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HEX Backup Documents 11/13/2015 COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS NOVEMBER 13, 2015 AGENDA THE COLLIER COUNTY FEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON FRIDAY, NOVEMBER 13, 2015 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENTIPLANNING & REGULATION BUILDING, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF - ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES: October 8, 2015 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. VA- PL20140001970 — Geneva B. Spencer, Trustee of the Geneva B. Spencer Revocable Trust Agreement, requests a variance from Section 3.5 D of Ordinance No. 05 -14, the Silver Lakes Mixed Use Planned Unit Development (MPUD), to reduce the minimum front yard setback from 10 feet to 2.9 feet for an existing mobile home with a front yard balcony on property located at Lot 12, Block 2, Silver Lakes Phase Two -A subdivision, on the east side of Collier Blvd, approximately one mile south of the Collier Blvd. and U.S. 41 intersection, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: Rachel Beasley, Planner] 5. OTHER BUSINESS 6. PUBLIC COMMENTS 7. ADJOURN HEX November 13, 2015 VA- PL20140001970 Martha S. Vergara 1063 Diamond Lake Circle _ From: Rodriguez, Wanda Sent: Wednesday, October 21, 2015 11:34 AM To: BeasleyRachel; Minutes and Records Cc: Ann P. Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; Lang, Ashley; Neet, Virginia; Stone, Scott; Ashton, Heidi Subject: RE: 1063 Diamond Lake Advertising for 11/13/15 HEX Attachments: 1063 Diamond Lake Circle_ Ad to Newspaper.docx; Legal ad - HEX - Silver Lakes0001.pdf Rachel, We are far past the deadline to be able to run an ad this Friday. Due to the fact that this was an advertising error that was not the fault of the applicant, the County Attorney's office is in agreement that this ad may run on Wednesday, October 28, 2015, and still fulfill legal advertising requirements. Otherwise the ad request is good. Martha, This is the ad I discussed with you yesterday afternoon. The text and map of this display ad are the same as the previous one (copy attached), with the exception of the hearing date and one measurement, as highlighted. Please let me know if you have any questions. Wanda Rodriguez, MCP .Advanced Certified ParategaC Office of the County .Attorney (239) 252 -8400 From: BeasleyRachel Sent: Wednesday, October 21, 2015 11:21 AM To: Minutes and Records Cc: Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; LangAshley; NeetVirginia; RodriguezWanda Subject: 1063 Diamond Lake Advertising for 11/13/15 HEX Good morning, Please advertise the 1063 Diamond Lake Circle petition attachments for the November 13, 2015 , HEX hearing. I apologize for the short notice as this petition has to be readvertised. Please let me know if you have any questions. Sincerely, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department - Planning & Regulation Telephone: 239.252.8202; Fax: 239.252.6483 October 21, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on October 23, 2015, and furnish proof of publication to the attention of Rachel Beasley, Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 Authoro Designee signature for HEX Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Friday, November 13th, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples Fl 34104, to consider: PETITION NO. VA- PL20140001970 — Geneva B. Spencer, Trustee of the Geneva B. Spencer Revocable Trust Agreement, requests a variance from Section 3.5 D of Ordinance No. 05 -14, the Silver Lakes Mixed Use Planned Unit Development (MPUD), to reduce the minimum front yard setback from 10 feet to 2.9 feet for an existing mobile home with a front yard balcony on property located at Lot 12, Block 2, Silver Lakes Phase Two -A subdivision, on the east side of Collier Blvd, approximately one mile south of the Collier Blvd. and U.S. 41 intersection, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida ■| (0 z§ § § #m % | / Acct #076397 October 219 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: VA- PL20140001970, 1063 Diamond Lake Circle (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) Wednesday, October 28, 2015, and send duplicate Affidavits of Publication, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500162858 October 21, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on October 28, 2015, and furnish proof of publication to the attention of the Board's Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement must be a 1l4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} FUND & COST CENTER: 131 - 138326 - 649100 -00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 Authorized Designee signature for HEX Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Friday, November 13th, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples F134104, to consider: PETITION NO. VA- PL20140001970 — Geneva B. Spencer, Trustee of the Geneva B. Spencer Revocable Trust Agreement, requests a variance from Section 3.5 D of Ordinance No. 05 -14, the Silver Lakes Mixed Use Planned Unit Development (MPUD), to reduce the minimum front yard setback from 10 feet to 2.9 feet for an existing mobile home with a front yard balcony on property located at Lot 12, Block 2, Silver Lakes Phase Two -A subdivision, on the east side of Collier Blvd, approximately one mile south of the Collier Blvd. and U.S. 41 intersection, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida a o� o� � D c -MllFn 6MEVIAO (SA 051) �y �y� yD F �� gC Martha S. Veraara From: Martha S. Vergara Sent: Thursday, October 22, 2015 8:01 AM To: Naples Daily News Legals; Gori, Ivonne (ivonne.gori @naplesnews.com) Subject: VA- PL20140001970, 1063 Diamond Lake Circle (HEX) Attachments: VA- PL20140001970, 1063 Diamond Lake Circle (HEX 11- 13- 15).doc; VA- PL20140001970, 1063 Diamond Lake Circle (HEX 11- 13- 15).doc; VA- PL20140001970 1063 Diamond Lake Circle MAP (11 -13 -15 HEX).pdf Sorry, I noticed that I didn't attached the docs.. Attached From: Martha S. Vergara Sent: Wednesday, October 21, 2015 12:14 PM To: Naples Daily News Legals Subject: VA- PL20140001970, 1063 Diamond Lake Circle (HEX) Hello, Please advertise the following attached ad Wednesday, October 28, 2015. Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergarakeollierclerk.com Martha S. Vergara From: Gori, Ivonne <ivonne.gori @naplesnews.com> Sent: Friday, October 23, 2015 11:40 AM To: Martha S. Vergara Subject: Proof 758992 Attachments: NDNB758992.pdf Proof for your review and approval. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0:239.213.6061 F: 239.352.1251 E: ivonne.gori(u� Naples News. corn A: 1100 Immokalee Road I Naples, FL 34110 ®4 lilts i NaI e st4c-ws com PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Friday, November 13th, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FI 34104, to consider: PETITION NO. VA- PL20140001970 — Geneva B. Spencer, Trustee of the Geneva B. Spencer Revocable Trust Agreement, requests a variance from Section 3.5 D of Ordinance No. 05 -14, the Silver Lakes Mixed Use Planned Unit Development (MPUD), to reduce the minimum front yard setback from 10 feet to 2.9 feet for an existing mobile home with a front yard balcony on property located at Lot 12, Block 2, Silver Lakes Phase Two -A subdivision, on the east side of Collier Blvd, approximately one mile south of the Collier Blvd. and U.S. 41 intersection, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. B _ A GO AVENUE le 0 I6 16 N IJ 17 I1 lb 0 6 7 6 5 { 3 1 Oy lA 6z 10 3J iA 6A x 11 17 t6 1B ?D 11 91 13 16 % Y7 26 79 30 1 6A Q 11 COCONUT AVENUE 7 3 >. � r w xa 26 17 ae 16 4 21 21 N 19 16 17 16 15 11 13 11 it 1p B B SITE 37 36 LOCATION 1 T 3 6 6 7 B 1617 16 t0 1111 PALM AVENUE x ' 3 fA 1 2 J 1 6 6 7 0 B 10 1112 13 / i6 IB 17161910 PALM AVE 31 31 33 1RAC T 1 p KEY PASS RUX* WWI 16 mAACT 1 GOODLAND B�Ge y. PILL c 1 All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (239) 252- 8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No 758992 October 28. 2015 Martha S. Vergara From: Martha S. Vergara Sent: Friday, October 23, 2015 11:50 AM To: BeasleyRachel (Rachel Beasley@ coIIiergov.net); Rodriguez, Wanda; Stone, Scott; Ashton, Heidi Subject: HEX Ad Proof - 1063 Diamond Lake Circle Attachments: NDNB758992.pdf Hello All, I have attached the ad proof for your review, please let me know of any changes needed. Thanks, Martha P.S. Heidi & Scott I didn't know who's ad this belongs to so I tagged you both. Sorry for any inconvenience. Martha S. Vergara From: Stone, Scott Sent: Friday, October 23, 2015 12:47 PM To: Martha S. Vergara; BeasleyRachel; Rodriguez, Wanda; Ashton, Heidi Subject: RE: HEX Ad Proof - 1063 Diamond Lake Circle Rachel, That map looks a bit off —this petition only affects one lot, but the area depicted as "Site Location" looks to include numerous lots (I can't tell what it under the black highlighting). Scott A. Stone Assistant County Attorney Collier County Attorney's Office (239) 252 -5740 From: Martha S. Vergara [ma ilto: Martha .Vergara(a)colIierclerk.com] Sent: Friday, October 23, 2015 11:50 AM To: BeasleyRachel; RodriguezWanda; StoneScott; AshtonHeidi Subject: HEX Ad Proof - 1063 Diamond Lake Circle Hello All, I have attached the ad proof for your review, please let me know of any changes needed. Thanks, Martha P.S. Heidi & Scott I didn't know who's ad this belongs to so I tagged you both. Sorry for any inconvenience. Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Martha S. Vergara From: BeasleyRachel <RachelBeasley @ col Iiergov.net> Sent: Friday, October 23, 2015 1:01 PM To: Stone, Scott; Martha S. Vergara; Rodriguez, Wanda; Ashton, Heidi Subject: RE: HEX Ad Proof - 1063 Diamond Lake Circle Attachments: 1063 Diamond Lake Circle (2x3) Map.pdf You are correct; this map is off, it's a map of Goodland. I attach map which shows the correct location. From: StoneScott Sent: Friday, October 23, 2015 12:47 PM To: Martha S. Vergara; BeasleyRachel; RodriguezWanda; AshtonHeidi Subject: RE: HEX Ad Proof - 1063 Diamond Lake Circle Rachel, That map looks a bit off —this petition only affects one lot, but the area depicted as "Site Location" looks to include numerous lots (I can't tell what it under the black highlighting). Scott A. Stone Assistant County Attorney Collier County Attorney's Office (239) 252 -5740 From: Martha S. Vergara [ma i Ito: Martha .Vergara(�bcolIierclerk.com] Sent: Friday, October 23, 2015 11:50 AM To: BeasleyRachel; RodriguezWanda; StoneScott; AshtonHeidi Subject: HEX Ad Proof - 1063 Diamond Lake Circle Hello All, I have attached the ad proof for your review, please let me know of any changes needed. Thanks, Martha P.S. Heidi & Scott I didn't know who's ad this belongs to so I tagged you both. Sorry for any inconvenience. Under Florida Law, e -mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. % � |; § §� §m | 2 |■ g . || C... ADAJEVARD #_ �° ■ | q d § |~ « �7 � Martha S. Vergara I From: Martha S. Vergara Sent: Friday, October 23, 2015 2:08 PM To: 'Gori, Ivonne' Subject: REVISION REQUEST RE: Proof 758992 Attachments: VA-PL20140001970 1063 Diamond Lake Circle MAP (11-13-15 HEX).pdf Importance: High Ivonne, The department that requested this ad.. just realized that the wrong map was provided. I have attached the correct map, can you please have the new map inserted into this ad proof. Thanks, Martha From: God, Ivonne [mailto:ivonne.gori@naplesnews.com] Sent: Friday, October 23, 2015 11:40 AM To: Martha S. Vergara Subject: Proof 758992 Proof for your review and approval. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0:239.213.6061 F: 239.352.1251 E: ivon ne. gori(c) Naples News. com A: 1100 Immokalee Road I Naples, FL 34110 4-laitil ON* i* 4W N,*:AesNews,corn 1 LA o� o� a D � =i m ell Martha S. Vergara From: Gori, Ivonne <ivonne.gori @naplesnews.com> Sent: Friday, October 23, 2015 3:40 PM To: Martha S. Vergara Subject: REVISED proof 758992 Attachments: REVISEDNDNB758992.pdf Please see revised proof attached. Thanks! Ivonne Gori I Legal Advertising Specialist 0:239.213.6061 F: 239.352.1251 E: ivonne.goriCc) Naples News. corn A: 1100 Immokalee Road I Naples, FL 34110 ' " r A'Ps I > 1' PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HE)Q at 9:00 A.M., on Friday, November 13th, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples A 34104, to consider: PETITION NO. VA- PL20140001970 — Geneva B. Spencer, Trustee of the Geneva B. Spencer Revocable Trust Agreement, requests a variance from Section 3.5 D of Ordinance No. 05 -14, the Silver Lakes Mixed Use Planned Unit Development (MPUD), to reduce the minimum front yard setback from 10 feet to 2.9 feet for an existing mobile home with a front yard balcony on property located at Lot 12, Block 2, Silver Lakes Phase Two -A subdivision, on the east side of Collier Blvd, approximately one mile south of the Collier Blvd. and U.S. 41 intersection, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (239) 252- 8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No. 758992 October 28, 2015 NENIWORIN 5 STALES LANDS END 4 EAGLE 3 p�gNjE l 2 PRESERVE CREEK WINCING DOCKSIDE RE9 CYPRESS (P) (DRI) NAPLES NOTORCOACH RESORT J RIVERBEND 8 g 10 11 PROJECT AxM BUSINESS LOCATION C1R. OF NAPLES � NARCO SNORES/ SILVER LAKES FlDDLER'S CREEK (DRI) COPPER PELICAN UKE PR �� P1 � � 17 16 � 15 14 YI MARCO SNORES/ FIDDLER'S CREEL( (DRI) Martha S. Vergara From: Martha S. Vergara Sent: Friday, October 23, 2015 3:46 PM To: Rodriguez, Wanda; Stone, Scott; BeasleyRachel (RachelBeasley @coIIiergov.net) Subject: Revision to ad proof - VA- PL20140001970 Diamond Lake Circle Attachments: REVISEDNDNB758992.pdf Hello All, Attached is the revision to the ad proof, please review and let me know of any changes. Thanks, Martha PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Friday, November 13th, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FI 34104, to consider: PETITION NO. VA- PL20140001970 — Geneva B. Spencer, Trustee of the Geneva B. Spencer Revocable Trust Agreement, requests a variance from Section 3.5 D of Ordinance No. 05 -14, the Silver Lakes Mixed Use Planned Unit Development (MPUD), to reduce the minimum front yard setback from 10 feet to 2.9 feet for an existing mobile home with a front yard balcony on property located at Lot 12, Block 2, Silver Lakes Phase Two -A subdivision, on the east side of Collier Blvd, approximately one mile south of the Collier Blvd. and U.S. 41 intersection, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (239) 252- 8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No. 758992 October 28. 2015 5 NENTWDRM 3 ARTESA STALES LANDS END 4 EAGLE POINTE rqq� 2 PRESERVE CREEK DOCKSIDE qyj WINDING RE C (P) (DR )S NAPLES r`$ NOTORCOACH RESORT ♦� J RIVERBEND B g ,o 11 PROJECT ASGM BUSINESS LO C AT I 0 N CIR. OF NAPLES � MARCO SNORES/ SILVER LIKES FlODLER'S CREEK (DRI) o COPPER 17 16 � 15 14 PELICAN LAKE PRCEOSE�RVE Py '� � VI MARCO SHORES/ FlDOIER'S CREEK Martha S. Vergara From: BeasleyRachel <RachelBeasley @colliergov.net> Sent: Friday, October 23, 2015 3:51 PM To: Stone, Scott; Martha S. Vergara; Rodriguez, Wanda Subject: RE: Revision to ad proof - VA- PL20140001970 Diamond Lake Circle Looks good to me as well. From: StoneScott Sent: Friday, October 23, 2015 3:49 PM To: Martha S. Vergara; RodriguezWanda; BeasleyRachel Subject: RE: Revision to ad proof - VA- PL20140001970 Diamond Lake Circle Looks good to me. Thanks! Scott A. Stone Assistant County Attorney Collier County Attorney's Office (239) 252 -5740 From: Martha S. Vergara [ma i Ito: Martha.Vergara @colIierclerk.com] Sent: Friday, October 23, 2015 3:46 PM To: RodriguezWanda; StoneScott; BeasleyRachel Subject: Revision to ad proof - VA- PL20140001970 Diamond Lake Circle Hello All, Attached is the revision to the ad proof, please review and let me know of any changes. Thanks, Martha Under Florida Law, e -mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Martha S. Vergara From: Rodriguez, Wanda Sent: Friday, October 23, 2015 4:02 PM To: Stone, Scott; Martha S. Vergara; BeasleyRachel Subject: RE: Revision to ad proof - VA- PL20140001970 Diamond Lake Circle Agreed, good to go. Wanda Rodriguez, ,ACP .Advanced Certified ParategaC Office of the County .Attorney (239) 252 -8400 From: StoneScott Sent: Friday, October 23, 2015 3:49 PM To: Martha S. Vergara; RodriguezWanda; BeasleyRachel Subject: RE: Revision to ad proof - VA- PL20140001970 Diamond Lake Circle Looks good to me. Thanks! Scott A. Stone Assistant County Attorney Collier County Attorney's Office (239) 252 -5740 From: Martha S. Vergara [ mailto: Martha .Vergara @colIierclerk.com] Sent: Friday, October 23, 2015 3:46 PM To: RodriguezWanda; StoneScott; BeasleyRachel Subject: Revision to ad proof - VA- PL20140001970 Diamond Lake Circle Hello All, Attached is the revision to the ad proof, please review and let me know of any changes. Thanks, Martha Under Florida Law, e -mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Martha S. Vergara From: Gori, Ivonne <ivonne.gori @naplesnews.com> Sent: Friday, October 23, 2015 4:05 PM To: Martha S. Vergara Subject: RE: REVISED proof 758992 Thank you, released. Ivonne Gori I Legal Advertising Specialist 0:239.213.6061 F: 239.352.1251 E: ivonne.gori(c)NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 From: Martha S. Vergara [mailto: Martha .Vergara @collierclerk.com] Sent: Friday, October 23, 2015 3:52 PM To: Gori, Ivonne <ivonne.gori @naplesnews.com> Subject: RE: REVISED proof 758992 Importance: High Ivonne, The legal department has reviewed and approved the revision, please proceed with publishing as requested. Thanks, Martha From: Gori, Ivonne [ mailto :ivonne.goriCcbnaplesnews.com] Sent: Friday, October 23, 2015 3:40 PM To: Martha S. Vergara Subject: REVISED proof 758992 Please see revised proof attached. Thanks! Ivonne Gori I Legal Advertising Specialist 0:239.213.6061 F: 239.352.1251 E: ivonne.gori .NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Please visit us on the web at www.collierclerk.com Naptro 43 *tH NtWS at NaplesNews.com Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier Coun- ty, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX Pub Dates October 28, 2015 (Signp6ure of affiant) Sworn to and subscribed before me This 71: (Signatur of affiant) ' 758992 PUBLIC HEARING �.'r'��..,,� IVONNE GORI `v. Notary Public - State of Florida Commission # FF 900870 r' My Comm. Expires Jul 16, 2019 Bonded through National Notary As d V Z 3 W_ U >_ U 0) Q J � m Q �— U z Q d N C O N O O L ^ � LL — � >+ C Q N C U > 0) U N Ln N Ol N X O1 Ln a v g ti Z th Z L �C C 7 -0 Z Q O H Z 4) o a 1n N p a G 05 L) L0 Tel O teI N M aK w CV O V 0 tn 1� 13 ,��I+� Irwian Woman just one of 10 Americans shot by their dogs in past decade Bycediawph lhwaltam Many of these dog- shoots -man mewamirgtonlost stories often involve hunting Last wr,dmr , e retriever mishaps.... Florida is where late Labrador retriever named "Trigger" acci- several more Of these accidents dentally shot an Indiana have occurred. woman in the foot during a hunting trip, according to news reports. But we have a lot more revolver in 2004 while the The woman had left guns here in America than man was trying to shoot her loaded shotgun on the people in other countries the puppy and its siblings ground with the safety off. do — almost half the 'because he couldn't find Trigger stepped on it, in- world's private stock, by them a home." advertently pressing the some estimates. Whendogsplillthetrig- trigger. The woman took So it stands to reason ger the outcome a rarely a shotgun blast to her left that firearm accidents fatal. The one tragic ex- foot at point -blank range. involving dogs will be ception is the wse of the After getting patched more common here too. Texas hunter who, in 2008, up at area hospitals, she is It's not scientffic proof of took a shotgun blast to the expected tomakeafullre- anything,buttaplyare- thigh whenhisdog- ell covery — joining a short - minder that guns are an on the gun in the bed of list of Americans who ap- ever - present element of his truck He later died of parendy een havebalimby many Americans lives. blood loss. their dogs, according to Many of these dog - When people, dogs and news reports — five oth- shoots -man stories often guns mix, the dogs are ers since WIL and 10 total involve hunting mishaps: usually at the receiving since 2004. ■ In 2013, a Minnesota end of the gunfire. Police Remember, this nom- hunter was shot in the leg shootings of dogs, some - her is a floor, not a ceiling. when his dog jumped into times under questionable If someone gets shot by his boat and set off a shot- circumstances, seem to their dog and doesn't seek gun; happen with disturbing medical care, or it other- 1IIn20U,aUtabhumer frequency. wise doesn't make the lo- left his shotgun on a boat. Some police depart - cal news, nobody's going His dog jumped on it, ments have found dog to know about it. sending a blast ofbirdshot shootings can be cut dras- It's a bit of a misnomer toward the man's buttocks; tically by giving their of- to say a dog "shot some- ■Two weeks later a ficerstherighttra —' gon one." After all, dogs don't Florida bulldog named Eli howtodealwith canines. Pick up firearms with the shot his owner with stifle I could find only one intent m shoot something. while in a car on the way case of a cat shooting its But they do end up road- to a hunting spot. owner, in 2005. vertently pulling a trigger Floridais where several from time to time. more of these accidents When you have a chum- try with as many people, have occurred: ■ the dog who shot his ECL1J511VE guns and dogs as we do, owner in the leg with a IM THE KRIOW! this type of thing is going 380 pistol while riding in YouYe got to happen from time to his truck in 2013; questions? time. It does happen else- ■ the dog who jumped tin Atea where too- onto a bed and knocked has the For instance, a French another 380 pistol on the (But em hunter had to have his handampmatedin2012af- round in 2010, shooting its "extrearelyintoxicated" d you read if you Know) terhisdogjumpedonhim, owner in the hand; setting off his shotgun. A ■ the 3-month- oklshep- T p° �y n New Zealand man was herd mix puppy who shot ,tgpRntheknax shot by his dog in 2010. a man in the wrist with a NAPLES DAILY NEWS a Wednesday, October 2B, 2015 a 1SA At the Greek Orthodox Church 7100 Airport Rd. 7 -Weeks of Lesson a Ongoing Games, f 18 par I.