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HEX Agenda 12/10/2015COLLIER COUNTY HEARING EXAMINER HEARINGS AGENDA DECEMBER 10, 2015 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, DECEMBER 10, 2015 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING & 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, PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA APPROVAL OF PRIOR MEETING MINUTES: October 22, 2015, November 13, 2015 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. ZVL (CUD)— PL20150002365 — Naples Beach Brewery, LLC, requests affirmation of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed principal use of microbrewery is comparable and compatible to a brewery which is a listed permitted principal use in the Industrial (I) zoning district under Section 2.03.04 A.l.a of the Land Development Code, and that the proposed accessory use of an enhanced indoor tasting room serving and selling produced alcoholic beverages by the glass is comparable and compatible in nature with the permitted accessory uses under Section 2.03.04 A. Lb of the Land Development Code for a property in the Industrial (I) zoning district located on the east side of Industrial Blvd., between Enterprise Ave. and Exchange Ave., in Section 36, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner] B. PETITION NO. PDI- PL20150000262 — Emmanuel Evangelical Lutheran Church of Naples, Inc. requests an insubstantial change to Ordinance No. 11 -23, the Emmanuel Evangelical Lutheran Church of Naples, Inc. CFPUD, as amended, to add temporary sports, religious, and community events, and temporary seasonal sales as permitted accessory uses, to allow the permitted athletic field as an interim accessory use prior to construction of a permitted principal use, to add development standards for the athletic field interim accessory use, to revise development standards for garden plots by removing the prohibition on on -site sales of produce and maximum number of automobiles, and to delete an environmental development commitment. The subject property consists of 21.72± acres located on the south side of Oil Well Road, approximately one quarter mile west of Everglades Blvd. in Section 19, Township 48 South, Range 28 East, Collier County, Florida. [Coordinator: Daniel Smith, AICP, Principal Planner] C. PETITION NO. SV- PL20150001856 – RaceTrac Petroleum, Inc. requests a variance from LDC Section 5.05.05.C.4.b, which limits a facility with fuel pumps canopy to one corporate logo with a maximum area of 12 square feet on the canopy face adjacent to a dedicated street, to instead allow three total corporate logos —one with a maximum area of 50 square feet on the canopy facade facing Davis Blvd., one with a maximum area of 30 square feet on the canopy facade facing Radio Road, and one with a maximum area of 30 square feet on the canopy facade facing southwest, which is not adjacent to a dedicated street; from LDC Section 5.05.05.C.4.c, which limits each facility with fuel pump site to one ground sign with a maximum area of 60 square feet located within a 200 square foot landscaped area, to instead allow two total ground signs on site —one 60 square foot gas price sign along the Davis Blvd. frontage, and one 60 square foot gas price sign along the Radio Road frontage; from LDC Section 5.06.04 F.4, which limits single occupancy parcels with double frontage on a public right -of -way to two total wall signs, each sign on a different facade, to instead allow four total wall signs —one on the northeast building facade facing Radio Road, and three on the southeast building facade facing Davis Blvd.; and from LDC Section 5.06.04 F.4.e, which limits non - illuminated, non - reflective signs located in a window to cover a maximum of 25% of the window area, to instead allow such a sign to cover a maximum of 46% of the window area, for the proposed RaceTrac facility with fuel pumps located on the northwest corner of the Radio Road and Davis Blvd. intersection, in Section 3, Township 50 South, Range 26 East, Collier County, Florida, consisting of 3.58± acres. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] D. PETITION NO. VA- PL20150001635 – Evansburg Properties, LLC requests a variance from Section 4.02.01 A., Table 2.1, of the Land Development Code to reduce the front yard principal structure setback line from 30 feet to 23 feet in order to replace and enlarge the existing stairway to the front entrance of the dwelling unit on property within the Residential Single - Family -3 (RSF -3) zoning district, located on Lot 11, Block R, Conners Vanderbilt Beach Estates Unit No. 3, also described as 332 Conner's Avenue, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Eric L. Johnson, AICP, CFM, Principal Planner] E. PETITION NO. CU- PL20140001610 – Grace Place for Children and Families, Inc. requests a new Conditional Use for a private school pursuant to Section 2.03.02.A. 1.c.3 of the Land Development Code in order to amend Resolution No. 10 -141, which established a conditional use for a private school within a Residential Single Family (RSF -3) zoning district, by increasing the maximum student capacity from 164 to 258 students, and amending the Conceptual Site Plan to increase the number and overall size of proposed buildings, and modify the size and location of parking areas, access driveways and water management areas for property located west of Collier Boulevard and north of Golden Gate Parkway in Section 22, Township 49 South, Range 26 East, Collier County, Florida, consisting of 4.01± acres. [Coordinator: Fred Reischl, AICP, Principal Planner] F. PETITION NO. BD- PL20150001141 – Gregory Gatlin requests an 18.3 foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 38.3 feet, to accommodate the expansion of an existing boat dock facility with one boat slip for the benefit of Lot 191, Isles of Capri Unit No. 2 subdivision, also described as 172 W. Pago Pago Drive, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: Eric L. Johnson, AICP, CFM, Principal Planner] OTHER BUSINESS 6. PUBLIC COMMENTS 7. ADJOURN TO: FROM: AGENDA ITEM 4 -A -4,0* !,Z;o er Gol my STAFF REPORT COLLIER COUNTY HEARING EXAMINER GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION — ZONING SERVICES SECTION HEARING: DECEMBER 10, 2015 SUBJECT: ZVL(CUD)- PL24150002365, NAPLES BEACH BREWERY PROPERTY OWNER/APPLICANT /AGENT: Owner: Naples Industrial Estates, LLC 1415 Panther Lane, Suite 250 Naples. FL 34109 Applicant: Naples Beach Brewery, LLC 4120 Enterprise Avenue, Suite 217 Naples, FL 34104 Agent: Robert J. Mulhere, FAICP Hole Montes, Inc. 950 Encore Way Naples, FL 34110 REQUESTED ACTION: The Applicant has specifically requested a determination from the Planning Manager and affirmation from the Collier County Hearing Examiner (HEX) that the use of a microbrewery with an enhanced indoor tasting room serving and selling alcoholic beverages produced within the facility by the glass is comparable and compatible with the listed permitted and accessory uses of the Industrial (I) zoning district. GEOGRAPHIC LOCATION: The subject site comprises ±3.9 acres, located on the east side of Industrial Boulevard, between Enterprise Avenue and Exchange Avenue. in Section 36, Township 49 South. Range 25 East of unincorporated Collier County. Florida. Folio No.: 00273960003. ZVL(CUD)- PL20150002365 Page 1 of 6 Naples Beach Brewery SURROUNDING LAND USE & ZONING: North: Enterprise Avenue ROW, across which is improved Industrial (I); South: Exchange Avenue ROW, across which is improved Industrial (1); East: improved Industrial (1); and West: Industrial Boulevard ROW, across which is improved Industrial (I). PURPOSE /DESCRIPTION OF PROJECT: The applicant presently operates a microbrewery at 4120 Enterprise Avenue, Suites 215- 217. comprising 4,500 square feet. As a malt beverage manufacturer Naples Beach Brewery presently brews and bottles beer and sells the beer either directly or through a distributor to restaurants, retailers, and other facilities that may sell beer either carry -out or for on- premise consumption. The applicant presently desires to serve and sell produced alcoholic beverages by the glass, within a 900 square foot area previously dedicated for retail sales and tasting, as an accessory component to the existing business; thus requiring a Consumption on Premise License from the Florida Department of Business and Professional Regulation (DBPR). Limited food service is also proposed. ZVL(CUD)- PL20150002365 Page 2 of 6 Naples Beach Brewery The applicant requested a Zoning Verification Letter (ZVL) from the Planning Manager. This hearing is to seek affirmation of that opinion by the HEX. ANALYSIS: LDC Section 10.02.06 J.Lb, Comparable Use Determinations, states: "The County Manager or Designee may issue a zoning verification letter to determine whether a use within a PUD is consistent and compatible with the surrounding uses within the PUD. To be effective, the zoning verification letter shall be approved by the BCC by resolution, at an advertised public hearing." This provision has also been applied to uses within straight zoning districts, such as the subject request. As per the Future Land Use Map (FLUM) an element of the Growth Management Plan (GMP) the subject property is designated Urban Industrial District. The Future Land Use Element (FLUE) of the GMP allows manufacturing, processing, wholesaling, distribution, as permitted uses and prohibits retail commercial uses except as accessory to Industrial or Business Park uses. The Land Development Code, Ordinance 04 -41, as amended, implements the goals, policies and objectives of the GMP and regulates the zoning and use of the subject property. As per the Official Zoning Map, an element of the LDC, the subject property has a zoning designation of Industrial (I). LDC Section 2.03.04 A., states, in part: The purpose and intent of the industrial district (I) is to provide lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service and commercial activities that are related to manufacturing, processing, storage and warehousing, wholesaling, and distribution activities... Allowable permitted uses within the I zoning district are contained within LDC Section 2.03.04 A.1.a.; listed use #18 states: Food and kindred products (2011- 2099, except slaughtering plants). Zoning staff has determined that as per the 1987 Standard Industrial Classification (SIC) Manual, that recognized by the LDC, the SIC for the manufacturing of malt beverages is 2082; said SIC includes the following sub- classifications: Ale, Beer (alcoholic beverage), Breweries, Porter (alcoholic beverage), and Stout (alcoholic beverage). Although the term microbrewery is not specifically listed within the SIC manual, Staff is confident that a "microbrewery" falls within this SIC classification and is therefore an allowable permitted use within the I zoning district. Allowable accessory uses within the I district are listed within LDC Section 2.03.04 A.l.b.; #1 states: uses and structures that are accessory and incidental to uses permitted as of right in the I district; and #3 states: retail sales and/or display areas as accessory to the principal use, excluding automotive sales and/or display areas, not to exceed an area greater than 20 percent of the gross floor area of the permitted principal use, and subject to the retail standards for landscaping, parking and open space. Staff notes that the applicant received a prior zoning opinion, ZLTR- PL20140001081, issued on June 4, 2014, in which staff opined that the subject business was eligible to obtain a state license for retail package sales as an accessory use to a brewery provided that the retail area satisfy the above requirements. ZVL(CUD)- PL20150002365 Page 3 of 6 Naples Beach Brewery To the best of staff's knowledge the brewery presently has allocated 900 square feet of their total building area to retail space; this area also doubles as a tasting room in which alcoholic beverages produced on site may be sampled. Staff opines that such an indoor tasting room is clearly allowable as an accessory use to the brewery; however, the applicant now proposes to enhance the tasting room by selling brewery produced alcoholic beverages by the glass (10 and 16 ounce sizes) as well as offering sampler trays (five 4 ounce beers of the customers choosing) which would require a Consumption on Premise license from the State. A catered food service is also be proposed during those hours that consumption is allowable. In an effort to demonstrate that the proposed use remains an allowable accessory use, the applicant has offered the stipulations and/or safeguards listed herein: • The combined retail /enhanced tasting room area will not exceed 20 percent of the gross floor area of the principal use (currently +/ -900 square feet); • Food service will only be available during times when on- premise consumption is allowed; • The enhanced indoor tasting room is to have limited hours: Thursday and Friday 5- I Opm, Saturday noon- IOpm, and Sunday noon -8pm; and • Only malt beverages brewed on site will be available for indoor on- premise consumption. Staff opines that given the above stipulations and safeguards the enhanced tasting room is supportive of the brewery and will not be operated as an independent drinking establishment, thereby promoting and preserving the accessory nature of the proposed use. Staff finds that as an allowable accessory use, the proposed enhanced tasting room is consistent with both the FLUE of the GMP and the LDC. The Planning Manager has reviewed and evaluated the subject request and found, by means of a ZVL (Attached), that the proposed microbrewery and enhanced tasting room, as further described herein, together with the applicant's proposed stipulations and safeguards, are comparable and compatible to the other permitted and accessory uses within the I zoning classification. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed this staff report on November 18, 2015. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner affirm the opinion of the Zoning Manager that the use of a microbrewery is comparable and compatible to a brewery which is a listed permitted principal use in the Industrial (1) zoning district under Section ZVL(CUD)- PL20150002365 Page 4 of 6 Naples Beach Brewery F 2.03.04 A. La of the Land Development Code (LDC) and that, together with the stipulations and safeguards offered by the applicant, the proposed accessory use of an enhanced indoor tasting room serving and selling alcoholic beverages produced within the facility by the glass is comparable and compatible in nature with the accessory uses in the I zoning district under Section 2.03.04 A. Lb of the LDC. Stipulations and safeguards offered by the applicant to promote and preserve the accessory use nature of the proposed enhanced tasting room: 1) The combined retail/enhanced tasting room area ( +/ -900 square feet) will not exceed 20 percent of the gross floor area of the principal use ( +/ -4,500 square feet); 2) Food service will only be available during times when on- premise consumption is allowed; 3) The enhanced tasting room is to have limited hours: Thursday and Friday 5pm- lOpm, Saturday noon- IOpm, and Sunday noon -8pm; and 4) Only malt beverages brewed on site will be available for on- premise consumption Attachments: A. Zoning Verification Letter. B. LDC Section 2.03.04 A.1 C. Application ZV L(C U D) -P L20150002365 Naples Beach Brewery Page 5 of 6 PREPARED BY: 2 JO A. KELLY. PLANNER DATE ZONING SERVICES SECTION REVIEWED BY: Z-�'t 10)".- -A- //' / 7- RAYM BELLOWS, PLANNING MANAGER DATE ZONINCSERVICES SECTION APPROVED BY: MICHAEL BOSI, AICP. DIRECTOR ZONING DIVISION ZVL(C U D) -P L20150002365 Naples Beach Brewery DATE Page 6 of 6 r County Growth Management Department Zoning Services Section November 2, 2015 Hale Montes. Inc. c /o: Robert J. Mulhere. FAICP 950 Encore Way Naples, Florida 34110 Re: Zoning Verification Letter ZVL (CUD)- PL20150002365; Zoning Verification Letter — Comparable Use Determination for Naples Beach Brewery, LLC., at 4120 Enterprise Avenue, Suites 115, 116, and 117; AKA: Industrial Estates of Naples (Building 42), Units 56, 57, and 58. of Parcel 066.000 in Section 36, Township 49 South, Range 25 East, of unincorporated Collier County, Florida. Property ID /Folio Number: 00273960003. Dear Mr, Mulhere: This letter is in response to a Comparable Use Determination (CUD) Application dated October 13, 2015, that was submitted by you on the behalf of your client, Naples Beach Brewery, LLC. Said application was accompanied by a cover letter, a notarized Affidavit of Authorization, and an Explanatory Narrative and Justification (analysis and summary). You have specifically requested a determination from the Zoning Manager and affirmation from the Office of the Hearing Examiner that the use of "microbrewery' is comparable and compatible with the listed permitted uses in the Industrial (1) zoning district. As per the Future Land Use Map (FLUM), an element of the Collier County Growth Management Plan (GMP), the subject property is designated Urban Industrial District. Besides basic industrial uses, limited commercial uses are permitted. Retail commercial uses are prohibited, except as accessory to Industrial or Business Park uses. The applicable ordinance regulating the zoning and use of the subject properties is the Collier County Land Development Code (LDC), Ordinance 04-41 as amended, the LDC implements the goals, policies and objectives of the County's Growth Management Plan. The current Official Zoning Atlas, an element of the LDC, reveals the subject property has a zoning designation of Industrial (1). Allowable uses within the I zoning district are listed within LDC Section 2.03.04 A.I I. For the purposes of clarification and specificity, the LDC incorporates numerical references that are defined within the "Standard Industrial Classification (SIC) Manual — 1987," as published by the Executive Office of the President — Office of Management and Budget. portions of this manual are accessible online via littp : / /wr�,,,-w.osha.gov /pls /imis /sic manual.htmi. Applicable to this request is use #18 — Food and kindred products (2011- 2099, except slaughtering plants). Given that the manufacturing of malt beverages falls under SIC 2082 and that sub - classifications include breweries and manufacturers of Ales, Porters, and Stouts, `honing Staff finds that a "microbrewery" is in fact a permitted principal use. Staff previously rendered an opinion by means of a ZLTR, PL- 20140001081, issued on June 4, 2014, that the referenced business could obtain a Package Sales (APS) license from the Florida Department of Business and Professional Regulation (DBPR) for the retail sale of manufactured product given that LDC Section 2.03.04 A. Lb, Accessory uses, #3 states: Retail sales and/or display areas as accessory to the principal use, excluding automotive sales and/or display areas not to exceed an area greater than 20 percent of the gross floor area of the permitted principal use, and subject to retail standards for landscaping, parking Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 •239 -252 -2400 a vwvw.colliergov.net Zoning t er f canon Leiter ZU. KID)- PL20150002365 Page 2 q%' and open space. As such, the question is whether or not a proposed "tasting room" with limited food service is an allowable accessory use within the I district; to that end, the brewery seeks to obtain a Consumption on Premises (I COP) license from DBPR to sell beer by the glass (10 and 16 ounce sizes) as well as offering sampler trays (five 4 ounce beers of the customers choosing). In your Explanatory Narrative and Justification statement you compare the proposed use of a "tasting room" to that of a winery where wines are bottled and wholesaled that would provide for tasting and retail sales. You go on to explain that restaurants (SIC 5812) are allowable permitted principal uses within the I zoning district and that drinking establishments (SIC 5813) are prohibited. You proceed to explain that despite intending to provide a catered food service that actual food sales will not rise to the level required to satisfy the LDC's definition of a restaurant. You stipulate that the "tasting room" is to occupy a space equal to that afforded for retail sales and /or display area and state that only beer brewed on the premises will be available for on -site consumption. Lastly, you indicate that the hours of operation will be limited to: Thursday and Friday 5 -1 Opm, Saturday noon - l Opm, Sunday noon -8pm. Zoning Services staff is of the opinion that a tasting room is an allowable permitted accessory use to a brewery. pursuant to LDC Sections 2.03.04 A. I .b. Staff finds that the applicant is essentially proposing to operate an enhanced tasting room by offering beer sales, by the glass for on -site consumption together with limited food service. Stag' concludes that given the stipulations and safeguards listed above, the enhanced tasting room is supportive of the brewery and will not be operated as an independent drinking establishment, thereby preserving the accessory nature of the use. This determination must be affirmed by the Hearing Examiner to become valid: you will be notified of the hearing date. Staff notes that the subject review was focused solely upon use, site improvements may be required prior to issuance of a Zoning Certificate to allow said use per LDC Section 10.02.06B.1.f. The most current approved Site Plan is SDP -99 -088 which reveals only Office and warehouse uses. Additionally, LDC Section 5.05.01, Businesses Serving Alcoholic Beverages. sets forth locational restrictions for such businesses not specifically exempted. Disclaimer: 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. All other applicable state or federal permits must be obtained before commencement of the development. Please be advised that the information presented in this verification letter is based on the Collier County LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County LDC or related ordinances. Should you require additional information or have any questions, please do not hesitate to contact me at (239)252 -5719 or e-mail: johnkelly @colliergov.net. Researched and prepared by: aell ,// Jon A. Kelly. Pla ner Zoning Services Section Reviewed by: kaymVy Bellows, Zoning Manager Zonin Services Section C. j el +n 1100 77 V T _i -- —S— 4-* _11-1 rz- __. Gym° I Ll I � � —# i � �t s e $ t IN - tj lift C3 92 .7 T 14 fill I'e 7 7 L CD 3 C3 'A T 10 L 2071 k P141 �l — — — — — — — — — — — — — — a's w Exchange-Avenue .04, Ti! 4 V w -6 V -4 vr 0 9 .4, 14 a�ssssssca !y� *OtR l I b; z n � s m r � t c> i LA 3 e N.p tw.w••x`�N -fp .) l..li -9R N6t- tr -M-MNN YN'9R a � a a N ° � V s�a N o� m LL Y r. 45355 I r— MIS V G %!1 v u �g 8� Sc a m a z v c c 'o a� r y a T O N M N a r. it .. Lo E2 CJ a U 3 Cofer County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.collierizov.net (239) 252 -2400 FAX: (239) 252 -6358 • Zoning Verification Letter - Comparable Use Determination LDC sections 2.03.00 A, 10.02.06 J & Code of Laws section 2 -83 — 2 -90 Chapter 3 G.6 of the Administrative Code PROJECT NUMBER ZLTR- PL20150002365 (Comparable Use) PROJECT NAME 4120 Enterprise Ave. DATE PROCESSED Date: 10-14 -2015 Due: 11 -12 -2015 PUD Zoning Distric. Straight Zoning District APPLICANT CONTACT INFORMATION Name of Applicant(s): Naples Beach Brewery, LLC Address. 4120 Enterprise Ave., Ste. 217 City: Naples State: FL Telephone: 239- 304 -8795 cell: N/A Fax: N/A E -Mail Address: will @naplesbeachbrewery.com Name of Agent: Robert J. Mulhere, FAICP Firm: Hole Montes, Inc. ZIP: 34104 Address. 950 Encore Way city: Naples State: FL ziP: 34110 Telephone: 239- 254 -2000 cell: N/A Fax: 239- 254 -2099 E -Mail Address: bobmulhere @hmeng.com PROPERTY INFORMATION Site Address: 4120 Enterprise Ave. Folio Number: Property Owners Name: Naples Industrial Estates DETERMINATION REQUEST 00273960003 The determination request and justification for the use must be done by a certified land use planner or a land use attorney. Provide the completed request on a separate attached sheet. Please be very specific and include the SIC Code, if known. The request should adhere to the following format: "I request a determination from the Planning Manager and approval from the Office of the • Hearing Examiner, that the use of Microbrewe�* is comparable and compatible with the permitted uses in the PUD or in the I Straight Zoning District." 9/25/2014 *With inside consumption and sales Page 1 of 2 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliereov.net CAY Coxnty 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX: (239) 252 -6358 SUBMITTAL REQUIREMENTS CHECKLIST See Chapter 3 G.6 of the Administrative Code for submittal requirements. The following items are to be submitted with the application packet. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW REQUIRED NOT COPIES REQUIRED Completed Application (download current form from County a 0 ❑ website) Determination request and the justification for the use Q El El PUD Ordinance and Development Commitment information ❑ ❑ Electronic Copies of all documents *Please advise: The Office of the Hearing Examiner requires all 1❑ E ❑ materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. FEE REQUIREMENTS: 3 Application: $1,000.00; Additional Fees of $100 per hour will be charged as needed upon completion of review and research. Payment of Additional Fees will be required prior to the release of the verification. A Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $925.00 All checks payable to: Board of County Commissioners The completed application, all required submittal materials, and the permit fee shall be submitt7d to: Growth Management Division /Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 10 -13 -2015 Applicant Signature Date Robert J. Where, FAICP Printed Name Please be advised that the zoning letter is based upon the available records furnished by Collier County and what was C7 c: To Whom it May Concern Collier County Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 Re: Application for Comparable Use Determination (CUD) - Straight Zoning District for Property located at 4120 Enterprise Ave #116, Naples, FL 34104 (Units 115 -117) I/We Naples Industrial Estates (Neil Braverman — Property Owner, Naples Industrial Estates) are the owners /authorized representative of the above referenced property. Naples Beach Brewery, LLC is a tenant operating at the above address. Naples Beach Brewery, LLC (Naples Beach Brewery) and in particular William Lawson, as the Owner of Naples Beach Brewery, LLC, is hereby authorized to submit the application for CUD related to the accessory retail sale and on- premise consumption of beer brewed on -site by the Naples Beach Brewery. Sincerely, Signature Oil 4veel?Q 7 If- Notary • a��gweui,�� _,its ?4,"Tq�• OF MM 9q`•.S.. twk ZOO �paa aYYlhICSSl6l1 11 -4 -15 to -5 -/9 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) Naples Beach Brewery, LLC Comparable Use Determination • I, WIN= Lawson (print name), as owner Mk M b9?L- (title, if applicable) of Nary Beach Bmvwy. LLc (CO an f a licable), swear or affirm under oath, that I am the (choose one) owner applicant Qcontract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 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 Robwt J. Whom FAMP 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 core. pros. or v. pros. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (LC.), then the documents should typically be signed by the Company's `Managing Member.' • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the `general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee' • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then • use the appropriate format for that ownership. Under penalties of perjury, 1 declare that I have read the foregoing Affidavit of Authorization and that the facts sta in it are true. Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was swom to (or affirmed) and subscribed before me on C- 5 -?.iJis (date) by , 1`U W- (name of person providing oath or affirmation), as who is personally known to me or who h od iced k t, it ( _Zlz�-C)9-�U� 7ZkO (type of identification) as identification. STAMP /SEAL Sign re f u c JUAN DANIEL LOPEZ Notery Public - State of FkWWA • • MY Caton. EXPIrts No 16, 2018 CoM MISSIon # FF 176408 CPM -COA- 00116155 REV 3/24/14 Naples Beach Brewery, LLC Comparable Use Determination Explanatory Narrative and Justification October 13, 2015 Naples Beach Brewery, LLC, (NBB) managed by William Lawson, operates a microbrewery at 4120 Enterprise Avenue, Suites 215 - 217. The site is zoned I — Industrial. The operation is fully licensed, operating under both Malt Beverage Manufacturer License as well as a packaged beer license (LAPS) issue by the FL Division of Alcoholic Beverages and Tobacco (DABT). NBB brews and bottles beer and, at present, sells the beer either directly or through a distributor to restaurants, retailers, and other types of facilities that may sell beer for carry out or for on- premise consumption. NBB would like to secure approval for "limited" on -site consumption and retail sales of their product(s) at the 4120 Enterprise Avenue location. In effect, the on- premise consumption and retail sales would be ancillary to the principal use of on -site brewing and bottling. The on- premise consumption and retail sales would be, limited as follows: • The tasting room is, at present, 900 square feet in size (with the overall brewery size being 4500 square feet (approximately 20% of the overall business square footage). The I — Industrial district • allows "Retail sales and/or display areas as accessory to the principal use, excluding automotive sales and/or display areas, not to exceed an area greater than 20 percent of the gross floor area of the permitted principal use ... ". • Although not operating as restaurant, food will be available during times when on- premise consumption will be permitted. There are commitments in place from 2 licensed food vendors to serve /sell food when NBB will be open to the public for consumption on premise. • At present, the plan is to be open for consumption on premise Thursday and Friday 5 -10pm; Saturday Noon -10pm: Sunday Noon -8pm. Clearly theses limited hours also underscore the ancillary nature of the on- premise consumption and retail sales uses • There are 2 restrooms located within the building which will be available to customers. • Only beer brewed on site will be available for on- premise consumption, presumably via a (I COP) on- premise DABT license. Again, this supports the ancillary nature of the proposed on- premise consumption. After several meetings with staff, it was determined that this request is to allow ancillary on- premise consumption and also retail sales of beer brewed on -site. In order to obtain the necessary 1 COP license from DABPT, Collier County Zoning signoff is necessary. This of course raised the issue of what exactly is this use? It is not a restaurant, which is permitted in the I — Industrial district. It is also not a bar or nightclub, which s not permitted in the I — Industrial district. A restaurant derives at least 51 % of its revenue from food and non - alcoholic beverages. Although food will be available for purchase by patrons during the hours that the tasting room is open, such revenues will not amount to 51% or more of overall • business revenue. At the same time, this is not a bar or night club in that, again, the primary business Page 1 of 2 function and revenue source is brewing, bottling, wholesaling and distributing. The similarity is that the • on- premise consumption and any retail sales are clearly ancillary to that the primary business function. The existing brewery was approved under I – Industrial district permitted use # 18. Food and kindred products (2011 -2099, except slaughtering plants). The specific SIC number is 2082, which is described as follows: Establishments primarily engaged in manufacturing malt beverages. Establishments primarily engaged in bottling purchased malt beverages are classified in Industry 5181. To the degree that NBB directly wholesales the beer they brew, or distributes it to end users such as retailers or restaurants, that use is also permitted under I - Industrial district permitted use # 56 Wholesale trade— nondurable goods (5111 -5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides must be a minimum of 500 feet from a residential zoning district (5192 - 5199). Conclusion: As I am sure you are aware, there has been a significant increase (due to market demand) for microbrewery products, IPA's and so forth. In most if not all such cases, these establishments do retail their products directly and also have on- premise consumption (tasting). The use is more comparable to a winery where the wines are bottled and wholesaled. Many of these wineries also provide for tasting and for retail sales. The SIC code actually indicates that SIC number is 2082, refers to Establishments primarily engaged in • manufacturing malt beverages, inferring that some other less than "primary" uses will occur in conjunction with the primary manufacturing use. The County's LDC also anticipates and allows ancillary retail uses and limits that use as indicated above. Although, there is no specific SIC code that describes this ancillary use, it is reasonable to allow for it, especially given that restaurants (permitted in the I - Industrial district) may serve alcohol for on- premise consumption in conjunction with and ancillary to the primary business function of food and non alcoholic beverage sales. In this case the on- premise consumption and retail sales, limited to only that brewed on -site and further limited as indicated above, should be permitted in conjunction with and ancillary to the principal use of brewing (manufacturing) beer for wholesale distribution. We would appreciate staff concurrence in this matter. We would also be happy to consider any limitations or restrictions not already imposed by the LDC, which could be a condition of the Collier County Commercial Zoning Certificate. • Page 2 of 2 AGENDA ITEM 4-B Co er County MEMORANDUM TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: DECEMBER 10,2015 SUBJECT: PETITION NO: PDI-PL20150000262, EMMANUEL EVANGELICAL LUTHERAN CHURCH APPLICANT/PROPERTY OWNER AGENT Peter Wasmer, President Robert J. Mulhere, FAICP Emmanuel Evangelical Lutheran Church of Naples Hole Montes, Inc., 950 Encore Way, 777 Mooring Line Dr.,Naples, FL 34102 Naples, FL 34110 REUESTED ACTION: The applicant requests an insubstantial change to Ordinance No. 11-23, the Emmanuel Evangelical Lutheran Church of Naples, Inc. CFPUD, as amended, to add temporary sports, religious, and community events, and temporary seasonal sales as permitted accessory uses, to allow the permitted athletic field as an interim accessory use prior to construction of a permitted principal use, to add development standards for the athletic field interim accessory use, to revise development standards for garden plots by removing the prohibition on on-site sales of produce and maximum number of automobiles, and to delete an environmental development commitment. The subject property consists of 21.72±acres. GEOGRAPHIC LOCATION: The subject property is located on the south side of Oil Well Road, approximately one quarter mile west of Everglades Boulevard in Section 19, Township 48 South, Range 28 East, Collier County, Florida(Location map on page 2 and aerial map on page 4). Page 1 of 8 EMMANUEL EVANGELICAL LUTHERAN CHURCH PDI, PDI-PL20150000262 NOVEMBER 30,2015 • I I • 1 • • r • 1 • • • • • • O � • • r a • • • ao J L. a r Ii:]i • Q :141':: ■ . 11 I aa: 0 • , . I 1 • I5 • Z f - A I ;\,____. ■ ■ 1 , .0 I • • • • • . d I • , •• • I• p� N • O. Mali In MA E Z O W a WO. g 8.I "lay �U i1 dg a/ N pQa Q i( f I \ t 7. Pl' Z D4 V d 1:3('''0 O Q . « 1O PO, 0 ! uuip ,�.-` r rte'" - raw__—�"s 4, go aill•WIIIIII1 OPP' ti ` Page 2 of 8 EMMANUEL EVANGELICAL LUTHERAN CHURCH PDI,PDI-PL20150000262 NOVEMBER 30,2015 I 1 III ( I , a I I , i III .. 1 3 r5 i' � I 11. h I I � �f� tl�i T • . I ' iE® P.P.•MM.IR...1.. ■ itr+ I •�'+.......n a.+•.wM ac I II i II 11 I .ii-7 111, E I 191 , C 0 0 0 0 Q 1 VI 11 I I 1 ' ' 1 I III '- a 1 I 1 . ,r Jill 1 I-1 1, i,11,..,): 1 ti 1 1, I is\ c----- 1 Mr _.[— t I r I I '11 13' Q Iii — i =mom ii I I 1 1' I I 1 I 1 111 ...r rww s.ue 3 wr I I II _-"ii: i_ I I I Ili I I i 4 �� — -r 1 1 -ol-I ___._2J .r ; �l{///iJ/ %// �..�.�../...4 ' .. .WA AZ fit.J.I I �I I ' I i MI,1 7�t� - -1-- i� -ltiAi--M�li1111,-i- iw...�w.aw...wn ��Pt I Liar"• I f I I. II 7 I Njff�..w1 L .ww. .:w.v. +�I�/Y1.�U...MN eN I''�t� Y OM WIa.M.a II �' /�lr shift I I I S / • 1�_.' Is a 1 I 1 i,. I I i� a�<a t x w If_w7�7 il 14 tt. , ; 0=MEM'MIIMM-11111 I. lasasIn 1 1 E 5 II i p, l I I p .. e'�I• .1 .... it . ills %I Sy ID ill ei.8 re 1 . .I. 11 I.• OM - _ lit 1 flhI1 I 1 h P-42 'ill �.M I I. . . 1 it iI 41 II 1 III # Approved Master Plan Page 3 of 8 EMMANUEL EVANGELICAL LUTHERAN CHURCH PDI,PDI-PL20150000262 NOVEMBER 30,2015 .... A . , c '. II 0410 V a' '.., . Ai 4 ill ' ' ',, ihilt-i, ' '- -I ' s7 # ' `4'3Sth=AV,E.NE. l �—� *t'S: 18 ■ 5Y R.P Tr . T a 8 O �T: • 'i -, R 28 ■ ' R: 7 J § t I 1 w. s v- } i q .. . • • #: 1 NI r „., , ! .._. w ? n• I. -II—R,D "'rM l - '` EMMANUEL I, _ z ' EVANGELICAL 1.