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HEX Agenda 06/11/2015 COLLIER COUNTY HEARING EXAMINER HEARINGS AGENDA JUNE 11, 2015 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,JUNE 11,2015 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: May 14,2015 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. CU-PL20140001335,-Diocese of Venice in Florida,Inc. requests a Conditional Use to allow a church rectory and parking within a Agricultural (A) zoning district pursuant to Section 2.03.01.A.1.c.7 of the Collier County Land Development Code for a 3.31± acre property located adjacent to the existing St. Peter's Catholic Church on the north side of Rattlesnake-Hammock Road, approximately one quarter-mile east of Tamiami Trail East, in Section 18, Township 50 South, Range 26 East,Collier County,Florida. [Coordinator: Mike Sawyer, Project Manager] B. PETITION NO. ZVL(CUD)-PL20150000867-Pipers Crossings 1202,LLC, requests affirmation of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of Dialysis Center (SIC 8092) is comparable and compatible in nature with the permitted uses in the Commercial Convenience (C-2) zoning district under Section 2.03.03 B.1.a of the Land Development Code, for a property in the Commercial Convenience (C-2) zoning district located just north of the intersection of Airport-Pulling Road and Immokalee Road, in Section 24, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner] C. PETITION NO. SV-PL20140000590—Lotus Gunworks Naples,LLC requests a variance from LDC Section 5.06.04.F.1, which requires a minimum separation of 1,000 feet between pole or ground signs on multiple-occupancy parcels, to instead allow a minimum separation of 250 feet between one pole sign and one ground sign located along Vanderbilt Beach Road, and a minimum separation of 775 feet between one ground sign located along Vanderbilt Beach Road and one pole sign located along Airport- Pulling Road; and from LDC Section 5.06.04.F.4, which limits a 25,000 square foot building in a multiple-occupancy parcel to one wall sign with a maximum sign area of 200 square feet, to instead allow six wall signs with a total maximum sign area of 60 square feet, for Olympia Park a Land Condominium, Unit 400, located within the Walgreens PUD, Ordinance 99-53, in Section 2, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] 5. OTHER BUSINESS 6. PUBLIC COMMENTS 7. ADJOURN May 14, 2015 HEX Meeting TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY HEARING EXAMINER Naples, Florida May 14,2015 LET IT BE REMEMBERED,that the Collier County Hearing Examiner, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION at 2800 North Horseshoe Drive, Room 609/610,Naples,Florida,with the following people present: HEARING EXAMINER MARK STRAIN Also Present: Heidi Ashton-Cicko,Managing Assistant County Attorney Ray Bellows,Zoning Manager Page 1 of 14 May 14, 2015 HEX Meeting *** EXHIBITS *** Petition VA-PL20140001721 Belaire Development A Staff Report Page 4 B Legal Advertisement, 4 C Affidavit of Authorization 13 Petition VA-PL20150000189,Vanderbilt Beach,LLC A....Staff Report 33 B....Legal Advertisement 33 Petition SV-PL20150000086, RaceTrac Petroleum, Inc. A....Staff Report 44 B....Legal Advertisement 44 ************ PROCEEDINGS: HEARING EXAMINER STRAIN: Good morning,everyone. Good morning,welcome to the Thursday, May 14th meeting of the Collier County Hearing Examiner's Office. Everyone please rise for the Pledge of Allegiance. (Pledge of Allegiance was recited in unison.) HEARING EXAMINER STRAIN: Thank you. Couple housekeeping matters. Individual speakers will be limited to five minutes unless otherwise waived; all decisions are final unless appealed to the Board of County Commissioners; and a decision will be rendered within 30 days. Review of the agenda,the agenda that's on the screen above. There are three items on today's agenda. There's no changes on any of those,we'll move right through them. There's approval of prior minute meetings. We have two sets of minutes that were provided,April 9th and April 23rd. Both of those are okay to be recorded as submitted. And with that we'll move into 4.A. 4.A is Petition No.VA-PL20140001721. It's the Belaire Development,LLC for a variance on lot 67 in the Gulf Harbor subdivision. All those wishing to testify on behalf of this item,please rise to be sworn in by the court reporter. (All speakers were duly sworn.) HEARING EXAMINER STRAIN: Thank you. Disclosures on my part. I spoke with staff, I've reviewed all the files and I've also spoke with Nicole Johnson with The Conservancy. I also spoke to persons of the Building Department here concerning gutter application. There will be two exhibits currently listed. One will be Exhibit A,the staff report. The second will be Exhibit B,the legal ad. (Exhibits A and B were marked for identification.) HEARING EXAMINER STRAIN: And with that, I have read the entire staff report. Are there any members of the public here that are going to speak on this item? (Indicating.) HEARING EXAMINER STRAIN: Okay. The--I'm going to ask that the applicant make a brief presentation as to the nature of their request. I'm assuming--if the applicant's here,please come on up and Page 2 of 14 May 14, 2015 HEX Meeting identify yourself for the record. MR. HAAG: My name is Brian Haag, I'm the builder of Belaire Court and Winward Construction. HEARING EXAMINER STRAIN: Okay,you'll have to--the mics need to be probably moved up a little bit closer. They've been--we've been-- MR. HAAG: Is that better? HEARING EXAMINER STRAIN: --having trouble with those getting picked up. Yeah,that's much better. MR. HAAG: Okay, great. HEARING EXAMINER STRAIN: Thank you. MR. HAAG: Go ahead, sir? HEARING EXAMINER STRAIN: That works. You're asking for a variance on the rear setback based on the submission to the county that the--actually the county staff missed the reference that was supposed to have been measured from and instead they measured from the back of the lot line,which is apparently out in the water instead of the mean high water line? MR. HAAG: What happened is we submitted for the permit, it was approved,and I staked out the house. I had a surveyor come out and pin the corners of the house. And before I started the footer, I came back and I met with staff. And I said, "This doesn't seem right to me. I'm only about four or five feet from the water." And I met with staff here at the zoning counter and she pulled the regulations for me and she said,"No, that's right,the property line is"--you know,whatever it is, 10, 15 feet on the water. And we kind of had a discussion about it. I said, "Are you sure?" I don't know who she went back and talked to. She said, "Yes, I've reviewed it,this is the actual setback." So we built the house at the time. The spot survey was only required to be done prior to C.O. So I think we turned in the spot survey probably when the house was framed. And at that point they said,you know, "There's an issue,we can't approve this because you're too close to the water." So I came back with my notes and I said, "Look,we did this before we built the house and this was your approval." So it was run up the food chain I think to Chris Scott, I believe. And I got--not got into it but we got into the discussion,Chris Scott and I,and he said the problem is that the verbiage was adopted but never incorporated into the actual code. I mean,that's what it says via email,via my discussions with Chris is that apparently it had been changed at some point to which is ever more restrictive. But that was actually never adopted into the language of the code and changed,and that's why staff missed it. So going on,you know,this is a house that I'm just the builder and these people built this for an investor to sell. We haven't been able to C.O.the house. You know,these people have a large financial loss because the house has been sitting here. And going back through my emails,the original emails I have from Chris where this is staff error,we'll do a staff admitted--staff initiated variance. And through a period of 90 days we went back and forth,and then I guess as he ran that up through the chain of command, here at the Building Department it was changed to no,you have to be the applicant. And,you know,we--again, I'm not going to say we got into it,but I said this is nothing that we created,we're actually kind of victims of circumstance here. I don't want to be the applicant. So we settled on us paying for the advertising and the county doing a staff initiated variance, I believe is how it ended up. This has been going on for probably a year. And these people have, I think,and again I don't want to speak for them,but a hard money loan on this house. It's costing them--when they sell this house they'll be out hundreds of thousands of dollars. It's been going on for a year or more. And it's an unfortunate circumstance,but it was--it's just an oversight. And as far as I know and what Chris told me is that this is just a failure of Collier County to actually incorporate this whichever is more restrictive piece into the actual language that's written into the code. So that's what I know about it. Page 3 of 14 May 14, 2015 HEX Meeting HEARING EXAMINER STRAIN: Okay. And I appreciate your comments. It's interesting, I didn't know that you had actually caught the mistake early on and tried to come in and point it out and still got told you were okay. MR. HAAG: Absolutely. HEARING EXAMINER STRAIN: That's an interesting side note. Also to correct something that you were told,the corrected language is in the code. It was there. Whoever reviewed it failed to look at the definition section for yards waterfront,and it's--I found it, it's right there. It says the most restrictive of the following and a list of various points in which are supposed to be measured from, so-- MR. HAAG: And the experience is that's what I was told,and so-- HEARING EXAMINER STRAIN: Oh, I understand. I just wanted to correct that statement. MR. HAAG: Yeah. And only again,that it was actually--what's interesting, it's just a side note, doesn't change anything. When I came in to the counter before we actually did the footer and she looked up the codes, it was missed again. So that was actually twice that it was missed. HEARING EXAMINER STRAIN: I'm aware of it now. I wish it hadn't happened that way. MR. HAAG: Me too. HEARING EXAMINER STRAIN: One of the requirements of your permit is that square highlighted area: Utilize gutters to facilitate all roof stormwater to detention area. Use downspouts to connect gutters to the dry detention area. I don't believe those are on the house yet. MR. HAAG: It's fully guttered. HEARING EXAMINER STRAIN: Is it? MR. HAAG: Yeah,the house is fully guttered front,rear and sides,I believe. HEARING EXAMINER STRAIN: Okay. That will have to be verified by the inspection department,because it will be a condition. The sizing of the gutters has been--is a question. The gutters will have to be sized ample enough to take the full runoff from that section of the roof that they're serving. That will be part of one of the conditions that's being considered here today. So whatever is up there,you may be asked to verify through the county engineering department that the gutters are adequate. And that may be just an additional submittal you have to make. And the county engineer was here earlier. He's well aware of it and he'll be glad to take a look at it and his department will verify the size of-- MR. HAAG: We just suggest that,when we were talking with The Conservancy, is one of the other things we could maybe do is--the biggest gutter that I'm aware of is the six-inch super gutter. We also talked about maybe running a full splash block the back length of the house,just so if that gutter fills in a bad storm. Because,you know,there's drainage problems here with that entire subdivision. Maybe we can run a splash block across that length of gutter too,just maybe to help a little bit. HEARING EXAMINER STRAIN: I would suggest when you produce the sizing and you give it to the county engineer,he'll provide some documentation or at least review towards that effort,and you guys can decide what is the best way to address it. Just so it's all caught,that's the key. MR. HAAG: No problem. HEARING EXAMINER STRAIN: With that, I don't--I think I--go ahead,Heidi. MS.ASHTON-CICKO: There's an additional document to be added to the record and that's the affidavit of authorization signed by Ayal Keren of Belaire Development,LLC. The one in the package is not the correct affidavit for this application. HEARING EXAMINER STRAIN: Great,thank you. Do you have another copy of it so I can give this original to Cherie'? MS. ASHTON-CICKO: Yeah,you can give that to-- HEARING EXAMINER STRAIN: So Cherie',this will be Exhibit C,the affidavit of authorization. (Exhibit C was marked for identification.) HEARING EXAMINER STRAIN: That's all the questions I believe I have of you at this time,sir,so Page 4 of 14 May 14, 2015 HEX Meeting thank you. MR. HAAG: Okay,thank you. HEARING EXAMINER STRAIN: I do have some questions of staff. Thank you. No,not you,this staff. Fred,the notation on this particular detail shows a variance of 10 feet-eight inches,and that's a little bit easier to see right here. Yet the application is for 12 feet-eight. I know I understand the reason,but could you explain that so that--for everybody in the audience who may want to understand it as well? MR. REISCHL: Thank you,Mr. Strain. Fred Reischl,Zoning Division. The Land Development Code provides that a balcony that is unroofed and unenclosed,also a stairway unroofed and unenclosed may encroach three feet into a rear setback. That's the difference. HEARING EXAMINER STRAIN: Okay. In order to make this clear for any kind of documentation to go forward,this document doesn't match up in the way it reads to the staff report or to the actual variance requested. It says 10-foot-eight variance needed. Needs to change to 12-foot-eight is my assumption then. And the distance line that that's pointing to needs to point to the extent of the variance limitation. Would you agree or not? MR. REISCHL: I'm not sure-- HEARING EXAMINER STRAIN: If you see this one right there,I know it's kind of small. See that highlighted yellow? MR. REISCHL: Yes. HEARING EXAMINER STRAIN: It says 10-foot-eight variance needed to satisfy building setback requirement. That's the one I'm trying to get corrected. It isn't 10-foot-eight, it's 12-foot-eight. Is that-- MR. REISCHL: Okay, I see what you're saying. Yes,that's correct. HEARING EXAMINER STRAIN: Could you make a point to get that document corrected? Because it will have to be as an exhibit to the decision when it's issued,and I'll need that in order to issue the decision. MR. REISCHL: I'll tell the builder and he can relay that to the surveyor. HEARING EXAMINER STRAIN: Okay. The 10--the 12-foot-eight arrow, see the arrow from that block is pointing to the distance for the porch/balcony,but actually will have to go beyond that a couple of feet. MR. REISCHL: Correct,because of the-- HEARING EXAMINER STRAIN: Overhang. MR. REISCHL: --overhang. That exceeds the three feet that is required, but then becomes part of the variance,right. HEARING EXAMINER STRAIN: I just want all that to be clear-- MR. REISCHL: Understood. HEARING EXAMINER STRAIN: --so that it matches the decision. If the--if it's beneficial just to blow up that piece by your surveyor and show the detail,that works, but it's got to get clean. Fred, is there anything else you want to add to the staff discussion? MR. REISCHL: Just that I got a phone call from Nicole Johnson of The Conservancy of Southwest Florida and she discussed the runoff. I checked the building plans and my non-expertise in reading building plans where I did not see gutters,and I showed them to the Hearing Examiner and you found them quite quickly, so I'll have to learn how to read building plans more than site plans a little better. But the gutters are shown on there. But I also spoke to one of the engineering inspectors,Joe Bianchi,and he said it may require oversized. And as Mr. Haag said,that that will be determined at the time of inspection. HEARING EXAMINER STRAIN: Right. And I think what we'll be requiring is that prior to the C.O.the sizing of the gutter in the roof area,the calculations will be submitted to Jack McKenna who's our county engineer. He said he would turn it around real quick and make sure the sizing is adequate. I don't care how it gets done but I would think that the builder would be the one that would want to Page 5 of 14 May 14, 2015 HEX Meeting submit that,or the subcontractor that the builder's hired. So we just get a sign-off that the gutters are sufficient to take care of that roof runoff. With that in mind,are there any registered public speakers, Ray? We'll start with the registered first, then we'll go to unregistered. MR. REISCHL: Yes. Anthony Lombardo. HEARING EXAMINER STRAIN: Sir, if you want to come up and identify yourself for the record. You may have to spell your name for the court reporter. MR. LOMBARDO: Great. My name is Anthony Lombardo. That's L-O-M-B-A-R-D-O. I am located directly across the canal. There's an empty lot and then I am next to that from this home. And my concern that I want to raise today is not so much about the--specifically about the variance, it's making sure that we are aware because this house is so close and that back door you can see on the northwest corner,the actual land is literally underneath. It begins underneath that door,okay. So this house is on a slab, it's not driven in on pilings. I believe the builder can attest to that. But it's,you know,not anchored down in. This house gets C.O.'d and sold,what myself and some of my neighbors are concerned about is five, 10 years down there's a major structural problem because the land has been undermined and the homeowners have to walk away from the home. Now we have a different problem. That's one. Number two is if there is failings, is there any threat to the estuary,natural waterways that we have because this house is literally perched on the edge of the land. Number three is if there were ever a fire in this home,the fire trucks would approach from the front, they'd spray. There's no land in the back to catch any water. We know how much hazardous materials are in building materials today. All of that water is going straight into the canal. And it's a very fragile canal with wildlife. And this is a bird sanctuary. So we are more concerned that there is a way to prop up--you know,to ensure the structural integrity of the house. We spoke with Honc Marine;came out, looked across the canal, said that it is a very challenging project but there are ways to build a seawall,a buttressed seawall. Obviously you can't do deadman,you can't do traditional rip-rap because of the slope,but they feel that there is a way that they could go in there and build a seawall with buttresses out of the canal which would actually work to hold the land back to stop any structural damage or any additional erosion which would occur. Those are our major concerns,that this is not just a today's issue,this is an issue five years from now, 10 years from now when somebody who has a mortgage has a major problem and does not have the financial wherewithal to address it,walks away from it and leaves the county and the neighborhood with a bigger problem. So we ask the county to look at this and say what can we do to make sure that this is not--that this is structurally sound and that erosion does not cause a future problem to this structure. That's our concerns. And I appreciate your time. HEARING EXAMINER STRAIN: Thank you. Just out of curiosity,since you're from the area,were there seawalls in place along this canal where this house and yours and others were built? Were they built out over the seawall or was there no seawall there? MR.LOMBARDO: There is no seawall there. It's just natural land. And this is one of the canals which has very few seawalls at all. The one canal which does is Rainbow Court,which was one over,which my understanding was the first canal which the Army Corps put in. That has quite a bit of seawalls. The other canals in Gulf Harbor have very few. HEARING EXAMINER STRAIN: You mentioned pilings. Is your house on piling? MR. LOMBARDO: No,my house is one of the old homes, but it sits way back from the canal. It's probably 30,40 feet back. There are many homes which are on pilings in that area. So one of the things which again Honc had mentioned to us was when you look at the home,because it's sort of perched on the water you would typically think that this would be a home which would be constructed to have pilings or something driven into the earth to hold the house. Again, I don't want to speak for the builder,but it seems that this--as it went up it looked Page 6 of 14 May 14, 2015 HEX Meeting like it was a home which was built on a slab just precariously close to the canal. HEARING EXAMINER STRAIN: After your discussion and we have another public speaker,I'll be asking the builder to at least clarify some of the way the building methods are.Thank you. And Ray,from the county's perspective, how is a house like this reviewed for structural integrity and assurances that when waters rise or there's flood conditions that the house is going to be structurally stable?I mean, is that something you'd be familiar with? I know you're not the building department, I know who John Walsh is. But John's obviously not here and not expecting this. MR. BELLOWS: That's exactly what I was--for the record,Ray Bellows. That's exactly what I was going to say. I really would have to--my impression is that these are inspected by the Building Department,and before a C.O. is issued they're comfortable with the engineering of the house. But I think to answer more detailed questions,we need someone from the Building Department. HEARING EXAMINER STRAIN: Fred,since you're the planner with this project,what we'll do is after the meeting I'll get the exact questions asked of the gentlemen and ask that you send those to John Walsh, who's our building director,to get a response. And then we can--when the meeting's over, if we haven't(sic) already have the gentleman's contact information,make sure we do have it and we'll forward him the responses we have from the building department. This is a land use zoning hearing, it's a little different than a building application.But we'll try our best to get answers for you beyond what we hear from the builder when we ask him to speak as well. Nicole,did you have anything you wanted to address? MR. REISCHL: I would ask Mr. Lombardo, is your email on the speaker slip? Thank you. MS.JOHNSON: Good morning. Nicole Johnson for the record,here on behalf of The Conservancy of Southwest Florida. And our concern was the stormwater and making sure that you had gutters which may need to be more oversized than you would on a normal house. On normal homes,and my home has a roof similar to this,when you have the flashy big storm events,the water,some of it goes in the gutter,some of it spills over the edge. If it goes into grass then it still has that opportunity to percolate,to get cleansed. But in this case because you don't have any pervious area beneath the roof line,we really wanted to make sure that the gutters were sized appropriately for this particular situation. And I think that the splash guard is an idea that might be good to make sure that as much as possible is captured in the gutter system. Probably over-sized,but we'll leave that to the engineers to decide what that needs to be. But we would recommend and ask that some sort of gutter,sized appropriately for this particular situation,be part of your recommendation. HEARING EXAMINER STRAIN: Appreciate your heads up on this before the meeting. It gave me the opportunity to talk with our engineering department. They're more than willing to review the submittal and will clarify the basis and everything for that in a decision. MS.JOHNSON: Thank you. HEARING EXAMINER STRAIN: Thank you. And I'd like to.ask if the applicant's representative would come back up again. Would you mind providing some details of how the slab on this-- MR. HAAG: Yeah,sure. HEARING EXAMINER STRAIN: --home was constructed? MR.HAAG: Actually,the house is built on an AE,I think it's a 12(sic)flood zone. And the footers, there is no pilings on the house. We did soil bores and they weren't required-- THE COURT REPORTER: Please say that again. MR. HAAG: We did soil bores and the pilings weren't required. But it is a concrete foundation. The footers are what's known as spread footers, so they're a little bit over-sized. And obviously we're the builder,we don't do this portion. This is done by the engineers for support. But the lower level is essentially below required floodplain. And what happens is if you look at it,the Page 7 of 14 May 14, 2015 HEX Meeting floodplain's probably this high off of existing grade. And in speaking with the homeowners the decision then becomes well,do we build your house this high in the air,do we go all the way up so you can park underneath and actually fit a house of this size on the lot. So there is a lot of concrete and a lot of larger over-sized footers. It would be very difficult for this to move. One of the things that I had done was a site visit when this all came to fruition by our engineer,because I had the same concern.I said,okay,well,it's really--it's a little deceiving,the picture. The door's not actually over the water. The closest point of the building is probably four or five feet back from the waterline. But I still had the same concern,you know. And I said,you know,I don't--and I had a site inspection done prior to the house being built and was given the green light by the engineer. Now, I may be able to produce something from our engineer that he's fine with it. It's been probably 18 months since he looked at it. But the actual lower level is--you have a hydrostatic fence. The idea of a storm surge is such that if the water were to come up to and flood to relieve that pressure on the foundation of the building so that you wouldn't have the pressure of the walls pushing the--again,just telling you what I know about this,you wouldn't have the--having those walls roll over,the building collapse. I think there's 22 or 27 hydrostatic fence,that calculation is done by the engineers so that in theory the water would flow through the lower foundation without putting pressure on the walls or the structure itself to roll over. That's how it's designed. HEARING EXAMINER STRAIN: Have you had a final inspection on this house? MR. HAAG: We can't. We've been waiting for this. We can't get-- HEARING EXAMINER STRAIN: Have you had final structural inspection? MR. HAAG: No,this is what we're waiting for is this hearing. We haven't been able to have it. HEARING EXAMINER STRAIN: They wouldn't even give you final structural until this hearing? MR.HAAG: No,because final structural is when inspection--it's called building final. So we're only out--we've had the drainage system inspected. I know there's some questions about that so we have had the gutters inspected. We have had the drainage system inspected. We have two outstanding inspections that I'm aware of: Final electric and final building,which would be the functional equivalent of final structural. But the structural items in terms of foundation work are some of the first inspections that are done. So there's not that I'm aware of another structural inspection,per se. What we'd be looking at now is more life, safety, electrical,that type of thing as opposed to structural issues. HEARING EXAMINER STRAIN: Okay. So what we'll do is we'll get our Building Department involved to get a response to the specific questions asked today. We'll copy you with that response and we'll make sure everybody-- MR. HAAG: Yeah,obviously we want to work with you guys. This isn't-- I just want to resolve it on behalf of the homeowners,that's all. HEARING EXAMINER STRAIN: Appreciate your time. MR. HAAG: Okay. HEARING EXAMINER STRAIN: Are there any members of the public that wish to speak on this item? (No response.) HEARING EXAMINER STRAIN: Okay,with that we will close this hearing and a decision on this matter will be rendered within 30 days. Most likely a lot sooner than that. We usually take a week to 10 days if the backlog isn't too bad. So we'll have a decision out as shortly as we possibly can but no longer than 30 days. MR. HAAG: Should we move forward with the gutter calculations and those type of things? HEARING EXAMINER STRAIN: Well,yeah,and for the record the gentleman asked if he should move forward with the gutter calculations and that. Yes,because when the decision's issued you'll still have to complete the house pursuant to any conditions of the decision.The gutter issue will be part of that decision. The condition will be there. So the sooner you get proactive on that,the less time you'll have to work on it after the decision is issued. So I would jump on all this as soon as possible. MR. HAAG: The 12-and-a-half-foot clarification-- Page 8 of 14 