—ri, $ 10 per game. pav-asryougo.Teaahe,: Guy Germer, Jim Lofi Game Dlraotors: Guy Germer, Leigh Moxlsy Fabionne Will - - Bridge Basics I: Basic bidding g covered in depth Stalls Soturdad 0,tober 31 30 -1130. 0.199 Game at 12:30 Saturday Light Lunch at 1200,tt sn a'h hour lesson at 12'.30 on coming modem duplicate biddt,%fa med by 3 tw,vs of play. Ongoing ham October 31. No parners needed. $15 per seison. Winning Duplicate Tactics successful tlupl� players know when to adios their bidding. when to bid aggressively or c enatYcly.arW whentotakerisksorto p10 "ak.Starhiuedny November 3,930- 11'.30 o .New* Ill Mornin Novic9 Game: Excellent practice Tuesdays, NOVem 3, - Noon.. padnrs rased.. Improve your Declarer Play: Take all your tricks! starts Wednesday Noember 4.9:30 - 11:30 OA9er Homing Game: Play dr practice Wetlnesdoyx November 4,9:00 - how. No partners needed Bridge Basics 11: Modern Compeflflve Bidding Sleds Thuratlay, November 6.9:30 -11:30 .New* t= Game: Just Play !(Life Masten aRowed) ihursdoya, NO,,ember 5 ,900 -Noon. parners neetletl. Afternoon Duplicate Gomes Monday lhru Thursday 1:00 American Contract guygermer or Bridge League call: 239-910,4205 SIDEWALK SALE OCTOBER 28, 29, 30, 31 THURSDAY - SATURDAY marissa C 0 L L E C T 1 0 N S 1167 Third Street South 1877-263-4333 —.Mar issaCollections. coin NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing Will be held by the Collier County Hearing Examiner (HEX) at 9:00 AM., on Friday, November 13th, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples A 34104, to consider: PETITION NO. VA- PL20140001970 - Geneva B. Spencer, Trustee of the Geneva B. Spencer Revocable Trust Agreement, requests a variance from Section 3.5 D of Ordinance No. 05 -14, the Silver Lakes Mixed Use Planned Unit Development (MPUD), to reduce the minimum front yard setback from 10 feet to 2.9 feet for an existing mobile home With a front yard balcony on property located at Lot 12, Block 2, Silver Lakes Phase Two -A subdivision, on the east side of Collier Blvd, approximately one mile south of the Carter Blvd. and U.S. 41 Intersection, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. All interested parties are Invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides, to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal Is to be owed. If you are a person with a disability who needs any accommodation In order to participate in this proceeding, you are entitled, at no cost to you, to the pmealon of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiarri Trail East, Suite 101, Naples, Florida 341125356, (239) 252- 8380, at least two days prior to the meeting. Mark Stain, Chief Hearing Examiner Collier County, Florida OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM D TO: Minutes & Records, Clerk of Courts FROM: Wanda Rodriguez, ACP /) _._-- /Li 2 By DATE: November 23, 2015 RE: Hearing Examiner Decision(s) from November 13, 2015. Attached is the signed HEX decision from the Hearing Examiner hearing on November 13, 2015. Attachments: HEX No. 2015 —43 [05-00A-01253/813782/11744 HEX NO. 2015 —43 HEARING EXAMINER DECISION PETITION NO. VA-PL20140001970 — Geneva B. Spencer, Trustee of the Geneva B. Spencer Revocable Trust Agreement, requests a variance from Section 3.5 D of Ordinance No. 05-14, the Silver Lakes Mixed Use Planned Unit Development (MPUD), to reduce the minimum front yard setback from 10 feet to 2.9 feet for an existing mobile home with a front yard balcony on property located at Lot 12, Block 2, Silver Lakes Phase Two-A subdivision, on the east side of Collier Blvd, approximately one mile south of the Collier Blvd. and U.S. 41 intersection, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. DATE OF HEARING: November 13, 2015 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition,testimony at the hearing of the applicant and the public, and the recommendation of staff, the Hearing Examiner finds that each of the criteria set forth in Section 9.04.03 of the Land Development Code has been met and the petition is approved. ANALYSIS: The subject of this request is a mobile home that was placed in the current location during the original installation in 1999. There have been no negative consequences found as a result of this installation. The front of the mobile home, including a balcony, encroaches approximately 7.1 feet into the 10-foot front yard setback. The encroachment projects into an existing utility easement and the applicant has obtained letters of no objection from the utility companies using the easement. The applicant provided a letter from their structural engineer indicating that it would be "...structurally impossible to remove approximately 3 feet from the front of this unit without endangering the integrity of the residence." The applicant was able to remove a section of a prior rear lanai addition that protruded into the rear setback, thus avoiding the need for a variance to the rear setback. The applicant also verified that taxes have been paid on the structure since approximately 2000. One letter of objection was received and three members of the public attended the hearing. One member of the public questioned the impact on the neighborhood's restrictive covenants, but did not state an objection to this specific variance request. [1 5-CPS-01417/1217228/1148 1 of2 DECISION: The Hearing Examiner hereby approves Petition No. VA-PL20140001970 filed by Carlo Zampogna, Esq., representing Geneva B. Spencer, Trustee, for a variance from Section 3.5 D of Ordinance No. 05-14, as amended, the Silver Lakes Mixed Use Planned Unit Development (MPUD), to reduce the minimum front yard setback from 10 feet to 2.9 feet for an existing mobile home with a front yard balcony on property located at 1063 Diamond Lake Circle, Naples, Florida, as shown in the Survey Sketch attached as Exhibit "A", and as subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A- Survey Sketch LEGAL DESCRIPTION: Lot 12, Block 2, SILVER LAKES PHASE TWO-A, according to the Plat thereof, recorded in Plat Book 24, Page 54, 55, of the Public Records of Collier County, Florida. CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER: Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON TH ZONING MAP FOR INFORMATIONAL PURPOSES. - 2 3 - 2©1C po,s Date Mark Strain, Hearing Examiner Appro d as to rm and legality: Scott A. Stone Assistant County Attorney [15-CPS-01417/1217228/1]48 2 of Ji ✓w ss. a_ :om-: � � 777 N.W.72nd AVENUE UE 1 2804 DEL PRADO BLVD SOUTH SUITE 3025 SUITE NO.202 UNIT 1 MIAMI,FLORIDA 33126 PH: (305)262-0400 1 CAPE CORAL,FL.33904 '( -H. 17391940-2190 {{ FAX:(305)262-0-: MAP OF BOUNDARY SURVEY 1063 DIAMOND LAKE CIRCLE,NAPLES,FLORIDA 34114 ±24'ASPHALT PVMT _ TRACT R"(N.A"P.) F.N.D. B.O.B. S88°1742"E 2F.N.D. .- NO ID. 60'TOTAL RIGHT-OF-WAY NO ID. 35.00' S88•1742"E >.: FJC (A) (A). sa,. CONC. (A) 6 J. ,z,:),, DRIVEWAY 1 Pi=-a M ±16'PWY F.N.D. '` L.B.#5109 gm (A)6ALCONY , , ' LB#5109 394.94' SEWE- I46' r:,.... A CO'U.E. 5.50' -I I co WD.I Na�y �0 D 5.50' r10' PC. U.E. F.LP.1/2" 24 00- 1— —— NO CAP CABLE '(B) (B) BOX 0 I ——— 2.50' ONE STORY U.E.&D.E. MOBILE i, (C) (B)PAD HOME Y '' #1063 ' O' obi p.1". LOT-11 co h i BLOCK-2 O O BLOCK- U p LOT-13 C ^v. BLOCK-2 METER ° O COUNTER O P r X2.50' 1 U.E.&D.E. -- 2 Tb U.E.&D.E. 5.5 g5', s5 �' 5.49' 2.50' U.E.&D.E. ' i COVERED PLASTIC �' LANAI .... STEP (C) 'D.E i I &ME a) i 'D.E. F.I.R.5/8" 35"1 I F.I.R.`) 5/8 _,._ LB.#3964 S88°1742"E LB.#5109 1 11'TO WATER 4--TOP Of THE BANK t 11'TO — r WATER APPROXIMATE TRACT"CR4"(N.A.P.) EDGE OF WATER SILVER LAKES, PHASE ONE (07105/2015) P8. 20 PG 91 AND 92 ENCROACHMENT NOTES: A.NORTH SIDE OF THE SUBJECT PROPERTY,CONCRETE DRIVEWAY,BALCONY,MOBILE HOME AND BRICK PAVER ARE ENCROACHING INTO THE 10 FOOT UTILITY EASEMENT AND CONCRETE DRIVEWAY AND BRICK PAVER ARE ENCROACHING INTO THE RIGHT OF WAY OF DIAMOND LAKE CIRCLE. B. WEST SIDE OF THE SUBJECT PROPERTY,BRICK PAVE AND AIR CONDITIONER PAD ARE ENCROACHING INTO THE 2.50 FOOT UTILITY AND DRAINAGE EASEMENT AND CABLE BOX LIES INTO THE SUBJECT PROPERTY. C.EAST SIDE OF THE SUBJECT PROPERTY,BRICK WALK AND PLASTIC STEP ARE ENCROACHING INTO THE 2.50 FOOT UTILITY AND DRAINAGE EASEMENT. D.SOUTH SIDE OF THE SUBJECT PROPERTY,BRICK PAVERS AND CONCRETE SLAB ARE ENCROACHING INTO THE 8 FOOT DRAINAGE AND MAINTENANCE EASEMENT. °"O4 LEGAL DESCRIPTION: DRAWN BY: AHV -..P0V S. 4.4$.... LOT 12,BLOCK 2,SILVER LAKES PHASETWOA,ACCORDING TO THE PLAT C'.G0 ,,,4T•i•• THEREOF,RECORDED IN PLAT BOOK 24,PAGE 54,55,OF THE PUBL/C SCALE: 1"=20' %A` NO.6770 �'; RECORDS OF COLLIER COUNTY,FLORIDA. •'" STATE OF CERTIFICATION: FIELD DATE: 07/06/2015 i ce?; GENEVA B.SPENCER, TRUSTEE . /••• 61"O<0910, y = ZAMPOGNA LAW FIRM SURVEY NO: 15-002658-1 L.B.#7806 SEAL Exhibit"A" SHEET: 2 OF 2 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: NOVEMBER 13, 2015; CARRIED OVER FROM OCTOBER 22, 2015 DUE TO ADVERTISEMENT ERROR SUBJECT: PETITION VA-PL20140001970, 1063 DIAMOND LAKE CIRCLE PROPERTY OWNER/AGENT: Owner: Geneva B. Spencer Revocable Trust Agent: Carlo Zampogna 1128 Linden Dr. 711 5th Ave, Ste. 200 Bloomington, IN 47408 Naples, FL 34102 REQUESTED ACTION: To have the Collier County Hearing Examiner (HEX) consider an application for a Variance from Section 3.5 D of Ordinance No. 05-14, the Silver Lakes Mixed Use Planned Unit Development(MPUD), to reduce the minimum front yard setback from 10 feet to 2.9 feet for an existing mobile home with a front yard balcony. GEOGRAPHIC LOCATION: Lot 12, Block 2, Silver Lakes Phase Two-A subdivision, on the east side of Collier Blvd, approximately one mile south of the Collier Blvd. and U.S. 41 intersection, in Section 10, Township 51 South, Range 26 East,Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The purpose of the petition is to request a reduction from the minimum front yard setback for an existing mobile home with a front yard balcony. The existing mobile home and balcony encroach 7.1 feet into the 10-foot front yard setback. EXHIBIT hicetel VA-PL20140001970, 1063 Diamond Lake Circle Variance 9g ' • September 23,2015 Page 1 of 9 W p mow/ O V • 12 O to:4s4.:11F ‘, .4 r_ :ay tri V .,~ C ril. s.c:3 01) ' __0 ni I ` z Dom' `- R " ...., __......... COWER BOULEVARD III _ „,...,..___ _______ O rte (5A.881) .. ti i is 1 1 , 16 1, k3:, . , c„,„,., N,„,, ......„‘„) J■k -<s„ 1 111 i r> \ , ‘ i V i tl 1 I / i r... / . I I 21 1 z / vk D AoT ro scu r LO r o u N y� D XI 0 COLLIER BOULEVARD (S.R. 951) r ! ss ev©o©o®o 4 b N n ©zi 1 i ®®EWFFEMEE►s,,_-. 0 T d _ 2° zF e RA ,,, o . m �O = �]: OPAL LAKE P1 ©� I ©>a •� i 0 CHARIOT CT. p P 1a a r. In on Iii 4..a'• f. �C e 0 B LAKE LE PT. x i 0 Lin © psi y 1 23 s C O w M p°84 .,� y i C JC 01 a - IV M 1 r- © t 13 TOPte IAUE w. it a x 4 �� I p co 0 OA 01 ©�©n 1 ..i.m Q��t) -, Ei 2 COWAN til CT. Y r 4" 9 H ©dad 40 �a LI y U V A © t� q u g 0 p � a 0 5 3i© - ; 131 w la LI "t' gm a It s . , TES, 1 to Aappe; VvI W.;&ARRAIAVDJURvEY 3H8,CCOW 777 NM.72nd AVENUE 2904 DEL PRAOIII BLVD SOUTH 3U,TE 3025 SUITE NO MIAMI,FLORIDA 331w.+ CAPE CQ+... 7H LSO;F)2R1 NI'; ,M :13,; f MAP OF BOUNDARY SURVEY 1063 DIAMOND LAKE CIRCLE,NAPLES,FLORIDA 34114 N iii' jl s 3-2'ASPHALT 11 - l PVMZ C — TRACT'R"(N.A.P.) • F.N.O. B.O.B. S88°17.42"E 1 F.N.D. �� NO ID. 60'TOTAL RICHT-OF-WAY NO ID. //� 35.00' S88°1742"E 1 S. - 2 VALiEY GUTTr . 6RLCK(A) A ( )_ _ __� -_PAR K CONC.(A) t 16'PWY DRIVEWAY g' F.N.D. FI.R.S/8" L.B.#5109 (A)6ALCONY \ ) LB#5109 394..94' 1 SEWER I/ ' HAY A I. C CO*U.E. 5.50' I '- s` 4'•' Pc A. jL I ! w 5.50' 10'U.E. NO CAP' 2400' _I■ jr (B) (B) 60x �I Pi, ( I —2.50' ONE STORY - U.S.a D.E. (B)ac I MOBILE II 1(C) PAC j HOME IY I ; � I #1063 4. o, • o° 03 IQT LOT-11 CO pi I ry ;Y 8N BLOCK-2 'OI I V NI.I I co LOT.13 METER ^') I I O BtocK.2 COUNTER O $ I C*2.5O' M) I I 270't U.E.8 D.E. 2.50' 5. ■ 1 1465' ." 325' �■ U.E.B D.E. w aft ?s.1,g5 '~J 1 5.49' 2'50 CCV RED PLASTIC U.E.&D.E. I LANAI I STEP(C) T----I c.5. 8 D.E. I 6'D£,l— — I——T CS M.E.7 I M.E a) D)\ I L8'D.E. 8 M.E.1 F.LR.S/6" I. :I I "I.� ,F.LR.S/8' i LB.#3964 S8r17 4Z E LB.#5109 t 17'TO TOP OF THE BANK *11'TO _ WATER WATER APPROXIMATE TRACT"CR4"(MAP) .-.. EDGE OE WATER SILVER LAKES, PHASE ONE (07106L2OI5) PB. 20 PG 91 AND 92 ENCROACHMENT NOTES' A.NORTH SIDE OF THE SUBJECT PROPERTY.CONCRETE DRIVEWAY..BALCONY,MOBILE HOME AND BRICK PAVER ARE ENCROACHING INTO THE 10 FOOT UTILITY EASEMENT AND CONCRETE DRIVEWAY AND BRICK PAVER ARE ENCROACHING INTO THE RIGHT OF WAY OF DIAMOND LAKE CIRCLE. 8 WEST SIDE OF THE SUBJECT PROPERTY.BRICK PAVE AND AIR CONDITIONER PAD ARE ENCROACHING INTO THE 2 50 FOOT UTILITY AND DRAINAGE EASEMENT AND CABLE BOX LIES INTO THE SUBJECT PROPERTY C.EAST SIDE OF THE SUBJECT PROPERTY.BRICK WALK AND PLASTIC STEP ARE ENCROACHING INTO THE 2.50 FOOT UTILITY AND DRAINAGE EASEMENT. 0 SOUTH SIDE OF THE SUBJECT PROPERTY.BRICK PAVERS AND CONCRETE SLAB ARE ENCROACHING INTO THE 8 FOOT DRAINAGE AND MAINTENANCE EASEMENT LOS Ieq LEGAL DESCRIPTION.' DRAWN BY: AHV Q, K I R,p LOT 12,BLOCK 2,SILVER LAKES PHASE TWO-A,ACCORDING TO THE PLAT V 9 THEREOF,RECORDED IN PLAT BOOK 24.PAGE 54,55,OF THE PUBLIC SCALE: 1"=20' a a' RECORDS OF COLLIER COUNTY,FLORIDA. A NO.6770 0 STATE OF CERTIFICATION: FIELD DATE: 07/06/2015 GENEVA B.SPENCER, TRUSTEE 4i °cocx oP L ZAMPOGNA LAW FIRM SURVEY NO: 15-002658-1 O4''IL LA ;`% L.B.#7806 SEAL SHEET: 2 OF 2 The applicant states they were unaware of the encroachments until trying to sell the property. The applicant seeks a variance of 7.1 feet, thus creating a setback of 2.9 feet. This mobile home is located in the Silver Lakes MP.UD, Ordinance No. 05-14, as amended. The front yard setback is established in the MPUD Section III. 3.5 D. Front Yard: Ten (10) feet. The mobile home and the balcony also encroach into the 10-foot front yard utility easement which is dedicated on the Silver Lakes, Phase Two- A Plat, recorded in Plat Book 24, Page 54 (attachment C). Letters of No Objection were signed by FPL, CenturyLink and Comcast with regard to this encroachment of 7.1 feet into the 10-foot front yard utility easement (attachment D). i , } 0 M .ce' , .�. lip[!)/!ll§/ J15 116:21 i j # r VA-PL20140001970, 1063 Diamond Lake Circle Variance September 23,2015 Page 4 of 9 SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Single-family manufactured residential development, with zoning designation of MPUD, specifically the Silver Lakes MPUD. North: Diamond Lake Circle ROW followed by ASGM Business Center of Naples Planned Unit Development(PUD) East: Single-family residential development, zoned Copper Cove Preserve Residential Planned Unit Development(RPUD) South: Single-family manufactured residential development with Silver Lakes MPUD, followed by the Copper Cove Preserve RPUD West: Single-family manufactured residential, zoned Silver Lakes MPUD followed by Collier Boulevard ROW tot g , I i . . ...1. et=s0 - — . 1" I ' as 6 it - ti I `,* ',.. r) Aerial photo taken from Collier County Property Appraiser website GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban Residential Subdistrict of the Urban Mixed Use District land use classification on the County's Future Land Use Map (FLUM). The purpose of this subdistrict is 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. VA-PL20140001970. 1063 Diamond Lake Circle Variance September 23,2015 Page 5 of 9 ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.03. Staff has analyzed this petition relative to these provisions and offers the following responses: a. Are there special conditions and circumstances existing, which are peculiar to the location,size and characteristics of the land,structure or building involved? Yes, there are two special conditions. First, the applicant had an engineering firm evaluate the possibility of removing a piece of the front part of the home to meet setback requirements. This same engineering firm concluded that, "it would be structurally impossible to remove approximately 3 feet from the front of this unit" (attachment E). Second, the applicant's home is not located on a busy thoroughfare and aerial observation shows many of the neighborhood mobile homes, of similar size, closely approach the front yard setback as well as the utility easement. 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 mobile home building permit(PRBD1999082043)was cited with proper setbacks and issued a Certificate of Completion (CC) on September 27, 1999. Moreover, per the owner,the encroaching balcony was a part of the original,mobile home, structure. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. A literal interpretation would leave a portion of the mobile home encroaching within the front yard setback. In order to remedy this without a variance they would either have to: 1) shift the entire home back or 2) remove a piece of the front part of the home. The first option would be impossible as the home would then encroach into the rear yard setback. The second option is unfeasible as it is structurally impossible to remove a piece of the front part of the home as stipulated by the applicant's hired engineer review. d. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health,safety and welfare? Yes. The applicant is only seeking the minimum variance which will put the mobile home and balcony into compliance with the front yard setback. The mobile home and balcony have encroached for the past 16 years without harming the configuration of the neighborhood, or the health safety and welfare of the community. 