-s I i `�F LUTHER -IURCH d.`F 4 ; - O Y� 1 7. ,,tttl r. . P r -. 4 "; J *: a '!d '° Pin DISti`ICtrS � .. �* - ;� - h r TIM NANO; 7 °# "" . °:, 1 ii[ r . t` r ,• - k '•spa . �0y . _ t .G ' -4'148 e` Athletic field •e r .; •s s Subject property (CFPUD) . ',R.28 • location ti .�,T 3 consists of 21.72E acres -r. T-02 P „�' �- 'l ..,� 3 1 s t"A,V.E.:N E " i , . gi—jr_ozi,, 4 1 , , ,L , k.h, r '!' AERIAL—CFPUD BOUNDARY Page 4 of 8 EMMANUEL EVANGELICAL LUTHERAN CHURCH PDI, PDI-PL20150000262 NOVEMBER 30,2015 HISTORY,PURPOSE,AND TEXT CHANGES: The Emmanuel Evangelical Lutheran Church Community Facility PUD (CFPUD) was originally approved (Ordinance number 11-23) on June 28, 2011. The subject property contains 21.72+ acres, and allows for 90,000 square feet of uses including a church with related social services,a 300-person child and adult day care facility, medical outreach to the community(blood drive, influenza vaccine, etc.), job training and vocational rehabilitation, a 450-person private school, or as an alternative, development of single-family dwelling units. Accessory uses allowed include recreational facilities and garden plots. The property is surrounded by single family residential with the zoning designation of Estate District (E). Permitted uses by right are single-family dwellings, family care facilities, essential services,and public schools. The petitioner proposes an insubstantial change to the CFPUD that would allow for the development of an athletic field, and all related uses, including a parking lot and landscape improvements, to be constructed and utilized on a interim basis,prior to the construction of the principal structures. Because the property is currently unimproved and the owners do not plan on building any principal structures at this time, a commitment is proposed to limit the usage of the field to daylight hours and prohibit lighting until the primary use (church) is constructed. Other commitments would include limited usage of the field to members of the congregation and their guests, and to allow up to two (2) on-premise directional signs,not to exceed six(6)square feet. Other text changes would include the deletion of PUD Section H, paragraphs 4, and 8, and a modification of paragraph 1, regarding garden plot usage, related parking, and the addition of sports, religious, and community events (temporary seasonal, accessory uses) subject to a Temporary Use Permit required by the Land Development Code (LDC). Environmental Commitment B is being removed due to the fact that this process was satisfied in a Site Improvement Plan application in 2013. ANALYSIS: Section 10.02.13.E.1 and 2 of the Land Development Code sets forth the criteria by which insubstantial amendments to a PUD Master Plan and/or minor text changes to a PUD document are to be reviewed before they can be approved. The criteria and a response to each criterion of 10.02.13.E.1 have been listed as follows: a. Is there a proposed change in the boundary of the Planned Unit Development(PUD)? No,there is no proposed change in the boundary of the Emmanuel Evangelical Lutheran Church Community Facility PUD (CFPUD). b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No, there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. Page 5 of 8 EMMANUEL EVANGELICAL LUTHERAN CHURCH PDI,PDI-PL20150000262 NOVEMBER 30,2015 c. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such,or five(5)acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5)percent of the total acreage as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open space),or a proposed relocation of nonresidential land uses? No, the proposed amendment will not increase the size of institutional, commercial, industrial uses. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? No, the proposed amendment will not increase traffic generation, change circulation, or impact other public facilities. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? No, the proposed changes will not create any additional vehicular generated trips based upon the ITE Trip Generation Manual. g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? No, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. The proposed changes are specific to internal features of the development. i. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? Page 6 of 8 EMMANUEL EVANGELICAL LUTHERAN CHURCH PDI, PDI-PL20150000262 NOVEMBER 30,2015 No, this modification is in compliance with the Future Land Use Element of the Growth Management Plan. The modification to the Master Plan does not increase the intensity of the permitted land uses. j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)9e)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Sec. 2.7.3.5.4 or Sec. 2.7.3.5.6 of this Code. The Emmanuel Evangelical Lutheran Church Community Facility PUD (CFPUD) is not a DRI. k. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? Based upon the analysis provide above, the proposed changes are not deemed to be substantial. FINDINGS OF FACT: LDC Subsection 10.02.13.E.2 also requires an evaluation of the findings and criteria used for the original PUD application. The staff report for the previous rezone petition,Ordinance Number 11-23, contained the PUD and Rezoning Findings from LDC Subsection 10.02.13.B.5 and 10.02.08.F, respectively. This insubstantial amendment does not negatively impact any of those findings. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for Emmanuel Evangelical Lutheran Church Community Facility PUD(CFPUD), PDI-PL20150000262 on November 23,2015. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20150000262, Emmanuel Evangelical Lutheran Church Community Facility PUD(CFPUD). Attachments: A. Amended PUD pages B. Ordinance Number 11-23 Page 7 of 8 EMMANUEL EVANGELICAL LUTHERAN CHURCH PDI, PDI-PL20150000262 NOVEMBER 30,2015 PREPARED BY: C3*--Qe--) 5L3 /2(2 ilia 41 i/C DANIEL JAMES SMITH,AICP, PRINCIPAL PLANNER DATE GROWTH MANAGEMENT DEPARTMENT REVIEWED BY: AP, a At, -- I I - 3 3 ` °5 RAYMI J� V. BELLOW-, ZONING MANAGER DATE GROW ., MANAGEMENT DEPARTMENT 1-24- 1 r- MICHAEL BOSI, AICP, DIRECTOR DATE GROWTH MANAGEMENT DEPARTMENT Page 8 of 8 EMMANUEL EVANGELICAL LUTHERAN CHURCH PDI,PDI-PL20150000262 NOVEMBER 21,2015 SECTION ONE: AMENDMENT TO EXHIBIT "A", LIST OF PERMITTED USES, ATTACHED TO ORDINANCE NO. 11-23, EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD Exhibit "A," List of Permitted Uses, Section B, Accessory Uses, attached to Ordinance No. 11-23, Emmanuel Evangelical Lutheran Church Community Facilities PUD, is hereby amended to read as follows: B. Accessory Uses: Accessory uses customarily associated with Permitted Principal Uses including but not limited to: 1. Recreational facilities including outdoor play areas and athletic field, administration offices and facilities, and youth recreation centers indoor to support church uses. The athletic field, limited to the location as depicted on the PUD Master Plan as "Football/Soccer Field" and "Softball Field," shall be allowed on an interim basis,prior to the construction of a principal use as listed in Paragraph A. of Exhibit A of the PUD. 2. Water and wastewater facilities for serving this CFPUD only. 3. Garden Plots, limited to an accessory use to the Churches and Places of Worship, SIC 8661. Garden Plots shall be allowed on an interim basis prior to the construction of the Churches and Places of Worship. Garden Plots are also an allowable Accessory Use after the construction of Churches and Places of Worship. 4. Sports, religious, and community events (e.g. open air farmers market) are permitted on the subject property, subject to the issuance of a Temporary Use Permit as set forth in LDC Section 5.04.05. The sum total duration of all such special events shall not exceed 28 days per calendar year. Additionally,temporary seasonal sales (e.g.pumpkin or Christmas tree sales) are permitted, subject to the issuance of a Temporary Use Permit as set forth in LDC Section 5.04.05 and the time limitation contained therein. 4.5. Any other accessory use and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals,pursuant to the process outlined in the Land Development Code(LDC). Attachment A Page 1 of 4 Words underlined are added;words struck-hrough are deletions C:\Users\DanielSmith\AppData\LocaI Microsoft\Windows\Temporary Internet Files\Content.Outlook\7WVOXIRT\Emmanuel Evangelical Lutheran Church CFPUD PDI(PL-20150000262)(8-5-2015).docx SECTION TWO: AMENDMENT TO EXHIBIT "B", DEVELOPMENT STANDARDS, ATTACHED TO ORDINANCE NO. 11-23, EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD Exhibit `B," Development Standards, attached to Ordinance No. 11-23, Emmanuel Evangelical Lutheran Church Community Facilities PUD, is hereby amended to read as follows: G. ATHLETIC FIELD OPERATION 1. The Athletic Field shall only be permitted to be in use between the hours of 7:00 A.M. and 9:00 P.M. 2. If constructed as an interim accessory use, prior to the construction of a principal use,the following standards shall apply: a. The athletic field will only be used during daylight hours and will not be lighted,until such time as a principal use is constructed. b. Temporary sanitary facilities that are ADA accessible shall be provided. c. Use of the athletic field shall be limited to members of the congregation and their guests. d. Up to two (2) on-premises directional signs are allowed. Each sign shall not exceed six(6)square feet in size. e. The authorization for such use shall be valid for five(5) years. If the principal use has not commenced by that time, staff may authorize the continuation of the interim accessory use for another five(5)years. H. GARDEN PLOTS 1. U-Pick or similar commercial farm operation on site sales of produce is prohibited. 2. The maximum area for the garden plots shall be limited to 10% of property or±2 acres. 3. Garden plots shall be located outside the 75 foot perimeter setback areas. S:4. Access to garden plots and parking areas shall be a gravel surface. Page 2 of 4 Words underlined are added;words snuck through are deletions C:\Users\DanielSmith\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\7WVOX1RT1Emmanuel Evangelical Lutheran ChurchCFPUD PDI(PL-20150000262)(8-5-2015).docx 6:5. Temporary sanitary facility-to facilities shall be provided. -7,6. A Site Improvement Plan shall be required to be approved by the County prior to the utilization of garden plots. • purposes. Page 3 of 4 Words underlined are added;words are deletions C:\Users\DanielSmith\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\7WVOXIR•ITEmmanuel Evangelical Lutheran Church CFPUD PDI(PL-20150000262)(8-5-2015).docx SECTION THREE: AMENDMENT TO EXHIBIT "F", DEVELOPMENT COMMITMENTS FOR THE PROJECT, ATTACHED TO ORDINANCE NO. 11-23, EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD Exhibit "F," Development Commitments for the Project, attached to Ordinance No. 11- 23, Emmanuel Evangelical Lutheran Church Community Facilities PUD, is hereby amended to read as follows: 2. ENVIRONMENTAL A. Conservation/preservation areas comprising a minimum of 0.26 acres are shown on the CFPUD Master Plan that meets the minimum of 0.26±acres required to be preserved by the LDC. membecs Page 4 of 4 Words underlined are added;words struck rough are deletions C:\Users\DanielSmith\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\7WVOXIRT\Emmanuel Evangelical Lutheran Church CFPUD PDI(PL-20150000262)(8-5-2015).docx I g�o�,�1y1s f41$7sl? isi OS 1� o ORDINANCE NO. 11- 23 to M �� ti AN ORDINANCE OF THE BOARD OF COUNTY cl COMMISSIONERS OF COLLIER COUNTY, FLORIDA, \i * AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, °£CZ8ZLZ(3 ' THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING - REGULATIONS FOR THE UNINCORPORATED AREA OF D?'- ` -n COLLIER COUNTY, FLORIDA, BY AMENDING THE - r . APPROPRIATE ZONING ATLAS MAP OR MAPS BY i"F ', r CHANGING THE ZONING CLASSIFICATION OF THE PT_. rn HEREIN DESCRIBED REAL PROPERTY FROM THE �' � m 7- ESTATES (E) ZONING DISTRICT TO A COMMUNITY c:-? k FACILITIES PLANNED UNIT DEVELOPMENT (CFPUD) `'' o °ni �� ZONING DISTRICT FOR THE PROJECT KNOWN AS > EMMANUEL EVANGELICAL LUTHERAN CHURCH OF NAPLES, INC. CFPUD, TO ALLOW 90,000 SQUARE FEET OF USES TO INCLUDE WORSHIP/CHURCH AND RELATED SOCIAL SERVICES, A 300 PERSON CHILD AND ADULT DAY CARE FACILITY, JOB TRAINING AND VOCATIONAL REHABILITATION, A 450 PERSON PRIVATE SCHOOL; OR, IN THE ALTERNATIVE, DEVELOPMENT OF SINGLE FAMILY RESIDENTIAL DWELLING UNITS, LOCATED ON THE SOUTH SIDE OF OIL WELL ROAD, IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 21.72+/- ACRES SUBJECT TO CONDITIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Richard D. Yovanovich, Esquire of Coleman Yovanovich & Koester, P.A. and Robert L. Duane, of Hole Montes, Inc., representing Emmanuel Evangelical Lutheran Church of Naples, Inc., 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 real property more particularly described in Exhibit D, attached hereto and incorporated herein by reference, located in Section 19, Township 48 South, Range 28 East, Collier County, Florida, is changed from the Estates (E) Zoning District to a Community Facilities Planned Unit Development (CFPUD) Zoning District for a 21.72+/- acre Emmanuel Evangelical Lutheran Church PUDZ-PL2009-2496 Page I of 2 Revised 6/24/il Attachment B project known as Emmanuel Evangelical Lutheran Church of Naples, Inc. CFPUD, subject to compliance with Exhibits A through F, attached hereto and incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this o2 7'f' day of u)U... ,2011. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGI >` .�BRCICrCLERK COLLIER COUNTY, FLORIDA a � By: -:.-' 1 0.0 C. By: W.' 4fo,*Sit Inial • .-Clerk FRED W. COYLE, Ch an Approved as to form and legal sufficiency: 7 . Steven T. Williams Assistant County Attorney Attachments: Exhibit A - Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit D- Legal Description Exhibit E- Deviations from the LDC Exhibit F- Development Commitmentsi1ea wit tie rry nd acknawledgern-d,, that CP'l0-CPS-O1040%41 fil' • ='ved cloy o I By i Emmanuel Evangelical Lutheran Church ��•'�;, PUDZ-PL2009-2496 Page 2 of 2 Revised 6/24.%I I EXHIBIT"A" LIST OF PERMITTED USES EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD No building 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: SIC GROUP No building or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: 1. Churches and Places of Worship 8661 2. Child Care Services 8351 Not for profit and operated with a church or place of worship 8351 permitted in this CFPUD 3. Private Schools 8211 Not for profit and operated with a church or place of worship 8243 permitted in this CFPUD (except boarding schools, and military 8244 academies). 8299 4. Social Services, individual and family (activity centers, elderly or handicapped only; day care centers, adult and handicapped only); must be not for profit and operated with a church or place of 8322 worship permitted in this CFPUD. 5. Job training and vocational rehabilitation services not for profit 8331 and operated with a church or place of worship permitted in this CFPUD. Vocational rehabilitation services shall not include uses such as outboard or diesel engine repair that could emit noise beyond the boundaries of the subject property. 6. Medical outreach to the community, to include activities such as administering influenza vaccine, checking blood pressure and conducting blood donation drives not for profit and operated with a church or place of worship permitted in this CFPUD. 7. Single family residential dwellings as an alternative to non- residential uses permitted in this CFPUD. (Also see Exhibit B — Development Intensity) 8. Any other principal and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals pursuant to the process outlined in the Land Development Code (LDC), however, soup kitchens and homeless shelters are prohibited. Emmanrd Evangelical Lutheran Church PUDZ-PL2009-2496 Lau revised: 04-25-11 Page I of 10 B. Accessory Uses: Accessory uses customarily associated with Permitted Principal Uses including but not limited to: 1. Recreational facilities including outdoor play areas and athletic field, administration offices and facilities, and youth recreation centers indoor to support church uses. 2. Water and wastewater facilities for serving this CFPUD only. 3. Garden Plots, limited to an accessory use to the Churches and Places of Worship, SIC 8661. Garden Plots shall be allowed on an interim basis prior to the construction of the Churches and Places of Worship. Garden Plots are also an allowable Accessory Use after the construction of Churches and Places of Worship. 4. Any other accessory use and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals,pursuant to the process outlined in the Land Development Code(LDC). C. Preserve Area Uses: No building or structure, or part thereof, shall be erected, altered or used,or land used,in whole or in part, for the preserve area depicted on the CFPUD Master Plan other than the following: 1. Passive recreation areas such as pervious nature trails or boardwalks are allowed in the preserve area, as long as any clearing required to facilitate these uses does not impact the minimum required area to be preserved. 2. Any other conservation related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals,pursuant to the process outlined in the Land Development Code(LDC). Emmanrd Evangelical Lutheran Church PUDZ-PL2009-24% Last revised: 04-2S-I I Page 2 of 10 EXHIBIT"B" DEVELOPMENT STANDARDS EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD Development of the EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district,the Community Facility District(CF)of the LDC shall apply. Table I below sets forth the development standards for land uses within the PUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. TABLE I COMMUNITY FACILITIES DEVELOPMENT STANDARDS A. PRINCIPAL STRUCTURES MINIMUM LOT AREA N/A MINIMUM LOT WIDTH N/A MINIMUM FLOOR AREA N/A PERIMETER SETBACKS 75 feet east property line 75 feet west and southwest property line 75 feet south property line 75 feet north property line MINIMUM FRONT YARD 25 feet MINIMUM SIDE YARD 25 feet or perimeter setback whichever is greater MINIMUM REAR YARD 25 feet or perimeter setback whichever is greater MINIMUM PRESERVE SETBACK 25 feet MINIMUM DISTANCE BETWEEN PRINCIPAL STRUCTURES '/2 building zoned height(BH) Emmanuel Evangelical Lutheran Church PUDZ-PL2009-24% Lau revised:04-23-1 I Page 3 of 10 MAXIMUM BUILDING HEIGHT 2 stories not to exceed 30 feet zoned building height or 38 feet actual building height; however, the Worship Center shall not exceed a zoned height of 35 feet and an actual height of 42 feet. B. ACCESSORY STRUCTURES FRONT SETBACK 25 feet(see *Note 1) SIDE SETBACK 10 feet or perimeter setback whichever is greater REAR SETBACK 10 feet or perimeter setback whichever is greater PRESERVE SETBACK 10 feet or perimeter setback whichever is greater PERIMETER SETBACK 75 feet MINIMUM DISTANCE BETWEEN ACCESSORY STRUCTURES 10 feet MAXIMUM BUILDING HEIGHT NOT TO EXCEED 1 story,not to exceed 25 feet zoned building height and 30 feet actual BH *Note 1 Athletic field is permitted in setback area including portion of the existing lake as shown on CFPUD Master Plan; C. STANDARDS FOR RESIDENTIAL USE Residential uses in accordance with the Estates District if non-residential uses are not developed on the subject property. D. DEVELOPMENT INTENSITY 1. A maximum of 90,000 S.F. of total floor area is allowed in this Community Facilities PUD and the number of seats for the Worship Center shall not exceed 1,000 seats. 2. Maximum number of school students is 450. 3. Maximum number of Day Care Center participants is 300. 4. In lieu of permitted community facilities allowed by this CPUD, ten (10) single family dwelling units are permitted. Emmanuel Evangelical Lutheran Church PUDZ-PL2009-24% Last revised: 04-25-11 Page 4 01 10 E. LANDSCAPING 1. Seventy five foot (75') wide buffer areas are required along the east, west and southwest property lines abutting residential development as shown on the CFPUD Master Plan. However, play fields are permitted in a portion of the 75 foot wide buffer area shown on the west and southwest property lines along with an existing lake. 2. A twenty five foot (20') wide Type "D" buffer is required along Oil Well Road and twenty-five foot(25')wide Type"B"buffers are required along the east,west and southwest south property lines as shown on the CFPUD Master Plan. F. LIGHTING(Per Policy 5.1.1 of the Golden Gate Master Plan set forth below): Consistent with public safety requirements,street,recreational and structure lighting shall be placed, constructed and maintained in such manner as to prevent or reduce light pollution. The following standards shall apply: a. If a streetlight or an area light is required, it shall be of the type specified to protect neighboring properties from direct glare. Area lighting shall be shielded such that direct rays do not pass property lines. Low-pressure sodium lamps are encouraged while halogen type lights are discouraged. 1. Where required, the street lamp shall be of the high pressure sodium type and have a "cobra head with flat bottom" style or be fully shielded so that light is directed only downward. Street lamps shall be mounted on a wood pole at a height and wattage recommended by the appropriate electric utility and as appropriate for a rural area. 2. Parking lot lamps shall be low-pressure sodium type lamps and shall be mounted so that they point downward without direct rays extending past the parking lot, building entrance, walkway, or other area intended to be illuminated. b. Where lighting of recreational areas is required, such lighting shall be mounted so as to focus illumination on the areas intended to be illuminated, and to limit the amount of light that extends outside of the intended area. c. All lighting associated with the Athletic Field shall be turned off no later than 9:30 P.M. G. ATHLETIC FIELD OPERATION 1. The Athletic Field shall only be permitted to be in use between the hours of 7:00 A.M. and 9:00 P.M. Ennnanuel Evangelical Lutheran Church PUDZ-PL2009-2496 Lan revised: 04-25-I I Page 5 of 10 H. GARDEN PLOTS 1. U-Pick or on-site sales of produce is prohibited. 2. The maximum area for the garden plots shall be limited to 10% of property or±2 acres. 3. Garden plots shall be located outside the 75 foot perimeter setback areas. 4. Maximum number of automobiles shall be limited to ten at any one time. 5. Access to garden plots and parking areas shall be a gravel surface. 6. Temporary sanitary facility to be provided. 7. A Site Improvement Plan shall be required to be approved by the County prior to the utilization of garden plots. 8. The development of garden plots shall not vest the property for PUD sunsetting purposes. WALLS 1. A six-foot high wall shall be constructed as shown on the CFPUD Master Plan adjacent to residential development. The wall shall be constructed prior to the utilization of the Athletic Field. Emmanuel Evangelical Lutheran Church PUDZ-PL2009-2496 Last revised* 04-25-11 Page 6 of 10 1..,. � i, d I ( 1 III !I' 1!!! 11101111 1'1 ill€11111 i!t! !lit ? I 3 .Y }:". 1 sP. ;( FC 7(.i—'. d ( ;, 3 1 3a / / " :1ms88MC$ i ill r, f 1 115 C r aP s # " ��>SStler, il l ill f Xi m s '�' 1 ! f > r ......41....1 i 2 m bM11Nn No 1 ia�& I I j n 73 m i n 1s'=µ' /may, ��il/_•77j i Sn - - - - - -� - -i i1 � 1 I , ,, _ f a I .-1 ,� Ili ! ti �� ', �, ; 11 Ili' 1 9 h°i 1 (..!..7 i I r! � I ; , I i tr II o � i r ! .r 1 ; I i I 1i# _ j ;i11,1 I ' i 1 — 1 if' . I till i 1 if I I 1 " f I I — I �, o it 1 : it , _ 1.l's '' Hi. ,j , 1 � `` I I 111 - I� I 1 1 , 1 II 1II . , 0:11x 711 .. '` '' !I I . \ ' > I it ' I —__IL 1 L �.-__ 1 I , 1 1 If I 11'MW T1/.'0 lira.bar (M �. T .Wn T3'.Y.1.O.d d 1 I I _ l,'l I 1 11 Raul LW ts%Oval 1....11.1.. I if 1 f '—�-'--a 4 e " l m� i f - i 9 i .I s ' r II i1 ' i I 1 ti —`_ EXHIBIT"D" LEGAL DESCRIPTION EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD Property Description: Tract 65A, the North 165 feet of Tracts 80 and 81, the South 165 feet of the North 330 feet of Tracts 80 and 81,the North 165 feet of the South 330 feet of Tracts 80 and 81,the South 165 feet of Tracts 80 and 81, and all of Tracts 80A, 81A, 96 and 96A, GOLDEN GATE ESTATES, UNIT NO. 64, according to the map or plat thereof as recorded in Plat Book 7, Page(s) 64, Public Records of Collier County, Florida. Emmanuel Evangelical Lutheran Church PUDZ-PL2009-2496 Last revised:04-25-11 Page 8 of 10 EXHIBIT"E" LIST OF REQUESTED DEVIATIONS FROM THE LDC FOR THE EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD Deviation No. 1 seeks relief from LDC Section 5.03.02. H., Fences and Walls to not require a fence or wall along the west, south, and east property lines outside the boundary of the Athletic Field. Walls will be provided adjacent to the Athletic Field as depicted on the CFPUD Master Plan. This Section of the LDC requires that whenever a non-residential development lies contiguous to or opposite a residentially zoned district, said non-residential development shall provide a masonry wall or precast concrete wall or fence. Emmanuel Evangelical Lutheran Church PUDZ-PL2009-20% Lau revised 04-25-11 Pagc 9 of 10 EXHIBIT "F" DEVELOPMENT COMMITMENTS FOR THE PROJECT EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD 1. TRANSPORTATION A. For services and other periods and events of significant traffic generation, as determined by Collier County staff; the property owner shall provide traffic control by law enforcement or a law enforcement approved service provider as directed by Collier County staff;with staffing and at location(s)as directed by the Collier County Transportation Administrator or his designee. B. The development within this project shall be limited to 666 unadjusted two-way, AM peak hour trips and/or 323 unadjusted two-way, PM peak hour trips; allowing for flexibility in the proposed uses without creating unforeseen impacts on the adjacent roadway network. For purposes of calculation of the weekday AM and PM peak hour trip generation for this PUD, the lesser of the weekday AM or PM peak hour trips as calculated in the Institute of Transportation Engineer's(ITE)Report,titled Trip Generation, 8th Edition or the trip generation as calculated in the then current ITE Trip Generation Report shall be utilized. C. A potential for interconnection with the residential properties to the west shall be provided if the subject property develops only with single family uses and the conditions for the use of the interconnection are acceptable to the developer and the residential properties to the west. If the subject property is developed without residential uses within four years of the date of adoption, then this commitment shall no longer be deemed applicable. 2. ENVIRONMENTAL A. Conservation/preservation areas comprising a minimum of 0.26 acres are shown on the CFPUD Master Plan that meets the minimum of 0.26± acres required to be preserved by the LDC. B. As part of the first development order application (SDP, Plat or other), the applicant shall provide an updated listed species survey to show the property's proximity to bear or panther habitat (primary or secondary) and indicate if any mitigation is required by the FWC/USFWS. If mitigation is required, the applicant shall coordinate said mitigation with County Environmental Staff members. Emmanuel Evangelical Lutheran Church PUDZ-PL2009-2496 Las,revised. 04-25-I I Page 10 of 10 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 2011-23 Which was adopted by the Board of County Commissioners on the 28th day of June, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of June, 2011. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio 'to Board of • County Commissiopegal•f;,, a MLA #3 • By: An • Deputy CI,ei • • • Co.a 'er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colllergov.net (239)252-2400 FAX:(239)252-6358 �,•,t, NS,UBST t�TlAl,. HANG `; '.!J_APUD P .I ':,'v:,. ;:�:.,. ;,5',1 � .y:>.+ aiv. :?C•..:::; :.1:._..i e''1.:1...v � :Yi47. 1„ l7' ,Sat ;•l•! '('+:` �* - '+ - £1t,.t`.':12`4. ti.!4 d•a _ =.ix. - s lo _20 02 ;, :? I C ub..ect. !*:9',;f de f L k^us settia x. • - �"�.,, ,,,., ..a•'i ��:;y3:.Y{5. ..I:. :.x. .,,.. .n. _�:';;�•;�0:. :{.:.t�,:i'�yti,••..;�h,,p,.� •{..,{.;,,.-a:...:...:,!,.:::..•::.-:-.:,;._,:.,.:,.;i.... ...... Ch.3G.3ofthe'Aiministrative.Code�:?... ', _ •:. _:,,. ;:`;�;;� .;a.<:.�.;.n4�ss� Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED 's'i;_P;ar ::.iC :Li_ w}b;`f.-," c7.H.�Y;.�;•,i.S:.:H t+1�;``'ip.?,..,,r.�^+.h;�.E{ l .,... ;e!`, ,. "s,...: �9:P A T'CO�NTACT INFORNIA710N :ea•s ' Name of Applicant(s): Emmanuel Evangelical Lutheran Church of Naples, Inc. Address: 777 Mooring Line Drive City: Naples State: FL ZIP: 34102 Telephone: 239-261-0894 cell: N/A Fax: N/A E-Mail Address: vivian @naplesemmanuel.com Name of Agent: Robert J. Mulhere, FAICP Firm: Hole Mantes, Inc. Address: 950 Encore Way city: Naples State: FL ZIP: 34110 Telephone: 239-254-2000 Cell: N/A Fax: 239-254-2099 E-Mail Address: bobmulhere @hmeng.com ,,;... ....;::_.: ::. •:..;...,`��DISC O �OF INTER $ F A JV :•,.� ::;4 -cw::;:c-';., ��., ... .,..:,:.,. - ..- .. ,. 11R E T.IN..ORM TiQ _ . . .;';'�>:�,. ..z.;�,ia.:��•` . ;,,�' Is the applicant the owner of the subject property? ❑ Yes ❑No ❑ 1.If applicant is a land trust,so Indicate and name the beneficiaries below. • © 2,If applicant is corporation other than a public corporation,so Indicate and name officers and major stockholders below. 9/25/2014 Page 1 of 4 • CMS), County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colllergov.net (239)252-2400 FAX;(239)252-6358 ❑ 3. If applicant is a partnership, limited partnership or other business entity,so indicate and name principals below, 4. If applicant Is an owner, Indicate exactly as recorded, and list all other owners, if any. EMMANUEL EVANGELICAL LUTHERAN CHURCH OF NAPLES, INC. ❑ . 5. If applicant is a lessee,attach copy of lease,and Indicate actual owners if not indicated on the lease, ❑ 6. If applicant Is a contract purchaser,attach copy of contract,and indicate actual owner(s) • name and address below:(If space Is inadequate, attach on separate page) PETER WASMER, PRESIDENT; AMY LYBERG, VICE PRESIDENT R E U EST s:.:. On a separate sheet,attached to the application, describe the insubstantial change request. • Identify how the request does not meet the PUD substantial change criteria established In LDC subsection 10.02.13 E.1. SEE COVER LETTER • PROPERTY INFORMATION :. ••; . :,.,:; ':i�: ...,..>....... ... .. .��..,�; EMMANUEL EVANGELICAL LUTHERAN CHURCH OF NAPLES, INC. CFPUD PUD NAME: • ORDINANCE NUMBER: 11-23 FOLIO NUMBER(S): 39898040009,39897520007,39897520104,39897560009,39897800008,39897600106, 39897640000, 39899120007 & 39899160009 Provide a legal (if PUD Is recorded) or graphic description of area of amendment (this may be graphically Illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet,a written description of the map or text change. Does amendment comply with the Growth Management Plan? ❑ Yes ❑No If no, please explain: . Has a public hearing been held on this property within the last year? ❑Yes 0 No If yes,in whose name? Has any portion of the PUD been❑SOLD and/or El DEVELOPED? NO Are any changes proposed for the area sold and/or developed? ❑Yes 0 No • If yes, please describe on an attached separate sheet. 9/25/2014 Page 2 of 4 / / 1 Cob 1r County | | _=,- -~ ^°-=..~ --~..., ! ! . COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 vvww.coU|argov.nat (239)252-2400 FAX:(239)252-6358 �/`'�� +,,,� '_` �`' . `�',_ `` �R`�� ;s;»*�/�`=�hopter3G.�uftho�dm|n|sb�t�eCudm'�'�r'��'��;�x��. The following SubmIttal Requirement checklist Is to be utflized during the Pre-Applicatlon Meeting and at time of application submittal. At final 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. #op NOT REQUIREMENTS FOR RsV�VV nsQu)Rso | COPIES REQUIRED Compieted Application(download current form from County website) 16 El Pre-Appllcatlon Meeting notes . 1 0:1 0 Project Narrative,Including a detailed description of proposed changes 16 CI �l | 1 and why amendment|snecooapy -- Detail ofmqve,t a Fl , cu,mntx4u�rrPlan&1 Reduced Copy � Li Kav|o�dNu�erP|on&1naduxedCnpy 2 F | Revised Text and any exhibits zs | ! PUD document with changes crossed through&underlined 16 Li 111 El PUD document as revised with amended Title Page with Ordinance# 0 El El ! Warranty Deed 16 El Ell Legal Description -160 El El ! Boundarysurvey,If boundary of original PUD is amended . 9 If PUD Is piatted,include piat book pages [l ID el List identIfying Owner&all parties of corporation 2 00 El Affidavit of Authorization,signed &notarIzed 2 9 Completed Addressing ChecklIst 1 13 1 Copy of 8 1A in.xli in.graphic location map of site 1 El ( | Electronic copy of all documents and plans *please advise:The Office of the Hearing Examiner requires all materials s 0 El Fl to b submitted electronically in PDF format. *If located In Immokalee or seeking affordable housing,Include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. | • Please contact the project manager to confirm the number of additional copies required. � III 9/25/2014 Page'f4 1 i�� '� $$ countY • COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION • NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District(Residential Components):Amy ❑ Bayshore/Gateway Triangle Redevelopment: Lockheart Executive Director x Utilities Engineering:Kris Vanlengen Parks and Recreation:Vicky Ahmad Emergency Management:Dan Summers Naples Airport Authority:Ted Soliday Conservancy of SWFL Whole Ryan Other: ❑ City of Naples:Robin Singer,Planning Director Other: .- FEE EQUIREMENTS PUD Amendment Insubstantial(POI):$1,500.00 3 Pre-Application Meeting:$500.00 M Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Division/Planning and Regulation • ATTN:Business Center 2800 North Horseshoe Drive • Naples,FL 34104 r-- i' �o '"Applicant/Owner Signature ate Peter Wasmer, President Applicant/Owner Name(please print) 9/25/2014 Page 4 of 4 • • AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL•2OI OO 0282 I, PETER WASMER (print name),as PRESIDENT (title,if applicable)of EMMANUEL EVANGELICAL LUTHERAN CHURCH OF NAPLES,INC. (company,If applicable),swear or affirm under oath,that I am the(choose one)owner j lapplicantncontract purchaser' land that: 1. I have full authority to secure the approval(s)requested and to Impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions Imposed by the approved action. 5. We/I authorize ROBERT J,MULHERE,FAICP OF HOLE MONIES,INC, to act as our/my representative in any matters regarding this petition Including 1 through 2 above. • "Notes:. • If the applicant is a corporation,then it is usually executed by the corp.pros, or v.pros. • 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,than 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"+t are t e. te Ignature Daft) PETER WASMER, PRESIDENT EMMANUEL EVANGELICAL LUTHERAN CHURCH OF NAPLES, INC. STATE OF FLORIDA COUNTY OF COLLIER 1 I The ff�gol g instrumept was sworn to(or affirmed)and subscribed before me on _7113 f i 5 (date)by ro rem INCt,S ry e (name of person providing oath or affirmation),as wh s personally own o me or w o has produc d (type of identification)as Identification. o STAMP/SEAL Signature of Notary u Ilc NOTARY PUBLIC-STATE OF FLORIDA Gina Rizzo Commission#EE118693 a,,, Expires: AUG.03,2015 BONDED TaRU ATLANTIC BONDING CO.,INC. • CP\OS-COA-00115\155 REV 3124/14 III April 9,2015 Re: Emmanuel Evangelical Lutheran Church of Naples CFPUD HM File No.: 2006.096 To Whom It May Concern: This letter is written authorization for ROBERT J. MULHERE, FAICP and PAULA MCMICHAEL, AICP of Hole Montes, Inc., to act as agents on behalf of EMMANUEL EVANGELICAL LUTHERAN CHURCH OF NAPLES,INC.in matters pertaining to amending the Emman Evangelical Lutheran Church of Naples CFPUD. /Signature of Property Owner` Peter Wasmer,President Emmanuel Evangelical Lutheran Church of Naples,Inc. . III STATE OF ( Q_g (-1 COUNTY OF a u1,° e„ Pe_.1-es....B o per�oonally appeared L MC,,,who i ersonally known to e the person describeor who has produced as identifications i —who executed the foregoing instrument, and acknowledged to and before me that he executed said instrument for the purpose therein expressed. r o WITNESS my hand and official seal this / day of �p ,2015. 0( Y L112.CLd 4' • C) Notary Public My Commission Expires: NOTARY PUBLIC-STATE OF FLORIDA • Gina Rizzo 4,3.6-/- u�u�* 3�" t = =Commission#EE118693 Bake Expires: AUG.03,2015 BONDED THRII ATLANTIC BONDINQ CO,INC. III • Co t er County 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: PUMA, V717-T, Date and Time: Feb. 2015 Assigned Planner: Nancy Gundlach Engineering Manager(for PPL's and FP's): Project Information I Project Name: Emmanuel Evangelical Lutheran Church nit: 20150000262 Property ID#: 39896040009 Current Zoning: PUD Project Address: Oil Well Road City: Naples State: FL Zip: Applicant: • Agent Name: Phone: Agent/Firm Address: Hole Montes, Inc. City: Naples State: FL Zip: Property Owner: Emmanuel Evangelical Lutheran Church of Naples, Inc. Please provide the following,if applicable: i. Total Acreage: 21.72 acres ii. Proposed#of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments,indicate the original petition number: PU DZ-PL2009-2496 v. if there is an Ordinance or Resolution associated with this project,please indicate the type and number: Ordinance # 11-23 vi. If the project is within a Plat, provide the name and AR#/PL#: li • Coor County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.coliiergov.net (239)252-2400 Meeting Notes filoodE tr evik .F4417A'!.fi ,'i/A f YE-Co/till t/1i6 4?,AWL,i)¢ Co Mil /14S , '��iv Ariz 'S-/' .Atilt IA t/Im c-&4d/MA' by 14 .43- _ -- 1,411,4' , co,'7 0 A- Sc"6 y-41-4-/ %4;,5 k4iv/A i pt- C' .A-fr SS, PPI s)L1�✓t' � J '(*/MeV tai 1)W Q/ 4' ;#( eOoom tplat•,v1``ntn� r 0 6ted S q►� 3AY\P 490.10a1,1p �\cCons 6■l;sl�t j VI; Ili nUo 1 Il 11° II It 'IS IA I• . • Ter s -u.