May 14, 2015 HEX Meeting MR. REISCHL: I'll call you. HEARING EXAMINER STRAIN: Yes,the 12-and-a-half-foot clarification,that will need to be part of an attachment to the decision. So on that one I can't issue a decision until we receive that document cleared up. MR. HAAG: Perfect,okay. Appreciate it.Thank you. HEARING EXAMINER STRAIN: Thank you. MR. KEREN: Can I say one thing? HEARING EXAMINER STRAIN: Is it about the case that just-- MR. KEREN: Yes. HEARING EXAMINER STRAIN: You'll have to come up to the-- MR. KEREN: I'm the owner of the house. HEARING EXAMINER STRAIN: --microphone, identify yourself-- MR.KEREN: My name is Ayal Keren. A-Y-A-L. K-E-R-E-N. All I'm asking-- THE COURT REPORTER: Excuse me, let me swear you in first. MR.KEREN: Yeah, sure. (Speaker was duly sworn.) MR.KEREN: All I wanted to ask is if we can do it as fast as possible. We have this house that we're trying to sell. We already have a loss of 150,000 in this house and we're just waiting for this variance. So,you know,we're trying to do as much as we can to help the county with this variance. The house is built. I mean,we're probably not going to destroy it down. So it is a technical variance. We're trying to solve all the issues that came up here. There's no--to my knowledge,there won't be any structural. I went over all the engineer's plans and everything that was submitted and approved and we're just trying to push it forward because we have buyers that are waiting for this and they didn't buy it and we're already two years into this project. HEARING EXAMINER STRAIN: Well,I understand,and I wish it all didn't happen. But we--this office will move as fast as we possibly can. It will be contingent on I guess your contractor to supply that right detail.Once a decision's issued and the gutters are installed,after they've been reviewed by the county engineering department,which all can be done simultaneously. That will be as fast as we can get it done. We're not here to cause you any more trouble. It's unfortunate that it happened. We'll do the best we can from at least this office to get you out of the door. MR. KEREN: I understand. I just heard,you know,a few things about seawalls and,you know, keeping the environment and,you know,putting concrete seawall there is just going to--you know,most of the houses don't have it there. It's just going to make it ugly,and I just don't understand those concerns. HEARING EXAMINER STRAIN: If it's required by law, it will have to be there. But that's why we're going to have the Building Department double check the approval they've already issued on your plans. And if they--they'll have to then say either they issued them correctly and they've looked at these issues and everything's fine or they didn't issue them correctly. And we'll just have to--I'm assuming they were issued properly. And we'll just have to do that review,though. MR.KEREN: Okay. Thank you very much. HEARING EXAMINER STRAIN: Thank you, sir. ***Okay,with that we'll move on to the next petition today, it's Petition No.VA-PL20150000189,the Vanderbilt,LLC. It's for the Gulf Shore Drive,approximately 1,200 feet north of the Vanderbilt Beach Road. So I think we've called that the Twin Eagles beach house or clubhouse or something like that. All those wishing to testify on behalf of this item, please rise to be sworn in by the court reporter. (All speakers were duly sworn.) HEARING EXAMINER STRAIN: Disclosures. On my part, I've met with the applicant's representative, I've talked with staff numerous times and I've reviewed all the files,both historically and the ones that are in the planning commission--or the hearing examiner's packet. Exhibit A will be the staff report, Exhibit B will be the legal ad. (Exhibits A and B were marked for identification.) Page 9 of 14 May 14, 2015 HEX Meeting HEARING EXAMINER STRAIN: And with that, I have read the entire packet. Are there any members of the public here wishing to speak on this item? (No response.) HEARING EXAMINER STRAIN: Okay,because I've read the entire packet I won't need a formal presentation. I'll ask if the applicant wants to add anything to the record. And if you'd just come up and respond to that question, Karen, identify yourself for the record,that would be fine. MS. BISHOP: Good morning. I'm Karen Bishop. I represent the applicant for the Twin Eagles Beach and Bay Club. And I do not wish to do a presentation, unless you want me to. HEARING EXAMINER STRAIN: No, I think we're fine. I may have some questions that I'm going to ask staff to clarify. I may ask you to come back up and just clarify anything that comes up. Thank you. MS. BISHOP: Okay. HEARING EXAMINER STRAIN: The site location is on Vanderbilt Beach,as noted earlier. That's the general location there. There are three variances being requested:One for a stair modification to the north;one for a proposed arbor out alongside the pool; and one for the cooler addition that is in a location that's already utilized by an existing planner. In addition to those intrusions into the side setback,I did notice that on the bottom and on the top there are two existing stairwells that protrude into the side setback. Can staff explain to me why those aren't needed as even a matter of clarification for this variance action? MR. REISCHL: Fred Reischl with Zoning Division. There was a meeting that I was not in attendance,and I had spotted those two encroachments also. And I wasn't a party to the meeting so I don't know why I was instructed not to include them. I believe Ray was in the meeting,he may be able to enlighten us. MR. BELLOWS: For the record,Ray Bellows. I met with Karen Bishop. HEARING EXAMINER STRAIN: You're not getting picked up on that. Sony,Ray. MR. BELLOWS: How about that? HEARING EXAMINER STRAIN: There you go. MR. BELLOWS: During the meeting we had with the applicant we were talking about various types of possible variances that staff thought could--should be requested. And in discussion with the applicant there are certain things that would not necessarily qualify for a variance. If the stairway's unenclosed and is less than 30 inches, it wouldn't have to meet the setback requirement. That's my understanding in regards to the stairs. There might be--my memory may be different so I'll maybe have to defer to the applicant. HEARING EXAMINER STRAIN: Karen,would you mind responding? Thank you. MS. BISHOP: Karen Bishop,again. It was determined that since those were already approved and C.O.'d 12 years ago that they would not require additional variance at this time. HEARING EXAMINER STRAIN: My concern was if we're in here for a variance and we can clean them all up at once, it would seem an expeditious way to do it. Ray,in your discussion--well,first of all,Ray seems to believe--he has expressed that's an exception for uncovered. Are these covered or uncovered? MS. BISHOP: They're uncovered. HEARING EXAMINER STRAIN: Well,then that would take them out of the need to-- MR. BELLOWS: Are they less than 30 inches too? MS. BISHOP: I didn't measure the height of those,honestly,just to be honest with you. I know that the finished floor elevation of that club is much higher than the--you know,there's substantial stairs that go up into this, because it's a flood area. It may be a little bit more than 30 inches,I just can't--for sure. It never came to--not something I know for sure. Page 10 of 14 May 14, 2015 HEX Meeting HEARING EXAMINER STRAIN: In our--go ahead,Fred. MR. REISCHL: Mr. Strain,if you're looking for a cure,the way the title is written,it would allow for other points that are--because those are not the farthest protrusion to the north and the south.Therefore,if you want to change my condition where I say it's just for those three points, if you want to add these other two points, it's my belief I can leave it to the County Attorney to make the final decision. But it sounds to me like it was advertised for the maximum encroachments. And since these are less than that maximum, if you wanted to add those,that would still, in my non-legal opinion,work. HEARING EXAMINER STRAIN: Even if they were put in at a previous approval,just like we saw with this house,doesn't make it conform. It doesn't make it legal. MR. REISCHL: Correct. HEARING EXAMINER STRAIN: I would rather we clean everything up at one time and just include those into this variance action,because they're within the setbacks that we're talking about. Is there any objection from the County Attorney's Office for doing that? MS.ASHTON-CICKO: No. HEARING EXAMINER STRAIN: Okay. Then what I will do is after this meeting, Ray,or Fred, we're going to need to get just a slightly different site plan than this one. Those two stairwells that will need to be considered now just need to be darkened in so that they're part of the variance action. And that would clean that up. And then we get all of them done at one time. MS. BISHOP: I'm a little confused. You say two stairwells. We're talking specifically one stairwell on the south side of the property? HEARING EXAMINER STRAIN: Well, I'm sorry,there's one on the south side and there's one on the north side. MS.BISHOP: But the north side is already in the variance. HEARING EXAMINER STRAIN: Just the dark one. The one to the left of the dark one,that's 12 foot 12. MS. BISHOP: Okay. HEARING EXAMINER STRAIN: That one, if it's supposed to be 15, I would want to make sure that that is covered. Go ahead. MS. BISHOP: That one technically has a small canvas cover right above. Because this goes underneath the building and so rain gets in. But it's--that one I know for sure is not 30--is below 30 inches. That's--because it goes down underneath. And so there is a little canvas cover right above where the hole is, so to speak,so it doesn't fill up with water. HEARING EXAMINER STRAIN: That's fine.Then the only one we need to shade in is the one on the bottom-- MS. BISHOP: Okay. HEARING EXAMINER STRAIN: --right next to the arbor. That will just clean up so there will be no question in the future. MS. BISHOP: I'm sure we already have an exhibit just like that too. HEARING EXAMINER STRAIN: I think you do. MS. BISHOP: I'm sure I do. HEARING EXAMINER STRAIN: Thank you. MS.BISHOP: Thank you. HEARING EXAMINER STRAIN: And Ray or Fred,I believe we've received two letters of no objection from the adjoining neighbors? MR. REISCHL: From the property owners to the north and south. HEARING EXAMINER STRAIN: Okay,double checking my questions to make sure we've asked everything. Go ahead,Karen, come on up. MS. BISHOP: It was just brought to my attention that the new proposed changes there does include more of a roof over that one on the north side. I didn't see the final construction plans to know for sure. So Page 11 of 14 May 14, 2015 HEX Meeting they're taking out I guess the little canvas that exists over the top of it and putting a little roof over it. HEARING EXAMINER STRAIN: To be safe,why don't you just-- MS. BISHOP: Shade it in. HEARING EXAMINER STRAIN: --shade them both--well,honestly, it will -- MS. BISHOP: I'm okay. HEARING EXAMINER STRAIN: --stop any question in the future. MS. BISHOP: It's not a problem for me. I'm happy to do it. I thank you. HEARING EXAMINER STRAIN: Okay. Fred,do you have a staff report? MR. REISCHL: Thank you,Mr. Chairman. Fred Reischl,Zoning Division. HEARING EXAMINER STRAIN: There you go,Chairman. MR. REISCHL: Oh,Mr. Strain, sorry. One correction that we noted to you is that the address in the staff report of 9468 is the one that I got from the Property Appraiser's website but apparently with multiple buildings on this property. The actual address of this building in question is 9467. HEARING EXAMINER STRAIN: Was that the right address in the advertisement? MR. REISCHL: There was no address in the advertisement. HEARING EXAMINER STRAIN: Good. Then we don't have to deal with that issue. MR. REISCHL: Right. HEARING EXAMINER STRAIN: Okay, I don't have any other questions. Are there any members of the public like to speak in this matter? (No response.) HEARING EXAMINER STRAIN: Okay,with that we'll conclude this hearing and a decision will be rendered as quickly as I can possibly crank it out. And we will need the corrections to this site plan. MS. BISHOP: We'll have them today. HEARING EXAMINER STRAIN: And the decision will take no longer than 30 days. But as I mentioned to the prior applicant,we're--usually within a week or 10 days we get them out. We'll do our best to move this fast. I know you've been waiting a long time and you have a deadline to meet, so we'll certainly try our best to help you there. Thank you. ***Next and last item up today is Petition No. SV-PL20150000086. It's the RaceTrac Petroleum, Inc. It's for the convenience store and service station that will be on the corner of Barefoot Williams Road and U.S.41. All those wishing to testify on behalf of this item,please rise to be sworn in by the court reporter. (All speakers were duly sworn.) HEARING EXAMINER STRAIN: Disclosures. On my part I have met with Tom Hardy who's the representative for RaceTrac, I've had discussions with the staff, I've talked with the commissioner from the district,I've reviewed all the files both in the packet and historical that I could find,and I've talked with various residents of the Hitching Post which is a community adjacent to this particular project. Exhibit A will be the staff report and Exhibit B will be the legal ad. (Exhibits A and B were marked for identification.) HEARING EXAMINER STRAIN: And with that,I have read the entire staff report. There are no members of the public here to discuss this item, so I don't need a formal presentation. I would like confirmation from the applicant on a couple conditions. Mr.Hardy, if you don't mind coming to the mic, identify yourself first,please. MR. HARDY: Good morning. Tom Hardy with RaceTrac Petroleum. HEARING EXAMINER STRAIN: I get to see you a lot in Collier County now. MR. HARDY: We've got a few locations going. HEARING EXAMINER STRAIN: I think there's six, if I remember,and you've got two more on Immokalee Road, so you're up to about eight plus the one that exists on Pine Ridge, so you're what,nine now, something like that? Page 12 of 14 May 14, 2015 HEX Meeting MR.HARDY: Yes, sir. Yes, sir. We enjoy the Collier market. We really like doing business down here. HEARING EXAMINER STRAIN: Well,I think people down here like to spend money on gas too because there's a-- MR. HARDY: Yes, sir. HEARING EXAMINER STRAIN: --your places are always very packed. In discussions with the neighborhood, similar to the conditions that we talked about on 951 and Manatee,there was concerns about the wall height. And I believe you've agreed to go to an eight-foot wall height there on this location,and that we would use the canopy tree that was utilized on the Manatee project. Is that confirmed with your office? MR. HARDY: Yes, sir. And part of our building permits that are approved with the SDP. HEARING EXAMINER STRAIN: So you already kind of figured that,huh? MR. HARDY: Yes, sir. HEARING EXAMINER STRAIN: Tom,that's all I've got. I just wanted to get that cleared up for the record. So I appreciate your time. I do want to know--Fred,do you have a staff report--that's all I need from you,thank you. Or Mike, I'm sorry. Last time I think it was Fred, so this is great. MR. SAWYER: Good morning. Mike Sawyer,Zoning Division. You've got the staff report dated I believe April 22nd. I can answer any questions that might come up. HEARING EXAMINER STRAIN: Would you mind turning to Page 3 of the staff report under purpose/description of project in the second paragraph. Let me know when you're there. MR. SAWYER: I've got it. HEARING EXAMINER STRAIN: Okay. The second paragraph reads, it says: Second,the applicant is requesting a variance from Section 5.05.05(C)(2)(b)which limits canopy signs and the facades that face the street right-of-way to instead allow canopy local sign on the northeast sign of the canopy. Doesn't that--shouldn't that say southeast side of the canopy? MR. SAWYER: It most definitely should. I apologize. HEARING EXAMINER STRAIN: And then it says which is none,N-O-N-E, street facing side of the--which is not facing a street side of the canopy. MR. SAWYER: Should be non street side. HEARING EXAMINER STRAIN: Non instead of none. Okay. Then the last one of these little nuances is the County Attorney's Office. It says: The County Attorney's Office has not yet reviewed the staff report for this particular action.Did we have an update from the County Attorney's Office on their review? MS. ASHTON-CICKO: Scott,would you like to address that? MR. SCOTT: Scott Jones,Assistant County Attorney. I believe that I did review it. It may just be an error on the approval. HEARING EXAMINER STRAIN: You believe you reviewed it? Mike,do you know if you reviewed it? MR. SAWYER: I know in fact that he did in fact review it. The not yet should have been removed when I added the date into that section. HEARING EXAMINER STRAIN: Ah. Okay,well,that--you're safe, Scott. Thank you. MR. SAWYER: The project manager apologizes for all those three errors. HEARING EXAMINER S TRAIN: Well,there's no members of the public here so there's no sense in running through this. But I believe I've asked all the questions I have. And there's nothing else on staffs part? MR. SAWYER: Nothing further. HEARING EXAMINER STRAIN: Any members of the public here that would like to speak on this item? (No response.) HEARING EXAMINER STRAIN: Hearing none,we will close this public hearing and a decision Page 13 of 14 May 14, 2015 HEX Meeting will be rendered within 30 days,most likely a lot less. I thank you all for coming. Tom,thank you,appreciate your time. MR. HARDY: Thank you. HEARING EXAMINER STRAIN: That takes us to other business. There's none on the agenda. Public comments,there's no members of the public left,so I think we've taken care of that issue. And with that,this meeting is adjourned.Thank you all. (At which time,this hearing concluded at 9:43 a.m.) ********************* There being no further business for the good of the County,the meeting was adjourned by order of the Hearing Examiner at 9:43 a.m. COLLIER COUNTY HEARING EXAMINER MARK STRAIN,HEARING EXAMINER ATTEST: DWIGHT E. BROCK,CLERK These minutes approved by the Hearing Examiner on ,as presented or as corrected . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM,COURT REPORTER AND NOTARY PUBLIC Page 14 of 14 AGENDA ITEM 4-A S &9unty STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION, GROWTH MANAGEMENT DEPARTMENT HEARING: JUNE 11, 2015 SUBJECT: PETITION CU-PL20140001335, SAINT PETERS CATHOLIC CHURCH, CONDITIONAL USE PROPERTY OWNER/AGENT: Owner: Agent: Diocese of Venice in Florida, Inc. Robert J. Mulhere, FAICP 1000 Pinebrook Road Hole Montes, Inc. Venice, Fl 34285 950 Encore Way Naples, Fl 34110 REQUESTED ACTION: To have the Collier County Hearing Examiner (HEX) consider an application for a Conditional Use petition to allow for Conditional Use 7 in the Agriculture Zoning District (A): Church. The petition request will if approved allow a church rectory and parking area to occur on this parcel with access provided from the existing Saint Peter's Church property. GEOGRAPHIC LOCATION: The subject property is located directly north of the existing Saint Peter's Church property and contains 3.31± acre. The site is generally located on the north side of Rattlesnake Hammock Road approximately one-quarter mile east of the intersection of Rattlesnake Hammock Road and East Tamiami Trail (US 41), in Section 18, Township 50 South,Range 26 East, Folio Number 55451000002. (See location map on the following page) CU-PL20140001335 Page 1 of 9 Saint Peter's Catholic Church,Conditional Use May 20,2015(revised:5-21-15,5-22-15,5-26-15) Fit, sero, ��a0000*ogoo©oilo1�'w.et4 p1*Qa©oE0000a e.- -- � LO`: © R * 3 3 g • ��®,� .� eeee�ie0eeeeeeee *tab _ .. tr. LI a IRMIEoo�eECCe 1 ; a: v - La ^ : e: a Oaaa:.#14 3124""38 NYS ! z V a . R. . , , ,, �e�e®�� �000a�000©©R „ �o q =� ioio vo- iit© . f ©- mama Cr' 14 ©! pWilikliiikw p< Igo_��`� n !! ►e©eeenfi t.kmmibedegbehed sivoRPPeF° Allieeea v - R i tCe = Q rellIMMI1111111 M g R et‘NIN -I:: OD 15 . la El C O Yry 1 © 4 F mi © ilo 1_ Li o ow ce ;v/ 6 ® sON I./ado: - � h 1 -co o i. i /01W titte, i g" . cr Li WW1 1�i►��� r4O eSte�i'� :� "c 1 nr of N" a rnas a ux , 3 U _� � o. , L .-1 . '''" k 41 ' ii k_ i 1 , / 1 —r. -----' L. iirr......r. , , ,-- i 1. 1 i , z a ' -114-FE' a-9 - a R . , , - h _ 1 , 4 d 0_ 11,„ A7 rna r- .. w I 3v 9 - G ►1 .. 111 �, A 2Q as O - . / 1_ L fat ,) r_\,_ x 12 ; 1 4 ill J I 4 1 k- 0 "`" \Irv' gli p. h 7 444 ii t 4 -1 E � 0 it %f �. �„� , 1 Y PURPOSE/DESCRIPTION OF PROJECT: As noted, the Petitioner has applied for a Conditional Use as provided for in the Agriculture Zoning District, specifically conditional use 7, Churches. The subject property is undeveloped containing primarily a mix of native and non-native vegetation including several large native Cypress trees. The Conceptual Site Plan depicts a proposed interim church parking area as well as the future church rectory. It is likely that at least a portion of the interim church parking area will remain after the church rectory is constructed. As previously stated, the subject site is generally located on the north side of Rattlesnake Hammock Road approximately one-quarter mile east of the intersection of Rattlesnake Hammock Road and East Tamiami Trail (US 41). Staff notes that the site also includes the existing Rich King Memorial Greenway which is part of the Regional Transportation Network Pathways that will link Collier County and Lee County when completed. The Rich King Greenway is depicted on the Conceptual site Plan. SURROUNDING LAND USE& ZONING: North: Developed residential parcels, with a zoning designation of Residential Single- family District(RSF-3), specifically the Palms of Lely Development. South: Developed St. Peter's Catholic Church, with a zoning designation of Planned Unit Development(PUD),then Rattlesnake Hammock ROW. East: The Rich King Memorial Greenway, then stormwater canal, then developed parcels with mobile homes and zoned Mobile Home(MH). West: Developed residential parcels, with a zoning designation of Residential Single- Family District(RSF-3), specifically the Lely Villas Condo Unit 1 development. CU-PL20140001335 Page 3 of 9 Saint Peter's Catholic Church,Conditional Use May 20, 2015(revised:5-21-15, 5-22-15,5-26-15) x. ' 'ti 1 ,. c. „ 1 1 4, e N. • ` d _ _�.,,�- 1111444 4 $..,.a. / ' Saint Peter's Catholic = ;. !• Church Conditional Use + �� I 1 F CU-PL20140001335 :# ti �p in � �! 1 IA NIA I so ler :1,,LI., 1/41V7S : Ap i la 1". my 41,.. — , ur 4,„,.. 1 % ir is Aikito .. g ..... . 4. ,,t) a ,„ v - .11111r ' 0 ii,Ah._ 410 1 ,mss ii "). I It'" (f ' I — Existing Saint Peter's - IAi c. + Church _ f t i.-,...-.,....,-,..„. III, Wilf Aerial Photo GROWTH MANAGEMENT PLAN(GMP)CONSISTENCY: Future Land Use Element (FLUE): The subject property is identified on the Future Land Use Map (FLUM) of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) as Urban Mixed Use District, Urban Residential Subdistrict and currently zoned `A' (Rural Agriculture) zoning district. The Urban Mixed Use District is intended to accommodate a variety of residential and non-residential land uses, including Community Facilities such as churches and(private) schools. St. Peter's Catholic Church Planned Unit Development (PUD) was approved by Ordinance 90-4 on January 23, 1990. In addition to the Church, the property also accommodates accessory uses, including a church office,parish hall, columbarium, and parking. FLUE Policy 5.4 provides that all new development must be compatible with the surrounding land uses. Comprehensive Planning leaves the determination of compatibility to Zoning Services staff as part of their review in its totality. CU-PL20140001335 Page 4 of 9 Saint Peter's Catholic Church,Conditional Use May 20,2015(revised:5-21-15, 5-22-15,5-26-15) Policy 7.1 "The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code." [The subject site does not abut an arterial or collector road and as noted access is provided through the existing Saint Peter's Church property.] Policy 7.2 "The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals."[There are internal accesses provided between the parking areas of the existing church. Interconnection is provided on the conceptual site plan that depicts access to the subject site from the existing church parking area south of the existing site. There are no loop roads within the existing church property and the proposed grass parking area site will eventually accommodate a future church rectory.] Policy 7.3 "All new and existing developments shall be encouraged to connect their local streets and /or interconnection points with adjoining neighborhoods or other developments regardless of land use type." The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element.[To the north and west of the site is developed single family homes, east of the site is separated by a bike path and canaL To the south of the site is an existing St. Peter's Church parking area, and therefore further interconnections are not feasible.] Policy 7.4 "The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types." [This Policy is mostly not applicable. Interconnection to the church is offered between the proposed parking areas of the subject site and the existing church property. The parking areas provide access to sidewalks that surround the existing church and other amenities.] Based on the above analysis,staff finds the above to be consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element (TE): The Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan(GMP). Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element(CCME). Environmental Services staff has reviewed the Conditional Use petition to address environmental concerns. This project does not require Environmental Advisory CU-PL20140001335 Page 5 of 9 Saint Peter's Catholic Church,Conditional Use May 20,2015(revised:5-21-15,5-22-15,5-26-15) Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. ANALYSIS: Section 2.03.01.A.1.c of the LDC permits conditional uses in the Rural Agricultural Zoning District(A). The requested church rectory and parking uses are permitted as conditional uses in the Agriculture (A) Zoning District, subject to the standards and procedures established in section 10.08.00, Conditional Use Procedures, of the LDC. and in the Administrative Code for land development. The petition request meets the conditional use provisions of this zoning district. Before any conditional use can be approved the Collier County Planning Commission must determine if the petition meets the following provisions,finding that: 1) granting approval of the conditional use will not adversely affect the public interest; 2)all specific requirements for the individual conditional use are met;and 3) satisfactory provisions have been made concerning the following matters,where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. As noted above, this proposal is consistent with the applicable provisions of the FLUE, the Transportation Element and the CCME Element; therefore the petition is consistent with the overall GMP. The proposal may also be found consistent with all of the applicable provisions of the LDC. 2. Ingress and egress to the 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. As shown on the Concept Site Plan vehicular access to the site is provided from the adjacent Saint Peter's Church campus. With regard to traffic impacts on the public right-of-ways, Transportation Planning staff indicates that they have reviewed this petition and determined that the proposed uses do not increase impacts. Additional internal detail site traffic flow and access will be addressed as part of the LDC required Site Development Plan permitting process. 3. The effect the Conditional Use would have on neighboring properties in relation to noise,glare,economic or odor effects. Based on the information provided by the applicant, staff is of the opinion that the proposed project should not generally generate additional noise, glade, and odor or CU-PL20140001335 Page 6 of 9 Saint Peter's Catholic Church,Conditional Use May 20,2015(revised:5-21-15,5-22-15,5-26-15) otherwise generate undesirable economic impact on the neighborhood above those permitted in this tract. 