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? VA-PL20140001970, 1063 Diamond Lake Circle Variance September 23,2015 Page 6 of 9 No. Aerial view of the neighborhood shows various types and sizes of mobile homes, RVs and other recreational vehicles. This mobile home is one of the larger structures on the lake side, in the Silver Lakes PUD Tract A development. Many of the other mobile homes, of similar size and Tract, come close to the front yard setback property line. 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? Yes, the granting of this Variance will be harmonious with intent and purpose of the LDC and there will be no injury to the neighborhood; based upon the 16 years the structure has already encroached into the required yard. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The mobile home is not located on a main thoroughfare and therefore an encroachment into the front yard setback does not place the applicant's home closer to a busy thoroughfare. 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-PL20140001970 1063 Diamond Lake Circle on October 30,2015. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition VA-PL- 20140001970, 1063 Diamond Lake Circle Variance subject to the following stipulation: 1) That the applicant obtains a permit for the canceled permit, PRBD 1999091795, which includes the addition of "FAM.RM BATH & CARPORT' (attachment F). The "ADD RAISED DECK" on attachment F, PRBD 1999091795, refers to the back porch and was altered for compliance and subsequently COED (attachment G). VA-PL20140001970, 1063 Diamond Lake Circle Variance September 23,2015 Page 7 of 9 ATTACHMENTS: Attachment A: Application Attachment B: Ordinance 05-14,as amended Attachment C: Silver Lakes, Phase Two—A Plat Book Attachment D: UE Letters of No Objection Attachment E: Kosinski Engineering Affidavit Attachment F: Cancelled Permit PRBD 1999091795 Attachment G: PRBD2014123348701 and rear photo Attachment H: Letter of Objection dated 10/8/15 VA-PL20140001970, 1063 Diamond Lake Circle Variance September 23,2015 Page 8 of 9 PREPARED BY: • RACHEL BEASLEY, PLANNER DATE ZONING DIVISION REVIEWED BY: RAYMON . BELLOWS ZONING MANAGER DATE ZONING ISION MICHAEL BOSI, AICP, DIRECTOR DATE PLANNING AND ZONING DIVISON • • VA-PL20140001970, 1063 Diamond Lake Circle Variance September 23,2015 Page 9 of 9 Co eY County COLLIER COUNTY GOVERNMENT 2500 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.coiiiergov.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): &ten•eV U B . S P ence Address: City: State: ZIP: .-� Telephone: Cell: Fax: E-Mail Address: Name of Agent: �d Y I 0 2 QYY1 poq na Firm: ZCar YlpOg na 1--0W Address: —I 113 '-AV'e S ISUI-1C20(tity: Nap ICS State: F— ZIP: 3 1 O 2- Telephone:25A ' 21n 1 OSg2 Cell: Fax: Z3c1 •244 'I Z3cP E-Mail Address: car 10 e 201-lpoc nCI- L ■VV • Corn- _._--- BE AWARE THAT CC,)LL1€R COUNTY HAS LOBBYIST € EGULAT IONS. CCU€RL `:OUR `-:Li f,CCOI,Di;NGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Attachment A 6/4/2014 Page 1 of 6 IS . Y Co eY County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6355 PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page) —�x hib in Property I.D. Number: '131925001 341 Section/Township/Range: )o /S / 2-c9 Subdivision:Co 3o'1b0- Si IV CY lSak�s ��-�qse Iw�AUnit: Lot: 10- Block: a Metes & Bounds Description: Total Acreage: Address/General Location of Subject Property: I O(03 D Qrno Y,d Lak. Ci rcl e Not ICs1 3411-} - GZIZ- ADJACENT ZONING AND LAND USE Zoning Land Use N MPUD De\IcloPed3Single Rarnily man u-Rac- UredResiderce, S (pot) r)cYC1oPcd ,Singlc Urrlity tlantedured eesic:eylce E MpU h Peg- opcd J(rgIci iri ly Ntanuetc,ture Kes1cleAnt2 w M P t t t j>e,re[sped Jog to fia nl i l\I Man ufociw-cci Ilr4►d eyk t-e Minimum Yard Requirements for Subject Property: Front: \O Corner Lot: Yes ❑ No Side: 5 Waterfront Lot: Yes No V Rear: 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 t� C O eT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: 511`1 CY ‘DV--CS G 1 IN i Inc C' Mailing Address: \OO 1 S I NU( Lak-CS P i\±ity: NOP\ -S State: Ft— ZIP: 34}11- Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: NATURE OF PETITION On a separate sheet,attached to the application, please provide the following: X ' "r C. 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft.to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h) listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land,structure,or building involved. 6/4/2014 Page 3 of 6 1 � Co lertr County COLLIER COUNTY GOVERNMENT 28:30 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health,safety or welfare. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood,or otherwise detrimental to the public welfare. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes,golf course,etc. h) Will granting the variance be consistent with the Growth Management Plan? 4. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes INo If yes, please provide copies. 6/4/2014 Page 4 of 6 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 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 #t OF COPIES REQUIRED NOT REQUIRED Completed Application(download current form from County website) ❑ ❑ ❑ Pre-Application Meeting Notes 1 ❑ ❑ Project Narrative ❑ ❑ ❑ Completed Addressing Checklist 1 ❑ ❑ Conceptual Site Plan 24"x 36"and one 8'A"x 11"copy ❑ ❑ ❑ Survey of property showing the encroachment(measured in feet) 2 ❑ ❑ Affidav t of Authorization,signed and notarized 2 ❑ ❑ Deeds/Legal's 3 ❑ ❑ Location map 1 ❑ ❑ Current aerial photographs(available from Property Appraiser)with project boundary and, if vegetated,FLUCFCS Codes with legend 5 ❑ ❑ included on aerial Historical Survey or waiver request 1 ❑ ❑ Environmental Data Requirements or exemption justification 3 ❑ ❑ Once the first set of review comments are posted, provide the assigned 1 ❑ ❑ planner the Property Owner Advisory Letter and Certification Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all 1 ❑ ❑ 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 6 101 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Planners: Indicate if the petition needs to be routed to the following reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: ❑ Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet ❑ Addressing:Annis Moxam ❑ Graphics: Mariam Ocheltree ❑ City of Naples: Robin Singer, Planning Director ❑ Historical Review ❑ Comprehensive Planning:See Pre-Application ❑ Meeting Sign In Sheet Immokalee Water/Sewer District: ❑ Conservancy of SWFL: Nichole Ryan ❑ Parks and Recreation:Vicky Ahmad ❑ County Attorney's Office: Heidi Ashton-Cicko ❑ Transportation Pathways:Stacey Revay I—' EMS: Management: Dan Summers;and/or r.--1 School District(Residential Components):Amy EMS:Artie Bay Heartlock ❑ Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky ❑ Other: ❑ Utilities Engineering: Kris VanLengen FEE REQUIREMENTS ❑ Pre-Application Meeting:$500.00 ❑ Variance Petition: o Residential-$2,000.00 o Non-Residential-$5,000.00 • o 5th and Subsequent Review-20%of original fee ❑ 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 Apptant Signattp - Da e t, rAkt t Printed Name 6/4/2014 Page 6 of 6 VA -PL20140001970 REV: 1 1063 DIAMOND LAKE CIR DATE: 2/6/15 Cro t er County DUE: 2/23/15 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre-Application Meeting Notes Petition Type: ,�� A • . I. Date and Time: 9 . 17-1. 1-G2'' Assigned Planner:MA r Engineering Manager (for PPL's and FP's): Project Information Project Name: AIL. PL#: 2D14. 1' 191 D Property ID#:91 2 O5T?t1 T Current Zoning: ritRilD Project Address: (C( _ E City:444,42z,State: f,. Zip: Applicant: Agent Name: ( d `k 44414 Phone: 2,W, . Agent/Firm Address: City: State: Zip: Property Owner: ketteVik Please provide the following, if applicable: i. Total Acreage: ii. Proposed#of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: v. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within�a Plat, provide the name and AR#/PL#: —wi Cod le-r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 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 i Completed Application(download current form from County website) ® ❑ + Pre-Application Meeting Notes 1 ❑ Project Narrative �] ❑ .1- Completed Addressing Checklist 1 ❑ Conceptual Site Plan 24"x 36"and one 8%"x 11"copy P ❑ Survey of property showing the encroachment(measured in feet) 2 ►� ❑ •+ Affidavit of Authorization,signed and notarized 2 ►: ❑ Deeds/Legal's 3 ►�1 ❑ Location map 1 ❑ Current aerial photographs(available from Property Appraiser)with project boundary and, if vegetated, FLUCFCS Codes with legend 5 ❑ ❑ included on aerial Historical Survey or waiver request 1 ❑ .g Environmental Data Requirements or exemption justification 3 ❑ ❑ Once the first set of review comments are posted, provide the assigned 1 �".i ❑ 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 ` ❑ 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 f er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239)252-6358 Planners: Indicate if the petition needs to be routed to the following reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: ❑ Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet Addressing:Annis Moxam City of Naples:Robin Singer, Planning Director [] Graphics: Mariam Ocheltree Historical Review ❑ Comprehensive Planning:See Pre-Application [j] Immokalee Water/Sewer District: Meeting Sign-In Sheet ❑ Conservancy of SWFL: Nichole Ryan ❑ Parks and Recreation:Vicky Ahmad County Attorney's Office: Heidi Ashton-Cicko ❑ Transportation Pathways:Stacey Revay ❑ Emergency Management: Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlock Engineering:Alison Bradford 1=1 Transportation Planning:John Podczerwinsky Other: Utilities Engineering: Kris VanLengen FEE REQUIREMENTS IS Pre-Application Meeting:$500.00 4,- ?C Variance Petition: — J:;ij(U i Y o Residential-$2,000.00 ta.i1 o Non-Residential-$5,000.00 ►htaKc o 5th and Subsequent Review-20%of original fee eQ-`10' 7+ Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 'Re.(v=i\ ❑ After The Fact Zoning/Land Use Petitions:2x the normal petition fee ctv\ ❑ Listed Species Survey(if EIS is not required):$1,000.00 All checks payable to:Board of County Commissioners al-i'-1 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 Applicant Signature Date Printed Name 6/4/2014 Page 6 of 6 Page 1 of 1 Collier County Property Appraiser Property Summary Parcel No. 73625007347 Site Adr. 1063 DIAMOND LAKE CIR Name/Address SPENCER TR, GENEVA B GENEVA B SPENSER REV TR UST UTD 12/11/92 1128 LINDEN DR City BLOOMINGTON State IN Zip 47408 Map No. Strap No. Section Township Range Acres *Estimated 6810 630400 2 126B10 10 51 26 0 Legal SILVER LAKES PHASE TWO A BLK 2 LOT 12 Millage Area 0 21 Millage Rates 0 *Calculations Sub./Condo 630400 - SILVER LAKES PHASE TWO A School Other Total Use Code 0 2 - MOBILE HOMES 5.58 6.2197 11.7997 Latest Sales History 2014 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $ 87,000 09/03/98 2457-2315 $43,000 (+) Improved Value $ 32,259 03/20/95 2040-766 $ 37,900 (=) Market Value $ 119,259 (=) Assessed Value $ 119,259 (=) School Taxable Value $ 119,259 (=) Taxable Value $ 119,259 If all Values shown above equal 0 this parcel was created after the Final Tax Roll . ,./AST.,;,. co,, .L /Do, ., lTlo*,;11,4-,,,,191�,,1;.,TT1-72ti75(1(172d7 1')/17/')(11 Page 1 of 1 Lower county rroperty appraiser Property Detail Parcel No. 73625007347 Site Adr. 1063 DIAMOND LAKE CIR t--•‘ Name/Address SPENCER TR, GENEVA B GENEVA B SPENSER REV TR UST UTD 12/11/92 1128 UNDEN DR City BLOOMINGTON State IN Zip 47408 Permits Tax Yr 1 Issuer Permit# I CO Date Tmp CO Final Bldg Type 1999 I COUNTY 9908-2043 1 09/27/99 2000 COUNTY 9909-1795 ADDITION Land Building/Extra Features # Caic Code Units # Year Built Description Area Adj Area 10 RESIDENTIAL FF 35 10 1999 PMH 504 504 20 1999 ALUM CABANA UNFIN 509 1 509 30 2014 ALUM SCREEN PORCH 357 ; 357 fTh tp://www.collierappraiser.com/main_searchaecorddetail.html?Map=No&FolioNum=73625007347 9/23/2015 b./ Collier County Property Appraiser Property Detail 7.--- Parcel No. 73625007347 Site Adr.J1063 DIAMOND LAKE CIR 1 -- - I Name/Address SPENCER TR, GENEVA B _ _• .__ _I GENEVA B SPENSER REV TR UST UTD 12/11/92 1128 LINDEN DR . __ _..., City1 BLOOMINGTON 1 ..State I IN { I Zip 47408 - 1 Permits r 1 Tax Yr n Issuer T Permit# ! CO Date I- .1 Tmp CO Final Bldg Type J .J. Land Building/Extra Features Fir Calc Code : Units 1 r # Year Built I Description Area Adj Areal v. + - * ..L. 1 1 L PUD UNITS BUILDABLE I 1 11 1 1999 MOBILE HOME 504 504 1 2 L 1999 J W DECK 357 357 I 1 3 1 1999 i ALUM SCREEN-EN—C 813 813 I 4 I 1999 1 ALUNI rARANA I, 509 509 1 _ L._...... i -.._ Project Narrative This matter is a request for a variance reducing the setback in the front of the property located at 1063 Diamond Lake Circle, Naples, Florida 34114 ("Property"). The Property was purchased by Geneva B. Spencer ("Owner") on or about September 3, 1998. The existing structures on the land are a mobile home with a deck,screened enclosure,and cabana. According to Silver lakes Mixed Use Planned Unit Development, the minimum yard requirement for the front of a property is 10 feet. However, Owner's mobile home and balcony encroach into the front yard setback by 7.1 feet. Owner asks to reduce the setback in the front of her Property to 2.9 feet instead of 10 feet. The special conditions and circumstances in association with this variance request do not result from the actions of the Owner. At the time this structure was built, the two (2) encroachments, mobile home and balcony, complied with all governmental conditions. This is evident by the permitting that was completed. A certificate of occupancy/certificate of completion was issued by Collier County (the "C.O."). The relevant documents have been attached for your review. The structure on the Property ended up encroaching in the Utility Easement and front yard setback located in the front of the Property by an inadvertent mistake by all parties. In fact, Collier County had visited the site at least twice and no one caught the mistake.This structure was approved for a C.O. Attempts have been made to reach out to the contractor Dig-M-Installers, who built the structure on the Property,but they are no longer active corporations in the State of Florida. It appears the encroachment is perhaps partially due to mistakes or negligence on behalf of Dig-M-Installers. At no time during construction did Owner instruct to be built, or have knowledge that her home was being built into the Utility Easement and front yard setback. This encroachment has existed for over 15 years, and it was not until Owner tried to sell the Property that she became aware of any encroachments. If granted, this minimum variance will still make possible the reasonable use of the land, building, or structures that promote standards of health, safety, and welfare. Also, during the 15 years that this encroachment has gone unnoticed, it has not disturbed the harmony of the neighborhood in any way. Additionally, if granted, this variance will not confer any special privileges on the Owner. A literal interpretation of the provisions of the LDC would confer an undue hardship on the Owner and create numerous practical difficulties. Attached please find a letter from Joseph Kosinski, a Structural Engineer, who has determined that cutting away any of the front of the home will severely compromise its structural integrity. Therefore,attaining this variance is a necessity for the Owner. Also, please find in Exhibit M Letters of No Objection received from Florida Power and Light, Comcast, and Century Link. These utility providers have no objections to the planned variance, as their lines are clear of the section in which this variance is being applied for. Granting this variance will be consistent with the Growth Management Plan. There are no natural conditions or physically induced conditions that ameliorate the goals and objectives of this regulation. For over 15 years this encroachment has gone unnoticed. In that time, no harm has ever been conferred on the Owner's neighbors or the neighborhood, nor will any harm ever be conferred on the Owner's neighbors or the neighborhood if granted. Please accept this letter as the Project Narrative. Thank you. Sincerely, Carlo F. Zampogna Nature of Petition 1. Detailed Explanation This matter is a request for variance reducing the setback in the front of the property located at 1063 Diamond Lake Circle, Naples, Florida 34114 ("Property"). Its present owner, Geneva B. Spencer ("Owner"), purchased the property on September 03, 1998. The existing structures on the land are a mobile home with deck, screened enclosure,and cabana. The setback for the front of the property is 10 feet and Owner asks to reduce the front setback to 2.9 feet. In 1994, the prior lot owner ordered a land-survey showing a 70-foot lot, with a 10- foot setback in the front. Surveys performed in 1996 and 2015 are consistent with the original. On August 27, 1999, Paradise Pointe RV Sales obtained a permit to place a manufactured unit on the lot. Subsequently, on September 27, 1999, a construction order was issued. That same day, Dig-M-Installers Inc. obtained an Occupancy Permit but never called for final inspection. Neither the prior owner nor Geneva Spencer was aware that the structure encroached into the front setback, assuming both contractors had done all construction to code. Geneva Spencer was unaware she did not have a final Occupancy Permit or final inspections, which were Dig-M-Installers responsibility. Therefore, upon completion of construction, owner did not receive an Occupancy Permit. Now, Dig-M-Installers is no longer an active corporation in the state of Florida. The contractors were in violation of the original plan, approved by Collier County, and did so without any intention of calling for a final inspection. Geneva Spencer respectfully submits this application for a variance to the front of the property in order to correct this violation and receive her Occupancy Permit. 