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HEX Agenda 09/10/2015
COLLIER COUNTY HEARING EXAMINER HEARINGS AGENDA SEPTEMBER 10, 2015 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, SEPTEMBER 10,2015 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING®ULATION BUILDING,2800 N. HORSESHOE DRIVE,NAPLES,FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WANED 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: August 13,2015 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. VA-PL20150000735 — Michael and Wendy Thomas request a variance from Section 4.5(h) of the Sleepy Hollow PUD, Ordinance No. 88-25, as amended, to reduce the minimum rear yard accessory structure setback line from 10 feet to 6.11 feet to allow for an existing pool screen cage enclosure and a proposed patio screen enclosure expansion that encroach 3.89 feet into the rear setback on property located at Lot 167, The Crossings, Mills Run in Section 2, Township 49 South, Range 25 East, Collier County,Florida.(Coordinator: Rachel Beasley,Planner) 5. OTHER BUSINESS 6. PUBLIC COMMENTS 7. ADJOURN August 13, 2015 HEX Meeting TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY HEARING EXAMINER Naples,Florida August 13,2015 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: Raymond V. Bellows,Zoning Manager Fred Reischl,Principal Planner Eric Johnson,Principal Planner Heidi Ashton-Cicko,Managing Assistant County Attorney Page 1 of 14 August 13,2015 HEX Meeting EXHIBITS DESCRIPTION PAGE Petition ZVL-20150000829 A- Staff Report 5 B-Legal Advertisement 5 Petition CU-PL20140000998 A-Staff Report 11 B-Legal Advertisement 11 Petition VA-PL20140002328 A- Staff Report 38 B -Legal Advertisement 38 * * * * * * * PROCEEDINGS HEARING EXAMINER STRAIN: Good morning, everyone. Welcome to the Thursday, August 13th meeting of the Collier County Hearing Examiner's office. If everybody will please rise for Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) HEARING EXAMINER STRAIN: Thank you. Some 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. The next item up is review of the agenda. Today's agenda we have three advertised public hearings. The first one for discussion will be Del Mar retail center;the second will be the Diocese of Venice,which is the Church of Guadalupe in Immokalee; and the third will be a petition by Paul Wassberg for a variance to a rear setback. There are no changes to the agenda. Approval of prior minute meetings. We don't have any for approval, so we'll dispense with that,and we'll move directly into our advised public hearings. ***The first one up is Petition No.ZVL-20150000829. It's the Del Mar Retail Center Condominium Association for some additional conditional -- comparable and compatible uses review for the commercial component of that particular PUD. All those wishing to testify on behalf of this item,please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) HEARING EXAMINER STRAIN: Now,this is for the Del Mar center right here. We'll go through the same request when we get to the other ones. And,Bob--did any members of the public stand for this--are here for this particular one,the first one that's on the screen? (No response.) HEARING EXAMINER STRAIN: Okay. Bob,I won't need a formal presentation. MR.MULHERE: Okay. Good. HEARING EXAMINER STRAIN: But as I've -- and I'll go through my disclosures right now, as soon as I bring them up. MR.JOHNSON: Mr. Strain? HEARING EXAMINER STRAIN: Yes. MR. JOHNSON: I did see some members of the public that may have stood up for this particular item. Page 2 of 14 August 13, 2015 HEX Meeting HEARING EXAMINER STRAIN: I did, and that's why I mentioned this will be the only--this is the one we'll be talking about now. MR.JOHNSON: Very well. HEARING EXAMINER STRAIN: I think they were standing up for the next one. MR.JOHNSON: I think you're right. HEARING EXAMINER STRAIN: Okay. Disclosures: I've read all the files. I've also reviewed the history on the project. I've talked with staff,and I have met and talked with the applicant several times, including this morning. As far as the exhibits go,Exhibit A will be the staff report. Exhibit B will be the legal advertisement. This project is off Davis Boulevard just past Santa Barbara on the north side. It's a retail center that's existing,and there's the general location. Currently the PUD allows a series of uses. They're listed here 1 through 18. Those uses are from an older -- they're an older PUD. Instead of using the references to code designations, they are just general statements. As a result, the applicant wanted some clarification on what else would be covered by these statements. They asked for comparable use analysis. It came to the staff. Staff has approved it with some conditions. These are the comparable uses requested. I have reviewed it, and I have a few questions of Mr. Mulhere this morning,and then maybe some of staff. Bob,did you have a--I don't need--since nobody from the public is here for this issue,you don't need to make a formal presentation. Is there anything you want to add to the record? MR. MULHERE: The only thing I would add to the record-- for the record,Bob Mulhere-- is that we -- in some discussion with staff back and forth, we have drafted some language which would put some limitations on the total size of these uses,and I'm happy to hand that out. HEARING EXAMINER STRAIN: If you want to hand it out; if you've got a copy for the court reporter, that will be fine, and especially the staff members and the County Attorney, then we'll have to read them for the record. You're welcome to some. Terri was nice enough to bring those in. MR. MULHERE: So what this does is,I think it does clarify SIC Code 0752 limited to pet daycare, boarding, and pet grooming, comma, indoor only. We had put a restriction on outdoor kenneling, but if we say indoor only,that covers everything,so I think that's more restrictive. HEARING EXAMINER STRAIN: Okay. MR.MULHERE: And then we put a notation that would relate to all of these uses that would limit all of the uses with the exception of the fitness facility and gym or the judo and karate. So all of the uses with the exception of SIC Code 7999 and 7991,as expressly identified,would be limited to 20 percent of the--for each use it would be limited to a maximum of 20 percent of the gross square footage of the shopping center. We went a little larger on the gym fitness facility indoor--the other indoor recreation uses because we have experience with these fitness--physical fitness facilities/gyms. There's one in another property that my client,Chris Shucart,owns that is 6,000 square feet. So we went a little larger with that one. HEARING EXAMINER STRAIN: I did notice that you don't have a cap on the square footage for the commercial in this PUD,and so I guess it's limited based on the amount of parking-- MR.MULHERE: Physically. HEARING EXAMINER STRAIN: --and the setback standards? MR.MULHERE: Yeah. It is physically limited. HEARING EXAMINER STRAIN: That's rare. In the older PUDs it happened, but it doesn't happen any longer. You may have resolved most of my questions that I have. Let me look through my list to make sure. And I did notice in the staff ZVL zoning verification letter that was provided by Mr.Bellows he had referenced that your request states that these uses are limited in size and scale. That's why I had asked for the references to the percentages, because I didn't see it in the staff report. From now on, if those kind of comments are made in a narrative by the applicant or as a result of staffs response, I think they need to be clarified so that they're in the record. Page 3 of 14 August 13, 2015 HEX Meeting MR.MULHERE: They're measurable. HEARING EXAMINER STRAIN: Right. And they are today because of what you've done, so thank you. Make sure I have all the reviews. That's all I have, Bob, and I think that gets us to most of the questions I had as to what you've just provided. MR.MULHERE: Okay. HEARING EXAMINER STRAIN: Thank you. With that,I'll ask for staff report. Is there a staff report? MR.REISCHL: Thank you,Mr. Strain. Fred Reischl with the zoning division. Staff has talked to Mr.Mulhere, and we agree with the changes,and we recommend that the Hearing Examiner affirm the decision by the Planning Manager. HEARING EXAMINER STRAIN: Thank you. And is there any members of the public wishing to speak on this item? (No response.) HEARING EXAMINER STRAIN: Okay. Ray,what I'll probably do--you've already issued your zoning verification letter, and it's complete. When I write the decision up, I will include some of these particulars in that decision as a reference in addition to your zoning verification letter. That way you're not rewriting it or amending it. MR.BELLOWS: No. I think that's the best way to approach it,because the HEX determination will be made part of the PUD document as well. HEARING EXAMINER STRAIN: Okay. Thank you, all. And I'll render a report in this particular case, and all of them today,we're probably going to take about two weeks to get the decisions out. There's been a change in personnel, so it will take a couple weeks to get everything completed. MR.MULHERE: Thank you. HEARING EXAMINER STRAIN: So thank you for your attendance today,and I appreciate it. The next item up is petition -- John? My microphone keeps going in and out, folks, so if you can't hear me,I apologize. We'll just keep moving forward. ***The next item up is Petition No. CU-PL20140000998,the Diocese of Venice in Florida,Inc.,and it's for the Church of Guadalupe in Immokalee. All those wishing to testify on behalf of this item,please rise to be sworn in by the court reporter. If you think you're going to want to talk to this, you don't necessarily have to, but if you think you might like to,just please stand up,and we'll swear you all in. (The speakers were duly sworn and indicated in the affirmative.) HEARING EXAMINER STRAIN: Okay. Let me get the right case brought up. We do have some clarifications on this particular case today. First of all,my disclosures. I spoke with staff, I did speak with Commissioner Nance,I have spoke to some of the representatives of the applicant on this case, and I've reviewed all the files both in the packet and elsewhere that I could find. There will be two exhibits for the record.One is Exhibit A;it will be the staff report. The second will be Exhibit B; it will be the legal ad. And with that, if you want to introduce yourself, sir. MR.WARD: My name is R.J.Ward. I'm with Spectrum Engineering,and I'm representing Diocese of Venice. HEARING EXAMINER STRAIN: I will have some questions. Let me run through a little bit of a breakdown on this project so that everybody here can be orientated. And if you need me to refer to any of these slides--because I'm going to ask that you make a brief presentation because so many of the members of the public are here to hear about this. This is the general location of the conditional use. This is the new proposed plan. There's two buildings, and they're going to intermix them with the existing buildings, some parking areas onto the west side. And one of the things I noticed is the plans that I got in my packet weren't reproducible too well,and I Page 4 of 14 August 13, 2015 HEX Meeting know that staff had asked you for a cleaner plan. This one came in electronically.Before the decision's issued, I'll need a plan that can be copied and still be legible. So just keep that in mind as we go through and finish up here with this discussion today. MR.WARD: I sent a plan to Eric Johnson yesterday. HEARING EXAMINER STRAIN: Okay. MR. WARD: I was a little surprised,in fact,not to see it up on the screen there. HEARING EXAMINER STRAIN: Well, I can only do so much so fast, so -- I put these together usually a week before the meeting, and then Eric sent me this one. That's the one that I received from Eric yesterday. And,again,I had suggested we possibly take the text and put it on a separate sheet. MR.WARD: We did that. HEARING EXAMINER STRAIN: To the extent it's needed, okay. And then I'll probably see that sooner or later. And then there are a series of staff recommendations, and we'll move into the rest of the stuff in a minute when I get to Mr.Banks for some clarifications. So with that, if you'd like to provide a presentation so that the audience and we can understand what you're doing,I'd appreciate it. MR. WARD: Okay. Well, a little bit of history. Our Lady of Guadalupe has existed on this site since about 1961. The existing main church was built in about 1988. The new church that's labeled the proposed sanctuary there is actually on the site of the original church,which is known as Sanders Hall,which is serving as a parish hall now,and it will be razed to make way for the new church. The sanctuary and the pastoral center are being separated simply because there was not enough room to put it all in one building. The pastoral building is primarily classrooms. And the new church will have 1,050 seats. The existing church has about 650 seats,so there's a lot of additional parking that's being requested. We have also submitted a request for an administrative parking reduction,because the parking area in the rear is used for the annual festival, and the landscaping and curbing and that sort of thing would interfere with that. We're still pending anything on that. So we can--we're hoping that we won't need to do as much parking,but we can get the basic required parking on the site if need be. HEARING EXAMINER STRAIN: When you did your parking request,did you review or take into consideration that there's a series of interim deviations in effect for Immokalee,that some do affect parking? And I don't know if you were aware of that. It's not a widely know issue,and I've found that a lot of folks who come here don't even know that's available to them. MR. WARD: Yes,we were aware of that. HEARING EXAMINER STRAIN: Okay. MR. WARD: It provides for a 10 percent reduction. HEARING EXAMINER STRAIN: Who's processing that? MR.JOHNSON: (Raised hand.) HEARING EXAMINER STRAIN: Eric? Okay. Okay. I have a series of questions. Some may be of you, and then I do have some of staff, and certainly of Mr.Banks;I saw him somewhere in the crowd. Ah,okay. So let me move through those. And first of all, since you're representing the applicant, have you reviewed the staff recommendations that are part of the report? MR.WARD: Yes,I have. HEARING EXAMINER STRAIN: Do you have any objections to them? MR. WARD: I had some comments about the recommendations. HEARING EXAMINER STRAIN: Okay. Now's a good time to bring them up,so-- MR. WARD: Okay. We had five conditions at the end of the staff report that were recommended. We had some comments to make on numbers 3,4,and 5. HEARING EXAMINER STRAIN: Okay. MR.WARD: Number 3,no buildings or structure associated with the church shall--church use shall Page 5of14 August 13, 2015 HEX Meeting be permitted within the area of the site zoned P,existing,and/or any proposed off-street parking and vehicular use areas are allowed. HEARING EXAMINER STRAIN: That's that square down in the lower right-hand corner,and that's the only part of the project that refers to. MR. WARD: Yes,that's correct. HEARING EXAMINER STRAIN: Okay. MR. WARD: In the process of preparing for this conditional use petition, I asked the County Attorney where did that come from,and he sent me a copy of the resolution,and it's 2000-92,I believe. And it says this was one of 16 park sites that were zoned P,which I presume stands for public use/park. At the time this was just as you see it; it was a church parking lot. As far as we've been able to determine,the church and/or the diocese was never notified of this zoning change. We think it's a mistake. We think some other site was intended to be rezoned,and it was put here by mistake. We've managed to work around it. We're not changing anything in that area,but it was kind of a thorn in our side a little bit. We request that somebody take a look at this and see what was actually intended in that resolution, because we suspect that there's a park site that size somewhere else that didn't get zoned P that should have been back in 2000. HEARING EXAMINER STRAIN: Okay. Well, while we're on that particular item then, let me refer to staff as far as -- well, first of all, if it's zoned P and it was exempted from the conditional use application,as far as changing its zoning,we're not able to do that at today's meeting,but that doesn't preclude us from taking a closer look at it or finding out if staff has any familiarity with that particular action. Eric? MR.JOHNSON: Mr. Strain,Eric Johnson,principal planner with the zoning division. I don't have any knowledge on the history of the P zoned parcel or P zoned portion of the property. That's something that I would have to get back to you on. HEARING EXAMINER STRAIN: Ray,since--Ray has been here since the beginning of time. So Eric,actually,has only been here,what,a few months or six months? MR.JOHNSON: Three months. HEARING EXAMINER STRAIN: Three months,okay.So maybe with some more history of Ray's, he might have some more knowledge of it? MR. BELLOWS: Unfortunately,I have not worked on this particular