4. Compatibility with adjacent properties and other property in the district. As previously noted the site is adjacent to residential lands all of which are developed parcels. Staff believes that the LDC required site development elements of the project will be compatible with the neighborhood. Staff therefore believes that the proposed Conditional Use to allow the church use can be deemed compatible with the neighboring properties. Furthermore, staff believes the recommended condition of approval in combination with the proposed master site plan improvements and LDC standards adequately protect the public's interest. NEIGHBORHOOD INFORMATION MEETING (NIM): The agent/applicant duly noticed and held a NIM on December 9, 2014, at 6:00 PM at the Saint Peter's Catholic Church, Parish Hall, 5130 Rattlesnake Hammock Road,Naples,Fl. Please see Neighborhood Information Meeting(NIM) Summary(Attachment C). Staff notes that one of the issues discussed at the NIM involved foot traffic from the proposed parking area to the adjacent residential neighborhood. The residents requested a fence to prevent the potential foot traffic. The agent/applicant agreed to provide the fence however the type of fence was not discussed or clarified. For development such as this (non-residential) LDC Section 5.03.02.H requires that a 6-8 foot high masonry wall/fence be constructed adjacent to residential zoned districts. Further staff notes that consideration could be made to provide an alternative solution to this requirement as part of this CU petition if the solution were determined to be in excess of minimum LDC standards. The agent/applicant did not propose an alternative solution as part of the review process for the zoning request. Any consideration of an alternative solution should be consistent with LDC Section 5.03.02.H.4 which provides for deviation(s) from the wall/fence requirement and is normally considered through the Administrative Fence Waiver application/process. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has (NOT YET) reviewed the staff report for CU- PL20140001335. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition CU- PL20140001335, subject to the following condition: CU-PL20140001335 Page 7 of 9 Saint Peter's Catholic Church,Conditional Use May 20,2015(revised:5-21-15,5-22-15,5-26-15) 1. "No parking" signs shall be posted along Rattlesnake Hammock Road and Hawaii Boulevard R.O.W.s subject to Collier County Right-of-Way permitting and standards. Attachments: A. Conceptual Site Plans 1 of 2 and 2 of 2. B. Application CU-PL20140001335 Page 8 of 9 Saint Peter's Catholic Church,Conditional Use May 20,2015(revised:5-21-15,5-22-15,5-26-15) PREPARED BY: 11264/ aiff 5 .2 ( . 15 IC r L SA„ E'' 'ROJECT MANAGER DATE ZONIN DIVISION REVIEWED BY: RAYMO V. BELLOWS,ZONING MANAGER DATE ZONING DIVISION 5- ? 2- 1 r MICHAEL BOSI,AICP,DIRECTOR DATE ZONING DIVISION CU-PL20140001335 Page 9 of 9 Saint Peter's Catholic Church,Conditional Use May 20,2015(revised:5-22-15) 1 ill! J' W N N 7 a y'T 0 -. fL w r0i cn �1i1 s� o ria. co-N °' vv++ C xlO 0 rt, fD > fl � a2 _z xi illIl C vro no ° o'o ai 3 3 r<D rrDD 0 1 c r In 73 Cpm co o aa , @ ,. - C -I ,aiIr, Vf„. < °v,' o sn to _ s - < �• O O W CO C ro 3 -I r1p f�M 7 fy nq 4 Cu A- m. C7UO y II"i X X WD mmm 7C C .. 7 ro u, el. fp v+'P1 N m 01 > _. 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C o-c O O L (n<0 J !fir; U111 iiii /EH nu 44441 Co el' County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coiliergov.net (239)252-2400 FAX:(239)252-6358 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE LDC Section 10.08.00&Code of Laws section 2-83—2-90 Chapter 3 C.1 of the Administrative Code PETITION NO(PL) PROJECT NAME To be completed by staff DATE PROCESSED El A CONDITIONAL USE TO BE HEARD BY THE PLANNING COMMISSION AND BOARD OF ZONING APPEALS A MINOR CONDITIONAL USE TO BE HEARD BY THE OFFICE OF THE HEARING EXAMINER APPLICANT CONTACT INFORMATION Name of Applicant(s): Diocese of Venice in Florida, Inc. • Address: 1000 Pinebrook Road City. Venice State: FL ZIP: 34285 Telephone:941-484-9543 Cell: N/A Fax: 941-485-6344 E-Mail Address: nepip@dioceseofvenice.org Name of Agent: Robert J. Mulhere, FAICP Firm: Hole Montes, Inc. Address: 950 Encore Way City: Naples State: FL zip: 34110 Telephone: 239-254-2000 Cell: N/A Fax: 239-254-2099 E-Mail Address: bobmulhere@hmeng.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS.GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. • 7/18/2014 Page 1 of 13 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colllergov.net (239)252-2400 FAX:(239)252-6358 DISCLOSURE OF INTEREST.INFORMATON Please complete the following,use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL,tenancy by the entirety,tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address %of Ownership b. If the property Is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address %of Ownership Diocese of Venice in Florida, Inc. 100% 1000 Pinebrook Road • Venice, FL 34285 Bishop Frank J. Dewane Chancellor Volodymyr Smeryk c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address %of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address %of Ownership • 7/18/2014 Page 2 of 13 1110 Coeir County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.coiliergov.net (239)252-2400 FAX:(239)252-6358 e. If there is a CONTRACT FOR PURCHASE,with an individual or individuals,a Corporation, Trustee, ora Partnership, list the names of the contract purchasers below, including the officers,stockholders, beneficiaries,or partners: Name and Address %of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties,list all individuals or officers, if a corporation, partnership,or trust: Name and Address g. Date subject property acquired ❑Leased:Term of lease years/months If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: ,or Anticipated closing date: h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. • 7/18/2014 Page 3 of 13 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 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.colliergov.net/index.aspx?page=774. Name of Homeowner Association: Lely Villas I Mailing Address: 4881 Berkley Drive City: Naples State: FL ZIP: 34112 Name of Homeowner Association: Riviera Golf Estates Homeowners Association Mailing Address: 425 Charlemagne Blvd. City: Naples State: FL zip: 34112 Name of Homeowner Association: Colony Pines Property Owners Association,Inc. Mailing Address: 5004 Catalina Court City; Naples State: FL Zip: 34112 Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: • Mailing Address: City: State: ZIP: . . .. PROPERTY INFORMATION On separate page, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1"to 400'scale),if required to do so at the pre-application meeting;and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description,an engineer's certification or sealed survey may be required. Property I.D. Number: 55451000002 Plat Book: 8 Page#: 50 Section/Township/Range: 18 / 503 / 26E Subdivision: Lely Tropical Estates Unit 1 Lot: Block: Part of 18 Metes&Bounds Description: see Legal Description Size of Property: 275 ft.X 480 ft. = 144,184 Total Sq.Ft. Acres: 3.31 Address/General Location of Subject Property: 5130 Rattlesnake Hammock Road,Naples,FL 34113 7/18/2014 Page 4 of 13 9nty• COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colllergov.net (239)252-2400 FAX:(239)252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N RSF-3(Residential Single-Family) Palms of Lely/Single-Family homes S PUD St.Peter's Catholic Church E MH(Mobile Home) Riviera Colony Mobile Home Park W RSF-3(Residential Single-Family) Lely Villas Condominium/Single-Family homes If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate, attach on a separate page) Section/Township/Range: 18 /50S /26E Lot: Block: 17&18 Subdivision: Lely Tropical Estates Unit 1 Plat Book: 8 Page#: 50 Property I.D.Number: 55450960004 Metes&Bounds Description: Block 17&a Portion of Block 18(as described in OR 618,PG 1356) :;;:.• CONDITIONAL USE REQUEST DETAIL Type of Conditional Use: This application is requesting a conditional use as allowed,pursuant to LDC section 2.03.00,of the A(Rural Agricultural) zoning district for Churches (type of use). Present Use of the Property: Vacant/Undeveloped • 7/18/2014 Page 5 of 13 9y9nty • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 EVALUATION CRITERIA Pursuant to LDC section 10.08.00 and Chapter 3 C.1 of the Administrative Code,staff's recommendation to the reviewing body shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use,if any,have been met.Further,satisfactory provision and arrangement have been made concerning the following matters,where applicable. SEE ATTACHED EVALUATION CRITERIA On a separate page,provide a narrative statement describing a request for a conditional use and a detailed response to the criteria listed below.Specify how and why the request is consistent with each of the criteria. a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience,traffic flow and control,and access in case of fire or catastrophe. c. Describe the effect the conditional use will have on neighboring properties in relation to • noise,glare, economic impact,and odor. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district. e. Please provide any additional information which you may feel is relevant to this request. Deed Restrictions: The County Is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property:To your knowledge,has a public hearing been held on this property within the last year? if so,what was the nature of that hearing? NO-N/A 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? ❑� No ❑Yes (If yes please provide copies.) • 7/18/2014 Page 6 of 13 Co fifer• County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST APPLICANT INFORMATION, .. .:. Name of Applicant(s): NOT APPLICABLE Address: City: State: ZIP: Telephone: Cell: Fax: E-Mail Address: Address of Subject Property(If available): City: State: ZIP: LEGAL DESCRIPTION Section/Township/Range: / / • Lot: Block: Subdivision: Plat Book: Page#: Property I.D.Number: Metes& Bounds Description: TYPE OF-SEWAGE DISPOSAL TO BE PROVIDEt? Check applicable system: NOT APPLICABLE a. County Utility System ❑ b. City Utility System ❑ c. Franchised Utility System ❑ Provide Name: d. Package Treatment Plant ❑ (GPD Capacity): e. Septic System ❑ I �..: ��"�; m.:4.1YPE OF WATER SERVICE TO BE PROVIDED a. County Utility System ❑ b. City Utility System ❑ c. Franchised Utility System ❑ PROVIDE NAME d. Private System (Well) ❑ Total Population to be Served: Peak and Average Daily Demands: . A. Water-Peak: Average Daily: B. Sewer-Peak: Average Daily: 7/18/2014 Page 7 of 13 Co ear County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 If proposing to be connected to Collier County Regional Water System,please provide the date service is expected to be required: NOT APPLICABLE Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used,then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. NOT APPLICABLE County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. NOT APPLICABLE Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. NOT APPLICABLE • 7/18/2014 Page 8 of 13 $ e! CntY • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance,the owner or developer at their expense shall record In the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified In the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of F.S. §695.A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner, Zoning Services Department,within 15 days of recording of said Memorandum or Notice. 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. • • 7/18/2014 Page 9 of 13 95ty 0 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: .' ❑A Conditional Use to be heard by the Planning Commission and Board of Zoning Appeals A Minor Conditional Use to be heard by the Office of the Hearing Examiner Chapter 3 C.1.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 Required Not Copies Required Completed Application(download current form from County website) lfl x 0 Cover letter briefly explaining the project 1 x ❑ Pre-Application Notes 1 x ❑ Affidavit of Authorization,signed and notarized 2 Q 0 Completed Addressing Checklist 1 M ❑ Warranty Deed(s) 3 0 Boundary Survey 3 0 0 Conceptual Site Plan 24"X 36" plus(one 8 S4 X 11 copy) lgi ❑ 1111 Plans showing proposed location for utilities,if required 3.11 ❑ x Plans for screening and buffering the use with reference as to type,dimensions, 14❑ ❑ ❑ and character,if required Plans showing the proposed landscaping and provisions for trees protected by 1E ❑ a County regulations,if required Plans showing the proposed signs and lighting,including type,dimensions,and ❑ ❑ Q character,if required Architectural Rendering of Proposed Structure(s),if applicable 4 0 Q Current aerial photographs(available from Property Appraiser)with project 5 O ❑ boundary and,if vegetated,FLUCFCS Codes with legend included on aerial. Statement of utility provisions(with all required attachments&sketches) 1 0 E J Environmental Data Requirements,pursuant to LDC section 3.08.00 3 0 0 Environmental Data Requirements collated Into a single Environmental Impact Statement(EIS)at time of public hearings. Coordinate with project planner at time 0 0 0 of public hearing. Listed Species Survey;less than 12 months old. Include copies of previous surveys. 2 Q . 0 Traffic Impact Study(TIS)or waiver 7 0 Q Historical and Archeological Survey,or waiver 4 0 El Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all materials to be 21 1=1 0 submitted electronically in PDF format. *If located in the Bayshore/Gateway Triangle Redevelopment Area,Include an additional set of each submittal requirement ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • • Please contact the project manager to confirm the number of additional copies required. 7/18/2014 Page 10 of 13 S $J ler county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coiliergov.net (239)252-2400 FAX:(239)252-6358 Planners:indicate if the petition needs to be routed to the.foliowing additional reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: ❑ Emergency Management:Dan Summers;and/or Executive Director EMS:Artie Bay _ ❑ Conservancy of SWFL:Nichole Ryan Q Graphics:Mariam Ocheitree ❑ City of Naples:Robin Singer,Planning Director J Utilities Engineering:Kris Vanlengen ❑ Parks and Recreation:Vicky Ahmad ❑ immokalee Water/Sewer District: ❑ Other: ❑ School District(Residential Components):Amy Heartlock Communication Towers: EMosquito Control ❑ Collier County Airport Authority Naples Airport Authority Commercial Mining: 0 Impact Fees \"�'�ay x.R43`{ pt -a,a� # '�'C §Xt,]a:Y ggcv} x.._;e� 'CY i b��n'�Se'�C�eg-'!�t � 1 _Y1yy...Wt T S:��e"�,ty jh• �i: Pc; rM ^ vy V ..�,,: Y' 4�:+i +'. 4L `i ��l .•VST.. ISi ,`.,.»,M .ttil �'nYr C gagf V".F;: • All checks payable to:Board of County Commissioners �Y� i$Pre-Application Meeting:$500.00(to be credited towards the application fee if the application is flied within 9 months of pre-application meeting) iXConditional Use Application Fee:$4,000.00 o When filed with Rezone Petition:$1,500.00 o Additional fee for 5th and subsequent reviews:20%of original fee Fire Code Review Fee:$150.00 iI Comprehensive Planning Consistency Review:$300.00 ❑ Environmental Data Requirements-EIS Packet (submittal determined at pre-application meeting): $2,500.00 ❑ Listed or Protected Species survey review fee(when an EIS is not required):$1,000.00 ❑ Transportation Fee,if required: o Methodology Review Fee:$500.00 o Minor Study Review Fee:$750.00 o Major Study Review Fee:$1,500.00 ig Estimated Legal Advertising Fee for the Hearing Examiner or CCPC:$925.00 IX Estimated Legal Advertising Fee for the BZA,if required:$500.00 The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Division/Planning and Regulation ATTN:Business Center 2800 North Horseshoe Drive Naples,FL 34104 A p ica t SignatureDate • 7/18/2014 Page 11 of 13 Ili AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL 2014.1336 . I, DR,VOLOOYMYR 8MERYK (print name),as. CHANCELLOR (title,if I applicable)of THE DIOCESE OF VENICE IN FLORIDA,INo, (company,If a 1lcable),swear or affirm ; under oath,that I am the(choose one)ownernapplicantJcontraet 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. 6. Well authorize ROBERT4.MULHERE,FAICP 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 arid be Identified as the "general partner"of the named partnership. 4111 • 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. .....-...e.,.._4i %% 2 yf 201 Signature Date DR.VOLODYMYR SMERYK, CHANCELLOR OF THE DIOCESE OF VENICE IN FLORIDA,INC, STATE OF FLORIDA COUNTY OF=UM -5ana-a.dt� The foregoing instrument was sworn to(or affirmed)and subscribed before me on 7 (date)by V r _r k. (name of person providinoath or affirmation),as 7 5, who Is personally known to me or who has produced (type of identification)as identification, Z ikos�C�..� STAMP/BEAL Signature of N ry Public .h.. 0”919.G, BEVERLY L.KONt,,,_ ,,,••A"���",,,,,, "'t.% Notary Public•State of KAida i, o :My Comm.Expires Dec 15 2017 :'Py,,-t -A, Commission#FF 0t•"i '''f 8lIaos Bonded Through National Nth al y as;.. . IIICAROB-CCA-00115\i55 REV 3/24/14 — I uaiv3/2014 10:38 TEL 92642098 H M LAND DEVELOPMENT ra 001/004 • Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ NAPLES, NORTH HORSESHOE DRIVE PLANNING AND REGULATION FFAIDAX (2 9) (239)252-2400 I�A)C tZ39j 252-5724 WWW.COLLIERGOV,-LT ADbRESSING CHECKLIST Please complete the following end fax to the OPeratiOns Department at 239.262.5724 or submit In person to the Addressing Department at the above address, Form Must be algned by Addressi_sQpnel crier to ores annlinn ion nq piaase attow 3 anus fcr nrQee Inn. Not DO items will apply to every project. Items in bold typo are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review end approval by the Addressing Department. PETITION TYPt;(indicate type below,complete a separate Addressing Checklist for each Petition typo) 6t.(Blasting Permit) SDP(Site Development Plan) L[�J 80 (OmDock Extension) SDPA ❑ Carnival/Circus Permit A(SDP Amendment) Q CU(ConditbuPermit e) SON(Insubstantial Change to SOP) U SIP(Site Improvement Plan) 0 EXP(Excavation Permit) Q FP(Final plat SIN(Insubstantial Change to SIP) ❑ LLA(Lot Lila Adjustment) SNR(Street Name Change) ❑ LNC(Project ore Cange) ❑ SNC(Street Name Change--Unplatted) VAR(Trencfar of Development Rights) IOU PPL,(Plans&Plat Review) • PSP(Preliminary Subdivision Plat) ❑ VA(Varian e} PUD Rezone VRP(Vegetation Removal Permit) RZ(Standard Rezone) ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ OTHER LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may by attached) Section 18, Township SOS, Range 26E, Lely Tropical Estates Unit 1 FOLIO(Properly ID)NUMBER(s)or above (attach to,or associate with,legal description if more than one) 55451000002 STREET ADDRESS or ADDRESSES(es applicable,if already assigned) • LOCATION MAP must be atteched showing exact location of project/site in relation to nearest public road right. of-way • SURVEY(copy -needed only for unpietted properties) PROPOSED PROJECT NAME Of app/iceblc) St. Peter the Apostle Catholic Church(existing) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) • SDP or AR orPL* 08/03/2014 10:39 TEL 82542088 N M LANO DEVELOPMENT ti 002/004 Ca er Dun S COLLIER COUNTY GOVERNMENT 280D NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)2522400 FAX (239)2624724 mitliV,C9LLIERgOVJ T Project or development names proposed for,or already appearing irt,condominium documents(If application: indicate whether proposed or existing) Please Check One: LJ Checklist Is to be Faxed bdok ❑ Personally Picked Up APPLICANT NAME: HOLE MONTES, INC./EOR MULHERE, EAICP/STEPHANIE KAROL PHONE 239`2542018FAX 239-254-2099 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and Is subject to further review by the Operations Department. • FOR STAI=P USE ONLY ,/ `1�,�}� FLN Number(Primary):,, 15 too o 0 Folio Number . . _ Folio Number Fo1Io Number Approved by: Du to: ♦ r 1 —( Updated by; Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED i CD eY Connty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX;(239)252-6358 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE LDC Section 10.08.00&Code of Laws section 2-83—2-90 Chapter 3 C.1 of the Administrative Code PETITION NO (PL) PROJECT NAME To be completed by staff DATE PROCESSED ❑A CONDITIONAL USE TO BE HEARD BY THE PLANNING COMMISSION AND BOARD OF ZONING APPEALS ❑A MINOR CONDITIONAL USE TO BE HEARD BY THE OFFICE OF THE HEARING EXAMINER APPLICANT CONTACT INFORMATION Name of Applicant(s): ' 5r Address: City: State: ZIP: • Telephone: Cell: Fax: E-Mail Address: Name of Agent: Firm: Address: City: State: ZIP: Telephone: Cell: Fax: E-Mail Address: • BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS.GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 6/3/2014 Page 1 of 13 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliereov.net (239)252-2400 Pre-Application Meeting Notes Petition Type: Pt\OZ. •A Date and Time: —7. LD. 3:0=, Assigned Planner:,�[( Project Information Project Name: ST:Ftqrga CL ` • PL#: �- _ —2 Property ID#: �,.���; ter..,; Current Zoning: 1R..30 f� Project Address: 4 City:APE PE Stater Zipi4U2- Applicant: tZe-lif,,rrX ' MC�} ` eP 1r Agent Name: _,�� Phone: 064.7c" . Agent/Firm Address: City: State: Zip: Property Owner: Please provide the following,if applicable: I. Total Acreage: ii. Proposed#of Residential Units: fAv iii. Proposed Commercial Square Footage: iv. For Amendments,indicate the original petition number: Cep. C:10'414 v. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: ip MD. 90.4 vi. If the project is within a Plat, provide the name and AR#/PL#: • 9ntnty • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Meeting Notes 00nAr 614141-0(j. 7 o ajapc -`- L-e-1 w i` -t 664%A, fit Eint%.p71A11/A - /D/ ai 1 t bdited, S n vi. sof • sn . ;Cy(Zcc,,�f- %' clr' not 'v/s (_, , to-hr / :' ,iid U f- y` . ? i2o' ' RLQ' . �`� e y1� (. n r ect c- Y-1.1 1 `� +(i j--� GYI-�-d.,. `v P Zl,L) if? vs G w+l� �k v��jw�• Yrr� w;�� r,r�.1 Qat . Pia ' .1-14,\J ssL-rrA-r '`'c 1�:e.. 4- N4R ZA--r k11E C-o A/=1 C?M 6 Tib W 1 Ll. 3� Nv A-15b 1 T t D p Aunt.. IIICOLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coiilergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: ❑A Conditional Use to be heard by the Planning Commission and Board of Zoning Appeals ❑A Minor Conditional Use to be heard by the Office of the Hearing Examiner Chapter 3 C.1.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 U Of Not Required Copies Required Completed Application(download current form from County website) ❑ !►4i ❑ Cover letter briefly explaining the project ❑ 5 C Pre Application Notes 1 I. ❑ Affidavit of Authorizationsigned and notarized 2 P‘i, ❑ Completed Addressin: Checklist 1 v.1 0 Warranty Deed(s) 3 0 Boundary Survey 3 t. 0 Conceptual Site Plan 24"X 36" plus(one 8 X X 11 copy) ❑ o:411 ❑ • Pians showing proposed location for utilities,if required ❑ ;J10 Plans for screening and buffering the use with reference as to type,dimensions, and character,if required ❑ QD ❑ Plans showing the proposed landscaping and provisions for trees protected by [ County regulations,if required ❑ [ ❑ Plans showing the proposed signs and lighting,including type,dimensions,and character,If required ❑ ❑ CI Architectural Rendering of Proposed Structure(s),if applicable 4 0 0 Current aerial photographs(available from Property Appraiser)with project 5 ❑ boundary and,if vegetated,FLUCFCS Codes with legend included on aerial. Statement of utility provisions(with all required attachments&sketches) 1 Environmental Data Requirements,pursuant to LDC section 3.08.00 3 fie ❑ Environmental Data Requirements collated into a single Environmental Impact Statement(EIS)at time of public hearings. Coordinate with project planner at time ❑ [V 0 of public hearing. Listed Species Survey;less than 12 months old. Include copies of previous surveys. 2 Traffic Impact Study(TIS)or waiver 7 ��� Historical and Archeological Survey,or waiver 4 ❑ 0 Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all materials to be 1 0 ❑ submitted electronically In PDF format. *If located in the Bayshore/Gateway Triangle Redevelopment Area,include an additional set of each submittal requirement ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materss electronically to the designated project manager. Ill • Please contact the project manager to confirm the number of additional copies required. ,i`i-(,/vr 7" 1/ hem , 6/3/2014 ��W ��'+� L7i fes„,o/ Page 10 of 13 $$ 9uMtY COWER 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 additional reviewers: 1--1 Bayshore/Gateway Triangle Redevelopment: ❑ Emergency Management:Dan Summers;and/or Executive Director EMS:Artie Bay ❑ Conservancy of SWFL:Nlchole Ryan AI Graphics:Mariam Ocheitree D City of Naples:Robin Singer, Planning Director Utilities Engineering:Kris VanLengen ❑ Parks and Recreation:Vicky Ahmad immokalee Water/Sewer District: _ ❑ Other: 1---1 School District(Residential Components):Amy Heartiock Communication Towers: ❑ Mosquito Control ❑ Collier County Airport Authority ❑ Naples Airport Authority Commercial Mining: ❑ Impact Fees FEE REQUIREMENTS All checks payable to:Board of County Commissioners ❑Pre-Application Meeting:$500.00(to be credited towards the application fee if the application is flied III within 9 months of pre-application meeting) ❑Conditional Use Application Fee:$4,000.00 o When flied with Rezone Petition:$1,500.00 o Additional fee for 5th and subsequent reviews:20%of original fee ❑ Comprehensive Planning Consistency Review:$300.00 ❑ Environmental Data Requirements-EIS Packet (submittal determined at pre-application meeting): $2,500.00 ❑ Listed or Protected Species survey revle /� fee(w an EiS is not required):$1,000.00,�e-Cirri.. ❑ Transportation Fee,if required: N4 �q(/ I o Methodology Review Fee:$50 .00 1 o Minor Study Review Fee:$750.00 o Major Study Review Fee:$1,500.00 ❑ Estimated Legal Advertising Fee for the Hearing Examiner or CCPC:$925.00 ❑ Estimated Legal Advertising Fee for the BZA,If required:$500.00 The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Division/PlannIng and Regulation ATTN:Business Center 2800 North Horseshoe Drive Naples,FL 34104 Applicant Signature Date III 6/3/2014 Page 11 of 13 Co�8Y County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Public Participation Requirements LDC Section 10.03.06 B.or C. Chapter 8 of the Administrative Code Notice for Minor Conditional Use Petitions Neighborhood Information Meeting(NIM) Requirements:Applicant must conduct a NIM at least 15 days prior to the Hearing Examiner's receipt of the staff report and application materials in accordance with the applicable sections of the Administrative Code. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. Mailed Notice:Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. Newspaper Advertisements:The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date,time, and location of the hearing; • Description of the proposed land uses;and • 2 in.x 3 in. map of the project location. Sign:A sign shall be posted at least 15 days before the advertised Hearing Examiner hearing date. Public Hearing for Minor Conditional Use Petitions Hearing Examiner:The Hearing Examiner shall hold at least 1 advertised public hearing. See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Notice for Conditional Use Petitions Neighborhood Information Meeting(NIM) Requirements:Applicant must conduct a MM at least 15 days prior to the advertised public hearing. The NIM shall be advertised and a mailed written notice shall be given to the property owners In the notification area at least 15 days prior to the NIM meeting. Mailed Notice:Written notice shall be sent to property owners in the notification area • at least 15 days before the advertised public hearing. 6/3/2014 Page 12 of 13 Co e, county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE S GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Newspaper Advertisements:The legal advertisement shall be published at least 15 days before the advertised public hearing in a newspaper of general circulation.The advertisement shall include at a minimum: • Date,time, and location of the hearing; • Description of the proposed land uses;and • 2 in.x 3 in. map of the project location. Sign:A sign shall be posted at least 15 days before the advertised public hearing date date. Public Hearing for Conditional Use Petitions Environmental Advisory Committee(EAC):The EAC shall hold at least 1 advertised public hearing,if required. Collier County Planning Commission(CCPC): The CCPC shall hold at least 1 public hearing. Board of Zoning Appeals(BZA): The BZA shall hold at least 1 advertised public hearing. • 6/3/2014 Page 13 of 13 • Pre-Application Meeting Sign-In Sheet PL#: 2aI4.C2i Collier County Contact Information: Name Review Discipline Phone Email avid Anthony Environmental Review 252-2497 davidanthony@colliergov.net mmer Araque Environmental Review 252-6290 summerbrownaraque@colllergov.net Alison Bradford,P.E. Engineering Services 252-6820 atisonbradford@colliergov.net ❑ Mark Burtchin •ROW Permitting 252-5165 markburtchin@colilergov.net ❑ George Cascio Utility Billing 252-5543 georgecascio@colllergov.net X Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heldiashton@colliergov.net ❑ Kay Deselem,AICP Zoning Services 252-2931 kaydeselem@colliergov.net ❑ Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@colliergov.net ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michaelgibbons@colliergov.net O Nancy Gundlach,AICP,PLA Zoning Services 252-2484 nancygundlach@colliergov.net ❑ John Houldsworth Engineering Services 252-5757 Johnhouldsworth@colllergov.net EM' Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net ❑ Reed Jarvi,P.E. Transportation Planning 252-5849 reedJarvi@colliergov.net ❑ Stephen Lenberger Environmental Review _ 252-2915 stevelenberger@colliergov.net ❑ Paulo Martins Utilities 252-4285 paulomartins@coiliergov.net • 0 Jack McKenna, P.E. Engineering Services 252-2911 jackmckenna@colliergov.net ❑ Matt McLean,P.E. Principal Project Manager 252-8279 matthewmciean@colliergov.net o Gilbert Moncivalz Utility Impact Fees 252-4215 gilbertmoncivaiz@colliergov.net ❑ Michele Mosca,AICP Comprehensive Planning 252-2466 michelemosca@colliergov.net _ ❑ Annis Moxam Addressing 252-5519 annismoxam@colliergov.net El Mariam Ocheltree Graphics 252-2315 mariamocheltree@colliergov.net ❑ Brandy Otero Transit 252-5859 brandyotero@colliergov.net John Podczerwinsky Transportation Planning 252-5890 Johnpodczerwinsky@colliergov.net ❑ Brandi Pollard Utility Impact fees 252-6237 brandipoilard@colliergov.net Cl Fred Reischl,AICP Zoning Services 252-4211 fredreischl@colliergov.net ❑ Stacy Revay Transportation Pathways 252-5677 stacyrevay@coiliergov.net ❑ Brett Rosenblum,P.E. Utility Plan Review 252-2905 _ brettrosenbium@colliergov.net _ Michael Sawyer Zoning Services 252-2926 michaelsawyer@colliergov.net ❑ Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net ❑ Chris Scott Planning and Zoning 252-2460 chrisscott@colllergov.net ❑ Daniel Smith,AICP Landscape Review 252-4312 danielsmith@colliergov.net O Scott Stone Assistant County Attorney 252-8400 scottstone@colliergov.net x Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net ❑ Carolina Valera Comprehensive Planning 252-8498 caroiinavalera@coiliergov.net ❑ Kris VanLengen Utility Planning 252-5366 krisvanleneen@coiliergov.net 0 ❑ Jon Walsh Building Review 252-2962 Jonathonwalsh@colliergov.net O David Weeks,AICP Future Land Use Consistency 252-2306 davidweeks@colliergov.net O Kirsten Wilkie Planning and Zoning 252-5518 kirstenwilkie@colliergov.net Name Representing Phone Email • PaL440,L L'Th P ? (Me_. 