1 3. LDC Section 9.04.00 (a) There are no special conditions or circumstances existing peculiar to the location, size and characteristics of the land, structure, or building located at 1063 Diamond Circle, Naples, Florida 34114. (b) The circumstances that arose, not resulting from the action of the applicant, was that two (2) hired contractors did not acquire the proper permits needed. First, Paradise Pointe RV Sales never called for a final inspection after acquiring a permit to place a manufactured unit on the lot and after the construction order was issued. Similarly, Dig-M-Installers Inc. never obtained an Occupancy Permit nor did it get final inspections. Both contractors were in violation of the original plan approved by Collier County. (c) A literal interpretation of the provisions of the LDC would confer an undue hardship on the Owner and create numerous practical difficulties. Since the mobile home encroaches on the front setback and has been modified to conform to the rear. setback, it would be wasteful to move it either way because the back has a screened patio and the front, a deck. Therefore, attaining a variance is a necessity for the Owner. Attached, please find a letter from Joseph Kosinski, a structural engineer, who has determined that removing any part of the front of the home would severely compromise its structural integrity. (d) This encroachment has existed for over 15 years, and it was not until the Owner tried to sell the property that she became aware of any encroachments. If granted, this variance will still make possible the reasonable use of the land, building, or structures that promote standards of heath, safety, and welfare. Also, during the 15 years that this encroachment has gone unnoticed, it has not disturbed the harmony of the neighborhood in any way. In that time, no harm has ever been conferred on the Owner's neighbors or the neighborhood. If granted, no harm will be conferred on the Owner's neighbors or the neighborhood. Also, please find the attached Letters of No Objection received from Florida Power and Light, Comcast, and Century Link. None of the utility providers have objections to the planned variance, as their lines are well clear of the section in which the variance is being applied for. (e) If granted,this variance will not confer any special privileges on the Owner. (f) This encroachment has existed for 15 years without disturbing the neighborhood in any way. Granting this variance will be in harmony with the intent and purpose of the zoning code because there are no natural conditional or physically induced conditions that ameliorate the goals and objectives of this regulation. (g) There are no natural conditional or physically induced conditions that ameliorate the goals and objectives of this regulation. (h) This variance will be consistent with the Growth Management Plan. 2 Detail by Entity Name Page 1 of 2 t FLORIDA DEPARTMENT OF STATE ', DIVISION OF CORPORATIONS iinkp Detail by Entity Name Foreign Profit Corporation DIG-M-INSTALLERS, INC. Filing Information Document Number F98000003577 FEI/EIN Number 521876400 Date Filed 06/22/1998 State MD Status ACTIVE Last Event CANCEL ADM DISS/REV Event Date Filed 11/22/2009 Event Effective Date NONE Principal Address 3088 FROST WAY DR. HAMPSTEAD, MD 21074 Changed: 05/16/2013 Mailing Address 3088 FROST WAY DR. HAMPSTEAD, MD 21074 Changed: 05/16/2013 Registered Agent Name &Address BUSINESS FILINGS INCORPORATED 515 EAST PARK AVE. TALLAHASSEE, FL 32301-2960 Name Changed: 05/16/2013 Address Changed: 05/16/2013 Officer/Director Detail Name &Address VA - PL2014O001970 Title PST REV. 2 ROONEY, TUCKER P 14100 E. TAMIAMI TRAIL E LOT 101 NAPLES, FL 34114 httn://search.sunbiz.ora/Inauiry/CornorationSearch/SearchResultDetail/EntitvName/fora-f... 10/7/2014 Detail by Entity Name Page 2 of 2 Annual Reports Report Year Filed Date 2012 09/21/2012 2013 02/04/2013 2014 01/08/2014 Document Images 01/08/2014 --ANNUAL REPORT View image in PDF format 05/16/2013 -- Reg. Agent Change View image in PDF format 02/04/2013 --ANNUAL REPORT View image in PDF format 09/21/2012 --ANNUAL REPORT View image in PDF format 02/15/2011 --ANNUAL REPORT View image in PDF format 07/14/2010--ANNUAL REPORT View image in PDF format 11/22/2009-- REINSTATEMENT View image in PDF format 02/27/2008-- REINSTATEMENT View image in PDF format 01/23/2002--ANNUAL REPORT View image in PDF format 04/19/2001 --ANNUAL REPORT View image in PDF format 02/04/2000--ANNUAL REPORT View image in PDF format 06/07/1999--ANNUAL REPORT View image in PDF format 06/22/1998 -- Foreign Profit View image in PDF format Copvrioht©and Privacy Policies State of Florida,Department of State • http://search.sunbiz.org/Inquiry/Corporations earch/SearchResultDetail/EntityName/fora-f... 10/7/2014 05/15/2013 19:54 850-245-6804 DEPT. OF TATE PAGE 01/02 MAY-1.6-2imi ns 'S-Yt 60 1 60 7 6601 P. Florida Department of State Division of Corporations Electronic Filing Cover Sheet Note:Please print this pap and use it as a cover sheet.Type the fax audit number (shown below)on the top and bottom of all pages of the document. (((X:113000098643 3))) I 1 1 1111 f it 1I1111. i II111II1 i11111U111111 111111 11UI III IlR RhIINI H, • Note:DO NOT hit the REFRESH/RELOAD button on your browser from this page. Doing so will generate another cover sheet , TO: Division of Corporations Vex Number . (850)617-6380 ik —' ' ,y �t. Grp w AOCOwst Name z SUSIN838 PILTNCS 24 f'—'\ amount Number : 105256001620 .:fi..• .r .+.M Phone : C409)827-5300 20 , cr% . '' Tax Number . (608)827-5501 .;a` : **Enter the email address for this business entity to be used for future:,ra annual report mailings. Enter only one email address please.** y.' ` 1 ' .&,t. c Email Addlreea: dig*poola6ao2..com _ k '-s C'Ol REGISTERED AGENT CHANGE DIG-M-INSTALLERS,INC. Certificate of Stamps 1 0 1 o Certified Copy _____1 0 — V" Page Count .---J) 02 1 - �:7 p Estimated Charge 1 $35.04 1 ..0 y� o ::, 0 ' > >, a :_-.1 ... Qw > Electronic Filing Menu C• �. : e Fir �_ Menu Help ,_ 5/ 13 bttpsJ/e6.1e.sunbiz.org/seripts/eftleovr.exe 5/1/2013 1 7t)6..... 05/15/2013 19:54 850-245-5804 DEPT. OF STATE PAGE 02/02 MAY-16-2013 12:22 608 627 5501 608 627 6501 P.002 STATEMENT OF CHANGE OF REGISTERED OFFICE OR REGISTERED AGENT OR BOTH FOR CORPORATIONS . PutsY.ant to the provistons of sections 607.0502,617.0502.607.1 508,or 617.1508,Ronda Statutes,this � statement of change is submitted fir a corporation organised under the laws of the. a of Mazy fit order techrtnge Its registered tece or registered agent,or bark In the State afF1orida 1,The name oft eeo:pormioa: DIG-M-INSTALLERS,INC. 2.The ptincird office addrem 3088 Frost Way Drive,Hampstead,Maryland 21074 3,The mailing address(ifdiffereat): 4.Date of incorporationfquali6cation: 64W1998 DacIDnen =Ma:Ma: F98000003577 5.The some and street address of the current registered agent cad registered office on Me with the Florida Department of State:af resigned,cater resigned) ROONEy,_ ucloutp_ . . . . _. 14100 TAMIAML TRAIL E,LOT 101 NAPTFSPT '34114 W7114. W. 6.The rites and street address ofthc new n gi agent(if changed)and for registered office ''} `"' (if s)' °e:!f: mow: .Y .. -� rf,wx _ Business Filings Incorporated . ; � a' 515 E.Park Avenue,Tallahassee,Florida 32301 ;:t:.7 . Mt- P.O.Box NOraooe{rtabh 0 T as street its lamed office and the street address oftbebusb ss office of its registoen 'agcuteh �r by resolution dui adopted lyrts board of drt cbors or by an officer so Attgh ,--'.the aut$0 station ba beets nod ice wtrtusg of the change. ttm0 title. / 4_`x iL Tucker P Rooney,President I he hargby accept the ap lntmprt as stered agent and agree to act In this co ity. 1 fits rr agree to vamp tit the :p ors of alisc0 tar relative 4a the par and complete peep nee of u et t 1 f�n art t wt accept the obligation o myptlsitwn ps reg1Stere4 Ar tf ihfs sto tt JY r?rt y(A 1 Ct a to a rEgiSte oA1Ce addrert,7 hereby co rm that the corpora don assn rrnttpwcs to W ring o is chirtge. sie _ 10th day of April,2013 s a 3u um if signing on behalf of an entity: Mark Williams,AVP T.D.(orPiesedNaree ***PILING FEZ:535.00** * . MAIM C7 CKS PAYABL ETO FLOREDA DEPARTMENT OF STATE MAIL To:DWISION OF CORPORATIONS,2.0,Bo*6327,TALLAHASSEE,FL 32314 camas(&nS) • IA.■g 0134 '(4(91X3(686 4' 3 3 TOTM.. P.002 VA-PL20140001970 REV: 1 Co eY County 1063 DIAMOND LAKE CIR tu t DATE: 2/6/15 y DUE: 2/23/15 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) 252-5724 WWW.COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre- application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) El SDP (Site Development Plan) El BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) El SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) El FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC (Street Name Change—Unplatted) ❑ PNC (Project Name Change) ❑ TDR(Transfer of Development Rights) _ ❑ PPL(Plans& Plat Review) $1 VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description maybe attached) FOLIO(Property ID) NUMBER(s) of above(attach to, or associate with, legal description if more than one) STREET ADDRESS or ADDRESSES (as applicable, if already assigned) I 6=3 D f<e_ i • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy - needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL# 17( sx `o er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-5724 WWW.COLLIERGOV.NET Project or development names proposed for, or already appearing in, condominium documents(if application; indicate whether proposed or existing) Please Check One: 51 Checklist is to be Faxed back ❑ Personally Picked Up APPLICANT NAME: bcf_ S e_Y1 2.7.-u�'l s, , '1'_�tc_ .� l J PHONE -311— - (,%c6 FAX 36? — Lj LI - Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY FLN Number(Primary) 736 2 50 07 3 - 7 Folio Number Folio Number Folio Number Approved by: iiArL _ Date: 9-15- /q Updated by: / Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED "LSD ,tea t T,tr 0 Page 1 of 1 . kit r ' v. r ..,.._ .... , ,..• , -,..' . ,,,, -ir. ,.. .. ,, ‘.,„ ,, . .., , k g� ..... _ .. , . i k .-, 1 ,,, ... , t ... _.-• .4....i.„. . „_. .. - ,--- 4 , .......„ ,i,, , sir .. _ e Ti _ L [ - _mss {.. t e ` { y }fir - ../ 7 �fi - F 4* [ rte, }• t aria f ly 41 OnlitTrk N '''' 1 1.--- '.- ¢ _ -.�$ auk - \- �'.• . ::g { ALL.5. _ ° j.'4` _ fib- - r _ _ _ ti_ 0 ... O-8f£c rCo,r„��`ZF=i.Scc a.r:' tla�l_..FL 1,++...//.><.ni...t.11;or■■31.,111•Q;O01°Art711/.17a1111%1 o11/n71+1111+/(`n11iar 1 f11 d eriPf127A R(1SQFid1(171 h9 ina 9/1/')(114 ® i= '"` f . b 8 a ;'�� .... ' ` 1. 1▪ _ C ,� 3 '- ate'• - 3. CJ v >: h r O o r ki.F w 4 r! . m ▪ F .r4, #8�� V t •— 3 Try. t ` 4 I I•_- CD a `it j yu•'- d mr .. co CI IT A _ 7 . n' a^g g ...,- .,.. <5,44# o CD r e zr r'3 - :41 a:�.:. - - Sri -. v a CS 5 a-' f;fy ; 1 K�W Y ht. CS m 3 b . - .ilk t•rtiT -r�1y+ i E ..I cv ,4-.-1,1", + is •v♦ leti�tt pa o Wyk. ' y o? e J S a .r i . r n peso.F°' - - i= 1' 1"- -T' rD %q m e e- ¢ flik m J _�Xwy a- Lic g "ti 3 mCC> �nc g �7T M1 . y Z7 ml O G C $ � 1 N 0� Z. n :+: : e —F -a w .0 m co �Xw c ; a s 3 : r - _ r. °i J CD g Pr w A O N b T � ¢ ak II §. Om gym° s- , m 2sT z cn m Xi a II yS V T Z J V A J J Pp .0 UQ a J \ HP V 0 LEGEND LOT 12, BLOCK 2, SILVER EL• ,_„ P,ti _ LAKES PHASE TWO—A c‘, [ ) i• . OE F (#1063 DIAMOND LAKE CIRCLE, NAPLES, FLORIDA) 5 l .EXA1»:.2,-%rGN A.IM MO ATIVAJ A K.a5W1 aZ'•0"4H3l7W .4EE 51 oii: N �.FUCOWIC!!0000 M N %.MT F U\SK r� PC..Ftt.4T CORJ4�11!E FP a FNF:.S PONT 1 N 9.CuK?l:1UV-LT V5.9IT J R 7(I, Fl�PO4%!#KOVVKT UN POW FOOKNOTT cam,. IE k {v�-*04!UfEQ K7 ptr V4..REtOUC 444400 /`• (r IC-NJk17JO<CE ALOONI N �, U2,.-WE MM•RMl'/.E EA54+FM Si�.L.E °2O Iq:-aLC TO 007x50 J_ i .._ n43toxn LAKE CIRCLE' (eo' R/W,�• p iP�'.noKm 1 .•.i . r COKCRE7E t:i7EifR�,...�•.:':�_._.�-v,_...� ) 4-- C I (ry`' .aoirca�rc 000 SSS�"4.4"0' ;.'''=-P••• • . cF ..,( 4 `�¢' Ft OF LOT 237 v •%i'',• . 35.00' (R) t 1� A e9:gf ENCROIC!ffS^7 ,� • l.: IO'UE 1 6r "Aa E 44 f �,. 'i kr,',S , x k 2 t �1 p C I o n A m ' LOT 51 I m ,1 LOT 13 I I ii c. W 1 25_1 11 v I 1 I i , E; 11 5;.'REEN 00113 _1 1 fi I ..5.6'"i (r_---•i_1y� o _. _.._.^ . t It .-27.-11990 SfiP+ 1 r � . „ 6!CCft L.aGI"a--•--•.e N 99-17.4-24 W f B1s.- 35.00' (R) C P a CERTC CHIT gBtrD•PR'3M1t0 0.+5: TRACT CR-4 Pia) s DENNIS SHAW -PRASE On- it' GENEVA SPENSER k F t in SUF.E]' THE it'P_ C-SC/,ir f1OCt44 !rti v.V.4E O4C:°.04 044704 ufl TO oo:ES7. A or ur k.SIOOx 1100 E4OF r.&tis l.-1 uAO, E[`rl 7:GM4400.SE50401- S RX dN"KR 0$!?PAM., tTTOTNH TO 0400440 472114'],0.OGAF 00 Oft WO 07fFA I'04Wi OR 0!1!10*0!MT 00 IFS y O 5t5tYY.kJ/ T7E!00 044870.NO 10(0 i 2.0.4144 Er.'5L°1L. tri P �p /"..----7' / t 1 k I WO xma:P.w. (' B T"`71�11 as LEGAL DESCRIPTION P F" ri..X.V.f t:. TOT 13.N W!!1.SILVER leen 00145E 1M(-A I3 x 4o-"MEW= RECORDED:4 hN BOOK 24.PMOS M 0014 Ely# THE Pi/GSC pF1;OWOS Of COLLIES 0004044.C.AEe'?� .--..r W.,..,........,....11.......— .._'. N C?I'44T,!•7 F mx FOR 7w=was B Sr' OF BEARINGS;cc oou.1 u.5 NOT A�F�,Tr��R MAP F S LJ R`7 Y OE LAG 26M419 OR,to T# ^ EFYipl93.NG♦:r.4LLSHH:E NOf FlIR0ISIED M LrA4{F(b'XE ORSED O!I 71E SFE,s "Ws #W.AY / \ a VW_#9RA.Y. L9S DE PV YEIMJ URE CriLtE 9E:NG S OSf]'�Z'E _ ...� A, MEL H A 1 TO N DENNIS SHAW I LOT 12, BLOCK 2. SILVER Pk f ,GSENEVA SPENSER LAKES PHASE TWO— A Kns P.Y._t•. PROFESSIONAL LAN)) SURVEYOR j — PK L OS ±.m' L 0200 PADC3L4 STRZET, P'JN';k OORDA, FLOPSDA,'... ,i. .• ) 450-8843 �'r- - _. ..._ JOHN IBARRA & ASSOCIATES, INC. Professional Land Surveyors & Mappers W W W.1 BARRALANDSURVEYORS.COM - 777 N.W.72nd AVENUE 2804 DEL PRADO BLVD SOUTH SUITE 3025 SUITE NO.202 UNIT 1 MIAMI,FLORIDA 33126 CAPE CORAL,FL 33904 - -- PH: (305)262-0400 PH: (239)540-2660 ---, FAX:(305)262-0401 FAX:(239)540-2664 rk MAP OF BOUNDARY SURVEY 1063 DIAMOND LAKE CIRCLE,NAPLES,FLORIDA 34114 VD PI I t24PAgPHALT DIA B MT OND LAKE CIRCLE _N.D.2 TRACT'R"(N.A.P.) F B4O-B, S88'1742"E F.N.D. - NO ID. 60'TOTAL RIGHT-OF-WAY NO ID. 35.00' S88°17'42"E :BRICK:A 1.: t'4 _ AVER . b � COIIC::01 "." t 16'PWY v�(JewACY ;: A FN.D. ( � FIR.5/8" L.B.#5109 a• A)l 1- OM'. 4 LB#5109 391 94. i SEWER I I 1p45 ^.:.:.''.:A -^��' 1 CO'U.E. f �`9 W(ND• P 5.50' to. : .. F.I.P.. .1/2" ',pro �� .< 1 5.50' 10'U.E. " 2.ii / , —�-- NO CAP CABLE — (B) (B) BOX A . I 2.50' dale,/ ONE STORY < U.E.&D.E. A MOBILE A I(C) (B)PAD HOME k 3 #1063 ° co LOT-12 J A ON p V BLLOOT C-K 1-3 2 LOT-11 �00 BLOCK-2 ` O BLOCK-2V CNI C A� O METER COUNTER O / y2.50' y 276,11 _ U.E.&D.E. 2.50' 550 '° 4.:5;. v U.E.&D.E. �� s?,8 �. 5.49' 2.50' COVERED PLASTIC U.E.&D.E. I LANAI STEP (C) 7_--____—I C.i ; --z- F.LR.5/8' •• &M.E. &Af.E�t.: "10 'F.I I.R.5/8"_ LB.#3964 S88°17 42"E LB.#5109 WATER L TOP OP THE BANK ±11'TO WATER WATER APPROXIMATE — TRACT"CR4"(N.A.P.) EDGE OF WATER SILVER LAKES, PHASE ONE (D7/06/20I5) PD. 20 PG 91 AND 92 ENCROACHMENT NOTES: A.NORTH SIDE OF THE SUBJECT PROPERTY,CONCRETE DRIVEWAY,BALCONYMOBILE HOME AND BRICK PAVER ARE ENCROACHING INTO THE 10 FOOT UTILITY EASEMENT AND CONCRETE DRIVEWAY AND BRICK PAVER ARE ENCROACHING INTO THE RIGHT OF WAY OF DIAMOND LAKE CIRCLE. B. WEST SIDE OF THE SUBJECT PROPERTY,BRICK PAVE AND AIR CONDITIONER PAD ARE ENCROACHING INTO THE 2.50 FOOT UTILITY AND DRAINAGE EASEMENT AND CABLE BOX LIES INTO THE SUBJECT PROPERTY C.EAST SIDE OF THE SUBJECT PROPERTY,BRICK WALK AND PLASTIC STEP ARE ENCROACHING INTO THE 2.50 FOOT UTILITY AND DRAINAGE EASEMENT D.SOUTH SIDE OF THE SUBJECT PROPERTY,BRICK PAVERS AND CONCRETE SLAB ARE ENCROACHING INTO THE 8 FOOT DRAINAGE AND MAINTENANCE EASEMENT. .....a' LEGAL DESCRIPTION,• DRAWN BY: AHV - Q-VpS Iw LOT 12,BLOCK 2,SILVER LAKES PHASE TWO-A,ACCORDING TO 77-/E PLAT _. ( Q P taslFlcP , THEREOF,RECORDED IN PLAT BOOK 24,PAGE 54,55,OF 77-1E PUBLIC 9 SCALE: 1"=20' D. a.% RECORDS OF COLLIER COUNTY,FLORIDA. A� NO.6770 0 O STATE OF t CERTIFICATION-- FIELD DATE: 07/06/2015 F GENEVA B.SPENCER, TRUSTEE (4)A,_-. <oRICPy ZAMPOGNA LAW FIRM SURVEY NO: 15-002658-1 ••"4..I.a � L.B-#7808 SEAL SHEET: 2 OF 2 I/o AFFIDAVIT OF AUTHORIZATION • FOR PETITION NUMBERS(S) PL#2014,1970 I, Robert L.Ralston (print name), as Attorney in Fact (title, if applicable)of Genova B.Spancor. (company, if a licable),swear or affirm under oath,that I am the(choose one)owner ,/ applicant contract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made apart of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Iho Zampogna LOW Firm to act as our/my representative in any matters.regarding this petition including 1 through 2 above. *Notes: • • If the applicant is a corporation, then it is usually executed by the corp.pres. or v.pres. • if the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's"Managing Member." • if the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • if the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • if the applicant is a trust, then they must include the trustee's name and the words"as trustee': • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for'that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. • ..mac-tex A j Signatures Date • STATE OF-FLO-PAM COUNTY OF CQL.LtER kov L94 The f going instrumen was sworn to(or affirmed)and subscribed before me on f I( (date) by Kt)kit't C 0--6 pi name of person providing oath or affirmation), as who ' sonally known to i''or who has produced (type of identification) as identification. �u (/- . lyUi'�hn STAMP/SEAL Signat . of Notary Public s • JIM-LE 4 . Jito gpat � . JULIE A.MORRON SEAL My in Monroe County My Commission Expires 2015 Ci'108•COA-00115\155 - REV 3/24/14 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PZ-, (3012-14 I q 70 I, (7ene_ua 'B. S pe er (print name), as (title, if applicable)of (company, If ap licable), swear or affirm under oath,that I am the(choose one) owner applicant contract purchasernand that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Z ..monDn� l-. 4,,,,,-1 to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. 9 ,fie? - ---7.- - ;2�/ / Signature Date STATE OF-FLORIDA J1'41411--- COUNTY OF eetttER t 11t1titir-( T foregoing ins ment was sworn to(or affirmed) and subscribed before me on 14 141 il f (date) by ( b%�^'j' L• Sf Cf) .__._(p of person providing oath or affirmation), as (i.,, j.� who i es& known to me' r who has produced (type of identification) as identification. STAMP/SEAL Signa a of Notary f ublic <aYf,. JULIE A.MORRON 'Si✓f�L Residing in Monroe County -- My Commission Expires June 6,2015 • 0'108-00A-00115\155 VA-PL20140001970 REV: 1 REV 3/24/14 1063 DIAMOND LAKE CIR DATE: 2/6/15 DUE: 2/23/15 ' T f + (0 r GENERAL DURABLE POWER OF ATTORNEY OF GENEVA B. SPENCER BY THIS POWER OF ATTORNEY, I name an attorney-in-fact with power to act on my behalf pursuant to I.C. 30-5, as it exists now and is amended in the future. 1. SINGLE ATTORNEY-IN-FACT. In regard to all powers herein except Health Care Representative Appointment With Power to Stop Health Care, item 3.17, as my attorney-in-fact, I name Robert L. Ralston, 5090 E. Heritage Woods Road, Bloomington, IN 47401, office (812) 336-5913, home (812) 332-7515. If Robert L. Ralston is unable or unwilling to serve as attorney-in-fact in regard to all items except item 3.16, as successor attorney-in-fact, I name Monroe Bank, Bloomington, Indiana. In regard to Health Care Representative Appointment With Power to Stop Health Care, item 3.17, as my attorney-in-fact I appoint Robert L. Ralston, 5090 E. Heritage Woods Road, Bloomington, IN 47401, office (812) 336-5913, home (812) 332-7515, or Marianne B. Shaw, 105 Windward Drive, Ashville, NC 28803, home (828) 299-7256, cell (828) 335-7487, and Rita T. Sanders, 1624 N. Ridgeway Drive, Ellettsville, IN 47429, (812) 325-0616, and Anne Lucas, 6475 Lampkins Ridge Road, Bloomington, IN 47401, (812) 322-7140. In order for the three of Marianne B. Shaw, Rita T. Sanders, and Anne Lucas to take action as Health Care Representative, majority shall rule. In the event that Marianne B. Shaw is unable or unwilling to serve as Health Care Representative, then Patrick D. Shaw shall serve in her place. 2. EFFECTIVE IMMEDIATELY. This power of attorney shall become effective as of the date it is signed. 3. POWERS. I give to my attorney-in-fact or any successor attorney-in- fact the powers specified in this section to be used on my behalf, PROVIDED that my attorney-in-fact shall not have any power which would cause my attorney-in-fact to be treated as the owner of any interest in my property. 3.1. REAL PROPERTY. Authority with respect to real property transactions pursuant to I.C. 30-5-5-2. 3.2. TANGIBLE PERSONAL PROPERTY. Authority with respect to tangible personal property pursuant to I.C. 30-5-5-3. __ 3.3. BOND, SHARE AND COMMODITY. Authority with respect to bond, share and commodity transactions pursuant to I.C. 30-5-5-4. 3.4. RETIREMENT PLANS. Authority with respect to retirement plans pursuant to I._C30-5-5-4.5. 3.5. BANKING. Authority with respect to banking transactions pursuant to I.C. 30-5-5-5. 3.6. BUSINESS. Authority with respect to business operating transactions pursuant to I.C. 30-5-5-6. 3.7. INSURANCE. Authority with respect to insurance transactions pursuant to I.C. 30-5-5-7 and including authority to purchase a non-assignable, non-cancelable, single premium irrevocable straight life commercial annuity on my life and for the life of my spouse to provide monthly installments with the balance to my beneficiaries. 3.8. BENEFICIARY. Authority with respect to beneficiary transactions pursuant to I.C. 30-5-5-8. 3.9. GIFTS. Authority with respect to gift transactions pursuant to I.C. 30-5-5-9. 3.10. FIDUCIARY. Authority with respect to fiduciary transactions pursuant to I.C. 30-5-5-10. 3.11. CLAIMS AND LITIGATION. Authority with respect to claims and litigation pursuant to I.C. 30-5-5-11. 3.12. FAMILY MAINTENANCE. Authority with respect to family maintenance pursuant to I.C. 30-5-5-12. 3.13. MILITARY SERVICE. Authority with respect to benefits from military service pursuant to I.C. 30-5-5-13. 