+rr t p c.t l_DNU,T; ^.) -WAA" V406-1 1Ie-eS --rktC t LonrCex_ • 9�L )E1L7t'S (t F 'NE-6W-1,) . , 1 k47t 'HD 7r TH6 �LO�EG? NAeravrc u% T14-ger Vgky 4-94. r•vre-PD -I 1:A111.44-title Mot— WFx eeNp AdZ et 4 7.0 i-'it tom-, 4 t. A • -roT#c.-• &L"1 .• T •'t TL4 • r M62 MAQ ACT t/- o JPee 4- T U I1 1 t • e- �i�•c s2� J 4" �,.�.- sue, 1 • - i • Colitr 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: PUD Rezone-Ch.3 G. 1 of the Administrative Code Amendment to PUD-Ch.3 G.2 of the Administrative Code PUD to PUD Rezone-Ch. 3 G. 1 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final 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 COPIES REQUIRED REQUIRED Cover Letter with Narrative Statement including a detailed description of 'S❑ ❑ why amendment is necessary Completed Application with required attachments ,, El Pre-application meeting notes 111 Affidavit of Authorization,signed and notarized 2 / ❑ Notarized and completed Covenant of Unified Control 2 4110 Completed Addressing Checklist 2 ❑ Warranty Deed(s) 3 ❑ List Identifying Owner and all parties of corporation 2 ❑ Signed and sealed Boundary Survey 4 O G�.;_, Architectural Rendering of proposed structures 4 ❑ ll• Current Aerial Photographs(available from Property Appraiser)with project boundary and,if vegetated,FLUCFCS Codes with legend included 5 ❑ on aerial. �/ Statement of Utility Provisions 4 I ri ❑ Environmental Data Requirements pursuant to LDC section 3.08.00. 4 ❑- ❑_ Environmental Data Requirements collated Into a single Environmental �,/ Impact Statement(EIS)packet at time of public hearings.Coordinate with El El 02 project planner at time of public hearings. Listed or Protected Species survey, ess than 12 onths old. Include 4 ❑ copies of previous surveys. P/-/ ,Up � rkC Traffic impact Study 7 ❑ Lr'` Historical Survey 4 ❑ P School Impact Analysis Application,if applicable 2 ❑� Electronic copy of all required documents 2 Completed Exhibits A-F(see below for additional information)* ❑ ❑ ❑ List of requested deviations from the LDC with justification for each(this 't I� El is separate from Exhibit E) Iv \c ,,.- Revised Conceptual Master Site Plan 24"x 36"and One 8 34" x 11"copy •t ❑ 41i)\\\ Original PUD document/ordinance,and Master Plan 24"x 36"—Only if tcp El Amending the PUD Checklist continued onto next page... 1 9/11/2014 Page 11 of 15 1 I Cofer County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 ■ www.colliergov.net (239)252-2400 FAX:(239)252-6358 Revised PUD document with changes crossed thru&underlined <❑ V' Copy of Official Interpretation and/or Zoning Verification 1 ❑ ❑a *If located in Immokalee or-seeking affordable housing,include an additional set of each submittal _ • • 1 requirement The following exhibits are to be completed on a separate document and attached to the application packet: ❑ Exhibit C:Master Plan-See Chapter 3 E.1.of the Administrative Code ❑ Exhibit D:Legal Description ❑ Exhibit E:List of Requested LDC Deviations and justification for each ❑ Exhibit F:List of Development Commitments if located in RFMU(Rural Fringe Mixed Use)Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239-690-3500 for information regarding"Wildfire Mitigation&Prevention Plan." PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District(Residential Components):Amy ❑ Conservancy of SWFL:Nichole Ryan ockheart Utilities Engineering:Kris VanLengen ❑ Parks and Recreation:Vicky Ahmed ❑ Emergency Management:Dan Summers ❑ Immokalee Water/Sewer District: • ❑ City of Naples:Robin Singer,Planning Director ❑ Other: // FEE REQUIREMENTS IVPre-Application Meeting:$500.00 ❑ PUD Rezone:$10,000.00* plus$25.00 an acre or fraction of an acre ❑ PUD to PUD Rezone:$8,000.00* plus$25.00 an acre or fraction of an acre 4�Y/ D Amendment: $6,000.00*plus$25.00 an acre or fraction of an acre Comprehensive Planning Consistency Review:$2,250.00 ❑ Environmental Data Requirements-EIS Packet(submittal determined at pre-application ,meeting):$2,500.00 IV' LLJ ed or Protected Species Review(when an EIS is not required):$1,000.00 if�4egal Advertising Fees: c C:$925.00 W%CC:$500.00 ❑ School Concurrency Fee,if applicable: o Mitigation Fees,if application,to be determined by the School District in coordination with the County *Additional fee for the 5th and'subsequent re-submittal will be accessed at 20%of the original fee. All checks may be made payable to:Board of County Commissioners Ill 9/11/2014 Page 12 of 15 Til() c/V SmithDaniel Subject: PL20150000262(PDI)/PL20150000268(SIPI) -' Location: Conf Room "C" Start: Thu 2/12/2015 3:00 PM End: Thu 2/12/2015 4:00 PM • Show Time As: Tentative Recurrence: .. --.. ..:(_none) Meeting Status: Not yet responded Organizer: CDS-C Required Attendees: AhmadVicky;Amy Lockhart-Taylor(lockha @collierschools.com);AndersonRichard; AnthonyDavid;ArnoldMichelle;Ashton Heidi;AuclairClaudine; BaluchStephen; BeardLaurie; BrethauerPaula; BrownAraqueSummer; BunsterMadelin; BurtchinMark; CascioGeorge; CondominaDanny; CromerAaron; David Ogilvie; DavisAme; FeyEric; FleishmanPaula; GundlachNancy; HouldsworthJohn; HughesJodi; HumphriesAlicia;jnageond @sfwmd.gov; KendallMarcia; KurtzGerald; LenbergerSteve; LevyMichael; MastrobertoThomas; McKennaJack; McKuenElly; McLeanMatthew; MoxamAnnis; NawrockiStefanie; PajerCraig; PattersonAmy; PaulRenald; PepinEmily; pjimenez @sfwmd.gov; PodczerwinskyJohn; ReischlFred; RevayStacy; Rosenblum Brett; SawyerMichael; ScottChris; Shar Hingson (shingson @enfd.org); SmithDaniel; SpaarPatricia; StoneScott;StrainMark; SuleckiAlexandra; SunyakMark;TriminoEvelyn;ValeraCarolina; VanLengenKrisi WalshJonathan; WeeksDavid; WilloughbyChristine; TOBICHARBONNEAU @HMENG.COM • When: Thursday, February 12, 2015 3:00 PM-4:00 PM(UTC-05:00)Eastern Time(US &Canada). Where: Conf Room "C" Note: The GMT offset above does not reflect daylight saving time adjustments. Planner: Nancy Gundlach& Chris Scott Fire District:, Big Corkscrew PL20150000262.P NG Project Type: PDI/ SIPI Project Description: We are proposing to add an athletic field an allowable interim use and farmers market as a permitted use in lieu of a ecial event. ,F Existing Application Name: 200021 ; 69 Z-PL 09-2496 Meeting Type: Pre-Application Meeting • Preferred Date: February 12 2015 Unavailable Dates: , Location: South side of Oil Well Road,approx. 1/4 mile W of Everglades Blvd.,Naples,FL,Parcel Number: 39896040009 • Full Name: W. Terry Cole,P.E.,Vice President&Barry Jones,Sr. Project Manager II/ Email:tobicharbonneau@a,hmeng.com Company Name: HOLE MONTES, INC. 950 Encore Way Naples,Florida Representing: EMMANUEL EVANGELICAL LUTHERAN CHURCH OF NAPLES Contact Number: Work: 2542021 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 I] electronic mail to this entity.Instead,contact this office by telephone or in writing. • • 2 • — , Cve�- Cauxity COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE BQWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 . ADDRESSING CHECKLIS1" Please complete the following and emall to GMD_Addressfnggcolliergov,net or fax to the Operations Department.at 23.9-252-5724 or submit In-person to the Addressing Department at the above address.Form must be sinned by Addressing personnel prior to pre-application meeting,please allow 3 days for processing. Not aft itetns Will apply to every project, Items in bold type are required- FOLIO NUMI3ERS MUST I3)~ PROVIDED. Forms older than months will requlre. additional review and approval by. the Addressing Department. • PETITION TYPE(Indicate type below, complefe.a separate Addressing Checklist for each Petition typo) p BL(Blasting Permit) 0 SIP(Site DevelopmentPlari) • $D(Boat Dock Extension) ❑ SOPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SiP) • ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TOR(Transfer of Development Rights) ❑ PPL(Plans.&Plat Review) El VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation.Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ .RZ(Standard Rezone) 0 OTHER PDI • LEGAL DESGRIPTION.of subject property or properties(copy oflengthydescriptlon maybe attached) $19,T48S, R2& (0olden Gate.Estates Unit 64, Tracts.65A,80,80A,81A,96 &96A) POUO(Property ICY)t4U1vinER(s)of•ebove(attach fo,.orassociate with,legal descriptionIfMora than one 39896040009, 39897520007, 39897520104,39897560009,39897600008, 398.97600105, STREET ADDRESS or ADDRESSES(as abpiicable,If already assigned) 39897640000, 398991200074:39899160.009 • LOCATION MAP must be attached showing exact Iodation of project/slte In relation to nearest public Toad tight- , .of-way • SURVEY(dopy -needed only for unplatted properties) PROPOSED PROJECT NAME(lf.applicable) t1t s :s 0 7 a-2-,is epprox. 1J4-rni#o Wcst of Evef aees43-v€h- - PROPOSED STREET NAMES(Ifapplipable) ! Emmanuel Evangelical Lutheran Church of Naples • SITE DEVELOPMENT PLAN NUMBER(for existing profeots/sitesonly) SDP - orAR or PL# Ordinance No, 11-23 • / .6 Co lee-r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collfergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for or already appearing in condominium documents(if application; Indicate whether proposed or existing) Please Return Approved Checklist © Email ❑ Fax 0 Personally picked up Applicant Name: Robert J, Mulhere, FAICP/Stephanle Karol Phone: 239-254-2018 Email/Fax:stephaniekarol©hmeng.com _ 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 US ONLY Folio Number 39896040009 . 39897640000 Folio Number,39897520007 39899120007 Folio Number 39897520104 39899160009 Folio Number 39897560009 Folio Number 39897600008 Folio Number 39897600105 Approved by: / °ate: 2-9-2015 Updated by: _ Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SU IVIITTED ...;'" t\i- lisa* \air • - ■ISITUI----Unt A\N\NA COLLIER COUNTY GOV `NMENT 2800 NOeTH HORSESHOE DRIVE GROWTH MANAGEM: T DIVISI NAPLES,FLQRIDA 34104 www.colliergov.net e1r---p�,,5-zoo. (239)252-2410 Pre-Ap1plic do eetin S' In eet Collier C MI my Contact Information: Name Review Discipline Phone Email ❑ David Anthony Environmental Review 252-2497 davidanthony @colliergov.net ❑ Summer Araque Environmental Review 252-6290 sumrnerbrownaraque @ colliergov.net ❑ Steve Baluch Transportation Planning 252-2361 StephenBaluch @colliergov.net ❑ Madelin Bunster Architectural Review 252-8523 madelinbunster @colllergov.net . ❑ Mark Burtchin ROW Permitting 252-5165 markburtchin @colliergov.net ❑ George Cascio Utility Billing 252-5543 georgecascio @colliergov.net ❑ Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heidiashton @colliergov.net ❑ Kay Deselem,AICP Zoning Services 252-2931 kaydeselem @colliergov.net ❑ Eric Fey,P.E. Utility Plan Review 252-2434 erlcfey @colliergov.net ❑ Paula Fleishman Impact Fee Administration 252-2924 paulafleishman @colliergov.net • ❑ ael Gibbons Structural/Residential Plan Review 252-2426 michaelgibbons @colliergov.net Nancy Gundlach,AICP,PLA Zoning Services 252-2484 nancygundlach @colliergov.net ❑ Shar Hingson East Naples Fire District 687-5650 shingson @ccfco.org ❑ John Houldsworth Engineering Services 252-5757 johnhouldsworth @coiliergov.net ❑ Jodi Hughes Transportation Pathways 252-5744 jodihughes @colliergov.net ❑ Al' is Humphries Right-Of-Way Permitting 252-2326 aliciahumphries @ colliergov.net . , • ,?^/ ■'WI% •mprehensive Planning 252-2387 marciakendall @colliergov.net ❑ Reed 1arvi,P.E. Transportation Planning 252-5849 reedjarvi @colliergov.net ti Stephen Lenberger Environmental Review 252-2915 stevelenberger @colliergov.net _ ❑ Paulo Martins Utilities 252-4285 paulomartins @colliergov.net ❑ Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto @ colliergov.net ❑ Jack McKenna,P.E. Engineering Services 252-2911 jackmckenna @colllergov.net ❑ Matt McLean,P.E. Principal Project Manager 252-8279 matthewmclean @colliergov.net ❑ Gilbert Moncivaiz Utility Impact Fees 252-4215 giibertmoncivaiz @ colliergov.net ❑ Michele Mosca,AICP impact Fee Administration 252-2466 mlchelemosca @coiliergov.net ❑ Annis Moxam Addressing 252-5519 annismoxam @colliergov.net ❑ Mariam Ocheltree Graphics 252-2315 mariamocheltree @colliergov.net I ❑ Brandy Otero _ Transit 252-5859 brandyotero @colliergov.net _ Er John Podczerwinsky Transportation Planning 252-5890 johnpodczerwinsky @ colliergov.net ❑ Brandi Pollard Utility Impact fees 252-6237 brandipollard @colllergov.net • ❑ Fred Relschl,AICP Zoning Services 252-4211 fredreischl @colliergov.net Corer County 0 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collierRov.net (239)252-2400 ❑/$tact'Revay Transportation Pathways 252-5677 stacyrevay@colliergov.net L�' Brett Rosenblum,P.E. __. Storrawater Plan Review 252-2905 brettrosenblum @colliergov.net _ ❑ icha awyer Zoning Services 252-2926 michaeisawyer @colliergov.net Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt @colliergov.net Chris Scott,AICP Planning and Zoning 252-2460 chrisscott @colliergov.net ❑ Daniel Smith,AICP Landscape Review 252-4312 danielsmith @colliergov.net ❑ Sgatt Stone Assistant County Attorney 252-8400 scottstone @coiliergov.net Mark Strain Hearing Examiner/CCPC 252-4446 markstrain @colliergov.net ❑ Carolina Valera Comprehensive Planning 252-8498 carolinavalera @colliergov.net ❑ Kris VanLengen Utility Planning 252-5366 krisvanlengen @colliergov.net ❑ Jon Walsh Building Review 252-2962 jonathanwaish @colliergov.net ❑ David Weeks,AICP Future Land Use Consistency 252-2306 davidweeks @coliiergov,net ❑ Kirsten Wilkie Environmental Review 252-5518 klrstenwilkie @colllergov.net El Christine Willoughby Planning and Zoning 252-5748 ChristineWiiloughby @colliergov.net Additional Attendee Contact Information: III Name Representing Phone Email ,g Ia C.�� Q e, k- A,'F- -0 c 9t —ZOO c it arYle i cue ►s ()la _ /,C�/h'D ev S S' -2�w -' "`` tt'r�''f'`°•' 4..r1 C t. _ _ '____:: � ' hJJ' , .- ! il�� CAL.-4Z (-Cr— R .,So�ve3 P'o� (hv�Te5 5 y 5 1411\0•il,•CO's•N III r + :7-47-27 26-47-27 I 25-47-27 I 30-47-28 29-47-28 2E 111111 _. 1 t 0 35-47-27 1 I Q I 32-47-28 3: 34-47-27 O/ 31-47-28 W 0 1 MILE 2 MILES 06-48-28 �� O 17-27 05-48-28 03-48-27 2 02-48-27 _ -SCALE IN MILES SCALE: 1"= 1 MILE ; - -07-48-28 ii 1 0 10-48-27 ':. I Il lE 11-4N-20. 17-48-28 I i AIL WELLI ROAD —11411111 _...... ' ) 1;11, G: TREE _,E1 ........... „E:", H ... ;3_4';U.D. 24-48-27 19-46-28 III I. MO ll cii i • Corkscrew_ = = 0 29-48-28 Island Fire and 0 29-48-2 'Rscue � �. I 3 31-48-28 e , : J ' c 1' 1 ssi II' i I al 01 49-27 j 1 1 950 Encore Way EMMANUEL EVANGELICAL LUTHERAN CHURCH CHECKED BY: PROJECT No. Na pies„ FL. 34110 'H' ' Phone: i 239) 254-2000 DRAWN B CAD L�MAP H E E Florida Certificate of LOCATION MAP DATE: EXHIBIT— ITEA4 ENCIERSftlN65•290115 Authorization No.1772 - 07/10 _ 1 of 1 3864165 011, 4063 PG: 2982 RICOIDID 10 011ICIAL RICOIDS Of COLLAR cum, IL This Instrument Prepared Without Opinion By: 06/2512006 at 02:5111 111I181 1. MCI,CULL Dan Bailey,Attorney at Law C015 2650000,00 • 290014t6 Street North,Suite 1/4 11C UI 11,50 Naples,FL 34109 DOC•,10 11550,00 Rata: Grantor's Soc Sec ti: 10131T V G10TI Grantee's Soc Sec q: 5425 PARK CHTIAL CT RAPLIS IL 31103 [Space Above This Line For Recording Data] Warranty Deed (Statutory Form-FS 689.02) This Indenture,made this, day of June,2006,between GLENN E.GRANT,a Married Man,as to Tract 65A,and D.F.MCCARTHY INVESTMENTS lT LLC,AN OHIO LIMITED LIABILITY COMPANY,as to the balance of subject property,Grantor;and EMMANUEL EVANGELICAL LUTHERAN CHURCH OF NAPLES,INC.,A FLORIDA NON-PROFIT CORPORATION, of the State of Florida, whose post office address is ,Grantee; Witnesseth: That the said Grantor,for and in consideration of the sum of 310.00 and other valuable consideration,to Grantor in hand paid by the said Grantee,the receipt whereof is hereby acknowledged,hereby grants,bargains and sells to the said Grantee,and Grantee's heirs and assigns forever,the following described land,to wit: Tract 65A,the North 165 feet of Tracts 80 and 81,the South 165 feet of the North 330 feet of Tracts 80 and 81,the North 165 feet of the South 330 feet of Tracts 80 and 81,the outh46S-fe of Tracts 80 and 81,and all of Tracts 80A,81A,96 and 96A, GOLDEN GATE ESTATES,UNIT NO.64 : of Flo Eh~ -p at thereof as recorded in Plat Book 7,Page(s)64,Public Records of Collier County,Florida. (For Information Only: Property Ap Identification s are 39896040009, 39897600008, 39897640000,39897520007,3989 560+49, 8'752 ;39897.00105,'989'120007,39899160009). • GRANTOR GLENN E.GRANT W•• •]� l'�' E ', TIP PROPERTY BEING CONVEYED IS NOT THE HOMESTEAD PROPE'TY,f N s 0` G s 0 ( O t s PROPERTY, OF GRANTOR, GRANTOR'S SPOUSE OR G' • a' '`r`n ••, 0 G'\ •' ' IDES AT 2910 70'"Street SW,Naples,FL 34105. To have and to hold the same in fe }`•.a forever, + Together with any and all tenemen� ditaments and appurte .c s •. •belonging or in anywise appertaining including an undivided interest in c elements and • t .n elements. Subject to easements, restrictions,reservations and limitations, r c n to a• ii.n(and condominium,if applicable),zoning and other governmental regulations and taxe f r Er•ent-vett. d ubsequent years. And the said Grantor does hereby fully warrant the title to said land,and will defend the same against the lawful claims of all persons whomsoever. Wherever used herein,the terms"Grantor"and"Grantee"shall include all the parties to this instrument and the heirs,legal representatives and assigns of individuals,and the successors and assigns of corporations. Signed,sealed and delivered in the presence of: As to Tract Sign /l�- a 7II�GrGuLC� Sign (Seal) Print)°(k/.STiNt Aegg? M EA u Cr- Print GLENN E.GRANT . WITNESS NO.1 Print p a,\$a`VwJ WITNESS NO.2 II As to the balance of the subject property: D. F. MCCARTHY INVESTMENTS H, LLC, AN OHIO LIMITED LIABILTY COMPANY, By:Devin F.McCarthy,Its nage / Sign Al ' Si: .L A. L[I �� - (Seal) ./fA 61'�C�GG�T� PrintULi,JO4.S.K,LLEtf Print Michael P.McNamee.,as Attorney-in-fact for Devin F. • WITNESS NO.I �(t McCarthy Sign 1��'U-U� A Print ��artcn �. CiCL(1nan WITNESS NO.2 .wc _ vO ^ E o N <3 Z R 0 CD 3 u g / g U _- v J 1 R z o.' _ 'it' W g 3 a s•� d a S 0 (7 a /t i I 2 F p3 .2 1 u ..t"?-1 • v Q y 0 E • 3 ic C c U ° ° z ot o c R Z$ G� ie g � �j J ` N m C i g p c• ."-----,4.aJt N g vi.1 " own u „.. .. ,...0%., 0 .., . - a- -t a go e .w u Z ��' L.'" V f Iiil 6cr t el ,?." -2. -9. i r g.. Z ! in.. aUU ig 0 a-1. �l � rg U U c 4 0 y ....,.., v .c p °� > Cl; ,,s 0 Ic::, Q .rg V OU c `s o a i n..44 w GI.0 O� O o O� d E " J �n U n cit.._ • • 1 • WMD Environmental Assessment Report SFWMD Permit Appl. No. Of the Emmanuel Lutheran Church ±21 .7 Acre Tract Sec. 18, T48S, R28E, Oil Well Road Golden Gates Estates,Collier County, Florida October 19,2010 Update:Nov. 18,2010 Update:Jan.18,2013 Prepared for: • Hole,Montes,Inc. 950 Encore Way Naples,Florida 34110 Tel:(239)254-2000 Fax:(239)254-2099 and Tom Gremmer Emmanuel Lutheran Church 777 Mooring Line Drive Naples,FL 34102 Conducted by: Gem Wass de Czege,President Southern Biomes,Inc.,Woodford Ave.,Fort Myers,FL 33901 Tel:(239)334-6766 Fax:(239)337-5028 • Southern Biomes, Inc. Division of Environmental Information Services III 1602 Woodford Ave., Fort Myers,FL 33901 - mail to: P.O.Box 50640,Fort Myers, FL 33994 Ph. (239)334-6766 - Geza Wass de Czege,President - FAX(239)337-5028 WMD EAS Report for Emmanuel Lutheran Church±21.7 Acre Tract,Section 18,T48S, R28E, Oil Well Road, Collier County, Florida Update:Jan. 1 8,2013 Location Map 2770 Oil Well Road(CR.858), Golden Gate Estates, Collier County, Florida MAays,ra a rri ml i� --- 846 FL ___ i _- C I r ._ _ 1 1 - ,F — 1- 1----i i , I- ._. -- _ OII Wd . 1. Rd �- --._ _ , 1 1 1 I L .. 4,:ttrie ,,„,,. ...., , I _ I IIi! I II I ' � - m2006 MapQuesf,Ind 1 Inc. z I I I I i — - ©2006 N*VTEQ-- Directions: From Interstate 75,north of Naples,go east on Immokalee Road(CR 846)for seven miles. Immokalee Road turns North after the Wilson Blvd. intersection. One mile north,turn east on Oil Well Road(CR 858), and go approximately 2.5 miles. Property is on south side of road. al - 2 - • Southern Biomes, Inc. Division of Environmental Information Services 1602 Woodford Ave., Fort Myers, FL 33901 - mail to: P.O.Box 50640,Fort Myers,FL 33994 Ph. (239)334-6766 - Geza Wass de Czege, President - FAX(239)337-5028 WMD EAS Report for Emmanuel Lutheran Church±21.7 Acre Tract, Section 18,T48S, R28E,Oil Well Road, Collier County, Florida Update:Jan. 1 8,2013 WMD Environmental Assessment Report Emmanuel Lutheran Church 21.7 acre Tract Sec. 18, T48S, R28E, Oil Well Road,Golden Gates Estates, Collier County, Florida I. SITE LOCATION:The subject property consists of a±21.7 acre parcels of land located on the south side of Oil Well Road(County Road 858),approximately one half mile west of the intersection of Everglades Blvd.,in Golden Gate, Collier County,Florida. This tract of land is an irregular-shaped parcel,consisting of mostly cleared grasslands and minimally forested land, a residential lot with recently abolished home site,and an existing manmade lake. Surrounding the subject property in all directions are mixtures of partially forested and cleared,or cleared, low density residential lots,with scattered home sites. 2. VEGETATION MAP:A map of the vegetation associations,with the Florida Land Use and Cover Classification System(FLUCCS)can be found in the attached report. 3. VEGETATION INVENTORY: The property is made up of four land cover types;abandoned agricultural land,pine and palmetto flatwoods,and a borrow pond. The northern portion of the property,along Oil Well Road,consists of two communities. A 1.6 acre single family residential lot in which a home was recently demolished(FLUCCS code 110),and approximately 1.1 acres of pine and saw palmetto forested area(FLUCCS code 411)with a canopy of slash pine and midstory of saw palmetto,wax myrtle, and gallberry.The ground cover is limited to open areas,because of the density of the saw palmetto,but where it exists, it consists of wiregrass,broomsedge,xyris,pennyroyal,chocolate weed,chalky bluestem, lopsided Indian grass, and other grasses and forbs. The majority of the site, approximately 16.7 acres, has been previously cleared,and appears to have been used for crop or pastureland(FLUCCS code 211),because of the presence of ridges, furrows, and ditches,which are typical of agricultural uses. This area is mostly void of canopy and midstory vegetation,with the ground cover consisting of a mixture of ruderal weeds and grasses such as Bahia grass,torpedograss, blue maidencane,bunch paspalum,natal grass, broomsedge,chocolate weed, frogbit,xyris,pluchea, sedges,carpet grass,rust weed,false buttonweed,yellow top, dog fennel,rattlebox, and wiregrass. The predominant canopy or subcanopy vegetation is the cabbage palm and saw palmetto clusters,which are clearly depicted in the aerial photograph provided with this report.This field appears to be fallow, since the groundcover has matured. Also,there is a borrow lake(FLUCCS code 530) in the southwest corner of the site that is approximately 2.2 acres.This area is considered as Other Surface Waters(OSW)wetlands by the SFWMD. The borrow pond has been reclaimed,and was vegetated along its fringes with assorted landscape trees,such as live oak,cypress, and wild tamarind(Lysiloma latisiliqua). • A brief description and dominant canopy,midstory,and ground cover are listed according to habitat types identified on site. I -3 - Southern Biomes, Inc. • Division of Environmental Information Services 1602 Woodford Ave., Fort Myers,FL 33901 - mail to: P.O. Box 50640, Fort Myers, FL 33994 Ph. (239)334-6766 - Geza Wass de Czege,President - FAX(239)337-5028 WMD EAS Report for Emmanuel Lutheran Church±21.7 Acre Tract,Section 18,T48S, R28E,Oil Well Road, Collier County, Florida Update:Jan. 1 8,2013 UPLAND COMMUNITIES( 19.5 Acres): There are three(3)upland communities associated with the property. All the communities showed some evidence of exotic invasion. The following is a summary description of each community: Demolished Residential Site- 110: (1.6 acres)this cover type consists of a single family home site where the house was recently demolished, a remnant yard, and saw palmetto road buffer. Pastureland,Abandoned-211: (16.7 acres)this vegetative community dominates majority of the property. The western portion appears to have been filled during the excavation of the borrow lake,while the easterly portion still has the shallow,evenly spaced ditches used for irrigation and drainage.A widely scattered canopy cover consists of slash pine,melaleuca, and cabbage palm.Around the borrow pond are numerous wild tamarind. The midstory consists of scattered saw palmetto clusters,Brazilian pepper,and wax myrtle.Groundcover is dominated by Bagia grass,carpet grass, smutgrass, false buttonweed,Bermudagrass, torpedograss,natal grass,broomsedge,wiregrass,rust weed,yellowtop,dogfennel,ragweed, sida,and crotons. Pine Flatwoods-411: (1.1 acres)this community dominates the majority of the northern fringe of the property. It consists of scattered pines with palmetto,dahoon holly, cabbage • palm,melaleuca and Brazilian pepper subcanopy.Other vegetation consist of gallberry,rusty lyonia, beautyberry, broomsedge, lopsided Indian grass, grape vine,wiregrass,runner oak, and pennyroyal. Oil Well Road R.O.W.-814: (0.1 acres)Right-of-way used for expanding Oil Well Road. WETLAND/OSW COMMUNITIES(±2.2 Acres): There is one(1)other surface water(OSW) wetland community associated with the property. This community consists of a reclaimed borrow pit. The following is a summary description of this community: Borrow Lake-630: (2.2 acres)this open water community is located within the southwestern portion of the property,and is fringed by littoral vegetation consisting primarily of torpedograss,cattails,spikerush,and arrowhead. HABITAT SUMMARY CODE DESCRIPTION ACRES 110 Demolished Residential Site 1.6 211 Pastureland,Abandoned 16.7 411 Pine Flatwoods 1.1 530 Borrow Lake(OSW) 2.2 814 Oil Well Road R.O.W. 0.1 TOTAL ±21.7 -4 - 411 Southern Biomes, Inc. Division of Environmental Information Services 1602 Woodford Ave., Fort Myers, FL 33901 - mail to: P.O. Box 50640,Fort Myers, FL 33994 Ph. (239)334-6766 - Geza Wass de Czege,President - FAX(239)337-5028 WMD EAS Report for Emmanuel Lutheran Church±21.7 Acre Tract,Section 18, T48S, R28E, Oil Well Road, Collier County, Florida Update:Jan. 1 8,2013 4. Fish,Wildlife,Listed Species and their Habitats: The endangered species survey was conducted on March 16, 2007, again on October 8, 2010,and again on Nov. 17,2012. During the last event,the day was warm, in the low 80s,with light breeze,and scattered clouds. Special attention was given to gopher tortoises, burrowing owls,wading birds,and alligators. No listed endangered or threatened species were observed on the subject property. The following describes the survey methodology and results. Endangered Species Survey Methodology: The entire project site has been field surveyed for endangered species using a modification of the transect line methods established by the Florida Fish and Wildlife Conservation Commission (FWC). The modified survey methodology has proven effective in covering 90-95%of the sites surveyed. The modified strip census uses meandering transect lines at 75' - 100' intervals. The meanders extend into adjoining transect lines to provide a near 100%coverage. The frequency of the meanders is determined by the ground cover and visibility. More densely vegetated areas receive a greater frequency of meanders,thus decreasing the area between meanders in some • habitats to as nears as 12' apart. If the terminus flagging markers of the transect lines are not visible,then survey flagging tape is attached to vegetation at the outer extent of the transect meanders to mark the coverage area for that transect. The visibility of the flagging tape assists in maintaining the transect direction, and is used as a gauge for determining the frequency of meanders within a transect area. Each tape must be visible from the previous meander. On the subsequent transects,the flagging tape is removed and relocated at the outer limits of it's transect area. Faunal species which do not lend themselves to the typical transect line survey methodology typically used for determining stationary floral and faunal species,require an additional method of observation.These species can be best observed by using game stalking techniques and periodic observations with field glasses at frequent intervals along transect lines. The frequency and duration of observations are determined by habitat density, species observed, and the stalking skills of the observer. The ability to blend into the surroundings is another key requirement for success. Any species observed were noted on an aerial photograph as to location and number of species sighted. Species presence and abundance on a given site cannot be determined for all species listed. Therefore, fauna which are mobile,transient,or deceptive are not always observed during a typical field survey such as required by Collier County. This is especially true for species abundance. Therefore,the status of each species is listed as to presence and numbers observed,and those species which can be reasonably surveyed for abundance is , • provided with such data. - 5- Southern Biomes, Inc. • Division of Environmental Information Services 1602 Woodford Ave., Fort Myers,FL 33901 - mail to: P.O. Box 50640,Fort Myers,FL 33994 Ph. (239)334-6766 - Geza Wass de Czege,President - FAX(239)337-5028 WMD EAS Report for Emmanuel Lutheran Church±21.7 Acre Tract, Section 18,T48S, R28E,Oil Well Road, Collier County, Florida Update:Jan. 1 8,2013 Habitats Surveyed: Observed Code Description Species 110 Demolished Residential Site -0- 211 Pastureland,Abandoned -0- 411 Pine Flatwoods -0- 530 Borrow Lake(OSW) -0- Endangered Species Observations: Below are listed species that are typically expected to be observed within the habitats identified on the project site,or similar habitats within Collier County. Observation notes and comments are made on each species. Endangered Species Expected to be Observed on Similar Habitats UPLAND SPECIES: Common Name Scientific Name Obs. Comments • Eastern indigo snake Drymarchon corals couperi no not observed gopher tortoise Gopherus polyphemus no not observed gopher frog Rana areolata no not observed S'eastern American Kestrel Falco sparverius paulus no not observed American bald eagle Haliaetus leucocephalus no not observed Burrowing owl Speotyto cunivularia no not observed Least tern Sterna antillarum no not observed Florida panther* Fells concolor coryi no not observed Fox squirrel Sciurus niger no not observed Florida black bear* Ursus americanusfloridanus no not observed twisted air plant Tillandsia flexuosa no not observed Florida coontie Zamia Floridana no not observed Red-cockaded woodpecker Picoides borealis no not observed WETLAND SPECIES: Common Name Scientific Name Obs. Comments American alligator Alligator mississippiensis no not observed Eastern indigo snake Drymarchon corals couperi no not observed Little blue heron Egretta caerulea no not observed Snowy egret Egretta thula no not observed Tricolored heron Egretta tricolor no not observed White Ibis Eudocimus albus no not observed Wood stork* Mycteria americana no not observed Everglades mink Mustela vision evergladensis no inappropriate habitat NOTE:The listed species identified with an"*"and hi-lited in bold have potential of be in the area,or may inhabit similar habitats as found on the subject property,and therefore have been provided with additional information to confirm its status and whether the project may affect the species. • i - 6 - • Southern Biomes, Inc. Division of Environmental Information Services 1602 Woodford Ave., Fort Myers,FL 33901 - mail to: P.O. Box 50640,Fort Myers,FL 33994 Ph. (239)334-6766 - Geza Wass de Czege,President - FAX(239)337-5028 WMD EAS Report for Emmanuel Lutheran Church±21.7 Acre Tract, Section 18,T48S, R28E,Oil Well Road, Collier County, Florida Update:Jan. 1 8,2013 Discussion and Conclusion: As previously noted,no endangered,threatened,or species of special concern were observed on the property during any of the listed species surveys. Special attention was given the gopher tortoise and burrowing owls in the uplands, and wading birds along the lake fringe. Because the area is completely isolated from all other undeveloped natural areas,and is surrounded by a network of roadways and residential developments, it is considered inaccessible and undesirable habitat for any large size listed species,either for foraging or nesting,and as expected,none were observed. However,although no listed species were observe,the woodstork,black bear, and Florida panther have been known to be found within a mile of this area,may potential be affected by the project,and therefore will be discussed in more detail below. Wood stork(Mvcteria americana): The wood stork is listed as endangered by the U.S.Fish and Wildlife Service(FWS).Although it has not been observed on the subject property,there are four documented wood stork colonies which have their designated 18.6 mile radius core foraging range(CFR) extending beyond the limits of the subject property(see attached aerial depicting the foraging habitat ranges for these colonies).Two are within the Corkscrew swamp, • approximately 7.5 miles from the subject property, one is in the area of North Catherine Island, approximately 5.1 miles from the property, and the last colony is in Okaloacoochee Slough, about 18 miles from the property. The subject property is within the designated range for "suitable foraging habitat"(SFH) for all of these colonies, and therefore could be considered having a"may affect"status by the FWS. However,because the existing property and the borrow lake is of low quality for foraging wading birds,the proposed impacts are minimal, if at all. In addition,the proposed restoration of the lakes steep side slopes to one that provides a more desirable vegetated littoral zone,will provide foraging habitat that previously was not available,and a management plan for the herbaceous wetland areas will insure seasonal foraging areas. Therefore,the project will have no net loss of habitat,and further consultations should not be required for the wood stork. Florida Panther(Puma concolor corvi): The Florida panther is listed as endangered by the both the U.S.Fish and Wildlife Service(FWS) and the Florida Fish and Wildlife Conservation Commission(FWC). However,the(FWS has lead responsibility for recovery of the Florida panther, and all Federal agencies including FWS are responsible for contributing to panther conservation pursuant to section 7(a)(1)of the Endangered Species Act. The project is located 2.5 miles outside of the Focus Area or Priority I or II habitats, as designated by the FWS. Attached aerials delineate these zones as they relate to the subject property. Panthers are known to have crossed Oil Well Road within 3.5 miles east of the property,within Priority I habitat. • However,because the existing property is not in any of the designated focus areas,and is of low quality,with majority of it consists of old pastureland,with minimal cover,and located within - 7 - Southern Biomes, Inc. Division of Environmental Information Sermes 1602 Woodford Ave, Fort Myers,FL 33901 - marl to P.O.Box 50640,Fort Myers,FL 33994 Ph, (239)334-6766 - Geza Wass de Czege,President - FAX(239)337-5028 WMD EAS Report for Emmanuel Lutheran Church*21,7 Acre Tract Section 18,T48S,R28E,Oil Well Road, Collier County,Florida Update:Jan. 1 8,2013 an area scattered with residential homes and public schools,the proposed impacts would be considered minimal,if at all Therefore,since the project will have no net loss of habitat used be panthers or its prey,or impact any corridors used by panthers,there should be a no affect determination,and no further consultations should be required for the Florida panther. Florida Black Bear(Ursus americanus floridanus): The Florida black bear is not listed on the federal Endangered Species Act, but was protected as a threatened animal by the State of Florida until June of 2012, when it was removed from the list by a unanimous vote of the Florida Fish and Wildlife Conservation Commission(FWC),and took effect in August 2012. Although the Florida black bear has been removed from the list of State-designated Threatened Species(68A- 27.003, F.A.C.),as per the newly approved Florida Black Bear Conservation Rule 68A-4.009, Florida Administrative Code(FA.C.), it is still unlawful to injure or kill bears.The rule also states FWC will continue to engage with landowners and regulating agencies to guide future land use to be in line with the objectives of the Florida Black Bear Man:,:ernent Plan. In addition,The Commission will provide technical assistance to land owners and comments to permitting agencies in order to minimize and avoid potential negative human bear interactions or impacts of land modifications on the conservation and management of black bears.The Commission will base its comments and recommendations on the goals and objectives of the approved Florida Black Bear Management Plan.The plan can be obtained at http://myfwe.comibear/. The subject property,although not significantly forested,or considered bear habitat,there are numerous telemetry data showing bear within 15 miles of the site,and there have been numerous nuisance bear complaints within a few hundred yards of the property. There have been three road kills reported within 1.5 miles of the property. Two aerial exhibits are attached to this report showing bear activity data within the vicinity of the property. Because the black bear has been considered a nuisance in the area,special guidelines are provided to help minimize bear encounters when living in bear country. • Secure garbage in a shed,garage,or place it in a bear resistant garbage container • Put garbage out on the morning of pick-up rather than the night before • Secure commercial garbage in bear resistant dumpsters • Clean outdoor grills and store them in a locked, secure place • Pick any ripe fruit from trees and remove fallen fruit from the ground! It is illegal to intentionally place food or garb::,e out that attracts bears and causes conflicts. Anything that attracts dogs, cats,or racoons will attract bears! If you see or suspect that someone is feeding or attracting bears,please call Wildlife Alert Hotline 1-888-404-3922. - 8 S Southern Biomes, Inc. Division of Environmental Information Services 1602 Woodford Ave., Fort Myers,FL 33901 - mail to: P.O. Box 50640,Fort Myers, FL 33994 Ph. (239)334-6766 - Geza Wass de Czege, President - FAX(239)337-5028 WMD EAS Report for Emmanuel Lutheran Church±21.7 Acre Tract,Section 18,T48S, R28E, Oil Well Road, Collier County, Florida Update:Jan. 1 8,2013 5. SOILS: The entire site is made up of Immokalee fine sand soils,an upland soil of flatwoods communities. 