project before, so I don't know how the P got there, so we'll have to do some research. HEARING EXAMINER STRAIN: I'll tell you what, I will make a note right now, and I will make sure that that item is taken a look at, and I'll confer with staff after I've had time to look at its history as well. There might be a way to cure that that is simple. Hopefully that's the course. But in the meantime, Staff Recommendation No.3 would have to remain until that's cleared up. MR.WARD: We understand that. HEARING EXAMINER STRAIN: Okay. MR. WARD: We just wanted to-- HEARING EXAMINER STRAIN: Heidi,did you have a comment? MS. ASHTON-CICKO: Well, I just wanted to clarify from staff that they were requiring that condition solely because of the prior ordinance condition that they believe applies. HEARING EXAMINER STRAIN: Right, and that's what I -- I think that's what the gentleman understands. And we're going to leave the condition in place. In the meantime, I'll do some background looking into it,I'll confer with staff,and we'll see if there's an easy solution to the problem overall in the future, so-- MR.WARD: And we managed to deal with it. It wasn't a major issue,but at some time in the future it might be. HEARING EXAMINER STRAIN: And I might suggest to staff,Eric and Ray,if that turns out to be erroneous or if it turns out it wasn't properly applied and it shouldn't even be on that property,is there some way Page 6 of 14 August 13,2015 HEX Meeting we can look at changing your recommendation so that, should that be resolved in the future, that recommendation doesn't stick with the process for the property? MR.BELLOWS: I don't have a problem taking out Condition 3 now. It's kind of redundant because the P zoning district wouldn't allow for a church use anyways. HEARING EXAMINER STRAIN: Okay. MR.BELLOWS: And if that was,in fact,issued in error,then we'll have a revised zoning map which would not show that this property has P zoning on it. HEARING EXAMINER STRAIN: Okay. Well,that takes care of one of the five then. You've got two more,I understand. Thank you,Ray. MR.WARD: And if that P zoning was justified,I'm curious to know,you know,what the--what the rationale was. Number 4, for worship services and other events of significant traffic generation, as determined by Collier County staff,the property owner shall provide traffic control by law enforcement or a law enforcement approved service provider as directed by Collier County staff with staffing and at locations as directed by the Collier County transportation administrator or his designee. The only request that we have here is that, if possible,volunteers be allowed to direct traffic, because the paying off-duty deputies or people like that is a significant expense for the church. HEARING EXAMINER STRAIN: And I honestly don't know how that's arranged through our--I've seen this clause periodically in church applications.Eric or Ray? MR.JOHNSON: Mr. Strain,that comment originated with our transportation planning staff.I would actually have to defer to Mr. Sawyer on that one. HEARING EXAMINER STRAIN: And Mike is here,good. Mike, if you don't mind sharing the microphone. MR. SAWYER: For the record,Mike Sawyer,transportation planning. This is, in fact, language or very similar language that we have on most churches, and what -- the reason for that is just so that in case there are transportation conflicts,you know,getting people in and out of the site during services and other special events, that we actually do have law enforcement professionals or agencies such as that at those key locations. Internal to the site we don't have any problem, certainly, with, you know, church volunteers helping to direct traffic within the site. What we're primarily concerned about are those critical access points,especially on a local street such as this. HEARING EXAMINER STRAIN: Well,if someone's on a public road being directed by a non-law enforcement personnel,there might be a contingent of liability there for the church that you may not want to take on. And I'm not sure the county would want to see that necessarily happen. On site, I don't think there's a problem.That has been a standard. And how often,Mike,do you know if it's been exercised or not? MR. SAWYER: It really is dependent on the conflicts that we actually wind up finding at those churches. Honestly, it's something that most churches actually,you know,find that is necessary just for their parishioners,you know,attending the church,being able to get their people in and out. HEARING EXAMINER STRAIN: Well,this is determined by county staff. How would you make that determination? Because Immokalee, predominantly people do a lot more walking there than they do along the urban area. I know churches like St.Peter's,who came in here a couple of weeks ago,had to use law enforcement personnel for their traffic control, but they were in a congested urban area where most of the attendees were driven. In Immokalee we know it's different. There's a lot of people who use bicycles. They walk to church. And I'm just wondering if you ever have experienced or know how often anybody's ever been called out for this location,or maybe the applicant can tell us,because I doubt if they've had to be too concerned in the past. MR. SAWYER: And,in fact,they may not be.Basically,it would basically be complaint driven,and at that point staff would go out,you know,take traffic counts and observe and then make recommendations. HEARING EXAMINER STRAIN: Okay. I appreciate your comments,Mike. Thank you. Do you know how often the church has needed to have traffic controls since--I'm not talking to Mike. Page 7 of 14 August 13,2015 HEX Meeting I'm talking to you,sir. I'm sorry. Your name again? MR.WARD: J.R. Ward. HEARING EXAMINER STRAIN: Mr. Ward, do you know how often the church has had traffic control personnel from the law enforcement division out there to control traffic for their services? MR.WARD: I don't know. HEARING EXAMINER STRAIN: Okay. I'm suggesting it may not even be an issue that rises to a level of much of a need as time goes on, and I also would support the fact that if you're on -- if you're controlling traffic on public roads, from a liability perspective, it would be probably wiser to let experienced law enforcement personnel do it than church volunteers,but-- MR.WARD: Okay. Mr.Banks reminded me just to let you know that this is local,not a collector or an arterial. And he says in his experience often volunteers using high-visibility clothing direct traffic on local roads. HEARING EXAMINER STRAIN: And based on the fact that it probably hasn't occurred yet, I would doubt if this is going to be exercised too much. It would be in those cases where the county found it absolutely necessary. So I think we ought to move on to the last one. MR. WARD: And the last one, upon submittal of an SDP, include additional gore striping at the southerly driveway to better separate the inbound versus outbound lanes. And this was a comment on our initial--on our initial review. And we added that gore striping to the conceptual site plan.And so it's kind of redundant to require still more. And so I'm presuming,since we got no further comments,that the striping that we added was adequate. HEARING EXAMINER STRAIN: And I'll have to ask our traffic reviewer if they agree or if they've seen it,or what the intention was. Mike,I guess that would fall on your lap again. MR. SAWYER: Again,for the record,Mike Sawyer,transportation planning. I believe that that was actually a condition that was initially put onto our review comments by the reviewer at that time. You know, the gore striping is definitely something that you need to have as far as directing traffic in and out. What I'm looking at on the most recent master plan appears to be correct. The assurance with that particular condition would be just as a double-check for our site plan reviewer at the time of the SDP coming in. At this point I do not see necessarily that it absolutely has to be a condition. It's basically at this point just a double-check. HEARING EXAMINER STRAIN: Could you take a look at the most recent plan and then,over the next week, get back to me by email or some other written form whether or not the plan they submitted makes this a redundant request or one not needed any longer? Or if it is,we'll just include it based on whether or not they've addressed it adequately in what they've submitted. Will that work for you? MR. SAWYER: Most definitely;be happy to do that. HEARING EXAMINER STRAIN: Okay. Mr. Ward, that takes us to the end of your three issues. Do you have anything else you'd like to add to the record? MR.WARD: No,sir. HEARING EXAMINER STRAIN: Let me see if I have any questions of you before you leave the podium.When you do write up or provide the separation,if you have--I know you've already submitted some additional exhibits to Eric. The words that are struck out on the right side as stipulated by the County Attorney,that doesn't need to be on the text that you finally submit. That's used as an exhibit to this case. MR. WARD: It's been removed. HEARING EXAMINER STRAIN: Okay. MR. WARD: I have copies of that if you'd like them. HEARING EXAMINER STRAIN: No. I think if you've provided it to Eric we're going to need a clean copy for backup to the decision,and as long as it's provided,it will be part of the decision record when it's done. Page 8 of 14 August 13,2015 HEX Meeting And I think my next questions all involve your traffic engineer who has been anxiously waiting to have his turn. MR.BANKS: Where is he? I don't think he showed up today. HEARING EXAMINER STRAIN: Thank you,sir. MR.BANKS: For the record,Jim Banks,JMB Transportation Engineering. HEARING EXAMINER STRAIN: Jim, it's always a pleasure to see you and to talk about different hats you wear every time you come before one of the boards. MR.BANKS: Yes. HEARING EXAMINER STRAIN: And I did go through -- and just let the audience and the applicant know, it's very rare that Jim's paperwork is not perfect, and this time we found a flaw. It was an inadvertent error, and he's provided the corrected documentation. And for the record I'd just like to explain what those errors are and then,Jim,you can respond. In the conclusion part of your TIS -- it was on the second page -- you made a statement that the church--Our Lady of Guadalupe will not have a significant impact on the surrounding road network. When I went in and looked at the various pages that were provided as backup to that,I found that the significant impact column was marked "yes," as we see on the right side. And on the left side I discovered why. It was for Tamiami Trail North. Now, I know you didn't do that intentionally. I know that was a mistake. We've talked about it. I do have to comment to staff, though. The next time packages come through in a completed format, I had been under the assumption that staff reviewed them before they were distributed to my office and made -- and distributed for public use. It would be nice to catch these before the public process so we haven't got to correct them as we are today. There were two documents that had -- actually three, Table 2A, 2B, and 2C, but there was a correct Table 2A as well in the same packet. And, Jim, if you just want to explain to us how that happened and that you've corrected it, I'd sure appreciate it. MR.BANKS: I will. And just for the record,I corresponded with John Podczerwinsky on this.He's the one that actually did the review on this.He did receive the correct document,and there was a minor change at the last minute. And for whatever reason,when I was compiling this document and putting it back together, I inadvertently picked up tables from a different project. Sometimes I have three or four projects on a table at a time,and I just inadvertently grabbed the wrong tables and put them in the document, scanned it, sent it off to our site engineer,told him to make the copies to submit to county staff,and here's the PDF. Everyone saw the correct document and everyone entrusted that I was going to recompile the document correctly and send it back in. So I submit to the Hearing Examiner it is not staffs fault. They saw the correct document. It was--it's all on me,and so I just want to make that record clear. Now,as of yesterday,with your sharp eye,you did flip through the document and see these errors,and I went ahead and transmitted a correct document to you. And there is a correct document in that file that John Podczerwinsky did review,and the findings and conclusions of that report did not change other than,again,the last-minute collation of this report;my scanning it and sending it out, it was sent with those errors. So I apologize. HEARING EXAMINER STRAIN: Thank you, Jim. You know you're never going to live this down. MR. BANKS: When I do something right, I claim it, and when I do something wrong,I'm going to claim it,too. HEARING EXAMINER STRAIN: Well, it's always a pleasure to work with you, Jim. So thank you for the clarification. And as far--did you bring any copies of the corrected document with you? MR.BANKS: I've got one if you want it. HEARING EXAMINER STRAIN: Could you provide it to the court reporter so she can include it as part of the record. MR.BANKS: I will. HEARING EXAMINER STRAIN: Thank you,sir. Page 9 of 14 August 13, 2015 HEX Meeting And that's the remaining questions I have at this time. So what I'll do is turn to the staff for a staff report. MR.JOHNSON: Sure. Thank you,Mr. Strain. I'm Eric Johnson,principal planner. Can you hear me? Yes. Staff reviewed the subject petition. It was a collaborative effort between Michael Sawyer and myself, amongst others. As you had rightfully stated or referenced in the other exhibit, the petition was duly advertised in the Naples Daily News on July 24th. Staff reviewed the subject petition in connection with the Land Development Code, the conditional use 10.08.00. Just for the record, the site has two zoning districts. It's RMF6 and P, and we're also going to take a closer look at the P zoned portion of the parcel. So I provided responses to each of the questions or the statements in the staff report.You've read them. I would like to clarify that in the staff report,as shown on the master plan,there are five points of access along Ninth Street South, and the staff report indicates that two of these access points would be eliminated. That's actually one would be eliminated. The other access point would be narrowed. And also there was,in the staff report,that the property was bounded by three roads. It's actually two roads, Ninth Street South being the only paved road. So I just wanted to clarify that, as long as we are clarifying things. But for the record, staff is recommending approval of the petition, and I'll be happy to answer any questions that you may have. One point that I'd like to make is that the petition is being reviewed with a-- I guess what we call a companion Site Development Plan application,and I also received an application for an administrative parking reduction. I expect that decision to be made either before your decision for this petition or shortly thereafter. That's all I have. I'll be happy to answer any questions. HEARING EXAMINER STRAIN: Thank you. And just to make it clear,I haven't reviewed any of the other submittals. I've only reviewed the submittals for the conditional use,so-- MR.JOHNSON: Noted. HEARING EXAMINER STRAIN: Okay. You've heard the questions I asked of the applicant and the traffic engineer. I don't have anything beyond that for staff. So with that,we'll go to any public speakers that wish to speak on this matter. If you previously raised your hand and were sworn in and would like to speak, please raise your hand now and now you can -- I'll be glad to hear what you've got to say. Anybody? Yes,ma'am. Come on up. Please identify yourself for the record. Oh,I'm sorry, sir. MS. BARNHART-SAUCEDA: Good morning. I'm Irene Barnhart-Sauceda. I live in a community of Immokalee. I am affected by the development. I have property within the deemed area that I received notice. Just here -- I've attend-- I attend Our Lady of Guadalupe. I've lived there for over 40 years. We've never had an issue, even with traffic, even with our annual fundraiser that we do have for our church. We've also managed traffic very well. We have outgrown the church we have now twice. We've outgrown it when we moved from the one we have, which became Sanders Hall, to our new parish, and now we've outgrown this one so much that it -- our community also deems that our schools have been amended. Our elementary schools had to be remodeled because our community is growing by leaps and bounds. We put a Band-Aid on a severed artery by,what do you call it,remodeling our elementary schools,but now we've had to build a new wing to our middle school. That's just to show that our community is growing. We have so many new people coming in. And that our new facility is needed; it is needed by our community, and it is welcomed by the people in the area. Like I said, I live in the area, so I know that it's welcomed,and it's not an issue for anyone there. So if that's on anyone's mind as a concern to the