3.14. RECORDS, REPORTS AND STATEMENTS. Authority with respect to records, reports and statements pursuant to I.C. 30-5-5-14, including the power to execute on my behalf any specific power of attorney required by any taxing authority to allow my attorney-in-fact to act on my behalf before that taxing authority on any return or issue. 3.15. ESTATE TRANSACTIONS. Authority with respect to estate transactions pursuant to I.C. 30-5-5-15. 3.16. HEALTH CARE. Authority with respect to health care pursuant to I.C. 30-5-5-16. 3.16.1 HEALTH CARE INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996. The Health Insurance Portability and Accountability Act of 1996 (HIPPA), 42 USC 1320(d) and 45 CFR 160-164, sets forth specific requirements under certain circumstances for the use and disclosure of my individually identifiable health information I give my attorney-in-fact the authority to be treated as I would be treated with respect to my rights regarding the use and disclosure of my individually identifiable health information and other medical records under HIPPA. This includes past, present or future records including all information relating to the diagnosis and treatment of any illnesses. The authority of my attorney-in-fact supersedes any prior agreement that I may have made with my health care providers to restrict access to or disclosure of my individually identifiable health information. This authority given to my attorney-in-fact has no expiration date and shall expire only in the event that I revoke this authority in writing and deliver it to my health care provider. If this power of attorney is conditioned upon a health care provider familiar with my condition stating in writing that I am unable to manage my affairs, I give authority to my nominated attorney-in-fact to obtain that written information and authorize my health care provider to provide that written information and other medical records. 3.17. HEALTH CARE REPRESENTATIVE APPOINTMENT WITH POWER TO STOP HEALTH CARE. I appoint my attorney-in-fact as my health care representative with authority to act for me in all matters of health care in accordance with I.C. 16-36-1 as shown by the appointment under I.C. 16-36-1 which is attached to this power of attorney pursuant to I.C. 30-5-5-16(b)(2) and I.C. 30-5-5-17. 3.18. DELEGATE. Authority with respect to delegating authority pursuant to I.C. 30-5-5-18. 3.19. ALL OTHER MATTERS. Authority with respect to all other matters pursuant to I.C. 30-5-5-19. 3.20. DISCLAIM. Authority to disclaim any power or discretion that is considered unwanted and to disclaim gifts, inheritance, or other transfers even if my attorney-in-fact benefits by making the disclaimer on my behalf. • . 4. ALL PRIOR POWERS OF ATTORNEY REVOKED. All powers of attorney executed by me prior to the date of this power of attorney are revoked. 5. GUARDIAN. If protective proceedings are instituted on my behalf or a guardian is requested to act on my behalf, I name my attorney-in-fact to act on my behalf or as my guardian. 6. TERMINATION ON DEATH. Without regard to my mental or physical condition, this power of attorney shall continue in effect until revoked or until my death whichever occurs first. I have executed this instrument on _ , 2009. Geneva B. Spencer Social Security Number 310-28-6427 STATE OF INDIANA, COUNTY OF MONROE, SS: The undersigned, a notary public in and for the above county and state, residing in Monroe County, Indiana, certifies and witnesses that the abovesigned, personally known to me to be the same person whose name is subscribed to this instrument, appeared before me in person and acknowledged the signature and delivered the instrument as a free and voluntary act, for the uses and purposes named in the instrument. Date: / aGIU' u LEI Printed:(1.6rfrueG ,ei.5 My Commission Expires: Residing in /ialieOE County, IN •• P U THIS INSTRUMENT WAS PREPARED BY: /,0--/ ••.,'0'°.: Robert L. Ralston ` o Attorney-at-Law 2 400 W. Seventh Street, Ste. 103 i .1341 P.O. Box 2601 ' Bloomington, IN 47402-2601 •'•• /N D 1 •.•' (812) 336-5913 '''••.•.••••• F F'repaled ay JENNIFER A. BONO • ISLAND TITLE =maw AGENCY, INC. 111 236 7240 OR. 2457 PG. 2315 **t , Ins N. muse sum. Nb*CO ISLAND, Pt 14145 11001110 ii O1fICIB wan Of cows'cowry, R lac oral to the issuance of a title insurance policy. 11/11/11 at 01:1411 01ICit I. 1102, 01111 — file w.. 093919810161[ MU U110.11 Parcel Ins 7 UC 111 1.01 Grantee(e) is COC-.7I 311.11 htc WARRANTY DEED IOLAis mu COA11N1 A01 I (INDIVIDUAL) pIti or This WARRANTY DEED, dated by DOROTHY I. HACKETT, AN UNREMARRIED SURVIVING SPOUSE OF ROBERT P. HACKETT Woes post office address is 19 MAIN ST. HOLLIS, NH 03049 hereinafter called the GRANTOR, to GENEVA B. SPENCER, TRUSTEE OF THE GENEVA B. SPENCER REVOCABLE TRUST AGREEMENT DATED DECEI®ER 11, 1992. whose post office addrees is 2134 NORTH MT GILEAD RD hereinafter called the ORAMTU (wherever used herein the terms 'GRANTOR. and 'GRANTER• include all the parties to this instrument and the hairs, legal representatives and assigns of individuals, and the successors and assign* of corporations.) WITNESSETH: That the ORA1rroa, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, tel conveys and confirms unto the oasis 6, all that certain land situate in Collier County, Florida, via: Lot 12, Block 2, SILVER LACES PHASE TWO-A, according to the plat thereof, recorded in Plat Book 24, Page 54,55 of the Public Records of Collier County, Florida. �,. COU THIS RECORDED INSTRUMENT = : \' ONVEY a =v :+• ,,TRUSTEES A POWER AND AUTHORITY EITHER TO PROTEC,T,LCONSERVE,SELL, , LEASE, ENCUMBER OR OTHERWISE TO MANAGE AND plain A • , PROP TY '9 :1•IN DESCRIBED. \--lr, i SUBJECT TO covenants. conditions, r tr tie, reservations, li tsti• a sa time, ! is and agreements of record, it any; e� taxes and assessments for the year 1951 and subsequent years; and to all. ' licab ,a i ig ordinances and/or restrictions and `` prohibitions imposed by governmental authorities , any. I.)/ 4 TOGETHER with all the tenements, hereditament AM's ptenances thhe g.n or in anywise appertaining. Na i TO HAVB AND TO HOLD, the ear in t« aimole e aa_��AND THE GRANTOR hsrs:by covenants with said GRAMM that except as above noted, the ORRWTOa is lawfully seised of said land in f« simple; that the GRANTOR has good right and lawful authority to sell and convey said land; that the GRANTOR hereby fully warrants the title to said land and will defend the same against the lawful claiwe of all persons whomsoever. IN WITNESS WHEREOF, gaAFnOR has signed and sealed these cents the date sat yforth above, sIGURD tat TIM PaisiFIC7 oP TUX roLLowlvo aimed p. i�11.1'Y H�1C:ICE 7�`� Signature; 9/'�/,-�]-�{�_: li ictC[-L. Print Name; . P fir Nn�. Vu f(a fiCC'(,,i signature: 1)1 1.t), c t ._ Print Name: F.Ani- Li i e-vv.-4I, i State of jah.4ctA�.. County of (Vii. I 7 `l t N a notary public of the state of �.....- i t, ,4L1.4 , and ay cosies/on e:piro, S. I C t! Tae Pon IC07.3 hiTlit11AtT was acknowledged before se on v cE ? y 1r7') by DOR , . F f':I(1.DKITT, AN UNREMARRIED 1RVIVING SPOUSE OF ROBERT P. o who is � rtI l reomMiy/, t ¢10. or rho has produced 41./+_v 1 Cl c..a' as identification and who A,„A take an oath. c-, �, (type of identificat 0 /) `1/�/� (did/did not) Ott fl 1..10• Signature; J'--(�•Li ,•%y'�••'��Lr;fAM - _� Print Nen. (L-,e,r- i,.(.;. lSc'vNwr t-' Notary Public (....„A234Sg�4 sa qq _ ..) ORDINANCE NO.05– 14 N APR N ,, /'Lane AN ORDINANCE AMENDING ORDINANCE NUMBER cc1s D �%,, 2004-4E, THE COLLIER COUNTY LAND DEVELOPMENT � ›... �$,0 CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP(S) BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "MPUD" MIXED USE PLANNED UNIT DEVELOPMENT KNOWN AS SILVER LAKES PUD, FOR PROPERTY LOCATED AT 1001 SILVER LAKES BOULEVARD IN SECTIONS 10 AND 15, TOWNSHIP 51 SOUTH, RANGE 2dF N EAST, COLLIER COUNTY, FLORIDA, CONSISTING OE– . r' 146+ ACRES; PROVIDING FOR THE REPEAL O =_-; ORDINANCE NUMBER 91-90, THE FORMER SILVER^;;, :'' LAKES PUD; AND BY PROVIDING AN EFFECTIVE_ `D DATE. -nom c,c.1 co :.,..7 c , E---'vn WHEREAS, Dwight Nadeau of RWA, Incorporated, representing Conquest Development V. U. S.A.,L.C.,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,that: SECTION ONE: The zoning classification of the herein described real property located in Section 10 and 15, Township 51 South, Range 26 East, Collier County, Florida, is changed from "PUD"to"MPUD"Mixed Use Planned Unit Development in accordance with the MPUD Document,attached hereto as Exhibit"A",which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map(s), as described in Ordinance Number 2004-41, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 91-90, known as the Silver Lakes PUD,adopted on September 24,2001 by the Board of County Commissioners of Collier County,is hereby repealed in its entirety. Page 1 of 2 Attachment B SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this ), lday of 7 GI re/1 ,2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHTE„$ROCK,CLERK COLLIER COUNTY,FLORIDA ;+ •; l'1-11--t 1/4)• At 'std !t`t0 ^`' FRED W.COYLE,CH AN rod o .,�$' pp � �t i Legal Su ie'c�cy 1r• ri 7 ' � ,. Marjorie M. Student Assistant County Attorney PUDZ-A-2003-AR-4942/MD/Id • • • • This ordinance filed with tba Page 2 of 2 Secretary of State's Office the A946 day of nAdeil,oS and 0ck owiednement of ti fill g re dived this.. e By �� il� ,Dc aeo.ny Gent o SILVER LAKES A MIXED USE PLANNED UNIT DEVELOPMENT PREPARED FOR: CONQUEST DEVELOPMENT USA, L.C. 1001 SILVER LAKES BLVD. NAPLES, FLORIDA 34114 PREPARED BY: PIYTif CONSULTING -I. I.. V V1 Z RWA, INC. 3050 NORTH HORSESHOE DRIVE SUITE 270 NAPLES, FLORIDA 34104 DATE FILED 10/29/03 DATE REVIEWED BY CCPC 1/20/05 DATE APPROVED BY BCC 3/22/05 ORDINANCE NUMBER 05-14 EXHIBIT "A" N:+2001\DI-0091.00 Silver Lakes\000I Insubstantial PUD Amendment#3735\2003-Amendment'Silver Lakes PUD 3-22-05 Clean.doc • TABLE OF CONTENTS PAGE LIST OF EXHIBITS I STATEMENT OF COMPLIANCE II SECTION I PROPERTY OWNERSHIP &DESCRIPTION 1-1 SECTION II PROJECT DEVELOPMENT 2-1 SECTION III LOW DENSITY PARK/TRAVEL TRAILER RECREATIONAL VEHICLE DEVELOPMENT 3-1 SECTION IV LOW DENSITY RECREATIONAL RESIDENCE DEVELOPMENT 4-1 SECTION V COMMONS 1 RECREATION AREA 5-1 SECTION VI CONSERVATION AREA 6-1 SECTION VII BUFFER AREA 7-1 SECTION VIII DEVELOPMENT COMMITMENTS 8-1 N:-•200l',01-0091.00 Silver Lakes\.000I Insubstantial PUD Amendment#3735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean.doc LIST OF EXHIBITS EXHIBIT A Mixed Use Planned Unit Development Master Plan /'1 I ti:\2001'AI-0091.00 Silver Lakes\000I Insubstantial PUD Amendment#3735\2003-Amendment Silver Lakes PUD 3-22-05 Clean.doc STATEMENT OF COMPLIANCE The development of approximately 146 acres of property in Collier County, Florida as a Mixed Use Planned Unit Development (MPUD) to be known as Silver Lakes will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan (GMP). The recreational residential and recreational facilities of the Silver Lakes MPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1) The subject property is within the Urban Coast Fringe Subdistrict Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element (FLUE). 2) The proposed gross density of the Silver Lakes development, being 3.83 lots per acre is derived from the Density Rating System of the FLUE from Collier County's GMP. Therefore,the gross density of the Silver Lakes development is consistent with Collier County's GMP. 3) The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. /'1 4) Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 5) The project development will result in an efficient and economical extension of community facilities and services as required in Policy 5.3 of the FLUE. 6) The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required in regulations required by Objective 1.5 of the Drainage Sub- element of the Public Facilities Element. 7) The project shall comply with the provisions of Sections 6.02 and 10.02.07 of the LDC, and therefore, it will implement, and further Objective 2 of the Future Land Use Element. �— II N:\200I'01-0091.00 Silver Lakes\0001 Insubstantial PUD Amendment#3735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean.doc SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE: The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Silver Lakes MPUD. 1.2 LEGAL DESCRIPTION: The subject property being approximately 146 acres, is described as the South 1/2 of the Southeast 1/4 of Section 10, Township 51 South, Range 26 East, lying East of State Road 951, Collier County, Florida, and the South 'h of the Southwest 1/4 of Section 10, Township 51 South, Range 26 East, lying East of State Road 951, Collier County, Florida, and the North 220.00 feet of the North %of the North 1/2 of Section 15,Township 51 South, Range 26 East, lying East of State Road 951, Collier County, Florida. 1.3 PROPERTY OWNERSHIP: The subject property is currently under the ownership of the individual lot owners, Conquest Development USA, L.C. and the Silver Lakes Property Owners Association of •'■ Collier County, Inc. 1.4 SHORT TITLE This Ordinance shall be known and cited as the "Silver Lakes Mixed Use Planned Unit Development Ordinance." 1.5 GENERAL DESCRIPTION OF PROPERTY AREA: A. The project site is located in Sections 10 and 15, Township 51 South, Range 26 East. Furthermore, the subject property is located on the east side of State Road 951, approximately 1 3/4 miles south of East Tamiami Trail (U.S. 41). B. The zoning classification of the subject property prior to the date of this approved MPUD Ordinance was PUD. 1.6 PHYSICAL DESCRIPTION: The project site is on the east side of Collier Blvd. (S.R. —951) in the Rookery Bay Watershed. The subject property receives little or no run-off from adjacent properties due to the existing farm outfall swales on adjacent properties, and the Collier Blvd. (S.R. —951) drainage system. Traversing through the site is an FPL easement, which isolates the property into two portions. Existing ground elevations range from +3.4 to +4.2 N.G.V.D., with the higher elevations in the northeast corner causing a southwesterly flow of on-site run-off. 1-1 N 0_001,01-0091.00 Silver Lakes■0001 Insubstantial PUD Amendment#3735\2003-Amendmeni\Silver Lakes PUD 3-22-05 Clean.doc Water management for the proposed project will be accomplished by two interconnected on-site lakes. Runoff will be directed to the lakes through a series of grass swales and culvert systems. Project discharge is into the adjacent Collier Blvd. (S.R.-951) roadside outfall canal that runs along the westerly property boundary and flows toward Rookery Bay. The water management system will provide a balance between the needs of the residents of the project and the requirements of the natural hydraulic systems of the area. The soils found within the project boundaries include predominantly equal portions of Arzell fine sand and Charlotte fine sand and minor areas of Immokalee fine sand in the northwest, southwest, and southeast corners of the property. Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture in March, 1954. 1.7 PROJECT DESCRIPTION The Silver Lakes MPUD shall be a mixed-use development incorporating park / travel trailer recreational vehicle (park/TTRV) development with recreational residential development. Also, the project will offer diverse recreational amenity opportunities. The amenities proposed to be provided in the project include, but are not limited to, a 9-hole golf course, typical accessory uses, structures designed to provide social and recreational space, lakes, natural and landscaped open spaces, and a wide variety of outdoor recreational opportunities. Each lot will be served with publicly provided utilities including potable water and electricity. Collier County provides sewer service via its central system. n 1-2 N:\2001'01-0091.00 Silver Lakes\0001 Insubstantial PUD Amendment#3735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean.doc SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE: The purpose of this Section is to delineate and generally describe the project plan of development, the respective land uses of the tracts included in the project, as well as the project criteria for the Silver Lakes MPUD. 2.2 GENERAL: A. Regulations for development of the Silver Lakes MPUD shall be in accordance with the contents of this Document, MPUD- Mixed-Use Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and GMP in effect at the time of building permit application. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County LDC in effect at the time of SDP approval or plat approval,where applicable. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Silver Lakes MPUD shall become part of the regulations which govern the manner in which the MPUD site may be developed. 2.3 PROJECT PLAN AND LAND USE TRACTS: A. The MPUD Master Plan, including layout of streets and general depiction of land uses, is illustrated graphically by Exhibit "A", MPUD Master Development Plan. There shall be land use tracts, plus necessary water management lakes, street rights-of-way, the general configuration of which is also illustrated by Exhibit TYPE UNITS ACREAGE +/- TRACT "A" Park/T.T.R.V. 400 24 TRACT "AR" RECREATIONAL 160 15 RESIDENCE TRACT "CR" COMMONS/RECREATION 0 79 TRACT "CO" CONSERVATION 0 25 TRACT "B" BUFFER 0 3 Total 560 146 2-1 N:L'001\Ol-0091.00 Silver Lakes10001 Insubstantial PUD Amendment#3735\2003-Amcndment■Silver Lakes PUD 3-22-05 Clean.doc B. Areas illustrated as lakes by Exhibit "A" shall be constructed lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit"A". C. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY: A maximum of 400 park/TTRV lots and 160 recreational residential lots shall be constructed in the total project area. The gross project area is approximately 146 acres. The gross project density will be a maximum of 3.84 lots per acre for 560 total lots. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS: The project shall be platted in accordance with Section 10.02. of the LDC to define the rights-of-way and tracts as shown on the Master Plan,unless ownership is to remain with one entity(no fee simple selling of lots or tracts), and a SDP is submitted for approval for the entire area encompassed by the MPUD Master Plan. A. If a plat is to be recorded on this project, the following shall occur prior to development of any individual parcel,tract or lot: 1) Construction plans and plats over the entire MPUD shall be submitted and approved in accordance with the LDC. 2) Construction plans and plats for either the entire MPUD or that portion proposed for initial construction shall be submitted and approved. B. Further development of any platted tract or parcel shall be subject to the following: 1) The provisions of Section 10.02.03 of the Collier County LDC, when applicable, shall apply to the development of all platted tracts of land as provided in said Section prior to the issuance of a building permit or other development order. n 2-2 N:12001`0I-0091.00 Silver Lakes\0001 Insubstantial PUD Amendment t13735'2003-Amendtnent\Silver Lakes PUD 3-22-05 Clean.doc 2) The developer of any platted tract or parcel which is intended to be further subdivided shall be required to submit and receive approval of a final subdivision plat, for that tract in conformance with the requirements established in Section 10.02.04 of the LDC. Construction plans and a final plat shall subsequently be submitted and approved. Additional Iakes (i.e.: golf course lakes),and facilities characteristically incidental to such a development are excluded from this provision but remain subject to the requirements of Section 3.05.10 of the LDC. Construction plans and a plat shall subsequently be submitted and approved. 