6. IMPACTS TO WETLANDS AND OTHER SURFACE WATERS: There is one(1)other surface water(OSW)wetland community associated with the property. This community consists of a reclaimed borrow lake(FLUCCS Code 530). The lake will be enlarge and used for the stormwater management area. No impacts are assessed and no mitigation required. • I • -9 - Southern Biomes, Inc. • Division of Environmental Information Services 1602 Woodford Ave., Fort Myers,FL 33901 - mail to: P.O. Box 50640,Fort Myers, FL 33994 Ph. (239)334-6766 - Geza Wass de Czege,President - FAX(239)337-5028 WMD EAS Report for Emmanuel Lutheran Church±21.7 Acre Tract, Section 18,T48S, R28E, Oil Well Road, Collier County, Florida Update:Jan. 1 8,2013 Exhibits Vegetation & Cover Map Vegetation & Cover Map over Aerial Wood Stork Colonies 18.6 Mile Radius Foraging Habitat Limits • Florida Panther Focus Area Map Florida Panther Priority I & II Habitats Map Florida Black Bear Road Kill Locations Map Recorded Nuisance Black Bear Locations Map • - io- • Southern Biomes, Inc. Division of Environmental Information Services 1602 Woodford Ave., Fort Myers, FL 33901 - mail to: P.O. Box 50640,Fort Myers, FL 33994 Ph. (239)334-6766 - Geza Wass de Czege, President - FAX(239)337-5028 WMD EAS Report for Emmanuel Lutheran Church±21.7 Acre Tract,Section 18,T48S, R28E, Oil Well Road, Collier County, Florida Update:Jan. 1 8,2013 Vegetation & Cover Map OIL WELL ROAD 814 411 x 411 Ng i ' 110 �M 1 211 w° IA 530 ZONED:E ESTATE (LAND USE 1S MAIL rAYIV AND VACANT) HABITAT SUMMARY CODE DESCRIPTION ACRES 110 Demolished Residential Site 1.6 211 Pastureland,Abandoned 16.7 411 Pine Flatwoods 1.1 530 Borrow Lake(OSW) 2.2 814 Oil Well Road ROW 03 TOTAL ±21.7 • - 11 - Southern Biomes, Inc. III Division of Environmental Information Services 1602 Woodford Ave., Fort Myers, FL 33901 - mail to: P.O.Box 50640,Fort Myers,FL 33994 Ph. (239)334-6766 - Geza Wass de Czege,President - FAX(239)337-5028 WMD LAS Report for Emmanuel Lutheran Church±21.7 Acre Tract, Section 18,T48S,R28E, Oil Well Road, Collier County, Florida Update:Jan. 1 8,2013 Vegetation & Cover Map over Aerial Olt WEU ROAD 814 ".`.fix: F- z s 4" #• , , .. , ,#r N - .. ..4.: , '''. I'I' ., w , ...„:„.* . ... ... 0 . , ,- , .,........,,, . .,,,-,... , ., „ .4, , ., ,-„,,,;__,.,:,„„, , . , ,,: i r '.,:ti.4---1...1*;-- ,;„. ; -„,,'.."1--::-^,!..--,- : ' .4.1*--y s . ...-..„--t4;1, , ,...„..,„ . , . _ -czT _ .• 1 k i e HABITAT SUMMARY CODE DESCRIPTION ACRES 110 Detnolished Residential Site 1.6 211 Pastureland,Abandoned 16.7 411 Pine Flatwoods 1.1 530 Borrow Lake(OSW) 2.2 814 Oil Well Road ROW 0.1 TOTAL X21.7 III - 12 - 0 Southern Biomes, Inc. Division of Environmental Information Services 1602 Woodford Ave., Fort Myers,FL 33901 - mail to P.O- Box 50640,Fort Myers, FL 33994 Ph. (239)334-6766 - Geza Wass de Czege, President - FAX(239)337-5028 WMD F:AS Report for Emmanuel I,utheran Church±21.7 Acre Tract, Section 18, T48S, R28E, Oil Well Road, Collier County, Florida Update:Jan. 1 8,2013 Wood Stork Colonies 18.6 Mile Radius Foraging Habitat Limits '4.-- N. _ , J.- Ile, ., 2. r . �,. I • l ,� 4 I I i 4 i i -4-- N I 2 • .. '` , 7 Southern Biomes, Inc. Division of Environmental Information Services III 1602 Woodford Ave., Fort Myers,FL 33901 - mail to: P.O. Box 50640, Fort Myers, FL 33994 Ph. (239)334-6766 - Geza Wass de Czege, President - FAX(239)337-5028 WMD LAS Report for Emmanuel Lutheran Church±21.7 Acre Tract, Section 18, T48S, R28E,Oil Well Road, Collier County, Florida Update:Jan. 1 8,2013 Florida Panther Focus Area Map F I III __ , _ 1 _ ..p. , _ . „.. r .. .r l ..or . a .F z• —4 k'. . :} ,.r�. Ot F' f11i 4_. Y 4�. I ill .16- „r i .., -.L. ,..... , .. . . II I - , A. > . = - 14 - • Southern Biomes, Inc. Division of Environmental Information Services 1602 Woodford Ave., Fort Myers,FL 33901 - mail to: P.O. Box 50640,Fort Myers, FL 33994 Ph. (239)334-6766 - Geza Wass de Czege,President - FAX(239)337-5028 WMD EAS Report for Emmanuel Lutheran Church±21.7 Acre Tract,Section 18,T485, R28E, Oil Well Road, Collier County,Florida Update:Jan. 1 8,2013 Florida Panther Priority I& I1 Habitats Map • y i* f;.{ i>x r t ',ti ,i y 1 3 V d • ; f fr 1 I, �'�. J . w ! r u . - ,. ini-----'1.7t--; T f at o fir- s...... .,-4 U),....,....,' ■ r 1''",‘ --1'.', ,,,'1,. - ...L-', _ ill ., , , ,.. ,, ,.,..., .:2,,-, t ..- ..-...- ...... 1.;--- ..,-_- -.. . - ' - , { 1 a 4 5 Southern Biomes, Inc. Division of Environmental Information Services • 1602 Woodford Ave., Fort Myers,FL 33901 - mail to P.O.Box 50640,Fort Myers,FL 33994 Ph. (239)334-6766 - Geza Wass de Czege,President - FAX(239)337-5028 WM1)LAS Report for Emmanuel Lutheran Church±21.7 Acre Tract, Section 18,T48S, R28E, Oil Well Road, Collier County, Florida Update:Jan. 1 S,2013 ill F,,,,,,orida Black Bear Road Kill Locations Map 1 eltall - Y .. ..z yam„ ' ir. 4 a _ A , rt L '�y t �� a v r — r t rift'll f ',21-.°:,,e, '_ ;'14' z' - I i, ._ 110 Southern Biomes, Inc. Division of Environmental Information Services 1602 Woodford Ave., Fort Myers,FL 33901 - mail to P.O. Box 50640, Fort Myers, FL 33994 Ph. (239)334-6766 - Geza Wass de Czege, President - FAX(239)337-5028 WMD EAS Report for Emmanuel Lutheran Church±21.7 Acre Tract, Section 18, T48S, R28E, Oil Well Road, Collier County,Florida Update:Jan. 1 8,2013 Recorded Nuisance Black Bear Locations Map �t ,. t 0 000 i 4461h, ice,.. , , , - r =a r , , . ,, I__ „,.., __ ." ,. .Ps,,f4 — — 1:3 t p , , : _ ,_ t,....1-- - ' 14 -..- ' -- s 113C 9a: " *s „ =, y i C3 iii, - _ , Ir t , - ' ' 1 .61i rlit- 1:4"'13',''',''';‘..';I:':i ;'''' r, _ - ___%.:44., :,_.-,,41-,;„ , - - ',..3; Litt t,$ . =if'1'1—I. m 411 . z, - w4- 1,71 . - . rri . .,. °9 1 7 - z xs &+'` • Southern Biomes, Inc. - '‹; • ?., Division of Environmental Services J0 1602 Woodford Avenue,Fort Myers,Florida 33901 ; ?. Tel: (239)334-6766 Cell: (239)340-3000 January 21,2013 Paul Souza, Field Supervisor US Fish and Wildlife Service 1339 20th Street Vero Beach, FL 32960-3559 Dear Mr. Souza: This is in regard to the proposed development of a 21.7 acres parcel of land on Oil Well Road, within the Golden Gate Estates, Collier County, Florida. The majority of site was cleared and converted to cropland,then later pasture, and, more recently, vacant land. The surrounding area is made up of similar vacant land, two public schools, and numerous residential homes typical of Golden Gates Estates. The proposed development will consist of a church and all ancillary structures and parking associated with the church. An environmental assessment report of the site is provided, with detailed land use description, a map, and discussions on any listed species concerns. Although no listed • species were observe, the wood stork, black bear, and Florida panther have been known to be found within a mile of this area, and may potential be affected by the project, and therefore have been discussed in the report. However, the impacts to suitable habitat for these species are minimal, the project is 2.5 miles outside of the Panther Focus Area, or Priority I or II Habitats, and to avoid any negative human-bear interactions, or impacts, special guidelines have been incorporated to mitigate these possibilities. Please review the report, and provide any comment or recommendations the Service feels are necessary, so all concerns are adequately addressed, for a "not likely to adversely affect" determination, and no further action is required. Your prompt response is greatly appreciated. Respectfully, Geza Wass de Czege President/Senior Biologist CC: Terry Cole,Hole Montes,Inc. • • ;„mt Southern Biomes, Inc. F ■ Division of Environmental Services , 1602 Woodford Avenue,Fort Myers,Florida 33901 4 Tel: (239)334-6766 Cell: (239)340-3000 January 21,2013 Mr. Eric Sutton, Director Division of Habitat & Species Conservation Florida Fish and Wildlife Conservation Commission 8535 Northlake Blvd. West Palm Beach, FL 33412 Dear Mr. Sutton: This is in regard to the proposed development of a 21.7 acres parcel of land on Oil Well Road, within the Golden Gate Estates, Collier County, Florida. The majority of site was cleared and converted to cropland,then later pasture, and, more recently, vacant land. The surrounding area is made up of similar vacant land, two public schools, and numerous residential homes typical of Golden Gates Estates. The proposed development will consist of a church and all ancillary structures and parking associated with the church. • An environmental assessment report of the site is provided, with detailed land use description, a map, and discussions on any listed species concerns. Although no listed species were observe, the wood stork, black bear, and Florida panther have been known to be found within a mile of this area, and may potential be affected by the project, and therefore have been discussed in the report. However, the impacts to suitable habitat for these species are minimal, the project is 2.5 miles outside of the Panther Focus Area, or Priority I or II Habitats, and to avoid any negative human-bear interactions, or impacts, special guidelines have been incorporated to mitigate these possibilities. Please review the report, and provide any comment or recommendations the Commission feels are necessary, so all concerns are adequately addressed, and no further action required. Your prompt response is greatly appreciated. Respectfully, Geza Wass de Czege President/Senior Biologist CC: Terry Cole,Hole Montes,Inc. • • EMANUEL EVANGELICAL LUTHERAN CHURCH Sports Field and Garden Section 18, Township 48S, Range 28E • Black Bear Management Plan July, 2015 Turrell &Associates, Inc. . Marine&Environmental Consulting Phone:(239)643-0166 Fax:(239)643-6632 Email:tuna©turrell-ouociates.com • Black Bear Management Plan Emanuel Evangelical Lutheran Church Section 18 Township 48 S, Range 28 E,Collier County. July 2015 1.0 INTRODUCTION This plan provides project management guidelines for the management of habitat, foraging and denning opportunities for the Florida Black Bear (Ursus americanus floridanus), as well as considerations to avoid conflicts with black bears on the proposed Emanuel Evangelical Lutheran Church development project. This document addresses the black bears' background information along with their ecological and biological characteristics and habitat requirements. A description of how planning and site development has been guided in consideration of bears is given within the management plan. The plan briefly describes habitat that will be available,maintenance of the areas to a condition suitable to support black bears and other relevant information. 2.0 PROJECT LOCATION AND DESCRIPTION The proposed Emanuel Evangelical Lutheran Church project is an upland development in Golden Gate Estates.The parcel addresses are 2720 and 2770 Oil Well Road.The Church proposes to build a ballfield and community garden with associated parking on 3.74 acres of the property. The entire site is approximately 21.72 acres in size and the remainder outside of the currently proposed project will remain as it is. Different parcels of the site • have been historically altered through residential development, mowing, clearing, and agriculture. Additionally,there is a large borrow area located on-site. Sheet flows in the area have been altered as a result of the development of Golden Gate Estates. To characterize surrounding land use,single family homes on estate lots are located all around the project site. The project as proposed is to impact approximately 3.74 acres of previously impacted uplands to construct playing fields and a garden. Approximately 1.6 acres of the area proposed for impact is a formerly residential area. Also impacted are 0.11 acres of Pine Flatwoods and 2.03 acres of fallow crop land. 3.0 EXISTING CONDITIONS:HABITAT DESCRIPTIONS The 21.72 acre subject site consists entirely of uplands Most of the uplands are degraded fallow cropland dominated by various grasses and sedges. There is an area toward the road that is dominated by pine flatwoods and saw palmetto. The vegetation surrounding the borrow area is dominated by Brazilian pepper. Fallow ditches still exist on-site from historic agricultural use. 4.0 FLORIDA BLACK BEAR Listed species surveys have been carried out on the subject property in 2014 and 2015. All surveys were conducted according to guidelines of the Florida Fish and Wildlife • Conservation Commission(FWC). Relative to black bears usage of the property,detailed observations for tracks and foraging activities were made. Black Bear Management Plan Emanuel Evangelical Lutheran Church Section 18 Township 48 S, Range 28 E,Collier County. July 2015 4.1 Occurrence on Site While no evidence of black bear utilization was observed on the property during the listed species surveys, it is acknowledged that black bears are frequently seen within Golden Gate Estates. Conversations with FWC staff indicated that black bears have been documented within the vicinity of the project. 4.2 Biology • Listed as a Threatened species by Florida Game and Freshwater Fish Commission (currently known as the Florida Fish and Wildlife Conservation Commission) in 1974,the Florida Black Bear is typically the smallest subspecies of the American Black Bear. The Florida Black Bear is the largest land mammal in Florida, the average weights of females and males are 82 kg and 113 kg. Like all members of the bear family,black bears are large,powerful mammals with rounded ears,short tails, 5-toed feet, and large canine teeth.The species has black hair over the entire body with the occasional exceptions of a brown muzzle and a blonde chest patch. Florida black bears utilize a wide variety of vegetative communities. Important habitat types include pine flatwoods, hardwood swamp, cypress swamp, cabbage • palm forest, sand pine scrub and mixed hardwood han►mock. A combination of these communities is critical for food supply due to the seasonal changes of habitat use coupled with food response and availability. Bears follow a diet pattern linked to food availability with intense seasonal influence. They shift from herbaceous matter in early spring, to soft fruits in summer, to hard mast during fall. Important staples include saw palmetto fruits and hearts, the fruits of swamp tupelo, oaks, blueberry and Gallberry make up approximately 80% of the bears diet. Insects, most importantly the honey bee, yellow jackets, and carpenter ants are regularly included in a normal diet. Small vertebrates taken occasionally consist of rabbit, armadillo, and raccoon while infrequently wild hog and white tailed deer may also be taken. The breeding season for black bears runs from June to July, but cubs are not born until late January to early February; a total gestation period of about 7 months (215 days). Bears have delayed implantation, which halts fetal development at a very early stage until late November or early December, actual developmental gestation is only 6-8 weeks. Litters can contain from 2 to 4 cubs. Cubs separate from their mother when they are approximately 16-17 months old. Population size of the Florida black bear is difficult to estimate, with that said most experts have approximated it between 1,600 and 3,000.Due to the size of its large home range, low population density and slow reproduction rate the Florida black bear is sensitive to excessive mortality. The main threat to population • stability is through habitat loss. Expanding urbanization, agricultural 2 • Black Bear Management Plan Emanuel Evangelical Lutheran Church Section 18 Township 48 S, Range 28 E,Collier County. July 2015 development, and increasing use of the state's wild lands for recreation all have resulted in an accelerated rate of habitat loss. 4.3 Site Development Considerations and Species Management Protocol The total project area associated with this project is approximately 3.74 acres of a 21.72 acres property.There is very little foraging habitat, approximately 1.1 acres along the road(palmetto, grape,and other forage vegetation),for at least a portion of the year, while the remaining acreage are much less suitable to supporting black bear foraging. The owner is aware that Collier County approvals (either a building permit or a vegetation removal permit)will be necessary for native vegetation removal other than nuisance vines and herbaceous vegetation. Prior to commencement of work on the site,fencing and containment surrounding the proposed impact areas will be installed to keep construction equipment within the defined development footprint area. Currently there are no known black bear denning areas onsite. Thus, none would be impacted by the proposed • construction. Educational information and signage will be in place to inform construction personnel of the rules to avoid adverse interactions with on-site wildlife including Florida black bears. The ballfield and garden will be for daytime use only so no night time lighting is proposed for the project. Garbage cans at the ballfield and garden areas will be lockable and designed to prevent wildlife access. All garbage cans will be emptied at least twice a week and within 24 hours of any event which would generate more than normal daily trash output. It is acknowledged that the garden area will produce fruit and/or vegetables that could attract bears. If this does occur,the Church will coordinate with the Florida Fish and Wildlife Conservation Commission (FWC) on appropriate fencing or other exclusion measures. The FWC has substantial information on living with black bears (http://myfwc.com/conservation/you-conserve/wildlife/black-bears/) and relevant information associated with bears will be posted at the site and available in handouts to church members utilizing the community garden.. • 3 TIMOTHY HALL • TURRELL,HALL&ASSOCIATES,INC. 3584 Exchange Avenue Naples,Florida 34104 (239)643-0166 thall @turrell-associates.com Tim Hall is a Principal at Turrell,Hall&Associates,Inc., and is also the Senior Ecologist for the firm. Tim works closely with federal,state, and local agencies to obtain approvals for a number of marina and residential development projects. His skills include plant and animal species identification, wildlife assessments, habitat assessments, wetland delineations, wildlife surveys, wetland restoration,and submerged resource surveys. EDUCATION Baccalaureate Studies: Wildlife Ecology University of Florida, 1986-1989 Masters Studies: Wildlife Ecology&Wetland Ecosystems University of Florida, 1990-1991 Continuing Education • 2014 Presented Paper at National Conference on Beach Preservation to Florida Shore& • Beach Preservation Association(FSBPA),"Clam Bay;A Mangrove Restoration Success Story." • 2008 University of Florida-FDEP SOP Sampling Training for Groundwater, Surface Water and Wastewater • 2006 Florida Green Industries Best Management Practices Course • 2005 Florida Chamber's-Florida Uniform Mitigation Assessment Method Class • 2005 The Florida Chamber's-Growth Management and Environmental Permitting Short Course • 2003 Completed the Department of Environmental Protection Wetland Delineation Training Program. Fort Myers,Florida. • 2002 Completed the FAEP Plant Identification Class with Dr.David Hall ORGANIZATIONS • Naples Botanical Garden(former Director 1998-2000) • The Wildlife Society(former Florida Chapter At-Large Board Member 2010) • Florida Association of Environmental Professionals • Society of Wetland Scientists • Florida Native Plant Society CERTIFICATIONS • Certified Rescue Diver • Authorized Gopher Tortoise Agent • • Timothy Hall Resume Page 2 of 2 ECOLOGICAL&BIOLOGICAL EXPERIENCE Floral and Faunal studies established and conducted in Alaska,Guatemala,Dominican Republic, Angola, and Zaire as well as throughout Florida. Studies conducted include species specific population surveys, vegetation density and diversity surveys, vegetation composition surveys, vegetation/ecological restoration projects. Work in Florida has been varied and ongoing for the last seventeen years. Some of the specific projects completed and/or underway include; • (2011- 2013) Managed a project (Bonita Trail) in the City of Bonita Springs along the Imperial River, where parking, boardwalk access, and a kayak ramp were planned, designed, permitted, construction plans were prepared and bid out, and construction was overseen. • (2011) Conducted a Panther Prey Survey on the Florida City Prison site and coordinated with the state and federal agencies with regards to Panther and Woodstork permitting issues. • (2011 and 2013) Provided lighting and signage coordination and design during activities by the Corps of Engineers in the Caloosahatchee Waterway for repairs and improvements to the Hoover Dike. • (2010- Present) Environmental Manager for the Picayune Strand Restoration Project (Merritt, Faka Union, and Miller Pump Stations), part of the Everglades Restoration • (CERP) Project. Services include weekly conference calls with engineers, consultants and governmental agencies; monthly wildlife education presentations for all new onsite employees; construction oversight; coordination of new nests and any wildlife sightings that are within construction limits or buffer zones; and environmental reporting requirements. • (2008-2009) Conducted the Environmental Assessment and wrote the Environmental Impact Statement for proposed improvements to the 6,000-acre Collier Seminole State Park. • (1999- 2003) Environmental Manager for the permitting of the North Naples Regional Park. Work included environmental studies needed for permitting this 100-acre park and obtaining Environmental Resource Permits. • (1998-Present) Manages the restoration efforts on a 500+acre mangrove preserve (Clam Bay)and producing the 10-Year Clam Bay Management Plan,conducts annual mangrove and submerged resource monitoring within the system and periodically the hardbottom offshore, analyzes water quality data, and provides recommendations for nutrient load reductions to Pelican Bay. I • • LLC Immo ENVIRONMENTAL WA TER RESOURCES COHSTATING August 4,2015 Emmanuel Evangelical Lutheran Church of Naples C/O Nancy L.Lewis 777 Mooring Line Drive Naples,Florida 34102 Re: Soil Sampling Summary Report Specific Purpose Soil Sampling Collier County Planned Unit Development(PUD)Application for Insubstantial Change PL20150000262 Emmanuel Evangelical Lutheran Church of Naples Oil Wen Road,Naples,Collier County,FL Dear Ms. Lewis: RMEC, LLC (RMEC) is pleased to submit this letter report summarizing the specific purpose soil sampling performed at the above-referenced facility in July 2015. A Site Location Map has been attached to this report as Figure I, and a Site & Soil Sample Location Map has been attached as Figure 2. BACKGROUND AND UNDERSTANDING RMEC, LLC (RMEC)was contacted by Hole Mantes, Inc, (HM) to assist in addressing an environmental comment associated with the Emmanuel Evangelical Lutheran Church of Naples' (Emmanuel's)application for a change to its existing MD. More specifically, Hole Montes, Inc. (HM) requested that RMEC address "Correction Comment # 1," authored by Mr. Richard Anderson (Collier County) in the Collier County(CC)Growth Management Department's comment letter dated May 20,2015. Due to the apparent historical agricultural use of the subject property, Mr. Anderson's comment specifically referenced CC's Land Development Code (LDC), Section 3.08,00, • RMEC,LLC • 7381 Monarch Lane,Fort Myers,FL 33912 (239)433-0614 ML Nancy Lewis August 4,2015 • Page 2 of 6 which requested performance, or evidence of prior soil and/or groundwater sampling for site's that occupy farm fields. Following verbal and email correspondence with Mr. Anderson to obtain further clarification on the specific LDC requirement, Mr. Anderson provided an email on June 5, 2015 in which he indicated that Emmanuel would need to demonstrate compliance with LDC 3.08.A.4.d. More specific to the effort described herein, RMEC was tasked with providing a scope to address subsection'`ii,"within Section LDC 3.08.A.4.d. In preparing the scope, RMEC reviewed available historical aerial photography between the years 1962 and 2014, The Emmanuel property is approximately 22 acres in size. Enunanuel purchased the property circa 2006 and since that time has not performed any significant development of the subject property. Review of available historical aerial photography indicated that agriculture use likely by way of row crops, took place on the subject property at least as early as and likely prior • to 1962, and appeared to continue in a consistent fashion until circa 1990, at which time historical aerial photographs appear to indicate that row cropping operations had ceased. Historical aerial photography also indicated the construction of an apparent single family residence in the northwest corner of the subject property between 1995 and 1999. The single family residence was removed from the subject property in 2007 or 2008. A borrow lake measuring approximately 3.5 acres in sue was dug on the property between 1999 and 2004. The borrow lake still exists on the subject property. Review of available historical records and aerial photographs indicates that the subject property was part of a larger agriculture operation that included additional acreage to the east and south of the subject property. The existence of a chemical mixing area on the subject property could not be positively identified in the available historical aerial photographs. Based on the abbreviated review of the property's history, RMEC provided Emmanuel with a scope to perform limited, specific purpose surface soil sampling in order to address CC LDC 3.08.A.4.d.ii. The proposed scope was reviewed and approved by Collier County. imam, ac amic ill ......, . ..,,,,L,...,„.,,..,„....„,. • Ms.Nancy Lewis August 4,2015 Page 3 of 6 The proposed scope included the collection of a total of three(3)surface soil samples at a rate of 1 sample/6 acres. One surface soil sample was proposed for the south I southeast portion of the property, a second in the northeast portion of the property, and a third in the northwest portion of the property, in the vicinity of the former single family home property. All soil samples were to be collected into pre-cleaned, laboratory supplied containers. Samples were to be analyzed at a Florida-state certified laboratory for organochlorine pesticides by Environmental Protection Agency (EPA) method 8081, organochlorine herbicides by EPA method 8151, and the RCRA-8 Metals, which include arsenic, barium,cadmium,chromium, lead,selenium,silver,and mercury. In collecting each soil sample, RMEC proposed to follow Florida Department of Environmental Protection (FDEP) Standard Operating Procedures (SOPs) for Field Investigation Activities. Additionally, RMEC proposed to utilize as a guide for sample collection protocol, the U.S. Fish and Wildlife (FWS) protocol (FWS Protocol) for • evaluation and sampling of historical agriculture properties in South Florida, entitled "Protocol for Assessment, Remediation, and Post-Remediation Monitoring for Environmental Contamination on Everglades Restoration Projects," an attachment to the Draft Memorandum of Agreement between United States Fish and Wildlife Service (USFWS)and the South Florida Water Management District(SFWMD). Below,RMEC provides a summary of field sampling effort,as well as a discussion of the laboratory analytical results. SPECIFIC PURPOSE SOIL SAMPLING—SUMMARY OF FIELD EFFORt RMEC mobilized to the site on July 7, 2015 to perform the specific purpose surface soil sampling effort. RMEC set up in the approximate,proposed location of each of the three sample locations. A total of three (3) soil samples were collected, 'SS-1-South," "SS-2-NE," and "SS-3- NW." The approximate locations of each sample have been depicted on the attached Figure 2,"Site&Soil Sample Location Map." 411 kr.muloom.WARN sesormicoua woo Ms.Nancy Lewis • August 4,2015 Page 4 of 6 As proposed, RMEC utilized the FWS Protocol for collecting discrete, close proximity composite samples. Each of the three samples included the collection of five aliquots collected from each proposed sample point, with one collected from the center-point, and. then four more,each at 5-feet away from the center point in all four cardinal directions. Each aliquot was collected within the top 6 to 12 inches of soil. All five aliquots were then thoroughly mixed in a clean stainless steel bowl, and the resulting mix was placed into pre-cleaned sample containers. RMEC utilized a stainless steel hand shovel for soil sampling digging and collection,and a stainless steel bowl for soil mixing. The stainless steel shovel and bowl were cleaned between each sample with a solution of Alconox (non phosphatic, biodegradable soap) and deionized water. The solution was rinsed off of the shovel and bowl with deionized water,and was allowed to dry between each sample. RMEC utilized a hand-held GPS unit to obtain the approximate coordinates of each sample. The coordinates have been provided on Figure 2. RMEC also took representative photographs as part of the field effort in order to document sampling locations and methodology, including the spacing of the aliquots, and the approximate depth of soil sample collection. The representative photographs have been included as Attachment B, The three samples were packed on ice and shipped to Advanced Environmental. Laboratories, Inc (AEL) in Tampa, Florida to be analyzed for organochlorine pesticides (EPA) method 8081B, organochlorine herbicides by EPA method 8151A, and the RCRA-8 Metals, which include arsenic, barium, cadmium, chromium, lead, selenium, silver, and mercury. RMEC maintained proper chain-of-custody (COC) throughout the event. SUMMARY OF ANALYTICAL RESULTS The laboratory analytical summary report as provided by AEL has been included as Attachment A. Additionally, the analytical data has been summarized on the attached table,Table 1 "Soil Analytical Summary." Review of the analytical data for organochlorine pesticides (EPA 8081B) and organochlorine herbicides (EPA 815IA) indicates that none of the compounds included in the analyses were detected in any of the three soil samples. S Ms.Nancy Lewis August 4,2015 Page 5o16 Similarly, for the RCRA-8 metals,all of the analytes were found to be either not detected, or were detected at concentrations below the respective soil cleanup target levels (SCTLs) for Residential and Commercial uses, as well as for "Leachability based on groundwater,"as defined in F.A.C.,Chapter 62-777,and summarized on Table II. CONCLUSIONS AND RECOMMENDATIONS The specific purpose soil sampling effort described herein was performed at the request of Collier County's Growth Management Department to satisfy LDC 3.08.AA.d.ii. RMEC's proposed scope was reviewed and approved by Collier County prior to implementation. A total of three soil samples were collected on the site. The samples were collected at an approximate rate of 1 sample / 6 acres. The samples were collected using the aforementioned FINS Protocol, ensuring that sample collection procedures were generally consistent with commonly utilized practice for surface soil sampling on existing, or former agricultural sites in South Florida. • All samples were analyzed by organochlorine pesticides (EPA 8081B), or::nochlorine herbicides (EPA 8151A), and the RCRA-8 metals. Review of the analytical results indicate that for all samples, all analytes were either not detected, or were detected at concentrations below the respective SCTLs. Based on the results of this specific purpose soil sampling event, RMEC does not recommend additional soil sampling. *NOTE: It should be noted that performance of the Specific Purpose Soil Sampling described herein does not constitute performance of a Phase I Environmental Site Assessment (ESA), nor a Phase II ESA. The Specific Purpose soil sampling described herein is intended oh to address Collier County's Land Development Code,Section 3.08.A.4.d.ii. This Specific Purpose Soil Sampling scope of services is not intended to serve as a Phase I ESA, or a Phase II ESA. RMEC has no knowledge of any prior Phase I ESAs, or Phase II ESAs previously performed on the subject property. 1MO asie IL won Ms.Nancy Lewis • August 4.2015 Page 6 of 6 If you have any questions. please contact us at (239) 898-2717 or email, dan a.rmec- llc.com, or ronaa,rmec-Ilc.com. RMEC,LLC 9,..1 i' r Daniel V. Scippo Senior Project Manager RMEC,LLC • ,.\....."/-40410/ •0 t' ` Ronald M. Ed- eld, P.E. Principal Member Florida P.E.#45200 ATTACHMENTS: Figure 1 Site Location Map Figure 2 Site& Soil Sample Location Map Table 1 Soil Analytical Summary Table Attachment A Laboratory Analytical Summary Report Attachment B Field Event Photographs cc: File III ...114k M LLC • WatrAftMratEMPOSERIM FIGURES • • 1\1"-im LLC EKVIRON IPNTAL WATER RESOURCES CO(IRUI.TINO ■,...tc.Irvuly '7- I elda (I. t ,,......, SUBJECT- PROPERTY Immokalee ki , ,_ _ AtiM10011 1,0iNscrev, I' SPiRrtlp Sanctimr4,- Bonita Sorinv, Ave Maria I iarker Orangeir- , (-- i North Naple S „..„ I t i ) I roridwairi;axhsziNtigationai --- , t Lci Golden Gate s . 4...... • woke* Naples 'yl 1'u-tip me Strand State Forest _- Lely I akahatchee Strand i State f-treserve r i i -, - Jerome Marco Island Brg Cypress 4 National I'reserve c Hooe' v fia, -) - i 4 *1 on( ' F ,, ,(..j I a d f,, . , Image......Source: Google Maps-August 2015 rhokrAriskPP III _I____, EMMANUEL EVANGELICAL LUTHERAN CHURN OF NAPLES FIGURE Vi---=- LOCATION MAP { 7381 140NAIKIN LANE COLLIER COUNTY PUD APR#PL20150000262 SPECIFIC PURPOSE SOIL SAMPLING 1 FORT WM,PL31412 Mfg 413300,14 OIL WELL ROAD,NAPLES,COLLIER COUNTY,FLORIDA NOT TD WALL T C', i t'ng • Alp f 1.; Cc -cr 0 73 w ,....., r z M pm O 1 \ ggf' w 0 6 _ 1. Z 2 zz �D f -74.: co :, w T -, (-) u,a- lit " z • 5' N G7 5Z - a) U7y t. V W V e N _ 'Cn '7-1 w • 4 'I' w � � 0,20 w � fn s tv o 3 "o o N V C O 01 N A F l t'. ^Y1 n g Z . _. my ,.. v£, 6)o a _... ; m 4 n 3 3 fk jj��?(( . 4i y. 2 0 . Q J • I r SITE&SOIL SAMPLE EMMANUEL EVANGELICAL LUTHERAN CHURCH OF NAPLES C LOCATION MAP COLLIER COUNTY PUD APPLICATION PL20150000282 N . JULY 7, 2015 SPECIFIC PURPOSE SOIL SAMPLING 1ORIMWRS 3.1.31111! OIL WELL ROAD.NAPLES.COWER COUNTY.FL 34120 0404.134414 TABLE mess — 1V1 LLC • ailVlitONMENTAL WATER RESOURCES CCIP4SULTieii R. li i . . F 0 • i'''S g I i (4 i a ti � g = " aa � F a' $ 1y 0 ' ; „ . 51 t 6 i 8 $ p �, V A, .t, s : 3 C >V C Annals(m9JK0) c c c _ 5.�4” e c c IPA a n(POW A 0 0•5S $ Iadum(m9JK9) g g a n�_ _ c cP c 1 8 -x0. waxg) . z-0 P . f $ .......( 9)r, 13 • (g O N u `! e NCb Q„,) a fl c c c n _ + ^' S (B IA N N a1R q' Y C N N C kl y 8 Chromium(myK9) m c c e Ili f c c c t•. t - •arcs O WK01 g S B Lean(m9rK9) W C C C C G C •.•, N-nIW) g 3 a 8 r$-..4 w Mercury(mt$C$ C C &' . ....moo 6 0 5 5 v '§ p� •DO,4,491.04$ m C▪ - c _ _ _ c c c 8 RI p a 9lM ( K9) C C C t$j N N • � 1'• . . . H -... � d C C C ••4i'�• (WWK9I C gg Q$ pp k yy yy 44 O{ S• O li 4 a ra IIIVI m9Ma, 2S 6 a 313 .A„.„„, D C C IC '11 •�• ,44 I IK91 Q2 .p1 g ., �1 yy P O •'. g • n(.K9) 1 ifIlliV 10 '. . C �- s N G et: ilk C j Zs g c c c rt•c c c C j: B 0 S iii 11111 C C C 1J _ C C C 1 - tl(VOrK9)a 3 ij ii i 1 A, : : .~. reksulfen sulfate i I V, S 1 c c c "..