people in the community,no,it's a welcomed thing for us. HEARING EXAMINER STRAIN: Appreciate your-- MS.BARNHART-SAUCEDA: We're really waiting for it. HEARING EXAMINER STRAIN: Thank you. I appreciate your comments. And your last name Page 10 of 14 August 13, 2015 HEX Meeting was? MS.BARNHART-SAUCEDA: Barnhart-Sauceda. HEARING EXAMINER STRAIN: Are you any relation to Bernardo Barnhart? MS.BARNHART-SAUCEDA: Yes. HEARING EXAMINER STRAIN: I'm meeting with him this afternoon,so,okay. THE COURT REPORTER: Could you spell your name? HEARING EXAMINER STRAIN: The name sounded familiar. MS. BARNHART-SAUCEDA: Yes, it's B-a-r-n-h-a-r-t,hyphen, S-a-u-c-e-d-a. THE COURT REPORTER: Thank you. HEARING EXAMINER STRAIN: Thank you for your comments,ma'am. MS.BARNHART-SAUCEDA: Thank you for your time. HEARING EXAMINER STRAIN: Appreciate it. Yes, sir. SPEAKER: Good morning. HEARING EXAMINER STRAIN: Good morning. FATHER REYES: My name is Father Carlos Reyes. I am the pastor in Our Lady of Guadalupe. And we are here to present this project because, like Irene say for us, it's necessary for our community. The community is growing. Like you know,Immokalee,in the last 10 years,increase the population. Also of our community increased the number of people to attend. Our project not is only for the religious uses. The center is for religious,but the pastoral center also we use for many things for help the families and for help the community in many ways. We have a big youth group, and we try to prevent the drugs and other things. And we have the projects with the families to help the integration to the families on how to help,that the family don't have more problems in our community. Also in the center,we increase the faith of the people,but not only is it faith but is how can the--how can--the people can live better in our community. We need this space because we have a lot of people to attend it but also we have a lot of projects to help the community. And I think that the problems is less that they--the facts that we can help not only the Catholics but the community in Immokalee. And I agree, I believe in this project because it is helping the community in Immokalee. Thank you so much. HEARING EXAMINER STRAIN: Thank you very much.Appreciate it. Is there anybody else that would like to speak on this topic? (No response.) HEARING EXAMINER STRAIN: Okay. I've gotten all the information. We've heard all the testimony. A decision will be rendered within two weeks,and I appreciate your time and effort to come in and address this panel this morning,and so thank you for your time. And that will close this case,and we'll move onto the next one. Appreciate all your time. Thank you. AUDIENCE MEMBERS: Thank you. HEARING EXAMINER STRAIN: ***Okay. The next item up is Petition No. VA-PL20140002328. It's the Paul Wassberg variance request for Collee Court in Naples. And I'll show that. It's a pool setback variance. All those wishing to testify on behalf of this item,please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) HEARING EXAMINER STRAIN: Okay. Disclosures on my part,I've talked with staff,I've talked with the applicant this morning, and I know I was in the preapp when this previously came in. I've reviewed all the files not only supplied by the applicant but everything else that I could find and locate. Exhibit A will be the staff report. Exhibit B will be the legal ad. Are there any members of the public here wishing to speak on this matter? (No response.) HEARING EXAMINER STRAIN: Okay. Michael,I don't need a formal presentation. I do have a Page 11 of 14 August 13, 2015 HEX Meeting series of cleanup items to go over with you and questions,but let me walk through some of the graphics on this project. It's located right here kind of across from the government center down off-- behind the shopping center that's there on Haldeman Creek. This is the particular layout. The pool is shown at a zero setback, or pool and the screen enclosure,and it will be up against a 35-foot easement area or some kind of area that is part of the drainage of Haldeman Creek. These are questions I'm going to have, Michael, when we get into it,just cleanups. I know you've already addressed them. So with that,did you want to add anything to the record? MR.FERNANDEZ: No, sir. I'm happy to answer any questions you have. HEARING EXAMINER STRAIN: Okay. Then I want to go over the items that staff or Eric had probably told you about from yesterday or maybe the day before. One of the statements, it says John Pulling confirmed that the design provided the 35 feet as the backyards to the lots and provided access to the edge of the water canal. And that's fine, I understand what it says,but did you ever find an access easement? MR. FERNANDEZ: No, sir, we did not. And we did an extensive amount of research in that we went to a title company who then referred us to a title insurance expert and then who referred us to a specialist attorney that they use -- and this was Republic Title, Old Republic Title, so it's well known-- and then their attorney and another attorney. And, basically, we could not fmd -- it appears that the land underneath the 150-foot easement was owned by family members years ago.The property was encumbered with an easement to FDOT that included a canal with upland areas for maintenance on either side. Mr.Pulling's company is the one who developed the property on the north side. He also did it on the south side and two more subdivisions that are further downstream. The ones that were developed downstream were done a couple years after this one.In those they referenced access to the canal in the plats,and those plats were approved by the Board of County Commissioners. This particular plat did not. It talks -- obviously in the name, the canal is listed. But it's our understanding from Alex that he didn't have any documentation, family documentation about it, but he does recall how it was marketed. In this particular lot, it was actually -- the original buyer turned it back for management to his organization,which managed a number of lots for a number of years as Winter Homes. HEARING EXAMINER STRAIN: Okay, thank you. The only reason I'd asked, if there was that easement, it would have been good to have it on record,and we would have made sure it was, so-- MR.FERNANDEZ: Absolutely. HEARING EXAMINER STRAIN: And the second point was the other highlighted parcel or piece of the text here talking about some of the other houses on the street that were likely permitted with consideration of the zero rear setback established by the original subdivision. And I did look at the aerials. There are other houses that are utilizing what looks to be a pretty close to zero setback. Were you able to pull up any permits on those?I know they were older. MR.FERNANDEZ: As I pulled them up,it seemed inevitable that they were all before 1990 except for one,and that was 1993,and the county did not have a copy of that permit. But there's even structures two homes to the east of us,if you were to go out to the site and look over two homes,you'll see that there's actually a 10-by-20 structure that's actually within the 30 feet,so it's beyond that. And as you walk or you look in the backyards, including our client's, you'll see that they're mowed. They act as a rear yard,and obviously they use them for access to the canal. HEARING EXAMINER STRAIN: Mike, the only purpose of the question was that if there was something there through a permit process that helped the record,it just would have made it easier,and that was the purpose. Now, I don't have any concerns over what's there. I just wanted to make sure that if you had found something,we got it on record. MR.FERNANDEZ: Yes,sir. HEARING EXAMINER STRAIN: And then the last item I have is this reference to 175-foot easement on one of the last pages of the packet from the staff, and I believe that should have been 150. Is Page 12 of 14 August 13, 2015 HEX Meeting that-- MR.FERNANDEZ: That's correct. HEARING EXAMINER STRAIN: Okay. And, Michael, I don't have any other questions. Everything was pretty straightforward. You did some really good research, and I appreciate all that. It's normally what I do, so you saved me some time,and thank you. MR. FERNANDEZ: Okay. Just one last comment. You know, as far as the 14-foot width for a pool,we did research and found that it had been approved as a nominal width in prior petitions, and that was one of the reasons that we utilized that number. So we felt comfortable that it would be considered a nominal width. HEARING EXAMINER STRAIN: Okay. Thank you very much. MR.FERNANDEZ: Thank you. HEARING EXAMINER STRAIN: Is there a staff report? MR.JOHNSON: Yes,sir,Mr. Strain. Eric Johnson,principal planner,zoning division. The petition has been duly advertised in the Naples Daily News as of July 24,2015. I would like to state for the record that the property is zoned residential single-family for Bayshore mixed use overlay residential subdistrict 1. The acronym for that is RSF4, B-M-U-D, BMUD, R1. It requires a 10-foot rear setback pursuant to Section 04.02.16.C.2.G of the Land Development Code. Staff reviewed the subject petition in accordance with the criteria, 9.04.03, of the Land Development Code. It's itemized in the staff report. Staff is recommending approval of the subject request. We'd like to point out that we have received four returned letters; however, these -- it's not a requirement for staff to send out letters associated with variances. So it's likely that those four returned letters were staffs sending through our phase-five company. But for the record, staff is recommending approval of the variance. HEARING EXAMINER STRAIN: Great. Thank you, Eric. I don't have any further questions of staff.Mine would have been the same as I asked the applicant,and I know you and I have talked about those,so I'm good with that. Are there any members of the public who would like to speak on this item? (No response.) HEARING EXAMINER STRAIN: Okay. Well,with that,we will close this particular item. And now that takes us to the end of our agenda today. There's no other business. Are there any public comments? (No response.) HEARING EXAMINER STRAIN: Okay. With that,this meeting's adjourned. Thank you. ******* There being no further business for the good of the County,the meeting was adjourned by order of the Hearing Examiner at 9:48 a.m. COLLIER COUNTY HEARING EXAMINER MARK STRAIN,HEARING EXAMINER Page 13 of 14 August 13, 2015 HEX Meeting ATTEST: DWIGHT E. BROCK,CLERK These minutes approved by the Hearing Examiner on ,as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE,INC., BY TERRI LEWIS,COURT REPORTER AND NOTARY PUBLIC. Page 14 of 14 AGENDA ITEM 4-A Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION-ZONING SERVICES SECTION HEARING DATE: SEPTEMBER 10, 2015 SUBJECT: PETITION VA-PL20150000735, 6933 WELLINGTON DRVE PROPERTY OWNER/AGENT: Owner: Michael and Wendy Thomas Agent: Charles C. Whittington 6933 Wellington Dr. Grant Fridkin Pearson, P.A. Naples, FL 34109 551 Ridgewood Dr, Ste 501 Naples, FL 34108 REQUESTED ACTION: To have the Collier County Hearing Examiner (HEX) consider an application for a Variance from Section 4.5(h) of the Sleepy Hollow PUD, Ordinance No. 88-25, as amended,to reduce the minimum rear yard accessory structure setback line from 10 feet to 6.11 feet to allow for an existing pool screen cage enclosure and a proposed patio screen enclosure expansion that encroach 3.89 feet into the rear setback. GEOGRAPHIC LOCATION: The subject property is located on property at 6933 Wellington Drive and further described as Lot 167, The Crossings, Mill Run in Section 2, Township 49 South, Range 25 East, Collier County,Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The purpose of the petition is to request a 3.89-foot reduction of the minimum 10-foot rear yard accessory structure setback for an existing pool screen cage enclosure and a proposed patio screen enclosure. The existing pool screen cage enclosure already existed when the applicant purchased the home in July 2014. The proposed expansion of the patio screen enclosure is an additional request by the applicant; it would not go beyond the requested 6.11-foot rear yard accessory structure setback line. VA-PL20150000735,6933 Wellington Drive Variance September,10 2015 Page 1 of 9 bi ' o + d I 9 11n S 1E0 I $ TM N1'RAL Nan) ',AMMO Ta. 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Y ... -.a... —.���..._ SKETCH OF BOUNDARY SURVEY PAGE 2 OF2 SURVEY"877 , Ramify Addrees: Certified To: 4 Drive TAnnIeM4 �'Man.. Naples.s FL 34109 I Lead D.oc otion As Furnished: Lot 187,THE CROSSINGS,A/LL RUM mcorlig b She plat howl s worded In PitEbo*1A Paws SO-41,IndueNs,of Ui.Pubic Rom*°MAW Coo*,Rod*. 1 BENCHMARK IAN!)SERVICES,INC. RES 07/175/2015 AaaE. x'"''01 D7�s�s Avow Rs.LIE: s AS RILE °r/t.;/YD/s ADDED PROPOSED SMACK- OSAJ/2O15 1807.E A Q BauMrd Tei 230.401-0778 DAD'OF SNOWY PAW SY Flood ZonaA1M nil�dbrr: Ai pfmr Wds 34109 Fax 219491-1 MBS a7,11.7/2O75 as ADnWfl nip Nlumber. 120087 L.B.0 7602 invor.bsachntoddindsorvioss.com CartE nDv 0A E' CIECRED Br Panel:0382 Sufic H Effective We:06/18f2012 ST/N/1ws ,cs Flood Zone:AH EWE 11.5'NAV..D. 1008 DETAIL:NOT TO SCALE i i r 1 . .4) 10 A\ ,v. e ‘,. .r. 4/6 0. Illi s% •e, r i• 'tl' 4 ♦ Ms p 0049'' Iiii. ' , . 4.046. 1;00u- 4-; 4;1 I 1 . ., 1 j ♦, moi\, 11EM/Pla � �'�� / i- iSETIActe likil ' '` ,, / , 1 E ,� A . ;p' f .cN, ./ v 4 ! /� IiIt / $ 09'/ 41. / lbg'� \>,,, , 'Clk / w '6i V.•i `.. _ _ YARD REQUIREMENT COSTING BURISNO D031NMGSECONDARY STRUCTURE EASEMENT _ _ TOP OF BANK EWE OF WATER PAGE2 AS NOT FULL AND COMPLETE IWT OIJTPAGE I it SAM awOw'1OMPROMO 17011 AOaMA/MwaVaF 1A!/Y1OI I'/Y111/MVat 1r/{MpIbNIV /arar.wrMvrmonsw panass immarow nreost nwa. rvaam ore onwormerur. I PIOIIMIS OFINTEREST: A IN RI OIRIVICATION CR r° uPON 714 w° I1°ryarMlolnava►MIA MAIN.;M.mensNION lOeal .eiATCAw1 4 1inch=307 This home is located in the Sleepy Hollow Planned Unit Development (PUD). The rear yard setback is established in PUD Section IV, General Development Regulations, 4.5 Minimum Lot Requirements and Setbacks, Lot Type A, h) minimum rear yard setback: 10 feet (see attachment B). Additionally, per The Crossings, Mill Run (to which this address belongs), Plat Book 15, General Note #9, the plat cover sheet notes a 10-foot public utilities easement (PUE) along the rear; the existing pool screen cage enclosure and proposed patio screen enclosure encroach within this PUE. Letters of No Objection were signed by FPL, CenturyLink and Comcast with regard to the encroachment of both the existing and proposed screen enclosures (see attachment C) In short, a variance is sought from the Sleepy Hollow PUD minimum rear yard accessory structure setback of 10 feet to allow for a 6.11-foot rear yard setback for both an existing pool screen cage enclosure and proposed patio screen enclosure. Below are two photos taken by applicant of the existing screen enclosure. y .. • • p�' x . H s _;' _ It 44* ,F VA-PL20150000735,6933 Wellington Drive Variance September,10 2015 Page 4 of 9 SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Single-family residential development, with a zoning designation of PUD, specifically the Sleepy Hollow PUD. North: Tract A- Drainage and Conservation Easement, with a zoning designation of PUD,specifically the Sleepy Hollow PUD. East: Residential development, with a zoning designation of PUD,specifically the Sleepy Hollow PUD. South: Residential development, with zoning designation of PUD, specifically the Sleepy Hollow PUD. West: Residential development, with zoning designation of PUD,specifically the Sleepy Hollow PUD. Aerial photo taken from Collier County Property Appraiser website. S. : # s4k ''''e ift Int , .. y r # , yy IN h��rGy, "` #� .i, r t,' '. 4 �� ... r r. . 4' ' , , , . c...s.c.,. y oroocPli Apo"a Vag r,;, VA-PL20150000735,6933 Wellington Drive Variance September, 10 2015 Page 5 of 9 GROWTH MANAGEMENT PLAN(GMP) CONSISTENCY: The subject property is located in the Urban Residential Subdistrict land use classification on the County's Future Land Use Map (FLUM). This land use category is designed to provide for higher densities in an area with fewer natural resource constraints and where existing and planned facilities are concentrated. The Growth Management Plan (GMP) does not address individual variance requests;the Plan deals with the larger issue of the actual use. ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.03 A. Staff has analyzed this petition relative to these provisions and offers the following responses: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land,structure or building involved? Yes. The applicant's home rear yard abuts a conservation easement and thus the home is bordered, on the side, by two neighbors. As a result,no neighbor's view will be adversely hindered by the preservation of the current encroachment of the existing screen cage enclosure. As for the proposed patio screen enclosure, staff is restrained from recommending approval however does acknowledge the conservation easement abutment of the applicant's home as a mitigating factor for consideration. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property,which are the subject of the Variance request? Yes. The pool screen enclosure existed in its current location with encroachment prior to the current applicant's purchase. It was within the same month (July 2014) of the applicants' purchase of the property that they commissioned a survey which showed the existing pool screen cage enclosure to encroach 3.89 feet into the rear yard accessory structure setback. The applicants have no knowledge of how the existing pool screen cage encroachment came into existence. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? In regard to the existing pool screen cage enclosure, staff believes a literal interpretation of the zoning code will create an undue hardship. If the applicants were to comply with the current setback they would need to modify the pool screen cage enclosure. Due to the pool's proximity to the required rear yard accessory setback, if the pool screen enclosure were built in compliance it, per the applicant, "would straddle the existing pool". Moreover, for health, safety, and welfare reasons, it should be noted that a pool screen enclosure should allow a sufficient distance around the pool's perimeter for adequate exiting of the pool. VA-PL20150000735,6933 Wellington Drive Variance September, 10 2015 Page 6 of 9 In regard to the proposed patio screen enclosure, staff does not believe that a literal interpretation of the zoning code will create an undue hardship or create practical difficulties. It should be noted, however,that there are several mitigating factors in regard to the expansion: 1) the applicant's home abuts a conservation easement; and 2) the Community Association for Mill Run supports the expansion as well as an adjacent neighbor for both the existing pool screen enclosure and the proposed patio screen enclosure(see attachment D). d. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health,safety and welfare? In regard to the existing pool screen enclosure, it is staff's opinion that the granting approval of this preexisting pool screen enclosure would be the minimum variance allowing reasonable usage. In regard to the proposed patio screen enclosure, staff is restrained from granting approval for this addition as the minimum variance allowing reasonable usage. There are no hardships to the proposed patio screen enclosure expansion and granting it would increase the total area of nonconformity. With that being said, the requested proposed screen enclosure variance, while increasing the total area covered by the pool screen enclosure, does not go beyond the current 3.89-foot encroachment into the rear yard setback nor does it encroach within the side yard setback. e. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings,or structures in the same zoning district? In regard to the existing pool screen enclosure, staff believes that a granted variance for the existing pool screen enclosure would not give special privilege. Aerial observation of the neighborhood highlights the fact that many homes in the neighborhood have similar rear yard pool screen enclosures. Thus allowing the applicant to keep the screen enclosure would follow in line with the general characteristics of the neighborhood. In regard to the proposed pool screen enclosure, staff believes that a granted variance for the proposed patio screen enclosure would confer on the applicant special privilege. It is staff's opinion that a variance grants exceptions to a zoning regulation where the applicant can prove undue hardship or practical difficulty; the proposed patio screen enclosure does not prove a hardship. Notwithstanding staffs restraint from the proposed patio screen enclosure variance, staff does believe there are mitigating factors that should be considered as above-mentioned. f. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? VA-PL20150000735,6933 Wellington Drive Variance September, 10 2015 Page 7 of 9 The granting of the variance for the pool screen enclosure will be harmonious with the intent and purpose of the Land Development Code. And while staff is restrained from recommending approval of the proposed patio screen enclosure variance, it is staff's opinion that the granting of the proposed patio variance is harmonious with the neighborhood as many homes in the neighborhood have rear yard pool screen enclosures. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. This property abuts a conservation easement and therefore does not affect any rear neighbors. h. Will granting the Variance be consistent with the Growth Management Plan? Approval of this Variance will not affect or change the requirements of the Growth Management Plan. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report VA-PL-20130000745 on August 19, 2015 RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner (HEX) approve the existing pool screen cage enclosure variance and Staff recommends the HEX deny the proposed patio screen enclosure variance for Petition VA-PL-20150000735, Wellington Drive Variance. ATTACHMENTS: Attachment A: Variance Petition Application Attachment B: Ordinance 88-25 Attachment C: PUE Letters of No Objection Attachment D: Neighbor Letter of No Objection VA-PL20150000735,6933 Wellington Drive Variance September,10 2015 Page 8 of 9 PREPARED BY: /LI j RACHEL BEASLE , PLANNER DATE ZONING DIVISION REVIEWED BY: 8 17. RAY ND V. BELLOWS, ZONING MANAGER DATE ZON G DIVISION 1- Ed- r r MICHAEL BOSI, AICP. DIRECTOR DATE PLANNING AND ZONING DIVISION VA-PL20150000735,6933 Wellington Drive Variance September,10 2015 Page i of q • 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 VARIANCE PETITION APPLICATION Variance from Setbacks Required for a Particular Zoning District LDC section 9.04.00&Code of Laws section 2-83—2-90 Chapter 3 J. of the Administrative Code PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): Michael and Wendy Thomas Address: 6933 Wellington Dr. City: Naples State: FL zip: 3410- Telephone: 239-260-7256 Cell: Fax: E-Mail Address: jakellel2@gmail.com Name of Agent: Charles C. Whittington Firm: Grant Fridkin Pearson, P.A. Address: 551 Ridgewood Dr., Suite 501 city: Naples State: FL ZIP: 34108 Telephone: 514-1000 Cell: Fax: E-Mail Address: cwhittington©gfpac.corn BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Attachment A 6/4/2014 Page 1 of 6 MIIIIIIMIIMIL \4 •110Co 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 PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application: (If space is inadequate,attach on separate page) Property 1.D. Number: 29505010806 Section/Township/Range: 2 j49 /25 Subdivision: The Crossings Unit: Lot: Block: Metes&Bounds Description: See attached Total Acreage: .25 Address/General Location of Subject Property: 6933 Wellington Dr, Naples, FL, 34109 ADJACENT ZONING AND LAND USE Zoning Land Use N PUD Residential S PUD Residential • E PUD Residential W PUD Conservation/Drainage J Minimum Yard Requirements for Subject Property: Front: 30 Corner Lot: Yes No 1 Side: 10 Waterfront Lot: Yes C No Q Rear: 15 Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s)immediately. • 6/4/2014 Page 2 of 6 Co 4111/ er County COLLIER COUNTY GOVERNMENT Z800 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.coliiergov.net/index.aspx?page-774. Name of Homeowner Association: THE COMMUNITY ASSOCIATION FOR MILL RUN,COLLIER COUNTY,INC. Mailing Address: 6736 Lone Oak BlvdCity: Naples State: FL ZIP: 34109 Name of Homeowner Association: THE COMMUNITY ASSOCIATION FOR STONEGATE AND MILL RUN,COLLIER COUNTY,INC Mailing Address: 6736 Lone Oak Blvd City: Naples State: FL ZIP: 34109 Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: NATURE OF PETITION On a separate sheet,attached to the application,please provide the following: 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft.to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be;etc. 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria(a-h)listed below.Please address the following criteria: a) Are there special conditions and circumstances existing wiich are peculiar to the location, size • and characteristics of the land,structure,or building involved. 6/4/2014 Page 3 of 6 Co County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239)252-6358 b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. c) W=II a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land,building or structure and which promote standards of health,safety or welfare. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands,buildings,or structures in the same zoning district. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. g) Are there natural conditions or physically induced condi:ions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes,golf course,etc. h) Will granting the variance be consistent with the Growth Management Plan? • 4. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes® No If yes, please provide copies. S 6/4/2014 Page 4 of 6 0 CO er C ounty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: Variance Chapter 3 J. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW #OF COPIES REQUIRED NOT REQUIRED Completed Application(download current form from County website) ❑ 0 0 Pre-Application Meeting Notes 1 9 Project Narrative 0 14 . Completed Addressing Checklist, 1 0 Conceptual Site Plan 24"x 36"and one 8}c"x 11"copy ❑ LI Survey of property showing the encroachment(measured in feet) 2 LJ Affidavit of Authorization,signed and notarized 2 ❑ Deeds/Legals 3 El El 41111 Location map 1 Current aerial photographs(available from Property Appraiser)with El project boundary and,if vegetated,FLUCFCS Codes with legend 5 (l 0 included on aerial Historical Survey or waiver request 1 0 El Environmental Data Requirements or exemption justification 3 0 Once the first set of review comments are posted, provide the assigned 1 ® ❑ planner the Property Owner Advisory Letter and Certification Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all 1 0 0 materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. • 6/4/2014 Page 5 of 6 Co er County0 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Planners:Indicate if the petition needs to be routed to the following reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: ❑ Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet ❑ Addressing:Annis Moxam ❑ Graphics:Mariam Ocheltree ❑ City of Naples:Robin Singer,Planning Director ❑ Historical Review ❑ Comprehensive Planning:See Pre-Application 0 RMeeting Sign In Sheet Immokalee Water/Sewer District: Conservancy of SWFL:Nichole Ryan ❑ Parks and Recreation:Vicky Ahmad County Attorney's Office:Heidi Ashton-Cicko ❑ Transportation Pathways:Stacey Revay ❑ Emergency Management:Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlock O Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky ❑ Other: ❑ Utilities Engineering:Kris VanLengen I FEE REQUIREMENTS I Pre-Application Meeting:$500.00 . Variance Petition: o Residential-$2,000.00 o Non-Residential-$5,000.00 o 5th and Subsequent Review-20%of original fee Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 After The Fact Zoning/Land Use Petitions:2x the normal petition fee Listed Species Survey(if EIS is not required):$1,000.00 All checks payable to:Board of County Commissioners The completed application,all required submittal materials,and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN:Business Center 2800 North Horseshoe Drive Naples, FL 34104 / aii4fdig" Ai-2i* Applicant Signature Date ke tidy -Thoryta 5 Printed Name • 6/4/2014 Page 6 of 6 • On a separate sheet,attached to the application,please provide the following: 1.A detailed explanation of the request including what structures are existing and what is proposed;the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft.to 18 ft.;when property owner purchased property;when existing principal structure was built(include building permit number(s)If possible);why encroachment is necessary;how existing encroachment came to be;etc. The petitioners are seeking a variance from Section 4.5 of the Sleepy Hollow PUD(Ordinance 88-25)to allow an existing pool screen cage enclosure to remain as-built 6.11 feet from the rear(west)property line where 10 feet is required per Section 4.5(h) of the Sleepy Hollow PUD. To the extent that an existing swimming pool and deck are considered to not be permitted improvements within the same required 10 foot set-back, a variance for those improvements is similarly sought. Note, per Section 4.5(g)of the Sleepy Hollow PUD, because the subject property abuts a platted conservation area,the existing home complies with the fifteen foot (15') rear setback for principal structures.A copy of the Sleepy Hollow PUD in enclosed with this Petition. The existing home, pool deck, pool and screen cage enclosure were all constructed by a previous owner in 1989.These improvements have existed,without objection,in their current location for over twenty-five (25)years. Petitioners purchased the property on July 24,2014.Attached is a copy of the July 2014 survey for the Property which Petitioners commissioned in connection with the purchase of the Property("First Survey").The First Survey revealed that the home encroached into the side yard setback and the screen cage enclosure encroached into the rear setback of the property.After closing on the purchase of the property, and in order to verify whether the encroachments depicted on the First Survey were accurate,the petitioners commissioned a second survey dated March 16,2015(the • "Second Survey"). A copy of the Second Survey is attached. The Second Survey confirmed that the pool screen cage enclosure does, in fact, encroach into the rear yard setback, but the Second Survey also revealed that the house does no encroach into the side-yard setback. The petitioners have no knowledge of how the existing encroachment came into existence. All pertinent, available information concerning the original building application for the property,as maintained by the Collier County Building Department,is enclosed with this application. Since taking title to the property, it has come to the petitioners' attention that the pool screen cage enclosure is to need of substantial repair, and potential replacement, due to its age. If it becomes necessary to do so,the petitioners desire to be able to reconstruct a pool screen cage enclosure in the same location as the currently existing pool screen cage enclosure. Of note, if the pool screen cage enclosure was required to be built in compliance with the existing setbacks, the pool screen cage enclosure would straddle the existing pool. Accordingly,the Petitioners are requesting a variance for the existing pool screen cage enclosure,and, to the extent necessary,the existing pool and pool deck.The Petitioners request that the variance run with the presently built structures, but also request that the variance permit the Petitioners to continue to maintain and repair these improvements as necessary, as well as reconstruct the pool screen cage enclosure, as necessary, in the same location as the currently existing pool screen cage enclosure. 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, • including any dredging and filling. No site alterations will be necessary if this variance is granted.The home, pool screen cage enclosure, pool and pool deck have existed in their current locations for over twenty-five(25)years. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing • Examiner,and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria(a-h)listed below.Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land,structure,or building involved. No.The home, pool screen cage enclosure, pool and pool deck have existed in their current locations for over twenty-five(25)years without objection or injury to the neighborhood. b)Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Yes. The situation is not the fault of Petitioners. The existing pool screen cage enclosure, pool and pool deck were built by a previous owner in 1989. Moreover,the extent of the encroachment was not discovered by the petitioners until after they commissioned the Second Survey, and the petitioners have acted proactively to address the encroachment. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes. Failure to grant this variance would create substantial economic harm and a loss of property value with no corresponding public benefit. To bring the Property into conformity will require substantial destruction and reconstruction of the existing home with no corresponding benefit. • d)Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health,safety or welfare. Yes. The Petitioners are not seeking to expand the existing improvements but solely to permit the existing improvements to remain as-built,and,to the extent necessary,reconstruct a pool screen cage enclosure in the same location as the existing pool screen cage enclosure.The existing improvements have existed on-site for over twenty-five(25)years and have had no detrimental effect of the health, safety or welfare of the neighborhood. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands,buildings,or structures in the same zoning district. No, a substantial number of nearby residences In the community currently enjoy the benefit of screened pool cage enclosures in their backyards. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood,or otherwise detrimental to the public welfare. Yes. The encroaching structure has existed on the Property for over twenty-five (25) year without objection or injury to the neighborhood. The variance will not result in any detriment to the public welfare due to the minimal dimensions involved. g)Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes,golf course,etc. Yes. The rear property line of the Property abuts a dedicated conservation area. Note, there is no • interaction between the vegetation located within the conservation area and the pool screen cage • enclosure. Pictures of the rear yard setback area are Included in the application. Moreover, the encroachments into the rear yard are blocked visually by the home. h)Will granting the variance be consistent with the Growth Management Plan? Yes.The variance will be consistent with the Growth Management Plan. • • FIRST SURVEY Reliable Land Surveying, Inc. Moine Address. PO Box 1589 Ft Myers Ft.33902 Stmt Address 13010 Pall Beach&vtl. Ft.Wets.Ft.33905 TW Free Fax (888)2184098 Enloe tMallBeilaaleSorveyinecom CerP licate of Phone(239)340.3318 wwwRelab SSlrve.inp.Cdn AuthatkDNan Flo.LB 7373 • Boundary Survey W.O.# 14-1965 Date: 09 JULY 2014 ©Orf • • Keiltaid goyRegis of+liber CeftM cote SKETCH OF BOUNDARY SURVEY PAGE 2 OF 2 SURM.'148n r illil. Prpip.vtY�{dtlYses: Gonad To: 89'33-Olive Michael Thome:Wei*Thome >. Napier,FL 34109Lem/L� DMaabd n As FunA d• ID Lor 107,TME CROSSINGS,MILL RUMmoa+ ly b m. n ofs.recorded b Plot Book 14 Pogo, 9941,hi *et,o151.Pud11e Roowdo at Collor County,Fbddo. BENCHMARK AMENDED DES o7iar/200ADDED PROPOSED SCREENED 07,44i0ls I AN 1)SERVICES,INC. 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MIAMIUO.MOON t bier aiarMis$ .� — IP la it i wwl I � r - ._ --.-._- AMM ORDINANCE 88- 25 • AN ORDINANCE AMENDING ORDINANCE 82-2,THE CON • - PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR- PORATED AREA OF COLLIER COUNTY, FLORIDA BY • AMENDING THE ZONING ATLAS MAP NUMBER 49-25-1 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2, A-2"ST" and Cr - PUD TO "PUP", PLANNED UNIT DEVELOPMENT,KNOWN AS "SLEEPY HOLLOW" FOR 320 RESIDENTIAL DWELLING 7-1 UNITS FOR PROPERTY LOCATED 1/2 MILE WEST OF :.:r,i AIRPORT-PULLING ROAD, AT THE END OF ORANGE t4.1 BLOSSOM DRIVE, 189 + ACRES. IN SECTION 2, , cz `'‘'Z.., TOWNSHIP 49 SOUTH, RANGE 25 EAST, AND PROVIDING AN EFFECTIVE DALE. WHEREAS, Wilson, Miller,Barton, Soil 6 Peek. representing John T. Conroy, petitioned the Board of County Commisaionars to change the Zoning Classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The Zoning Classification of the herein described real property located in Section 2, Township 49 South, Range 25 East, Collier County, Florida is changed from A-2, A-2"ST" and PUD to "PUD', Planned Unit L Development in accordance with the PUD document attached hereto as Exhibit "A" which is incorporated herein and by reference made part hereof. The Official. Zoning Atlas Map Number 49-25-I, as described in Ordinance 82-2. is hereby emended accordingly. SECTION TWO: This Ordinance shall become effective upon receipt of notice • that is has been filed with the Secretary of State. DATE: March 1, 1988 BOARD OF COUNTY COMMISSIONERS • COLLIER COUNTY, FLORIDA ••�AT7ESt: •• BY:&I.-re/6Z' ;• JAMES ..GILES, CLERK ARNOLD LEE CLASS, CHAIRMAN • • gY; ��%r�y..; • . d� �.,. This ordinance filed with the VirguYie Magri, Deputy erkry of tot sOfficebe -;; day of 'A, lp APPROVED AS TO FORM AND LEGAL SUFFICIENCY and acknowledge of that fa 4• received thhi - d, -4-4"/ A. BR U E ANDERSON ASSISTANT COUNTY ATTORNEY e08K rx�.,nUn ♦1 27 R-87-18C Ordinance ll 1/ • FXH/sIT A WKSON• M$U L i• SNIION•50114 PEEK INC rAd `8 ?'z 8C ' 1 SLEEPY HOLLOW A PLANNED UNIT DEVELOPMENT • 189.13 Acres located in Section 2, Township 49 South, Range 2S East, Collier County, Florida r. • PREPARED BY: WILSON, MILLER, BARTON, SOLL & PEEK, INC. 1383 AIRPORT ROAD, NORTH NAPLES, FLORIDA 33942 • October, 1967 A DATE SUBMITTED: DATE AMENDED: June, 1981 DATE APPROVED BY BCC: ptsr+ch_1_ 1998 ORDINANCE NUMBER: psi_n s• r�n p 600[ Q3tl��"•128 WILspN• MILLUI•SARTON•SOU{PCII INC TABLE OF CONTENTS • PAGE LIST OF EXHIBITS i SECTION I • STATEMENT OF COMPLIANCE AND SHORT TITLE 1-1 SECTION II STATEMENT OF INTENT 2-1 • SECTION III PROPERTY OWNERSHIP i LEGAL DESCRIPTION 3-1 SECTION IV LAND USE REGULATIONS 4-1 SECTION V GENERAL DEVELOPMENT COMMITMENTS r j• • rs. a toot020w1.29 wuSON• MIi►EIR• y,RTON•SOil•PEEK IMC LIST OF EXHIBITS EXHIBIT A P.U.D. MASTER PLAN, WMBS&P File No. RZ-149 Exhibit A EXHIBIT B TOPOGRAPHIC AERIAL/LOCATION MAP, WMBSSP File No. RZ-148, Exhibit B EXHIBIT C SOILS MAP, WMBS&P File No. RZ-148 Exhibit C EXHIBIT D VEGETATION MAP, WMBSIP File No. RZ-148 Exhibit D EXHIBIT E CONCEPTUAL WATER MANAGEMENT PLAN, WMBS&P File No. RZ-148, Exhibit E t 'r s. th M i IDOL 030 Pie•".130 vnL50N• MILLER• DAMON• SOLLSPIM U•C SECTION I STATEMENT OF COMPLIANCE AND SHORT TITLE The purpose of this section is to express the intent of John T. Conroy, Trustee hereinafter referred to as Sponsor, to create a P.U.D. on 189.13 acres of land located in part of Section 2, Township 49 South, Range 25 East, Collier County, Florida. The name of this proposed development shall hence forth be known as SLEEPY HOLLOW. The development of SLEEPY HOLLOW as a Planned Unit Development will be in compliance with %the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The residential development will be consistent with the growth policies and land development regulations of the Comprehensive Plan Land Use Element and other applicable documents for the following reasons: 1. The subject property has the necessary rating points to determine availability of adequate community facilities and services in conformance with the Collier County Comprehensive Plan. 2. The project is compatible and complimentary to the surrounding land uses. • 3. All improvements shall be in compliance with all applicable regulations. 4. There will be two sources of ingress and egress, one entrance from Goodlette-Frank Road Extension and one which connects and continues out to Airport Road. 5. The project will be served by a water management and utilities system as approved by the County. SHORT TITLE This Ordinance shall be known and cited as the Sleepy Hollow P.U.D. Ordinance. a ►�� 1-1 }. IOU 030 rui.131 • 4 MILSON• Mf.Lt • !NITON•SOLL i PEEK INC SECTION II STATEMENT OF INTENT It is the sponsor's intention to create a single family residential project. The units shall be located around existing conservation areas, manmade lakes and areas of natural vegetation. The residential development of the residential lots as shown in the PUD Master Plan shall demonstrate for its residents an eminently desireable, esthetically pleasing, and environmentally sound way of life. • • 7 - 1- Ac. 2-1 ii w' `oot 030cct132 WILSON• MILLER• MARION•SOLI.i►EEK1NC P SECTION I7I PROPERTY OWNERSHIP s LEGAL DESCRIPTION 3.1 . PROPERTY OWNERSHIP The subject property is currently owned by Barnett Banks Land Trust 450-0247, and West Florida Investments, Inc. 3.2. LEGAL DESCRIPTION The subject property is described as Follows: Part of the southwest 1/4 of Section 2, Township 49 South, Range 25 East, Collier County, Florida. (O.R. 973, page 1210) The South 1/2 of the southwest 1/4 of Section 2, Township 49 South, Range 25 East, Collier County, Florida. AND (O.R. 848, page 687) North 1/2 of the southwest 1/4, less that parcel of land described in O.R. Book 688, page 1324, Public Records of Collier County, Florida, also being the southerly 796.70 feet of the easterly 470.61 feet thereof, in Section 2, Township 49 South, Range 25 East, Collier County, Florida. Subject to easements and restrictions. L V• 3-1 yY ' h.; bon 0311 WI 131 wnSo • uKLER• eARTON I. smarm INC SECTION IV GENERAL DEVELOPMENT REGULATIONS 4.1. PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, the respective land uses included in the project, as well as the project criteria. 4.2. GENERAL Regulations for development shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the "Collier County Zoning OrdinanceTM. Residential areas designated on the Master Plan are. to accommodate single family housing, zero lot line, patio homes, essential services and customary accessory uses. 4.3. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or lanor water used, in whole or in part, for other than the following: a) Permitted Principal Uses and Structures: 1) Single family detached dwellings, zero lot line and patio homes. 2) Water management facilities and lakes. 3) Conservation and recreational facilities may include but shall not be limited to swimming pool, tennis courts, playground and recreational equipment and bath house. b) Permitted Accessory Uses and Structures: 1) Customary accessory uses and structures. 2) Signs. 3) Guest houses (estate lots only). 4) Model units shall be permitted in conjunction with the promotion of the development. The model units shall be converted to residences at the end of a five year Ceriod unless otherwise specifically approved by the ounty. S) On-site sewage treatment facilities and essential services. 6) Gate houses. 7) Privacy and entry walls. 4.4. PERMITTED MAXIMUM NUMBER OF DWELLING UNITS Three hundred and twenty (320) residential dwelling units. 4-1 i:. ti• SDK 030 nu 134 WILSON• MRLEM • 6AATON• SOUL PEER INC 4.5. MINIMUM LOT REQUIREMENTS AND SETBACKS: Lot Type 'A' a) Minimum lot width at front yard setback line: Rectangular lots: 90' Cul-de-sac lots: 45' b) Minimum lot area: 10,800 square feet. c) Minimum front yard setback: 30' from dedicated right- of-way. d) Minimum side yard setback: 10' • e) Minimum rear yard setback - interior lots: 25' . f) Minimum rear yard setback - perimeter lots: 30' ti g) Minimum rear yard setback - conservation and lake front lots: 0' providing architectural bank treatment is incorporated into design, otherwise 15' . h) Accessory structures: Minimum side yard setback same as principal structure; minimum rear yard setback: 10 feet. Lot Type 'B' a) Minimum lot width at front yard setback line: Rectangular lots: 50' Cul-de-sac lots: 25' • L b) Minimum lot area: 6,000 square feet c) Minimum front yard setback: 20' from dedicated right-of-way. d) Minimum side yard setback: 0' or 5' e) Minimum rear yard setback - interior lots: 15' f) Minimum rear yard setback - perimeter lots: 20' g) Minimum rear yard setback - conservation and lake front lots: 0' providing architectural bank treatment is incorporated into design, otherwise 15'. h) Accessory structures: Minimum side yard setback same as principal structure; minimum rear yard setback: 10 feet. 4-2 1 800K 030,::, 135 • t• WILSON• MILLEN•UNION•SOUS MIL INC • • 4.6. MINIMUM FLOOR AREA OF RESIDENTIAL UNITS Lot Type 'A' 1200 square feet for each dwelling unit, 1500 square feet for two-story not including garages, porches, and guest houses. Lot Type 'B' 800 square feet for each dwelling unit, 1000 for two-story not including garages, and porches. 4.7. MAXIMUM HEIGHT OF STRUCTURES a) Principal structures: 30' b) Accessory structures: 15' 4.8. MINIMUM STANDARDS Minimum standards for parking, landscaping, lighting, and signage, walls, guard houses and security gates, and any other standards not specified herein, shall be in conformance with applicable County standards in effect at the time permits are sought. 4.9. PROJECT DENSITY The total acreage of Sleepy Hollow is approximately 189.13 acres. The maximum number of dwelling units to be built on the total acreage is 320. The number of dwelling units per gross acre is approximately 1 .69. 4.10.LAKES AND RETENTION Proposed lakes and stormwater retention areas have been sited in proximity to existing and proposed roadways to permit optimum use of the land, increase the efficiency of the water management system and enhance the projects overall aesthetic character. Please refer to Exhibit "A" - Master Site Plan for the proposed location of major lakes and retention areas. Accordingly, the setback requirements described in Ordinance 80-26, Section 8A, as amended by Ordinance 83-3, as may be amended in the future, may be reduced with the approval of the County Engineer. • j .. • Y• 4-3 Boot 03.0w, 126 Y WILSON•• MRLEII•• CARlON• SOII i REEK INC SECTION V '— GENERAL DEVELOPMENT COMMITMENTS 5.1 . PURPOSE The purpose of this Section is to set forth the standards for development of the project. 5.2. TRAFFIC IMPROVEMENTS a. Left and right turn storage lanes if required by Ordinance 82-91 shall be provided at the project entrances on Orange Blossom Drive by the developer. b. The developer shall provide a fair share contribution toward the capital cost of a traffic signal if required and when deemed warranted by the County Engineer. The signal shall be owned, operated and maintained by Collier County. c. The west entrance road to the development shall be aligned to coordinate with the project Woodbridge located immediately to the north. ti d. A sidewalk/bike path shall be designed for the project and submitted to the County for approval prior to development. e. The roads within Sleepy Hollow are planned to be private roads. They will be designed to two-lane local street standards, with the option of reducing the easement width i from' 60' to 50' with the approval of the County Engineer. f. The Petitioner shall provide street lighting at the project entrances along Orange Blossom Drive. g. The above improvements are considered "site related' as defined in Ordinance 85-55 and shall not be counted as credits toward any impact fee required under that ordinance. h. The following exceptions to the Subdivision Regulations shall be granted subject to the County Engineer's approval. 1. Article XI, Section 1 - Reduce distance from inter- section of right-of-way lines. 2. Article XI, Section 17.H - 1 ,000 feet maximum length of cul-de-sac. 3. Article XI, Section 17.J - 100 feet minimum tangent at intersections subject to County Engineer's approval. 5-1 i IOGK c.0 137 137 WILSON• YKltq• PPRTON•SOU I PEEK INC 4. Article XI Section 10: Monuments 5. Article XI Section 17G: Street Pavement Widths - waive requirements for private local roads to have two (2) twelve foot lanes, subject to the approval of the County Engineer, (reduce to two ten foot lanes) . 6. Article XI Section 17I: Curb Radii - Reduce requirements from forty (40) feet radius to thirty (30) feet radius at local to local road intersections only. 7. Article XI Section 21: Utility Casings. 1. In accordance with Ordinance 85-55, requiring development to contribute its proportionate share of funds to accommodate the impact of proposed development and area roads; Sleepy Hollow or its successors or assigns, agrees to pay road impact fees in accordance with the ordinance, at such time as building permits are requested. 5.3. SOLID WASTE DISPOSAL Arrangements and agreements shall be with the approved solid waste disposal service to provide for solid waste collection service to all areas of the project. 5.4. PUD MASTER DEVELOPMENT PLAN a. The PUD Master Plan (Wilson, Miller, Barton, Soll i Peek, Inc. Drawing File No. RZ-14B, Exhibit 'A') is an illustrative preliminary development plan. b. The design criteria and layout illustrated on the Master Plan shall be understood as flexible so that, the final design may satisfy the project and comply with all applicable requirements. • c. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. d. Minor design changes shall be permitted subject to County staff administrative approval. e. Areas illustrative as 'lakes" shall be constructed lakes, or upon approval, parts thereof may be green areas in which as much natural foliage as practicable shall be preserved. 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'�4s °® la ' . f 7 i I 1 N Pc Y , t•. i rnrn i • 1i ;a*ir# ' L ; a , '1'ifl�.9 r= Ili ° sr P.1 r.f.1I. 3/s7 i 7 3 II▪ I I • I II i g ,i tItr I if if I i . i i ! 1 it ,17 ' 4 i. • ! 1 t • ° . t• C S C ' ' i ss 1 1 i f + 3 ` j } 9 t L , ill• : . < t t I } _': • p Y•$p_. • ' i I : 11 3 x 0 y t: 16 rat{ i R 1 e i ) ; 0 �� Z t, ri tr : = , f • t 1 ', • a ■ • MOE Gun., 144 0. 