1-444:"~2"i 7� ar _evlicIta ('tK ')O/.14-A0 lam" -k`e'rc Y 2fiu _res ( /4 'gSMv--fL fje J f? 6 t 771 �lJ�J7 19t�/ir.`r/s� ' : 4-� r 0,c k. Q CM nv.-k-ft '► }�:^ ? -So-4 853 "..6b0 Ne-Pte �A. Rtv. &l-A(1 Cri _- 5-t. Chi ,6-0-11)1 -f .rcn. o/, oi-- �++� MAS7,eof3 :P7o l'AGLSG2 Cn f Vft-P Reexa) ,761)145- 2aR reTn�Geary VP-7 • *** 3971385 OR: 4181 PG: 2675 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL • 02/09/2007 At 11:41AH DWIGHT E. BROCK, CLERK Retn: RDC FEB 10.00 THIS INSTRUMENT PREPARED BY FEDDRICE A HIGEAK JR ESQ AND RETURN TO: Joseph A.DiVito,Esquire PO BOX 40870 DiVito&Bighorn,P.A. ST PETERSBURG IL 33743 0870 1 4514 Central Avenue St.Petersburg,FL 33711 I AFFIDAVIT OF SUCCESSION FOR FRANK J.DEWANE, AS BISHOP OF THE DIOCESE OF VENICE, A CORPORATION SOLE STATE OF FLORIDA COUNTY OF SARASOTA BEFORER CQ ME,the undersi -r' ,per n.t,L •,, cored,VOLODYMYR SMERYK, Chancellor of the Diocese of Ve ' •, 7'`• ,after being duly »: e • and sworn,deposes and states upon oath that: 1. The Most Re'ere d John e ns :• Bish•• o the Diocese of Venice, a III Corporation Sole,was duly . d p .p 1 ' • •+ . •.1171 'Top •f the Diocese of Venice on October 25, 1984. H 2. On January 19,6I 7, e Most 'evere Fr. . J. r " e,as Bishop of the Diocese of Venice, a Corporation So _ 1,,accordance with t: .on d the appropriate rules and regulations of the Roman Catho ,f,. •urch,succeeded ` - ,'~d John I.Nevins,as Bishop of the Diocese of Venice,a Corpora .n .1e,as the second B :.()V,fthe Diocese of Venice. ;.. �•7 IE CI-C,�� �' OLOD ` ' SMERYK, Chancellor r r • ,' !) . , 4 •• • a I . SWORN TO and SUBSCRIBED before me this Zq ,day of TT,v✓pray ,2007 by VOLODYMYR SMERYK,Chancellor of the Diocese of Venice,who is personally known to me. B, (NOTARIAL SEAL) if!)�ARY PUBLIC nt Name: i4-iv�� C. �ic.kk—'/ JEANNE C.HICKEY My Commission expires:0.4:i /5-, Loos' Notary Public,State of Florida II) My comm,expires July 15,2008 C:mm,No,00324624 Bonded Tbru RU intLrercc Cca pany/Surely Division low ,. i • 2456740 OR: 2530 PG: 1544 lobe ii uncut nom at mum N1IVT, n 11/1111111 at II:tiM ISIi7f I. MCI, MU nC 111 11,11 • 00C•,11 .TI 1111: nu IWU?It IL ?ICI II Pucci to Number. 55451000002 Omar II 707: CORRECTIVE Warranty Deed Tibia Indenture, Made lids�� day of Mg R C LI ,15199 A.D., Between LELY DEVELOPMENT CORPORATION, a corporation exialing under the laws of the state of Texas,and authorized to do business In the Slate of Florida, of the county of Collier state or Florida , grantor, and JOHN 3.NEVINS AS BISHOP OF THE DIOCESE OF VENICE,ACORPORATION SOLE, raise address is:Post Office Box 2006,Venice,Florida 34284.2006 or the cowry or Sarasota , saw or Florida , grantee. Wltneaseth that the GRANTOR.fur and in cenatdonnun of the sine of TEN&NO1100($10.00) DOLLARS, and other good and valuable consideration W GRANTOR In hand paid by GRANTEE. Jw swept whereof it hurehy altw,wl,dged.hat grated. bargained and told hi the mid GRANTEE: and GRANTEE'S heti and attaint Immo.the tolk.w,ne dswntsd Lad.vomit lying and being en Jw Coumy of Collier G(arida t,as SEE EXHIBIT "A" ATTACHED r• i' ,a Jai.4.s. a#. A PART HEREOF CGP T iii). Subject to restrictio. - aaeenta of record. III it C) 1: xE-4 l '4' e 11"11111"; If This corrective deed • •ing recordo C9'root the mailing address of the Grantee and to 0' , reference Au paid taxes. 7/E CII-Ci‘) and ie g Q wa a hereby Billy MUM(the title to tail hind.and will defend the mance against lawful clams rat all{lemons whomsoever In Wi' ereof, die grantor ham heroism tit hu band and seal the day and year net Otos seem. S „•. a/eliv ' . IA ur press ��• LELY DEVELOPMENT CORP TION aiy. .1 :� .r •sBy: _ 1Setb Print • Name: :411Y15.- ;]t��Ial fps 7. •-_, 8e.presage Wi P.O.Atom., 8825 Tarniami Trail East,Naples.FL t11 I3 Printed ams: t/4'r 4 1 R' /mea L -- Witness STATE OF FLORIDA (Corporate scaly • COUNTY OF COLLIER ,g /4e A l ne fongolag hnaament an acknowledged before m 0u �t�J day of �fi� �i! , 19 9 y by Luke&Lange.President of LELY DEVELOPMENT CORPORATION, a Texas Curpunttm. on behalf of the eatperaaon.He Is psrwuway known t,me. III 7fib Doea,nra PIapted By l :/ , 1! Sabo P.arday.Esq. a' 1,t/:, a l. t. r< /',�: veoA,STANLEY,7.1uMAN a HANLON,P.A. Printed Natter: e I-1 r! t•4, We Almost Road aqui NOTARY PUBLIC MY gleMsaSS^: ••t'e1a4a WRVS Narks.FL 34112 My Cnnemtwuon 6apttas '( lite i:,tggA ilml wa13ff1a Nnht wlAO *** OR: 2530 PG: 1545 t** Exhibit "A" I.egul Description Being purl of I.ely Tropical Estates l init One, Block 18, t'ittt Book 8, Page 50, ('oilier('aunty,Florida. All that part of Section 18,Township 50 South, Range 26 East,Collier('ottttty, Florida, being more particularly described us follows; Beginning at the Southeast corner of 1.ely'Tropical Estates I)nit One, Block 18, Plat Book 8, Page 50 of the public records of Collier County, Florida. Thence South 8992'18"West 30.00 feet along the north right-of-way line of Rattlesnake hammock Road(S.R.5-864),A 100.00 Riot right-of-way; '!'hence leaving the said north right-of-way line North 00'58'15" West 640.00 feet; 'Thence South 89°32'18"West 241.36 feet to the easterly boundary of Block 12 of the said Lely Tropical Estates Unit one; Thence along the said easterly bout �t jft aC 1�1 A'} owing Two(2)described courses; 41[1,14 1) North 00"27'42" West 35..) •t; 2) 103.92 feet along the are ,t'a tti '• • lar • ve cu •av to the west having a radius of 280.00 feet th ug u centr n of 2 " 5'S.1" nd ring subtended by a chord which bears Nor , 1 . 1'•• ' ' • 'i- a Thence leaving the said eu Ier1 •unt rY o B t r� r.9 01' 5" Etta 286.32 feet theEast of the Soul %' lam' ,' ; [—t luline �. Thence along the said East a ,f the Southwest 1. uth 0"5 East 1101.08 feet to the Point of Beginning of 111, 1.„ 'a)herein describe( Subject to casements and result. t• -record. �.� C OntaIning 3.31 acres more or les .� .��. Bearings are based on the said North r �� ('n r• Rattlesnake I luaunock Road being South 89'132'18"West. Professional Surveyor and Mapper By: .c C ' Dale 12-13-98 Roger I.('utter,PSM. 1.5115702 Ref. 98-0127-451 Not valid unless embossed with the Professional's seal. 1:\98-0127 St.Peter's(:hutch\l.egat Deseriptiun-parcct IB.duct.ast saved by Kugel'G.Curter 3050 NUtkTIl IIOKSt?S1tOI?t)IRVE SLIM'.270,NAPLES Fl.. 34104.(941)649-1509 EVALUATION CRITERIA • ST.PETER THE APOSTLE CATHOLIC CHURCH CONDITIONAL USE a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the future land use element. This is a request to allow a conditional use (Churches) on a±3.31-acre parcel zoned A- Rural Agricultural as part of/in conjunction with the existing St. Peter's Catholic Church PUD (±9.96 acres), located immediately to the south of the subject parcel. The only access to the subject site is through the church property. St. Peter's Catholic Church PUD is developed with a church, church office, parish hall, and columbarium. The conditional use request is to allow an interim use of additional grass parking for the church, with an ultimate use of a rectory building. Parking on-site meets current code requirements (3 for each 7 seats in chapel or assembly area), providing 504 spaces for an 1,176 seat church (1,176 seats - 7 = 168 x 3 = 504). Additional parking(134 spaces) is available at the church-owned property located across Rattlesnake Hammock Road, for a total of 638 spaces. A parking exemption was approved for that site in 2000 to allow off-site parking across a collector road. However, during season, parking demand increases substantially, leading to overflow of parking into the drainage swales and along Hawaii Blvd. The parish has grown 25 percent over the past year alone, and the parking situation will only worsen if additional parking • cannot be provided.Currently the rectory is located off-site,across Hawaii Blvd.from the church property. The requested conditional use approval is anticipated by the County's (FLUE), as community facility uses are permitted in the Urban designation. Institutional uses,such as churches, support and are complementary to other land uses, and churches are allowed either as a conditional use or a permitted use in all residential and commercial districts. The proposal is consistent with all applicable Goals, Objectives and Policies of the County's Growth Management Plan (GMP). The area is Urban designated, and has access to central water and sewer and all other urban public services. Clearly, the site is suitable for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic access, drainage, sewer, water and other utilities, and public services. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Ingress and egress to the property will be through the St. Peter's Catholic Church PUD. The church has one unrestricted access point onto Rattlesnake Hammock and a right-out only at the southwest corner of the site. There is also an unrestricted access point onto Hawaii Blvd. • 1 H:\1993\19930461CU\2nd Resubmit Evaluation Criteria Revised 2-11-2015.docx c. Describe the effect the conditional use will have on neighboring properties in relation to noise,glare,economic impact and odor. The conditional use will be in conjunction with the church use to the south. Properties to the north and west are zoned RSF-3,and to the east(across the canal)zoned MH. The interim use of grassed parking, to be used as overflow during peak season, will not have a negative impact on adjoining properties. The addition of the ultimate use of a rectory, a residential use, is also compatible with neighboring properties. Grass parking will be maintained on the majority of the site even after the rectory is built. The requested CU for these church-affiliated uses will not create a negative economic impact on neighboring properties. The LDC provides for buffering and landscaping to address compatibility with adjacent properties. These standards are applied in order to address any potential impacts from noise, glare,and odor. Any noise, glare, or odor is anticipated to be minimal, as this is an overflow, grassed parking area for a church.The project will provide the required 15-foot wide Type B buffers and a 6'high fence along the north and west, adjacent to Lely Villas and Palms of Lely. An additional 23', containing the stormwater management area, will separate Lely Villas on the west from the parking area, for a total of 38'. Along the east, adjacent to the canal, the applicant proposes an enhanced landscape buffer that will include a double, staggered hedge made up of minimum fifteen-gallon • plants (rather than code minimum 10-gallon), five feet in height, three feet on center (rather than four feet code minimum); a secondary, layering shrub 18-24" in height (not required by code); and native canopy trees, installed 25' on center and 18-20' high. At least 95' separate the church-owned property from the Riviera Colony Mobile Home Park across the canal.The 95' is made up of a 30'-wide county-owned property, the 30'-wide canal, and 35' within the church property before any parking spaces are proposed.A ten- foot wide asphalt path(the Rich King Memorial Greenway)meanders through the eastern portion of the subject site, and the landscape buffer here has been increased to 25' to accommodate the ten-foot wide path within the buffer. This enhanced Type B Landscape Buffer is being provided as an alternative to placing the code required wall or fence adjacent to the greenway. d. Describe the site's and the proposed uses compatibility with adjacent properties and other properties in the district. Please see the response to c.,above. e. Please provide any additional information which you may feel is relevant to this request. This request is to extend grass parking for the church into a church-owned vacant parcel. The existing church and its associated parking were considered to be compatible with adjacent residential uses, and any potential impacts of development on this site will be • mitigated by proposed buffers and setbacks. 2 H:\1993\1993046\C1l\2nd Resubmittal\Evaluation Criteria Revised 2-11-2015.docx • The church prepared a parking study for its internal use in 2013, which is being provided to the County as backup for this request.As shown in the report,at a peak Sunday service in February 2013,there were 719 cars in the two existing parking lots, along the right-of- way on Hawaii Blvd, and within the drainage swales on the church property.The church has 638 approved spaces, between those on site and across the street at the Ministry Center. The approval of this conditional use would add an estimated 150-200 parking spaces,which would accommodate current peak demands and anticipated future growth. The church expects continued strong growth. As their report indicates, the number of families in the parish increased 25 percent from 2013-2014.We performed an estimate of potential growth, based on the number of approved PUDs within a four-mile area, and project an additional 2,500-3,500 potential parishioners within this area as these dwelling units are built.This analysis,which includes a map,is also attached for your reference. Please also note that St. Peter the Apostle Catholic Church offers services in Creole, which none of the nearby churches do, and in Spanish, which only St. Elizabeth Seton also offers. All of these factors suggest that the church will continue to attract new parishioners. Without the approval of the conditional use to allow additional parking on-site,the unsafe parking conditions will continue to worsen,and surrounding neighborhoods will continue to be negatively affected. • 3 H:\1993\1993046\CU\2nd Resubmittal\Evaluation Criteria Revised 2-11-2015.docx • Estimate of Potential Parish Growth St.Peter the Apostle Catholic Church There are eleven Planned Unit Developments(PUDs)within a four-mile radius of St. Peter the Apostle Catholic Church that have units remaining(approved but unbuilt).These units total 14,345.However,it is our understanding that some of these,within the Lely Resort PUD,will never be constructed,leaving an estimated 9,677 dwelling units approved but not yet built. In order to convert these dwelling units into an estimate of projected population,we have multiplied the average household size(persons per household or pph)by the expected number of dwelling units. Per the 2010 U.S.Census,the county-wide average household size is 2.38.If all remaining units are built (14,345 du's),the estimated population increase within the four-mile radius would be 34,141.If only a portion(9,677 du's)are constructed,approximately 23,031 new residents are expected. The average household size for the County as a whole is 2.38; however,for this area of the County (based on Census Tracts located within the four-mile area),the average household size in 2010 was 2.18. Of course,it may not be that future units will be occupied at the same rate as in the past; however, given this pph,expected population growth would be 31,272(14,345 du's)or 21,096(9,677 du's). • In order to estimate how many of these new residents might be Catholic,we applied the current percentage of the population who are Catholic to these projections.This percentage(11.1%)is based on statistics prepared by Diocese of Venice in April 2014.These estimates range from a low of 2,342 to a high of 3,790. • Page 1 Estimate of Potential Parish Growth IIISt. Peter the Apostle Catholic Church Active PUDs with Unbuilt Residential Units Total Total Total Within 4 miles Approved Developed Unbuilt Hacienda Lakes 1,760 - 1,760 Lands End Preserve 725 81 644 Lely Resort* 10,150 3,926 6,224 Rockedge 400 - 400 Sabal Bay(Isles of Collier) 1,999 - 1,999 Shadowwood 574 104 470 Sierra Meadows 300 i 72 228 Vincentian(pending approval) 224 224 Wentworth Estates(Treviso Bay) 1,450 214 1,236 Willow Run 590 - 590 Winding Cypress 2,300 1,730 570 TOTAL 20,472 6,127 14,345 *It is estimated that Lely will not construct all the remaining,approved units. Perhaps 75%of remaining units will not be constructed: (4,668) TOTAL-Adjusted 9,677 • Source:Collier County PUD Master List Dated 11/25/14 • Page 2 i 110 Estimate of Potential Parish Growth St.Peter the Apostle Catholic Church Estimate of Parish Growth,based on Estimate of Parish Growth,based on PUDs within 4 miles PUDs within 4 miles Unbuilt Dwelling Units Unbuilt Dwelling Units (adjusted) 9,677 (adjusted) 9,677 Avg.Household Size Avg. Household Size (County) 2.38 (Census Tracts) 2.18 Total Persons 23,031 Total Persons 21,096 Estimate of Catholicx Estimate of Catholic e; Parishioners 44:: Parishioners Estimate of Parish Growth,based on Estimate of Parish Growth,based on PUDs within 4 miles PUDs within 4 miles Unbuilt Dwelling Units Unbuilt Dwelling Units (unadjusted) 14,345 (unadjusted) 14,345 SAvg.Household Size Avg.Household Size (County) 2.38 (Census Tracts) 2.18 Total Persons 34,141 Total Persons 31,272 Estimate of Catholic Estimate of Catholic Parishioners xC ; Parishioners Source:Calculations based on U.S.Census Bureau,2010 Census,and Diocese of Venice estimate of Catholic population dated April 2014. • Page 3 ■ I 1 w .,. St IEizatetth w. Semi 0 1 i II tt:. EC: m..- >I frT „- , . I G A TE Ili *-- or ...._.j....imairiml. , -. 1, '`°„ rte. I\ .fur 'SIM mo, ciernr. 1\ ' i Cri".m 1; ..-.:-.,1 .4pP,,, i '5''..P4 a. ii .r., ''' rll4ifi11l1ib. 1 _ ice-- 14;� . ,, Tkl_ Q+\ Ann ll'',0, —... _ .. -rf•-:--- -- ....,..„ ..147.'-. ..., 0 , „,,....„, ,01_, � irsa I' ro mnm aue 9III OF \ , .Mrs ��� I _ r.r.- ..,'\,,,, ,,..... _ 1.7,ii,._ . •s,rage ..... .0,.. , Siiii 1 Zlig apa A • .. ..�„ ..�.A� A- i1, .Wraw p41[, N i; Gulf of Ate,. Fu, rr I Mexico 4 d'_li 5a i IS 1, , 1 / A ---\ . - __ 1 -.-- -:'-'' 2 1 7:A: z a \I Ii: tN .� V ig NM SWIM 11111111.. 50OM MI 00 PLANNED UNIT DEVEOPMENTS SCALE IN FEET •A ANTICIPATED GROWTH WITHIN 4 MILES . s $ CHECKED eY: WPQECT N. ple Encore Way 110 St. Peter the Apostle Pu. '9"°� Naples, FL. 341 10 OpANRI BY: CAD FILE NAME: Phone: (239) 254-2000 A. 93046_RAOII HOLE MO Florida Certificate of Catholic Church OATS: EXHIBIT-nEM MEM PIANOS SORYE S Authorization No.1772 12/14 1 of 1 i Parking Issues at 6L: egr 114 Catholic Church i • Parking at St. Peter the Apostle Catholic Church— The in-season weekend Mass Schedule of 9 Masses; 2 Saturday vigil Masses, 7 Sunday Masses makes St Peter's one of the largest parishes in the state of Florida. Masses are held in English, Spanish and Creole.On Easter Sunday 2 Masses are held simultaneously at 8 am and 10 am; one in English and one in Spanish. The current growth rate that this part of Collier County is experiencing makes St. Peter's parking situation an extreme challenge. Overflowing parking needs at the most popular Mass times requires St.Peter's to hire Law Enforcement to assist with ingress and egress from the parking areas. Despite this expense and precaution there is clearly not enough parking on the current campus. Original Design of St Peter Original Design Feb 23,2013 Feb 24, 2013 330 PM 10:00 AM Church Attendance 1,350 1,371 1,539 Parked Cars 565 646 719 Passengers/Car 2.40 2.12 2.14 • Knowing that the parish has grown to more than 7,000 families from 5,600 in 2013,when the parking study was first presented the expectation is for increasing pressure on our parking areas to continue. To illustrate the issue please consider the following photo's from in-season last year. On-street parking on Hawaii Blvd causes neighborhood congestion: n • rlifis r r . • yah '%Qr _ ��4 i x ,i. y 13 Cly, •.- i . w M `y Tool f -,-:,-,,-.,,,i;,. i&' x ... .t, a i -I,+�i3 p its M I ..414 ,4 4 _ l 1 F, r1 a __ _ ' r rz1. i .irir r r_ IN Jy..wr }` rt f 't �' �' .psi ' .,f �: Fi , •� cd a,. 41/ }� _... _� to �� . qt '1 4�rt tai f*' q� - :- #4 - z Iif , 1 Y 'r r t 1 + All available space on site including street parking 4110 3 Hawaii Blvd.—Residential neighborhood upset with on-street parking • • _ 3 rit r sr -aM � Carsp arked on both sides of the road • i9 w • 4 410 • OVERFLOW LOT--vehicles parked in all directions . ti - t llyy 4 91i7P 4 K t' 0fi, P 9 " , , 149 i• y' 4• 7r` 4 d / e , v0. + J `' e, fra ' :l)i g , fi -40 ,,�r7 • • lig ti tai .0 4 { ,.� II vcsalklsrV f ' _ _ti air • 5, "ast side of the Parish Hal!— • , . , :,,,,:. „ , „, Y Iwt- IMT ..„---- if., ."�s' 44. may: ...44040011111111111111111111111111111111111111111111k.'- I • :IS ', k "IIPt y tic 4441111/4. t-41. , \Il!! Nii .fix • Ministry Center full as well- I, i j • '40.14. l , ytfit f 1 r ' ' "ift illw 4• . ,..„.„, ,,, ,, •._. • . , . ,..i. ,,......, ,,,,, 4 i0 r. i , , . , ' .„ \ - M ' 11/4 ac• Sillk I.. --- 44.. e 1�' ", % 1. • isk.....,111111111 , ,:;gid• ' ' .iL` * rye I. I� ' ' +' f i 1" • '4 . '1 t* : 1 ,11 ' .a ;' t . - ity� 1n i 0 • ENVIRONMENTAL DATA ST.PETER the APOSTLE CATHOLIC CHURCH COLLIER COUNTY,FLORIDA 4111 Collier Environmental Consultants Inc. 3880 Estey Ave. Naples,Florida 34104 (239)263-2687 Fax(239)263-6616 • • Ent roductinre I f�nrt msa This report is an=court of a I istcd Species survey recently performed at St Peter Catholic Church. Required to meet county review requirements.Its purpose is to identify and describe key habitats and report any listed species using the site,that would be at risk due to possible future development actions.This survey and report are based on fieldwork performed during July 2014. Il Site Description The project site is located at 5130 Rattlesnake Hammock Road and consists of approximately 131 acres.The parcel is in Section 18,Township 50,Range 26,in Collier County. Two roads border this parcel,Rattlesnake Hammock Road to the south and Hawaii Blvd to the west. Single-family residences border the site and FPL easement borders the eastern property line.This is a small-vegetated area at the rear of an established parish. The dominant habitat type on this project site consists of disturbed cypress.The area has a sparse cypress canopy with some red maples,and a few royal and cabbage palms with a dense midstory and ground cover of exotics.The exotics present consist of Brazilian • pepper,Ivlelaleuca,Ear-leaf Acacia,air potato,wedelia,arrowhead vine and Java Plum. The following is how the acreage figures breakdown. 131 acres Cypress Disturbed 621D 1.19 acres Disturbed 740 The remaining acreage is a trail—FPL easement. 111 Listed Species Survey The required survey for a Listed Species Survey calls for a survey covering 100%of the site,at prescribed transect distances per site acreage. Since this site is disturbed and small the survey concentrated in the vegetated areas. Such a survey was conducted in July 2014.All possible species of plants and animals listed by state and federal agencies were noted. Concurrently,notes for FLUCCS mapping purposes were kept.The survey consisted primarily of stationary observation at given transect distance points. IV Results&Discussions Listed Flora For a Complete List Look at FLUCCS Plant List • • Epiphytic Plants Golden polypody Polypodium sp. Wild Pines Stift'-leaved Tillandsiafasiculata FDA/C Recurved T balbisiana FDA/T wired-leaved T. setacea FDA/T Listed Fauna Non Observed-Suspect Fox squirrel WILDLIFE SPECIES OBSERVED Common Name Species Status Amphibian &Reptiles: Brown anole Anolis sagrei Birds: • Dove-mourning .enaida macroura Brown Thrasher Toxostoma rufum Northern flicker Colantes auratus Flycatcher, great crested Myiarchus crinitus Crow,american Corvus brachyrhynchos Common grackle Quiscalus quiscula Bluejay Cvanocitta cristata Carolina wren Thryothorus ludovicianus Gray catbird Dumetella carolinensis Northern mockingbird Mimus polyulottos Cardinal Richmondena cardinalis Mammals: Raccoon Procyon lotor Nine-banded armadillo Dasypus novemcinctu • • Key Species Discussion Big Cypress Fox Squirrels Big Cypress Fox Squirrels are known to use similar habitat as those found onsite. Observations were keyed to searching for signs or calls of these animals,such as leaf nests in canopy trees or the distinctive chattering of territorial squirrels.No individuals were observed utilizing the site during this survey however the area is known to potentially sustain them. Gopher Tortoise No Gopher tortoise burrows were located/identified on site. Conclusions This parcel has some limiting factors for wildlife utilization.Two roads border the parcel and the parcel is located in the urban area. These obstacles limit any large mammal utilization and/or movements of the subject parcel. The only native habitat on site has a variety of exotics. These exotics also limit wildlife . utilization.This habitat does some provide cover for very small mammals and songbirds. Evidence of small mammal usage such as raccoons was evident.Armadillos digging were also evident.The site is somewhat limiter in its carrying capacity. The main vertebrates encountered were birds traversing the subject parcel and foraging on site. Our survey found no listed vertebrate species on this site.However,Fox squirrels are suspected to occur in this area. Some epiphytic plants such as a few Wild Pines were identified on site. Threatened,Endangered and Species of Special Concern Species Present Absent Black bear X Florida panther A Everglades mink x Big Cypress Fox squirrel (Suspected) indigo snake x American alligator x Gopher tortoise x Gopher Frog X S • Southeastern American kestrel x Red-Cockaded woodpecker x Florida Scrub Jay c Wood stork x Snail kite x Bald eagle x Lirnpkin x Osprey x White ibis x Tricolored heron x snowy egret x Reddish egret x Little blue heron x • • LOCATION MAP N NN. ,`,ir'r ' '71 `EI -7 moi . .- N 1 pi -14 :',4-4' icr;if � •i I. MilrI w VIII ilWI l ^'t 'Ilit. l..= r Rattlesnake � �I Ham �1 T" V\ 4pit. ..U.M.i. , _. a , 1 PARS( 4, _ J , ------ 1fZ"iiiii",'','„, '''. ' - : [ ' kosi.---.J 1.3..1L Ear fqi.6tf A =n I (N AVM ___ �k, x. !• i, : '- I wfugw":• r _I�a CauntrY • 4. - 4111M f _ T� LpgY W. •J!",I m ri t ®Golf Club P,. Tom_• ,iAs1 �w 1°' Am ii, .7:1!-!?,r. \, . Lely ry•ry '— Esrpia 21 \ .. i ,4_. Arl:14..'.. �.. 34993 IV4 ' ' '- -.- \-41110.1.5, '.' Irk -.1 lip 1 -C...--1 , m..„1:-z,s-:,... — — .- , 1 ''...\\*I • ..0.v,,, - y. • IIIIP 111%id • Kj--' iI CI rn 1111 1 • i �__ *. f 4 1 31 r — 1>L 'b AI .7771 --. . . . �. ._ . . 0 i .4,'+ $ — / # . BOAARD ff 4 P to es nk 73 > -a ■ ■ — �g m ' k r n > x — #4:$ ) k > CBCO ore ■ iv C § -I 1 2" k i 72 M •4 / k i Si; ;_ � 0 0§ i )§ � ..\\:\\,•x \ $■ t � '��� � . \\:\,... ���< � PO y . � -, &� , \ s i/ f§ CANAL ¥ � ���! \ CANAL §|l\ CO0, � — — - @ E ( To§ .. in [!m§A! § \ / e}C; i;q E; , p % � , \` 2§_,` aj§ . , i � % § Cij 0 i11I Ft . (::: 0�/ \ z . ` n 2 § ' n � �,!� m / | | | R ##A ; M e . tee— . 