� $ 1 I" I s r s c e l o g - -: O+n� r 7 silts' : 1a 4. , c c c t-J: v N )(W f m iP n ■ s' a �q F1�•P sS g A t 9r9rK9) a ,,..4. I 1 3 Sc m m W £ mm�dnnnyae C C ) 11 8 N c C c c c l: p N 9UK9 L I 'Ny z ffi F O N N 3 $ s "xi" i . . . • i• 3 " ,.. nwm 9C, c c c . 8 8 441140 p Y.' m =a 8 eVrazychefr(p aa) y c c c q R 0 74 i i >s S p i g s 9wK0) Y c c c 3 a I . 'L J ATTACHMENT A Soil Analytical Summary Report S LLC ENV WATER RESOURCf3MNSUlTNO Advanced Environmental Laboratories,Inc 9610 Princess Palm Ave Tampa,FL 33619 advanced Payments: P.O.Box 551580 Jacksonville,FL 32255-1580 Environmental laboratories,Inc Phone (813)630.9616 Fax:(813)630-4327 July 28,2015 Dan Scippo RMEC LLC 7381 Monarch Lane Fort Myers,FL 33912 RE; Workorder: T1509243 Emmanuel Lutheran Dear Dan Scippo: Enclosed are the analytical results for sample(s)received by the laboratory on Thursday,July 09,2015. Results reported herein conform to the most current NELAC standards,where applicable,unless otherwise narrated in the body of the report.The analytical results for the samples contained in this report were submitted for analysis as outlined by the Chain of Custody and results pertain only to these samples. If you have any questions concerning this report,please feel free to contact me. 411 Sincerely, WAnothe. Angela Harlan AHarlan@AELLab.corn Enclosures Report ID:377256-5693038 Page 1 of 17 • CERTIFICATE OF ANALYSIS This report shall not be reproduced,except in full, without the written consent of Advanced Environmental Laboratories,Inc. o, 3004.1.0.0 ............ Advanced Environmental laboratories,Inc Ve `t 9610 Princess Palm Ave Tampa,FL 33619 Advanced Payments: P.O.Box 551580 Jacksonville,FL 32255-1580 Environmental ta6Qratories,lAG Phone:(813)630-9616 Fax`(813)630.4327 SAMPLE SUMMARY Workorder: T1509243 Emmanuel Lutheran Lab ID Sample ID Matrix Date Collected Date Received T1509243001 SS-1-South Soil 7/7/2015 13:25 7/9/2015 14:30 T1509243002 SS-2-NE Soil 7/7/2015 13:55 7/9/2015 14:30 T1509243003 SS-3-NW Soil 7/7/2015 14:30 7/9/2015 14:30 • Report ID:377256-5693038 Page 2 of 17 III CERTIFICATE OF ANALYSIS This report shall not be reproduced,except in full. without the written consent of Advanced Environmental Laboratories.Inc t a�a �- R 3004 1.0.0 Advanced Environmental Laboratories,Inc 0: 8d�aaced 9610 Pnncess Palm Ave Tampa,FL 33619 • 1111+P rltnp[t} +� gpttp ll Inc. Payments: PO.Box 551580 Jacksonville,FL 32255-1580 Environmental laboratories. n Phone:(813)630-9616 Fax.(813)630-4321 ANALYTICAL RESULTS Workorder: T1509243 Emmanuel Lutheran Lab ID: 71509243001 Date Received: 07/09/15 14:30 Matrix: Soil Sample ID: SS-1-South Date Collected: 07/07/15 13:25 Results for sample 11 50 9 24 3 00 1 are reported on a dry weight basis. Sample Description: Location: Adjusted Adjusted Parameters Results Qual Units OF PQL MDL Analyzed Lab METALS Analysis Desc:SW846 6010B Preparation Method:SW-846 3050E Analysis,Soils Analytical Method:SW-846 6010 Arsenic 0.030 U mg/Kg 1 0.26 0.030 7/21/2015 06:05 T Barium 0.33 mg/Kg 1 0.052 0.0031 7/21/201506:05 T Cadmium 0.056 mg/Kg 1 0.023 0.0036 7/21/201506:05 T Chromium 0.50 mg/Kg 1 0.052 0.0060 7/21/2015 06:05 T Lead 0.33 mg/Kg 1 0.26 0.038 7/21/201506:05 T Selenium 0.093 U mg/Kg 1 0.78 0.093 7/21/2015 06:05 T Silver 0.024 U mg/Kg 1 0.13 0.024 7/21/2015 06:05 T Analysis Desc:SW846 7471AAnatysis, Preparation Method:SW-846 7471A 0 Soil Analytical Method:SW-846 7471A Mercury 0.0011 U mg/Kg 1 0.0032 0.0011 7/15/2015 17:05 T SEMIVOLATILES Analysis Desc:8081 B Pesticide Preparation Method:SW-846 3550B Analysis,Soil Analytical Method:EPA 8081 4,4'-DDD 3.2 U ug/Kg 5 20 3.2 7/16/2015 18:05 J 4.4'-DDE 2.4 U uglKg 5 20 2.4 7/16/2015 18:05 J 4,4'-DDT 5.4 U ug!Kg 5 20 5.4 7/16/2015 18:05 J Aldrin 2.9 U ug/Kg 5 20 2.9 7/16/2015 18:05 J Chlordane(technical) 79 U ug/Kg 5 200 79 7/16/2015 18:05 J Dieldrin 2.5 U ug/Kg 5 20 2.5 7/16/2015 18:05 J Endosulfan I 3,0 U ug!Kg 5 20 3.0 7/16/2015 18:05 J Endosulfan II 2.1 U ug/Kg 5 20 2.1 7/16/2015 18:05 J Endosulfan Sulfate 3.6 U ug/Kg 5 20 3.6 7/16/2015 18:05 J Endrin 5.4 U ug/Kg 5 20 5.4 7/16/2015 18:05 J Endrin Aldehyde 3.2 U ug/Kg 5 20 3.2 7/16/2015 18:05 J Heptachlor 3.6 U ug/Kg 5 20 3.6 7/16/2015 18:05 J Heptachlor Epoxide 2.7 U ug/Kg 5 20 2.7 7/16/2015 18:05 J Methoxychlor 3.9 U ug/Kg 5 20 3.9 7/16/2015 18:05 J Toxaphene 140 U ug/Kg 5 200 140 7/16/2015 18:05 J alpha-BHC 3.3 U ug/Kg 5 20 3.3 7/16/2015 18:05 J beta-BHC 2.3 U ug/Kg 5 20 2.3 7/16/2015 18:05 .1 delta-BHC 2.3 U ug/Kg 5 20 2.3 7/16/2015 18:05 J gamma-BHC(Lindane) 3.4 U ug/Kg 5 20 3.4 7/16/2015 18:05 J Tetrachloro-m-xytene(5) 0 1 % 5 42-129 7/16/2015 18:05 Report ID:377256-5693038 Page 3 of 17 0 CERTIFICATE OF ANALYSIS This report shall not be reproduced,except in full, without the written consent of Advanced Environmental Laboratories,tnc e o•o�4 3004.1.0.0 - Advanced Environmental Laboratories,Inc 9610 Princess Palm Ave Tampa.FL 33619 fi ldvaaced Payments: P C) Hox 551580 Jacksonville,FL 32255-1580 J . Environmeftal laboratories,Inc. Phone:(813)630-9616 Fax.(813)630.4327 ANALYTICAL RESULTS Workorder: T1509243 Emmanuel Lutheran Lab ID: T1509243001 Date Received. 07/09/15 14:30 Matrix: Soil Sample ID: 5S-1-South Date Collected: 07/07/15 13:25 Results for sample 11509243001 are reported on a dry weight basis. Sample Description: Location: Adjusted Adjusted Parameters Results Qual Units DF PQL MDL Analyzed Lab Decachlorobiphenyl(S) 0 1 % 5 63-130 7/16/2015 18:05 Analysis Desc:8151A Herbicides Preparation Method:8151 Analysis,Soil Analytical Method:EPA 8151 2,4,5-T 8.3 U ug/Kg 1 16 8.3 7/27/2015 01:18 J 2.4-0 29 U ug/Kg 1 49 29 7/27/2015 01:18 J 2,4-DB 17 U ug/Kg 1 49 17 7/27/2015 01:18 J Dalapon 56 U ug/Kg 1 160 56 7/27/2015 01:18 J Dicamba 7.2 U ug/Kg 1 16 7.2 7/27/2015 01:18 J Dichloroprop 26 U ug/Kg 1 49 26 7/27/2015 01:18 J Dinoseb 12 U ug/Kg 1 16 12 7/27/2015 01:18 J MCPA 1600 U ug/Kg 1 8200 1600 7/27/2015 01:18 J MCPP 1600 U ug/Kg 1 8200 1600 7/27/2015 01:18 J • Pentachlorophenol 4.9 U ug/Kg 1 8.2 4.9 7/27/2015 01:18 J Silvex(2,4,5-TP; 5.7 U ug/Kg 1 16 5.7 7/27/2015 01:18 J 2,4-Dichlorophenylacetic acid 201 J4 % 1 46-122 7/27/2015 01:18 J (S) SEMIVOLATILES Analysis Desc:Percent Analytical Method:SM 2540G Solids,SM2540G,Soil Percent Moisture 6.2 % 1 0.0010 0.0010 7/1312015 09:34 T Lab ID: 11509243002 Date Received: 07/09/15 14:30 Matrix: Soil Sample ID: SS-2-NE Date Collected: 07/07/15 13:55 Results for sample 11 50 9243 002 are reported on a dry weight basis. Sample Description: Location: Adjusted Adjusted Parameters Results Qual Units OF PQL MDL Analyzed Lab METALS Analysis Desc:SW846 60108 Preparation Method:SW-846 3050B Analysis,Soils Analytical Method:SW-846 6010 Arsenic 0.030 U mg/Kg 1 0.26 0.030 7/21/2015 06:11 T Barium 0.79 mg/Kg 1 0.053 0.0032 7/21/2015 06:11 T Cadmium 0.11 mg/Kg 1 0.024 0.0037 7/21/2015 06:11 T Chromium 1.2 mg/Kg 1 0.053 0.0061 7/21/2015 06:11 T Lead 0.69 mg/Kg 1 0.26 0.038 7/21/2015 06:11 T Report ID:377256-5693038 Page 4 of 17 • CERTIFICATE OF ANALYSIS This report shall not be reproduced,except in full, without the written consent of Advanced Environmental Laboratories,Inc ♦C o`er 6, 3004.1.0.0 Advanced Environmental Laboratories,Inc Rhn ,{ 9610 Princess Palm Ave Tampa.FL 33619 • 4111- I ( �`rC�(( } i g}, g} Inc. Payments P.O.Box 551580 Jacksonville,FL 32255-1580 Environmental LRAOratones. n Phone:(813)630-9616 Fax (813)630-4327 ANALYTICAL RESULTS Workorder: 11509243 Emmanuel Lutheran Lab ID: T1509243002 Date Received: 07/09/15 14:30 Matrix: Soil Sample ID: 55-2-NE Date Collected 07/07/15 13:55 Results for sample 11509243002 are reported on a dry weight basis. Sample Description: Location: Adjusted Adjusted Parameters Results Qual Units OF PQL MDL Analyzed Lab Selenium 0.095 U mg/Kg 1 0.79 0.095 7/21/2015 06:11 T Silver 0.029 I mg/Kg 1 0,13 0.024 7/21/2015 06:11 T Analysis Desc:SW846 7471AAnalysis, Preparation Method:SW-846 7471A Soil Analytical Method:SW-846 7471A Mercury 0.0016 I mg/Kg 1 0.0033 0.0011 7/15/2015 17:05 1 SEMIVOLATILES Analysis Desc:80818 Pesticide Preparation Method:SW-846 35508 Analysis,Soil Analytical Method:EPA 8081 4,4'-DOD 2.9 U ug/Kg 5 18 2.9 7/16/2015 18:25 J IP 4.4.-DOE 2.2 U ug/Kg 5 18 2.2 7/16/2015 18:25 J 4,4'-DDT 4.9 U ug/Kg 5 18 4.9 7/16/2015 18:25 J Aldrin 2.6 U ug/Kg 5 18 2.6 7/16/2015 18:25 J Chlordane(technical) 72 U ug/Kg 5 180 72 7/16/2015 18:25 J Dieldrin 2.3 U ug/Kg 5 18 2.3 7/16/2015 18:25 J Endosulfan I 2.8 U ug/Kg 5 18 2.8 7/16/2015 18:25 J Endosulfan II 1.9 U ug/Kg 5 18 1.9 7/16/2015 18:25 J Endosulfan Sulfate 3.3 U ug/Kg 5 18 3.3 7/16/2015 18:25 J Endrin 4.9 U ug/Kg 5 18 4.9 7/16/2015 18:25 J Endrin Aldehyde 2.9 U ug/Kg 5 18 2.9 7/16/2015 18:25 J Heptachlor 3.3 U ug/Kg 5 18 3.3 7/16/2015 18:25 J Heptachlor Epoxide 2.4 U ug/Kg 5 18 2.4 7/16/2015 18:25 J Methoxychlor 3.6 U ug/Kg 5 18 3.6 7/16/2015 18:25 .1 Toxaphene 130 U ug/Kg 5 180 130 7/16/2015 18:25 J alpha-BHC 3.0 U ug/Kg 5 18 3.0 7/16/2015 18:25 J beta-BHC 2.1 U ug/Kg 5 18 2.1 7/16/2015 18:25 J delta-BHC 2.1 U ug/Kg 5 18 2.1 7/16/2015 18:25 J gamma-BHC(Lindane) 3.2 U ug/Kg 5 18 3.2 7/16/2015 18:25 J Tetrachloro-m-xylene(S) 0 1 % 5 42-129 7/16/2015 18:25 Decachlorobiphenyl(S) 0 1 % 5 63-130 7/16/2015 18:25 Analysis Dese:8151A Herbicides Preparation Method:8151 Analysis,Soil Analytical Method:EPA8151 2,4,5-T 8.7 U ug/Kg 1 17 8.7 7/27/2015 01:46 J 2,4-D 31 U ug/Kg 1 51 31 7/27/2015 01.46 J 2,4-DB 18 U ug/Kg 1 51 18 7/27/2015 01:46 J Dalapon 59 U ug/Kg 1 170 59 7/27/2015 01:46 J Dicamba 7.6 U ug/Kg 1 17 7.6 7/27/2015 01:46 J Report ID:377256-5693038 Page 5 of 17 • CERTIFICATE OF ANALYSIS This report shall not be reproduced,except in full. without the written consent of Advanced Environmental Laboratories,Inc \, 3004.1 0.0 Advanced Environmental Laboratories,Inc [ 9610 Princess Palm Ave Tampa,FL 33619 k. Advanced Payments P.O.Box 551580 Jacksonville,FL 32255-1580 Environmental laboratories.Inc. Phone:(813)630-9616 Fax:(813)630-4327 ANALYTICAL RESULTS Workorder: 11509243 Emmanuel Lutheran Lab ID: T1509243002 Date Received: 07/09/15 14:30 Matrix: Soil Sample ID: SS-2-NE Date Collected: 07/07115 13:55 Results for sample 71509243002 are reported on a dry weight basis. Sample Description: Location: Adjusted Adjusted Parameters Results Dual Units OF PQL MDL Analyzed Lab Dichloroprop 27 U ug/Kg 1 51 27 7/27/2015 01:46 J Dinoseb 12 U ug/Kg 1 17 12 7/27/2015 01:46 J MCPA 1700 U ug/Kg 1 8600 1700 7/27/2015 01:46 J MCPP 1700 U ug/Kg 1 8600 1700 7/27/2015 01:46 J Pentachlorophenol 5.1 U ug/Kg 1 8.6 5.1 7/27/2015 01:46 J Silvex(2,4,5-TP) 5.9 U ug/Kg 1 17 5.9 7/27/2015 01:46 J 2,4-Dichlorophenylacetic acid 190 J4 % 1 46-122 7/27/2015 01:46 J (S) SEMIVOLATILES Analysis Desc:Percent Analytical Method:SM 2540G Solids,SM2540G,Soil Percent Moisture 8.4 % 1 0.0010 0.0010 7/13/2015 09:34 T III Lab ID: 71509243003 Date Received: 07/09/15 14:30 Matrix: Soil Sample ID: SS-3-NW Date Collected: 07/07/15 14:30 Results for sample 11509243003 are reported on a dry weight basis. Sample Description: Location: Adjusted Adjusted Parameters Results Qual Units DF PQL MDL Analyzed Lab METALS Analysis Desc:SW846 60106 Preparation Method:SW-846 3050B Analysis,Soils Analytical Method:SW-846 6010 Arsenic 0.030 U mg/Kg 1 0.26 0.030 7/21/2015 06:17 1 Barium 0.70 mg/Kg 1 0.052 0.0031 7/21/2015 06:17 T Cadmium 0.079 mg/Kg 1 0.023 0,0036 7/21/2015 06:17 T Chromium 1.2 mg/Kg 1 0.052 0.0059 7/21/2015 06:17 T Lead 0.60 mg/Kg 1 0.26 0.037 7/21/2015 06:17 T Selenium 0.093 U mg/Kg 1 0.77 0.093 7/21/2015 06:17 T Silver 0.023 U mg/Kg 1 0.13 0.023 7/21/2015 06:17 T Analysis Desc:5W846 7471AAnalysis. Preparation Method:SW-846 7471A Soil Analytical Method:SW-846 7471A Mercury 0.0011 U mg/Kg 1 0.0032 0.0011 7/15/2015 17:05 T SEMIVOLATILES Report ID:377256-5693038 Page 6 of 17 • CERTIFICATE OF ANALYSIS The report shall not be reproduced,except in full. without the written consent of Advanced Environmental Laboratories,Inc. ,tic.� y 3004.1 0.0 r Advanced Environmental Laboratories,Inc (� rtr+ 9610 Princess Palm Ave Tampa,FL 33619 • f NdValce Payments: P.O Box 551580 Jacksonville,FL 32255-1580 E Ylru meats!Laboratories,Inc. Phone:(813)630-9616 Fax.(813)6304327 ANALYTICAL RESULTS Workorder: T1509243 Emmanuel Lutheran Lab ID: 11 50 924300 3 Date Received: 07/09/15 14:30 Matrix: Soil Sample ID: SS-3-NW Date Collected: 07/07/15 14:30 Results for sample T1509243003 are reported on a dry weight basis. Sample Description: Location: Adjusted Adjusted Parameters Results Qual Units OF PQL MDL Analyzed Lab Analysis Desc:8081B Pesticide Preparation Method:SW-846 35506 Analysis,Soil Analytical Method:EPA 8081 4.4'-DDD 2.9 U ug/Kg 5 18 2.9 7/16/2015 18:45 J 4,4'-ODE 2.2 U ug/Kg 5 18 2.2 7/16/2015 18:45 J 4,4'-DDT 4.9 U ug/Kg 5 18 4.9 7/16/2015 18:45 J Aldrin 2.6 U ug/Kg 5 18 2.6 7/16/2015 18:45 J Chlordane(technical) 71 U ug/Kg 5 180 71 7/16/2015 18:45 J Dieldrin 2.2 U ug/Kg 5 18 2.2 7/16/2015 18:45 J Endosulfan I 2.8 U ug/Kg 5 18 2.8 7/16/2015 18:45 J Endosulfan II 1,9 U ug/Kg 5 18 1.9 7/16/2015 18:45 J Endosulfan Sulfate 3.2 U ug/Kg 5 18 3.2 7/16/2015 18:45 J 0 Endrin 4.9 U ug/Kg 5 18 4.9 7/16/2015 18:45 J Endrin Aldehyde 2.9 U ug/Kg 5 18 2.9 7/16/2015 18:45 J Heptachlor 3.3 U ug/Kg 5 18 3.3 7/16/2015 18:45 J Heptachlor Epoxide 2.4 U ug/Kg 5 18 2.4 7/16/2015 18:45 J Methoxychlor 3.6 U ug/Kg 5 18 3.6 7/16/2015 18:45 J Toxaphene 130 U ug/Kg 5 180 130 7/16/2015 18:45 J alpha-BHC 3.0 U ug/Kg 5 18 3.0 7/16/2015 18:45 J beta-BHC 2.0 U ug/Kg 5 18 2.0 7/16/2015 18:45 J delta-BHC 2.1 U• ug/Kg 5 18 2.1 7/16/2015 18:45 J gamma-BHC(Lindane) 3.1 U ug/Kg 5 18 3.1 7/16/2015 18:45 J Tetrachloro-m-xylene(S) 0 1 % 5 42-129 7/16/2015 18:45 Decachlorobiphenyl(S) 0 1 % 5 63-130 7/16/2015 18:45 Analysis Desc:8151A Herbicides Preparation Method:8151 Analysis,Soil Analytical Method:EPA 8151 2,4,5-T 8.6 U ug/Kg 1 17 8.6 7/27/2015 02:15 J 2.4-D 30 U ug/Kg 1 51 30 7/27/2015 02:15 J 2,4-DB 18 U ug/Kg 1 51 18 7/27/2015 02:15 J Dalapon 58 U ug/Kg 1 170 58 7/27/2015 02:15 J Dicamba 7.5 U ug/Kg 1 17 7.5 7/27/2015 02:15 J Dichloroprop 27 U ug/Kg 1 51 27 7/27/2015 02:15 J Dinoseb 12 U ug/Kg 1 17 12 7/27/2015 02:15 J MCPA 1700 U ug/Kg 1 8500 1700 7/27/2015 02:15 J MCPP 1700 U ug/Kg 1 8500 1700 7/27/2015 02:15 J Pentachlorophenol 5.0 U ug/Kg 1 8.5 5.0 7/27/2015 02:15 J Silvex(2.4,5-TP) 5.9 U ug/Kg 1 17 5,9 7/27/2015 02:15 J 2,4-Dichiorophenylacetic acid 211 J4 % 1 46-122 7/27/2015 02:15 J (S) Report ID:377256-5693038 Page 7 of 17 ID CERTIFICATE OF ANALYSIS This report shall not be reproduced,except in full, without the written consent of Advanced Environmental Laboratones,Inc. 3004.1 0 0 Advanced Environmental Laboratories.Inc 9610 Princess Palm Ave Tampa.FL 33619 FIVIW advanced Inc. ayments. P.O Box 551580 Jacksonville,FL 32255-1580 Inc Environmental laboratories, Phone:(813)630.9616 Fax:(813)630-4327 ANALYTICAL RESULTS Workorder: T1509243 Emmanuel Lutheran Lab ID: 71509243003 Date Received: 07/09/15 14:30 Matrix: Soil Sample ID: SS-3-NW Date Collected: 07/07/15 14:30 Results for sample 71509243003 are reported on a dry weight basis Sample Description: Location: Adjusted Adjusted Parameters Results Dual Units DF PQL MDL Analyzed Lab SEMIVOLATILES Analysis Desc:Percent Analytical Method:SM 2540G Solids,SM2540G,Soil Percent Moisture 7.2 % 1 0.0010 0.0010 7/13/2015 09:34 T . Report ID:377256-5693038 Page 8 of 17 CERTIFICATE OF ANALYSIS This report shall not be reproduced,except in full, without the written consent of Advanced Environmental Laboratories,Inc 3004 1 0.0 C I Advanced Environmental Laboratories,Inc itraiii) (jrI 9nrn�I 8610 Princess Palm Ave Tampa.FL 33619 • fldvance Payments: PO Box 55158D Jaeksonvtlle,F!.32255-7580 Environmental laboratories Inc. Phone:(813)630.9616 Fax.(8131630.4327 ANALYTICAL RESULTS QUALIFIERS Workorder: T1509243 Emmanuel Lutheran PARAMETER QUALIFIERS U The compound was analyzed for but not detected. I The reported value is between the laboratory method detection limit and the laboratory practical quantitation limit. [11 Surrogate diluted out. J4 Estimated Result LAB QUALIFIERS J DOH Certification#E82574(AEL-JAX)(FL NELAC Certification) T DOH Certification#E84589(AEL-T)(FL NELAC Certification) III Report ID:377256-5693038 Page 9 of 17 • CERTIFICATE OF ANALYSIS This report shall not be reproduced,except in full. without the written consent of Advanced Environmental Laboratories.Inc 'mac. X004.1.0.0 Advanced Environmental Laboratories.Inc Ndaa�ced 9610 Princess Palm Ave Tampa,FL 33619 ( [ p { laboratories.r+g} p Inc. Payments: P.O.Box 551580 Jacksonville,FL 32255-1580 fnvironmental Laboratories.I Phone:(813)630-9616 • Fax (813)630-4321 QUALITY CONTROL DATA Workorder: T1509243 Emmanuel Lutheran QC Batch: EXTj/1829 Analysis Method: EPA 8081 QC Batch Method: SW-846 3550B Prepared: 07/15/2015 12:00 Associated Lab Samples: 11509243001,T1509243002,11509243003 METHOD BLANK: 1798974 Blank Reporting Parameter Units Result Limit Qualifiers SEMIVOLATILES alpha-BHC ug/Kg 0.11 0.11 U gamma-BHC(Lindane) ug/Kg 0.12 0.12 U beta-BHC ug/Kg 0.077 0.077 U deka-BHC ug/Kg 0.079 0.079 U Heptachlor ug/Kg 0.12 0.12 U Aldrin ug/Kg 0.099 0.099 U Heptachlor Epoxide ug/Kg 0.091 0.091 U Endosulfan I ug/Kg 0.10 0 10 U 4,4'-DDE ug/Kg 0.083 0.083 U Dieldrin ug/Kg 0.085 0.085 U Endrin ug/Kg 0.18 0.18 U 4,4'-DDO ug/Kg 0.11 0.11 U III Endosulfan 11 ug/Kg 0.071 0.071 U Endrin Aldehyde ug/Kg 0.11 0.11 U 4,4'-DDT ug/Kg 0.18 0.18 U Endosulfan Sulfate ug/Kg 0.12 0.12 U Methoxychlor ug/Kg 0.13 0.13 U Chlordane(technical) uglKg 2.7 2.7 U Toxaphene ug/Kg 4.7 4.7 U Tetrachloro-m-xylene(S) % 125 42-129 Decachlorobiphenyl(S) % 119 63-130 LABORATORY CONTROL SAMPLE: 1798975 Spike LCS LCS %Rec Parameter Units Conc. Result %Rec Limits Qualifiers SEMIVOLATILES alpha-BHC ug/Kg 3.3 4.7 142 45-137 gamma-BHC(Lindane) ug/Kg 3.3 4.2 126 49-135 beta-BHC ug/Kg 3.3 4.2 125 50-136 delta-BHC ug/Kg 3.3 4.3 130 47-139 Heptachlor ug/Kg 3.3 4.4 133 47-136 Aldrin ug/Kg 3.3 3.8 114 45-136 Heptachlor Epoxide uglKg 3.3 4.0 122 52-136 Endosulfan I ug/Kg 3.3 4.4 133 53-132 4,4'-DDE ug/Kg 3.3 3.9 118 56-134 Report ID:377256-5693038 Page 10 of 17 • CERTIFICATE OF ANALYSIS This report shall not be reproduced.except in full. without the written consent of Advanced Environmental Laboratories,Inc. .-; 3004.1.0.0 Advanced Environmental Laboratones,Inc 0 44-r --- ' (��( stlt+n 9610 Princess Palm Ave Tampa.FL 33619 C IQdvafi46d �y g} p Payments: P.O.Box 551580 Jacksonville,FL 32255-1580 Environmental �b�P�t�f�BS,Inc. Phone:(813)630-9616 Fax-(813)630-0321 QUALITY CONTROL DATA Workorder: T1509243 Emmanuel Lutheran LABORATORY CONTROL SAMPLE: 1798975 Spike LCS LCS %Rec Parameter Units Conc. Result %Roc Limits Qualifiers Dieldrin ug/Kg 3.3 4.2 125 56-136 Endrin ug/Kg 3.3 4.3 128 57-140 4.4'-DDD ug/Kg 3.3 4.5 136 56-139 Endosulfan II ug/Kg 3.3 4.4 131 53-134 Endrin Aldehyde ug/Kg 3.3 4.5 134 35-137 4,4'-DDT ug/Kg 3.3 4.4 133 50-141 Endosulfan Sulfate ug/Kg 3.3 5.3 158 55-136 Methoxychlor ug/Kg 3.3 3.9 117 52-143 Chlordane(technical) ug/Kg 2.7 Toxaphene ug/Kg 4.7 Tetrachloro-m-xylene(S) % 126 42-129 Decachlorobiphenyl(S) % 120 63-130 MATRIX SPIKE&MATRIX SPIKE DUPLICATE: 1798976 1798977 Original: J1506178001 Original Spike MS MSD MS MSD %Rec Max Parameter Units Result Conc. Result Result %Rec %Rec Limit RPD RPD Qualifiers SEMIVOLATILES alpha-BHC ug/Kg 0 17 3.7 3.61J 0 0 45-137 0 30 gamma-BHC(Lindane) ug/Kg 0 17 3.8 3.81) 0 0 49-135 0 30 beta-BHC ug/Kg 0 17 2.5 2.5U 0 0 50-136 0 30 delta-BHC ug/Kg 0 17 2.6 2.6U 0 0 47-139 0 30 Heptachlor ug/Kg 0 17 4.0 4.0U 0 0 47-136 0 30 Aldrin ug/Kg 0 17 3.2 3.2U 0 0 45-136 0 30 Heptachlor Epoxide ug/Kg 0 17 3.0 3.0U 0 0 52-138 0 30 Endosulfan I ug/Kg 0 17 3.4 3.4U 0 0 53-132 0 30 4.4'-DDE ug/Kg 0 17 2.7 2.7U 0 0 56-134 0 30 Dieldrin ug/Kg 0 17 2.8 2.7U 0 0 56-136 0 30 Endrin ug/Kg 0 17 6.0 5.9U 0 0 57-140 0 30 4,4"-DOD ug/Kg 0 17 3.5 3.5U 0 0 56-139 0 30 Endosulfan II ug/Kg 0 17 2.3 2.3U 0 0 53-134 0 30 Endrin Aldehyde ug/Kg 0 17 3.6 3.6U 0 0 35-137 0 30 4,4'-DOT ug/Kg 0 17 6.0 6.0U 0 0 50-141 0 30 Endosulfan Sulfate ug/Kg 0 17 4.0 3.9U 0 0 55-136 0 30 Methoxychlor ug/Kg 0 17 4.4 4.4U 0 0 52-143 0 30 Chlordane(technical) ug/Kg 88 87U 0 30 Toxaphene ug/Kg 150 150U 0 30 Tetrachloro-m-xylene(S) % 0 0 0 42-129 0 Decachlorobiphenyl(S) % 0 0 0 63-130 0 0 Report 10:377256-5693038 Page 11 of 17 CERTIFICATE OF ANALYSIS This report shall not be reproduced,except in full, without the written consent of Advanced Environmental Laboratones,Inc. 3004..1.0.0 Advanced Environmental Laboratories,Inc 9610 Princess Palm Ave Tampa,FL 33619 ' � Advanced Payments P.O.Box 551580 Jacksonville,FL 32255-1580 Environmental laboratories,Inc. Phone:(813)630-9616 • Fax:(813)630-4327 QUALITY CONTROL DATA Workorder: T1509243 Emmanuel Lutheran QC Batch: DGMU1328 Analysis Method: SW-846 7471A QC Batch Method: SW-846 7471A Prepared: 07/14/2015 14:00 Associated Lab Samples: 11509243001,11509243002,T1509243003 METHOD BLANK: 1799122 Blank Reporting Parameter Units Result Limit Qualifiers METALS Mercury mg/Kg 0.0010 0.0010 U LABORATORY CONTROL SAMPLE: 1799123 Spike LCS LCS %Rec Parameter Units Conc. Result %Rec Limits Qualifiers METALS Mercury mg/Kg 0.06 0.058 96 80-120 • MATRIX SPIKE&MATRIX SPIKE DUPLICATE: 1799124 1799125 Original: M1502452001 Original Spike MS MSD MS MSD %Rec Max Parameter Units Result Conc. Result Result %Rec %Rec Limit RPD RPD Qualifiers METALS Mercury mg/Kg 0.026 0.06 0.045 0.044 32 30 80-120 2 20 J4 QC Batch: EXTj/1833 Analysis Method: EPA 8151 QC Batch Method: 8151 Prepared: 07/16/2015 09:00 Associated Lab Samples. 11 50924 300 1,71509243002.T1509243003 METHOD BLANK: 1801714 Blank Reporting Parameter Units Result Limit Qualifiers SEMIVOLATILES Dalapon ug/Kg 11 11 U Dicamba ug/Kg 1.5 1.5 U Dichloroprop ug/Kg 5.3 5.3 U 2,4-0 ug/Kg 6.0 6.0 U Pentachlorophenol ug/Kg 0.99 0.99 U Silvex(2.4.5-TP) ug/Kg 1.2 1.2 U 2.4,5.1 ug/Kg 1.7 1.7 U Report ID:377256-5693038 Page 12 of 17 • CERTIFICATE OF ANALYSIS This report shall not be reproduced,except in lull, without the written consent of Advanced Environmental Laboratories,Inc. 5004.10 0 - Advanced Environmental Laboratories.Inc = r� .i 9610 Princess Palm Ave Tampa,FL 33619 0 , -- H M �` �r1UYaptScElfptt{ ghI11� #rt p�+ r1p Payments: P.O Box 551580 Jacksonville.FL 32255-1580 Envi onmental laboratories.Inc. Phone.(813)630-9616 Fax.(813)630.4327 QUALITY CONTROL DATA Workorder: T1509243 Emmanuel Lutheran METHOD BLANK: 1801714 Blank Reporting Parameter Units Result Limit Qualifiers 2,4-0B ug/Kg 3.5 3.5 U Dinoseb ug/Kg 2.4 2.4 U MCPA ug/Kg 330 330 U MCPP ug/Kg 330 330 U 2.4-Dichlorophenylacetic acid % 96 46-122 (S) LABORATORY CONTROL SAMPLE: 1801715 Spike LCS LCS %Rec Parameter Units Conc. Result %Rec Limits Qualifiers SEMIVOLATILES Dalapon ug/Kg 67 64 95 42-181 Dicamba ug/Kg 13 13 97 38-132 . Dichloroprop ug/Kg ug/Kg 40 37 93 28-155 2,4-D 40 33 83 28-144 Pentachlorophenol ug/Kg 6.7 5.6 84 58-132 Silvex(2,4,5-TP) ug/Kg 13 13 100 43-129 2.4,5-T ug/Kg 13 10 78 31-138 2,4-DB ug/Kg 40 45 113 34-142 Dinoseb ug/Kg 13 13 94 54-169 MCPA ug/Kg 3300 2900 87 28-135 MCPP ug/Kg 3300 3600 109 35-143 2,4-Dichlorophenylacetic % 102 46-122 acid(S) MATRIX SPIKE&MATRIX SPIKE DUPLICATE: 1801716 1801717 Original: M1502473001 Original Spike MS MSD MS MSD %Rec Max Parameter Units Result Conc. Result Result %Rec %Rec Limit RPD RPD Qualifiers SEMIVOLATILES Dalapon ug/Kg 59 58U 114 30 Dicamba ug/Kg 8.3 19 77 30 Dichloroprop ug/Kg 71 110 47 30 2,4-D ug/Kg 31 481 45 30 Pentachlorophenol ug/Kg 29 28 2 30 Silvex(2,4,5-TP) ug/Kg 23 36 44 30 2,4,5-T ug/Kg 8.7 17 74 30 2,4.0B ug/Kg 210 210 0 30 Dinoseb ug/Kg 87 62 33 30 . Report ID:377256-5693038 Page 13 of 17 CERTIFICATE OF ANALYSIS This report shall not be reproduced,except in full, without the written consent of Advanced Environmental Laboratories,Inc. 3004 1.0.0 Advanced Environmental Laboratories.Inc 9610 Princess Palm Ave Tampa,FL 33619 band }g!Laboratories.} Payments PO Box 551580 Jacksonville,FL 32255-1580 C Environmental laboratories.Inc. Phone:(813)630-9616 Fax:(813)630-4327 III QUALITY CONTROL DATA Workorder: T1509243 Emmanuel Lutheran MATRIX SPIKE&MATRIX SPIKE DUPLICATE: 1801716 1801717 Original: M1502473001 Original Spice MS MSD MS MSD %Rec Max Parameter Units Result Conc. Result Result %Rec %Rec Limit RPD RPD Qualifiers MCPA ug/Kg 1700 1700U 0 30 MCPP ug/Kg 1700 1700U 0 30 2,4-Dichlorophenylacetic % 123 164 46-122 27 30 J4 acid(S) QC Batch: DGM111335 Analysis Method: SW-846 6010 QC Batch Method: SW-846 3050B Prepared: 07/20/2015 09:00 Associated Lab Samples: T1509243001,11509243002,T1509243003 METHOD BLANK: 1802611 Blank Reporting Parameter Units Result Limit Qualifiers METALS Silver mg/Kg 0.023 0.023 U • Arsenic mg/Kg 0.029 0.029 U Barium mg/Kg 0.0030 0.0030 U Cadmium mg/Kg 0.0035 0.0035 U Chromium mg/Kg 0.0058 0.0058 U Lead mg/Kg 0.036 0.036 U Selenium mg/Kg 0.090 0.090 U LABORATORY CONTROL SAMPLE 1802612 Spike LCS LCS %Rec Parameter Units Conc. Result %Rec Limits Qualifiers METALS Silver mg/Kg 10 9.0 90 80-120 Arsenic mg/Kg 10 8.9 89 80-120 Barium mg/Kg 10 9.2 92 80-120 Cadmium mg/Kg 10 9.1 91 80-120 Chromium mg/Kg 10 9.2 92 80-120 Lead mg/Kg 10 8.7 87 80-120 Selenium mg/Kg 10 8.6 86 80-120 Report ID:377256-5693038 Page 14 of 17 III CERTIFICATE OF ANALYSIS This report shall not be reproduced,except in full, without the written consent of Advanced Environmental Laboratories,Inc. `.„ Coo.. .4�1 4i 3004.1,00 Z . -. Advanced Environmental Laboratories,Inc t 8,{ 0 9610 Princess Palm Ave Tampa.FL 33619 dvaoced Payments: P.Q Box 551580 Jacksonville,FL 32255-1580 • Environmental laboratories,Inc. Phone.(813)630-9616 Fax.(813)6304327 QUALITY CONTROL DATA I Workorder: T1509243 Emmanuel Lutheran MATRIX SPIKE&MATRIX SPIKE DUPLICATE: 1802617 1802618 Original: A1504966005 Original Spike MS MSD MS MSD %Rec Max Parameter Units Result Conc. Result Result %Rec %Rec Limit RPD RPD Qualifiers METALS Silver mg/Kg -0.077 10 10 10 90 86 75-125 4 20 Arsenic mg/Kg 0.67 10 10 10 83 82 75-125 1 20 Barium mg/Kg 4.2 10 11 14 51 82 75-125 29 20 Cadmium mg/Kg 0.043 10 11 10 91 86 75-125 5 20 Chromium mg/Kg 1.8 10 11 11 74 75 75-125 1 20 J4 Lead mg/Kg 1.8 10 10 10 71 72 75-125 1 20 J4 Selenium mg/Kg 0.17 10 10 9,9 84 84 75-125 0 20 QUALITY CONTROL DATA QUALIFIERS Workorder: T1509243 Emmanuel Lutheran • QUALITY CONTROL PARAMETER QUALIFIERS U The compound was analyzed for but not detected. I The reported value is between the laboratory method detection limit and the laboratory practical quantitation limit. J4 Estimated Result 0 Report ID:377256-5693038 Page 15 of 17 CERTIFICATE OF ANALYSIS This report shall not be reproduced,except in full, without the written consent of Advanced Environmental Laboratories,Inc + i fniaf 3004 1.ac Advanced Environmental Laboratories.Inc advanced p 9610 Princess Palm Ave Tampa-FL 33619 - advanced Payments PO.Box 551580 Jacksonville,FL 32255-1580 Environmental laboratories.Inc. Phone (813)630.9616 III Fax (813)630.4327 QUALITY CONTROL DATA CROSS REFERENCE TABLE Workorder: T1509243 Emmanuel Lutheran Analysis Lab ID Sample ID Prep Method Prep Batch Analysis Method Batch 71509243001 SS-1-South SM 2540G WCAt/4087 11509243002 SS-2-NE SM 2540G WCAt/4087 11509243003 SS-3-NW SM 2540G WCAt/4087 11509243001 SS-1-South SW-846 3550B EXTj/1829 EPA 8081 GCSj/1584 T1509243002 SS-2-NE SW-846 35508 EXTj/1829 EPA 8081 GCSj/1584 T1509243003 SS-3-NW SW-846 35508 EXTj/1829 EPA 8081 GCSj/1584 T1509243001 SS-1-South SW-846 7471A DGMtI1328 SW-846 7471A CVAt/1090 T1509243002 SS-2-NE SW-846 7471A DGMt/1328 SW-846 7471A CVAt/1090 11509243003 SS-3-NW SW-846 7471A DGMtI1328 SW-846 7471A CVA1/1090 T1509243001 SS-1-South 8151 EXTj/1833 EPA8151 GCSj11623 T1509243002 SS-2-NE 8151 EXTj/1833 EPA8151 GCSj11623 III T1509243003 SS-3-NW 8151 EX-1/1833 EPA8151 GCSj/1623 T1509243001 SS-1-South SW-846 30506 DGMt/1335 SW-846 6010 ICPI/1172 T1509243002 SS-2-NE SW-846 30506 DGMt/1335 SW-846 6010 1CPt/1172 T1509243003 SS-3-NW SW-846 30508 DGMt/1335 SW-846 6010 ICPt/1172 Report ID:377256-5693038 Page 16 of 17 CERTIFICATE OF ANALYSIS This report shall not be reproduced,except in full, without the written consent of Advanced Environmental Laboratories,Inc. O 3004.1.0.0 w 213EwinN 'a'I At:101V1:109V1 s ..._a 5 B 0 i. - ‘3 %...) ■ i 1 - 1 , I ,r1 v3 yo. A VL! N N I G1 • OQ m , - J N _ LLn 6b i p rj CJ 1 J r: R a i 1 I of Oi a! y� 5i 2q I 111111111 7. I qp1 /fir((, I! I tiE iliZ7- k‘129i) 1576 ',X) i_4 *. ,s'Illi 1 ...3 ,. Z I . Q3afno3a S1SA 1VNV I 0 I _ _ ____ - i 1 .. % . 11 ! 1L et 7 i i t A 1 * ./N,.. s.0 Jill . ...E 'n i W 141 -5 .g �- wa A HIll \ V' V I H ii-4- cai 6 . 4 .1_ 4 p i ! 4 ...__‘..i . Tat w C zi pi c g.iiii ">., 1 '2 fC :4 ll Ei 114 Tuesday,July 29.2015 8 42:18 AM Page 17 of 17 • ATTACHMENT B Field Event Photographs • u.c F\vIROSMERTAu.WATER REOURC$ECONSULTIN0 � '• `� Ri��r♦ „� 'S " ^ate°A g a *41,4104"le. x firms: x a ** y�y, �r{ � AIR !,44.‘ 44w,, y si�d .r. Y e„if A ._ Looking SE at sample SS-1-South location—Discrete,Close Proximity Grid(typical) 7/1/1 Soil sample 55-1-South location; Showing 5-ft spacing for grid(typical) SOIL SAMPLING—TYPICAL PHOTOGRPAHS SPECIFIC PURPOSE SOIL SAMPLING EVENT .� Emmanuel Lutheran Evangelical Church of Naples PUD Application PL20I50000262 LLC Source: RM1EC,LLC—Photos Taken: July 7,2015 PHOTO PAGE I ENVIRONMENTAL WATER RESOURCES CONSULTING 0 :',.%.. .,...:.:k! r;,, , ,',.- .. i,,,,Ok . /I_ ' ' .. if '*k A '.*'' ‘s AS-.•11.1.--X V `� iivit a {t /]J , . / " .-''''' ',f ., ., 4,. \ lit Showing typical depth of sample collection at each location on grid ,...... . , . .. Looking northeast at SS-2-NE location SOIL SAMPLING—TYPICAL PHOTOGRPAIIS SPECIFIC PURPOSE SOIL SAMPLING EVENT III Emmanuel Evangelical Lutheran Church of Naples PUD Application PL20150000262 LLC Source: RMEC,LLC—Photos Taken: July 7,2015 PHOTO PAGE 2 EKVIROYMEWMAL WATER RESOURCES COi1SULTU • Looking north at SS-3-NW location • I i Looking southeast at SS-3-NW location SOIL SAMPLING—TYPICAL PHOTOGRPAHS SPECIFIC PURPOSE SOIL SAMPLING EVENT • Emmanuel Evangelical Lutheran Church of Naples PUD Application PL20150000262 LLC Source: RMEC,LLC-Photos Taken: July 7,2015 PHOTO PAGE 3 ENVIRONMENTAL WATER RESOURCES CONSULTING HOLE CIN ES ENGINEERS•PLANNERS•SURVEYORS • 950 Encore Way•Naples,Florida 34110•Phone 239.254.2000•Fax:239.254.2099 July 10,2015 Re: Emmanuel Evangelical Lutheran Church of Naples PDI (PDI-PL-20150000262) HM File No.: 2006.096 Dear Property Owner: Please be advised that Robert J. Mulhere, FAICP, of Hole Montes,Inc. on behalf of the property owner has made a formal application to Collier County (PDI-PL-20150000262). The property was rezoned to Emmanuel Lutheran Evangelical Lutheran Church of Naples CFPUD by Ordinance 11-23. The proposed insubstantial change to the approved CFPUD would allow for the proposed athletic field, and related access, parking and landscape improvements, to be constructed and utilized on an interim basis, prior to the construction of a permitted principal use. The subject property contains approximately 22 acres, and is located on the south side of Oil Well Road, approximately one quarter-mile west of the intersection of Oil Well Road and Everglades Blvd. in Section 19,Township 48 South,Range 28 East,Collier County,Florida. In compliance with the Land Development Code requirements, a Neighborhood Information • Meeting will be held to provide you an opportunity to hear a presentation about this amendment and ask questions. • The Neighborhood Information Meeting will be held on Monday,July 27,2015 at 5:30 p.m. at Collier County UF/IFAS Extension, 14700 Immokalee Road, Multi Purpose Room, Naples,FL 34120 Should you have questions prior to the meeting,please feel free to contact me at 239-254-2000. Very truly yours, HOLE MONTES,INC. Robert J. Mulhere,FAICP • Director of Planning RJM/sek II/ H:\2006\2006096\WPVPDI 2015\NIM\NIM Letter(7-10-2015).docx Naples•Fort Myers • AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, the Collier County Land Development Code, as amended, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the County to be notified. The said notice contained the laymen's description of the site property of proposed change and the date,time,and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance. • (Si ature of Applicant) ROBERT J.MULHERE,FAICP (Printed name of Applicant) • STATE OF FLORIDA COUNTY OF COLLIER. The foregoing Affidavit of compliance was acknowledged before me this 10th of July, 2015, by ROBERT J. MULHERE, FAICP, who is personally known to me or who has produced as identification. ( - (Signa e of Notary Public) (Notary Seal) S ytCt,vt I G' t Vt7 • Printed Name of Notary , ink stE AME KAROL MY COMMISSION A EE 169504 EXPIRES:March 9,2016 'I;pppp' Bonded Thtu Way Pubic Undery s PUBLIC NOTICE PUBLIC NOTICE • PUBLIC NOTICE E O !� •!: INFORMATION E� ` •H i NAPLES DAILY NEWS The public is invited to attend a neighborhood information meeting held by Published Daily Robert J.Mulhere,FAICP of Hole Montes,Inc.on behalf of the property owner ' Naples,FL 34110 at the following time and location: i �°, Monday,July 27,2015 at 5:30 p.m. 1 Affidavit of Public ati Collier County tIF/IFAS Extension State of Florida 14700 Immokalee Road, Multi Purpose Room s Naples,FL 34120 j ■ Counties of Collier and Lee The subject property contains approximately 22 acres, and is r'ocated on : Before the undersigned they serve as fix the south side of Oil Well Road, approximately one quarter-mile west of the { intersection of Oil Well Road and Everglades Blvd. in Section 19, Township , appeared Daniel McDermott,who ono 48 South, Range 28 East, Collier County, Florida. The property was rezoned 1 Inside Sales Manager of the Naples El to Emmanuel Lutheran Evangelical Lutheran Church of Naples CFPUD by ; newspaper published at Naples,in Co! Ordinance 11-23. distributed in Collier and Lee counties ' attached copy of the advertising,being A formal application(PDI-PL-20150000262)has been made to Collier County. The proposed insubstantial change to the approved CFPUD would allow i PUBLIC NOTICE for the proposed athletic field, and related access, parking and landscape improvements,to be constructed and utilized on an interim basis, prior to the construction of a permitted principal use. in the matter of PUBLIC NOTICE — Palmetto Ridge I was published in said newspaper 1 tim + Orangetree High School---'------`----T ts- " on July 10,2015. + Utili i r_ -Liza _ a OIL WELL—WO—KIT— y Affiant further says that the said Nap i _,i n ! , . published at Naples,in said Collier Co; I I ETREE -s newspaper has heretofore been continu I • S { ! ,,.. ° _ f County,Florida; distributed in Collier p:...1._......1,.... 1� `, ..., each day and has been entered as secor. °- s --11- �-- -- _ w ,� ,'_-_ � ,3 .. x .� __.. __.. �� office in Naples,in said Collier Count) -- '°°` "' - - i on, . _-� ,T--- - �--�_ ItE-._ —LT, year next preceding the first publicatic � �. w 1 a3i advertisement; and affiant further says s'°' W._ SCALE IM1I MILES "` I ,, p y � -- promised any person, firm or corporate Prepared b T— _ �° _ _ t 950Enwrgd1l EMMANUEL EVANGELICAL LUTHERAN J Nx�as,R.3d1�O commission or refund for the purpose c ,.