13. z• AGREEMENT I, Alan Reynolds, A.I.C.P., of Wilson, Miller, Barton, Sell and Peek, Inc. as.ovner or authorized agent for Petition 1-67-16C, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on February 4, 1966: a. Petitioner shall be subject to Ordinance 75-21 for the tree/ vegetation removal ordinance in existence at the tins of permitting), requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resourcei•Managemant Department for their review and subject to approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads. buildings. lakes, parking lots, and other facilities have been oriented to accommodate this goal. b. Native species shall be utilized. where available, to the eaximum extent possible .n the sits landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and subject to their approval. This plan will depict the incorporation of native species and Chair mix with other species. if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the sits during construction or due to past activities. L c. All exotic plants, as defined in the County Code. shall be removed during each phase of construction from development areas. open space areas, and preserve areas. Following site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which rill describe control techniques and inspection intervals, shall be filed with and subject to approval by the Natural Resources Management Department and the Community Development Division. d. If during the costae of site clearing, excavation. or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all develrpment at that location shall he immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its ■alvagsability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional nctivites. h t soot; 03O?c'145 s. All preserve areas as designated on the Master Plan must be flagged by the petitioner prior to any construction in the abutting area, and habitat preserve boundaries will be subject to the review and approval of the Natural Resources Management Department. f. to increase lake productivitiee and habitat values, lake side slopes will be 4:1 out to a depth of three (3) feet from mean low water levels. Petitioner shall investigate vegetating • littoral shelf areas with various native plant species (upon request. the Natural Resources Management Department can provide pertinent information concerning plant species). g. Petitioner shall design and implement a program to prevent and/or reduce populations of noxious/exotic plant populations within lakes. specifically. but not limited to, preventing growth of hydrilla N drilla verticillate). water hyacinth (Eichhornia crassipes , and (to a lesser degree) catteila (Typha latifolia); this program will be subject to the review and approval of the Natural Resources Management Department. h. Petitioner will design, construct, and maintain a water management plan and structures (lakes, wales. culverts, etc.) in an effort to restore water levels in wetland preserve arias to their original (historical) hydroperiods. L. Final alignment end configuration of water management structures (lakes. svalea, etc.) shall be subject to minor field adjustments to minimize habitat destruction. This adjustment occurs at the time staff is reviewing and approving the clearing limits. Araaa subject to protection must be flagged by the petitioner, the alignment/configurations to be subject to the review and approval of the Natural Resources Managemaent Department. j. Where applicable due to development. components of native plant communities will be transplanted within preserve areas and/or as landscape elements within the project. Examples of plants species appropriate for transplant would include Sabal palms Sabal almetto), wax myrtle (Myrice cerifera). dahoon holly Ilex casein' , and blechnun ferns (3lechnum sp.). k. A native vegetated corridor viii interconnect the northern and aouthern wetland area■ allowing for the road crossing to occur. •} 2 • HOC 0311►,..146 1. Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer. N. An Excavation Permit will be required for the proposed lakes in accordance with Collier County Ordinance No. 80-26, as amended by Ordinance No. 83-3 and as may be amended in the future. • n. Petitioner shall verify the existence of drainage easements from the project south to the Gordon River Extension and upgrade the drainage outfall system, as required. to Pine Ridge Road to accommodate the design discharge. Failure to verify these easements or upgrade the outfall system will require resubmittal to B.M.A.B. of an alternate water management plan with zero off-site discharge. o. The developer shall provide a fair share contribution toward tho capital cost of traffic signals at the intersections of Goodlette-Frank Road/Orange Blossom Drive and Airport-Pulling/ Orange Blossom Drive when deemed warranted by the County Engineer. The signals shall be owned, operated and maintained by Collier County. p. The developer shall provide a fair share contribution to the County at the time of construction of the southbound left turn lane on Goodlette-Frank Road at the Orange b)osscim Drive intersection. L q. These improvements are considered "site related" as defined in Ordinance 85-55 and shall not be applied as credits toward any impact fees required by that ordinance. r. All traffic control devices utilised, excluding street name signs. shall conform with the Manual on Uniform Traffic Control Devices in accordance with Chapter 316.0747, Florida Statues. a. The Utilities Division reviewed this Petitiun and has no objection to its approval subject to the stipulations per their memo dated June 9. 1987 with the following revision to item 5g.: The Developer, his assignees or successors agree to pay all system development charges pursuant to appropriate County Ordinance(s) under any of the following conditions, whichever occurs first: a. Whenever such person connects an existing structure to a water system and/or a sewer system owned or operated by the County; or • 3 4, BOOK U30 P1KI 147 immommemmsmw b. Whenever such p pplies for a building permit and prior to issuance of a building permit to alter an existing structure previously connected to a water system and/or sever system owned or operated by the County, where such alteration increases the potential demand on the County's system(s); or c. Whenever rich person applies for a building permit and prior to issuance of a building permit to construct a structure which will be connected to a voter system and/or sewer system owned or operated by the County under Phases 1. 2 or 3 of the County's Master Water and Sever Plans, even though such person may receive interim water and/or interim sever service from a source other than the County. These requirements shall be made known to all prospective buyers of properties within the project. t. Plans and specifications will need to be submitted individually to be reviewed for compliance with CCPHU rules and State of Florida regulations. u. The Utility Provision submitted with this petition indicates that a package treatment plant shall be used for sewage disposal. The Environmental Science and Pollution Control Department (ESPCD) suggests that if a package treatment plant is used that the petitioner should abide by the appropriate Florida Administrative Codes. . v. The developer shall provide fire hydrants connected co area • water mains for the proposed 16 model homes; or: The developer may provide a pond with drafting hydrants as spelled out in NFPA 1231 Standard, on water supplies for suburban end rural fire fighting. If the developer chooses to go with NFU 1231. the District will limit it to only the 16 models. The hydrants shall be spaced within 300 feet of each model and the developer shall provide a hard suction hose and adapter for each hydrant. ibis alternative to providing water mains applies only to the 16 model homes. v. The connection of Orange Blossom Drive from Coodlette Road to Airport Road is being accommodated through this project. The right-ofway presently varies from 100 to 60 feet in width. This project proposes an 84 foot right-of-way for this road. No direct driveway access shall be permitted on Orange Blossom Drive. is 4 BOOK O 0 PIM 14g x. The developer shall provide a cross-section of Orange Blossom Drive to the County Engineer so that the design for the extension of Orange Blossom Drive may be agreed upon between the County and the developer. y. The PUD document (Section 5.2.h) requests certain exceptions to the Subdivision Regulations. They say be approved with the following additions: 1. All design exceptions shall be requested to the County Engineer prior to preparation of the final construction plans. 2. Article XI, Section 10 Monumepts - shall be required in accordance with State Statute. and as approved by the County Engineer. The use of water valve covers when monuments occur within street pavement shall not be required. 3. Article XI, Section 17G Street pavement Widths - may be reduced to two - ten foot lane,. if the ADT is less than 200. s. All recommended stipulations within this Staff Report shall be added in the appropriate sections of the PUD document. aa. Section 4.11. Model Homes. shall be amended to include the o petitioner's chfire protection as described in 19 of thin Staff Report. bb. Section 4.11, Model Homes, add a new requirement that a siten she1 be development plarequired prior to building permits being issued for the modal homes. L cc. Section 4.11e. Model Homes, replace Section "2.11" with Section "4.12a". dd. Section 4.11f. Model Homes. add language to clarify that sales. marketing. and adm nniieretive function■ are for this project . only ee. Add a new section, Landscape buffering that aeta forth standards for the treatment of the perimeters of the PUD. The standards should conform to Section 8.37 of the Zoning Ordinance with the exception that opacity may be 40 percent rather than 80 percent around the edges of the project. ff. Section 4.3b Permitted Accessory Uses and Structures. add language to only permit guest houses in accordance with • Section 8.38 of the Zoning Ordinance. i. 030 gg. Section 4.3b, Permitted Accessory Uses and Structures, add language to require the sewage treatment plant to have a minimum SO feat setback along all property lines which shall be left in native vegetation and to require a landscape buffer • per Section 8.37 of the Zoning Ordinance (82-2) around the sewage treatment plant site. hh. Section 4.8, Minimum Standards, shall be amended to include minimum standards for guard es a,• security gates. Act • P- IT •*ER OR ENT - ' • XEPRES TIY-1 CCPC SWORN TO AND SUlSCRIDED/SEPORB ME TRIS l7- , DAY OF •.Z.� l..%11.,L' •tt , 1988. • • . I.) Ln1 -ro NOTARY ,• -1 SEAL IC,x SIM a<n t•:a+ it •# :.•..41.0 t .2?* • MT COMMISSION EXPIRES: C1'• '''=u==:t r.s.i�rsi�t .•.•••'� • riri .0 .. •Z •• JL.• R-87-18C Agreement Sheet • • te •S t y, 6 100K 030Pr,150 (' STATE OF FLORIDA ) gi COUNTY OF COLLIER ) • I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do • hereby certify that the foregoing is a true copy of: Ordinance No. 88-25 which was adopted by the Board of County Commissioners on the 1st day of March, 1988, during Regular Session. WITNESS my hand and the official seal of the Board of • County Commissioners of Collier County, Florida, this 2nd day of March, 1988, Lq. JAMES C. GILES • Air Clerk of Courts and Clerk Ex-officio to Board of County mmissioners <; .• •,• By: V ginia Magri Deputy Clerk 42-1g1 P; 41: ' • 4*: toDOK 03o"Cf 151 i r r - i ` 4 .. 1 . • ,r ',.; . , , ,;., p,,,,. ,,...„,,...,„ �„ •, .. , .,- ,,, ', . ,_ (4 ,- .,, ...,, ,, ., . . . . .., ,..- , jj �r� ” ,-',...,-_ '2,;,,,- , , • �a .,. ., 4 00 I i-..4 ° ti' ----` r14 .- ---- - . - '• .:' -: - ' - - ‘ ', r w itr' + 1 �^"" ' ar i- r. r 1 , :� "-tet ,r -, 1 `i' yam., d. w '''.',.+%1....4 ..."— ' '.; , ,-...' -' , '::tf_,'7_•.1:4 .1:i.'1;'" tip a I Y `; ' ` _ I T:i :v. -. ¢, h� .. c •.. 4 r i,i ti i ter I a. • 4:g • f . , { `F , _ / { ,_. ' ,_:, : ,... ' . '11'''..': '4 .. • • . . . . ._. „N', : i` 1,41 41:41,4,'..;_ -'' . - ', _,_ . ' _ .,,.•'-: `y,. 0 / ... ii• . \ _ ____---------.,..., '1,41-.'. ,. ,, ' -- — . i rli ... _ ,. 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' .^! +ow 144743C%.Z7:14111J1:117-.:•; ' I Qutury • 4046, (7‘. • • BUILDING41111 PERMIT r ...- —' MBP ()1 SDP Permit Number: 89-02415 Application Date 06/29/89 Last Name of Owner Wiseman, M/M First Name John Middle Initial Project Name Residence Job Address 6933 Wellington Drive Geo-Code General Contractor Southern Gulf West Const. Contractor's Address 4273 Arnold Avnue Person to Contact John P. Wiseman Telephone Number 643-6677 General Location One Subdivision The Crossings Mill Run Tract Lot 167 ' Block Unit Legal Description Type of Structure Single-Family Construction New Purpose of Construction CBS residence - 200 amps Number of Dwelling Units 1 • Sewer Collier County Water Collier County Occupancy Class Residential Cost of Construction $123,652 Flood Zone Bench Mark Elevation Bench Mark Nail in Date Permit Approved 07/06/89 Water Meter Size i above application has Bien examined and is hereby approved subject to t e payment o $ hi/3/45 ,j0 , as provided by the Collier County Building Code. Payment Received by: 5,6. Date Issued:/IL/ALI . Receipt No. / 91/5 • ril—tem—mwtei- prov• building permit shall comply with all applicable laws, codes, ordinances and additional stipulations and/or Conditions of Permit. The approved permit expires if work authorised is not commenced within six (6) months from date of issue. The permit fee vill be quadrupled, plus a maximum daily penalty of $500.00 if work is started without an approved permit. The permittee further understands that only licensed contractors may be employed and that the structure shall not be used or occupied until a Certificate of Occupancy is issued. White Signature of Contractor Applicant 111/ Green Property Appraiser "FAILURE TO COMP WITH THE Yellow Record Section Pink Environmental Health MECHANICS' LIEN ,LAW CAN RESULT IN Goldenrod Lobby File THE PROPERTY OWNER PAYING TWICE C°611laFOR BUILDING IMPROVEMENTS." FS 713.135 1 tq e '!� ;` 1 of 2 C (1;;' � i1? i APPLI A N FOR BUILDING PERMIT COLLIER COUNTY, FLORIDA, l1', _r'j ., • �11 AND d3 PERMIT NO. PERMIT TYPE PERMIT TYPE MBP NO. 8 9 la 41 J .,-X1 New Slruclur&Ras EPI R f 4 New Sr 7 SDP NO. ucara+NoreRae EPI a —2 AdditloNRes SEER*-fie 1_- —7 AddltloNNanRes SEER I Application Del. 6-.3e.-* .......$ Nt ra$on/Res 8 AhsretlaniNanRas _.4 Re-App/Res (Ref.11-_____J _.9 Ra,4pplNonRes(Ref.y ) CSA'51-" . .-._5 Other/Ros —10 OsiorNonRos Approved Dal. Construction Acorns 9 1f.�'g1o[L FtESIDENTIAI -USE/OCC CODE SskOon Township Range _4_10RMingleFamily,Attached MaWArea— --102 WSingto Fainly,Attached Block Lot/Parcel N7 iblitTract Townhouse Units(mule elec serv) (PIN Zoning r/�„« ei r? —104 Rah,,FVElupleand(siFoFamily F a.awe) ° f) 2 3 4 5 6 7 88 9 10 11 —104 P.1 s o Faun my General L ._106 WFiva or Mor.Fame ..yJJ Subdivision 711- 4,105/1s Al/ -�213 Rrframisnt Ficial,Moth �� LAf _214 R/OBrer-Dormitories Rooming,Boarding Owner "L'An 9` 14-01. Alr3[Af li? —ti2e Other Reeidtntly Buildings Address .� L/ ? wrOboaW°usedslorage garages —329 Structures Om than Bidding* . CRY / Y ST_8. ap 339 R PooHseaw� CONSTRUCTION TYPE Spey: — 1 Type VReiMarad Centro, —434 RMddltlon genAbaan n 2 Type It/Reinforced Conner — RlNew Gauges and New Carports — 3 Type III/Heavy Timber —900 Mobile Hang ._901 RV — 4 Type IV/Noncombustible-Unprotected /6 Type IV/Nonoontbwtibla_1 Hour NONRE_IDENTfet -USE/OCC CODE 2 6 1'p.WNancomb Wal-Unprotected —318 AlSadr,recreational,nalmma ' .41 LLQ/ 7 Typo V/Nonoomb Wail-1 Hour _319 AChurt us and other religious bl over 50 people 6 Type VI/Frame Cons:-UnprotacnMervin'—322 ervin',mations • ____... — 0 Typo VIIFnme Conal--1 Hour —324 'Wakes, 10 OtherBain,and Professional —328 E'Srlwds and Other Educational No.0101 Sb.a Parking Spaces (Mark xr • _ _320 FAndusbly-Mrrufactudng,Processing —323 IMospiW.Nursing,Coracle! Enclosed Outdoors Boston Number —327 *Skala and Shops Type of Sewage papacy. —52t S/Parking Derapes - CCollierun Downy(1) _. 22 &Repair Garages-./i. C •ity Naples(2) —527 &Vtiareeuses vate _Septic -_528 Ogres Nonresidential Buildings-cooler/freezer/ ahedrtrailcdcsrport • 081w081w-________—______Type of Water Supply: Special: COQ N(1) —629 Structures l than buildings-fence/dish/poo —City of Naples(2) —Privateseawyvdogn/ r/sprinklahoof sauc:xe —wad sPealy: Olhar —497 KR/Addition,Alteration Number of Bedrooms—1-801111-.3— Lot Viroan- L Lot Depth /./0 Area l0,11L7p Living Area Sq.FL 222( Bldg.Width 70 Length 7 j Non-Livirg Set-Bads from Property Line Total Sq.FL (SU AMPS o2 CO Front-1g_' ea o�skit Y 1anL r, Side Yant/�_ Na.al SotsBaseod ElevationFloElevationBulking Height /S1 Banah Mark 6 Location �` �,. Number of Lktits__[__ _ _ /t.A6este awn of aPewD Phone If el=_� tenon to Contact/ Description of Work "7. r^,+-?ci Wates Maar Sime ~ Permit 0,___Dee Sew Maur Size____Permit ti Data • Es tad Coat F Calm)atada (rS ,�Q i '--- - s�.}�1___EsEstimatedVValue •---- "FAILURE TO COMPLY WITH THE ___ _MECHANICS' LIEN LAW CAN RESULT IN ^ � THE PROPERTY OWNER PAYING TWICE FOR BUILDING IMPROVEMENTS." FS 71 3.1 35 2 of 2 APPLICATION FOR BUILDING PERMIT COLLIER COUNTY,FLORIDA The approved permit and/or permit applicadan expires if not commenced within six(6)months from date of issue. The permit or application fee will be doubled,if work is started without an approved permit. The permittee further under • - stands that only licensed contractors may be employed and that the structure aleanoljanialthEncemill until a Certificate of Occupancy is issued. I hereby certify that I have the authority to make the foregoing application,that the application is correct,and that the construction win conform to regulations in the Building Code,the Zoning Ordinance,and other provisions of the codes of Collier County. The processing of the attached Permit Application is contingent upon the swearing of the facts below: The below signed affiant swears that the below listed contractors of record on Permit# are the contractors of fact that are being used on this project. Below signed tenant also swears that if any change from the below listed contractors or sub-contractors it desired.the i cant will first provide the necessary notarized letters and a new affidavit. l/we further swear that 1 understand that the review and issuing of this permit domnaLexempt me from complying with all County Codes and Ordinances. SACT S: ` '/ //CI" fli Si6BD�Kl. Gael Contracbt �!n u NCI" 4..17< !1;r 4133.7D Address f.2)3 Ar.