7 ___ • FLUCCS CODE AND VEGETATION INVENTORY FLUCCS CODE (Description) Common Name Scientific Name Indicator Status 111 Single Family Home 172 Church 621D Cypress-Disturbed 131 ac. This area would be considered disturbed.The area is vegetated with a Cypress canopy with a variety of exotics.There is a variety of exotics the main exotics present are Brazilian pepper,Ear-leaf Acacia and Java Plum.The area is lower in elevation than the surrounding area causing it to hold water. Cypress Taxodium spp. OBL Cp,C Pop ash Fraxinus caroliniana OBL Cp,O Strangler fig Ficus aurea FAC M,C Cabbage palm Sabal palmetto FAC M,C ederberry Sambucus canadensis FAC M,O Royal palm Roystonea regia FDA/E FACW M,G,O •' Bay Persea palustris OBL M,0 Sweet bay Magnolia virginiana FACW M,0 Carolina willow Salix caroliniana OBL M,C laurel oak Quercus laurifolia FACW M,0 Dahoon holly Ilex cassine OBL M,0 wax myrtle Myrica cerifera FAC+ M,0 Swamp fern Blechnum serrulatum FACW+ 0,0 Red maple Acer rubrum FAC Cp,D umbrella sedge Cyperus ligularis FACW G,0 Ragweed Ambrosia artemisiffolia FACU 0,0 Dog Fennel Eupatorium capillifolium FACU G,0 Guineagrass Panicum maximum FAC- G,C .Boston fern Nephrolepis spp FACU G,0 wild coffee Phsychotria nervosa UPL 0,0 Exotics Brazilian pepper Schinus terebinthifolius java plum Syzygium cumini Seaside mahoe Thespesia populnea Melaleuca Melaleuca quinquenervia Wedelia Wedelia trilobata 0 Dioscorea bulbifera Airat of o p Syngonium podophyllum arrowhead vine Ear leaf acacia Acacia auriculiformis 740 Disturbed 1.19 ac. This are is severely disturbed and has a county lift station adjacent to it. Ear leaf acacia Acacia auriculiformis Exotic M, D Guineagrass Panicum maximum FAC- G,C Brazilian pepper Schinus terebinthifolius Exotic M,D 816 Canal 8144 County Road ABREVIATIONS— Canopy(Cp),Midstory(M),Ground Cover(G) Dominant(D),Common(C),Occasional(0) INDICATOR STATUS- Obligate(OBL),Facultative wet plants(FACW), Facultative plants(FAC),Upland(UPL) • 1110 • ST PETER CATHOLIC CHURCH LAND MANAGEMENT PLAN Introduction The following outlines a management plan,for the preserve areas at the St Peter Catholic Church.This preserve consists of approximately.20 acres. The project site is located at 5130 Rattlesnake Hammock Road and consists of approximately 3.32 acres. The parcel is in Section 18,Township 50,Range 26,in Collier County. The following management plan is required as per GMP Policy 6.1.1 (6)and LDC Section 3.05.07-H.l.g. Preserve The applicant is proposing to preserve a created preserve.The total preserve area will total approximately.20 acres of created habitat. Since little to no native habitat will exists after clearing the area will be re-created.In addition,any and all exotics will be treated and/or removed.Exotic vegetation removal will increase the ecological value and overall esthetics of this preserve.The preserve will be maintained in its natural state and kept free of refuse and debris in perpetuity. • On-Site Management Plan Exotic vegetation removal and maintenance shall require that all Category I and H exotics be removed from the preserve.All exotics within the preserve will be physically removed,or cut to grade and the stump will be treated with an approved herbicide. All exotic vegetation will be poison with an approved herbicide(poison)and a tracer dye. Exotic control will be conducted on a yearly basis.This will be done under the supervision of an Environmental Professional. Environmental Professional Qualifications Marco A.Espinar Collier Environmental Consultants (hereinafter referred to CECI) 3880 Estey Ave. Naples,Florida 34104 (239)263-2687 Fax(239)263-6616 11111 • Owner Of Project Site St Peter Catholic Church 5130 Rattlesnake Hammock Road Naples,Florida 34109 Responsibility Of Preserve Responsibility for the criteria set forth will be that of St Peter Catholic Church. St Peter Catholic Church by this contract is employing the services of CECI to act as preserve manager on the owner's behalf. A Conservation Easement will be established and recorded in the public records of Collier County over all areas designated as preserve. CECI's responsibility as preserve manager is limited to the duties set forth herein and in the Conservation Easement. CECI's responsibility as preserve manger is only in effect for so long as this contract exists between CECI and the St Peter Catholic Church and has not been terminated by either party. Maintenance/Management Following the completion of the initial exotic removal effort,regular inspections of the preserve area will occur.Exotic plant control treatments will occur annually and/or frequently when required. During these inspections,the entire preserve area will be traversed by a qualified Biologist. Locations of all exotic vegetation species will be noted for immediate treatment.During construction a silt fence shall protect the preserve area. The silt fence will be placed along the outer perimeter of the preserve. The preserve will be maintained in a natural state and kept free of refuse and debris. Signage A sign denoting the preserve will be placed along the preserve boundary.The sign will be in compliance with Section 3.05.04 of the Land Development Code and 5.06.00 of the sign ordinance Habitat Management Plan All exotic vegetation will be poison with an approved herbicide(poison)and a tracer dye_ Exotic control will be conducted on a yearly basis and/or as needed.This will be done under the supervision of an Environmental Professional. Following the completion of the initial exotic removal effort,regular inspections of the preserve area will occur.Exotic plant control treatments will occur annually and/or as needed. During these inspections,the entire preserve area will be traversed by a qualified Biologist. Locations of all exotic vegetation species will be noted for immediate treatment.During construction a silt fence shall protect the preserve area.The silt fence 4110 will be placed along the outer perimeter of the preserve. The preserve will be maintained in a natural state and kept free of refuse and debris. • Supplemental Plantings will comply with Collier County Land Development Code and/or as approved on the Site Development Plan.(LDC 3.05.07 H 1.f) Since little to no native vegetation will exists on site the preserves will be created,thus requiring supplemental plantings. Supplemental plantings in all three strata will be required to restore the habitat to its natural condition. Plantings shall be added to preserve area where prior clearing or disturbance,or the removal of non-native vegetation and has created open areas with little or no native vegetation.Planting material shall be planted in a manner that mimics a natural community.Storm water will be discharged into the preserve. Compatible vegetation will be planted in the created preserve. Selection of species will be subject to commercial availability at the time of planting.All upland areas will be planted with,but not limited to the following: WETLAND Trees Cypress Taxodium ascendens Red maple Acre rubrun Dahoon holly Ilex cassine Pop ash Fraxinus caroliniana 1111Sweetbay Magnolia virginiana Red bay Persea borbonia Slash pine Pinus elliottii Cabbage palm Sabal palmetto 25%- 10 footers,50%-8 footers and 25%-6 footers approximately 20—30 feet on center Shrubs St.Johns wort Hypericum spp. Gallberry Ilex glabra Wax Myrtle Myrica cerifera buttonbush Cephalanthes occidentalis Leather fern Acrostichum danaeifolium A minimum of 7 gallon in size at approximately 10 foot on centers Ground Cover Red root Lanchnanthes caroliniana Sand cordgrass Spartina bakerii Fakahatchee grass Tripsacum dactyloides yellow-eyed grass Xyris spp. sawgrass Cladium jamimaicense • • Soft-stemed Bulrush Scirpus validus Wiregrass Aristida stricta A minimum of 1 gallon in size at approximately 3 foot on centers Monitoring Monitoring for Preserves Receiving Treated Storm water pursuant to the requirements of Section 3.05.07. The monitoring program shall include vegetation surveys and monitoring of ground and surface water levels. Reports shall include a Baseline followed by 5 annual monitoring reports. Prescribed Burning/Fire Management Fire Management pans include the removal of dead vegetation and/or periodical thinning of living vegetation,to improve forest health and mimic the natural effects of fire.An annual inspection during the monitoring report required shall document the coverage and types of vegetation to be cleared for fuel management,prior to clearing.Prior to clearing the area is to be surveyed for nests,cavities and/or burrows of any listed species that may be affected by the land management practices,no more than six months prior to clearing. Fire Management shall be consistent with wildlife management plans approved by Collier County. Fire and Fuel breaks within preserves will be kept to the minimum • necessary in accordance with standard forestry practice and shall count toward the minimum native vegetation retention requirement. Prescribed burning may be utilized as a maintenance tool to maintain vegetative communities and provide browse for vertebrates. • RESUME • Marco A.Espinar Bilingual: English&Spanish 3880 Estey Avenue Office: 239-263-2687 Naples,Fl 34104 Homc 239-263-2747 EDUCATION Cardinal Mooney High School Diploma 1980 Sarasota,Florida Manatee Junior College AA Degree 1982 Bradenton,Florida Biology University of South Florida BS Degree 1990 Tampa,Florida Biology Completed USF Cooperative Education Program April 1988 USF Undergraduate Research -USF 1985 Apalachicola Archaeological Expedition&Research -Lab Coordinator of Fauna Identification from Archeological Sites • -Studies of Seagrass Beds(Thalassia testudinum)in Upper Tampa Bay,Florida -Growth Rates of Marine Algae(Gracilaria tikvahiae, G. verrucosa, G. deblis) Port Manatee,Florida EMPLOYMENT HISTORY&EXPERIENCE Collier Environmental Consultants Inc. Owner&Environmental Planning/ Naples,Florida 2/96-Present Biologist Environmental Permitting,Planning Exotic Plant Removal/Poisoning Vegetation Inventory Mitigation Plantings Mitigation&Monitoring Plans Jurisdictional Determination Threatened and Endangered Species Survey Environmental Impact Statements Licensed Agent Gopher Tortoise Permitting, Red Cockaded Woodpecker Survey Testing,Relocation UMAM Analysis BP-Natural Resource Advisor- Deepwater Horizon MS Canyon 252 Oil Spill Gulfport,Mississippi-Dauphin Island,Alabama-Pensacola,Florida • Turrell&Associates,Inc. Senior Environmental Planner Naples,Florida 2/94- 12/95 Environmental Permitting,Planning Supervision of Staff Threatened and Endangered Species Survey Review Staff Reports Environmental Impact Statements South Florida Water Management District Environmental Analyst Fort Myers,Florida 2/93- 8/93 Dredge&Fill Permit Review Surface Water Permit Review Collier County Government,Development Services Environmental Specialist II Naples,Florida 10/90—2/93 Site Development Plan Compliance Landscape Inspections Planned Unit Development Compliance Environmental Enforcement Site Drainage Inspections • Southwest Florida Water Management District Field Services Technician Tampa,Florida 9/87— 10/90 As-Built Inspections of Storm Water System-Engineering, Survey Surface and Ground Water Permit Compliance Well Construction&Abandonment Inspections Southwest Florida Water Management District (CO-OP)Environmental Scientists 1 Brooksville,Florida 1/86-9/87 Wetland Vegetation Studies At Major Well Fields Water Quality Sampling&Testing PROFESSIONAL ASSOCIATIONS Southwest Florida Association of Environmental Professionals,Member Elected to First Governing Board and served 2 terms,served on Bylaws Committee Appointed by the Board of County Commissioners and Served on the Collier County Environmental Advisory Board Appointed by the Board of County Commissioners and Currently Serving on the Development Services Advisory Committee-Environmental Chair • Currently Serving on the Land Development Code Sub-Committee Appointed by the Board of County Commissioners and Served on Conservation Collier Land Acquisition Advisory Committee 6 years Served as Chairman of the Conservation Collier Lands Evaluation and Management Sub- Committee, Award for Ten(10)years of my Voluntary Service to Collier County By the Board of County Commissioners Awarded Outstanding Advisory Member Award-February 2009 by Collier County Board of County Commissioners Gopher Tortoise Management and Mitigation Professional Training Program Successful Completion 9/01 REFERENCES UPON REQUEST S 111 IHNII HOLE MONTES ENGINEERS•PLANNERS•SURVEYORS 950 Encore Way•Naples,Florida 34110•Phone 239.254.2000•Fax:239.254.2099 November 21,2014 Re St.Peter the Apostle Catholic Church Conditional Use(PL20140001335) HM File No.: 1993.046 Dear Property Owner: Please be advised that Robert J. Mulhere, FAICP, of Hole Montes, Inc. on behalf of the property owner, has made a formal application to Collier County. This application is for a Conditional Use Petition to allow for CU # 7 in the A District: Churches. The conditional use request would allow for parking for the church as an interim use, with a final use of church parking and a rectory. St. Peter the Apostle Catholic Church is located on the north side of Rattlesnake Hammock Road, approximately one-quarter mile east from the intersection of U.S. 41 East and Rattlesnake Hammock. The subject property is located directly north of the church, with access through the church property, and contains±3.31 acres. It is zoned A-Rural Agricultural. • In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to hear a presentation about this Conditional Use request and ask questions. The Neighborhood Information Meeting will be held on Tuesday, December 9, 2014, at 6:00 p.m. at St. Peter the Apostle Catholic Church, Parish Hall, 5130 Rattlesnake Hammock Road,Naples,FL 34113. Should you have questions prior to the meeting,please feel free to contact me at 239-254-2000. Very truly yours, HOLE MONTES,INC. Robert J. Mulhere,FAICP Director of Planning RJM/sek S H:\1993\1993046\CU\NIM\NIM Letter(11-21-2014).docx Naples•Fort Myers AFFIDAVIT OF COMPLIANCE • I hereby certify that pursuant to Ordinance 2004-41, the Collier County Land Development Code, as amended, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the County to be notified. The said notice contained the laymen's description of the site property of proposed change and the date,time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance. (Signature of Applicant) ROBERT J.MULHERE, FAICP (Printed name of Applicant) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this 21St Day of November, 2014 by ROBERT J. MULHERE, FAICP, who is personally known to me or who has produced as identification. Signtaig, VOVI/j2 ature of Notary Public) (Notary Seal) Printed Name of Notary r""n STEPF1AIAEKAROI r MYCONNISSION#EE 163504 EXPIRES:March 9,2016 .• . 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Easy Peel®Labels ii ♦ i send along Rne to ;I CI AVERY®5160® 1 Use Avery®Template 5160® j Feed Paper expose Pop-up EdgeTM ji EEN,JON L GROSS,THOMAS F GUARCO,BARBARA MOULTON NACO TER 5 MAUI CIR UNIT 2 22 EAST ST#R ES,FL 34112-9101 NAPLES,FL 34112-3722 GRANBY,CT 06035-1002 HAGEDORN,BONNIE KENNEDY HAM,RAFAEL HANSEN,JOHN=&KATHIE KARL KENNEDY CLEARY 200 VALLEY STREAM DR#3R 6691 BREEZEWOOD ROAD 32781 COVENTRY CT NAPLES,FL 34113--4154 CONCORD TWP,OH 44077-0000 AVON LAKE,OH 44012--1573 HANSON,WILLIAM J=&PATRICIA HARMAS,DOUGLAS K=&KAREN S HARMAS,DOUGLAS K=&KAREN S 13 CANNES DR 3737 MOSS CREEK PL 6737 MOSS CREEK PL NAPLES,FL 34112---9120 INDIANAPOLIS,IN 46237-0000 INDIANAPOLIS,IN 46237-2878 HARMS,FRED HARRINGTON EST,JOSEPH E HARRINGTON TR,JOSEPH E 14 MAUI CIR 5021 CATALINA CT 5021 CATALINA COURT NAPLES,FL 34112--3722 NAPLES,FL 34112---6993 NAPLES,FL 34112-0000 HARRSCH JR,LOUIS HARTIGAN,DENNIS HARTIGAN,PATRICIA 2110 4TH ST APT 12 37 LANAI CIR 15 LANAI CIR0 TA MONICA,CA 90405-2342 NAPLES,FL 34112-6901 NAPLES,FL 34112-6946 HAUSER,MARY F HEMELT III,WILLIAM H=&JOAN L HENWOOD,SANDRA J 9563 JAMES ST APT B 4983 PEPPER CIR#H101 38 KING ST W#806 PHILA,PA 19114-3042 NAPLES,FL 34113-4139 STONEY CREEK,ON CANADA, L8G 1H6--0000 HILL FLORIDA TRUST HILL FLORIDA TRUST HLWW LLC 17 MONACO TER 17 MONACO TER 7958 FOUNDERS CIR NAPLES,FL 34112-0000 NAPLES,FL 34112-0000 NAPLES,FL 34104-5340 HOLLIS,RICHARD M=&CHERYL L HORNACK,CAROL J=&RICHARD H HUDSON,WILLIAM R 96 PINEHURST DR 395 BAYLAND RD 200 VALLEY STREAM DR APT 8R_ WAREHAM,MA 02571.-2990"A' FORT MYERS BEACH,FL 33931-3944 NAPLES,FL 34113--4155 IDONE EST,VINCENZA JACOBSEN FLORIDA LAND TRUST JANAKIEV,IVAN %GEORGE D LYON JR PR 4807 HAWAII BLVD HRISTINA JANAKIEVA 12 SAINT TROPEZ DR NAPLES,FL 34112--3731 4951 PEPPER CIR A 107 NAPLES,FL 34112-9119 NAPLES,FL 34113--0000 111 JENKINS,DELLINA JENKINS,JUDITH A JOHNSON,JIM=&LINDA 5 SAINT TROPEZ DR 300 VALLEY STREAM DR APT 8 19 MONACO TER NAPLES,FL 34112-9119 NAPLES,FL 34113--4111 NAPLES,FL 34112--9101 A -- - - - .. ...__-- --- ! i* Easy Peep Labels i ♦ Mina Bend along line to j Ate®5960® 11 Use Avery®Template 5160® Feed Paper �� ers" JOHNSON,SUSAN JOHNSON,WILLIAM A JPMORGAN CHASE BANK N A 8 CANNES DR MARGARET JANE JOHNSON CIO 3415 VISION DRIVE • NAPLES,FL 34112-9120 RR#1 7154 TALBET TRAIL ' COLUMBUS,OH 43219-0000 BLENHEIM,ON CANADA, NOP 1A0--0000 J K&R HOMETECH LLC KACER,LAWRENCE KACER,MARILYN 131 25TH STREET SW MARILYN KACER 15 MONACO TER NAPLES,FL 34117--0000 15 MONACO TER NAPLES,FL 34112-9101 NAPLES,FL 34112-9101 KANE,THOMAS W=&CATHERINE T KAZITORIS,PHYLLIS KENNEDY,GEORGIA 62 LANAI CIR BRIAN P MIRANDA 200 VALLEY STREAM DR APT 2R NAPLES,FL 34112-6909 25 HAWAII BLVD NAPLES,FL 34113-4154 NAPLES,FL 34112-6941 KETAY,ROBERTA=&VIJOLE KETAY,ROBERT/N.&VIJOLE KETAY,VIJOLE=&ROBERT RAYMOND=&CATHERINE KETAY 9 MONACO TER 6 MONACO TER 6 MONACO TER NAPLES,FL 34112-9101 NAPLES,FL 34112-9101 NAPLES,FL 34112-9101 KIMBALL,KEVIN KIRCHNER,RICHARD T KLUG EST,MARY WEBB PO BOX 990471 11 LANAI CIR WILLIAM JAMES KLUG III PR NAPLES,FL 34116-6065 NAPLES,FL 34112---6947 4257 32ND AVE SW NAPLES,FL 34116--8317 III . , KNIGHT III,WILLIAM HARRY KOTULA,RICHARD L=&JEANETTE A KRAPE, LINDA J SARAH KNIGHT 14613 MESQUITE DR 4983 PEPPER CIR APT 105H 52 HILO CT ORLAND PARK,IL 60467-7182 NAPLES,FL 34113-4139 NAPLES,FL 34112--6944 KROHA,MICHELLE KURTZ,THEORDORE H LAFORTUNE,HOREB 5004 CATALINA CT 4983 PEPPER CIR APT H201 MONISE LAFORTUNE NAPLES,FL 34112--6992 NAPLES,FL 34113---4139 5015 CATALINA CT NAPLES,FL 34112-6993 � I LAHEY,GARRY J=&JOYCE C LANGEL,RAYMOND L=&DOROTHY A LARIVIERE,CHRISTOPHER PAUL 267 102ND AVE NORTH 604 PLYMOUTH ST SE RUTH ROSE LARIVIERE NAPLES,FL 34108-0000 • LE MARS,IA 51031---3734 374 ABBE ROAD EXT SOUTH WINDSOR,CT 06074--1516 LAWRENCE,ROBERT LEHNHARD,PATRICIA M LESMEISTER,JOHN PO BOX 101 4987 PEPPER CIR APT 1031 BOX 130 ROCKWOOD,ME 04478--0101 NAPLES,FL 34113-4150 BEAUVAL,SK CANADA. SOM OGO---0000 • LEVINE-EPSTEIN,DALIA LI,YAN YING LINDQUIST,KARIN L 4987 PEPPER CIRCLE#204-I 5238 GILCHRIST ST 5225 WHITE WILLOW DR APT L230 NAPLES,FL 34113--0000 NAPLES,FL 34113---0000 FORT COLLINS,CO 80528---5035 tolliniffeithast fordo=it malar ll ileoliez a la hachure alio de 1, an t i. 11 Easy Peel®Labels I; ♦ ® Bend along ilrsa to I ® AVERY®5160 ; UseAvery®lemplate5160® Feape exposePop-up EdgeTM LOCK,GERARDINA C LONG,BONNIE LOPEZ,JACQUELINE ifkRICUS J LOCK3 LANAI CIR 21 LANAI CIR#21 NAI CIR NAPLES,FL 34112-6947 NAPLES,FL 34112-6946 LES,FL 34112---6946 � I LYON JR,GEORGE D MACCHERONE,SANTO JOSEPH MACGREGOR,DIANNE 12 SAINT TROPEZ DR LORRAINE ELLEN MACCHERONE PO BOX 64 NAPLES,FL 34112-9119 233 FRANKLINVILLE RD NAPLES,FL 34106--0000 SWEDESBORO,NJ 08085-3434 MAGERO,KEITH EDWARD MARTHA KOLB LIVING TRUST MARTIN,OCTAVIO=&AMPARO 5525 GREENWOOD CIR 32 GORDON RD 4 LANAI CIR I NAPLES,FL 34112-7113 VALLEY STREAM,NY 11581-2109 NAPLES,FL 34112-6947 MARY C SCIORTINO LIV TRUST MARY C SCIORTINO LIV TRUST MASSEY,JULIE CUNNINGHAM 4881 BERKELEY DR 4881 BERKELEY DR 2302A US HIGHWAY 26 NAPLES,FL 34112-3735 NAPLES,FL 34112-3735 LINGLE,WY 82223-8527 MASSEY,JULIE CUNNINGHAM MAX,TERESA M MC INNIS,ELAINE P 2302A US HIGHWAY 28 300 VALLEY STREAM DR APT 12 38 LANAI CIR LINGLE,WY 82223-8527 NAPLES.FL 34113-4112 NAPLES,FL 34112-6901 • MC LAUGHLIN JR,JAMES M MC NULTY,FREDERICK T=&EVELYN MC PEAK,HELENE S ALAN M MC LAUGHLIN 446 BELGRADE PL#203 100 VALLEY STREAM DR APT 303 4 DANAE CT WEST ROXBURY,MA 02132-0000 NAPLES,FL 34113-4134 HOLMDEL,NJ 07733--1629 MCCARTEN, ARLENE MEECE ET UX,CHARLES E MERENDINO,JOAN A 8 MONACO TER 251 NEIGHBORLY WAY 23 LANAI CIR NAPLES,FL 34112-9101 SOMERSET,KY 42503---9655 NAPLES,FL 34112-6946 MEUS,CLAIRE MILLER,KAROLYNN F VERGON MOJAVE TR,CAROL S 106 WILLOW CREEK LN LLOYD W MILLER CAROLS MOJAVE REV TRUST I NAPLES,FL 34113-7441 200 VALLEY STREAM DR APT 4 JEANNE ANN WENDLAND NAPLES,FL 34113-4110 2358 PINEWOODS CIR ' NAPLES,FL 34105--2540 MOLCHAN,KEVIN J=&EVONNE I MOLL,FREDERIK M=&NICOLE MOXAM,ROHAN C=&ANNIS H 46 LANAI CT 61 WAXWING CRESCENT 5014 CATALINA CT NAPLES,FL 34112-6905 GUELPH,ON NAPLES,FL 34112--6992 CANADA, Ni C 1 E3-0000 MULKERIN,JOHN J=&ANTRICE MULKERN, BARBARA S MURPHY ET AL,PATRICIA A 250 CAMP HORNE RD 4977 PEPPER CIR APT 206G 512 E 2ND AVE UNIT 103 PITTSBURGH,PA 15202-1647 NAPLES,FL 34113-4113 N WILDWOOD,NJ 08260--5962 [Biauettes fadles a Osler 1 -__ _ kmBez a la hachure afin de I, INWWAVIMACOM iI e IEasy Peelle Labels I' ♦ Bend along line to ® q ®5160® ;Use AveryTemplate5160® teed Paper expose Pop-up 6dgeTM A NAVARRO,JOAN M NAVIN,TIMOTHY M NEACE,LOUISE 456 WAYNE AVE 851 SAN MARCO RD STEPHANIE D YEAKEL SPRINGFIELD,PA 19064---3313 MARCO ISLAND,FL 34145-4401 17 LANAI CIRCLE III NAPLES,FL 34112-0000 1 NICKERSON,GAIL NICOLAZZO,JOHN=&MARGARET NOEL,MARICIA 4977 PEPPER CIR APT G204 32 ROYAL ST 2800 DAVIS BLVD STE 208 NAPLES,FL 34113-4113 WALTHAM,MA 02452-6483 NAPLES,FL 34104--4370 • NORTH AMERICAN FORECLOSURE& NOWSKI,RONALD=&LINDA NURNBERGER,NANCY J DISTRESSED OPPORTUNITIES LLLP 2528 S LAKESHORE RD 57 HILO CT PO BOX 99 HARBOR BEACH,MI 48441-8981 NAPLES,FL 34112-6944 BUFFALO,NY 14205-0099 O CONNOR,MARY ALICE 0 REILLY TR,NEIL OBERLIN,JAYNA 32 MAUI CIR NEIL O'REILLY TRUST 19 MAUI CIR NAPLES,FL 34112-3724 SALLY A O'REILLY TR NAPLES,FL 34112--3723 SALLY A O'REILLY TRUST336 MEL JEN DR NAPLES,FL 34105-6317 — _ OBRIEN,SUSAN J O'CALLAGHAN,MARGARET A O'NEAL,CHARLES 4951 PEPPER CIR#204-A CAROL A O'CALLAGHAN 51 HILO CT NAPLES,FL 34113--0000 85 HILO CT NAPLES,FL 34112-8944 NAPLES,FL 34112-6944 . 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� ®5960 ;� Use Avery®Template 5160® Paper m�� expose Pop-up Edger" ® j PITTMAN,DONALD P=&ANN E PITTMAN,JAMES J=&JUNE A PITTMAN,JOHN E=&JEANA V VALLEY STREAM DR APT 8 200 VALLEY STREAM DR APT 2 300 VALLEY STREAM DR APT 12R ES,FL 34113-4109 NAPLES,FL 34113-4109 NAPLES,FL 34113--4153 PLANCHER,DENTS=&MARIE C PRICE,AMY A PRINCIPE JR,VINCENT 5020 CATALINA CT 1500 OSPREY AVE 30 HAWAII BLVD NAPLES,FL 34112-6992 NAPLES,FL 34102-3466 NAPLES,FL 34112-6940 QUESENBERRY,MELODY J QUICK,REITA A RAMANN TR,LOURDES GROVER L QUESENBERRY WILLIAM T QUICK II LOURDES F RAMANN TRUST I 8 MAUI CIRCLE#8 113 HOLLAND PARK PL UTD 07/24/03 NAPLES,FL 34112-0000 LOUISVILLE,KY 40245--6284 I 16 MAUI CIR NAPLES,FL 34112--3722 RAMANN TR,LOURDES F RAMANN,LOURDES REARDON,LORI LOURDES F RAMANN TRUST WM J GRASPO 22 LANAI CIR UTD 07/24/03 16 MAUI CIR NAPLES,FL 34112-6946 16 MAUI CIR NAPLES,FL 34112-3722 NAPLES,FL 34112-3722 J REECE,SUSAN P REESE,CHARLES A=&PATRICIA REFERENCE ONLY 9 MAUI CIR 15 MAUI CIR LELY VILLAS UNIT 2 CONDO NAPLES,FL 34112-3722 NAPLES,FL 34112--3722 , -0000 4110 REFERENCE ONLY REFERENCE ONLY REFERENCE ONLY VISTA RIO A CONDOMINIUM VALLEY STREAM COURT INC REGENCY WOODS CONDO , -0000 A CONDOMINIUM , -0000 , --0000 REFERENCE ONLY REGO,ADAUTO DO REINHARDT,JOHN C=&PAMELA R LELY VILLAS I A CONDOMINIUM 105 WILLOW CREEK LN 4910 EDGEWOOD DRIVE , -0000 NAPLES,FL 34113--7441 LORAIN,OH 44053--3322 RHODE,EDWARD=&DONNA RHODES,JAMES A=&BONNIE J RICCO,SANDY D 2545 KINGS LAKE BLVD 1818 N BAN DR 37 MAUI CIR NAPLES,FL 34112---5456 WP:FiS,A01;14' .4#%`--4628 NAPLES,FL 34112-3724 .- WC((5uu11LN t1&Sf.;0--q Z E3 RIVIERA COMM ASSOC INC RIVIERA COMM ASSOC INC ROBERT L NEWSOME TRUST 520 RIVIERA BLVD E 520 RIVIERA BLVD E 102 BLUFF STREET NAPLES,FL 34112--9103 NAPLES,FL 34112-9103 CLIO,MI 48420--1188 0 RODORIGO,LUCA ROGERS,TRACY MAE ROSAMILIA,PETER ROBERTA DE CURTIS 24 HAWAII BLVD 1510 STONERIDGE CIR MANUELA DE CURTIS NAPLES,FL 34112-6941 HELMETTA.NJ 08828--1141 VIA STATELLA 7ROMA ITALY, 149-0000 1 1 ibliunrierlsl o c A nolo, 6 £ _R 'a la hadwre afln de I W W W.aVelY.COM i Easy Peel®Labels i ♦ 1.1111111 Bend along Erre to ; viA Ate®5160® 11 Use Avery®Template 5160® Feed Paper immom■ expose Pop-up Edgero ROSAMILIA,PETER ROSE TR,MARIAN P ROTH JR,JOHN=&REENA G 24 MONACO TER 100 VALLEY STREAM DR APT 102 5139 SAND DOLLAR LN • NAPLES,FL 34112---9101 NAPLES,FL 34113--4134 NAPLES,FL 34103-2410 ' RUTH K ANDERSON REV LIV TRUST RYDER,VIRGINIA RYMER,ROY E=&CAROL ANN 4951 PEPPER CIR#208A 43 LANAI CIR 26 MONACO TER NAPLES,FL 34113-4121 NAPLES,FL 34112-6901 NAPLES,FL 34112--9101 RYMER,ROY E=&CAROL ANN SAINT VIL,EVODIE SANDERS,BRIAN W 26 MONACO TER 100 VALLEY STREAM DR APT 100 CANDY VANDERPOEL NAPLES,FL 34112-9101 NAPLES,FL 34113-4134 4 MONACO TERRACE NAPLES,FL 34112-0000 SARA J KRAMER TRUST SASSO,JOHN B=&CAROLE A SAVAGE,MARY A 5 LANAI CIR 4983 PEPPER CIR H203 WENDI E ELLER NAPLES,FL 34112-6947 NAPLES,FL 34113-4139 100 VALLEY STREAM DR APT 300 NAPLES,FL 34113-4134 -t - -- - -- J SCHAFER,STEPHANIE L SCHAFER,STEPHANIE L SCHICHL,HENRY R=8 JEANETTE L 1645 N PHILLIPS RD 1645 N PHILLIPS RD 23126 MARLBORO ST HARROD,OH 45850-9449 HARROD,OH 45850-9449 DEARBORN,MI 48128--1886 III SCHMIDT,BONNIE J=8 DANIEL J SCHMIDT,RICHARD G FORD SCHNITZER,WILLIAM PAUL 8011 WOODHILL DR LAURA L SCHMIDT CECCUCCI,RITA NANDA ROCKFORD,MN 55373-9102 9 DUNLAP COVE DR 1080 PEACHTREE ST NE UNIT 1811 EDWARDSVILLE,IL 62025-2488 ATLANTA,GA 30309-6823 SCHROEDER,ERICH=&INGA SCOTT,EDWARD H=&MARIPAT SEAMPLES,JEFFREY J RUTH GIETZ 13865 KIT LN MARCEL G SEAMPLES 6-600 DOVER COURT DRIVE LEMONT,IL 60439-8760 5758 LAGO VILLAGGIO WAY WINNIPEG,MB NAPLES,FL 34104-5742 CANADA, R3Y 1X4-0000 SEMPLE,CHARLES=&SUZANNE SERNA,RODOLFO SERVELLO JR,MICHAEL FRANCIS 184 WILLIAMS ST ANGELA CONTRERAS LINDA TERASE SERVELLO PORT STANLEY,ON -_ 4987 PEPPER CIR APT 101 34 ALMA STREET - - CANADA, N5L 106-0000 NAPLES,FL 34113-4150 SELDEN,NY 11784--0000 s SHAW,FRANK T=8 DOROTHY SMITH,DARLENE M SMITH,DAVID L 300 VALLEY STREAM DR APT 2R 4983 PEPPER CIR#206H HEATH,BRIAN NAPLES,FL 34113---4152 NAPLES,FL 34113-0000 8 SAINT TROPEZ DR NAPLES,FL 34112-9119 • SMITH,DAVID L ST LOUIS,RAPHAEL=&ANALIA STANKOFF,DENNIS W HEATH,BRIAN 101 WILLOW CREEK LN ELIZABETH A STANKOFF 8 SAINT TROPEZ DR NAPLES,FL 34113--7441 4951 PEPPER CIR APT 103A NAPLES,FL 34112---9119 NAPLES,FL 34113---4108 s fades a Defer _ A_. Realign ala hachure afin de 1 www.averycom 1 11 Easy Peel®Labels ' ♦ Bend along line to 1 1 Use Avery®Template 51600 Feed Paper�� expose Pop-up EdgeTM gli A ®��j 1 STEFFA,JOSEPH G=&CATHERINE B STRAUSS,PAUL D=&SHARON K STROBEL,JON EDWARD IICK J=&DIANE STEFFA 8 LAKEVIEW CT MARVEL ANN STROBEL ICIA J STEFFA SINKING SPRING,PA 19608--9624 7 MAUI CIR *CHURCH ST NAPLES,FL 34112---0000 PHILADELPHIA,PA 19124-4052 STROH,KRISTIN N SVANCARA,LAWRENCE C SWEITZER TR,EARL=&SHARON 27 MAUI CIR 1226 6TH AVE E N&J S SWEITZER J/R TRUST NAPLES,FL 34112---3723 MARCO ISLAND,FL 34145--2871 UTD 11103 15231 ROUTE E PERRY,MO 63452-3129 SWEITZER TR,EARL=&SHARON SWOPE,JEFFREY G TALBOT,DONALD E_&LINDA L E N&J S SWEITZER J/R TRUST 100 VALLEY STREAM DR APT 305 436 GLENBROOK DR UTD 11/03 NAPLES,FL 34113-4134 AUBURN,NY 13021-8263 15231 ROUTE E PERRY,MO 63462--3129 TALBOT,LINDA M TAYLOR KOVACK,ANNA M TEGTMEYER,JOHN N 200 VALLEY STREAM DR APT 7 20 LANAI CIR 7 SAINT TROPEZ DR NAPLES,FL 34113-4109 NAPLES,FL 34112-6946 NAPLES,FL 34112-9119 , i TEGTMEYER,JOHN N THEMAK,GARRY THERESIAS,CHERICIER=&ALMAIDE 7 SAINT TROPEZ DR 77 SPORTSMEN ST 5024 CATALINA CT NAPLES,FL 34112-9119 CENTRAL ISLIP,NY 11722-3424 NAPLES,FL 34112-6992 III THOMPSON,BRADLEY C=&CATHRYN THOMPSON-HOVEY,JOYCE THOMSEN,JAMES 2152 LONGBOAT DR 10101 CREEK RD PO BOX 25242 NAPLES,FL 34104--3377 PAVILION,NY 14525-9715 LONDON,ON 1 CANADA, N6C 6A9-0000 THORSEN,PATRICIA THORSEN,PATRICIA A TIMPONE,DAVID BRYAN j 11 SAINT TROPEZ DR 11 SAINT TROPEZ DR 5019 CATALINA CT NAPLES,FL 34112---9119 NAPLES,FL 34112-9119 NAPLES,FL 34112-6993 TINTAS,PETRU=&CAMELIA M TJADEN,HOA THI TODD,STEVEN A=&KIMBERLY B 4828 W BERWYN AVE 14300 E KILLARNEY CIR 340 15TH ST NW CHICAGO,IL 60630-1510 ' WJCI TA,KS 67230---1513 NAPLES,FL 34120-1906 TUCK,ROBERT E_&SHIRLIE TYNAN,WILLIAM VEGA,LOUIS B 499 RIVIERA BLVD W 4987 PEPPER CIR APT I-105 4977 PEPPER CIR APT 105G NAPLES,FL 34112--9109 NAPLES,FL 34113-4164 NAPLES,FL 34113-4113 i I . VICTORIN,NOELIS &NICOLE VLADI,FERIEDUM VOTO,RICHARD J=&PATRICIA M JEANOT VICTORIN 5257 BUCKEYSTOWN PIKE#236 4983 PEPPER CIR APT 202H 5016 CATALINA CT FREDERICK,MD 21704--0000 NAPLES,FL 34113-4139 NAPLES,FL 34112-6992 I Etiquettes fadles a paler Il ,._A a- Renliez a la hachure arm de 1 Easy Peel®Labels i ♦ ® Bend along One to 11 * AVERY®516.1 Use Avery®Template 5160® j� Feed Raper expose Pop-up EdgeTM 1 WADDICK,EDWARD L '� WADE,DEBRA J WAGNER,THOMAS 1=&MYRLIN M RR#3 26 HAWAII BLVD PO BOX 116 CHATHAM,ON NAPLES,FL 34112-6940 NISSWA,MN 56468--0116 IIICANADA, N7M 5J3-0000 WAGNER,THOMAS I=&MYRLIN M WATROUS,FRANIA S=&WILLIAM WATSON,ROOSEVELT T PO BOX 116 533 TERRITORY DR 5009 CATALINA CT NISSWA,MN 56468-0116 GALENA,IL 81036--8658 NAPLES,FL 34112-6993 WAITERS,SUZANNE K WEBER,RALPH=&VERONA WENDLAND,JEANNE ANN 10 LANAI CIR 119-306 LARONGE RD CAROL MOJAVE TR NAPLES,FL 34112-6947 SASKATOON,SK CAROL MOJAVE REV TRUST CANADA, S7K 8B9--0000 2358 PINEWOODS CIR NAPLES,FL 34105-2540 WIGHT,DEBORAH WILLIAMS,JAMES WILLITS,DAVID W--&CHRISTINE M 58 HILO CT 501 RIVIERA BLVD W 22538 ZION PKWY NW NAPLES,FL 34112-6944 NAPLES,FL 34112-9111 BETHEL,MN 55005-9312 ` WOLFE,PAUL R WOOD,MICHAEL=&NANCY WOODCOME,JAMES J=&DEBORAH A CELINE MURPHY PO BOX 369 4951 PEPPER CIR APT 206A 5013 CATALINA CT WESTBROOK,CT 06498---0369 NAPLES,FL 34113-4108 NAPLES,FL 34112-6993 • WRIGHT,TONY R ZIMMER,PATRICK 0=&JOY A Lely Villas 5011 CATALINA CT 29 HAWAII BLVD 4881 Berkley Drive NAPLES,FL 34112-6993 NAPLES,FL 34112---0000 Naples, FL 34112 Riviera Golf Estates HOA Colony Pines Property Owners 425 Charlemagne Blvd. Association, Inc. Naples, FL 34112 5004 Catalina Court Naples, FL 34112 . Etiquettes facies a peter_ 11� �,� Repiiez a la hachure afin de; ww�►.averye com E NEIGHBORHOOD i INFORMATION MEETING IIIThe public is invited to attend a neighborhood meeting held by Robert J. Mu[here, i FAICP of Hole Montes, Inc.on behalf of the property owner at the following time and location: NAPLES DAILY NEWS Published Daily I , Tuesday,December 9,2014 at 6:00 p.m. Naples,FL 34110 St.Peter the Apostle Catholic Church,Parish Hall i 5130 Rattlesnake Hammock Rd.,Naples,FL 34113 Affidavit of Publieatio The subject property consists of 3.31•±acres and is located approximately one-quarter mile east from the intersection of U.S. 41 East and Rattlesnake Hammock Road in State of Florida Section 18,Township 50 South,Range 26 East,in Collier County, Florida. Counties of Collier and Lee A formal application has been made to Collier County for St.Peter the Apostle Catholic Church (CU-PL-20140001355). This application is for a Conditional Use Petition to Before the undersigned they serve as thi allow for Conditional Use#7 in the A District:Churches.The conditional use request appeared Daniel McDermott,who on o' would allow for parking for the church as an interim use, with a final use of church Inside Sales Manager of the Naples Dai parking and a rectory, newspaper published at Naples,in Colli - distributed in Collier and Lee counties q j i _ attached copy of the advertising,being _{, im PUBLIC NOTICE •'" 4 '� - _ l SOU I -wcwms ,, ,-1-7„.