-''�4 1 ' Phane.1239)254-2000 CHURCH OF NAPLES HOLE CJ:CM1TE8 Florida cameoam or I publication in the said news.'y r. Ewarisivansugeopy "°"'°"zaua^No 1772 LOCATION 6.4AP • WE VALUE YOUR INPUT (Signature of affiant) Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner and Collier II County staff. If you are unable to attend this meeting, but have questions or II Sworn to and subscribed before me comments,they can be.directed by mail, phone, or e-mail to: i' This 16th day of July,2015 Robert J. Mulhere, FAICP, Director of Planning Hole Montes, Inc. I' PR t f 950 Encore Way, Naples,Florida 34110 (Signature of notary public) � . Phone:239-254-2000; bobmulhere @hmeng.com I No.231121362 July 10.2, t ypyRYPe� Notary Public State of Florida Susan D Flora ,pa My Commission FF 040250 "for'to'. Expires 07/28/2017 ;Easy Peel®Labels i A ® Bend along line to �@ ��p 5160® 1 Use Avery®Template 5160® Feed Paper expose Pop-up Edgers° I L-� i 1 I DOR,JORGE AZUL 6107 LLLC I BENITEZ,SANTOS M FLORES 35T1-I AVE NE 544 ALMINAR AVE NYLEEN FLORES ■ APLES,FL 34120-1582 CORAL GABLES,FL 33146-1704 2980 35TH AVE NE NAPLES,FL 34120-1582 BRAVO,FERNANDO=&DIGNA BROCK,DEVIN=&PAULA BT INVESTMENTS 01 LLC 1855 W 62ND ST APT 218 644 94TH AVE N 2400 OIL WELL RD HIALEAH,FL 33012--6003 NAPLES,FL 34108-2447 NAPLES,FL 34120-0000 BUSSARD,DANIEL A=&AMANDA D CARLYLE,PATRICIA K • CARRILLO,CONSTAIN 2995 31ST AVE NE 4375 MEADOWLAND CIR 8104 SW 136TH PL NAPLES,FL 34120-0000 SARASOTA,FL 34233-1303 MIAMI,FL 33183-4187 CAST1NEIRA,BRAULIO CATALANO,RENEE COLLIER CNTY 2830 31ST AVE NE KRISTIE SERRANO C/O REAL PROPERTY MANAGEMENT NAPLES,FL 34120-4478 34 LE MANS DR 3335 TAMIAMI TR E,STE 101 NAPLES,FL 34112--9126 NAPLES,FL 34112-0000 . COLLIER CNTY COLLIER CNTY CONGINEJR,VITO J=&TRUDY L REAL PROPERTY MANAGEMENT C/O REAL PROPERTY MANAGEMENT 2894 31ST AVE NE TAMIAMI TR E,STE 101 3335 TAMIAMI TR E,STE 101 NAPLES,FL 34120-4476 LES,FL 34112-0000 NAPLES,FL 34112-0000 I CONGINE,BETTY M CUBAS,GUILLERMO CUEVAS,LILLIAN • B .I I IE J SYKES YOLANDA CORTIJO CUBAS 2740 31ST AVE NE VITO J CONGINE JR 17011 N BAY RD APT 801 NAPLES,FL 34120--4542 I TRUDY L CONGINE2894 31ST AVE NE SUNNY ISLES BEAC,FL 33160-3633 NAPLES,FL 34120--4476 . CUNNINGHAM,BEVERLEY DAVIS,EUGENE E=&DONNA M DAY TR,PATRICK B CARENE N CUNNINGHAM 22813 PLEASANTAVE DAY TRUST 2760 31ST AVE NE EASTPOINTE,MI 48021-1790 UTD 09/19/85 NAPLES,FL 34120-4542 9209 DIAMONDHEAD DR DEXTER,IA 50070-7503 DECARDENAS EST,MATEO F DEGASPARI,IRMA DELGADO,ROXANA %NORA C DECARDENAS PR 2670 35TH AVE NE CARLOS E VALCARCEL I 61 CLIFTON TERRACE NAPLES,FL 34120-1405 - - 2990 35TH AVE NE WEEHAWKEN,NJ 02086-0000 NAPLES,FL 34120-1582 EMMANUEL EVANGELICAL EMMANUEL EVANGELICAL LUTHERAN EMMANUEL EVANGELICAL LUTHERAN I LUTHERAN CHURCH CHURCH OF NAPLES INC CHURCH OF NAPLES INC 777 MOORING LINE DR 777 MOORING LINE DR 777 MOORING LINE DR LES,FL 34102-4715 NAPLES,FL 34102-4715 NAPLES,FL 34102-4715 EMMANUEL EVANGELICAL LUTHERAN EMMANUEL EVANGELICAL LUTHERAN EMMANUEL EVANGELICAL LUTHERAN CHURCH OF NAPLES INC CHURCH OF NAPLES INC CHURCH OF NAPLES INC 777 MOORING LINE DR 777 MOORING LINE DR 777 MOORING LINE DR NAPLES,FL 34102-4715 NAPLES,FL 34102-4715 NAPLES,FL 34102-4715 1 1 . i 'Easy Peel®Labels ® Bend along line to �i ��0 5160® Use Avery®Template 5160® Feed Paper expose Pop-up Edge"' 1 I EMMANUEL EVANGELICAL LUTHERAN I EMMANUEL EVANGELICAL LUTHERAN I EMMANUEL EVANGELICAL LUTHERAN • CHURCH OF NAPLES INC CHURCH OF NAPLES INC I CHURCH OF NAPLES INC el 777 MOORING LINE DR 777 MOORING LINE DR 777 MOORING LINE DR NAPLES,FL 34102-4715 NAPLES,FL 34102---4715 NAPLES,FL 34102-4715 , EMMANUEL EVANGELICAL LUTHERAN ERDOS TR,THELMA M ESCALONA,DANIEL CHURCH OF NAPLES INC DATED 06/28/90 + 330 TAMIAMI CANAL RD 777 MOORING LINE DR 17805 N BOSWELL BLVD MIAMI,FL 33144-2545 NAPLES,FL 34102-4715 SUN CITY,AZ 85373-1624 i i EVEROIL LLC FERRERA,HUMBERTO FLEMING,LANCE J=&TAMMI S 613 CORBEL DR 2731 31ST AVE NE 3040 OIL WELL RD NAPLES,FL 34110-0000 NAPLES,FL 34120-4477 NAPLES,FL 34120-1459 FRESOLI CORP GALVIN,LINDA L GARCIA,MARIO 6039 SHALLOWS WAY 2845 31STAVE NE 5730 W 14TH AVE NAPLES,FL 34109-0762 NAPLES,FL 34120-4541 HIALEAH,FL 33012-2217 GODDARD,JOHN GODDARD,JOHN GODOY,ALAN PO BOX 62 PO BOX 62 CINDY SANTOS NICHOLS,IA 52786-0062 NICHOLS,IA 52766-0062 2540 35TH AVE NE • NAPLES,FL 34120-0000 GOEDEKE,MARGARITA GOEDEKE,MARGARITA MADERA GREER,JENNA N1CHOLE 2785 31STAVE NE KIMBERLEE HERNANDEZ RR 1 BOX 85A NAPLES,FL 34120-4477 LILLIAN CUEVAS FOSTER,OK 73434-9655 2785 31ST AVE NE NAPLES,FL 34120-4477 GUAMINI LLC GUAMINI LLC GUZMELI,BARBARA 1000 BRICKELL AVE#400 1000 BRICKELL AVE#400 2618 35TH AVE NE MIAMI,FL 33131-0000 MIAMI,FL 33131-0000 NAPLES,FL 34120-1405 , I - - - < - ---- - -- HINES,GARFIELD HUTCHINSON ETALS,LARRY W JC DRAINFIELD INC I EDELL HINES 1331 AUGUSTINE DR 768 COMMERCIAL BLVD i 4665 8TH ST NE THE VILLAGES,FL 32159--8536 -- MAPLES,FL -34104-4797 -• NAPLES,FL 34120--2904 JC DRAINFIELD INC JC DRAINFIELD INC JC DRAINFIELD INC 788 COMMERCIAL BLVD 768 COMMERCIAL BLVD 768 COMMERCIAL BLVD IIIJ NAPLES,FL 34104-4797 NAPLES,FL 34104--4797 NAPLES,FL 34104-4797 • JC GRAINFIELD INC JOHNSON,KATHLEEN M JOHNSON,WALFI M•&ELMA I 768 COMMERCIAL BLVD 8 RAYMOND PL %ELEANOR BOYD NAPLES,FL 34104-4797 CROMWELL,CT 06416-1316 1033 VILLA PL GIRARD,OH 44420-2084 I I I • -Easy Peel®Labels 1 1 A imillog3 Bend along line to 1 o AVERY0 5160® i i il Use Avery®Template 5160® Feed Paper expose Pop-up Edge"' d ! ALEPH,BOBBY JUNKER,GREGORY S=&KATHLEEN L KIRNON,ANNA LOUISE 31ST AVE NE 2402 ROCKWELL AVE ANTOINEALDRIC KIRNON PLES,FL 34120-0456 ! CATONSVILLE,MD 21228-4753 2685 31ST AVE NE NAPLES,FL 34120-0000 KUNTZ,JOHN E=&MARY A LAURORE,KENOL=&SANDY LINARES,HECTOR G j 260 WESTBROOK DR 2680 31ST AVE NE 3261 2ND AVE SE TOMS RIVER,NJ 08757-5640 NAPLES,FL 34120-2921 NAPLES,FL 34117-3764 LINK,CHRISTOPHER=&KATHERINE LUCIO,GABRIEL MARTINEZ,ANTONIO 1777 BIRDIE DR SANTOS LUCIO 2835 31ST AVE NE NAPLES,FL 34120-0541 PO BOX 653033 NAPLES,FL 34120-4541 MIAMI,FL 33265-3033 MCDONALD,SHANE MERCADO,MARCELO MINED,MARCO 2795 31STAVE NE LILLIAN GUADALUPE 2680 OIL WELL RD j NAPLES,FL 34120-4477 3125 EVERGLADES BLVD N NAPLES,FL 34120-4529 NAPLES,FL 34120-1700 MINEO,MARCO MM PROPERTY INVESTMENTS LLC MOHRING,KATHLEEN A 80 OIL WELL RD � 8260 SW 182ND ST KAREN BARLASS LES,FL 34120-4529 PALMETTO BAY,FL 33157-6134 2531 7 MILE RD SOUTH LYON,MI 48178-9617 , MUSLIMANI,RAY NOEL,JOSEPH OBERLIES,DEBORAH L PO BOX 110127 ROSE JEAN 2730 35TH AVE NE NAPLES,FL 34108-0103 3445 EVERGLADES BLVD N NAPLES,FL 34120-0441 NAPLES,FL 34120-1547 OJEDA,SERGIO=&JOYCE OLIVOS TR,ALFONSO ORTEGA,HECTOR F DE LA NOVAL,DAVID=&YAIME INES OLIVOS TR 2720 35TH AVE NE 16653 SW 1ST ST ALFONSO OLIVOS REV TRUST NAPLES,FL 34120-0441 PEMBROKE PINES,FL 33027-1018 , INES OLIVOS REV TRUST5548 FOXHUNT WAY NAPLES,FL 34104---4903 . \ PADILLA,JAIME L PATTERSON,RONEY L=&SHARON A PELAEZ,GONZALO 3413TISDALE DR 5051 PALMETTO WOODS DR 5561SW 8TH CT - • L!,-,W14ITOZ4.KY 40503-4234 . I NAPLES,FL 34119-0000 • 4r1AR A .A.,.33068--2930. '• g` PEREZ,HENRY PEREZ,JUAN MIGUEL PEREZ,RAFAEL 2042 MANDARIN LN 2914 31ST AVE NE 17220 SW 146Th CT NAPLES,FL 34120-4554 NAPLES,FL 34120-4505 MIAMI,FL 33177-6622 • RAMIREZ,CATALDO LAURICELLA RAMOS,ARIEL RAMSINGH,NORMAN R 2305 LAKE AVENUE 2748 35Th AVE NE 6119 FUNSTON ST MIAMI BEACH,FL 33140---0000 NAPLES,FL 34120-0441 HOLLYWOOD,FL 33023-1826 1 .1 _- r =Easy Peel®Labels A I Bend along line to Q ,•'VERY®5160® 1, }Use Avery®Template 5160® I Feed Paper ® expose Pop-up deTM �I • I, RENTERIA,MARIA G 1 REYMARRE CORP RIBISI,CHRISTIAN=&NORMA HILARIO ROGRIGUEZ-MENDEZ 821 NW 32 CT 3415 EVERGLADES BLVD N III 2980 31ST AVE NE MIAMI,FL 33125-0000 • NAPLES,FL 34120-0000 NAPLES,FL 34120-4505 j • i )I RIVERA,MONICA FABIOLA ROBERTS,MARK RODRIGUEZ,JOSE 2670 OIL WELL RD 2660 OIL WELL RD MARIA F DIAZ NAPLES,FL 34120-0000 NAPLES,FL 34120-0000 13856 SW 155TH TER MIAMI,FL 33177-1158 • ROMERO,C MARISELA MANGO ROSS,RANDOLPH R=&JOYCE T SAN LAZARO INVESTMENTS LLC 3745 41ST AVE NE 2640 31ST AVE N E 3506E 23RD ST NAPLES,FL 34120-0000 NAPLES,FL 34120-2921 ALVA,FL 33920-1312 SAN LAZARO INVESTMENTS LLC SANCHEZ,SILVIA SANTOS,CHRISTOPHER A 3506 E 23RD ST • 8235 IBIS CLUB DR#307 2670 OIL WELL RD ALVA,FL 33920-1312 NAPLES,FL 34104 0000 NAPLES,FL 34120-4529 • SMITH,JOHN R SOSA,PEDRO A=&ISABEL M SOTO JR,RUPERTO KRISTEL RABORN 940 W 43RD ST ADELAIDA SOTO • 2775 OIL WELL RD HIALEAH,FL 33012-7252 2830 35Th AVE NE • NAPLES,FL 34120-4454 NAPLES,FL 34120-0489 SUMRELL,MATTHEW B SUTHERLAND,ROBERT N=&EMMA P THOMPSON,ROBIN LEA 102 WOODRUFF CT 6035 NORTH WATERBURY ROAD 3295 LAKESIDE RD NE*1 CARY,NC 27518-6835 DES MOINES,IA 50312-0000 MILLERSPORT,OH 43046-9789 • TORRES,LAZARO QUINONES • UNITED COMMUNITY BANK TR WALSH,BONNIE=&TERRY 2975 31ST AVE NE NO 405-023 TRUST 2400 OIL WELL RD NAPLES,FL 34120-0000 UTD 2005 NAPLES,FL 34120-1471 1900 WILES AVE SPRINGFIELD,IL 62704-4176 • WALSH;TERRY WALSH,TERRY=&BONNIE WILLIAMS,MICHAEL C 1 BONNIE L JOLLY WALSH t�g� 2400 OIL WELL RD 3291 NW 42Nd ST . . 2400 0.14V,.4 ,_-Rti;i to°0 6 t 1.14. d 1 ', NAPLES,FL 34120-1471 I• 4 '•FORT Lsp:Y .RU ,-F-•33309-4224 NAPLES,FL 34120-1471 • - - _..._ - . •1 I I - ---- 1 1 • fa ai c N �� {�TV�� \� N t• ea U L `J n 'T C Cron a — ! 7: c o o s• a E E v ----.-0 a ILA ►-y + 5• s i --1 z `3 a c m Y t /.� V r h W4 N w ix O th z 0d � g imf c u a M ; -� • a N w V 43 E5 w Sy . w liii (n z V O • CtS E"y W 3 c° � �c N [• "� y I N o ► d I 'Q /� o � c y 0 W Z FA N U F� O it N ''‘q fa .. d � wo O N Z -, , E Z ▪` W Q v C c o N W AE J� a � � � �w L 'L-4 164 oA w g .4„ N__, 4.1 i �x w v z ' y v O Z c r,,1 N i+ VV CJJ W .. v, fli 3 W `a zW 4., .. CO c N -0 H 0 a •y a, VU A el >E 0 ID ‘.1.) `Z, o I •Ct 4 \ ,cu h I r ,' -' , 5yj ' , - a\\* ,..s,.. ' ''. \_ 1 NIM SUMMARY • Emmanuel Evangelical Lutheran PDI PDI-PL20150000262 July 27,2015 5:30 PM Collier County UF/IFAS Extension Office 14700 Immokalee Road Multipurpose Room Note: This is a summary of the NIM. A recording is also provided. Attendees: On behalf of the 'Applicant: Bob Mu'here,FAICP;Paula McMichael,AICP;Barry Jones,PE;Nancy Lewis; Dee Schleutker County Staff: Nancy Gundlach, Daniel Smith Approximately 7 members of the public attended. Mr.Mulhere started the presentation by introducing himself,the other consultants, and County staff. He explained the NIM process,the process for approval,provided an overview of the project, and also went • over the proposed changes to the PUD and explained there were no changes to the PUD Master Plan and that the proposed changes are considered insubstantial. The members of the public who attended identified themselves as residents to the south and landowners to the north.The following questions were asked: [A neighbor asked, before the meeting began, about the location of the field in relation to her house on 31st Street,to the south of the subject property. The athletic field is located along Oil Well Road at the northwest corner of the site, approximately 660 feet from the south property line of the PUD.] What kind of athletic field is proposed—baseball field,soccer field? The field has the dimensions of a soccer field, so it will probably be used just for soccer. It could be used for other sports,but it is not designed as a baseball field.The County is looking at creating park not far from here—not as big as the park at Santa Barbara,but something like that. Will the field be limited to particular day or any sporting events? d not be limited to a particular day. In the summer months it would be used more in the • No, it wool nob p y winter it gets dark earlier,so primarily used after-school and on weekends. 1 H:12006\2006096\WPIPDI 2015\NIM\NIM Summary 7-27-15.docx • Any kind of covered structure for families watching the sporting events? Not right now, right now the church is just planning to construct the field,temporary sanitary facilities, and parking for the field. The church could probably put in a covered structure,that would probably be permitted as an accessory structure,but there aren't any plans for that at this time. Would this allow restaurant trucks? No, it doesn't. The PUD does allow for farmer's market/special events, consistent with what other churches are allowed to apply for. [From staff] You're adding "sports, religious, and community events" to the PUD —is that open- air farmer's markets? Well,we're not adding them,they're already permitted, as a special event,we are just making that clear [that they are permitted]. You're referring to a farmer's market like a roadside stand? • No, more like a temporary flea market. The county allows special events up to 28 days per calendar year,you have to get a special permit to allow for them. We're also asking for temporary seasonal sales, like pumpkins and Christmas trees. Fireworks? Yes, they can ask for the permit, don't know that they intend to, but it's a temporary use permit that's allowed. Carnival—would they also have that? A carnival permit is a different permit, not covered by this. This would not permit us to do that. Once the church is built, it's a different story. They could apply for that permit. [This was confirmed with County staff following the NIM. A carnival permit is required if the event will have mechanical rides, and,if it has not been held in Collier County previously,must go to the BoCC for approval.] • Do you have a start date to build the church? • No, we don't have a start date. They are meeting with architects in September to start to develop a phased plan for the site. 2 H:\200612006096\WP\PDI 2015\NIM\NIM Summary 7-27-15.docx You have five years to build the church,right? 111111 No, the approval for the athletic field is for five years. If the church isn't built at the end of five years, the church has to ask the county for an extension on the interim use. A lot of growth is coming to this area, though, with Rural Lands West just down Oil Well Road. Ultimately that's an additional 10,000 units, 4,000 units planned for phase one. What about Collier City?Is that moving forward? • That's the development that's now known as Rural Lands West. Yes, it's moving forward. It will take 15-20 years to build out. [From staff] Does the church plan to build a school, and the athletic field will be ancillary to that school? No,it's just to have a field,which was always part of the approved master plan. There will be religious education and after-school tutoring. A private school is an allowed use in the PUD, but it's not planned at this time. •How big is the membership? It's just starting. Right now the church at Mooring Line Drive probably has 1,000 members. It's just starting at Pebble Brook right now. The PUD plans for a 20,000 SF worship center to accommodate for future growth, plus administrative offices, a fellowship center, and a child [education facility]. These uses are already approved. What we're talking about is just the change to allow the athletic field [prior to the church being built], and allowing"sports,religious,and community events." The meeting concluded at approximately 5:45 PM. • • 3 H:12006120060961WP\PDI 20151N11v11NIM Summary 7-27-15.docx SIGN POSTING INSTRUCTIONS IIII (Section 10.03.00,COLLIER COUNTY LAND DEVELOPMENT CODE(LDC) A zoning sign(s)must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs,however these guidelines should not be construed to supercede any requirement of the LDC: For specific sign requirements, please refer to Section 10.03.00 of the LDC. 1. The sign(s)must be erected in full view of the public, not more than five(5) feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails,staples,or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s)in place,and readable condition until the requested action has been heard and a final decision rendered. If the sign(s)is destroyed,lost,or rendered unreadable,the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. - AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER • BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED ROBERT J. MULHERE, FAICP . WHO ON OATH SAYS THAT HE/SHE'HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PDI-PL-20150000262 HOLE MONTES, INC. SI ATURE OF APPLICANT OR AGENT STREET OR P.O.BOX ROBERT J. MULHERE, FAICP 950 ENCORE WAY, NAPLES, FL 34110 NAME-(TYPED OR PRINTED) CITY,STATE ZIP # STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this 25th day of November 20015 by ROBERT J. MULHERE , personally known to me or who produced as identification and who did/did not take an oath. s„,„4,,,, S1EP11ANEKAF101 Signatu of Notary Public t.: . MYOo,1ssONtffIsm ...._ EXPIRES:Mardi 9,2016 Stephanie Karol ,;14.;,. 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N } ,,, :=,.,7*-,;;;;:,,,,',,,,,--,,,g4,:,:it-kt-,,-i,,, , , st: F r AGENDA ITEM 4-C $ runt STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING SERVICES DIVISION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: DECEMBER 10, 2015 SUBJECT: PETITION SV-PL20150001856, RACETRAC AT DAVIS SIGN VARIANCE PROPERTY OWNER/AGENT: Applicant: Agent: RaceTrac Petroleum, Inc. Ms. Kristina Johnson 3225 Cumberland Boulevard, Suite 100 DeLisi Fitzgerald, Inc. Atlanta, GA 30339 1605 Hendry Street Fort Myers, FL 33901 Owner: Contract Purchaser: Davis& Radio LLC Del Lago Ventures, Inc. 26880 Wedgewood Drive # 203 Bonita Springs, FL 34134 REQUESTED ACTION: The applicant is requesting a variance from Section 5.05.05C.4.b. of the Land Development Code (LDC)which limits a facility with fuel pumps canopy to one corporate logo with a maximum area of 12 square feet on the canopy face adjacent to a dedicated street, to instead allow three total corporate logos—one with a maximum area of 50 square feet on the canopy facade facing Davis Blvd., one with a maximum area of 30 square feet on the canopy facade facing Radio Road, and one with a maximum area of 30 square feet on the canopy facade facing southwest, which is not adjacent to a dedicated street: from [DC Section 5.05.05.C.4.c,which limits each facility with fuel pump site to one ground sign with a maximum area of 60 square feet located within a 200 square foot landscaped area, to instead allow two total ground signs on site—one 60 square foot gas price sign along the Davis Blvd. frontage, and one 60 square foot gas price sign along the Radio Road frontage: from LDC Section 5.06.04 F.4, which limits single occupancy parcels with double frontage on a public right-of-way to two total wall signs,each sign on a different facade,to instead allow four total wall signs—one on the northeast building facade facing Radio Road, and three on the southeast building facade facing Davis Blvd.: and from LDC Section 5.06.04 F.4.e, which limits non-illuminated,non-reflective signs located in a window to cover a maximum of 25 percent SV-PL20150001856.RACETRAC SIGN VARIANCE November 5.2015 Page 1 of 8 •H .,. In- - c1c1m 'C). lilt- n- ECM - - W o - v - ti' li ' " '" 14 WI raw m 20� sim �� - in C).1 c,....liviial p- ! d aAt Ay,4,.. 1111‘ N O Z U . IIS- 4%46 :211111$11i ---''-- i (e ii Ewa (t)zi-3wa Sak° / i NJ I l Lb 4viotsgsgsgEgoo ..--..,,.„...\ II I■ 1 0 R. .. saa� , 'O- N J 31.n0/LOA • CO It iIIp • �{ryry�P. i i- T ` ii A ii wl I ° ,, 2-9. 59 1 --I ll i 11 3 F.: Qdn _ nxon �Sn tl• , aroma alma r i s 3! ,rN. z 0 g t- 4 4_1 LF 1! ii / k 11° ! I i n : 1 44',.<0% " 1 it 12 � uwt*nvi w J I it �i 11 I� ¢ 1 .1.1NYL 41 lig unn= .: .NVauve -�� 7- - �ANY6 i y51 �• Ea `1 l A a I F Ili 1 3C3i P 431 ka3 3 R % i g iii s R r ' .w! J I of the window area, to instead allow such a sign to cover a maximum of 46 percent of the window area, for a proposed RaceTrac facility with fuel pumps. GEOGRAPHIC LOCATION: The subject 3.58±acre property,RaceTrac at Davis,is located on the northwest corner of the Radio Road and Davis Boulevard intersection, in Section 3, Township 50 South, Range 26 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The subject property is a vacant,undeveloped property at the corner of Davis Boulevard and Radio Road. A new RaceTrac facility is proposed and the petitioner is requesting five variances related to signs from the LDC Section 5.06.00 "Sign Regulations" and LDC Section 5.05.05 "Facilities with Fuel Pumps"as described below: 1. A Variance is sought from LDC Section 5.05.05.C.4.b.,"Canopy Standards,"which permits a"maximum sign area of 12 square feet ...on a canopy face which is adjacent to a dedicated street or highway"to instead allow: - 50 square feet for a sign on the canopy facade facing Davis Boulevard; - 30 square feet for a sign on the canopy facade facing Radio Road; and -30 square feet for a sign on the canopy facade facing the vacant commercial parcel. 2. A variance is sought from LDC Section 5.05.05.C.4.b.,"Canopy Standards,"which requires that a sign "shall be allowed on a canopy face which adjacent to a dedicated street or highway,"to allow a sign on the southwest side of the fuel canopy not adjacent to a right- of-way but adjacent to a vacant lot. 3. A variance is sought from LDC Section 5.06.04.F.4., Wall Signs, which requires "Single occupancy parcels where there is double frontage on a public right-of-way,shall be allowed 2 signs, but such signs shall not be placed on one wall," to allow a total of 4 wall signs, 1 wall sign on the northeast frontage (facing Radio Road) and 3 wall signs on the southeast frontage(facing Davis Boulevard). 4. A variance is sought from LDC Section 5.06.04.F.4.e.,Window Coverage,which states that the window sign area cannot exceed 25 percent of the window area to allow a 46 percent coverage for a proposed window cling. 5. A variance is sought from LDC Section 5.05.05.C.4.c., Ground Signs, which requires that "one ground sign shall be permitted for each site,"to allow for two ground signs for a site. According to information submitted.by the petitioner,the subject site is unique in that it is located at the intersection of Radio Road and Davis Boulevard where the alignment of the roads are curvilinear rather than a typical 90 degree angle. In addition, the Sign Variances are needed to provide business name recognition and business visibility. For further information,please see the attachment"Variance Justifications"and the attachment"Signage Package." SV-PL20150001856,RACETRAC SIGN VARIANCE November 5,2015 Page 3 of 8 :: Ilk\ ' S. ilk,,:„ , 7,I 6 , _ _ M yr i ' Aet . r tor aJi ...mail `i a, r t i�,.3� *At .. - ^s i ,,,..., ..,- 1 1 -I }. , F .~ S !- I •,3 i Subject Property z ' ,.mo t " K ^, 1 Co xr Ca.mv.,ava+v J mnia.blaa fl.. . a U...o2ft AERIAL PHOTO SURROUNDING LAND USE AND ZONING FOR CARILLON PUD: North: Radio Road and then Woodside Lanes Bowling Alley, with a zoning designation of Woodside Lanes PUD East: Radio Road and then a vacant, undeveloped property with a zoning designation of C-3 (Commercial Intermediate) South: Davis Boulevard and then preserve areas with a zoning designation of Cedar Hammock PUD West: vacant, undeveloped land with a zoning designation of C-3 (Commercial Intermediate) SV-PL20150001856.RACETRAC SIGN VARIANCE November 5.2015 Page 4 of 8 GROWTH MANAGEMENT PLAN(GMP)CONSISTENCY: The subject property is located in the Urban Designation of the Future Land Use Map of the Growth Management Plan (GMP). The GMP does not address individual Variance requests but focuses on the larger issue of the actual use. The RaceTrac is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the Sign Variance request is not specifically addressed. ANALYSIS: The decision to grant a sign variance is based on the criteria of LDC Section 5.06.08.B. Staff has analyzed this petition relative to the evaluative criteria and offers the following responses: a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands,structures or buildings in the same district. The subject site is located at the northwest intersection of two curvilinear roads, Davis Boulevard and Radio Road. The curvilinear roads disrupts the line of sight to the proposed ground signage that might otherwise be more visible. b. That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. The literal interpretation of the provisions of the sign code would not deprive the applicant of the rights commonly enjoyed by other properties in the same zoning district and cause unnecessary and undue hardship on the applicant. However, if a literal interpretation of the LDC provision is applied, then the applicant will not be able to have any additional building wall,window,canopy and ground signage. c. That the special conditions and circumstances which are peculiar to the land,structure or building do not result from the actions of the applicant. Yes,the subject site is located at the corner of two curvilinear roads which disrupts the line of site to ground signage that might otherwise be more visible. d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands,structures or buildings in the same zoning district. SV-PL20150001856,RACETRAC SIGN VARIANCE November 5,2015 Page 5 of 8 Yes. A Variance by definition confers some dimensional relief from the zoning regulations specific to a site. The granting of the Sign Variances request would allow for an additional signage on the building façade, window, canopy, and site. This sign variance confers a special privilege on the applicant. e. That the variance granted is the minimum relief that will make possible the reasonable use of the land,building or structure. Yes. The purpose of the requested Sign Variance is to allow for an additional signs that are otherwise not permissible by the Sign Code. The additional signage granted by the proposed sign variance would aid patrons in identifying the business. If the Conditions of Approval recommended by Staff is followed,the reasonable use of land is possible. f. That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan, and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. Section 5.06.01.A. of the LDC states that the purpose and intent of the LDC relative to signage is to ensure that all signs: 1. Lessen hazards to pedestrians and vehicular traffic; 2. Preserve property values; 3. Prevent unsightly and detrimental signs that detract from the aesthetic appeal of the county and lead to economic decline and blight; 4. Prevent signs from reaching such excessive size and numbers that they obscure one another to the detriment of the county; 5. Assure good and attractive design that will strengthen the county's appearance and economic base; 6. Preserve the right of free speech and expression in the display of signs. It is Staff's opinion that the request for the additional signs meets the purpose and intent of the Sign Code. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for SV-PL20150001856 revised on November 3,2015. RECOMMENDATION: Staff recommends that the Hearing Examiner approve Petition SV-PL20150001856 subject to the following conditions of approval that have been incorporated into the attached resolution: 1. The canopy signs shall be limited to the following locations and maximum sizes: - 50 square feet for a sign on the canopy façade facing Davis Boulevard; SV-PL20150001856,RACETRAC SIGN VARIANCE November 5,2015 Page 6 of 8 I - - -30 square feet for a sign on the canopy facade facing Radio Road; and -30 square feet for a sign on the canopy facade facing the vacant commercial parcel. 2. A canopy sign shall be allowed on the southwest side of the fuel canopy adjacent to the vacant lot. 3. A maximum total of 4 wall signs shall be allowed: 1 wall sign on the northeast frontage (facing Radio Road)and 3 wall signs on the southeast frontage(facing Davis Boulevard). 4. The proposed window cling is allowed a maximum of 46 percent window area coverage. 5. A maximum of two ground signs are allowed on the subject site. Attachment A: Variance Justifications Attachment B: Signage Package SV-PL20150001856,RACETRAC SIGN VARIANCE November 5,2015 Page 7 of 8 PREPARED BY: nov. 201 NANCY G H, AICP. PLA DATE PRINCIPA P A ER ZONING DIVISION REVIEWED BY: RAYM • V. BELLOWS,ZONING MAN DATE ZONI ' IIVISION MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION SV-PL20150001856,RACETRAC SIGN VARIANCE November 5,2015 Page 8 of 8 DELISI FITZGERALD, INC. Planning-Engineering-Project Management RACETRAC AT DAVIS BOULEVARD: VARIANCE JUSTIFICATIONS SUBMITTAL DATE: OCTOBER 22, 2015 1. Deviation: Section 5.05.05.C.4.b. (Canopy Sign Area) The applicant is requesting a deviation from the Collier County LDC Section 5.05.05.C.4.b. which requires that a "corporate logo with a maximum area of twelve (12) square feet shall be allowed" to allow a fifty (50) square foot corporate logo on the canopy facade facing Davis Boulevard and a thirty (30) square foot corporate logo on the facades facing Radio Road and facing the vacant commercial parcel. Justification: RaceTrac Petroleum, Inc. does not have a corporate logo similar to some other corporate gas station companies. The corporate logo for RaceTrac is their name and by limiting their logo to the allowed twelve (12) square feet results in an 8.4' wide sign with 1.4' high letters. With their letter size reduced the sign would be difficult to read on the canopy and possibly unrecognizable. In addition, RaceTrac wishes to have a recognizable appearance in Collier County. The color banding is no longer being requested therefore it is important that their logo on the fuel canopy is recognizable. This recognition is important for motorists traveling on Davis Boulevard who wish to enter the RaceTrac. The signage needs to be recognizable from a distance so drivers can safely maneuver as needed to enter the Project. Davis Boulevard in front of the project is a 6-lane divided arterial with a 45 MPH posted speed. As per coordination with the Florida Department of Transportation the posted speed limit has been analyzed and will increase to 50 MPH in the near future. At this speed, vehicles travel over 80 feet per second. Allowing the drivers to recognize the destination in time to safely maneuver to the needed turning movements is a critical element of the canopy signage. The Canopy Sign Legibility Exhibit enclosed with the variance package illustrates the typical viewer reaction distance and sign legibility distance for motorists. There are no negative impacts anticipated with the proposed canopy sign areas. 2. Deviation: Section 5.05.05.C.4.b (Canopy Sign Location) The applicant is requesting a deviation from the Collier County LDC Section 5.05.05.C.4.b which requires that a corporate logo is "allowed on a canopy face which is adjacent to a dedicated street or highway" to allow a canopy sign on the southwest side of the fuel canopy not adjacent to a right-of-way. Justification: RaceTrac Petroleum, Inc. has frontage on both Davis Boulevard, to the south, and on Radio Road, to the north and east. Canopy signage is requested along each of these rights-of-way and a canopy sign is also requested on the southwest side of the fuel canopy. Although the southwest side of the fuel canopy is not adjacent to a right-of- 1605 Hendry Street ° Fort Myers,FL 33901 , 239-418-0691 239-418-0692 fax Attachment A way, it will be visible to potential patrons traveling eastbound on Davis Boulevard. The access into the RaceTrac site for eastbound patrons on Davis Boulevard is a proposed directional left turn lane located well in advance of the site. The requested canopy sign will notify potential patrons sooner giving them more time to make necessary lane changes to safely enter the site. The front canopy signage is relatively close and parallel to the roadway. In this alignment the motorist's view, detecting, and reading a sign is generally restricted to quick sideways glances as the sign is approached and the angle of view becomes more constricted. The proposed signs on the ends of the canopy are to allow the preferred perpendicular signage orientation which can be recognized much easier by drivers. The requested southwest canopy sign faces an undeveloped commercial parcel. There is a proposed frontage road along the Davis Boulevard right-of-way on the vacant commercial parcel contained in an access easement. This frontage road ensures visibility of the southwest canopy sign regardless of how the adjacent parcel develops. No negative impacts are anticipated as a result of this request. 3. Deviation: Section 5.06.04.F.4. (Number of Wall Signs) The applicant is requesting a deviation from the Collier County LDC Section 5.06.04.F.4. which requires "single occupancy parcels where there is double frontage on a public right-of-way, shall be allowed 2 signs, but such signs shall not be placed on one wall" to allow a total of four (4) wall signs, one (1) wall sign on the northeast frontage (facing Radio Road) and three (3) wall signs on the southeast frontage (facing Davis Boulevard). Justification: RaceTrac Petroleum, Inc. has frontage on both Radio Road and on Davis Boulevard. The building area is 5,928 SF therefore the allowable sign area shall not exceed 150 SF on each facade and shall not exceed 20-percent of the facade area. The building's southwest facade area facing Davis Boulevard is 2,280 SF +/-, based on the building square footage, the allowable sign area is 150 SF. RaceTrac is requesting (1) 41 SF identification sign above the entrance on the building's tower element facing each frontage, one (1) 28 SF Swirl World sign, and one (1) 66 SF window cling. The 28 SF Swirl World sign and 66 SF window cling are intended to be seen by the patrons at the pumps and is not intended to be seen by those traveling by. The total requested sign area for the three (3) wall signs on the southeast facade facing Davis Boulevard is 135 SF which is below the allowable 150 SF and is only 6-percent of the total facade area. Furthermore the allowable sign area on the northeast facade facing Radio Road is 150 SF based on the building square footage. The northeast facade facing Radio Road is 1,176 SF +/-, and RaceTrac is proposing one (1) 41 SF identification sign which is only 3.5-percent of the total facade area. Therefore the applicant is meeting the code required 150 SF with their signage on each facade. No negative impacts are anticipated by allowing the additional signs facing Davis Boulevard. 2 4. Deviation: Section 5.06.04.F.4.e. (Window Coverage) The applicant is requesting a deviation from the Collier County LDC Section 5.06.04.F.4.e. which requires "any non-illuminated, non-reflective signs located in a window shall not exceed 25 percent of each window area" to allow a window sign (window cling) to have 46-percent coverage. Justification: RaceTrac is requesting one (1) 66 SF window cling on a 143 SF window along their southeast facade facing Davis Boulevard. This results in a coverage of 46-percent of that window. However the total window area on the southeast facade is 618 SF which results in a coverage of 11-percent. Although the requested window cling covers 46- percent of its respective window, there are no other window signs proposed for this building. Also the window cling is transparent allowing full view to the outside from the inside of the store and it allows light to enter the building. Therefore no negative impacts are anticipated by allowing this coverage. 5. Deviation: Section 5.05.05.C.4.c. (Number of Ground Signs) The applicant is requesting a deviation from the Collier County LDC Section 5.05.05.C.4.c which requires that "one ground sign shall be permitted for each site" to allow two (2) ground signs for the site. Justification: RaceTrac is proposing one (1) 60 SF gas price sign along the Davis Boulevard frontage, and is requesting one (1) additional 60 SF gas price sign along the Radio Road frontage. The RaceTrac gas station is located at the northwest corner of Radio Road and Davis Boulevard with frontage on both of these rights-of-way. Radio Road is an east-west arterial corridor west of the RaceTrac property and it turns into a northwest- southeast roadway just north of the intersection of Davis Boulevard. Davis Boulevard is primarily an east-west arterial corridor that also has an alignment change adjacent to the RaceTrac property. The unique alignment of the Davis Boulevard and Radio Road intersection is depicted in the enclosed Radio Road Visibility Exhibit. RaceTrac is proposing an access to Radio Road to capture eastbound patrons on Radio Road prior to them entering the Davis Boulevard and Radio Road intersection. The site layout, which is typical for gas stations, has the fuel canopy positioned along the Davis Boulevard frontage with the convenience store behind it. The Radio Road access is located at the northwest corner of the property behind the building, behind the fuel canopy, and adjacent to the onsite preserve area. A fuel canopy is a standard identifying feature of gas stations and in this location the fuel canopy is not visible for motorists traveling eastbound on Radio Road until they are nearly past the Radio Road access. RaceTrac is proposing signage on the building facade that will face Radio Road resulting in a parallel sign. In this alignment the motorist's view, detecting, and reading a sign is generally restricted to quick sideways glances as the sign is approached and the angle of view becomes more constricted. Therefore the proposed building sign will not be visible until motorists are well past the Radio Road access. Lastly the sign proposed along the Davis Boulevard frontage is offset from the hard corner and placed further west on the property. The Land Development Code Section 5.05.08.C.1.b requires that properties located at the intersection of two (2) or more 3 arterial roads include a design feature to emphasize their location as a gateway and transition point within the community. RaceTrac is proposing a corner feature at the hard corner of Radio Road and Davis Boulevard to meet this requirement. Therefore the Davis Boulevard price sign is not visible from Radio Road. The Radio Road Visibility Exhibit, enclosed with this request, illustrates the unique alignments of the Radio and Davis rights-of-way, the orientation of the RaceTrac gas station on the property, the location of the onsite preserve area, the location of the fuel canopy, the location of the proposed signage and corner feature on the site, as well as the location of the Radio Road access. As seen in the Exhibit, the unique alignment of the adjacent rights-of-way limit visibility of the RaceTrac gas station to eastbound motorists on Radio Road. The requested sign on Radio Road will provide the necessary identification of the RaceTrac gas station in order for those motorists to safely enter the site through the Radio Road access. Therefore no negative impacts are anticipated by allowing the additional sign. 4 i ir il 3 I 4 u) } as k lia P C ii,j 2 co u_ m .�zI V1 N al 4 (7, t i u 0 Z A 4 4= f ‘14) CC2 uma-- t plii‘e t- V bpi !,o 0 qci- Cto ce %....,„....., , . 