2.6 GENERAL DESCRIPTION OF DEVELOPMENT: Areas designated for park/TTRV land uses on Exhibit "A" are designed to accommodate a full range of recreational vehicle types and customary accessory uses. Areas designated for recreational residential land uses on Exhibit "A" are designed to accommodate a specific type of residential dwelling as set forth in Section IV of this Document. Approximate acreages of all tracts have been indicated on Exhibit "A" in order to indicate relative size and distribution of the permitted uses. These acreages are based on conceptual designs and shall be considered to be approximate. Actual. acreages of all /"\ development plan tracts shall be provided at the time of development plan approval in accordance with Section 2.5 of this MPUD Document. 2.7 DEDICATION AND MAINTENANCE OF COMMON FACILITIES: Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said easements and improvements shall be in compliance with the Collier County LDC. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with the applicable regulations in effect at the time approvals are requested. A property owners' organization shall be created and shall be assigned responsibility for operation, maintenance and management of all commonly owned lands, facilities and waters within the project. 2.8 PARK TRAILER&RECREATIONAL RESIDENCE MODELS: Park trailer and recreational residential models, not to exceed four, (i.e. 1 "Sales Center" and 3 "Dry Models") shall be permitted in conjunction with the promotion of the development. 2-3 N:\200P.01-0091.00 Silver Lakes 0001 Insubstantial PUD Amendment#373512003-Amendment\.Silver Lakes PUD 3-22-05 Clean.doc No more than three "dry models" may be constructed prior to recording a plat for the project if applied for by the owner. Site(s) for the model(s) shall conform to zoning standards and shall be located on a future platted lot. A metes and bounds legal description shall be provided on the site plan required as part of the building permit issuance. Access shall be provided to each model from the model serving as a "sales center", or an approved independent "sales center". Access shall be for pedestrian traffic only,no paved road shall be allowed. A "sales center" may be constructed prior to recording of a plat. The "sales center" shall be limited to one structure(one building permit). It may be serviced by a temporary utility system (i.e. dry well and septic tank/drain field) prior to availability of central utility systems, at which time connection to the central system shall be made. Interim fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available to serve the center. Review and approval of the "sales center" shall follow the requirements of the SDP process. A metes and bounds legal description shall be provided as part of the application. Access to the "sales center" shall be provided by a paved road or temporary driveway which meets County standards. A water management plan shall be provided which accommodates the run-off from the "sales center", the required parking and access road/driveway and any other impervious surfaces. The system shall be designed to fit in with the master water management system for the entire development. At the time of building permit application for the "sales center", a temporary use permit shall be obtained. "Sales centers" may not be occupied until a certificate of occupancy (CO) is issued. Models shall obtain a conditional CO for model purpose only. Models shall not be occupied until a permanent CO is issued. 2-4 N.\2001\O I-0091.00 Silver Lakes10001 insubstantial PUD Amendment#373512003-Amendrnent\Silver Lakes PUD 3-22-05 Clean.doc SECTION III LOW DENSITY PARK/TRAVEL TRAILER RECREATIONAL VEHICLE DEVELOPMENT 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A" as Tract A,park/TTRV. 3.2 DEFINITIONS: (taken from the 2003 Florida Statutes, Chapter 320.01, Definitions, General. ) A. Recreational Vehicle: A unit primarily designed as temporary living quarters for recreational, camping, or travel use,which either has its own motive power or is mounted on or drawn by another vehicle. B. Park Trailer: tTh A transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. The total area of the unit in a setup mode, when measured from the exterior surface of the exterior stud walls at the level of maximum dimensions, not including any bay window, does not exceed 400 square feet when constructed to ANSI A-119.5 standards,and 500 square feet when constructed to United States Department of Housing and Urban Development Standards. The length of a park trailer means the distance from the exterior of the front of the body(nearest to the drawbar and coupling mechanism) to the exterior of the rear of the body (at the opposite end of the body), including any protrusions. C. Travel Trailer(includes fifth-wheel travel trailer): A vehicular portable unit, mounted on wheels, of such a size and/or weight as not to require special highway movement permits when drawn by a motorized vehicle. It is primarily designed and constructed to provide temporary living quarters for recreational, camping, or travel use. It has a body width of no more than 8 V2 feet and an overall body length of no more than 45 feet when factory-equipped for the road. rTh 3-1 N:12001\01-0091.00 Silver Lakes 1000I Insubstantial PUD Amendment#3 7 3 51200 3-Amendment\Silver Lakes PUD 3-22-05 Ciean.doc • D. Camping Trailer: A vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use. E. Truck Camper: A truck which is equipped with a portable unit which is designed to be loaded onto, or affixed to, the bed or chassis of the truck and constructed to provide temporary living quarters for recreational,camping,or travel use. F. Motor Home: A vehicular unit which is built on a self-propelled motor vehicle chassis, and is primarily designed to provide temporary Iiving quarters for recreational, camping, or travel use. 3.3 MAXIMUM DWELLING UNITS: The maximum number of park/TTRV lots allowed within the MPUD shall be as follows: Tract A= 400 Total = 400 3.4 USES PERMITTED: No building or structure, or part thereof,shall be altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1) Park trailers: One(1)per lot. 2) Travel trailers(including fifth-wheel trailers): One(1)per lot. 3) Camping trailers: One(1)per lot. 4) Truck campers: One(1)per lot. 5) Motor homes: One (1)per lot. 3-2 N:`2001\01-0091.00 Silver Lakes\0001 Insubstantial PUD Amendment#3 7 3 512003-Amendment\5ilver Lakes PUD 3-22-05 Clean.doc 6) Any other recreational unit not specifically mentioned above, that is designed to provide temporary or seasonal living quarters for recreational, camping, or travel use: One (1)per lot. B. Accessory Uses: 1) One (1) caretaker's residence in conjunction with the operation of the park. The residence may be a single family residence subject to the development standards of the RSF-5 Zoning District, as contained in the Collier County LDC in effect at the time construction permits are requested. Furthermore, any three(3)park/TTRV lots may be combined to satisfy this provision without being subject to Subsection 2.5.B.2 of this Document. 2) Accessory uses and structures customarily associated with park/TTRV recreational vehicle lots, including: (a) Utility sheds, attached or detached, not to exceed sixty(60) square feet. (b) Roofed, aluminum with screen/glass, and/or vinyl enclosed porches, elevated or at ground level, not to exceed five hundred (500) square feet. Modular construction of the accessory structure is permitted, and may be constructed by the manufacturer of the park trailer principal structure, and assembled together on the lot within designated Tract A lots. Motor homes intended to be located on lots within the Tract A area shall be permitted to have a similarly modularly constructed accessory structure. (c) In addition to the foregoing, roofed, screened or enclosed rooms permanently anchored to a Iot, or attached, provided such screen rooms are constructed in compliance with all County, State and Federal building standards. (d) Structural additions, for which a building permit was issued, in existence as of the date of adoption of this MPUD Document shall continue to exist. Expansion of such additions shall only be pursued in strict compliance with the applicable development standards. (e) One carport per lot. 3) Utility and drainage facilities. 4) Golf cart paths. 3-3 N:\2001\01-0091.00 Silver Lakes\000I Insubstantial PUD Amendment#3735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean.doc 3.5 DEVELOPMENT STANDARDS: A. GENERAL: All yards and setbacks shall be in relation to the individual parcel (lot)boundaries. B. MINIMUM LOT AREA: 2,350 square feet. C. MINIMUM LOT WIDTH: 1) Corner Lots: Forty-five(45) feet. 2) Interior Lots: Thirty-five(35) feet. D. MINIMUM YARDS: 1) Front Yard: Ten(10) feet. 2) Side Yard: Five(5) feet. 3) Rear Yard: Eight(8) feet. E. MAXIMUM GROSS FLOOR AREA: Five Hundred (500)square feet, exclusive of decks and porches. F. MAXIMUM HEIGHT: 1) Principal Structure: Fifteen(15)feet. 2) Accessory Structure: Fifteen(15)feet. G. MINIMUM PRESERVE SETBACK: 1) Principal Structure: Twenty-four(24) feet. Deviation from LDC Section 3.05.07 where a principal structure is required to be set back from a preserve twenty-five (25) feet. 2) Accessory Structure: Ten 10 feet. 3.6 PERMANENT LOCATION OF PARK/TTRV UNITS: Park / travel trailer recreational vehicles may be permanently located on a lot; however, no permanent residency is allowed. A covenant running with the land shall be recorded in Public Records of Collier County restating the MPUD restriction on permanent residency. Compliance with this provision shall be insured by utilizing the following enforcement measures: 3-4 N:'.2001\O1-0091.00 Silver Lakes■0001 Insubstantial PUD Amendment#3735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean.doc A. Lots Rented: For those park/TTRV lots that are rented, the park manager shall maintain a register of tenants or occupants of the park, noting the duration of the rental arrangement. This register shall track the occupancy of the rental lots, and shall be provided to persons employed by Collier County, in an official capacity, upon their request. Failure to provide said register, duly describing the persons who have occupied a park/TTRV lot, and their occupancy shall be subject to the penalties prescribed by applicable Collier County Codes. B. Lots Sold: For those park/TTRV lots that are sold, the developer / owner of the lots shall include in the sales contract a notice that current zoning regulations prohibit the use of the lot for permanent occupancy. The new lot owner shall be responsible for registering his or her arrival and departure from their unit with the manager of the park. Failure to register will hold the new lot owner responsible for any penalties imposed by Collier County. 3.7 PERMANENCY CONTINGENCY: If, after the approval of this MPUD, Collier County adopts a policy or ordinance to allow permanent occupancy of recreational vehicles in TTRVC or similar zoning districts, Section 3.6 of this MPUD Document shall become null and void. 3.8 FLOOD PLAIN ELEVATIONS: All park / travel trailer recreational vehicles and accessory structures shall meet flood plain elevations if permanently attached to the ground or utility facilities. 3.9 ANCHORING/SEWER, WATER AND ELECTRICAL CONNECTIONS: All travel trailer units that require a special license and/or permit to be transported on Florida state highways, when positioned on a lot in this MPUD, shall be anchored in accordance with the standards set forth in the Building Code adopted by Collier County. These units shall be connected to the public water and sewer system. Additionally, such units must obtain electrical service directly from the electric utility authorized to provide such service in Collier County. 3-5 N:\.2001'01.0091.00 Silver Lakes\0001 Insubstantial PUD Amendment#373512003-Amendment\Silver Lakes PUD 3-22-05 Clean doc SECTION IV LOW DENSITY RECREATIONAL RESIDENCE DEVELOPMENT 4.1 PURPOSE: The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A" as Tract AR,Recreational Residence. 4.2 DEFINITIONS: A recreational residence is a transportable unit which has a body width not exceeding 14 feet, and which is built on an integral chassis, and designed to be used as a dwelling when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. All recreational residences located in the development shall have water closets designed to have a maximum water flushing capacity of 1.5 gallons. The total area of the unit in a setup mode, when measured from the exterior surface of the exterior stud walls at the level of maximum dimensions including expandable rooms, but not including any bay window, shall not exceed 700 square feet. The total length of a recreational residence is the distance from the exterior of the wall nearest to the drawbar and coupling mechanism, to the exterior of the wall at the opposite end of the unit,where such walls enclose living or other interior space. Such distance includes expandable rooms, but excludes bay windows, porches, drawbars, couplings, hitches, wall and roof extensions, or other attachments that do not enclose interior space. The total length of a recreational residence shall not exceed 50 feet. All recreational residences shall be constructed to United States Department of Housing and Urban Development Standards. 4.3 MAXIMUM DWELLING UNITS: The maximum number of recreational residential lots allowed within the MPUD shall be as follows: Tract AR= 160 Total = 160 4-1 N:1'_001\01-0091.00 Silver Lakes\000l Insubstantial PUD Amendment#3735\2003-Amendment`Silver Lakes PUD 3-22-05 Clean.doc 4.4 USES PERMITTED: No building or structure, or part thereof, shall be altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Recreational Residences: One(1)per lot; 2) All land uses permitted in Section 3.4.A. of this Document. B. Accessory Uses: 1) Accessory uses and structures customarily associated with residential lots, including: (a) Utility sheds, attached or detached, not to exceed sixty(60) square feet. (b) Roofed, aluminum with screen/ glass, and/or vinyl enclosed porches, elevated or at ground level, not to exceed seven hundred (700) square feet. Modular construction of the accessory structure shall be permitted, and may be constructed by the manufacturer of the recreational residence principal structure, and assembled together on the lot within designated Tract AR lots. (c) In addition to the foregoing, roofed, screened or enclosed rooms permanently anchored to a lot, or attached, shall be permitted provided such screen rooms are constructed in compliance with all County, State and Federal building standards. • (d) Structural additions, for which a building permit was issued, in existence as of the date of adoption of this MPUD Document may continue to exist. Expansion of such additions shall only be pursued in strict compliance with the applicable development standards. (e) One carport per lot. 2) Utility and drainage facilities. 3) Golf cart paths. 4-2 N:\2001,A1-0091.00 Silver Lakes\000 I Insubstantial PUD Amendment#3735\2003-Amendment'Silver Lakes PUD 3-22-05 Clean.doc 4.5 DEVELOPMENT STANDARDS: A. GENERAL: All yards and setbacks shall be in relation to the individual parcel (lot)boundaries. B. MINIMUM LOT AREA: 3,800 square feet. C. MINIMUM LOT WIDTH: 1) Corner Lots: Fifty-five(55) feet. 2) Interior Lots: Forty-five (45)feet. D. MINIMUM YARDS: 1) Front Yard: Ten(10) feet. 2) Side Yard: Five(5)feet. 3) Rear Yard: Eight(8) feet. E. MAXIMUM GROSS FLOOR AREA: Seven Hundred (700) square feet, exclusive of decks and porches. F. MAXIMUM HEIGHT: 1) Principal Structure: Fifteen(15) feet. 2) Accessory Structure: Fifteen(15) feet. G. MINIMUM PRESERVE SETBACK: 1) Principal Structure: Twenty-four(24) feet. Deviation from LDC Section 3.05.07 where a principal structure is required to be set back from a preserve twenty-five(25) feet. 2) Accessory Structure: Ten 10 feet. 4.6 ANCHORING/SEWER, WATER AND ELECTRICAL CONNECTIONS: All recreational residential units, when positioned on a lot in this MPUD, shall be anchored in accordance with the standards set forth in the Building Code adopted by Collier County for mobile homes, and be connected to the public water and sewer system. Additionally, such units shall obtain electrical service directly from the electric utility authorized to provide such service in Collier County. _ 4-3 N:\200I'01-0091.00 Silver Lakes\000: Insubstantial PUD Amendment#3735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean.doc SECTION V COMMONS / RECREATION AREA 5.1 PURPOSE The purpose of this Section is to set forth the development plan and development standards for the areas designated as Tract CR, Commons / Recreation Area on Exhibit "A". The primary function and purpose of this Tract will be to provide access and aesthetically pleasing open areas, hurricane evacuation shelter facilities for recreational uses, and use areas intended to satisfy the resident's basic needs for a quality recreational opportunity. Except in areas to be used for water impoundment and principal or accessory use areas, all natural trees and other vegetation, as practicable, shall be protected and preserved. 5.2 USES PERMITTED: No building or structure,or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: I) Utility, water management and right-of-way easements. 2) Golf courses for use by the residents of the development and golf cart paths. 3) Structures which house social, administrative, or recreational facilities. 4) Hurricane evacuation facilities for recreational residential land uses. 5) Lakes. 6) Signage for project identification or advertising. 7) Pedestrian and bicycle paths or other similar facilities constructed for purposes of access to, or passage through the commons areas. 8) Small docks, piers or other such facilities constructed for purposes of lake recreation, or mooring, or use of non-internal combustion lake recreation apparatus used by residents of the project. 5-I N:'2001\01-0091.00 Silver Lakes\0001 Insubstantial PUD Amendment#3 7 3 51200 3-Amendment\Silver Lakes PUD 3-22-05 Clean.doc 9) Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor recreation. B. Accessory Uses: 1) Clubhouse, pro-shop, practice driving range and other customary accessory uses of golf courses. 2) Customary accessory uses or structures incidental to recreational areas and, or facilities, including structures constructed for purposes of maintenance, storage (including R.V. storage), recreation or shelter with appropriate screening and landscaping. 3) Upon completion of the development of this project, convenience establishments of a commercial nature including stores, laundry and dry cleaning agencies, beauty shops and barber shops shall be permitted subject to the following restrictions: Such establishments and the parking area primarily related to their operations shall not occupy more than five (5%) percent of the project; shall be subordinate to the use and character of the project; shall be located in the area of the northernmost and, or westernmost recreation facilities as may be depicted on the MPUD Master Plan. Said accessory commercial uses shall serve the exclusive trade of the service needs of the persons residing in the project; and shall present no visible evidence of their commercial character from any portion of any public street or way outside the project. 4) Solid waste refuse facilities(i.e.:dumpster,compactor, etc.) 5.3 DEVELOPMENT REGULATIONS: A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas, and location of screened areas. B. All buildings shall be set back a minimum of fifteen (15) feet from all parcel boundaries and the right-of-way tract. C. Buildings shall be set back a minimum of thirty-five (35) feet from abutting off- site residentially zoned districts, and a minimum fifteen (15) foot Type `B" perimeter landscape buffer shall be provided. D. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare,or other interference. 