‘., �/ , 11 in the matter of PUBLIC NOTICE / � `' �''', CT r--�,' SITE 1 Swas published in said newspaper 1 tim '/ .< ; _-• it on Noveniber 21,2014. ,%�J , ." `�:,,.# _ J t . t``i I--t j f _ Affiant further says that the said Nap , ' ,- n a ~i �.L li published at Naples,in said Collier Co _ "" i i +^ - .._MTRlrW6 1,4464;51X PPM MW X41 newspaper has heretofore been continu -',v, . I County,Florida; distributed in Collier a ,' ' l / 1; 1 1 each day and has been entered as seconl , j f 11 - office in Naples, in said Collier County; . year next preceding the first publicatioi ..,..^x St.Peter the Apostia .�,. vm«c advertisement; and affiant further says t '' Catholic VICINITY P' PM IOW POP promised any person, firm or corporatio commission or refund for the purpose o WE VALUE YOUR INPUT publicatio ' e said new Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner and Collier County staff. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone,or e-mail to: (Signature of affiant) Robert J.Mulhere,FAICP, Director of Planning Hole Montes, Inc. Sworn to and subscribed before me 950 Encore Way,Naples,Florida 34110 This 28day of November, 2014 Phone:239-254-2000, bobmulhere@hmeng.com t No.231123863 November 21,2014 Clik �Y"D _ .T_ .—.__ Signature of notary public) Notary Public State et Florida oeaYP44.% - . Susan D Flora N if My Commission FF 040280 vtor„d” • Expires07/28/2017 4 ,.... 44 Q U -0 C el 4 1 � ; v • Cu '- C cil • d '1 �3 S al O y• 0 r . `alit` ' 5' Q--' i vi E w c W k v L '� V'W09- L VVI c Y • ` m d ca c -o C c G ca.O s += Ox d � w ...c. a-6.. .. k li �/) Cs- Ni z � °; Ci .-1-• (--) 4444 /10 MCD •oEY3" a :�. N - - M v O cr. -A, • d C T `M1`'` '. -0 4-, to u t... ,- ci. r O N d �1 c c s Y �' � � 1 1-1 4t4 `. O v N [x 40 eq w = E = m5 ,1 N � � . 0 _ g.= u • owvw � a °� " ` • -+---.1-1 4 g, -s � Y • ..... . ZEy �4.1 H W4 � w " wd to ice Ow 'l0 4eQ; Ww * °' " � � -cV C .;. 1- %,../.., fart A Qr a m , '1-- , _ ` �- lij WCD ' w 4- - A a C r[i ►-K >" ►-a c v w z rb CO WZ (n 0! � 0 a. 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E Y w o5c ` � U O Gu. c ` 14/± 1sn Z7 C fg Qf O n N O Tr fib 1 = � � l� F� " - s4O =< E-I p.,, N w 1: E . o -itt -- T c t. m • z & jflffl4 1.* O L YC4 V EC. al y Ni- • O � w � d O ZA44 i300- 0 w ' E ‘. • W E' l 4 1k c ami N 3 11/ ` • w )7 `" ` ` " O �® ° � xi rw0 t " i- 3 Zw v co -c3U O &5 cn tN C A 7 F-i Oi d Q j 0▪ u co c 1 A�� 47-. 2 43 E tpJ1 " .LII Ut2) Z' § C) k ,4 N I21 .0 o co rs Z .4 � caEw ; 1n CA m0 E 0 TS U � enCT ( o F ; C)1461- i y 10 NIM Summary • St.Peter Catholic Church CU-PL-20140001355 December 9,2014 6:00 PM St. Peter Catholic Church Parish Hall Note: This is a summary of the NIM. A recording is also provided. Attendees: On behalf of Applicant: Bob Mulhere,Terry Cole,Paula McMichael,Bo Nepip County Staff: Michael Sawyer 19 members of the public attended. Mr. Mulhere started the presentation by introducing himself, the other consultants, and County staff. He explained the NIM process, the process for approval, provided an overview of the project, and also went over the proposed CU site plan, landscape buffers, preserve area, and the relocation of the Collier County Utilities pump station. • The members of the public who attended identified themselves as residents of Lely Villas and Palms of Lely. The following issues were raised: Relocation of the Collier County Utilities pumping/lift station Residents expressed concerns regarding possible smells or noise from the pump station. The pump station will be constructed to Code, which has requirements to address these issues. If operating correctly, neither should be bothersome. The relocated site will be farther from residences than in its current location. A resident spoke, having inquired with Collier County Utilities regarding the relocation, and related that the pump station had already been scheduled for improvement and relocation, prior to submittal of this conditional use, so these plans have been in the works. The pump station will be moved closer to the canal, in a location that the County can more easily access for maintenance. Wetlands,tree preservation,impacts to animals Residents asked whether the area contained wetlands, and whether any of the trees could be saved. Mr. Mulhere explained that the wetlands are not believed to be jurisdictional, and that the church will retain trees as possible. There are no listed species on the site. • Page 1 H:\1993\1993046\CU\NIM\NIM Summary 12-9-14.docx • A resident also wondered about the agricultural zoning. He had thought it meant the parcel could not be developed. Mr. Mulhere explained that agricultural zoning is generally, within the Urban area, a holding zoning, leftover from when the entire area was undeveloped. The church purchased the property several years ago [in 1999], with the intention of one day using it for parking and a rectory, as is now proposed. Separation from parking areas to adjacent dwellings Several residents wanted clarification as to how far the proposed parking spaces would be from adjacent residences. Buffers on-site are 38' min. along the western boundary and 15' min. along the northern boundary. It appears adjacent residences have a rear setback of approximately 15'- 20', for a total separation of 30'-55'. Additionally the church had proposed enhanced landscaping, with larger canopy trees and a double hedge row. Many expressed the opinion that the landscaping was not sufficient, and they would prefer a fence or wall. There is an existing wooden fence that runs along a portion of the developed site. Many attendees indicated that they wanted a continuation of same. Noise A resident expressed concern that clearing the parcel would reduce sound attenuation between the church and adjacent homes. Mr. Mulhere explained that the parking lot would not be used at all times,but primarily in season, on weekends. Parishioners parking within right-of-way Attendees brought up an on-going issue with parishioners parking within the rights-of-way, rather than in the church parking lot. There was discussion regarding whether this is because parking is not available or because people find it easier to park along the road. Mr. Mulhere explained that this is an enforcement issue, and that the Sheriff's office will need to be contacted to address this, as it is unsafe. The additional parking should help to alleviate the problem. Residents asked several questions regarding whether the number of parking spaces currently existing is as required by Code, and if so,why additional parking is needed. Cut-through pedestrian traffic A couple of residents brought up that people are parking at Palms of Lely guest parking and cutting through private properties to reach the church or the Rich King Memorial Greenway. They felt the fence, rather than the enhanced landscaping—which will take time to grow up— would be a better deterrent to people attempting to cut-through their properties. Any impacts to irrigation or potable water pipes? • A question was asked whether the grassed parking area would negatively impact Lely Villas' water system(potable water or irrigation). There are no impacts or changes to these systems. Page 2 H:\1993\1993046\CU\NIM\NIM Summary 12-9-14.docx • Future plans for the rectory There are no immediate plans to build the rectory. Drainage ditch/stormwater management for Lely Villas The existing drainage ditch/swale along the western boundary will be maintained. This is part of the stormwater management system for Lely Villas and cannot be taken out. Stormwater from the swale will be piped into the canal, through the subject property. The church has a separate stormwater system that outfalls to the canal, and all stormwater runoff must be retained on-site in accordance with SFWMD design requirements and cannot affect neighboring properties. Construction impacts There are requirements in the code regarding construction—watering to keep down dust, and the noise ordinance limits the hours of construction. Site lighting A question was asked whether any lighting would be provided. Mr. Mulhere responded that the purpose of the landscaping buffer, and fence, if provided, was to keep headlights from trespassing onto adjacent property. Site lighting for safety is required but will be as low as possible and shielded so as to prevent glare on neighboring properties. Timeline for approval Mr. Mulhere explained that this project is still in review, and that it would probably be heard by the Hearing Examiner in March. He explained that everyone who had received notice of the NIM would also receive notice of the Hearing Examiner meeting. The meeting concluded at approximately 6:55 PM • Page 3 H:\1993\1993046\CU\NIM\NIM Summary 12-9-14.docx SIGN POSTING INSTRUCTIONS • (Section 10.03.00,COLLIER COUNTY LAND DEVELOPMENT CODE(LDC) A zoning sign(s)must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs,however these guidelines should not be construed to supercede any requirement of the LDC. For specific sign requirements, please refer to Section 10.03.00 of the LDC. 1. The sign(s)must be erected in full view of the public,not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails,staples,or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s)in place,and readable condition until the requested action has been heard and a final decision rendered. If the sign(s)is destroyed,lost,or rendered unreadable,the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER • • BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED ROBERT J. MULHERE, FAICP WHO ON OATH SAYS THAT HE/SHE HAS POS thU PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER CU-PL-20140001335 HOLE MONTES, INC. SIGNA RE OF APPLICANT OR AGENT STREET OR P.O.BOX ROBERT J. MRLBERE, FAICP 950 ENCORE WAY, NAPLES, FL 34110 NAME(TYPED OR PRINTED) CITY,STATE ZIP STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this 22nd day of May , 200'15 by ROBERT J. MULHERE ,personally known to me or who produced as identification and who did/did not take an oath. Jtepittaiku VcADd OsW.. STEPHANIE KAROL Signature of Notary Public ` la MY COMMISSION i EE 183604 EXPIRES:Much 9,2018 8ondedT nilka yPacUndrMMn Stephanie Karol Printed Name of Notary Public • My Commission Expires: (Stamp with serial number) AGENDA ITEM 4-B COICler County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING: June 11,2015 SUBJECT: ZVL(CUD)-PL20150000867,Pipers Crossing PROPERTY OWNER/APPLICANT/AGENT: Owner: Pipers Crossing 1202, LLC 501 Goodlette Road North,#D-150 Naples,FL 34102 Applicant: Pipers Crossing 1202,LLC 501 Goodlette Road North,#D-101 Naples,FL 34102 Agent: John N.Brugger Forsyth&Brugger,P.A. 600 5t'Avenue South, Suite 207 Naples,Fl 34102 REQUESTED ACTION: The Applicant has specifically requested a determination from the Planning Manager and affirmation from the Collier County Hearing Examiner (HEX) that the proposed use of a Dialysis Center(SIC 8092) is comparable and compatible in nature with the permitted uses in the Commercial Convenience(C-2)zoning district pursuant to LDC Section 10.02.06. GEOGRAPHIC LOCATION: The subject property comprises ±7.62 acres, located just north of the intersection of Airport-Pulling Road and Immokalee Road, in Section 24, Township 48 South, Range 25 • East,of unincorporated Collier County, Florida. Property ID/Folio No.: 67954000128. ZVL(CUD)-PL20150000867 Page 1 of 5 Pipers Crossing • SURROUNDING LAND USE & ZONING: North: Residential, RSF-3; South: Piper Blvd (Right-of-Way), followed by canal, then Immokalee Road (Right-of- Way), followed by Commercial C-4; East: Vanderbilt Presbyterian Church,RSF-3; West: Piper Boulevard Medical Office Center— PUD and Sharondale Condominiums — Residential, RMF-16 lit ii, as if , .4, 4 es _ .. 4. ,.. VI lika Iv i s4 46V # a*a I _ . �i�r "�.ikk-4V i�r i r _ 4 JP ii. +* . ,.., ffi} ,, -.p > a L. lw, w 4. s .as #,,.! 4 '* i; * iiao 41 , • Mo "' C ire PURPOSE/DESCRIPTION OF PROJECT: The Piper's Crossing Shopping Center was approved for development by means of SDP- 2003-AR-4619, as amended; the project comprises +/-7.62 acres and +/-82,849 square feet of commercial space within a strip shopping center (Building #100) and four 2-story buildings (Buildings 200, 300, 400, and 500). In addition to on-site parking, an additional 85 parking spaces are available by means of a shared parking agreement with Vanderbilt Presbyterian Church which is the adjacent property to the east. The Applicant desires to lease Building#100 Units 12, 13 & 14(+/-5,544 square feet),with an option to expand into IIIIIUnit 15 (+/- 1,760 square feet) if the unit becomes available, for use as a Dialysis Clinic. ZVL(CUD)-PL20150000867 Page 2 of 5 Pipers Crossing Dialysis Clinics are not specifically listed as a permitted use within the C-2 zoning district; rather,they are listed as C-4 and C-5 permitted uses. The applicant requested a Zoning Verification Letter (ZVL) from the Planning Manager. This hearing is to seek affirmation of that opinion by the HEX. ANALYSIS: LDC Section 10.02.06 J.l.b, Comparable Use Determinations, states: "The County Manager or Designee may issue a zoning verification letter to determine whether a use within a PUD is consistent and compatible with the surrounding uses within the PUD. To be effective,the zoning verification letter shall be approved by the BCC by resolution, at an advertised public hearing." This provision has also been applied to uses within straight zoning districts,such as the subject request. Allowable uses within the C-2 zoning area are contained within LDC Section 2.03.03 B.1.a. Permitted use #74 states: "Any other commercial or professional use which is comparable in nature with the (C-1) list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to Section 10.08.00. The County Attorney's Office has determined that the ZVL(CUD) process satisfies the referenced process and as such the County's Hearing Examiner may hear cases of this type. • LDC Section 2.03.03 B states, in part: "The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for those goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and, therefore,require much larger trade areas..." Dialysis Clinics(SIC 8092)are listed as allowable uses within C-4 and C-5 zoning districts. The applicant opines and has provided statistics to support that the services offered by Dialysis Clinics were historically provided within hospital like settings; however, modern medical technology and their specific business plan allows this use to now be performed within an out-patient medical office/clinic setting. Permitted uses within the referenced C-1 zoning classification appear in LDC Section 2.03.03 A.1.a. Listed use # 21 reads: "Health Services, offices and clinics (8011-8049)." As per the 1987 Standard Industrial Classification (SIC) manual, the following Health Service uses are allowable as permitted uses within the C-2 zoning classification: 8011- Offices and clinics of doctors of medicine, 8021 — Offices and clinics of dentists, 8031 — Offices and clinics of doctors of osteopathy, • 8041 —Offices and clinics of chiropractors, 8042—Offices and clinics of optometrists, 8043 ZVL(CUD)-PL20150000867 Page 3 of 5 Pipers Crossing — Offices and clinics of podiatrists, 8049 — Offices and clinics of health practitioners not 11110 elsewhere classified(acupuncturists, audiologists,inhalation therapists,midwives,etc...) Staff has reviewed SDP-2003-AR-4619, as amended, and determined that parking for the development was approved entirely as "shopping center." As such, parking within the shopping center is not use specific. Additionally, given that a shared parking agreement exists with Vanderbilt Presbyterian Church for 85 parking spaces, the subject shopping center presently has excess parking. The Planning Manager has reviewed and evaluated the subject request and found,by means of a ZVL(Attached),that a Dialysis Clinic (SIC 8041) is comparable and compatible to the other permitted uses within the Commercial Convenience District(C-2). COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed the Staff Report for Petition ZVL(CUD)- PL201500000867 on May 21,2015. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner affirm the opinion of the Zoning Manager that the use of a Dialysis Center (SIC 8092), is comparable and compatible to other permitted uses in Commercial Convenience District(C-2). Attachments: A. Zoning Verification Letter. B. LDC Section 2.03.03 B C. Piper's Crossing Site Plan(SDPI-PL20120000848) D. Application • ZVL(CUD)-PL20150000867 Page 4 of 5 Pipers Crossing PREPARED BY: • (:2L Y C ©JZv 2Gtr JOH)(A. KELLY, PLANNER DATE ZONING SERVICES SECTION REVIEWED BY: • `t" 2 a1 MS' RAYM#i D V. BELLOWS,PLANNING MANAGER DATE ZONIN SERVICES SECTION APPROVED BY: -1.„1„7". _S- - is- • MICHAEL BOSI. AICP. DIRECTOR DATE ZONING DIVISION • ZVL(CUD)-PL20150000867 Page 5 of 5 Pipers Crossing Capinty c e SGrowth Management Department Zoning Services Section May 6,2015 Forsyth&Brugger,P.A. c/o: John N.Brugger 600 5th Avenue South, Suite 207 Naples,Florida 34102 Re: Zoning Verification Letter ZVL (CUD)-PL20150000867; Zoning Verification Letter — Comparable Use Determination for Piper's Crossing, 1201 Piper Boulevard, Building 100, Units 12-15, located within Piper's Crossing A Commercial Condominium 100-F in Section 18, Township 49 South, Range 26 East, of unincorporated Collier County, Florida. Property ID/Folio: 67954000128 (00161200008-historical). Dear Mr.Brugger: This letter is in response to a Comparable Use Determination (CUD) Application dated April 13, 2015, that was submitted by you on the behalf of your client,Pipers Crossing 1202,LLC. Said application was accompanied by a cover letter including justification for said request and three exhibits: Exhibit A — Ordinance 04-41, as amended, Section 2.03.03 B (LDC, C-2 Permitted Uses); Exhibit B — Piper's Crossing Site Plan; Exhibit C—copy of Entrance Road and Parking Easement Agreement dated July 22, 2005; and Exhibit D —Current tenant list with use and area values. You have specifically requested a determination from the Zoning Manager and affirmation from the Office of the Hearing Examiner that the use of a Dialysis Center, SIC 8092, is comparable and compatible with the listed C-2 permitted uses and the intent statement of the C-2 zoning district. The applicable ordinance regulating the zoning and use of the subject property is the Collier County Land Development Code (LDC), Ordinance 04-41, as amended; the LDC implements the goals, policies and objectives of the County's Growth Management Plan. The current Official Zoning Atlas, an element of the LDC, reveals the subject property has a zoning designation of Commercial Convenience District(C- 2), as established by Ordinance No. 2000-20, passed and duly adopted by the Board of County Commissioners on April 11, 2000. Allowable uses within the C-2 zoning area are listed within LDC Section 2.03.03 B.1. Listed as permitted uses within the C-2 district are Health services, offices and clinics (8011-8049); additionally, permitted use #73 reads: "Any other commercial use or professional services which is comparable in nature with the foregoing uses, including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities in an office"and#74 reads: "Any other commercial or professional use which is comparable in nature with the (C-1) list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to section 10.08.00." It is your contention that a dialysis center should be an allowable permitted use at the subject location and have identified C-2 permitted Use #73 as the basis for your argument. Staff contends that Use #73 pertains to business offices only; however, fords that your argument qualifies by means of permitted use #74 (see above) and is therefore proceeding with your request. Staff notes that as per the LDC E ) Zoning Division•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www colliergov net Zoning Verification Letter ZVL(CUD)-PL20150000867 Page 1 of 2 Administrative Code, Chapter 3 Section G.6, such cases are presently subject to hearing and disposition by the Office of the Hearing Examiner. You argue that the dialysis centers, given the state of present • technology, are operated in a fashion similar to those of health services, offices, and clinics (SIC 8011- 8049) which are listed as permitted uses both within the C-1 and C-2 zoning districts. You proceed to explain that dialysis treatments historically were performed in a more hospital like setting; however, today, are being conducted on a recurring outpatient basis with treatments typically performed 3 days a week for an average of 3.5 hours per treatment. You provided information indicating that there are approximately 6,200 dialysis clinics within the United States with only 300 of those being within a hospital setting; you contend the remaining 5,900 clinics are being operated in doctor's office type settings. Staff has no reason to doubt the statistics provided and conveys that, as per the LDC, dialysis centers are listed as permitted uses within the C-4 and C-5 zoning districts as are hospitals (SIC 8062- 8069). The Zoning Manager has reviewed the application and submittal documents and finds the argument made to be compelling; the above described dialysis center operates in a manner consistent with the purpose and intent statement of the C-2 zoning district as contained within LDC Section 2.03.03 B, which reads, in part: "The purpose and intent of the commercial convenience district(C-2) is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-I district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price, and therefore, require much larger trade areas..." As based upon the information contained herein, the Zoning Manager has determined that subject dialysis center is comparable and compatible with those of offices and clinics of doctors and other health practitioners(SIC • 8011-8049) all of which are permitted uses within the C-2 zoning district. Be it noted that this determination pertains only to use and does not negate the necessity of the prospective business to obtain a Zoning Certificate—NonResidential prior to occupying space within Collier County for the conduct of business. This determination must be affirmed by the Hearing Examiner to become valid; you will be notified of the hearing date. Please be advised that the information presented in this verification letter is based on the Collier County LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact,and other requirements of the Collier County LDC or related ordinances. Should you require additional information or have any questions, please do not hesitate to contact me at (239)252-5719 or e-mail: johnkelly@colliergov.net. Researched and prepared by: Reviewed by: (74-L Johri A. Kelly, Pla er Raymo i,.f: -'lows,Zoning Manager Zoning Services Section Zoning ervices Section Attachments i ; jjjj ; A9239 V I _ • __Ise • 4 •« ..._. S ... r p • .0 p e3a" .. saAr= :. .. A g Vii_ •"".' i E 3A "+a a a ' e,2 ai E f ` 1! • :ill it rs - « st a pYpp I 3 att�r—; .i 31 "0 EUCUO MOW 4 -. - ®.. V14,01,OM "Pa., "I'm 1133011 MA ffiellgillEM MEM 1 8-3 1• r..ilN. 4.1-”,* pp me ENE 11E11111 RIEIIII yy *i t-k%-fl az" M-bY; A.. 4*4.41 4-N-ai 0**81 « _ 0 .".,.01 �-ao- .,..� - .. ® a 1111131011111 11131 § Ern �� i 1 ti / le 8 la " �� ,lam i 11 l "a I +sa,swt+.fr.a+an r.wraxme 'j e.. « 3 t. trr-",I7 - KHOO 11301 , /in 7-i ,-- AMP 3 Zing s D i eill WWII a1 a R'. ;,14: =1. V 1,2 iv a i ; -1 y r-' a ety ya E MI ; My at q t • q 0 F 66 6 ySI' ( YS7{y i ND 5 L1YAtR 3 1 'a 10 . al4 X Rtrl4 C a a + ' z .i i1i ;,_ __,,,. nR . ° �`" 3 MMIIt �A E k ! .1111 III if G •'a 4 r.A. !n z.m uwOs WW1 s i— 0 XI $ Mil Fl. y tn 0 O N iv -i cd a M CT m M E p N m0. M S 0 N O a a.. a LI t. .7'.. U CJ a Ss �F $ O 06 uWI w E i +i ,�- O rY3 E"r DO ,� � w�I tiZ�i» _U0 0 �. l& �' _^ QJ r ,7 ,...., ,„ _,,,,,,,,,,. , , , , , 0 a Q E ,,';''''''4F'' f ' "t '''''a I 4.';.• 1 i I,. tm 1 ; _ : ,.:,,,„„.,..i, , . it :. xzit, /. , ,,,, � ,..t., =, ::,,,, , ,* „„,,,,,,,,,,,,i...4::,, _ .if ,i; ,_b. v II " .3.) =+d a , :',''''''''L' "'-77.1i, - , fi,,,,, -,,,, --' t 1 , .1__ , -ti,,,,,th,. 1 ii... t 4 , 0 •EKE` " Qaor � ' , & sa., cd ,' ,, ', , , <., ' " . 4 ' "-ti:/* zz ,, *# :„ __'il " , ° *,F ^/ ‘-' ii; " '. I, 4.,' = ,; +r w y, Icv 0 , y a 0U _.�._.._ r a...._ a� n ( as"� ` ' mad N) •� �RdN ' ' n� s °Ju'tD57�Y1gtt g. ..�� ct Cll 1 :_. 7.::, .....,.., 1 , , t., 2 `v k fr' 6 N • 2.03.03-Commercial Zoning Districts B. Commercial Convenience District (C-2). The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs.Therefore, the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and, therefore, require much larger trade areas. It is intended that the C-2 district implements the Collier County GMP within those areas designated agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-2 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-2 commercial convenience district. a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services(7322). 3. Advertising agencies(7311). 4. Apparel and accessory stores (5611-5699) with 1,800 square feet or less of gross floor area in the principal structure. 5. Architectural services(8712). 6. Auditing(8721). 7. Automobile Parking, automobile parking garages and parking structures (7521 - shall not be construed to permit the activity of"tow-in parking lots"). 8. Banks, credit unions and trusts(6011-6099). 9. Barber shops(7241, except for barber schools). 10. Beauty shops(7231, except for beauty schools). 11. Bookkeeping services(8721). 12. Business consulting services(8748). 13. Business credit institutions (6153-6159). 14. Child day care services(8351). 15. Churches. 16. Civic, social and fraternal associations(8641). 17. Commercial art and graphic design (7336). 18. Commercial photography(7335). Page 1 ..................... 19. Computer and computer software stores (5734) with 1,800 square feet or less of gross floor area in the principal structure. • 20. Computer programming, data processing and other services(7371-7379). 21. Credit reporting services(7323). 22. Debt counseling (7299, no other miscellaneous services) 23. Direct mail advertising services(7331). 24. Eating places (5812, except contract feeding, dinner theaters, institutional food service, and industrial feeding) with 2,800 square feet or less of gross floor area in the principal structure). 25. Educational plants. 26. Engineering services(8711). 27. Essential services, subject to section 2.01.03 28. Food stores(groups 5411 -except supermarkets, 5421-5499)with 2,800 square feet or less of gross floor area in the principal structure. 29. Funeral services(7261, except crematories). 30. Garment pressing, and agents for laundries and drycleaners(7212). 31. Gasoline service stations(5541, subject to section 5.05.05). 32. General merchandise stores (5331-5399) with 1,800 square feet or less of gross floor area in the principal structure. 33. Glass stores (5231)with 1,800 square feet or less of gross floor area in the principal structure. • 34. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. §651 and ch.4-193 F.A.C.; all subject to section 5.05.04 35. Hardware stores (5251) with 1,800 square feet or less of gross floor area in the principal structure. 36. Health services, offices and clinics(8011-8049). 37. Home furniture and furnishings stores (5713-5719) with 1,800 square feet or less of gross floor area in the principal structure. 38. Home health care services(8082). 39. Insurance carriers, agents and brokers(6311-6399, 6411). 40. Landscape architects, consulting and planning (0781). 