�e/+�I oy. Zip Coda 33917 Parson to Contact 111vn Phone lc/3—6477 Bed.Convector &4.' OH CE ri t- E� Oc V2.? C,L9 Plmb.Contractor_ sAc/ 7tt1//11C4$ Fr e. y st f 3055 CC Mach.Contr. �ij / s i't_/7lS • A — t/ Rooting sono- glia Rev Axj c1 c c o /95 ,28 Ovmer/BuBder ss It •— Nancp-BE-AWARE-THAT: Florida Statute#837.06-False Official Statements Law states that "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of bis official duty shall be guilty of a misdemeanor of the second degree,"punishable as provided by a fine to a maximum of$500.00 and/or maximum of a sixty day jail term. Chapter 489 of the Florida State Licensing Laws and Collier County Ordinance 685.42,Section 4.1.10-state that it is a violation to"Do any Fraudulent Act as a Contractor by which another is substantially inured" Violations of these Laws are punishable by the State and County Contractors Licensing Boards,in addition to tin criminal courts. STATE OF (F/or/lo ) COUNTY OF • ( //c r ) of Qualifier or Owner-Builder /NAME-(Typed or Printed) SWORN to and subscribed before me this.may of t/.... e .1912 ander the penalty of law. ..\.(\ ,3131) MY COMMISSION EXPIRES: / • c 1 — AW?YOaC,STAN OFLORIDA. ioOuTRU *Rruuaira' lPI - " H440 EXPIRES: U..rs1IflT( . 'L ACRNOWLEDGEMENT OF POSSIBLE DEED BUTRICTIONS OR RESTRICTIVE COVENANTS The land subject to this permit may be subject to deed,and other restrictions that may limit or impair the landownefs • rights. Collier County jS ma responsible for enforcement of these restrictions,nor are Collier County employees author- ized to provide legal or business advice to the public relative m these restrictions. The landowner or any applicant acting on behalf of the to seek professional advice. Sus,_ '9 Signature Date B 'g Permit No. Comments LU Cc D a ag v in - 1 ,f, u) .0 u i ' co to W IX ZQ n oZQyV4-2 $ �Paog� a ix. a. ill ia � Q � JgaaWQ lik .. d uig 4 , 1 i t- of k _ 03 1,Elie, P P. t 4-NE u-Nsic r . Z O MU a k• tr.i.w I ! ! = 1 i & >i. . iali °° 11 1 . k 14tNWJ :Et}! m Tit 4 ►"o su o o ig 1 0 L z ti ��Q V t�a 11 a ` 35.3 _ lifIu$ . wiw 4 'C +�Qa.V iW _Rmiri ..tt a. •• • w • ey O1� 01 ta CP 00 i 1 \ r�w� N 1 1 T COCX1 k /I/ • 1,11� /// \ / \ .C)00. T_ • .i CI J 06 / \\ �0OO >\ .'"?.Z .o o,' rps 04' Q 4 0 5• °g rob tr4 Z • r 'i• ide \ • 14 40 V% 41-‘ ,s \ f svg / o iv 0, "0s�\ /4.04 00. ` oo O\\ Yy / 5. O�6� a¢ 0 -J • 1 Q V •\ tI t � \` r Legal Description Lot 167, The Crossings, Mill Run, in accordance with and subject to the Plat recorded in Plat Book 15,Pages 39 through 41,Public Records of Collier County,Florida. • ORDINANCE 88- 25 AN ORDINANCE AMENDING ORDINANCE 82-2,THE COM- • PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR- PORATED AREA OF COLLIER COUNTY, FLORIDA BY • AMENDING THE ZONING ATLAS MAP NUMBER 49-25-1 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2, A-2"ST" and PUD TO "PUD", PLANNED UNIT DEVELOPMENT,KNOWN AS "SLEEPY HOLLOW" FOR 320 RESIDENTIAL DWELLING 1j UNITS FOR PROPERTY LOCATED 1/2 MILE WEST OF 6 :r-1 AIRPORT-PULLING ROAD, AT THE END OF ORANGE t, .%•J , BLOSSOM DRIVE, 189 + ACRES, IN SECTION 2, O' TOWNSHIP 49 SOUTH, RANGE 25 EAST, AND PROVIDING S2 v AN EFFECTIVE DLIE. WHEREAS, Wilson, Miiler,Barton, Soll & Peek, representing John T. Conroy, petitioned the Board of County Commissioners to change the Zoning Classification of the herein described real property; NOW. THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The Zoning Classification of the herein described real property located in Section 2, Township 49 South, Range 25 East, Collier County, Florida is changed from A-2, A-2"ST" and PUD to "PUD", Planned Unit Development in accordance with the PUD document attached hereto as Exhibit "A" which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map Number 49-25-1. as described in Ordinance 82-2, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon receipt of notice that is has been filed with the Secretary of State. DATE: March 1, 1988 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA % ,� . .:ATTEST! • BY:&-ss,re s4-' s'N-`. `' ,./ JAMES .C..•CILES, CLERK ARNOLD LEE GLASS, CHAIRMAN By= }� ---' c?/G w This ordinance filed with the Virgin Magri, Deputy erk Secretory of tato s Office the '26 . APPROVED AS TO FORMAND LEGAL SUFFICIENCY andfn «k^OWI*d9* t of that r recNvad thif day tJf�/t� B R. BRUCE ANDERSON awrrc .� ASSISTANT COUNTY ATTORNEY BOOK for)Prr127 R-87-18C Ordinance Attachment B ' �XH/BIT A WILSON• MItUER• BARTON• SOLL PEEK INC /1 r4 ' } . 87-18c SLEEPY HOLLOW A PLANNED UNIT DEVELOPMENT • 189.13 Acres located in •Section 2, Township 49 South, Range 25 East, Collier County, Florida • PREPARED BY: WILSON, MILLER, BARTON, SOLL i PEEK, INC. 1383 AIRPORT ROAD, NORTH NAPLES, FLORIDA 33942 October, 1987 4. DATE SUBMITTED: DATE AMENDED: June, 1987 DATE APPROVED BY BCC: ma rh ]9RR ORDINANCE NUMBER: pa-2s s 6 • ,. 7• Sc; ' Y ; eoac 030 F:«.128 I WILSON• UIUOLL ER • BARTON• SPEEK INC TABLE OF CONTENTS PAGE LIST OF EXHIBITS i SECTION I STATEMENT OF COMPLIANCE AND SHORT TITLE 1_1 SECTION II STATEMENT OF INTENT 2-1 SECTION III PROPERTY OWNERSHIP & LEGAL DESCRIPTION 3-1 ., SECTION IV y� LAND USE REGULATIONS 4-1 SECTION V GENERAL DEVELOPMENT COMMITMENTS 5-1 L., Jr M i,• 606K 030 rx'•'.12J WILSON• MILLER• BARTON•SOUL PEEK INC LIST OF EXHIBITS EXHIBIT A P.U.D. MASTER PLAN, WMBS&P File NO. RZ-148 Exhibit A EXHIBIT B TOPOGRAPHIC AERIAL/LOCATION MAP, WMBS&P File No. RZ-148, Exhibit B EXHIBIT C SOILS MAP, WMBS&P File No. RZ-148 Exhibit C EXHIBIT D VEGETATION MAP, WMBS&P File No. RZ-148 Exhibit D EXHIBIT E CONCEPTUAL WATER MANAGEMENT PLAN, WMBS&P File No. RZ-148, Exhibit E i. • •ti • i boon 030 Fm«130 1.' • i WILSON • MILLER• BARTON• SOLPEEK.INC SECTION I STATEMENT OF COMPLIANCE AND SHORT TITLE The purpose of this section is to express the intent of John T. Conroy, Trustee hereinafter referred to as Sponsor, to create a P.U.D. on 189.13 acres of land located in part of Section 2, Township 49 South, Range 25 East, Collier County, Florida. The name of this proposed development shall hence forth be known as SLEEPY HOLLOW. The development of SLEEPY HOLLOW as a Planned Unit Development will be in compliance with •.the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The residential development will he consistent with the growth policies and land development regulations of the Comprehensive Plan Land Use Element and other applicable documents for the following reasons: 1 . The subject property has the necessary rating points to determine availability of adequate community facilities and services in conformance with the Collier County Comprehensive Plan. 2. The project is compatible and complimentary to the surrounding land uses. 3. All improvements shall be in compliance with all applicable regulations. 4. There will be two sources of ingress and egress, one entrance from Goodlette-Frank Road Extension and one which connects and continues out to Airport Road. 5. The project will be served by a water management and utilities system as approved by the County. SHORT TITLE This Ordinance shall be known and cited as the Sleepy Hollow P.U.D. Ordinance. f a.• Ii 1-1 660K 030 ne.,.131 • I . ?, WILSON• wLLER• CARTON•COLL PEEKING • SECTION II • STATEMENT OF INTENT It is the sponsor' s intention to create a single family residential project. The units shall be located around existing conservation areas, manmade lakes and areas of natural • vegetation. • The residential development of the residential lots as shown in the PUD Master Plan shall demonstrate for its residents an eminently desireable, esthetically pleasing, and environmentally sound way of life. C. •K • V. • t• 2-1 y., s a. BOOK IX r'�O q pv 132 1 • MASON• MILLER• BARTON • SOLL6 REEK INC SECTION III PROPERTY OWNERSHIP I LEGAL DESCRIPTION 3.1 . PROPERTY OWNERSHIP The subject property is currently owned by Barnett Banks Land Trust #50-0247, and West Florida Investments, Inc. ' 3.2. LEGAL DESCRIPTION The subject property is described as follows: Part of the southwest 1/4 of Section 2, Township 49 South, Range 25 East, Collier County, Florida. (O.R. 973, page 1210) The South 1/2 of the southwest 1/4 of Section 2, Township 49 South, Range 25 East, Collier County, Florida. AND (O.R. 848, page 687) North 1/2 of the southwest 1/4, less that parcel of land described in O.R. Book 688, page 1324, Public Records of Collier County, Florida, also being the southerly 796.70 feet of the easterly 470.61 feet thereof, in Section 2, Township 49 South, Range 25 East, Collier County, Florida. Subject to easements and restrictions. i, • 1 3-1 ii h.. i. i' eoox 03O Fu, 133 %ILSON• MILLER• BARTON•SOIL&PEEK INC SECTION IV GENERAL DEVELOPMENT REGULATIONS 4.1. PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, the respective land uses included in the project, as well as the project criteria. 4.2. GENERAL Regulations for development shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the "Collier County Zoning Ordinance". Residential areas designated on the Master Plan are- to accommodate single family housing, zero lot line, patio homes, essential services and customary accessory uses. 4.3. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: a) Permitted Principal Uses and Structures: 1 ) Single family detached dwellings, zero lot line and patio homes. 2) Water management facilities and lakes. 3) Conservation and recreational facilities may include but shall not be limited to swimming pool, tennis courts, playground and recreational equipment and bath house. b) Permitted Accessory Uses and Structures: 1) Customary accessory uses and structures. 2) Signs. 3) Guest houses (estate lots only). 4) Model units shall be permitted in conjunction with the promotion of the development. The model units shall be converted to residences at the end of a five year period unless otherwise specifically approved by the County. 5) On-site sewage treatment facilities and essential services. 6) Gate houses. 7) Privacy and entry walls. 4.4. PERMITTED MAXIMUM NUMBER OF DWELLING UNITS Three hundred and twenty (320) residential dwelling units. 4-1 is SOCK vvl)mI 134 I wiLSON• M4IER• BAA oN• SOLL L PEEK.INC 4.5. MINIMUM LOT REQUIREMENTS AND SETBACKS: Lot Type 'A' a) Minimum lot width at front yard setback line: Rectangular lots: 90' __ Cul-de-sac lots: 45' b) Minimum lot area: 10,800 square feet. c) Minimum front yard setback: 30' from dedicated right- of-way. d) Minimum side yard setback: 10' e) Minimum rear yard setback - interior lots: 25' . f) Minimum rear yard setback - perimeter lots: 30' S g) Minimum rear yard setback - conservation and lake front lots: 0' providing architectural bank treatment is incorporated into design, otherwise 15' . h) Accessory structures: Minimum side yard setback same as principal structure; minimum rear yard setback: 10 feet. Lot Type 'B' a) Minimum lot width at front yard setback line: Rectangular lots: 50' Cul-de-sac lots: 25' b) Minimum lot area: 6,000 square feet c) Minimum front yard setback: 20' from dedicated right-of-way. d) Minimum side yard setback: 0' or 5' e) Minimum rear yard setback - interior lots: 15' f) Minimum rear yard setback - perimeter lots: 20' g) Minimum rear yard setback - conservation and lake front lots: 0' providing architectural bank treatment is incorporated into design, otherwise 15'. h) Accessory structures: Minimum side yard setback same as principal structure; minimum rear yard setback: 10 feet. 4-2 i, I, s BOOK Calm, 135 WILSON• MILLER• BARTON• KU t PEEK INC 4.6. MINIMUM FLOOR AREA OF RESIDENTIAL UNITS • Lot Type 'A' 1200 square feet for each dwelling unit, 1500 square feet for two-story not including garages, porches, and guest houses. Lot Type 'B' • 800 square feet for each dwelling unit, 1000 for two-story not including garages, and porches. 4.7. MAXIMUM HEIGHT OF STRUCTURES a) Principal structures: 30' b) Accessory structures: 15' 4.8. MINIMUM STANDARDS Minimum standards for parking, landscaping, lighting, and signage, walls, guard houses and security gates, and any other standards not specified herein, shall be in conformance with applicable County standards in effect at the time permits are sought. 4.9. PROJECT DENSITY The total acreage of Sleepy Hollow is approximately 189.13 acres. The maximum number of dwelling units to be built on the total acreage is 320. The number of dwelling units per gross acre is approximately 1.69. 4.10.LAKES AND RETENTION Proposed lakes and stormwater retention areas have been sited in proximity to existing and proposed roadways to permit optimum use of the land, increase the efficiency of the water management system and enhance the projects overall aesthetic character. Please refer to Exhibit "A" - Master Site Plan for the proposed location of major lakes and retention areas. Accordingly, the setback requirements described in Ordinance 80-26, Section 8A, as amended by Ordinance 83-3, as may be amended in the future, may be reduced with the approval of the County Engineer. .: . t. 4-3 BOOK 030°3r.' 136 f . WILSON • M.uttEll• BARtON• SOLL&PEEK INC 1 SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1 . PURPOSE The purpose of this Section is to set forth the standards for development of the project. 5.2. TRAFFIC IMPROVEMENTS a. Left and right turn storage lanes if required by Ordinance 82-91 shall be provided at the project entrances on Orange Blossom Drive by the developer. •- b. The developer shall provide a fair share contribution toward the capital cost of a traffic signal if required and when deemed warranted by the County Engineer. The signal shall be owned, operated and maintained by Collier County. 0 c. The west entrance road to the development shall be aligned to coordinate with the project Woodbridge located immediately to the north. d. A sidewalk/bike path shall be designed for the project and submitted to the County for approval prior to development. e. The roads within Sleepy Hollow are planned to be private roads. They will treet standards, with the option reducing the d to eeasement local swidth from' 60' to 50' with the approval of the County Engineer. f. The Petitioner shall provide street lighting at the project entrances along Orange Blossom Drive. g. The above improvements are considered "site related" as defined in Ordinance 85-55 and shall not be counted as credits toward any impact fee required under that ordinance. h. The following exceptions to the Subdivision Regulations shall be granted subject to the County Engineer's approval. 1 . Article XI, Section 1 - Reduce distance from inter- section of right-of-way lines. 2. Article XI, Section 17.H - 1 ,000 feet maximum length of cul-de-sac. 3. Article XI. Section 17.J - 100 feet minimum tangent at intersections subject to County Engineer's approval. 5-1 um 030?v.!137 F.r A I. • 1. ),i wn5ON• MILLER• CARTON•soils PEEK INC 4. Article XI Section 10: Monuments 5. Article XI Section 17G: Street Pavement Widths - waive requirements for private local roads to have two (2) twelve foot lanes, subject to the approval of the County Engineer, (reduce to two ten foot lanes) . 6. Article XI Section 171: Curb Radii - Reduce requirements from forty (40) feet radius to thirty (30) feet radius at local to local road intersections only. 7. Article XI Section 21: Utility Casings. i. In accordance with Ordinance 85-55, requiring development to contribute its proportionate share of funds to accommodate the impact of proposed development and area roads; Sleepy Hollow or its successors or assigns, agrees to pay road impact fees in accordance with the ordinance, at such time as building permits are requested. 5.3. SOLID WASTE DISPOSAL Arrangements and agreements shall be with the approved solid waste disposal service to provide for solid waste collection service to all areas of the project. 5.4. PUD MASTER DEVELOPMENT PLAN a. The PUD Master Plan (Wilson, Miller, Barton, Soil i Peek, Inc. Drawing File No. RZ-148, Exhibit 'A' ) is an illustrative preliminary development plan. b. The design criteria and layout illustrated on the Master Plan shall be understood as flexible so that, the final design may satisfy the project and comply with all applicable requirements. • c. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. d. Minor design changes shall be permitted subject to County staff administrative approval. e. Areas illustrative as "lakes" shall be constructed lakes, or upon approval, parts thereof may be green areas in which as much natural foliage as practicable shall be preserved. Such areas, lakes and/or natural green areas, shall be of general area and configuration as shown on the Master,Plan. 5-2 BoxQ3nw 13S if IMILSON• MILLER• ...TON • SOtt&PEEK INC :V" ;1 S.S. UTILITIES a. To be included in accordance with the agreed upon stipulations of the County Utilities Engineer. 