5-2 N:'2001`0I-0091.00 Silver Lakes1000I Insubstantial PUD Amendment#3735\2003-Amendment\Silver Lakes PUD 3-22-05 C1ean.doc E. Preserve Setbacks: 1) Principal Structure: Twenty-four(24) feet. Deviation from LDC Subsection 3.05.07 where a principal structure is required to be set back from a preserve twenty-five(25) feet. 2) Accessory Structure: Ten 10 feet. F. A SDP in compliance with these Development Regulations shall be required in accordance with Section 2.5 of this MPUD Document. G. Maximum Height: 1) Principal Structure: Thirty-five(35) feet. 2) Accessory Structure: Fifteen(15) feet. H. Minimum Off-Street Parking and Loading: 1) Private Golf Course: Two (2) spaces per hole plus one (1) space per 300 square feet for office / Iobby/pro shop / health club/clubhouse/ lounge / snack bar / dining / meeting room areas and 50% of normal requirements for exterior recreation uses not accessory to the golf course use including: swimming pools and tennis courts. No additional parking spaces shall be required for the golf course. Golf cart, golf bag, and equipment storage rooms; maintenance buildings; and rooms for mechanical equipment shall be computed at one (1) space per 1,000 square feet. 2) Recreation (non—golf course)/Administrative Areas: One (1) space per tennis court; one (1) space per 150 square feet of water area for the first 1,000 square feet, and one (1) space per additional 250 square feet of water area for swimming pools, spas and hot tubs. One (1) space per additional 250 square feet of gross floor area for other (enclosed) recreational/administrative facilities. 3) Convenience Commercial Areas: One (1) space for each 250 square feet of gross floor area for all uses set forth in Subsection 5.2.B.3. of this Document. 4) Loading Areas: As required by the LDC in effect at the time of final site development plan approval. Landscaping: The landscaping requirements shall conform to the County LDC in effect at the time of final site development plan/construction plan approval. 5-3 N:`,2001\01-0091.00 Silver Lakes\0001 Insubstantial PUD Amendment#3735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean.doc 5.4 HURRICANE SHELTERS: The clubhouse called the Silver Lakes Clubhouse was constructed to specifications in place at the time of building permit application. However, since that time period it has been determined that hurricane shelters shall not be provided within the Coastal High Hazard Area. Therefore, the Clubhouse shall not be deemed a hurricane shelter. 5-4 N:`2001`01-0091.00 Silver Lakes\0001 Insubstantial PUD Amendment#3 7 3 51200 3-Amendment\Silver Lakes PUD 3-22-05 Clean.doc SECTION VI CONSERVATION AREA 6.1 PURPOSE: The purpose of this Section is to set forth the development plan for the areas designated as Tract CO, Conservation Area on Exhibit "N'. The primary function and purpose of this Tract will be to preserve and protect native flora and fauna in its natural state. 6.2 USES PERMITTED: No structure or part thereof,shall be erected,altered or used,or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Open spaces/nature preserves. 2) Boardwalks or pervious paths constructed for the enjoyment of the conservation area by the residents of the project. 6-1 N:'2001\0I-0091.00 Silver Lakes\0001 Insubstantial PUD Amendment#3735\2003-Amendment'.Silver Lakes PUD 3-22-05 Clean.doc SECTION VII BUFFER AREA 7.1 PURPOSE: The purpose of this Section is to set forth the development plan for the areas designated as Tract B, Buffer Area on Exhibit "A". Tract"B",Buffer Area, is subject to an easement intended to protect residential land uses from more intensive residential land use,possible impacts from adjacent roadways and/or nonresidential land uses. Although no structures other than those set forth in this Section may be located within buffer easements, buffer easements shall be included in yard requirements set forth elsewhere in this Document. 7.2 USES PERMITTED: A. Principal Uses: 1) Landscaped buffer in accordance with the LDC in effect at the time of final site development plan approval. Existing native plant types may be substituted for those plant types set forth in the LDC subject to Planning Services Staff administrative approval. 2) Berms a. Grassed berms: 4:1 maximum slope. b. Berms planted with ground cover and landscaping: 3:1 maximum slope. 3) Fences/ walls: In accordance with the LDC in effect at the time of SDP approval. 4) Signage. B. Accessory Uses: 1) Utility and drainage facilities. 7-1 M:\2001`01-0091.00 Silver Lakes\0001 Insubstantial PUD Amendment#3735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean.doc 7.3 DEVELOPMENT REGULATIONS: A. A twenty (20) foot wide right-of-way has been provided and maintained adjacent and parallel to the Collier Boulevard (S. R. 951) rights-of-way. Furthermore, adjacent and to the east of the clear area, a twenty-five (25) foot buffer shall be provided and maintained to effectively screen this project from the roadway. The property owners' organization shall be responsible for the responsibility of maintaining said clear area and buffer. B. For those areas identified on Exhibit"A" as Tract B, other than those addressed in "Paragraph A" above, shall be maintained with a minimum fifteen (15) foot wide buffer strip. 7-2 N:\2001\01-0091.00 Silver Cakes\0001 insubstantial PUD Amendment#3735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean doe SECTION VIII •DEVELOPMENT COMMITMENTS 8.1 PURPOSE: The purpose of this Section is to set forth the development commitments for the development of the project. 8.2 GENERAL: All facilities shall be constructed in strict accordance with the fmal SDPs, final plats and all applicable State and local laws, codes and regulations in effect at the time of submission of the petition for final plat or SDP, as the case may be. The developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, his successor or assignee, shall develop the project in accordance with Exhibit "A", MPUD Master Plan, and the regulations of the MPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer, his successor or assigns, in title, are bound by the commitments within this Document. 8.3 MPUD MASTER PLAN: A. Exhibit "A",MPUD Master Plan illustrates the proposed development. Minor site alterations may only be administratively handled pursuant to Subsections 10.02.03 and 10.02.05 of the LDC. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 8.4 SCHEDULE OF DEVELOPMENT: A. A development plan shall be submitted, where required, for each phase of development identified in this Section. SDP procedures for this MPUD are set forth in Section 2.5 of this Document. 8-1 N:\2001N01-0091.00 Silva Lakes\000t Insubstantial PUD Amendment#3735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean.doc The Silver Lakes MPUD is planned to be developed in two phases. The development of Phase I may include the construction of 178 park/TTRV lots and 81 recreation residence lots along with their related infrastructure. The lakes and recreation facilities may also be developed in Phase I. The plan of development for Phase II will be to construct the remaining lots and related infrastructure, as well as the remaining recreational facilities. The developer reserves the right to develop portions of the described phases, or both phases simultaneously, as market demands change. Commencement of construction of Phase II will occur no later than three(3)years after Phase I is completed. 8.5 TRANSPORTATION AND ENGINEERING: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County LDC B. A 20 foot wide strip of land along the entire west property line was dedicated for the widening of Collier Boulevard(S.R. 951). C. A FDOT right-of-way permit shall be provided before construction plans approval. All work within Collier County rights-of-way or public easements shall require a right-of-way permit. D. A letter of no-objection from Florida Power and Light allowing encroachment into the Florida Power and Light easement shall be provided before construction plans approval. E. The developer provided a southbound left turn lane on Collier Boulevard (S.R. 951) at the project entrance. The length is sufficient to accommodate two of the largest vehicle combinations expected to use it. F. The developer provided a turning radius of not less than 50 feet to serve northbound turning movements. G. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first CO. H. The existing approval of the entrance location shall not imply that a median opening will be permitted upon the four laning of Collier Boulevard (S.R. 951). 8-2 N:\2001\0 1-009 1.00 Silver Lakes\0001 Insubstantial PUD Amendment#3735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean.doc I. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements.shall be in place and available to the public prior to the issuance of the first CO. J. Road impact fees shall be paid in accordance with Collier County Ordinance 01- 13, as amended, and Subsection 10.02.07 of the LDC, as it may be amended. K. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended,and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this MPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation,and roadway capacity. L. Nothing in any development order shall vest a right of access in excess of a right- in/right-out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer,its successor in title, or assignee. M. All internal roads, driveways, alleys, pathways, and sidewalks shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. N. If any required turn lane improvement requires the use of existing County rights- of-way or easements, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. O. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. 8.6 UTILITIES A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance Number 04-31, and other applicable County rules and regulations. 8-3 N:12001\01-0091.00 Silver Lakes'0001 Insubstantial PUD Amendment#373512003-Amendment\Silver Lakes PUD 3-22-05 Clean.doc B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and / or sewer service to the project, the water and / or sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and / or sewer facilities are available to serve the project. C. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and / or receive and treat the sewage generated by this project. Should the County system not be in a position to supply the potable water to the project and / or receive the project's wastewater at the time development commences, the developer, at his expense will install and operate interim water supply and on-site treatment facilities and / or interim on- site sewage treatment and disposal facilities adequate to meet all requirements of all the appropriate regulatory agencies. If an existing private utility will be utilized to provide service to the project, such service shall be regarded as interim, with the project connecting to County owned facilities when they become available. An agreement shall be entered into between the County, the interim utility provider and the developer,binding on the interim provider and the developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement shall be determined to be legally sufficient by the County prior to the approval of construction documents for the project, and shall be in conformance with the requirements of Collier County Ordinance No. 04-31. D. The existing off-site water facilities of the District shall be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. E. The on-site water distribution system to serve the project shall be connected to the District's 10-inch water main on the east side of SR-951 (Isle of Capri Road) and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: 1) Dead-end mains shall be eliminated by looping the internal pipeline network on cul-de-sacs, unless otherwise approved by the Collier County Utilities Division. 2) Stubs for future system interconnection with adjacent properties shall be provided to the east, south and the west property lines of the project, at locations to be mutually agreed to by the County and the developer during the design phase of the project. 8-4 N:\2001%01-0091.00 Silver lakes10001 Insubstantial PUD Amendment#3735\2003-Amendment1Silver Lakes PUD 3-22-05 Clean.doc t F. The utility construction documents for the project's sewerage system shall be prepared to contain the design and construction of the on—site force main which will ultimately connect the project to the future central sewerage facilities of the District in the SR 951 right-of-way. The force main shall be extended from the main on-site pump station to the east right-of-way. The force main shall be extended from the main on-site pump station to the east right-of-way line of Collier Boulevard (S.R.951) and capped and valved for future disconnection from the proposed interim utility system to serve the project. The configuration will permit the simple redirection of the project's sewerage when connection to the County's central sewer facilities becomes available. G. OTHER UTILITIES Telephone,power, and TV cable service shall be made available to all park/TTRV and residential areas. All such utility lines shall be installed underground. 8.7 WATER MANAGEMENT: A. Detailed paving, grading and site drainage plans shall be submitted to Engineering and Environmental Review Services 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 Engineering Department of the Community Development and Environmental Services Division. • B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC. C. An excavation permit will be required for the proposed lakes in accordance with Section 22 of the Collier County Code of Laws and Ordinances (COde) and SFWMD Rules. D. Fill material from the lake is planned to be utilized within the project. However, excess fill material, up to 10% of the total or a maximum of 20,000 cubic yards, may be removed and utilized off-site subject to the requirements of the Code. Removal of material in excess of 10% of the total, or a maximum of 20,000 cubic yards shall meet the requirements of a commercial excavation pursuant to Section 22 of the Code. E. A copy of SFWMD Permit or early work permit is required prior to construction plan approval. 8-5 N:\2001\01-0091.00 Silver Lakes\0001 Insubstantial PUD Amendment 0,3735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean.doc n F. A Florida Department of Transportation permit approval to outfall into the Collier Boulevard (S.R. 951) right-of-way shall be submitted before construction plan approval. If the Department of Transportation requirements for water management significantly alter the master plan submitted for approval, the developer shall consult with the Planning Services Department which shall coordinate the Engineering Department of the Community Development and Environmental Services Division to affirm that the project design is consistent with the approved master plan. G. The off-site drainage shall be routed through the project in an interceptor swale that discharges to the Collier Boulevard (S.R. 951) canal or to an existing ditch located on the easterly, adjacent property at the property boundaries. The off-site drainage shall not be incorporated in the on-site water management system. H. At the time of construction plan review, the developer shall provide an analysis of the capacity of the proposed off-site runoff interceptor swale. I. The proposed off-site runoff interceptor swale shall be platted and dedicated as a drainage easement. J. All proposed easements for Collier County storm water facilities shall be maintained free of landscaping, berms, or any other kind of obstacles that would n impede adequate access to maintenance crews and equipment. 8.8 ENVIRONMENTAL: A. This MPUD shall be consistent with the Environmental Sections of the GMP, Conservation and Coastal Management Element and the LDC in effect at the time of final development order approval. B. This MPUD shall comply with the guidelines and recommendations of the USFWS and FFWCC for impacts to protected species. A Habitat Management Plan for those protected species shall be submitted to Environmental Services Department Staff for review and approval prior to final SDP/ construction plan approval. C. Except where provided for elsewhere in this Document, all new principal structures erected or placed pursuant to permits applied for after the effective date of this MPUD shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10-foot setback. 8-6 N:\2001\01-0091.00 Silver Lakes\0001 Insubstantial PUD Amendment a;3735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean.doc D. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas by the developer and . subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. E. A preserve area management plan shall be provided to Environmental Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. F. All required approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final SDP/construction plan approval. G. Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as preserve areas. All preserve areas shall be identified as separate tracts and shall be protected by a permanent conservation easement to prohibit further development. H. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Department Staff by the developer for review and approval prior to final SDP/construction plan approval. A schedule for removal of exotics within all preservation areas shall be submitted by the developer with the above-mentioned plan. 8.9 PLANNING COMMITMENTS: A. Improvements within Unit 30B, as described in the Deltona Settlement Agreement, on the site shall meet the requirements of the Deltona Settlement Agreement at the time of permit submission. B. Although construction plans / plat(s) may be approved, the Silver Lakes development may not proceed with infrastructure improvements prior to May 1, 1992. SDP approval and the resulting construction of a "Sales Center" and associated "Dry Models" are exempt from this provision. C. If during the course of site, clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, the applicable provisions of the Collier County LDC shall be followed. • 8-7 V:12001'O1-0091.00 Silver Lakes\000I Insubstantial PUD Amendment#373512003-Amendment\Silver Lakes PUD 3-22-05 Clean.doc D. The following tracts and parcels will be conveyed to the Silver Lakes Property Owners Association, Inc., by the delivery of executed deed(s), within sixty(60) calendar days after the adoption of this PUD.: 1. Tract CR2 of Silver Lakes, Phase Two-B according to the plat thereof recorded in Plat Book 25,pages 69 and 70 of the Public Records of Collier County,Florida; 2. Except for the Southwest 300± foot, fenced parcel, lying south of the FP&L Easement, Tract CR5 of Silver Lakes, Phase Two-C according to the plat thereof recorded in Plat Book 27, Pages 74 and 75 of the Public Records of Collier County,Florida. Said excepted parcel may be used for a temporary construction staging area, including storage of construction equipment and materials, for a period not to exceed three (3) years from March 8, 2005. On, or before March 8, 2008, all construction equipment and materials shall be removed from said excepted parcel, and that parcel deeded to the Silver Lakes Property Owners Association, Inc.; 3. Tract B2 of Silver Lakes, Phase Two-E according to the plat thereof recorded in Plat Book 31, pages 45 through 47 of the Public Records of Collier County,Florida.; 4. Tract CO2 of Silver Lakes, Phase Two-F according to the plat thereof recorded in Plat Book 33,pages 37 and 38 of the Public Records of Collier County,Florida.; 5. Tract CR6 of Silver Lakes, Phase Two-F according to the plat thereof recorded in Plat Book 33,pages 37 and 38 of the Public Records of Collier County, Florida.; 6. Tract CR10 of Silver Lakes, Phase Two-F according to the plat thereof recorded in Flat Book 33,pages 37 and 38 of the Public Records of Collier County,Florida.; 7. Tract CR11 of Silver Lakes,Phase Two-F according to the plat thereof recorded in Plat Book 33,pages 37 and 38 of the Public Records of Collier County,Florida. E. The real property described in that certain Conservation Easement recorded in Official Records Book 3242 , Pages 0981 through 0987 of the Public Records of Collier County, Florida shall be conveyed to the Silver Lakes Property Owners Association,Inc.by the delivery of executed deed(s), on or before March 8,2009. 