41. Laundries and drycleaning, coin operated-self service(7215). 42. Legal services(8111). 43. Libraries(8231, except regional libraries). 44. Loan brokers(6163). 45. Management services(8741 &8742). 46. Mortgage bankers and loan correspondents(6162). 47. Musical instrument stores (5736) with 1,800 square feet or less of gross floor area in • the principal structure. Page 2 • 48. Paint stores (5231) with 1,800 square feet or less of gross floor area in the principal structure. 49. Personal credit institutions (6141). 50. Photocopying and duplicating services(7334). 51. Photofinishing laboratories(7384). 52. Photographic studios, portrait(7221). 53. Physical fitness facilities (7991, permitted only when physically integrated and operated in conjunction with another permitted use in this district - no stand-alone facilities shall be permitted). 54. Public relations services(8743). 55. Radio, television and consumer electronics stores (5731) with 1,800 square feet or less of gross floor area in the principal structure. 56. Radio, television and publishers advertising representatives (7313). 57. Real Estate (6531-6552). 58. Record and prerecorded tape stores (5735) with 1,800 square feet or less of gross floor area in the principal structure. 59. Religious organizations(8661). 60. Repair services - miscellaneous (7629-7631, except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines). 61. Retail services - miscellaneous (5912, 5942-5961) with 1,800 square feet or less of gross floor area in the principal structure. 62. Secretarial and court reporting services(7338). 63. Security and commodity brokers, dealer, exchanges and services(6211-6289). 64. Shoe repair shops and shoeshine parlors(7251). 65. Social services, individual and family (8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only). 66. Surveying services (8713). 67. Tax return preparation services(7291). 68. Travel agencies(4724, no other transportation services). 69. United State Postal Service (4311, except major distribution center). 70. Veterinary services (0742, excluding outdoor kenneling). 71. Videotape rental (7841) with 1,800 square feet or less of gross floor area in the principal structure. 72. Wallpaper stores (5231) with 1,800 square feet or less of gross floor area in the principal structure. 73. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. Page 3 74. Any other commercial or professional use which is comparable in nature with the (C- 1) list of permitted uses and consistent with the purpose and intent statement of the • district as determined by the board of zoning appeals pursuant to section 10.08.00 75. An existing lawful structure over 1,800 sq. ft. as of July 14, 2014 may be occupied by any C-2 permitted use with a 1,800 sq. ft.or greater limitation. b. Accessory Uses. 1. Uses and structures that are accessory and incidental to the customary uses permitted as of right in the C-2 district. 2. Where play areas are constructed as an accessory use to a permitted use, the following conditions shall apply: i. A minimum five and one-half(5/z)foot high reinforced fence shall be installed on all sides of the play area which are not open to the principal structure; ii. Ingress to and egress from the play area shall be made only from the principal structure, however an emergency exit from the play area shall be provided which does not empty into the principal structure. iii. The play equipment shall be set back a minimum distance of five (5) feet from the required fence and from the principal structure. 3. Caretaker's residence, subject to section 5.03.05 4. Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to section 4.02.12 c. Conditional uses. The following uses are permissible as conditional uses in the commercial convenience district (C-2), subject to the standards and procedures established in section 10.08.00 • 1. Ancillary plants. 2. Educational services(8211, 8222). 3. Homeless shelters. 4. Household appliance stores (5722, limited to air-conditioning room units, self- contained-retail, electronic household appliance stores-retail, household appliance stores, electric or gas-retail, sewing machine stores-retail, and vacuum cleaner stores- retail)with 1,800 square feet or less of gross floor area in the principal structure. 5. Marinas (4493 excluding boat yards, storage and incidental repair), subject to LDC section 5.05.02 6. Membership organizations, miscellaneous (8699, excluding humane societies, animal) limited to 1,800 square feet or less of gross floor area in the principal structure. 7. Mixed residential and commercial uses subject to design criteria contained in LDC section 4.02.38 except where superseded by the following criteria: i. A site development plan is approved pursuant to section 10.02.03 that is designed to protect the character of the residential uses and neighboring lands; ii. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; iii. The residential uses are designed so that they are compatible with the commercial uses; iv. Residential dwellings units are located above principal uses; v. Residential and commercial uses do not occupy the same floor of a building; 410 Page 4 • vi. The number of residential dwellings units shall be controlled by the dimensional standards of the underlying district, together with the specific requirement that in no instance shall the residential uses exceed fifty (50%) percent of the gross floor area of the building or the density permitted under the growth management plan; vii. Building height may not exceed two(2)stories; viii. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three-bedroom, 900 square feet; ix. The residential dwellings units shall be restricted to occupancy by the owners or lessees of the commercial units below; x. A minimum of thirty (30) percent of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements; areas used to satisfy water management requirements; landscaped areas, recreation areas, or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); xi. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. 8. Personal services, miscellaneous (7299 - not listed as principle uses and limited to • babysitting bureaus; birth certificate agencies; car title and tag services; computer photography or portraits; dating service; diet workshops; dress suit rental; tux rental; genealogical investigation service; hair removal; shopping service for individuals only; wardrobe service, except theatrical; wedding chapels, privately operated) with 1,800 square feet or less of gross floor area in the principal structure. 9. Permitted personal service, video rental or retail uses with more than 1,800 square feet of gross floor area in the principal structure. 10. Permitted food service (eating places or food stores) uses with more than 2,800 square feet of gross floor area in the permitted principal structure. 11. Soup kitchens. 12. Any other convenience commercial use which is comparable in nature with the foregoing (C-2) list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the board of zoning appeals pursuant to section 10.08.00 (Ord. No. 08-11, § 3.F; Ord. No. 10-23, § 3.F; Ord. No. 14-33, § 3.B) • Page 5 I 1 i • 1 r),-, m 7 r rn O 1.0Z o 4 me C co Z X � �; I I J. ; ii i -< • z ,h .. ii, _ . ---r _egg >t � 2 —I D n 2 , 1 r . %.Is „-, . 1, i:421 Z 0 �arw: 41-1__ I 71,) .... eN r---ilt i ' I .," 1.,.. 2 1g cc) 0 H Itpppp ' cn O y ,� 1 2 V) 1,i t p p -v V1X rn xi .w r- z Z Cp O Ill 70 Dun > rn "sp 1111■ M 1: xu 1110 Mira LN+MY 2).040.24k,Nt WVC Ri9MutVATI AI DA MH¶0 1AtS)tfl P*X ttlt')&2,0,0& imilim fi 'PIPER'S C ROSSING' dfF HC.�. E N I�,l � k, `rN S FI1201 PIPER BOULEVARD AS%OCtATES of SOUTH FLORDA,INC. 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'^R::EAIF,tA/iiJ� �4F1F I M MMn Mw W WUMYiilklo 41w".N.J✓ `.l M,1' 4 COLUFYCWNtt CAVn�K W .r�.,4sua+r«r a w' ��r,aX10*, r-r x-m- Got1ier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Zang ',/ri 'ication Letter--Comparable Use Deterri n.. on Lot settjL'r+S 2.03.00't, 10.02.05Cod=of Laws Si-!,.i.;on 2-83 f�lc.yitr_( s O.G c the.`.dmini;stl-ati e CCiti' PROJECT NUMBER Piper's Crossing Shopping Center(1201 Piper Blvd.) PROJECT NAME ZVL-CUD-PL2o15o000867 DATE PROCESSED DATE:4-13-2015 DUE:5-13-2015 '""EXPEDITED REVIEW REQUESTED'" PUD Zoning District / Straight Zoning District APPLICANT CONTACT Name of Applicant(s): Pipers Crossing 1202, LLC Address: 501 Goodlette Rd. N. #D-101 City: Naples State: FL zip: 34102 Telephone: 239-261-2888 Cell: 239-272-2378 Fax: E-Mail Address: jbrugger@forsythbrugger.com Name of Agent: John N. Brugger, Esq. Firm: Forsyth & Brugger, P. A. Address: 600 5th Ave. S., Ste 207 City: Naples State: FL ZIP: 34102 Telephone: 239-263-6000Cell: 239-572-1733 Fax: 239-263-6757 E-Mail Address: Jbrugger@forsythbrugger.com F r}prl.'Y Site Address: 1201 Piper Blvd, Naples, FL Folio Number: Property Owners Name: 1202 Pipers Crossing, LLC DETERMINATION REQUEST The determination request and justification for the use must be done by a certified land use planner or a land use attorney. Provide the completed request on a separate attached sheet. Please be very specific and include the SIC Code, if known. The request should adhere to the following format: "I request a determination from the Planning Manager and approval from the Office of the Hearing Examiner, that the use of dialysis center SIC 8902 is comparable and compatible with the permitted uses in the PUD or in the C-2 Commercial Straight Zoning District." 9/25/2014 Page 1 of 2 Collier County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coliiergov.net (239)252-2400 FAX:(239) 252-6358 SUBMITTAL REQUIREMENTS CHECKLIST See Chapter 3 G.6 of the Administrative Code for submittal requirements. The following items are to be submitted with the application packet. Incomplete submittals will not be accepted. NOT REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed website) Application (download current form from County El ❑ ❑ Determination request and the justification for the use PUD Ordinance and Development Commitment information Electronic Copies of all documents 'Please advise: The Office of the Hearing Examiner requires all ❑ ❑ ❑ materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: i Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. w Please contact the project manager to confirm the number of additional copies required. • FEE REQUIREMENTS: 0 Application: $1,000.00; Additional Fees of$100 per hour will be charged as needed upon completion of review and research. Payment of Additional Fees will be required prior to the release of the verification. 0 Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 All checks payable to:Board of County Commissioners The completed application,all required submittal materials,and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN:Business Center 2800 North Horseshoe Drive Naples,FL 34104 } C-- x.1.1 c Applicant Signature Date Herbert C.Pohlmann,Jr.Manager of Pipers Crossing 1202,LLC Printed Name Please be advised that the zoning letter is based upon the available records furnished by Collier County and what was visible and accessible at the time of inspection. This report is based on the Land Development Code that is in effect on the date the report was prepared. Code regulations could be subject to change. While every attempt has been made to ensure the accuracy or completeness, and each subscriber to or user of this report understands that this department disclaims any liability for any damages in connection with its use. In addition,this department assumes no responsibility I for the cost of correcting any unreported conditions. 9/25/2014 Page 2 of 2 • FORSYTH& BRUGGER, P.A. Attorneys at Law John N Bragger* Master of Laws in Taxation John N.Snigger tilt 600 Fifth Avenue South;Suite 207 Master of Laws in'Taxation Naples,FL 34102 *Also Admitted in Michigan Pitons(239)263-6000 tAlso Admitted in Kentucky Fax:(239)263-6751 Calthan F.Garrett Emoiijbrugger(atrotsyrhbruggercom tAlsn Admitted in Illinois John F Forsyth 1921—2000 April 28,2015 Collier County Government Growth Management Division 2800 North Horseshoe Drive Naples,FL 34104 Re:Zoning Letter for Pipers Crossing Shopping Center, 1201 Piper Blvd,Naples,FL 34110 Ladies and Gentlemen: This is our amended submittal regarding the above referenced matter. We would like to provide additional information for the Planning Department and the Office of the Hearing Examiner to consider: Background Information Pipers Crossing is a 77,315 Square Foot Commercial Shopping Center located at the intersection of Airport Road and Piper Boulevard in Collier County,Florida(the"Plaza"). The current owner,Pipers Crossing 1202,LLC,a Florida limited liability company,acquired the Plaza with a C-2 Commercial Zoning designation applicable to the Plaza,copy attached as Exhibit A. Use Permitted and Comparable Use Restated Uses Permitted under the C-2 Commercial Zoning Classification are set forth on Exhibit A,including Health Services,Offices and Clinics(8011-8049). On April 13, 2015, we submitted a Zoning Verification Comparable Use Determination requesting a decision from the Planning Manager and approval from the Office of the Hearing Examiner that a Kidney Dialysis Clinic with an SIC code of 8092 is comparable and compatible with the permitted uses in the Plaza,a copy of the relevant portions are attached as Exhibit B. The C-2 zoning classification includes Permitted Use#73 which states:"Any other commercial use or professional services which are comparable in nature with the foregoing uses". 4111110 1 The kidney dialysis clinic will provide for the medical treatment of kidney related issues. • In our original application for comparable use, we argued this should fall under the health services, offices and clinics Permitted Use. In this second correspondence,we would like to provide additional information in our request that it be considered a Use Permitted under the C-2 Commercial Zoning Classification. Additional Use Permitted and Comparable Use Information The Land Development Code which was originally adopted in 199],substantially amended in 2002, with regular amendments since that period, has not been brought up to date to reflect that dialysis is being conducted in outpatient facilities that are similar to doctor's offices. Because doctor's officers are a Permitted Use of C-2 zoning,kidney dialysis clinics should also be considered a Permitted Use or Comparable Use. Historically, dialysis treatments were conducted within hospitals. However today, they are being conducted outpatient,as free-standing operations. Currently,according to research by the owner of a dialysis clinic, DS1 Naples Airport Road, LLC, a Delaware limited liability company, there are approximately 6,200 dialysis clinics in the United States with only 600 of these clinics operated by a hospital.I reference the hospital use because both hospitals and dialysis clinics are Permitted Uses in a C-4 zoning district in Collier County, Florida.Of these 600 hospital based clinics, approximately half of those clinics are in free standing buildings or strip mall settings, with the result that out of 6,200 dialysis clinics in the United States, only 300 are currently operated within a hospital setting. Consequently,dialysis clinics are no longer being primarily operated within hospitals and are instead • being conducted in doctor's office type-settings,a Permitted Use under C-2. Dialysis is a reoccurring treatment which is typically performed 3 days a week for an average of 3.5 hours per treatment.Due to the advances in monitoring and safety technology over the last 30 years, patients are now cared for by patient care technicians,and supervised by a registered nurse.The need for hospital support has been replaced by the convenience of location. There is also dietitian and social worker support for counseling. Due to the nursing supervision and systems supporting the patient,the physician will visit the clinic 1 to 4 times per month to see the patient. hi summary,dialysis centers are being conducted outpatient,as free standing kidney dialysis clinics.A doctor's office is a Permitted Use, and today's dialysis centers operate similarly to a doctor's office instead of within hospitals. Therefore,we respectfully request that a Kidney Dialysis Clinic with an SIC code of 8092 be allowed as a Permitted Use or Comparable Use in the Plaza to reflect the changes in dialysis treatment. Conclusion In conclusion,we respectfully request that a kidney dialysis clinic be approved as a Permitted Use or Comparable Use in Pipers Crossing Shopping Center. Truly, Callhan F. Garrett,Esq. • 2 3 AGENDA ITEM 4-C $ erContY STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING SERVICES DIVISION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JUNE 11, 2015 SUBJECT: PETITION SV-PL20140000590,ALAMO GUNWORKS SIGN VARIANCE PROPERTY OWNER/AGENT: Applicant: Agent: Mr. Peter Carrol Mr. Jeffrey L. Scott, Lotus Gunworks Naples,LLC Jeffrey L. Scott, Architect 2390 Vanderbilt Beach Road 1065 Borghese Lane Naples, FL 34109 Naples,FL 34114 REQUESTED ACTION: The applicant is requesting a variance from LDC Section 5.06.04.F.1, which requires a minimum separation of 1,000 feet between pole or ground signs on multiple-occupancy parcels, to instead allow a minimum separation of 250 feet between one pole sign and one ground sign located along Vanderbilt Beach Road, and a minimum separation of 775 feet between one ground sign located along Vanderbilt Beach Road and one pole sign located along Airport-Pulling Road; and from LDC Section 5.06.04.F.4, which limits a 25,000 square foot building in a multiple-occupancy parcel to one wall sign with a maximum sign area of 200 square feet, to instead allow six wall signs with a total maximum sign area of 60 square feet. GEOGRAPHIC LOCATION: The subject property is located in Olympia Park a Land Condominium, Unit 400, located within the Walgreens PUD, in Section 2, Township 49 South, Range 25 East, Collier County, Florida. (Please see the location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject property is a recently constructed freestanding building that lies between the Agave restaurant and the Walgreen's outparcel located at the south west corner of Airport Pulling Road North and Vanderbilt Beach Road. (Please refer to the Aerial on page 7.) Alamo Sign Variance SV-PL20140000590 Page 1 of 10 May 22,2015 f t. . .\ a. if 1 - -1 - c' )\fk'1\ 3,, -__j i,,......____Hit ,�. W o a- 'f.' ,... QM rwlr-1110... g (A 7fiD OM ennrw.r ' Q N,Iiii isi NM i II NV °I) ,. a °�, N Alta MI Pr a —441431r OrFO ' l ` _ Q© 0 i c (� TM 01113.1 1101 ' U �W CMANI 011 Wool olw.lw yr..,VIM O I a 5 i G e P g ;k I 5J= le agi lint 9 a 11 ii M s.�f; t o I -€P – f 1111Ari 3 ^ —] g li. I' el'pal 1 g Elk. 1 lw.. n � .'moi— Ai i 3 g 6 �� .�. 11 11 '__ " p� a �,... it O — i"' _. _ Qwwl.w111r..+.w e; I2 Al E �R 7 -` i ) P _ 371a a ii r- fti r1 w111 V- ' �.� 1.YW.YJ100W IfIC ' ill if r - L__1 ! � a ry '.a W.,. ,w.www. r. r.n( ,A www. R A ____ 1,,5,':ZDG4 GRDUAD SIGN 5.5154wg ill Ij 1 II r i (4' •,Y . Z I I NJ 1 > r w Agate 4e E e , f/ tar ■ gi 1;!! 4, I G1 — — — 74.7f. It 9 --1I Z O ilirit r-' i I d i w Q 1 I I. Y 7I y I, OIC I 1 r G C r1 I I i Crit (/) -.,.-w.- _d., ,��_.,w,,. ,_ .' meq., Cni H (i x CZ cm —z-401-- Cin ala' n6A N. }rh Yrs r i `, 11101 ii=lreirw..._. rAillill 1711117 .---141111 r DJ 0H H Z70 r Pcj y0 ; , pp0 CA ;� � III6. ►--- -cd n cy CO ` ' . ` N z 4 rTi I + : _ Ca Ca 0. irk z c ri 1. .., Cb Y� = }l,f�,,yf LA H1......4 v TC) v e H VI 1i O >., n _.. Z m ..:i...:0. ra 70 o � .t. : ,C 171 v) a \- { • O p o C � a y � © (-7) r" h � HZ0 > 11 11 " 1 '_ g" 5,_4„ / / / / / 1 I ,_ 0„ i pry t O C1 A '�+li��i+ ��j( PL 5 'K, a1'III 1111101011 p1�1�J�� ,�• SCUPPER DIMENSIONS FOR FLAT ROOF PARAPETS as- v� 1141.!5, u1 j1''�I'�1'111111 LOTUS GUNWORKS -Rc �"� � '�� 2390 VANDERBILT BEACH ROAD NAPLES,FLORIDA - ii 0..,03 1`1, ` , x. 1i ° r__., i .cc SES . �d Z Il- 1� . . el 1 '1' ' • CA .hag t � f iniii =� ��_I as i e x 00 -1- ow- 1 w /-- 11-4 0s pI 1 1 .0h. _ `s higINI} a b - -7.-4, I f --- € Z "Mr .1 .".,: 1,14 CAM. , ,... Cals "_ k ff CA lif Tt ii y ,-b t til Y 1 „k$1,4c 1 The subject building has one existing permitted wall sign on the front (Vanderbilt Beach Road) facade (permit number Prbd20150202908, see attachment). The Alamo building has no other signage along Vanderbilt Beach Road. Because the petitioner desires a different configuration of the permitted sign, it will require 6 separate signs instead of one. Therefore, the sign permit will need to be revised to reflect the additional wall signs approved by this variance. The petitioner is also requesting one ground sign above and beyond the permissible signage along Vanderbilt Beach Road. The requested ground sign variance relates to LDC Subsection Subsection 5.06.04. F.1. which states: "On premise signs. On premises pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all nonresidential zoning districts subject to the restrictions below: Pole or ground signs. Single-occupancy or multiple-occupancy parcels, having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for corner lots, shall be permitted one pole or ground sign. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed 2 per street frontage. " The variance would relax the required minimum separation of 1,000 feet between pole or grounds signs on multiple-occupancy parcels,to instead allow a minimum separation of 250 feet between one pole sign and one ground sign located along Vanderbilt Beach Road, and a minimum separation of 775 feet between one ground sign located along Vanderbilt Beach Road and one pole sign located along Airport-Pulling Road. The above variance request will allow for an additional ground sign along Vanderbilt Beach Road. The second request for a wall variance relates to LDC Subsection 5.06.04. F.4.a. which states: "The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual façade including windows of the building or unit to which the sign will be attached and shall not, in any case, exceed 150 square feet for buildings or units up to 24,999 square feet, 200 square feet for buildings or units between 25,000 and 59,999 square feet and 250 square feet for buildings over 60,000 square feet in area. " The variance would relax the limitation of one wall sign with a maximum sign area of 200 square feet, to instead allow six wall signs with a total maximum sign area of 60 square feet. The second variance request will allow for five (5) additional wall signs above and beyond the permissible one wall sign. (Please refer to building elevation on page 5.) Alamo Sign Variance SV-PL20140000590 Page 6 of 10 May 22,2015 a + ., ,3:7, _ ,„, a 1.1 11:c < IS . r ' ''''.4 • ` Subject Site >iMt —%.. '.T1 'Jt ti r e t f — ` e • x 4 ' 1 ' _r.. r• ~ -: , 1F ' i!R �-' ► -- • •.., .r _ tfi !41r alb #A f , t i ,1 ( ` ° js. .v T .' , .bpi M ',.'. e/ 1 * , ‘..1" r*,;',,,,A,0116.1. a,"-":"" ' .. i _44 . Si t.t elitrIla',_ i _ • . "Y.. +fie-, t-'11 rt_ of I'. ' _4,y . - C mad..9 7 ` r.. s i" iiiitrs 4. r V gy AERIAL PHOTO of SUBJECT PROPERTY SURROUNDING LAND USE AND ZONING (of Subject parcel): North: Vanderbilt Beach Road right-of-way then Vanderbilt Galleria, which consists of outparcels, parking areas and a strip shopping center, with a zoning designation of Pelican Marsh DRI (Development of Regional Impact) East: Undeveloped commercial parcel, then Walgreens and then Airport Pulling Road North (C.R. 31) right-of-way, within a zoning designation of Walgreens PUD (Planned Unit Development) South: Parking area within a zoning designation of Walgreens PUD West: Parking area then the Agave restaurant building and parking area within a zoning designation of Walgreens PUD GROWTH MANAGEMENT PLAN(GMP) CONSISTENCY: The subject property is located in the Urban Designation, Mixed Use Activity Center Subdistrict of the Future Land Use Map of the Growth Management Plan (GMP). The GMP does not address Alamo Sign Variance SV-PL20140000590 Page 7 of 10 May 22,2015 individual Variance requests but focuses on the larger issue of the actual use. The Walgreens PUD is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element,although the Variance request is not specifically addressed. ANALYSIS: The decision to grant a sign variance is based on the criteria of LDC Section 5.06.08.B. Staff has analyzed this petition relative to the evaluative criteria and offers the following responses: a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district. There are no special conditions. 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 provisions of the sign code would not deprive the applicant of the rights commonly enjoyed by other properties in the same zoning district and cause unnecessary and undue hardship on the applicant. However, if a literal interpretation of the LDC provision is applied, then the applicant will not be able to have additional building wall signage and a ground sign facing towards Vanderbilt Beach Road. 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. There are no special conditions 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. Yes. A Variance by definition confers some dimensional relief from the zoning regulations specific to a site. The granting of the Sign Variance request would allow for an additional ground sign and additional wall signs on the building facade that face towards the Vanderbilt Beach Drive road right- of-way. These sign variances confer 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. Alamo Sign Variance SV-PL20140000590 Page 8 of 10 May 22,2015 Yes. The purpose of the requested Sign Variance is to allow for an additional ground sign and additional wall signs that are otherwise not permissible by the Sign Code. As previously stated, the additional wall signs and ground sign would face towards a major arterial road, Vanderbilt Beach Road. Furthermore, the additional signage granted by the proposed sign variance would aid patrons in identifying the business. If the Condition of Approval recommended by Staff is followed, the reasonable use of land is possible. f. That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan, and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. Section 5.06.01.A. of the LDC states that the purpose and intent of the LDC relative to signage is to ensure that all signs: 1. Lessen hazards to pedestrians and vehicular traffic; 2. Preserve property values; 3. Prevent unsightly and detrimental signs that detract from the aesthetic appeal of the county and lead to economic decline and blight; 4. Prevent signs from reaching such excessive size and numbers that they obscure one another to the detriment of the county; 5. Assure good and attractive design that will strengthen the county's appearance and economic base; 6. Preserve the right of free speech and expression in the display of signs. It is Staffs opinion that the request for the ground sign and the additional wall signs meets the purpose and intent of the Sign Code. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for SV-PL20140000590 revised on May X, 2015. RECOMMENDATION: Staff recommends that the Hearing Examiner approve Petition SV- PL2011000590 subject to the following conditions of approval that have been incorporated into the attached resolution: 1. The six (6) wall signs are limited to a maximum of 60 total square feet and to the northern building facade facing towards Vanderbilt Beach Road. 2. Permit number Prbd20150202908 shall be revised so as to be consistent with this variance. Attachment A: Alamo Wall Sign Permit number Prbd20150202908 Alamo Sign Variance SV-PL20140000590 Page 9 of 10 May 22,2015 PREPARED BY: )11 � kwv1t6VJ1711WV .5(NANCY G ND A H, AICP, PLA D PRINCIPA PLA ER ZONING DIVISION REVIEWED BY: Asy t 9 2P(5 RAYMO `D V. BELLOWS,ZONING MANAGER DATE f ZONIN , IVISION MIKE BOSI, AICP,DIRECTOR DATE ZONING DIVISION Alamo Sign Variance SV-PL20140000590 Page 10 of 10 COLLIER COUNTY BUILDING PERMIT APPLICATION Growth Management Division 1 2800 N.Horseshoe Drive,Naples,Florida 34104 TEL: 239-252-2400 please fold plank with the plain side out. Ensure documents are stapled inside each set of plank. ❑Residential 1 or 2 Units(Single Family/Duplex) ❑Residential 3 or more Units(Multi-family) CI Commercial P it Na J . ( O2 2-9,47 Master Permit No. Parcel/Folio: 64630000089 -` [contractor �esign Professional ❑owner Builder Job Address:2390 Vanderbilt Beach Rd. o r ES 12001222 --_-_..- � License#State Cert/Reg.-Prefix: #: Owner's Phone No.:,_ _,, Company Name: Premier Sign and Service Inc Owner's Name: Olympia Park A Land Condo, _ C Qualifier/Professional Name: Abner Altamar l.ot: Block: Unit: 4BD g, Contact Name:Abner Altamar a0 Subdivision: t p 0 a,. A V'T� 2 C Ades. 7716 6th Place 0 Township: .