5.6. WATER MANAGEMENT a. To be included in accordance with the agreed upon stipulations of the Water Management Advisory Board. 5.7. ENVIRONMENTAL a. To be included in accordance with the agreed upon stipulations of the Environmental••Advisory Council. t ' t r• ts• � fes. L. TI. 1• 5-3 • 800K Guf WI 139 f 4 i t• E • t Iv all'O � ilk'-_-- .ate ® e,, — L•� • A� ; a t �1 . S; et j ; : Iff it Is1 :i, e i I f11 • :•- -. _ oo11n, •� 3, O F �dd481`,a • *4,4 « 22 u,,,& or' sT• .041114&44r-,.--%rg'if- II --'- . tft-likEMPIA~ X1 1,, ti cc • = t pi • t } $ 1 " 13111 : if U 1i Ili I ; i i I WI , )IV 1 113. ' :; • ; Ji UI I • HI ; g .< ! i i a v ■ sIez .: i411 ! • r CC•; C• • • gip nut .. 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AP ' . i...•-11 .: .% '. ... ...•1:4 %• '-•%•-•: .-.'•'•- "t!AV 4 ay. •t.':• ....,".%z... 4,..E.•t•::'• .,...:, '..,..,,,•:c%!•-•:` • :. ..r-1 %; ••%47.,..*:.,..?..* ..14. 1.:_,..?......1 :7;•!.i. ••.•'• t.... .: .. •.. .1:- . . ..'..•%;-.4,.;.2.sm.',•I'On•I.:. :' t ..• . lb oi I:.41, •^.2. •••••ii•Zi... 4.,• ....a•. ,. • , .., 4 l• 1!. 4 ,. 4 600K 030°IQ 141 r • t,: i _ fI } t 1 liti s I 1I iiJJ F y i `u d i 8 ,11 L.x—Arip 74.474 11111' \ / %.4.0 MI 44rr. i a 2 13 .r.../'..."1 rT 0 . • • • ) 1 i .' : ' • . • • 6001t O JO rAr.! 142 __________.__._....„... .t„. I . : it. . 9 ii i I '! !'!! i I i ill i II i4k 1 2 "II I ler ill . g 3 i t •I a • a Qa f fl 11 . IS Gw '. Ili I Ailltogeo ()Z.'? ile a a a i Y :ii.". ... BOOK 6:30,1.,, 143 ' r , r .7 ti. I • ;CI 1 i i z. !'"`�-, » ......-,-,...--1 i--7 -,,-,--,'.� ., Ate. ✓ -1 I ...... .--, ... ., r 3 . ; •: - • -i i / !., ‘, i 17' " --A -T-----IN —N-- ,:. . - 4:3:- • NZP/- (11 '4141 ‘ ' It-:)k-e\il/,., . ' 4114.1 .- mc '''''''' • 416. 4* i 1111111111,100 ' '\ ,. .'*-- liZ''''‘'''...N. 4:' ;i'lt‘ .. r ..m. 1111 . O� . ! _ -.•_� r' 1111-44) * • riti t r = V f4,1 : I • i l II I ) )I it• !ii i l'r . 1 1 I a i i 1 s:_' , {-3 11 t • its 1i ;. t3 _{ _� • ; 1 ! 11 a I I f ! } IP I < I c ; 4. x p C` C:"s=ic • I = n !; i , ; ; ! 5 •�Z 'ielk .•i• ; ;11.: 1111 is f ;. • n n BOOR 030,1,, 144 ... A. w r 1, • AGREEMENT r-- I, Alan Reynolds, A.I.C.P., of Wilson, Miller, Barton, Soll and Peek. Inc. as.owner or authorized agent for Petition R-87-18C, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on February 4, 1988: a. Petitioner shall be subject to Ordinance 75-21 for the tree/ vegetation removal ordinance in existence at the time of permitting), requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources.Management Department for their review and subject to approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. b. Native species shall be utilized, where available, to the maximum extent possible :.n the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and subject to their approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. c. All exotic plants, as defined in the County Code. shall be removed during each phase of construction from development areas, open apace areas. and preserve areas. Following site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Natural Resources Management Department and the Community Development Division. d. If during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all dcvelPpment at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvagsability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activitee. I . E 4' , a '. T, B00% Omen r+"145 { i. e. All preserve areas as designated on the Master Plan must be flagged by the petitioner prior to any construction in the abutting area, and habitat preserve boundaries will be subject to the review and approval of the Natural Resources Management Department. f. To increase lake productivities and habitat values, lake side slopes will be 4:1 out to a depth of three (3) fest from mean low water levels. Petitioner shall investigate vegetating littoral shelf areas with various native plant species (upon request, the Natural Resources Management Department can provide pertinent information concerning plant species). g. Petitioner shall design and implement a program to prevent and/or reduce populations of noxious/exotic plant populations within lakes, specifically, but not limited to, preventing growth of hydrilla (Rydrilla verticilleta), water hyacinth (Eichhornia cressi es), and (to a lesser degree) cattails (Typha latifolia ; this program will be subject to the review and approval of the Natural Resources Management Department. h. Petitioner will design, construct, and maintain a water management plan and structures (lakes, wales. culverts, etc.) in an effort to restore water levels in wetland preserve areas to their original (historical) hydroperiods. i. Final alignment and configuration of water management structures (lakes, swales, etc.) shall be subject to minor field adjustments to minimize habitat destruction. This adjustment occurs at the time staff is reviewing and approving the clearing limits. Areas subject to protection must be flagged by the petitioner, the alignment/configurations to be subject to the review and approval of the Natural Resources Management Department. j. Where applicable due to development, components of native plant communities will be transplanted within preserve areas and/or as landscape elements within the project. Examples of plants species appropriate for transplant would include sabal palms Sabal palmetto). wax myrtle (Myrica cerifera). dahoon holly Ilex cassine), and blechnum ferns (Blechnum sp.). k. A native vegetated corridor will interconnect the northern and southern wetland areas allowing for the road crossing to occur. x ;4• 2 BOOK 030 P,«146 1. Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer. m. An Excavation Permit will be required for the proposed lakes in accordance with Collier County Ordinance No, 80-26, as amended by Ordinance No. 83-3 and as may be amended 1n the future. • n. Petitioner shall verify the existence of drainage easements from the project south to the Cordon River Extension and upgrade the drainage outfall system. as required, to Pine Ridge Road to accommodate the design discharge. Failure to verify these easements or upgrade the outfall system will require resubmittal to W.M.A.B. of an alternate water management plan with zero off-site discharge. o. The developer shall provide a fair share contribution toward the capital cost of traffic signals at the intersections of Goodlette-Frank Road/Orange Blossom Drive and Airport-Pulling/ Orange Blossom Drive when deemed warranted by the County Engineer. The signals shall be owned, operated and maintained by Collier County. p. The developer shall provide a fair share contribution to the County at the time of construction of the southbound left turn lane on Goodlette-Frank Road at the Orange Blossom Drive intersection. q. These improvements are considered "site related" as defined in Ordinance 85-55 and shall not be applied as credits toward any impact fees required by that ordinance. r. All traffic control devices utilized, excluding street name signs, shall conform with the Manual on Uniform Traffic Control Devices in accordance with Chapter 316.0747. Florida Statues. s. The Utilities Division reviewed this Petition and has no objection to its approval subject to the stipulations per their memo dated June 9. 1987 with the following revision to item 5g.: The Developer, his assignees or successors agree to pay all system development charges pursuant to appropriate County Ordinance(s) under any of the following conditions. whichever occurs first: a. Whenever such person connects an existing structure to a water system and/or a sewer system owned or operated by the County; or 3 •'s .; 800K Oan f 1 147 i ' b. Whenever such parson applies for a building permit and prior to issuance of a building permit to alter an existing structure previously connected to a water system and/or sewer system owned or operated by the County, where such alteration increases the potential demand on the County's system(a); or c. Whenever 'inch person applies for a building permit and prior to issuance of a building permit to construct a structure which will be connected to a water system and/or sewer system owned or operated by the County under Phases 1, 2 or 3 of the County's Master Water and Sewer Plans, even though such person may receive interim water and/or interim sewer service from a source other than the County. These requirements shall be made known to all prospective buyers of properties within the project. t. Plans and specifications will need to be submitted individually to be reviewed for compliance with CCPRU rules and State of Florida regulations. u. The Utility Provision submitted with this petition indicates that a package treatment plant shall be used for sewage disposal. The Environmental Science and Pollution Control Department (ESPCD) suggests that if a package treatment plant is used that the petitioner should abide by the appropriate Florida Administrative Codas. v. The developer shall provide fire hydrants connected to area water mains for the proposed 16 modal homes; or: The developer may provide a pond vith drafting hydrants as spelled out in NFPA 1231 Standard. on water supplies for suburban and rural fire fighting. If the developer chooses to go with NFPA 1231, the District will limit it to only the 16 models. The hydrants shall be spaced within 300 feet of each modal and the developer shall provide a hard suction hose and adapter for each hydrant. This alternative to providing water mains applies only to the 16 model homes. w. The connection of Orange Blossom Drive from Goodlette Road to Airport Road is being accommodated through this project. The right-of-way presently varies from 100 to 60 feet in width. This project proposes an 84 foot right-of-way for this road. No direct driveway access shall be permitted on Orange Blossom Drive. fir it 4 V, i 5 60DK MMOL' 148 ;. x. The developer shall provide a crass-section of Orange Blossom Drive to the County Engineer so that the design for the extension of Orange Blossom Drive may be agreed upon between the County and the developer. y. The PUD document (Section 5.2.h) requests certain exceptions to the Subdivision Regulations. They may be approved with the following additions: 1. All design exceptions shall be requested to the County Engineer prior to preparation of the final construction plans. 2. Article XI, Section 10 Monuments - shall be required in accordance with State Statute* end as approved by the County Engineer. The use of water valve covers when monuments occur within street pavement shall not be required. 3. Article XI. Section 17G Street pavement Widths - may be reduced to two - ten foot lamer. if the ADT is less than 200. s. All recommended stipulations within this Staff Report shall be added in the appropriate sections of the PUD document. aa. Section 4.11, Model Homes, shall be amended to include the petitioner's choice of fire protection as described in 19 of this Staff Report. bb. Section 4.11, Model Homes, add a new requirement that a site development plan shall be required prior to building permits being issued for the model homes. cc. Section 4.Ile, Model Homes, replace Section "2.11" with Section "4.12a". dd. Section 4.11f, Model Homes, add language to clarify that sales, marketing, and administrative functions are for this project only, ee. Add a new section, Landscape Buffering that sets forth standards for the treatment of the perimeters of the PUD. The standards should conform to Section 8.37 of the Zoning Ordinance with the exception that opacity may be 40 percent rather than 80 percent around the edges of the project. ff. Section 4.3b Permitted Accessory Uses and Structures, add language to only permit guest houses in accordance with Section 8.38 of the Zoning Ordinance. 5 1 ► ,,. BOOK ea)rv.S 149 gg. Section 4.3b, Permitted Accessory Uses and Structures. add language to require the sewage treatment plant to have a minimum 50 feet setback along all property lines which shall be left in native vegetation and to require a landscape buffer • per Section 8.37 of the Zoning Ordinance (82-2) around the sewage treatment plant site. hh. Section 4.8, Minimum Standards, shall be amended to include minimum standards for guard es a,. security gates. AmaMmt. 4t1 A( • P TIT iNER OR . ENT • iretiA_ 9 • PRES TIVE1- CCPC SWORN TO AND SUBSCRIBED BEFORE ME THIS Z t DAY OF e , 1988. , (le14. NOTARY • SEALf:'/ta•$7871 oR tARMA `, �,.. ''. trio. i1f111 M! COMMISSION EXPIRES: =T '" a{eta l's,r.. • 1) • • •••• '1 ., yti L .j R-87-18C Agreement Sheet r. i. 6 4. • g00K Count.' 150 � . STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 88-25 which was adopted by the Board of County Commissioners on the 1st day of March, 1988, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of March, 1988, r JAMES C. GILES A • Clerk of Courts and Clerkt.17 ,...••,..• Ex-officio to Board of County mmissioners •�•" •• By: Vhw.✓(/ 44' 'moi• Yfginia Magri Deputy Clerk •' i• ti sQD 030 Pr!151 Comcast 12600 Westlinks Drive Fort Myers, FL 33913 Phone: 239-432-1805 August 7,2015 Grant,Fridkin and Pearson C/O Charles Whittington 5551 Ridgewood Drive, Suite 501 Naples,Florida 34108 Re: 6933 Wellington Drive,Naples,FL Dear Charles Whittington, This letter will serve to inform you that Comcast has no objection at the easement • in the rear at the address referenced above or the homeowners'petition for variance, including the homeowners request to extend their pool screen cage enclosure as depicted in the conceptual site plan dated July 16,2015. We are underground in the front easement. Should you require additional information or assistance,please feel free to contact me here at 432-1805. Cordially, Mark Cook Project Coordinator Attachment C S • Po CenturyLink CenturyLink 3530 Kraft Rd. Unit 100 Naples, FL 34105 August 05,2015 Charles C.Whittington Attorney at Law Grant Fridkin Pearson. 5551 Ridgewood Dr, Suite 501. Naples,FL 34108 RE: No objection to vacate easement—6933 Wellington Drive • Dear Mr. Whittington: In response to your letter dated August 05,2015,regarding the vacation of existing rear easement as identified on submitted document(survey#14877)to this office;and with address of 6933 Wellington Drive at The Crossing at Mill Run, in Naples, Collier County,Florida; CenturyLink has no objection to the vacation of such easement. If I can be of further assistance,feel free to contact me at 239-263-6222 or email Walter.A.Alvarez@CenturvLink.com Sincerely Yours A\ IVY Walter Alvarez Access Engineer II CenturyLink • 0 Florida Power&Light Company,26430 Old US 41 Rd,Naples,FL 34135 239-947-7372 IIIII FPL August 12th, 2015 Charles C. Whittington Grant Fridkin Pearson, PA 5551 Ridgewood Drive Suite 501 Naples, Florida 34108 Re: Platted Easement Encroachment 6933 Wellington Dr, Naples, FL 34103— Pool Screen Enclosure Mr. Charles C. Whittington: Thank you for contacting FPL about the encroachment of the Pool screen cage and • paving encroachment into the platted utility easement at the referenced location. FPL has no objection to this existing encroachment and will not require its removal; however FPL does not agree to the future encroachment of any other structures into the easement, also there may be no footings installed within this easement. Clear access to the easement must be available to FPL on each end of the property for future restoration events. if t can be of any further assistance, please contact me at(239)947-7372. Sincerel , A "/Theodore Bruney Associate Engineer 0 A NEXTera ENERGY Company I • August 10,2015 Collier County Hearing Examiner 2800 North Horseshoe Drive Naples,FL 34104 Re: Petition No. P110150000735,Petition for Variance for 6933 Wellington Drive, Naples, FL 34109 Dear Mr.Strain, I am the President of The Community Association for Mill Run, Collier County, Inc. (the "Association") where Michael and Wendy Thomas, the petitioners, reside. On behalf of the Association, I am again writing to support Michael and Wendy Thomas' Petition for Variance, including the Thomas' request to extend their pool screen cage enclosure. The location of the Thomas' existing pool screen cage enclosure,as well as the proposed extension thereof,does not negatively affect the neighborhood.The Association fully supports Michael and Wendy Thomas and urges you to grant their request for a variance. If you have any questions,please do not hesitate to contact me at:(239)599-4568. Sincerely, r i • Mi. ael Hackle ,•n,President • Attachment D • July ,: , 2015 Collier County Hearing Examiner 2800 North Horseshoe Drive Naples, Fl 34104 Re: Petition No. PL20150000735,Petition for Variance for 6933 Wellington Drive, Naples, Fl 34109 Dear Mr. Strain, I Wendy Levin reside at 6945 Wellington Drive, Naples, Fl 34109. My property abuts the petitioners property located at 6933 Wellington Drive,Naples Fl 34109. I am writing in support of Michael and Wendy Thomas' Petition for Variance. The location of the pool screen cage enclosure currently and with the requested addition does not affect the neighborhood or my property. I fully support Michael and Wendy Thomas and I urge you to grant their request for a variance. If you have any questions please do not hesitate to . contact me at (973) 808-6631 Sincerely, 1 Wendy Levin S