8-8 N.\2001\01-0091.00 Silver Lakes\0001 Insubstantial PUD Amendment#3735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean.doc 8.10 SIGNS: All signage shall be in accordance Section 5.06.00 of the LDC, with the following exceptions; A. Two (2) project identification signs may be affixed to a proposed wall adjacent and along the Collier Blvd. (S.R. 951) frontage, and may protrude above said wall to the extent of not more than three(3) feet, subject to the following requirements: 1) Such signs shall contain only the name of the development,the insignia or motto of the development and shall not contain promotional or sales material; 2) Any project identification sign(s)shall not exceed sixty(60)square feet. B. One (1) ground or wall sign may be located along the Collier Boulevard (S.R. 951) frontage for the purpose of promoting the development. Such a promotional sign shall not exceed thirty(30) square feet. 8.11 LANDSCAPING FOR OFF-STREET PARKING AREAS: All landscaping for off-street parking areas shall be in accordance with the Collier County LDC in effect at the time of final site development plan approval. 8.12 POLLING PLACES: Pursuant to the LDC,provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. • An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County,which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, homeowners' associations, or tenants' associations. This agreement shall provide for said community recreation / public building / public room or similar common facility to be used for a polling place, if determined to be necessary by the Supervisor of Elections. 8-9 N:\2001101-0091.00 Silver Lakes\0001 Insubstantial PUD Amendment#373512003-Amendment'Silver Lakes PUD 3-22-05 Clean.doc liartdin - -- STATE ROAD 951 (200' ROW) - t I • 111111n11 - - Y_--C -- h'- - -- r� '' t----- ---1� ®�-r II II ". 1 r nil �.��p��it I I## .,1 .11.......mirEmmairwei I 191111.1111101Min -I Ai 1 Fr- I. i• rai 1�� i '4 so ca assess, m bpppppppapa es we) o coo le es 0 Q ' �ego ® ��y•y y•y 1 I -1 a ay p p @ A MOM � t3t siYy > J �e 11 fI aoa %p a r H Y y y •a 'eb�� yi 1 /! 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I -- I I ppp®oaf A t` : I I .T T I I�(( TRACT ',►}t' 1 a ®®�9 II i 0 1 ��- iLll _- J�� ® p p ® ®® i i r---.®a9 pp®p0 i 7 -- TRACT-AR" p®A do.®p am saes s t L-TRACT ,B„ a �pp al 1 10U0 111.11111 MAN ND= TIP L LIMN `"°"�" `"'�""°'°" OM MALL , wn w s au 343.1 w CORM nr rrrm TM MUM.1•••eer rrw 11173311 e MOM n Mgt IN a.MP r rr EXHIBIT "A" I. s° I AT M�.nil Ian 3•1336INIMI I.� " s w r wa�61 w r s A NT ui�a 1w MI.��r 1s1111111inv*a. ILINILAVr.aILLINIL Boara us MAIL lar s rfJrtlra w to rr-WOW .r.e•M�e.IN Y.taMV•r...raw M.��M1.111 ..rw••+Me✓•41 •.••.Y[..... NM ii rfP I lit 200, 0/10 Of y �� CONOE5TOCVLGYMEkf ROAM pwA°c. --°r- 1171" L.C. 51LVEP I-AKt5 a0011AD r-ra MILL MAW MIS C:IVTS.Ef1GINESNI DIMOOPRINd k COW, A! Z%. • V 1 JUL.Environment'ComuhMt —r-- MPLV MA51VR PLAN ne•ome-••eftion••kor••- mom=meows= r glut A•rrs r ease=NM MOM."wsa STATE OF FLORIDA) • COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2005-14 Which was adopted by the Board of County Commissioners on the 22nd day of March 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of March, 2005 . DWIGHT E. BROCK*;0,IE 78 .d Clerk of Court Ohnd'Cie 4 . Ex-officio tozioet „f County Commissi•;iii=xs J ?. ?• /11i0FV,1014, ' 44244) .vwnpf4f By: Linda A. HouEr , Deputy Clerk .,e`' z g n, Q •F 3 `y q ,g 1 .. m 3 ci P. w V.;°:? ll 1 S a 5 A, 0 4 ' 0 •`b ca fi• gg $7 ]Pt e ° § z kb N �� a��m a ,, • • :. x . • ,, hS...., °:- . 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Nib .i d e > 0!ii,` Rei t.gat E4 €8 h �"l I I„ lag 42, hpa.• 0 f8 E ff 5 E g $ H it g§nil pi 4 < g 8,•4` • U $,$ 4 Ei W a gag ^ 4, b` 4 E< am4 'q ' 4, F°= � ��. e< 3� �� `ebb.b `"'^�e�.`� Ir ` � b3E".`�-. •� eg 1 i7 g�� ' � � � n � ak w !0, bg g l•" u 'r e a d igg 3 s �Z it yp lit ,1 � Z "' r< s R,< 4 a �A ,^4 `°�P Im � 8 �N� �W S �l� WO i�ry� ° N Q m w al ho!o gIQVAN a 15 s Ise $ t :< <t ° z i�., � b e'xg:R g,<4' v w �8 m °E.',2 <q ,,A„,,„„,,„APO zn,°� �� 2_331��n m� 0� �� W g<�. �� p�a� �� bye ��< � � ��a.. �4� 3`m`�`Y< F211410 3b.-B, a : •w aW a ^2 Lk4 �`Ea t : �t 1 W i �yb�` g 4 �$ F � ol�� ; ub �� g ��< �Na� �gW�N �� oK�� v�N x$ffio8' a G� gar` �y ; enoVi 33 g €� i g E g=s � 8a m$� 11 b ` �a a gam a 1`, b g psr;$� lag; bb„ iE N iE ;"Z: r E ,3«. ap` L-,h g.tX;34b`Eis <q b� °bgm $a a g ba .,e! PP�8 , 10.18 x W gri f'<u E m, 4 3b 3a ggc ¢y`z a m .'0 ,<S� < .`C .._� It P. i5"4a a "“° ': gb� $ . gt a�W , , it g m 3g ,_ a , s m N a� Ida. w.•�Fa< del 7 2.N I:ii'? `Rgrl`3 g<ti i`iit WOO lEgthadahn;'a4 ithi gia4 kmi 3 1- y =¢yg`' '8 a 4 . • � N ` E ?. �Sb�� Yb'm-d.dmxSg 8i �ac� E, n .s ., .; ,s K. R.: M E ; n m R; , n ti : a m . ,ati:NO .• m,__ y • Attachment C rfriv CenturyLink- 3530 Kraft Rd.Unit 100 Naples,FL 34105 September 4, 2015 Carlo F. Zampogna Zampogna Law Firm 1112 Goodlette Road North, Suite 204 Naples, Florida 34102 RE: No 1063 Diamond Lake Circle (Lot 12,B;ock 2) Silver Lakes Ph. 2, Collier County. Dear Mr. Zampogna: This letter will serve to inform you that CenturyLink has no objection to the Variance in the front of the property located at 1063 Diamond Lake Circle, for a structure that lies 7.1 feet in the Utility Easement and has no objection to this structure. Should you require additional information or assistance,please feel free to contact me at(239)263-6210. Si •ly, / i� 04/ e/40•it Glady. H ; es Ne •rk Engineer II -E&C GXH:ns cc: Easement File Attachment D August 28,2015 Carlo F. Zampogna Zampogna Law Firm 1112 Goodlette Road North, Suite 204 Naples, Florida 34102 Re: 1063 Diamond Lake Circle(Lot 12,Block 2)Silver Lakes Ph. 2, Collier County Dear Mr. Zampogna, This letter will serve to inform you that Comcast has no objection to the Variance in the front of the property located at 1063 Diamond Lake Circle, for a structure that lies 7.1 feet in the Utility Easement and has no objection to this structure. Should you require additional information or assistance,please feel free to contact me at (239) 707-3998 Sincerely, A/4g Mark Cook Project Coordinator August 28,2015 Carlo F. Zampogna Zampogna Law Firm 1112 Goodlette Road North, Suite 204 Naples,Florida 34102 Re: 1063 Diamond Lake Circle (Lot 12,Block 2) Silver Lakes Ph.2,Collier County Dear Mr. Zampogna, This letter will serve to inform you that Florida Power&Light Company has no objection to the Variance in the front of the property located at 1063 Diamond Lake Circle, for a structure that Iies 7.1 feet in the Utility Easement and has no objection to this structure. Should you require additional information or assistance,please feel free to contact me at (239) 353—6070. Sincerely, Philip Davis Associate Engineer-DSBN Florida Power&Light Co. • qui KIsinski Engineering, Inn. Consulting Structural Engineers PE#52288 TEL: 239-872-2179 135 Gulfview Avenue COA#29576 E-mail:jckosinski @cs.com Fort Myers Beach,FL 33931 RESIDENTIAL COMMERCIAL INSTITUTIONAL INDUSTRIAL February 17, 2012 Bob Ralston 812-336-5913 bob @robertralston.com Affidavit 1063 Diamond Lake Circle We have reviewed the information provided and visited the site and have determined that it would be structurally impossible to remove approximately 3 feet from the front of this unit without endangering the integrity of the residence. This report is based on visual observations. This inspection is intended for and limited only to the above referenced items. Conditions not observed or visible may be present that affect the integrity of the system. If you should have any questions,please call. Digitally signed Sincerely, by Joseph C J.C. Kosinski Engineering Inc. Kosinki '"'""'�� DN: cn=Joseph Oy��CERO\�', Joseph C. Kosinski, PE _ / .. m \ C Kosinki, O, ou, Structural Engineer, FL PE# 52288 ,r*a email=jckosinsk i @cs.com, c=US Marianne Shaw m.burtshaw(a�vahoo.com Date: 2014.12.17 Mike Richwalder 711 5th Ave Suite 200 10:53:02 -05'00' Naples 239-261-0592 mike(c�zampogna-Iaw.com Attachment E //1-0 • COLLIER COUNTY • • BOARD OF COUNTY COMMISSIONERS . PERMIT • PERMIT #: 1999091795 PERMIT TYPE: BR2A VALID #: 795 ISSUED: 10-07-99 BY: TERILLA J APPLIED DATE: 09-27-99 APPROVAL DATE: 10-05-99 MASTER #: COA #: JOB ADDRESS: 1063 DIAMOND LAKE CIR JOB DESCRIPTION: ADD. RAISED DECK, FAM.RM. ,BATH & CARPORT JOB PHONE: (941)775-6696 SUBDIVISION #: 1642 - Silver Lakes Phase Two A BLOCK: 2 LOT: 12 FLOOD MAP: 0615 ZONE: AE-7 ELEVATION: FOLIO #: 0000073625007347 SECTION-TOWNSHIP-RANGE 10 51 261{`'' CONTRACTOR INFORMATION: OWNER INFORMATION:. ,{�y SPENCER TR, GENEVA B DIG-M INSTALLERS, INC. 1'�' ITF GENEVA B SPENSER REV TR 209 LARKSPUR LANE UTD 12/11/92 BLOOMINGTON, IN 474089627 MIDDLE RIVER,MD 21220-2061 CERTIFICATE #: 18726 PHONE: (800)662-3446 FCC CODE: 434 - R/ADDITION, ALTERATION • CONSTRUCTION CODE: 10 /OTHER JOB VALUE: 45,000.00 TOTAL SQFT: 624 . r—JACKS FRONT: 10.00 REAR: 8.00 LEFT: 5.00 RIGHT: 5.00 _R: SEPTIC WATER: WELL NTACT NAME: MARIE • CONTACT PHONE: (941)775-6696 Per Collier County Ordinance No.2002-01,as it may be amended,all work must comply with all applicable laws,codes,ordinances,and any additional stipulations or conditions of this permit.This permit expires if work authorized by the permit is not commenced within six(6)months from the date of issuance of the permit.Additional fees for failing to obtain permits prior to the commencement of construction may be imposed.Permittee(s)further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE:PRIOR TO'THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE,FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE(EITHER THE OWNER OR CONTRACTOR)TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION(DEP).FOR MORE INFORMATION,CONTACT DEP AT(239)332-6975. . In addition to the conditions of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county,and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. Attachment F Building Review and Permitting Page 1 of 4 Permit Tracking and Inspection COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT HISTORY REPORT PE ' IT NBR: 4 JOB DESC: ADD. RAISED DECK, STATUS: JOB LOCATION: 1063 DIAMOND LAKE CIR FOLIO NUMBER: 0000073625007347 SUBDIVISION: 1642/Silver Lakes Phase Two A BLOCK: 2 LOT: 12 MASTER NBR: TRS: TAZ: 162 COA: FLOOD ZONE: AE-7 OWNER NAME: SPENCER TR, GENEVA B JOB PHONE: (941)775-6696 CERT NBR: 18726 DBA: DIG-M INSTALLERS, INC. JOB VALUE: $45,000.00 CONTACT NAME: MARIE CONTACT PHONE: (941)775-6696 SETBACKS: FRONT: 10.00 REAR: 8.00 LEFT: 5.00 RIGHT: 5.00 SPECIAL: UNIT: TRACT: NONE Important Dates: APPLY APPROVE ISSUED CO EXPIRE CANCEL EXT- EXPIRE 09/27/1999 10/05/1999 10/07/1999 04/04/2000 01/14/2009 SubContractors: CERT SUB START END DATE STATUS SUB DBA NBR STATUS DATE CLASS 10610 ACTIVE 10/02/1999 CANCEL EL PREFERRED ELECTRIC SERVICE,INC 16396 ACTIVE 10/02/1999 CANCEL PB PREFERRED ELECTRIC SERVICE,INC 18726 ACTIVE 10/02/1999 CANCEL RF PREFERRED ELECTRIC SERVICE,INC 13766 ACTIVE 10/05/1999 CANCEL ME PREFERRED ELECTRIC SERVICE,INC SubPermits: (PERMIT II Ir http://apps.colliergov.net/c _ .., �� .,;;ris.cfm?PermitNbr=199... 9/23/2015 Building Review and Permitting Page 2 of 4 11NBR IISTATUSIITYPE IICERT_NBRIIDBA IIJOB DESC I) FEE SCHEDULE: FEE STATUS DESCRIPTION WAIVE AMOUNT ENTER CODE DUE DATE 08BAPM POSTED BLDG. PERMIT ADDIT. APP. FEE N $36.00 09/27/1999 08BCAI POSTED BLDG.CODE CERT. SURCHARGE N $3.12 10/05/1999 08BPNP POSTED BLDG PERMITS -NAPLES N $426.00 10/05/1999 08MFSG POSTED MICROFILM SURCHARGE N $3.00 10/05/1999 08RDGS POSTED BLDG. PERMIT SURCHARGE N $3.12 10/05/1999 08BACR POSTED BLDG. PERMIT APP. FEE CREDIT N ($36.00) 08BREV POSTED PERMIT REVISION N $72.00 10/20/1999 06REIN1 POSTED REINSPECTION 1 N $25.00 06REIN1 POSTED REINSPECTION 1 N $25.00 Inspection History: REQ CLASS DESCRIPTION/REMARKS PRI DATE CODE DATE INSPECTOR FINAL ELECTRICAL REV. 10/20/99 ADD SHED, DELETE CARPORT AND 502 EL MAKE INTO 0 RAISED FAMILY RM, ADD CLOSETS, ADD MORE ELECTRICAL OUTLETS FINAL 099 ST ELECTRICAL 0 11/02/1999 90 11/02/1999 NARGI_P BK 2597 PG 1517 FINAL ELECTRICAL 107 ST COMPLETED 0 11/02/1999 90 11/03/1999 HARRISON_G BEFORE INSP. NEED ENG. LETTER 107 JjRICAL 0 11/03/1999 75 11/03/1999 RADFORD_M FINAL ELECTRICAL 108 ST COMPLETED 0 11/02/1999 90 11/03/1999 HARRISON_G BEFORE INSP. NEED ENG. LETTER http://apps.colliergov.net/commdev/permits/tracking insp/AllDetails.cfm?PermitNbr=199... 9/23/2015 Building Review and Permitting Page 3 of 4 108 E ECTRICAL 0 11/03/1999 75 11/03/1999 RADFORDM 109 ST E ECTRICAL 0 11/09/1999 90 11/09/1999 LUEDTKE K FINAL 111 ELECTRICAL 0 11/02/1999 91 11/02/1999 HARRISON G COMPLETED AT TIME OF INSP. FINAL 113 ELECTRICAL 0 11/02/1999 80 11/02/1999 HARRISONG NEEDS TO BE — TAKEN TO OFFICE FINAL ELECTRICAL REV. 10/20/99 ADD SHED, DELETE CARPORT AND MAKE INTO 115 ST RAISED FAMILY 0 12/03/1999 81 12/03/1999 HARRISON_G RM, ADD CLOSETS, ADD MORE ELECTRICAL OUTLETS ADDRESS NO AND DOOR BUMPERS FINAL 115 ELECTRICAL 0 12/03/1999 90 12/03/1999 HARRISON G A.M. FAIL, P.M. — PASS 120 ST E ECTRICAL 0 11/02/1999 90 11/02/1999 HARRISON_G FINAL 122 SS ELECTRICAL 0 FINAL 127 ELECTRICAL 0 134 RF EEC RICAL 0 1 1/09/1999 90 11/09/1999 HARRISONG 200 PB EEC RICAL 0 11/02/1999 81 11/02/1999 NARGI_P 300 ME EEC RICAL 0 11/02/1999 90 11/02/1999 NARGI_P 301 ME E ECRICAL 0 12/03/1999 90 12/03/1999 NOONAN_D FINAL 501 ELECTRICAL 0 11/02/1999 91 11/02/1999 LUEDTKE_K 11/2/99 CK FUSING http://apps.colliergov.net/commdev/permits/tracking_insp/AllDetails.cfm?PermitNbr=199... 9/23/2015 Building Review and Permitting Page 4 of 4 AT 502/DMD httn://anns.colliergov.net/commdev/permits/tracking inst,/AllDetails.cfm?PermitNbr=199... 9/23/2015 /47,7 r Vl N z NJ N A O MI Z m --,N o N _ N V(i ui p o m co n rt I a T m Q N m m m d m r 0 .. n n m n A- =x n n• N I e I lk. • ii „i:2. j _ • p (O CI- . C ET r L., fn 7 N a ., 0 hi I �m m a o -9 m S t. o ® m x 7iT 3 A A N KIN al VII * "NI It e I o d m n 0 r O I 5 41 • @ ► v D► o ri• C{ LIP4ii 8. g. rY .11! tili rn iii_ n x m N N V S rr a o m „oil ro C• � /) IPPI 4 C-) 4 \ A < MI D r m /3 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT - PERMIT#: PRBD2014123348701 PERMIT TYPE: AL ISSUED: BY: APPLIED DATE: 12-02-14 APPROVAL DATE: 12-09-14 MASTER#: COA: JOB ADDRESS: 1063 Diamond Lake CIR JOB DESCRIPTION: 10x 24 screen room on raised wood deck 240 square on JOB PHONE: existing 1063 DIAMOND LAKE CIR SUBDIVISION#: BLOCK: LOT: FLOOD MAP: ZONE: ELEVATION: FOLIO#: 73625007347 SECTION-TOWNSHIP-RANGE: 10-51-26 OWNER INFORMATION: CONTRACTOR INFORMATION: SPENCER TR,GENEVA B GENEVA B SPENSER STEVEN J RHODES INC REV TR UST UTD 12/11/92 P.O.BOX 512150 1128 LINDEN DR BLOOMINGTON ,IN 47408- PUNTA GORDA,FL 33951-- CERTIFICATE#:,C16107 PHONE: FCC CODE: --CONSTRUCTION CODE: 0207 ,OB VALUE: $2,400.00 TOTAL RES SOFT: 240.00 TOTAL COMM SOFT: 0.00 SETBACKS FRONT: REAR: 8 DE/LME LEFT: 5 RIGHT: 5 SEWER: WATER: CONTACT NAME: CONTACT PHONE: Per Collier County Ordinance No.2002-01,as it may be amended,all work must comply with all applicable laws,codes,ordinances,and any additional stipulations or conditions of this permit.This permit expires if work authorized by the permit is not commenced within six(6)months from the date of issuance of the permit.Additional fees for failing to obtain permits prior to the commencement of construction may be imposed.Permittee(s)further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE,FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE(EITHER THE OWNER OR CONTRACTOR)TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION(DEP).FOR MORE INFORMATION,CONTACT DEP AT(239)344-5600. In addition to the conditions of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county,and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR "T mm�rwTT�T rTT!\TT T1T"TTTl"' YOUR NOTICE OF Attachment G COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF OCCUPANCY This Certificate is issued pursuant to the requirements of the Florida Building Code Section 110.1, use and occupancy, certifying that at the time of issuance this structure was in compliance with the various ordinances of the county regulating building construction for use for the following: PERMIT NBR: PRBD2014123348701 STATUS: Finaled CO TYPE: Occupancy ISSUED DATE: February 06, 2015 ADDRESS: 1063 Diamond Lake CIR SUBDIVISION: LEGAL DESCRIPTION: SILVER LAKES PHASE SECTION-TOWNSHIP-RANGE: 10.00- 51.00 - TWO A BLK 2 LOT 12 26.00 UTILITY COMPANY: NUMBER OF METERS: JOB DESC: 10x 24 screen room on raised wood deck 240 square on existing 1063 DIAMOND LAKE CIR Name of the Building Official: JONATHAN WALSH Edition of the Code under which the permit was issued: FBC 2010 Use and occupancy, in accordance with the provisions of Chapter 3 of the FBC: Type of Construction: Design Occupant Load: Automatic sprinkler system is provided, whether the sprinkler system is required: Special stipulations and conditions of the building permit: OWNER: SPENCER TR, GENEVA B GENEVA B SPENSER REV TR UST UTD 12/11/92 Note: A new certificate is required if the use of the building or premises is changed, or if alterations are made to the building or property described. A new certificate voids any certificate or prior date. p ._:"_,..-------=-4,(7.,:,-.: ''' ,--, j .. ,t-A., .._ - (!-. ----- z =:_. _ _ _ , _ , A 4 Y ,o,-9- ""' i ..,- i_ F t - a a�..-- i _ °._ _ q.: . = -`'? - - - ---_ f' .a z r a _ _ mss' �f � fir= g--� � �, IEl'tit- I 4 y`+� 1 - - i1V 01 3 October 8, 2015 Collier County Growth Management Div. Planning and Regulation 2800 North Horseshoe Drive Naples, FL 34104 Att: Rachel Beasley, Planner Dear Ms. Beasley: We, Barrie and Earl Anderson, own to sites at the Silver Lakes Resort --1027 and 1031 Diamond Lake Circle. This letter is to express our opposition to the requested variance by Geneva B. Spencer, Trustee of the Geneva B. Spencer Revocable Trust to reduce the maximum front yard setback from 10 feet to 5.9 feet as detailed in your notification of October 2, 2015. If you need more information from us, please contact us by email at <ehowea @gmavt.net) or (239) 417-3536. Thank you. Sinc rely, //�� Barri- .nd Earl Anderson 1027 Diamond Lake Circle Naples, FL 34114 Attachment H NAPLES DAILY NEWS « Wednesday,October 28,2015 c 15A PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Friday, November 13th, 2015, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, Room 609/610, Naples Fl 34104,to consider: PETITION NO. VA-PL20140001970 — Geneva B. Spencer, Trustee of the Geneva B. Spencer Revocable Trust Agreement, requests a variance from Section 3.5 D of Ordinance No.05-14,the Silver Lakes Mixed Use Planned Unit Development(MPUD), to reduce the minimum front yard setback from 10 feet to 2.9 feet for an existing mobile home with a front yard balcony on property located at Lot 12, Block 2, Silver Lakes Phase Two-A subdivision, on the east side of Collier Blvd, approximately one mile south of the Collier Blvd. and U.S. 41 intersection, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. 5 ESTATES RTH 3 ARIESA ESTATE LANDS END 4 EAGLE P NTE , 2 PRESERVE CREEK DOCKSIDE WINDING -RESIDEN.>- CYPRESS (DRI) NAPLES ,i RORCOACH �- GS, RESORT RIVERBEND 8 9 0 11 PROJECT ASGM BUNNESS LOCATION CTR.OF NAPLES • -1r MARCO SHORES/ SILVER LAKES FIDDLER'S CREEL (DRI) COPPER PELICAN LAKE COVE � L_ Pi 17 16 15 14 8 MARCO SHORES/ FIDDLER'S CREEK (DRI) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101, Naples, Florida 34112-5356,(239)252- 13380, at least two days prior to the meeting. EXHIBIT Mark Strain, Chief Hearing Examiner Collier County, Florida 99 No.758992 _ _ __ October 28,2015 a - is fT iA'r'