`T Range: 26 Section: »•� v City Lehigh Acres State:FL Zip:33933 ti a FEMA BFE: Flood Zone: CG Phone 239.258.6979 Fax_239-303-1484 -- _ — SDP/PL: p E-mail Address: aaltamar @psnsigns.com Code Case: COA: ❑Alteration DMechanical Clean Agent System OLP Gas Z Convenience Book Mobile Home =Fire Alarm DIPre-Engineered Fire Demo Di ❑ New Construction Fire Alarm Monitoring Suppression i Door/Window lumbing w F" ❑Fire Pumps Standpipes Gp • ElElectric/Low Voltage Pool W i Fire Sprinkler System Spray Booths Ow a ❑Electric from House [Re-roof W 4.1 a Fossil Fuel Storage System Tents W Fence Screen Enclosure p„ rs, Hoods ❑Underground Fire Lines El Gas e ❑ Shutter F F, =Marine cg Sign/Flagpole OTHER DSolar Z D Private Provider D Cron-sprinkled z Non-sprinkled OSprinlded 0 0 Roofing 0 Electrical U 0 Septic 0 Low Voltage a w 0IA 0M 011A DM rn i 0 Shutters 0 Mechanical H .,' 0' 0MB OrvA ❑IVB O [3 Permit by Affidavit G [] OVA VB U U Occupancy Classifi cation(s): Description of Work:Alamo-Wall Sign Z 0 iProject Name: Alamo Declared Value$: 2000.00 O NEW CONSTRUCTION/ADDITIONAR,M ALTERATION WORK AREA- SQ.FT, z FIf applicable: #Stories/Floors: #Units: #Tons: U #Bedrooms:_#Baths: RESIDENTIAL: Living: Non-living: a RESIDENTIAL: Living: Non-living: Total sq.ft.: TOTAL SQ.FT.: a COMMERCIAL: COMMERCIAL: Interior: Exterior:__—. #FIxtures: _,, __„_ Interior: Exterior: Total: TOTAL SQ.FT.: SEWAGE: 4 ❑Septic 0 Ave Maria [City ofNaples 0 Collier County 0 Golden Gate City 0 immokalee 0 Orange Tree []Other WATER SUPPLY: []Well [ Ave Maria DCity ofNaples [Collier County 0 Golden Gate City NO Tmmokalee NI Orange Tree[3 Other Application/Plans Discrepancies–Customer Acknowledgement of possible rejection for the following missed information: I.Square footage discrepancies 2.Occupancy Classification/Construction type not provided — 3.Required documents not certified 4.Incomplete Plan Sets or Drawings _ _5. Sets not identical Nov.1,2014-PMR Date: / 0 Days Review: # Set of Plans: Attachment A i QUALIFIERS PAGE ACKNOWLEDGEMENT OF COLLIER COUNTY REGULATIONS Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction In this jurisdiction. The permit or application fee may have additional fees imposed for failing to obtain permits prior to commencement of construction. The approved permit and/or permit application expires if not commenced within 180 days from the date of issuance. The penm'ttee further understands that only licensed contractors may be employed and that the structure will not be used or occupied until a certificate of occupancy is Issued. By signing this permit application, I agree that I have been retained by the owner/permittee to provide contracting services for the trade for which I am listed. Furthermore, it is my responsibility to notify the Building Review and Permitting De partment should I no longer be the contractor responsible for providing said contracting services. I further agree that I understand that the review and issuing of this permit does not exempt me from complying with all County Codes and Ordinances. It is further understood that the property owner/permittee is the owner of the permit. Note: If change of contractor, please provide the following: Permit Number: E-mail Address: Tel: COMPANY NAME: Premier Sign & Service Inc STATE LICENSE NO:ES12OO1222 QUALIFIER'S NAME(PRINT): Abner Altamar r QUALIFIER'S SIGNATU• -/',:- -:" � a°."R:•∎N CAROL RUTH STACHURA STATE OF: COUNTY OF: * +i * MY COMMISSION/FF 093307 �• � ,, ill EXPIRES:February 16,2018 v.SWORN TO(OR AFFIRMED)AND SUBSCRIBED BEFORE ME THIS C3 i if,. �4frorc e° 8ordedmru6el tNohryServices WHO IS PERSONALLY KNOWN: OR AS PRODUCED ID: TYPE OF ID: • NOTARY PUBLIC SIGNATU',:- _.. '--t_,..-&-C,_.- _____ -�_ NOTICE (SEAT..) . __ IN ADDITION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS APPLICABLE TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY, AND THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER GOVERNMENTAL ENTITIES SUCH AS WATER MANAGEMENT DISTRICT,STATE AGENCIES,OR FEDERAL MERCIES. WARNING OF POSSIBLE DEED RESTRICTIONS THE LAND SUBJECT TO THIS PERMIT MAY BE SUBJECT TO DEED, AND OTHER RESTRICTIONS THAT MAY LIMIT OR IMPAIR THE LANDOW NER'S RIGHTS. COLLIER COUNTY IS NOT RESPONSIBLE FOR THE ENFORCEMENT OF THESE RESTRICTIONS, NOR ARE COLLIER COUNTY EMPLOYEES AUTHORIZED TO PROVIDE LEGAL OR BUSINESS ADVICE TO THE PUBUC RELATIVE TO THESE RESTRICTIONS. THE LANDOWNER OR ANY APPLICANT ACTING ON BEHALF OF THE LANDOWNER IS CAUTIONED TO SEE K PROFESSIONAL ADVICE. WARNING ON WORK IN COUNTY RIGHT-OF-WAYS THIS PERMIT DOES NOT AUTHORIZE CONSTRUCTION OR INSTALL ATION OF ANY STRUCTURE OR UTILITY, ABOVE OR BELOW GROUND, WITHIN MY RIGHT-OF-W AY OR EASEMENT RESERVED FOR ACCESS, DRAINAGE OR UTILITY PURPOSES. THIS RESTRICTION SPECIFICALLY PROHIBITS FENCING, SPRINKLER SYSTEMS, LANDSCAPING OTHER THAN SOD, SIGNS, WATER, SEWER, CABLE AND DRAINAGE WORK THEREIN. IF SUCH IMPROVEMENTS ME NECESSARY, A SEPAR ATE PERMIT FOR THAT PURPOSE MUST BE OBTAINED FROM TRANSPORTATION/ROW PERMITS AND INSPECTIONS(239)252-8192. ARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF OMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR MPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN INANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY , EFORE RECORDING YOUR NOTICE OF COMMENCEMENT. Per Florida Statutes 713.135 a Notice of Commencement(NOC)is required for construction of improvements totaling more than$2,500,with certain exceptions. For A/C Repairs or Replacements a notice of commencement is required for improvements more than$7,500. The applicant shall file with the issuing authorltyprior to the first Inspection eithera certified copy of the recorded NOC or a notarized statement that the NOC has been Bled for recording,along with a copy thereof.In order to comply with the state requirement,permits will be placed in inspection hold until proof of the NOC is filed with the building permitting and Inspection department.The Issuing authority shall not perform or approve subsequent Inspections until the applicant files by mail,facsimile,hand delivery,email or any other means such certified copy with the issuing authority. Sign Detail Affirmation Worksheet Sign status: Q New ❑Reface Existing Sign Type of sign: ❑ Wall ❑ Ground ❑ Pole ❑ Awning ❑ Canopy ❑ Directory ❑ Flagpole ❑ Real Estate ❑Construction Other: Sign Copy: Alamo/ Guns, Archery, Range, Training Number of signs: 1 ❑ Single Face ❑ Double Face ❑:V-shaped (//7 Square Ft.Sign#1 / 70. / z ❑Sign#1 Electric ❑ Non-electric Square Ft.Sign#2 ❑sign#2 Electric ❑ Non-electric Property Status: ❑ Improved ❑ Unimproved Sign Classification: ❑Onsite 00ff-Site Existing Sign Status: ❑Conforming ❑ Legal Non-conforming Are there any signs existing on the subject property? EYES Q NO If there are any signs existing on this subject parcel,a plan shall be submitted showing type,height,area and location of all such signs.This information may be incorporated into the site plan and/or elevation drawing(s)required to obtain the permit for the proposed sign (s). Qualifiers Signature: ,1— _ .,,,r ow- 10/17/2013 Page 1 of 2 COLLIER COUNTY Y GOVERNMENT roMM1i-mT- DEVELOPAM,NT AND ENVii10N\FENl'AL SEIWICES DIVISION Building Review and Permitting Department 2800 North Horseshoe Drive Naples, Florida 34104 Date: /2hz.hif This letter is to notify Collier County that UUAtf'rllili ZeKaA 61.C.- the (Name of Owner or 1 Ianagement Co.) of 442(rorkc>YS of 'w. } ;u . .. �. 'I ' r .proves (Title) (Company Na e) y � the signage at Aci )%4a' and (Address of Sign) gives PREMIER SIGN&SERVICE authorization to install signage. Property Owner/Manager: Y irrd/1 1/• 40,oraA.61A,6 (Circle One) (Print Name and Title) Signature: sv;.••:;'�• LINDA M.LOWERY MY COMMISSION.FF 013610 r� EXPIRES:Januery 7,2018 id State of Flora • a +� SoAd ,,e cNd„y,8 County of ( o\\■....g..."—) The foregoing instrument was acknowledged before me this Q..Ct " day of 20 \LA, by Ccr rot` , who is personally known to is : or has produced as identification. AlOP1-- signature of No ary Publi at, (Print, Type or Stamp Name 6f Notary) , `d.., 5 1o, 1� rt t _ iiiiitil i:a?BB 111I. g..... .alms E �- . am - win < will A itrzi 'Al ' V I - ,: r I N ,,,4`)';' ; W I ilea ;Ft al 4 i _ c.,..tut (V VS x witmin //' 1111 ► r"'"'te"--71 .�l � �,X41 i-=.1 1MI p ft NORM 9i en pal4 Iihi ;: I Mr x in: ,numw■ gma.." 11 .im.i ! I _t Yin .r mu lqp. :iia lafs t liii illi Mil <:...a la �i.:: :...:: gi iiaa< AM ■I 311:+�: ss(hilSa l II Mt ri ! i.rri}tl M ! Mit 1 } esu :': 4 4, r-.w is H ' ; -5 ' 1 f i 'F S- i j� * i CSa � a -, , it. ' .n ,1 I I _ . . (4 Z4 • . Vii . t‘t til r... s r 64 O N. • m d -1 -•1111 •z;,a 1 04C I �M\ ��1.,,� kt4toms ; C . 0 0 N i/1M u1 got: -co m o AMU WX X IL ICI co co X O m :_ V x" 9 nQi w o p m III m v G. iiiaie77 MDoea :s: J 1111 13.1 MIX Slt;i l::iia ::111 f :133n1111 min ::: s s::: [[ ;11" .,:, ., N in . : aaaatZVI .::i: ::::' it 1::::2 L ::$- E MI 3 14.11 ,. i`:i i:iii a 0[w ML"'.( - vi MB •alas Isar ;i:: is VI_ \;0,,,,,10,7517_41,..L.:\7\77: v ...— . .. P I }ae REVERSE-MOUNTED CHANNEL LETTERS r---0 I 0 0 111161114/10.1111 MUM0 1. .080 ALUMINUM FACE Elect. Specs. 2. WHITE LED STRIP LIGHTING (1) 12v Power Supply 60 watt 3. CLEAR LEXAN BACK Total Load: 2.4a 4. .063" ALUMINUM SIDEWALLS Grounded As Per Nec 250 5. DISCONNECT SWITCH All Elect. Comp. UL Appr. 6. SEAL TIGHT PASS-THROUGH WIRING KIT & Labeled 7. LED POWER SUPPLY 8. 2.5"SPACERS I.25"X 4.5"TAPCONS (2 MIN PER LETTER) Co it County COLLIER COUNTY GOVERNMENT J0 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coliierxov.net (239)252-2400 FAX:(239) 252-6358 SIGN VARIANCE PETITION LDC section 5.06.08 & Code of Laws section 2-83—2-90 Chapter 3 I.of the Administrative Code PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): Lotus Gunworks Naples L,L.C. Address: 2390 Vanderbilt Beach Rd. City: Naples State: FL Zip: 34109 Telephone: (239) 593-0232 Cell: (239) 248-5226 Fax: E-Mail Address: Jeff.scottsuarez@yahoo.com Name of Agent: Jeffrey L. Scott Firm: Jeffrey L. Scott Architect Address: 1065 Borghese Lane City: Naples State: FL zip: 34114 Telephone: (239) 254-0318 Cell: (239) 248-5226 Fax. E-Mail Address: jeff.scottsuarez@yahoo.com 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.#: 64630000089 Section/Township/Range: 2 /49 /25 Subdivision: Unit: Lot: Block: Metes& Bounds Description: NE Corner of Section 2 13.739 Acres Address of Sign Location:2390 Vanderbilt Beach Road Naples, FL 34109 Olympia Park a Land Condominium, Unit 400, in Walgreens PUD Current Zoning: PUD Land Use of Subject Parcel: Commercial/Recall If a wall sign,length &height of wall upon which the Sign will be secured: ground sign Width of Subject Property(road frontage): 874.11' Vanderbilt Rd. / 156'Airport Rd. 6/4/2014 Page 1 of 3 Co er County COLLIER COUNTY GOVERNMENT __JO NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX:(239)252-6358 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-f), pursuant to LDC subsection 5.06.08 B. On a separate sheet attached to the application, please address the following criteria: 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. 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. 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. 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. e) That the variance granted is the minimum relief that will make possible the reasonable use of the land, building or structure. 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. 6/4/2014 Page 2 of 3 A COI tier County COLLIER COUNTY GOVERNMENT __J0 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: Sign Variance Chapter 3 I. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application(download current form from County website) 6 E Pre-Application meeting notes Affidavit of Authorization signed and notarized 2 El Survey or Site Plan of Property 6 E El Location Map depicting major streets in area for reference 1 x [l Completed Addressing Checklist 1 [x� Once the first set of review comments ore posted, provide the assigned project 1 manager the Property Owner Advisory Letter and Certification Electronic Copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be 1 Q [] 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: ❑ Pre-Application Meeting:$500.00 O Sign Variance Petition:$2,000.00 O Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 The completed application,all required submittal materials,and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN:Business Center 2800 North Horseshoe Drive Naples,FL 34104 As the authorized agent/applicant for this petition,I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information ma ult .the delay of roces his petition. '._ f/ r „ r 9.29.14 Ap icy t Signature Date Jeffrey L. Scott Architect Printed Name/Title 6/4/2014 Page 3 of 3 _._._._. ?/15/::;w7+ GROUND SIGN 55,t5dwq 4' itt 111 II M f( tri CO �y 3 ? t } v o tcm0 �� te,d iii4p g01 . :.., -I'-'7:- ° s Ii L lc = z Z J �, j y Y to I ,} Nip i L� �rft° 1 g V r 7o i I 1 d I 1 w 1. F j I y p; X ► 1 ,> 316-0 i p.- r.:, , i to "-`' LA CID ? x3 _ jia_r,v C/ nr �N/� y j r 'g 11,1:I-s A" n ( t 5 s »�-=Vic-:-- THE 'i- F EXISTING POLE SIGN ON VANDERBILT ROAD JEFFREY L. SCOTT ARCHITECT ti f . 111® wig ...i.<Y`::- ,„4.-. „--.,, -4 ` a-- NC RE BA Nic oi,srilpsJ NIttl}..11 1'1r. .iR3 liMiNISMINImagimmiimpowwwwwww,"mmismimmumpiemmumk... 4' 1 1 1 1 AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-72,of the Collier County Land Development Code, I did give notice by mail at least 30 days after receipt of letter indicating that the application is sufficient to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a variance or parking exemption. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change. Per attached letters and or property owner's list,which are hereby made a part of this Affidavit of Compliance. et Fah (Signature of Applicant) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this f If day of 2015 by. _. . ,. �„, - r C t k,fy- ,who is personally known o me or who has produced - as identification, (Si41111. 10110P ature of Notary public) /L r �- /4C W C r�/ (Notary Seal) Printed Name of Notary 414" MINOAKLp romo 7'•h' gM(Ps1 HoOuY4: AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) sv-P12o14000sao I, C.Robert Marcum (print name),as Merreping meow (title,If applicable)of Lobs crra"orka of Naples,«c (company, If a licable),swear or affirm under oath,that I am the(choose one)ownerED applicant EJcontract purchaser and that; 1. I have full authority to secure the approval(s) requested and to Impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Jere,r Swit.Archtwin 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(LC.), 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, 1 declare that I have read the foregoing Affidavit of Authorization and that the facts stated In it are true. Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to(or affirmed)and subscribed before me on 0/26116 (date)by C.RobertMaram (name of person providing oath or affirmation), as wh personally know✓ me or who has produced (type of identification)as identification. -•, Ack ,41 STAMP/SEAL Sig =tureof sta •ublic ,02.. MAAd (;4Y CtN 1 IL L YY961tf WIRES:Away 3110 ',+Orrc 106NIThvIVO MaySerAcei C114s-cOA-40115\155 REV 3124/14 G THF May 22, 2015 Nancy Gundlach,AICP Principal Planner, Planning&Zoning Department 10 Growth Management Division ` ('` 2800 North Horseshoe Drive JEFFREY L. SCOTT Naples, FL 34104 ARCHITECT Re:Ground Sign Variance SV-PL20140000590,Lotus Gunworks of Naples,LLC, "The Alamo",2390 Vanderbilt Beach Road,Naples,Florida 34109 Dear Nancy: This is a request for a permit to install signage for a recently completed building the Alamo Range/ Lotus Gunworks of Naples, LLC. The site location is west of Walgreens Drug Store and east of the Agave Restaurant in the Olympia Park Plaza, part of the Walgreens PUD(ordinance 99-53). The variances requested are first,to install a ground sign north of the building adjacent to Vanderbilt Beach Road and second,to install 6 wall signs totaling 60 square feet on the north elevation of the Alamo building. The adjacent buildings shield the Alamo building from view and the ground sign is being sought to assure the proper identification of the building/business in the event of emergency. The ground sign will be harmonious with the neighboring commercial sites and neighborhoods and is being sought to promote public safety. The applicant also seeks to add six wall sign that describe the operation of the business. The applicant is seeking relief from the code which encourages signage that maximizes area in a contiguous geometric shapes. The building is modeled after the Alamo building and as such has specific architectural elements that developer desires to respect and enhance. Architecturally the building does not lend its self to as single large sign due to architecture and embellishment on the front facade. The applicant is requesting a variance that would allow the words, "Guns", "Range","Archery"and"Training"in locations across the north facade that respect the stepped design of the famous Alamo building. The total signage requested is 60 square feet,where the code allows for 200 square feet of signage. Sincerely, `Je rey L.Scott Architect AR. 10158 Jeffrey L.Scott Architect 2390 Vanderbilt Beach Road Naples, Florida (239)593-0232 ,fr 4 m z b1 i e C".4 �Ef-.1;Alki—,1 '' ; . k fff # ` " ,lzal : ‘,1 . con • ‘0 Z �-V/ "MI — -' , , • E.--, ri.2:1 , � ��......yy.. as4 0 y 1 ► ""1 -I- E.4. [. ,...4 Z ..., imemul c, 4it en 00. T"'"."4 ilmogi rel 4i ria--— ---z-l— . :4„ „ati 1 ril jh!W7 �,....� '< 44 ".. ..... ,tet.. .�...._t r yr ` „, , 01111 , ,I ,....4 L404 <1.—) .,‹ — I: -: c` t/! I J'!- lii( j ..< A I i g ig24 1 Z 4 ti� 4 Illjt sII� s 1 ir r,2, .,,,,_ _,,„ 4 , 4,-,gra 1 1 -7, „lin i , Fri "Ijiji .. w ...: it sE l ry.l, V 1�`"Y • U TIIE r May 22, 2015 JEFFREY L. SCOTT Ground Sign Variance ARCHITECT Lotus Gun Works 2390 Vanderbilt Beach Road Naples, Florida Dear Reviewer, PETITION NO. SV-PL20140000590 —Lotus Gunworks Naples, LLC requests a variance from LDC Section 5.06.04.F.1, which requires a minimum separation of 1,000 feet between pole or grounds signs on multiple-occupancy parcels, to instead allow a minimum separation of 250 feet between one pole sign and one ground sign located along Vanderbilt Beach Road, and a minimum separation of 775 feet between one ground sign located along Vanderbilt Beach Road and one pole sign located along Airport-Pulling Road; and from LDC Section 5.06.04.F.4, which limits a 25,000 square foot building in a multiple-occupancy parcel to one wall sign with a maximum sign area of 200 square feet, to instead allow six wall signs with a total maximum sign area of 60 square feet, for Olympia Park a Land Condominium, Unit 400, located within the Walgreens PUD, Ordinance 99-53, in Section 2, Township 49 South, Range 25 East, Collier County, Florida. The request is for a sign variance for a new building called the Alamo being constructed by Lotus Gunworks. The site location is behind a Walgreens Drug store and next to the Agave Restaurant. The minimum variance is being requested to install a ground sign on the Vanderbilt Road side of the site. The existing site is compact and a sign variance is needed to identify the project's location to the community. Page 1 of 4 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. Reply: Two Olympia Park entry signs exist and are shown on an attachment. This is a request for a variance to permit a new ground sign 250' away from the existing Vanderbilt Entry sign. An existing sign spelling "ALAMO" with an area of 13 s.f. and a "Star" with and area of 8 s.f. have been installed on the north elevation of the building and a photo of those signs are attached. The variance for the new wall signs spelling "ARCHERY" (11 s.f.), "GUNS" (6 s.f.), "RANGE" (8 s.f.), and "TRAINING" (11 s.f.) is being requested to allow the words to be spaced apart on the north elevation. 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-f),pursuant to LDC subsection 5.06.08 B.On a separate sheet attached to the application, please address the following criteria: d) 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. Reply: The other existing buildings shield this business from view and the ground sign is required to correctly identify this location in case of an emergency. This building contains indoor shooting ranges and it is important that EMS have a clear ground sign that signals the building location in case of an emergency situation. 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. Reply: The other buildings in this district have ground signs. FCB bank on Vanderbilt Road has a ground sign across Vanderbilt Road from this site. Page 2 of 4 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. Reply: Two Olympia Park entry signs exist and are shown on an attachment. This PUD has been designed with a compact footprint. This ground sign is necessary to identify the building location and the existing signs are already filled with tenant names leaving no place for the Alamo sign except on a ground sign. 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. Reply: The other buildings in this district have ground signs. FCB bank on Vanderbilt Road has a ground sign. e)That the variance granted is the minimum relief that will make possible the reasonable use of the land,building or structure. Reply: The single proposed ground sign is the minimum size needed to safely identify the building location. e) 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. Reply: The ground sign and wall signs shall be harmonious with the neighborhood and the intent of the zoning code and will promote the public safety. The wall signs are below the area permitted when the blank wall area is excluded. Page 3 of 4 The other existing buildings shield this business from view and the ground sign and wall signs are required to correctly identify this location and the function inside the building in case of an emergency. The ground sign and wall signs will be harmonious with the neighborhood and the intent of the zoning code and will promote the public safety. It would be an undue hardship to not allow adequate signage for this project that identify this building. It is a safety concern to make the identification of this building as clear as possible for first responders and safety workers. Attached are the site plans for this project and the sign descriptions. Thank you in advance for your consideration of this matter. Respec fully)ubmitted, r 1/1 ' &5tilt- Jef ey L Scott Architect AR 10158 Page 4 of 4 liaimilimilliftlirierd ilmri . Xi tl \ tr J7, C LL . lv— H"C -i- 0 .e 1 vs tZ 0 -4 PO X I cii cTi x - 0 0 c Z'll n 0 .; z . z Z ci) ti z —3 0 - • • XV C4 tt X RI Ow Ca 0. ank ,2• ,., i .4 143 IP rf z . LA z 0 . m c 1101111N v, c . ,..t., • ---.. k-i.d = • . 1 4:t . CCP > H tit (0) (.11 ir 0 z . > 01 o _1 .. .c.4 1 T 0 tt — li rpri . m 1- > -I-- na Pri 1 C) z, -it in ::: cr. • i CD ci) > 0-1 n Z > °2 - •.-... t-, 0 , I I CI C4 e-- -0 k.. .-••• •r•••, cn rii tr = • C.) 1) Z 5)— 4 / / / 1---- / 1 ,— 0" ; g ',„ iimplio SCUPPER cn ti ; , lullio, „lilt PPER DIMENSIONS FOR FLAT ROOF PARAPETS - ;,'---"-- a Alli,:io;14! • LOTUS GUNWORKS IFJEE ii- 1 0 , ' '. . 1 fl. 3;0:110 li;,1, ::- .., so* ....0 2390 VANDERBILT BEACH ROAD NAPLES,FLORIDA Olympia Park Owners' Association, Inc. c/o Meldon Consultants 4949 Tamiami Trail North Suite# 201 Naples,FL 34103 April 4, 2015 SUBJECT: Approval to Install Sign on Common Area Property Mr. C. Robert Marcum, Manager 2390 Vanderbilt Beach Road, LLC 2390 Vanderbilt Beach Road Naples, FL 34109 Dear Mr. Marcum: The Board of Directors of Olympia Park Owners' Association, Inc. has met to review your request to install a sign. The request was to install a sign on the common area property of the association in front of your building facing Vanderbilt Drive. Your request is hereby approved.with the following stipulations: 1.) The sign must meet all Collier County Code requirements and be as of the design and size submitted to the association with your application letter. 2.) You or your successor(s)continue to abide by the Easement and Maintenance Agreement for Signage with the Association as signed by you on March 25,2015 and recorded and on file with the Collier County Clerk of Courts. Failure to continue to meet the terms stated above will result in the immediate revocation of this approval. FOR"l1-1F 3OA,F1)Olfl DIivi()RS_ pet Scott 1 Trutcfj Presi ht,_ ..........._................... • • SIGN VARIANCE PETITION PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST Pim 120 t4 . b Date: . 1irne: Id •bef3Assigned Planner: * A� . + ak Project Name: AA. ' . Project Addr/Location: : Mi.ttr: �:e - it :Lir* 06111 : ' Phone: Applicant Name: W �* �� �-- • Firm:. Current caning: 1FL)D $ ",� . ..:', Owner Name: , Owner Address:_.._ Phone: Meeting Attendees: (attach Sign In Sheet) NOTES: G:\CDES Planning Services\Current\Pre-Application Forms 2011\Pre-app Forms-JUNE 2011\SV Sign Variance Pre-Application June 2011.doc revised: 8/5/02, rev.6/21/11 • SIGN VARIANCE PETITION (SV) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. #OF NOT COPIES REQUIRED REQUIRED { REQUIREMENTS form) II 1111111 II II Completed Application (download from website for current 12 Pre Application meetm9 notes ,,., � � Su mpleted Addressing Checklist, Signed by Addressing,Department I I L.-- Survey or Site Plan of property depicting the following: �1 2 1 All property boundaries & dimensions / North arrow, date and scale of drawing j -. / All existing and proposed signs (labeled as such) i 1 Existing sign setbacks and proposed sign setbacks j Owner/Agent Affidavit signed & notarized 1 r Location map depicting major streets in area for reference ( I FEES: j, 1 Pre-application Fee $500.00 (Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required.) Review Fees: ® $2000.00 Sign Variance ® $50.00 Fire Review Fee ❑ After-The-Fact Zoning/Land Use Petitions 2x the normal petition fee ® $925.00 Estimated Legal Advertising Fee- CCPC Meeting ® $500.00 Estimated Legal Advertising Fee- BCC Meeting (any over-or under-payment will be reconciled upon receipt of Invoice from Naples Daily News). OTHER REQUIREMENTS: ❑ CI Agent/Owner Signature Date G:\CDES Planning Services\Current\Pre-Application Forms 2011\Pre-app Forms-JUNE 2011\SV Sign Variance Pre-Application June 2011.doc revised: 815/02,rev.6)21/11 i PUBLIC PARTICIPATION REQUIREMENTS LDC 10.03.05 F.3. "Any applicant requesting variance approval or parking exemption approval must provide documentation to the planning services department indicating that property owners within 150 feet of the subject site have been advised of the extent and nature of the variance or parking exemption requested within 30 days of receipt of a letter indicating that the application is sufficient." Applicant must submit a Property Owner Advisory Letter certifying that the property owners within 150 feet of the subject site were notified. Letter must have property owners list attached. Property owners list must be submitted after initial staff review and comment on the application and before the Public Hearing is scheduled with the Collier County Planning Commission. G:\CDES Planning Services\Current\Pre-Application Forms 2011\Pre-app Forms-JUNE 2011\SV Sign Variance Pre-Application June 2011.doc revised: 815/02, rev.6/21/11 Al ?It 63., 1 ,.. 8 en ,en ,w ' . .. xe V z Q IAy, r'i >i i Ss' 21ti , W � 1 J£ 0 $ .....1 t y' t.$ r Ji .Y �Y:.Ct§ � +4n J� { "' ".i: f r F `F1 .i. y£ .'� ..=, y =_ w' V j ,,, �a— 1 c 4 > G z. .+,. J. ,. rz J a r $, , ✓ max _� 1 r � : --, :..i.A; �� rw` '- 7,`- ==. c i '� � i'' `- ▪ ' z c.. q , S • C(d J °,.yf -.,�O,y1,4�' •Jj „^Y6 t, .I ,,,�'I gyp`" 3 G3 E x,,{ �,f J .'J W rd VIII! • 43i 5,1 g V a aj : 3 c , d lZc E E . 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X 7-1 o L' ,:3' . a ,, n Jit y v ; ..� ., _ rte' 7t 7, 'e. o0 a 43 c i... 7. ro !k • 3 $j • s 3 £ r $ y eJ 5 a >, = O Ccs' er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239)252-5724 WWW.COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre- application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC (Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans & Plat Review) VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL/ DESCRIPTION jof subjectpropertyor properties(copy of lengthy descriptionf}� may bbe~a�tttached)�J j C xw1�'1.r +rt,v-?C /R- 1'4`Pe <'_t +'tv�e,£�c 111 I4 F LiJ at 1 tio10 Q 1 "7,9 / 21 - FOLIO(Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 14 JOOMO C9 STREET ADDRESS orr/ADDRESSES (as applicable,/ if already assigned) 1/a ,3Po *aCPr 6 (T1 �a e 4. f`a • 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) ,L cit t.S ti W o r S 6 CCh PROPOSED STREET NAMES (if applicable) J J SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR o PQ# ;o1.21,(361366— SV- PL20140000590 REV: 1 ALAMO GUNWORKS DATE: 7/8/14 DUE: 7/22/14 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) 252-5724 WWW.COLLIERGOV.NET 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 ElAPPLICANT NAME' �i PHONE 3' 6 FAX 2-2 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 q�(/ FLN Number(Primary) C' /30600® OI Folio Number Folio Number Folio Number Approved by: AN.,ii re./T, 2^. Date: C--2 7 l ' Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED , Viwil, ' p 4,4 l' —- Iv Iiii.:It.-'4;41 k % 14 71:4 4'' 'ill; - ' 'lks.)'''74.... }-e � 3 i membrii I I • a4. rI1t1I s k ..• i f / ; 13 lti{i_q C s'JI 1 !•0 1 = :i: .1111 I i.4 *I flb ! Jm 11 ir ,-. I te , Alk, ' r 1 4. ifs rt - i I