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III 11111 ea m S a CJ a a u 2, a2 m° t • N N N• d(Z C y sn1d : u n N-Z pasela 4 m d d td N t I 2 t v 10 0 9 oA ° o `Y V o_c g v �' E A'f]ya a 6. O r !. k E E°Jda w v 6 , _ �• d4 d .Q�"V Ililiflil/C 0m co h d 6.a ae �# 1 �U tO N C u.. 3W illuIi;J11 j 'R of U 41 w d N 1 u ow C:t2O U) w/£ .815 L-,I O _ cn in .0 ,8 • November 18, 2015 • Dais, FITZGERALD, iNC. Planning-Engineering-Project Management Nancy Gundlach Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Re: RaceTrac at Radio & Davis Blvd. HEX Package PL20150001856 Nancy, Please find the following HEX Package items as they relate to the above referenced project: 1. Three (3) copies of Completed Application; 2. Three (3) copies of Completed Addressing Checklist; 3. Three (3) copies of the sign package; 4. Three (3) copies of the Variance Justification; 5. Three (3) copies of the Hearing Examiner Justification; 6. Three (3) copies of the Site Plan prepared by DeLisi Fitzgerald, Inc.; 7. Three (3) copies of Location Map; 8. Three (3) copies Lot Split Approval package; 9. Three (3) copies Blacked out Contract; 10. Three (3) copies Legal Description; 11. Three (3) copies Landscape Plans prepared by David M. Jones and Associates; 12. Three (3) copies of the Radio Road Sign Visibility Exhibit; 13. Three (3) copies of the Canopy Sign Visibility Exhibit; 14. Three (3) copies of the Affidavit of Authorization (included in the application); 15. Three (3) copies of RaceTrac's Sign Approval; 16. Three (3) copies Public Hearing Sign; 1.7. One (1) electronic copy of all plans and documents. Photos of the installed sign will be provided upon installation and prior to the 25`h of November. • 1605 Hendry Street•Fort Myers,FL 33901 •239-418-0691 • 239-418-0692 fax If you require any additional information, please contact our office at (239) 418-0691. • Sincerely, DeLisi Ftzgerald, Inc. ohn T. Wojdak, P.E. Vice President Project No.: 21319 cc: Tom Hardy L:\21319-RaceTrac @ Davis\Permits\Sign Variance\HEX Package to send to Nancy Gundlack\Hex Package .Cover letter.doc • ill 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 SIGN VARIANCE PETITION LDC sections 9.04.02,5.06.08,&Code of Laws section 2-83—2-90 Chapter 3 I.of the Administrative Code PROJECT NUMBER PROJECT NAME "/'o he completed by staff DATE PROCESSED IAPPLICANT CONTACT INFORMATION I Name of Applicant(s): RaceTrac Petroleum, Inc Address: 3225 Cumberland Blvd, Ste. 100 City: Atlanta State: GA ZIP: 30339 Telephone: 770-431-7600 Cell: 440-938-3324 Fax: 770-431-3953 E-Mail Address: Thardy @racetrac.com • Name of Agent: Kristina Johnson ' Firm: DeLisi Fitzgerald, Inc Address: 1605 Hendry Street City: Fort Myers State: FL ZIP: 33901 Telephone: 239-418-0691 cell: 239-285-6999 Fax: 239-418-0692 E-Mail Address: Kristina@DelisiFitzgerald.com Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. • 2/12/2014 Page 1 of 5 Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application. If space is inadequate,attach description on a separate page. Property I.D.#: 00399600302 Section/Township/Range: 3 /50 /26 Subdivision: Unit: Lot: Block: Metes& Bounds Description: Address of Sign Location: Northwest corner of Radio Road and Davis Boulevard Current Zoning: 0-3 Land Use of Subject Parcel: Vacant Commercial If a wall sign, length& height of wall upon which the Sign will be secured: See attached Width of Subject Property(road frontage): 385' +/- NATURE OF PETITION • 1. On a separate sheet attached to the application, provide a detailed explanation of the variance request including what signs are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce setback from 15 ft. to 10 ft.; why encroachment is necessary; how existing encroachment came to be;etc. 2. Please note that staff shall be guided in their recommendation to the Hearing Examiner, and that the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the below listed criteria (a-g), pursuant to LDC subsection 5.06.08 B. On a separate sheet attached to the application, please address the following criteria: a. Are there special condition and circumstances existing which are peculiar to the location, size and characteristics of the land, structure,or building involved. b. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. 2/12/2014 Page 2 of 5 Colter County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 e. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. f. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood,or otherwise detrimental to the public welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes,golf course,etc. h. Will granting the variance be consistent with the Growth Management Plan? S 2/12/2014 Page 3 of 5 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 SUBMITTAL REQUIREMENTS CHECKLIST See Chapter 3 I. of the Administrative Code for submittal requirements.This completed checklist is to be submitted with the application packet in the exact order listed below,with cover sheets attached to each secton. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application(download current form from County 6 ® website) Pre-Application Notes 1 J U Affidavit of Authorization signed and notarized 2 Survey or Site Plan of Property 6 Location Map depicting major streets in area for reference 1 ❑ n Completed Addressing Checklist 1 © n Once the first set of review comments ore posted, provide the assigned project manager the Property Owner Advisory Letter and 1 ❑ Certification Electronic Copy of all documents and plans * Please advise: The Office of the Hearing Examiner requires all 1 x ❑ materials to be submitted electronically in PDF format. • ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. FEE REQUIREMENTS: X Sign Variance Petition:$2,000.00 X Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 All checks payable to:Board of County Commissioners The completed application,all required submittal materials,and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 As the authorized agent/applicant for this petition,I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of process this petition. Applicant/Agent Signature Date William Milam, COO Printed Name/Title • 2/12/2014 Page 4 of 5 > Coil-ter County 0 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL2015000IaS6 1, William Milam (print name),as Pallid.," (title,if applicable)of Del 1.090 ventures,Inc. a (company,If app liable),swear or affirm under oath,that 1 am the(choose one)owner 0 applicant Ei contract purchaser and that: I. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application:and that 4. The property will be transferred, conveyed, sold or subdivided unencumbered by the conditions and restrictions imposed by the approved action. 5. We/I authorize DeLlsi Fitzgerald,Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation,then it is usually executed by the corp.pros.or v.pres. • If the applicant is a Limited Liability Company(L.L.c.)or Limited Company (LC.). then the documents should • typically be signed by the Company's "Managing Member' • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • lithe applicant is a trust,then they must include the trustee's name and the words ''as trustee". • In each instance,first determine the applicants status, e.g., individual, corporate, trust,partnership. estate, etc., and then use the appropriate format for that ownership. Under penalties of perjury,I declare that I have read the foregoing Affidavit of Authorization and that the facts stat6 d in it are true. i I7 Slgna a Date STATE OF FLORIDA p t2 V SI A COUNTY OF GOWER Ctia$ The foregoing instrument was sworn to (or affirmed) and subscribed b fore me�{o�'n tJ l z�� (date) by j(I f ltr(DetV1 (name of person providing oath or affirmatl• ), as Pet i 1k4'._ who is personally known to me tuwho has produced 4411 It pe of identification)as Identification. 4r - /r ataW/∎ /— STAMP/SEAL Signature oiS6tars•Public mos-CM-001151155 • 2/12/2014 Page 5 of 5 9Lcountunty fbCOLLIER 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 a: 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre- application meeting, please allow 3 days for processing. Not all items will apply to every project Items in bold type are required FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) BL(Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR (Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC (Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR (Transfer of Development Rights) • PPL(Plans& Plat Review) O VA(Variance) ❑ PSP (Prel minary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal& Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER Sign Variance LEGAL DESCRIPTION of subject property or properties(copy of lengthy description maybe attached) See attached Boundary Survey FOLIO(Property ID)NUMBER(s) of above(attach to, or associate with, legal description if more than one) 00399600302 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) N/A • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplat:ed properties) PROPOSED PROJECT NAME (if applicable) RaceTrac at Davis PROPOSED STREET NAMES (if applicable) N/A • SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL# 20140001732 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE 1111 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) N/A Please Check One: ❑ Checklist is to be Faxed back ❑ Personally Picked Up APPLICANT NAME: Kristina Johnson PHONE 239-418-0691 FAX 239-418-0692 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) 00399600302 Folio Number Folio Number Folio Number Approved by: Date: 8-6-2015 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED S �. - � t it fl 4:::- .,,' ,•r • ;Ns, P ' a f t -4� • + y , a• S °+ r 1=•.'1•4. -.aVat 3 u io. , 0a i, a .'"1: !1 •, 'r.' it `; _. .. r 1 ft)! ,,111 I.: , ' ' Ir(01-1.' .. i I' ',P.- ir 4. ,.„,,,..,.. „ ,.. .,, .. •... ,,, ,11...... . . , ... .., . . . ,..._ ,, i,„ ,... • emir., aG •z rF f ;--+ .1...••••.' 1e� , f iy- c .y r r �• S"r , y. -aP 3 - '� r"S" a S ------� '$''- --I � it-i- . ;"t"' r-:::, - . ° biiiii) ' r '` ti i . 4) ... .a ' • i -. . , .. , 0,...-..1'. .:* ... r ! • '" ."E ..- �. u�. .. .w.'... as ' 1. 7 k71 ■ . .y -li Y/{ ... ..,I. m ct , ...: .,,„,-.6 „fA . j I ' if j' +1' 7/'a is Ar.-'`.1 t itil t A sta3!# ,ii‘t tit 1 j .. :r rar C f.- .j _: t. • — N 111. i J .0,iJ _ - _ ! t k ,i_, , � t � ig _ ,_ ��• r IT ,fit ` 0,-_,,•-‘• # +h"�", ar, , ,,t' �+ et III T.— irl a I1 .1 it 1 1 I/l' 0I ii�it91 / :3g1.i b It i !9 !i!i R I if ; 19 ssl'tssr ii S 1 Wliiilliiiiii l! v F � i t'i-ltl"11 1....1 .3 .1..0 0ia 9; its i 1 Ira �'~A 1! i 1 IiIivlEd$ Igiliii;;Ii�:3 31.•elt ' lit �1 \ �I I , .8 841 ii I si li it 1 i 1 ii lig i! ; fill i,l ' '' • 1 1 I Iii 19i ii �i)t i� 1!'i!1 iis S e w t iJ i1 . � Mi ! 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Planning-Engineering-Project Management RACETRAC AT DAVIS BOULEVARD: VARIANCE JUSTIFICATIONS SUBMITTAL DATE: OCTOBER 22, 2015 1. Deviation: Section 5.05.05.C.4.b. (Canopy Sign Area) The applicant is requesting a deviation from the Collier County LDC Section 5.05.05.C.4.b. which requires that a "corporate logo with a maximum area of twelve (12) square feet shall be allowed" to allow a fifty (50) square foot corporate logo on the canopy facade facing Davis Boulevard and a thirty (30) square foot corporate logo on the facades facing Radio Road and facing the vacant commercial parcel. Justification: RaceTrac Petroleum, Inc. does not have a corporate logo similar to some other corporate gas station companies. The corporate logo for RaceTrac is their name and by limiting their Iogo to the allowed twelve (12) square feet results in an 8.4' wide sign with 1.4' high letters. With their letter size reduced the sign would be difficult to read on the canopy and possibly unrecognizable. • In addition, RaceTrac wishes to have a recognizable appearance in Collier County. The color banding is no longer being requested therefore it is important that their logo on the fuel canopy is recognizable. This recognition is important for motorists traveling on Davis Boulevard who wish to enter the RaceTrac. The signage needs to be recognizable from a distance so drivers can safely maneuver as needed to enter the Project. Davis Boulevard in front of the project is a 6-lane divided arterial with a 45 MPH posted speed. As per coordination with the Florida Department of Transportation the posted speed limit has been analyzed and will increase to 50 MPH in the near future. At this speed, vehicles travel over 80 feet per second. Allowing the drivers to recognize the destination in time to safely maneuver to the needed turning movements is a critical element of the canopy signage. The Canopy Sign Legibility Exhibit enclosed with the variance package illustrates the typical viewer reaction distance and sign legibility distance for motorists. There are no negative impacts anticipated with the proposed canopy sign areas. 2. Deviation: Section 5.05.05.C.4.b (Canopy Sign Location) The applicant is requesting a deviation from the Collier County LDC Section 5.05.05.C.4.b which requires that a corporate logo is "allowed on a canopy face which is adjacent to a dedicated street or highway" to allow a canopy sign on the southwest side of the fuel canopy not adjacent to a right-of-way. Justification: • RaceTrac Petroleum, Inc. has frontage on both Davis Boulevard, to the south, and on Radio Road, to the north and east. Canopy signage is requested along each of these rights-of-way and a canopy sign is also requested on the southwest side of the fuel canopy. Although the southwest side of the fuel canopy is not adjacent to a right-of- 1605 Hendry Street• Fort Myers,FL 33901 •239-418-0691 •239-418-0692 fax way, it will be visible to potential patrons traveling eastbound on Davis Boulevard. The access into the RaceTrac site for eastbound patrons on Davis Boulevard is a proposed • directional left turn lane located well in advance of the site. The requested canopy sign will notify potential patrons sooner giving them more time to make necessary lane changes to safely enter the site. The front canopy signage is relatively close and parallel to the roadway. In this alignment the motorist's view, detecting, and reading a sign is generally restricted to quick sideways glances as the sign is approached and the angle of view becomes more constricted. The proposed signs on the ends of the canopy are to allow the preferred perpendicular signage orientation which can be recognized much easier by drivers. The requested southwest canopy sign faces an undeveloped commercial parcel. There is a proposed frontage road along the Davis Boulevard right-of-way on the vacant commercial parcel contained in an access easement. This frontage road ensures visibility of the southwest canopy sign regardless of how the adjacent parcel develops. No negative impacts are anticipated as a result of this request. 3. Deviation: Section 5.06.04.F.4. (Number of Wall Signs) The applicant is requesting a deviation from the Collier County LDC Section 5.06.04.F.4. which requires "single occupancy parcels where there is double frontage on a public right-of-way, shall be allowed 2 signs, but such signs shall not be placed on one wall" to allow a total of four (4) wall signs, one (1) wall sign on the northeast • frontage (facing Radio Road) and three (3) wall signs on the southeast frontage (facing Davis Boulevard). Justification: RaceTrac Petroleum, Inc. has frontage on both Radio Road and on Davis Boulevard. The building area is 5,928 SF therefore the allowable sign area shall not exceed 150 SF on each facade and shall not exceed 20-percent of the facade area. The building's southwest facade area facing Davis Boulevard is 2,280 SF +/-, based on the building square footage, the allowable sign area is 150 SF. RaceTrac is requesting (1) 41 SF identification sign above the entrance on the building's tower element facing each frontage, one (1) 28 SF Swirl World sign, and one (1) 66 SF window cling. The 28 SF Swirl World sign and 66 SF window cling are intended to be seen by the patrons at the pumps and is not intended to be seen by those traveling by. The total requested sign area for the three (3) wall signs on the southeast facade facing Davis Boulevard is 135 SF which is below the allowable 150 SF and is only 6-percent of the total facade area. Furthermore the allowable sign area on the northeast facade facing Radio Road is 150 SF based on the building square footage. The northeast facade facing Radio Road is 1,176 SF +/-, and RaceTrac is proposing one (1) 41 SF identification sign which is only 3.5-percent of the total facade area. Therefore the applicant is meeting the code required 150 SF with their signage on each facade. No negative impacts are anticipated by allowing the additional signs facing Davis Boulevard. • 2 4. Deviation: Section 5.06.04.F.4.e. (Window Coverage) • The applicant is requesting a deviation from the Collier County LDC Section 5.06.04.F.4.e. which requires "any non-illuminated, non-reflective signs located in a window shall not exceed 25 percent of each window area" to allow a window sign (window cling) to have 46-percent coverage. Justification: RaceTrac is requesting one (1) 66 SF window cling on a 143 SF window along their southeast façade facing Davis Boulevard. This results in a coverage of 46-percent of that window. However the total window area on the southeast facade is 618 SF which results in a coverage of 11-percent. Although the requested window cling covers 46- percent of its respective window, there are no other window signs proposed for this building. Also the window cling is transparent allowing full view to the outside from the inside of the store and it allows light to enter the building. Therefore no negative impacts are anticipated by allowing this coverage. 5. Deviation: Section 5.05.05.C.4.c. (Number of Ground Signs) The applicant is requesting a deviation from the Collier County LDC Section 5.05.05.C.4.c which requires that `one ground sign shall be permitted for each site" to allow two (2) ground signs for the site. Justification: RaceTrac is proposing one (1) 60 SF gas price sign along the Davis Boulevard frontage, and is requesting one (1) additional 60 SF gas price sign along the Radio Road • frontage. The RaceTrac gas station is located at the northwest corner of Radio Road and Davis Boulevard with frontage on both of these rights-of-way. Radio Road is an east-west arterial corridor west of the RaceTrac property and it turns into a northwest- southeast roadway just north of the intersection of Davis Boulevard. Davis Boulevard is primarily an east-west arterial corridor that also has an alignment change adjacent to the RaceTrac property. The unique alignment of the Davis Boulevard and Radio Road intersection is depicted in the enclosed Radio Road Visibility Exhibit. RaceTrac is proposing an access to Radio Road to capture eastbound patrons on Radio Road prior to them entering the Davis Boulevard and Radio Road intersection. The site layout, which is typical for gas stations, has the fuel canopy positioned along the Davis Boulevard frontage with the convenience store behind it. The Radio Road access is located at the northwest corner of the property behind the building, behind the fuel canopy, and adjacent to the onsite preserve area. A fuel canopy is a standard identifying feature of gas stations and in this location the fuel canopy is not visible for motorists traveling eastbound on Radio Road until they are nearly past the Radio Road access. RaceTrac is proposing signage on the building facade that will face Radio Road resulting in a parallel sign. In this alignment the motorist's view, detecting, and reading a sign is generally restricted to quick sideways glances as the sign is approached and the angle of view becomes more constricted. Therefore the proposed building sign will not be visible until motorists are well past the Radio Road access. Lastly the sign proposed along the Davis Boulevard frontage is offset from the hard corner and placed further west on the property. The Land Development Code Section 5.05.08.C.1.b requires that properties located at the intersection of two (2) or more 3 arterial roads include a design feature to emphasize their location as a gateway and transition point within the community. RaceTrac is proposing a corner feature at the • hard corner of Radio Road and Davis Boulevard to meet this requirement. Therefore the Davis Boulevard price sign is not visible from Radio Road. The Radio Road Visibility Exhibit, enclosed with this request, illustrates the unique alignments of the Radio and Davis rights-of-way, the orientation of the RaceTrac gas station on the property, the location of the onsite preserve area, the location of the fuel canopy, the location of the proposed signage and corner feature on the site, as well as the location of the Radio Road access. As seen in the Exhibit, the unique alignment of the adjacent rights-of-way limit visibility of the RaceTrac gas station to eastbound motorists on Radio Road. The requested sign on Radio Road will provide the necessary identification of the RaceTrac gas station in order for those motorists to safely enter the site through the Radio Road access. Therefore no negative impacts are anticipated by allowing the additional sign. s 4 :%014 :.\41KA:r4 • DELIS! FITZGERALD, INC. Nanning-Engineering-Project Management RACETRAC AT DAVIS: HEARING EXAMINER CRITERIA The Sign Variance request package has been prepared to meet the six (6) criteria as set forth in the Land Development Code Section 3.06.08.B. The sign variance is requesting signage on the fuel canopy that does not face a right-of-way, an increase in the allowable square-footage of the fuel canopy signs, a total of three (3) signs on one (1) facade, a window sign with a total window coverage of 46%, and an additional ground sign along the secondary frontage. The Variance Justification submitted with this application further describes each request. Please find the six (6) sign variance criteria below with an explanation of how this proposed sign variance addresses each: Criteria 1: That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district. Explanation 1: The RaceTrac property is located on the northwest corner of the intersection of Davis Boulevard and Radio Road Davis Boulevard is a 160'right-of-way and Radio Road is a 165' right-of-way. RaceTrac proposes connections to both Davis Boulevard to the south and Radio Road to the northeast. The Radio Road alignment has a sharp turn just west of the subject project. This turn takes the Radio Road alignment from being an east-west road to a north-south road. The proposed Radio Road access to the subject project is located just south of this alignment change. This road realignment in relation to the subject project's location results in limited visibility of the subject project to southbound drivers along Radio Road. Allowing the drivers to recognize the destination in time to safely maneuver to the proposed right turn lane and entrance is critical to the site design. The driver's along Davis Boulevard will have to opportunity to enter the site in two (2) locations along Davis Boulevard. Westbound travelers may utilize the access directly to the south of the proposed project and eastbound travelers may utilize the access that enters directly into the Collier Area Transit property which connects to the subject project via a frontage road. The sooner these travelers can identify the RaceTrac gas station the sooner they can make the necessary land changes to enter the site safely. Criteria 2: That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. Explanation 2: RaceTrac does not have a corporate logo, their name is their corporate Ai logo. Code limits the size of a corporate logo on the fuel canopy and for RaceTrac this MI results in a sign with illegible lettering. Also there are proposed signs on the convenience store building that do not exceed the allowable wall sign area but do result in three (3) wall signs on one (1) facade when code limits the signage to one (1) wall 1605 Hendry Street 4 Fort Myers,FL 33901 -239-418-0691 •239-418-0692 fax sign for one (1) facade. The proposed additional wall signs are a permanently affixed window cling and a permanently affixed wall sign. These additional signs are intended • to be seen by the patrons at the pumps and have been sized appropriately. Code does allow additional wall signs but specifies that additional wall signs should be located interior to courtyards and not visible to public properties. The proposed convenience store building use is not conducive to courtyards however the additional wall signs are not intended for passers-by. Gas station code does not allow more than one (1) ground sign and the Sign code of non-residential uses does allow multiple ground signs as long as there are 1,000 feet separating the signs. The additional ground sign requested along Radio Road is is not 1,000 feet separated the ground sign along Davis Boulevard however the requested square footage of these signs is 60 SF which is below the allowable ground sign area for non-residential uses of 80 SF. Criteria 3: That the special conditions and circumstances which are peculiar to the land, structure or building do not result from the actions of the applicant. Explanation 3: The unique alignment of Radio Road, eastbound access along Davis Boulevard, existing right-of-way widths, code restrictions on logos, and wording of the wall sign code are not results of the applicant. Criteria 4: That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures or buildings in the same zoning district. Explanation 4: The fuel canopy signage is necessary in order to notify potential customers of the RaceTrac's location in order for them to make the necessary turning movements to enter the site safely. Also the proposed wall signs on the convenience store do not exceed the allowable square footage or the overall window area on the facade. Lastly the additional ground sign requested along Radio Road is due to the unique alignment of Radio Road and the access to RaceTrac from this road. Therefore the requested variances are not considered special privileges. Criteria 5: That the variance granted is the minimum relief that will make possible the reasonable use of the land, building or structure. Explanation 5: The requested variances are the minimum needed in order to clearly identify the site as a RaceTrac convenience store with gas services and to notify the patrons at the pumps of food offerings in the convenience store. Criteria 6: That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan, and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. Explanation 6: The sign variance requests are consistent with the Collier County sign code and no negative impacts are anticipated as a result of the requests. 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I.0 _ ,4 T 5 • SUBMITTED SEPTEMBER 28,2015 • COLLIER COUNTY Growth Management Division Engineering Review Services July 13,2015 Mr.Fred Hood Davidson Engineering 4365 Radio Road,Ste.201 Naples,FL.34104 RE:PL20150001477 - Davis-Radio Lot Split Dear Applicant: Your proposal to divide the subject property into two(2)lots or parcels in accordance with the provisions of Section 10.02.02.8.12 of the Collier County Land Development Code (LDC), and as shown on the attached stamped, approved drawing(s), has been reviewed by staff and found to be in compliance with the relevant provisions of the LDC.The proposed division is hereby approved. STIPULATION: • 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.THIS PERMIT IS CONDITIONED ON ALL • OTHER APPLICABLE STATE OR FEDERAL PERMITS BEING OBTAINED BEFORE COMMENCEMENT OF THE DEVELOPMENT. Attached is a copy of the Property Appraisers Lot Split or combined farm. This form must be completed and submitted to the Property Appraiser in order to complete the Lot Split process. JOHN HOWASWORTH John R.Houldsworth Senior Site Plans Reviewer Engineering Services Growth Management Division Collier County Government J ohn Houldsworth@colliergov.net Attachment(s) Cc:Transportation Department,Development Review Section Annis Moxam,GIS Technician,Addressing Department Property Appraiser. • Zoning Division•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400 . • 4.,r,...,1.14, .O.N..wm+....15-0-,..-....07v011...w•....1.4-■-,.r. I I I — �'---- ZONING: WOODSIDE LINES PUD LAND USE COMMERCIAL/RECREATIONAL I ZONING: MAC RPUD UND USE:UNDEVELOPED IVACANf ZONING: C.2 _—._—.--.--.--.--.--.—�._- LAND USET UNDEVELOPED/VACANT i RADIO LANE 1 • S. q0 e&• tc S' 1 mop �\ i • • i I 0 7 n , \ • • ♦, mw$ • / v� Om9 // Y Z / 1E i • t ..,, : N i \.; / / R DAVIS I RADIO C-4 REZONE DAVIS AND RA010,LLC P.m rt: S W.WA BOB MOR.PME Pia i v - Nan PAWBrgDD COUIR OlP®F: a M.M1.0.BM Ai OW 1Ti: BCMIA SPMNOB,RI.3. A<rH,'r.0. 1 NE•,P.•NUN. PROPOSED LOT SPLIT ONCIOno i ■ I s ii 3330 —I NORM UNE SECf10H 3 RADIO LANE rr5 111 rI o �r=p r o 5,a � �: 111 � 1 � g ��:. i 1t :� tit b o 1:17. It 1 „. F. 1 m ..N !11 I 1 .goo n 1;1 ' �� 8q• CHIP o. W °•y. A 5 fDD 1 ♦ IIU Y Z ! ` .. q)ig :n Z d op N n 1 OO mO W r �` !see 11 i 'N g+ \::e ii. p. � \ S ti. 1 s: . r A O im P .t_,, , y+ 1 F ,'per.!':' ! o➢C RI... lei 0. c .° �' is s I i •• i ,ti ih, si. l LII, A/Ic11 ll ifli(ti(iLIWWi'fl1WWI1 °00 !a iLjti?bt;;$;all I,� S iti5 1 p = i j Ks x i 1 I //, � � I //�� i BFI `i•il F q �ii ;11.11 °g L NI sgh Ip I i /- s it i . Jf"e1 ii 8 .i i"•ti1 fl i 1` v 1 i i •■ o■o. 1 11 1 i 1: 01 i c !I iI \\ 6A9 cz e.€Rt •� IsPIR;E€'II F6 `Fey Q ! i g ! i� ° a !I Ii iiin,€,it :!! g'! F 31 1,711 1I 11 Ii L 1 ■1 I ! ' iel"1:121W62 e $'li➢Qi pig; ;o, , p: q P1 i °11/I�TIllii54�111:1111g"s l`1/11 x,11g! 9 - 1.14x11€1113118 II IIaliI ili# ,IE11� xA 11 1I 'le i1 lat ii 4 ,� / 1! 1 y 11 g al 11i' !_v 3, rr' ig 1 fa� i i lC F ! 1:i I E 1�5 65-11 !mi SUBMITTED:SEPTEMBER 28,20105 REAL ESTATE PURCHASE CONTRACT THIS REAL ESTATE PURCHASE CONTRACT (this"Contract') is by and between DEL LAGO VENTURES, INC.,a Georgia company ("Purchaser") and DAVIS & RADIO, LLC, a Florida limited liability consideration for the mutual covenants herein contained, for Ten Dollars ($10.00) and and Seller consideration, the receipt and sufficiency of which is hereby acknowledged, Purchaser and Seller hereby agree as follows: 1. CONTRACT PROPERTY, Purchaser agrees to buy and Seller agrees to sell,for the consideration and upon the terms set forth herein,the real property located in the State of Florida,County of Collier,and further described in Exhibit Aattached hereto,together with all improvements and fixtures now located thereon and all appurtenances,rights, privileges,and easements benefiting or pertaining thereto(collectively,the°Contract Property'), Notwithstanding anything to the contrary in this Paragraph1,nor in the attached Exhibit"A",in no event shall the Contract Property contain more than 3.58 acres ("Limitation on Lot Size"). Purchaser shall proportionately redraw the northwest and southwest boundaries of the Contract Property during the Feasibility Period in the event that the Contract Property defined herein exceeds the Limitation on Lot Size. Further,in no event or under no circumstances otherwise stated herein,shall the west and southwest borders of the Contract Property be redrawn to further reduce the size of Seller's Remaining Property. 2. PURCHASE PRICE.The purchase price for the Contract Property shall be alidilammeinmew (defined below). (the"Purchase Price'),payable by cash or certified funds at Closing 3. EARNEST MONEY, Purchaser shall deliver to the Title Compan 111.111wordloodipmjusis(11111111.00 as y p e (deiihed below) IMINININ after the Contract Date(defined below) rior toa he expntion(of the Feasibility Period,Purchaser shall ndeliver to the Title Company an additional Money"),which shall be added and considered part of the Earnest Money. At the time the sale Is codnstummatedr,nthe Earnest Money shall either be:(i)applied as part payment of the Purchase Price,or(ii)refunded to Purchaser,in which case Purchaser shall pay the entire Purchase Price(less any adjustments as provided herein)at Closing.Purchaser shall have the exclusive right to choose option(I)or(11),in Purchaser's sole discretion.Any interest earned on the investment of the Earnest Money by the Title Company shall be paid to Purchaser.If the sale is not consummated due to Purchaser's default,Seller shall receive the Earnest Money as full liquidated damages and Purchaser shall be relieved from all further liability and obligations hereunder.If the sale is not consummated for any other reason,then the Earnest Money shall be immediately returned to Purchaser upon written request less one dollar($1.00),which shall be paid to Seller as present, good and valuable consideration for the rights granted Purchaser pursuant to Paragraph 5. 4. CLOSING,The closing of the sale of the Contract Property shall be held at a time and place mutually acceptable to Purchaser and Seller within thirty(30)days following the expiration of the Feasibility Period as set forth in Paragraph 5 below(the"Closing").At Closing,Seller shall convey fee simple title by General Warranty Deed("Deed')in a form acceptable to Purchaser,and the Contract Property shall be unoccupied and free of any right of possession by any party other than Purchaser and shall be free and clear of all liens,encumbrances,easements and restrictions of every nature and description other than the Permitted Exceptions(as hereinafter defined). 5. FEASIBILITY PERIOD, Purchaser shall have a period of one hundred twenty(120)days after the Contract Date(such period the"Feasibility Period")to complete an investigation of the Contract Property(and any related easements)to determine the suitability thereof. Purchaser may,by giving notice to Seller,extend the Feasibility Period for an additional ninety(90)days, Purchaser is hereby authorized to enter upon the Contract Propertyand Seller's adjacent property after the acceptance of this Contract for the purpose of making such surveys,examinations and tests, including(but not limited to)environmental tests,investigation of wetlands,title,zoning and all other matters incidental to the condition,ownership or use of such property,each as Purchaser may determine to be necessary or desirable (collectively,the'Tests"). Seiler shall cooperate with Purchaser so as to allow Purchaser to fully and properly conduct the Tests. Purchaser shall have the absolute right to terminate this Contract for any reason whatsoever,including but not limited to condition of title,at any time prior to the end of the Feasibility Period by delivering written notice to Seller and the Title Company,in which event the Title Company shall immediately,and without further direction from Seller,return all Earnest Money to Purchaser, Upon the expiration of the Feasibility Period,the Earnest Money shall be non-refundable, but applicable to the Purchase Price,except in the event of Seller's default.ln the event Purchaser terminates this Contract for reasons other than Seller's default,Purchaser,upon receipt of the Earnest Money and Seller's written request,shall deliver to Seller copies of all non-confidential and nonproprietary written reports,commitments,notes and drawings,if any,received by Purchaser from third parties(the'Third Party Documents'). Seller hereby acknowledges that Purchaser has not made and does not make any warranty or representation regarding the truth or accuracy of the Third Party Documents or the source thereof and Purchaser specifically disclaims any principal/agency relationship between Purchaser and the author or source of any constituent report or document of the Third Party Documents. Purchaser has not undertaken any independent investigation as to the truth or accuracy of the Third Party Documents and will be providing the Third Party Documents(if applicable)solely as an accommodation to Seller. 6. TITLE AND SURVEY. A. Purchaser Contract Property and any related easements,in atf form acceptable to Purchaser,complete shall contain f a legal description of of the Contract Property, which description shall be used in the conveyance document(s). in the event the legal description set forth on the survey differs from the legal description contained in Seller's vesting deed,Seller may use its vesting deed legal description in the Deed provided that Seller additionally delivers a quitclaim deed (or deed without warranty of title)to Purchaser at Closing containing a legal description based on Purchaser's survey. B. Purchaser may obtain a title insurance commitment,In a form acceptable to Purchaser,issued by a title insurance company acceptable to Purchaser(the"Title Company").Purchaser shall p costs of titl\insurance (Including,without limitation,the costs of any municipal lien searches). Fla. \,( l Ib Seller:_��V p , 1 • • C. Purchaser may examine the title to and survey of the Contract Property and any related easements and may notify Seller prior to the earlier of(i)the date that Is ninety-(SO)'dayg--d(Tafrtl' t3n(rad@patefor(ii)the expiratioi oTitl#6.Feailbilitypertock of any title or survey matter which,in Purchaser's sole opinion,is objectionable or has an adverse effect on the Contract Property or Purchaser's proposed use or development thereof(hereinafter referred to as an "Objection"). Additionally, at any time prior to Closing, Purchaser shall have the right to notify Seller of any Objection which first arises,first appears of record,or first becomes known to Purchaser after the effective date of the initial survey or title commitment,In which event any such Objections will be handled In the same manner as an Objection set forth In this Paragraph 6. D. In the event Seller is notified of an Objection,Seiler agrees that it shall, in good faith, promptly cure any such Objection prior to Closing. In the event Seller fails or refuses to cure any Objection prior to Closing, Purchaser may at Purchaser's option:(I)t@gminate aria.ontractitinlWtti6fi�etl�fit'Yrrett f?liThh r•Objection t°efr#nded to^l?eirchaSet, (ii)accept title or survey to the Contract Property and any related easements subject to such Objection(which shall be deemed a Permitted iException(iii)take such steps as§f may deem proper t FArn y 'tticti iebtion('s)r'Dei lh °{f eAreft fti Teti `$`''f7f IOT )from the Purchase Price,(iv)extend the time for Closing (not to exceed sixty(6(1)days)to allow Seller or Purchaser additional time to cure such Objection(s), or(v)elect any combination of(I)-(iv). In addition, the Title Company is hereby authorized to pay and discharge at Closing,from the proceeds of the Purchase Price,any lien or mortgage not created by Purchaser affecting the Contract Property;provided, however,such amount shall not exceed the Purchase Price. E. As used herein,'Permitted Exceptions'shall mean those title or survey matters to which Purchaser does not timely object or which Purchaser is deemed to waive pursuant to clause(ii)in Paragraph D above. 7. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller representsand warrants to Purchaser that: A. Seller has good and marketabletitle to the Contract Property in fee simple,and at Closing shall convey the Contract Property free and clear of all liens, encumbrances and other exceptions to title (other than the Permitted Exceptions). B. The Contract Property contains no hazardous substances,pollutants,petroleum products,motor fuels,gasoline,alcohol,tires,diesel fuels,motor oils,lubricants or other contaminants. C. There are no condemnation or eminent domain proceedings pending or, to Seller's actual knowledge, threatened or contemplated against the Contract Property or any part thereof, and Seller has received no notice,oral or written,of the desire of any public authority or other entity to take or use the Contract Property or any part of the Contract Property. D. All assessments that are liens against the Contract Property are shown in the official records of the taxing authorities in whose jurisdiction the Contract Property Is located; no improvements(site or area)have been constructed or installed by any public authority,the cost of which may be assessed in whole or in part against any part of the Contract Property in the future;and Seller has not been notified of any possible future improvements that might create an assessment against any part of the Contract Property. E. Seller has no knowledge of, nor has Seller received any notice of, any actual or threatened action, litigation, or proceeding against the Contract Property or Seller. Seller has received no notice of and has no knowledge of any violations of law(including,without limitation,laws governing hazardous materials),municipal or county ordinances,or other legal requirements with respect to the Contract Property or with respect to the use, occupancy or construction thereon. F. Seller has the full and lawful right, power and authority to execute, deliver and perform this Contract without obtaining any consents or approvals from,or taking any other actions with respect to,any third parties. This Contract, when executed and delivered by Seller and Purchaser,shall become a binding agreement of Seller, in accordance with its terms. G. Except for easements contemplated in this Contract,no easements or other rights are necessary over any other property in order for the Contract Property to have direct access to and utilize all appropriate utilities and to discharge storm water drainage from the Contract Property. Purchaser's obligation to proceed to Closing and purchase the Contract Property is expressly conditioned upon all of the representations and warranties of Seller in this Paragraph 7 being true and correct,both as of the Contract Date and as of Closing. In addition to all other rights and remedies of Purchaser set forth herein,Seller shall indemnify,defend, and hold harmless Purchaser,its employees,officers,shareholders,attorneys,directors,agents,contractors,assigns and successors-in-interest, from and against any and all claims, actions, loss, cost, damage and expense (including reasonable attorneys'fees, including fees on appeal)resulting from a breach by Seller of any of the representations, warranties and covenants contained in this Contract. At Closing, Seller's execution and delivery of the Deed shall constitute the reaffirmation to Purchaser of the truth and correctness, as of Closing,of each of the representations and warranties contained herein. 8. COVENANTS OF SELLER.Seller covenants and agrees as follows: A, Seller shall execute and deliver with the Deed such other instruments as may be reasonably required by the Title Company to issue the Title Company's policy of title insurance (including, without limitation, a standard form owner's affidavit and proof of authority if Seller is an entity)or to fulfill Seller's covenants set forth herein. B. Seller will execute (or will cause Seller's affiliates to execute), at or prior to Closing, any easements whichare reasonably necessary to enable Purchaser to develop the Contract Property. C. If the local authorities require a recorded plat with relation to Purchaser's purchase or development of the Contract Property, or for the separation of the Contract Property from Seller's remaining property, Purchaser,as Seller's agent,is authorized to have said property platted,and Seller agrees to cooperate in the platting p biiif r 61`IkSB'IVali;brfke➢ffebdedefttikterfl(gd).,dayayaftef`t ittit5ftdf �fli$itffig',such process. In such event,t}�t extension,If necessary,shall notexceecenkitlijt'(90)'lltyal D. From and after the Contract Date Seller shall not place, cause or allow any new lien or encumbrance to attach to the Contract Property. E. Intentionally Omitted. F. Sellef Wilkexecute(or will cause Seller's affiliates to execute),at or prior to Closing,a;,restrictiorrjre reda1 ablafiofrn±whooh WiIlrffYft #t` i °iA',`grbflIbjtif;rygitirtlie if rigest^period iloWefi$IMg°Ia (( t ererection•of an ign., or structure o*.any land;vwned,or cbtitralieq Y bw 01 1 18 lhif4V7Seller or-Seli4r's�affi a s(oc a u• a "Vi§(blttty~f(as hereinafter defined),and(2)lit'titaDtltttliafftk motor fuels:or a-corry lend` tdt'e'iSr�tlit!=a•,�ertising Initials: - Fla. Selle Purchase 2 � l thereof on all or any portion of land owned or controlled,now or at Closing,by Seller or Seller's afflliatescWithin;one.(•1)' ihile?ailftY,b0UndarSof the tontraCt Prepertit Should Seller or any of Seller's affiliates sell or lease,prior to Closing,all or any part of such restricted property,such sale or lease shall be subject to Purchaser's rights under this Contract and Seller shall ensure that any lease or instrument of conveyance of such property shall specifically so state. At least thirty S0 e'f: eitfilll drlo Clositlg;Se(Ibeti tilF'provtde putohaaer With a legal,discriti left of,alf brOperty bikfle by'Sell r any of BBtWithinvnert;)'mitebtaity boundaGy0f4he7Cdilthact-Property: If Seller or Seller's affiliates do not own any property within one(1)mile of the Contract Property,then Seller will certify such fact at Closing in the aforementioned recordable document. As used herein,`Visibility Area"shall mean and refer to any property located within both(a):bife< Fiurtdredji'iftYl1SO)feet of any boundary df the Contf'adf'l tO tettyifand(b)eighty(80)feet of'ttrb;right of Way of i3lfyreed §ney'a oretteti' G. Seller shall delver to Purchaser,within ten(10)business days of the Contract Date,copies of all due diligence materials in Seller's possession concerning the Contract Property,Including,without limitation,surveys,title reports,policies and exceptions,and environmental reports. 1i11he eveht,Seller+ddeenotrtiMbly deliver such materials,the= f a tsit lllty.Period shalt be:eXtended one 1 for each drafter rafte►such ten (10)business day period until all such materials are delivered. 9. TAXES. All ad valorem taxes on the Contract Property for the calendar year in which the Closing occurs shall be prorated°between'SelleranetPurohase as of the Closing date.Seller shall also pay all delinquent taxes,including penalties and interest,assessed against or with respect to the Contract Property to the date of Closing. Seller shall pay all transfer and conveyance taxes,documentary stamp taxes and other taxes and charges for recording the Deed. Seller shall be responsible for any"rollback"or other taxes assessed against the Contract Property related to any period prior to Closing and arising out of any change in the use of the Contract Property by Purchaser, regardless of when such assessment is made or whether such taxes become due prior to or after Closing. An estimated amount of such taxes shall be deducted from the amount due Seller at Closing and placed in escrow to be disbursed by Purchaser when the amount of such taxes becomes known. At such time,any excess funds held in escrow shall be returned to Seller and any shortage of funds shall be paid by Seller to Purchaser. 10. NOTICES. All notices or requests required or authorized hereunder shall be in writing and shall be deemed delivered(i)when deposited with a national overnight delivery service(e.g.UPS or FedEx)for next business-day delivery,or(Ii)three(3)business days after being deposited with U.S.mail,return receipt requested,or(ill)when sent via facsimile (upon proof of confirmed transmission provided such notice is also delivered by method (i) or (ii) above). Notices shall be sent to the respective parties hereto as follows: To Purchaser: Del Lago Ventures,Inc. 3225 Cumberland Boulevard,Suite 100 Atlanta,Georgia 30339 Attention:Corporate Counsel,Real Estate Fax No.770-618-1971 With a copy to: Del Lago Ventures,Inc. 3225 Cumberland Boulevard,Suite 100 Atlanta,Georgia 30339 Attention:Vice Presidentof Real Estate&Engineering Fax No.770-431-7832 To Seller: Radio&Davis,LLC 26073 Fawnwood Court Bonita Springs,FL 34134 With a copy to: Commercial Realty Group of Bonita 24860 South Tamiami Trail,Suite 3 Bonita Springs,FL 34134 Attention: Bill Wolf Email: wolf(dlcrgbonita.com or to such other address as ether party shall from time to time designate to the other party by written notice. Additionally, notices to Seller may be delivered by email and shall be deemed delivered when sent to the email address for Seller set forth above provided such notice is also delivered by one of the methods described in clause(i)or(Ii)above. 11. MISCELLANEOUS. A. The provisions of this Contract shall survive the Closing and delivery of the Deed. B. This Contract shall inure to the benefit of and bind the parties hereto, their respective heirs, executors,administrators,personal and/or legal representatives,successors and assigns. C. This Contract may be assigned by Purchaser,to any entity which Purchaser in whole or in part owns or controls,or which owns or controls Purchaser,or is owned or controlled by any of Purchaser's shareholders. D. Each party agrees to cooperate with the other,at no cost to the cooperating party,to effect a tax- deferred exchange of the Contract Property,if a party elects to utilize a tax-deferred exchange. E. This Contract constitutes the entire agreement and understanding of the parties and the parties expressly agree to be bound hereby. This Contract may be modified in writing only(including a letter agreement without notary or witness)signed by each of the parties hereto. F. If the date of Closing or any other date in this Contract falls on a Saturday,Sunday or holiday, then such date shall be on the first business day following such holiday or weekend date. G. Time is of the essence of this Contract. H. This Contract, including the attached Rider, if any, supersedes all prior discussions and agreements between the parties with respect to the sale and purchase of the Contract Property and all other matters in this Contract. I. tf either party files suit against the other party to enforce its rights under this Co ract, the prevailing party shall be entitled to its reasonable,actualcosts and attorney's fees. Initials: ^/ Fla. Selle 2 Purchase. 3 J. Seller and Purchaser acknowledge that it is impossible to measure the damages which would accrue to Purchaser by reason of Seller's default hereunder. Accordingly, Purchaser may enforce this Contract and Seller's obligations hereunder in an action seeking specific performance. K. This Contract may be executed in multiple counterparts,each of which shall be considered to be an original document. L. No delay or failure by a party,whether In whole or In part,in the exercise of any right hereunder shall operate as a waiver thereof. Contract and is thoroughly aware agrees that of the terms of this Contract and stthe'inte t of same,and and and/or burdens of proof concerning any interpretation of this Contract shall not be affected by any statutory or judicial principles casting such presumptions against and/or burdens of proof on a party responsible for the drafting and/or written form of an agreement or contract. N. Purchaser's obligation to close is conditioned upon the absence of any material change,that has not been approved in writing by Purchaser,in the use,title to,occupancy or physical condition of the Contract Property from and after the Contract Date,unless caused by Purchaser or those acting through or under Purchaser. 0. Seller and Purchaser agree that,If Closing does not occur by reason of Purchaser's default, it would be impractical and difficult to estimate the damages which Seller may suffer. Therefore, Seller and Purchaser hereby agree that the reasonable estimate of the total net detriment that Seller would suffer in the event that Purchaser defaults hereunder is and shall be,and Seller's sole remedy(whether at law or in equity)shall be,the right to receive from the Title Company and retain the full amount of the Earnest Money. The payment and performance of the above as liquidated damages is not intended as a forfeiture or penalty within the meaning of applicable law and is intended to settle all issues and questions about the amount of damages suffered by Seller in the applicable event. Notwithstanding the foregoing,upon the occurrence of an event of default other than the failure of Purchaser to close in a timely basis in accordance with this Contract,Seller will provide Purchaser with notice specifying the default and Purchaser shall have five(5)business days from its receipt of such notice to cure such default. P. Seller shall cooperate with Purchaser with respect to Purchaser's efforts to obtain all necessary permits and approvals from applicable authorities(collectively the"Authorities")in connection with Purchaser's intended development of the Contract Property. In connection therewith, Seller shall execute, with this Contract, a form authorization letter("Letter")and hereby authorizes Purchaser to present the Letter(or copies thereof)to the applicable Authorities. Without limiting the foregoing, Seller agrees to execute such additional letters, authorizations and/or applications required by the Authorities. Seller shall execute such additional items within five(5)business days after Purchaser's request. In the event Seller fails to timely execute such items the Feasibility Period shall toll,commencing on the expiration of the five(5)business day period,until such time as Purchaser receives such executed items. Q. The parties agree to execute promptly such other documents and perform such other acts as may be reasonably necessary to carry out the purpose and intent of this Contract. Such obligation shall survive Closing. R. If prior to Closing there shall occur damage to any portion of the Contract Property or the improvements thereon caused by fire or other casualty,or there shall be a threatened or actual taking or condemnation of all of any portion of the Contract Property, then Purchaser shall have the option to (i) terminate this Contract and, notwithstanding any contrary provision contained herein,receive all Earnest Money,or(ii)proceed to Closing(subject to the other terms and conditions of this Contract)in which event there shall be assigned(or,if previously received by Seller, credited)to Purchaser at Closing all right,title,and Interest of Seller in and to any condemnation awards or insurance proceeds which may be payable to Seiler on account of such occurrence, with Purchaser receiving a credit for any deductibles and the amount of any uninsured casualty. 12. ACCEPTANCE. This Contract shall be considered as an offer by the Purchaser to the Seller and is left open for acceptance by Seller until 5:00 p.m.EST on February 6th,2015.This Contract will be subject to and contingent upon the written approval of the management of Purchaser within thirty(30)days of the date that one original copy of this Contract,duly executed by Seller,has been received in Purchaser's office. The"Contract Date"shall be deemed to be the date upon which Purchaser provides Seller written notification of the approval of this Contract by Purchaser's management. If no such notice is provided during such thirty(30)day period,the"Contract Date"shall be deemed to be the last day of such thirty(30)day period. (signatures on following page) Initials: Fla. Se Purchaser. 4 Signed,sealed and e' er to PURCH SER: Purchaser,i t e e c • DELL GO VENTURES,INC.,a Georgia corporation Witness By: Printed Name: RD BERT J .5MIre Name: BILL iiIIAM _: Title: ➢R&Y/y6Nr Witness ,/ /^l [CORPORATE SEAL] Printed Name: 4'f IT41t,‹ Executed this 2ND day of FFORVAR)I ,2015. STATE OF GEORGIA / COUNTY OF COBB •� I,the undersigned,a Notary Public in and for said County in said State,hereby certify that jj1 2j jE,m as i'YeslOj�if') - of DEL LAGO VENTURES, INC., a Georgia corporation, whose name is signed to the foregoing instrument, and who is known to me,acknowledged before me on this day,that being informed of the contents of the foregoing instrument(s)he executed the same voluntarily on the day the same bears date. Given under my hand and seal this 2 day y-of �, Vr4 2015. `N.0".- 6�+��i'/i otary Public Oa':Q0N "o `�^ My Commission Expires: 1t• 4� 7 `' 7•Z j> °•°V cc [NOTARIAL SEAL] • MARC•H•....... roN COQ;°°°' '',unt0 - Signed,sealed and delivered as SELLER: to Seller,in the presenc-of: RADIO & D• S, LLC, - Florida limited liability company Witness �Ø 1� By, Printed Name_Mai , N. e: o. L..-r' 17,0 p_,4 N D L-7 N ay yr• iQP Titl IA.L.�g..1,4'5-,rrs ut e—/At 6 c3.E itrads —�— ": _ ( [CORPORATE SEAL] Printed Name: J(tvvrrC'' ��,(4 el/ /l Executed this ..g .'2 day of FS+t144,y!2015. STATE OF VitiiiA. COUNTY OF C4111 Ck I, the undersigned, a Notary Public In and for said County in said State, hereby certify that ,an whose name is signed to the foregoing instrument,and who is known to me,acknowledged before me on this day,that being informed of the contents of the foregoing instrument(s)he executed the same voluntarily on the day the same beam date. Given under my hand and seal this *ay of r ,2015. PI A . • r ' CAMERON PASTOR My c om, is '• Expires: �1 My COMMISSION#FFt 43941 o EXPIRES July 21,2018 OTARIAL SEAL] (. 36e4163 Fiarla.Na- SeNieem9l Initials: Fla. Seller._ _ Purchaser. - 5 EXHIBIT A Legal Description of Contract Property Seller; Davis&Radio,LLC Purchaser: Del Lago Ventures,Inc. Contract Property location: NWC of Davis Boulevard&Radio Road,Naples,Florida The Contract Property,as outlined below in red and made a part hereof,being located In Collier County,and is more particularly described as follows; BEGINNING at a point located at the intersection of the northern right-of-way boundary line of Davis Blvd and the western right-of-way boundary line of Radio Road,said point being the POINT OF BEGINNING; thence proceed in a southwesterly direction along the northern right-of-way boundary line of Davis Blvd a distance of t385feet to a point;thence turn right leaving said right-of-way boundary line and proceed in a northwesterly direction a distance of t200feet to a point;thence turn right and proceed in a northeasterly direction a distance of t485feet to a point located on the western right-of-way boundary line of Radio Road;thence turn right and proceed in a southeasterly direction along said right-of-way boundary line a distance of t555feet to a point,said point being the POINT OF BEGINNING,all as subject to a current and accurate survey. SELLER'S REMAINING ~fit PROPERTY t5,5'. RADIO RD t485` CONTRACT <� PROPERTY SELLER'S 1385' REMAINING -t20U' PROPERTY • Je P.O.B./P.O.C. ±445' "t/ t53o' P.O.B.2 1 f INGRESS/EGRESS EASEMENT AREA t13T I DAVIS BLVD N.T.S. I , ACCESS AREA MEDIAN CUT Notwithstanding anything to the contrary In this Exhibit"A",In no event shall the Contract Property contain more thgn 3.58 acres("Limitation on Lot Size"). Purchaser shaliproggrtlonately redraw the northwest and scuttiwast boundaries of the Contract Property during the Feasibility Period in the event that the Co ct Property defined herein exceed the Limitation on Lot Size. Initials: Fla. Seller"` Purchaser 6 l li RIDER NO.1 Seller: Davis&Radio,LLC Purchaser: Del Lago Ventures,Inc. Contract Property location: NWC of Davis Blvd&Radio Rd THIS RIDER NO.1 is attached to and made part of that certain Real Estate Purchase Contract between Seller and Purchaser(the°Contract"). In the event of any conflict between the terms of this Rider and the terms of the Contract,the terms of this Rider shall control. Capitalized terms not defined herein shall have the meanings set forth in the Contract. Brokerage Commissions: Seller will pay a total commission of . Said commisslonshalf be between Brokers on a 50150 basis and will only be paid in the event of a C using. Seller has been represented by pWiltiam Wolf with Commercial Realty Group of Bonita Springs("Seller's Broker')and Purchaser has been represented by Craig Timmins with Investment Properties Corporation of Naples("Purchaser's Broker")In connection with the transactions contemplated by this Contract(the"Transactions'). Any commissions or other fees payable to Seller's Broker or Purchaser's Broker(collectively"Broker")in connection with the Transactions are the sole responsibility of Seller. Seller shall pay Broker any such commissions and fees due and owing in respect of the Transactions at Closing from Seller's proceeds from the Transactions. Under no circumstances whatsoever shall Purchaser have any liability to Broker in respect of the Transactions.No commission is earned,due or owing if the transaction contemplated by this Contract fails to close for any reason whatsoever,specifically including,but not limited to,the default of either Seller or Purchaser. Seller agrees to indemnify,defend and hold harmless Purchaser from and against any claims,liabilities,obligations or damages for any commissions,broker's or finder's fees(including that of Broker)resulting from or arising out of this Contract or otherwise. Seller represents and warrants that no broker,other than Seller's Broker,has represented Seller in this transaction. Purchaser represents and warrants that no broker,other than Purchasers Broker,has represented Purchaser in this transaction.The provisions of this paragraph shall survive Closing. Curb Cut: It is understood and agreed that Purchaser's obligation to purchase the Contract Property is conditioned upon Purchaser's ability to obtain a curb cut on the northeastern property line of the Contract Property fronting the Radio Road right-of-way as well as any necessary median breaks within such right-of-way desired by Purchaser. Purchaser shall make the determination of whether the required Curb Cut will be approved during the Feasibility Period. Notwithstanding anything to the contrary above,should Purchaser elect to proceed beyond the Feasibility Period,Purchaser will be deemed to have waived its right to terminate this Contract for failure to obtain such Curb Cut. Third Party Ingress/Egress Easement: It is understood and agreed that Purchaser's obligation to purchase the Contract Property obtaining rights of ingress, egress and access (the"Access Easement") over a certain pecenoftreal ldproperty, now orformerly owned by Collier County,which Is outlined in blue on Exhibit A. Such Access Easement shall be evidenced and granted to Purchaser pursuant to a recordable written Instrument in a form and substance satisfactory to Purchaser. If Purchaser is unable to obtain such Access Easement,on terms and conditions acceptable to Purchaser,Purchaser may (a)elect to terminate this Contract,in which event, notwithstanding anything in the Contract to the contrary,Seller shall cause all Earnest Money to be promptly returned to Purchaser and Purchaser shall be relieved of all liabilities hereunder; or(b)waive this condition precedent.Purchaser shall use diligent effors to negotiate and obtain the Access Easement during the Feasibility Period. Notwithstanding anything to the contrary above,should Purchaser elect to proceed beyond the Feasibility Period, Purchaser will be deemed to have waived its right to terminate this Contract for failure to obtain suche Access Easement. Median Cut: Purchaser's obligation to purchase the Contract Property is contingent upon Purchaser obtaining approval from all necessary governmental agencies to construct a median cut on Davis Boulevardto align with the curb cut on the southernboundary of the Access Area as depicted in Exhibit A fronting the northern right-of-way line of Davis Boulevard. This median cut must allow ingress between the northeastbound lane of Davis Boulevardand the Contract Property, without necessitating a U-turn. Purchaser shall make the determination of whether the required Median Cut will be approved during the Feasibility Period. Notwithstanding anything to the contrary above, should Purchaser elect to proceed beyond the Feasibility Period, Purchaser will be deemed to have waived its right to terminate this Contract for failure to obtain such Median Cut. Ingress/Egress Easements to Purchaser: Seller shall grant Purchaser,prior to or at Closing,any and all of Seller's rights of Ingress,egress and access on or to any property or right-of-way adjacent,adjoining,or abutting the Contract Property. Further,Seller shall grant or cause to be granted to Purchaser, prior to or at Closing,a non-exclusive perpetual easement in favor of Purchaser,for ingr ss and egress over and upon certain property("Ingress/Egress Easement Area")adjacent to the '. ract Property,ou lined in green on Exhibit A attached hereto. The Ingress/Egress Easement Areaismore particular) ibed as follows: Initials: Fla. Sell Purchaser. 7 • BEGINNING at a point located at the intersection of the northern right-of-way boundary line of Davis Blvd and the western right-of-way boundary line of Radio Road, said point being the POINT OF COMMENCEMENT; thence proceed in a southwesterly direction along the northern right-of-way boundary line of Davis Blvd a distance of ±385 feet to a point; said point being the POINT OF BEGINNING 2;thence continue along said right-of-way boundary line a distance of±530 feet to a point; thence turn right leaving said right-of-way boundary line and proceed In a northerly direction a distance of ±137 feet to a point;thence turn right and proceed in a northeasterly direction a distance of±445 feet to a point;thence turn right and proceed in a southeasterly direction a distance of±80 feet to a point, said point being the POINT OF BEGINNING 2,all being subject to a current and accurate survey. Seller hereby represents and warrants that Grantor is the owner of and has full right, power and authority to grant and convey such easements and encumber the Ingress/Egress Easement Area. Seller hereby warrants that there are no leases,tenancies,liens,easements,restrictions,mortgages,deeds to secure debt,assessments or other encumbrances against the Ingress/Egress Easement Area. All terms and provisions of this Contract of which this Rider No.1 is made a part hereof with respect to the marketability of title,title objections and title insurance shall apply to the Ingress/Egress Easement Area as well as the Contract Property. Seller further agrees that: (i)such easements shall be appurtenances to the Contract Property,for the benefit of the Contract Property,(ii)such easements shall be covenants running with the land and shall be binding upon the Grantor, (iii) Purchaser shall have the right, but not the obligation, to install and use utility facilities within, and to pave and maintain,all or any portion of the Ingress/Egress Easement Area,(iv)in the event that Purchaser is unable to obtain any • and all permits,licenses,or approvals necessary to construct and install curb cuts(and corresponding median breaks,if applicable)which align with the Ingress/Egress Easement Area from the Contract Property and/or a curb cut which aligns the Ingress/Egress Easement Area onto a curb cut allowed onto Davis Blvd and Radio Road respectively then, at Purchaser's election,the Ingress/Egress Easement Area shall be modified to allow free and open ingress and egress of vehicular travel from the Contract Property and/or the Ingress/Egress Easement Area to the curb cut(s)which Purchaser is able to permit,construct and install,(v)such easements shall include a slope,grading and construction easement over those portions of Grantor's property located within twenty(20)feet of the Ingress/Egress Easement Area,and(vi) such easements and such rights and obligations shall be evidenced and granted to Purchaser pursuant to recordable written instruments in form and substance satisfactory to Purchaser. Purchaser in its own right and,as Grantor's agent,is hereby authorized to execute any applications or other documents required to obtain any and all permits,licenses,variances and approvals necessary or appropriate to construct and install curb cuts onto the Ingress/Egress Easement Areas from the Contract Property and also from the Ingress/Egress Easement Area onto Davis Blvd and Radio Road respectively. Seller shall not be entitled to use the Ingress/Egress Easement Area for parking purposes and shall not construct or install parking spaces immediately adjacent to the Ingress/Egress Easement Area unless such spaces are separated from the Ingress/Egress Easement Area by curbing or some other barrier, it being the intent hereof that the ingress/Egress Easement Area not be obstructed or congested with motor vehicles pulling into or out of parking spaces. The term "Grantor" as used herein shall mean the party(whether Seller or any third party)who conveys the herein described easement to Purchaser,and such Grantor's successors and assigns. Lastly,Purchaser hereby agrees that the Ingress/Egress Easement Area shall be reduced to the smallest and shallowest area reasonably possible permitted by the local governmental authority which would allow Purchaser to have a 30 foot wide drive, together with the landscape buffer, curbing, temporary water management, sidewalk and curb cut. This determination,and any revisions to the easement area shall be made In good faith during the Feasibility Period, Sanitary Sewer and Water Extension: Purchaser to provide water and sanitary sewer service(the"Utility Lines")to the Contract Property and Seller's Remaining Property,Purchaser shall design,permit and,upon Purchaser's development of the Contract Property,construct the Utility Lines to the Contract Property and Seller's Remaining Property in a route,capacity, location and design satisfactory to Purchaser (the "Utility Construction"). Prior to the expiration of the Feasibility Period, Purchaser and Seller shall negotiate in good faith a utility easement(the'Utility Easement')to facilitate the Utility Construction and subsequent use of the Utility Lines. Should Purchaser and Seller fail to negotiate an acceptable Utility Easement, Purchaser, at Purchaser's sole option,may elect to:(a)terminate the Contract,in which event,notwithstanding any contrary provision contained in this Contract,the Earnest Money shall be immediately refunded to Purchaser;or(b)waive this condition and proceed to Closing.The Utility Construction costs shall be paid by the Purchaser.Notwithstanding anything to the contrary above,should Purchaser elect to proceed beyond the Feasibility Period, Purchaser will be deemed to have waived its right to terminate this Contract for faitute to obtain Utility Easement. Purchaser's Work: Purchaser and Seiler acknowledge and agree that Purchaser's intended use and associated construction of its retail improvements requires significant improvements to the existing Contract Property, Seller's Remaining Property, and/or Davis Road and/or Radio Road and their respective associated right-of-ways("Purchaser's Work"). Purchaser agrees that Purchaser, at Purchaser's sole cost and expense, shall have the obligation to (i) construct the Road Improvements(defined below)pursuant to the requirements of applicable governmental authorities;(ii)construct, install,and pave the driveways within the Contract Property,Ingress/Egress Easement Area and/or Access Easement;(iii) construct and install Utility Lines within the Contract Property and/or Utility Easement, (Iv)grade and pave any FDOT and/or Collier County improvements required on or fronting the Contract Property and/or the Seller's Remaining Property• including any contiguous right-of-ways,including but not limited to,any deceleration or acceleration lanes;and(vi)any necessary stormwater management structures required for the Contract Property, ingres sement Areas,/4ccess Easement,and/or Road Improvements. Initials: Fla. Sell . Purchaser: 8 • The term'Road Improvements"shall mean and refer to improvements to Davis Road and Radio Road which are required by applicable governmental authorities in connection with the Purchaser's development and intended use of the Contract Property. Any required deceleration and/or acceleration lanes will be located on the Contract Property and/or Seller's Remaining Property; provided, however, if the applicable governmental authorities require said improvements be located within a dedicated right-of-way, then such right-of-way will be dedicated by Seller (at no cost to Purchaser) from Seller's Remaining Property. Seller will cooperate with Purchaser in obtaining all necessary permits and approvals to allow Purchaser to construct Purchaser's Work to such specifications as shall be reasonably acceptable to Purchaser and such applicable authorities. At Closing,Seller shall execute and record any and all required documents prepared by Purchaser (I)granting to Purchaser a temporary construction easement over a reasonable portion of Seller's Remaining Property for purposes of constructing the Purchaser's Work, and (ii) conveying (or irrevocably agreeing to convey)any applicable right-of-way to the applicable governmental authority. Prior to the expiration of the Feasibility Period, Purchaser and Seller shall negotiate in good faith the temporary collalructibt easement:Seller shall escrow with the Title Company at Closing, froth°Seller's.proceeds of the Purchase Price, antifihount reasonably determined by Purchaser's engineer to equal 125%''Qfthe cost of perforini?if all of Purchaser's Work,such amount not to exceed Four Hundred Thousand and no/100ths Dollars ($400,000.00) ('Work Escrow'), Purchaser shall be reimbursed from such escrow as It performs Purchaser's Work. Should any ecrowed funds remain upon the completion of Purchaser's Work, such funds shall be promptly reimbursed to the Seller. The terms of a mutually agreeable Escrow Agreement shall be negotiated in good faith by and between the Seller and Purchaser during the Feasibility Period. The parties shall execute an escrow agreement at.c Closing consistent with the foregoing.Purchaser shall be responsible for any sums Incurred by Purchaser over and above the Work Escrow required to complete Purchaser's Work. The terms of this rider shall survive the closing of the sale of the Contract Property and delivery of the deed evidencing such sale. / Fla. Setleri ( Purchaser. 9 \\ — 2015 Re: Development of Property Located at(Street Address)(the"Property") Dear Sir/Madam: The undersigned("Owner")is the owner of the Property and has entered into a Real Estate Purchase Contract to sell the Property to Del Lago Ventures,Inc.('Del Lago") By executing this letter,Owner hereby authorizes Del Lago(and its affiliates, including, without limitation, Racetrac Petroleum, Inc. (collectively, "Purchaser")) to execute, on behalf of Owner,such applications,documents and requests desired by Purchaser to pursue all necessary permits,variances,and approvals necessary to develop the Property for Purchaser's intended purpose. Please do not hesitate to contact the undersigned if you have any questions. Thank you for your assistance in this matter. Sincere cm/s2.___ i s DiQ 1.4 e-- By: Its: /GU.9-rfit44/A/G A/EMJ3'6%2 PFW:saw Initials: Fla Seiler. Purchaser. 10 — I - I SUBMITTED SEPTEMBER 28, 2015 Property ID: A PORTION OF 00399600302 Legal Description A PORTION OF THE PARCEL LYING IN SECTION 3,TOWNSHIP 50 SOUTH,RANGE 26 EAST,AS DESCRIBED IN OFFICIAL RECORDS BOOK 3495,PAGE 2342,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3;THENCE N.89°53'12"E.,ALONG THE NORTH LINE OF SAID SECTION 3,A DISTANCE OF 821.76 FEET;THENCE S.00°06'48"E.,LEAVING SAID NORTH LINE,FOR A DISTANCE OF 50,00 FEET TO A POINT ON THE FORMER SOUTH RIGHT OF WAY LINE OF RADIO ROAD(C.R.856,100'RIGHT OF WAY);THENCE S.00°30'11"W.,FOR A DISTANCE OF 42.62 FEET TO A POINT ON A CURVE TO THE RIGHT HAVING A RADIUS OF 914.64 FEET AND BEING THE NEW RIGHT OF WAY LINE,AS RECORDED IN OFFICIAL RECORDS BOOK 2559,PAGES 1817 THROUGH 1819,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE ALONG SAID RIGHT OF WAY AND SAID CURVE THROUGH A CENTRAL ANGLE OF 13°16'58",A CHORD BEARING OF S.72°12'27"E.,A CHORD LENGTH OF 211.56 FEET AND AN ARC LENGTH OF 212.04 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;THENCE CONTINUE ALONG SAID RIGHT OF WAY AND SAID CURVE TO THE RIGHT HAVING A RADIUS OF 914.64 FEET,THROUGH A CENTRAL ANGLE OF 29°41'00", A CHORD BEARING OF S.50'43'28"E.,A CHORD LENGTH OF 468.57 FEET AND AN ARC LENGTH OF 473.85 FEET;THENCE S.35°52'58"E.FOR A DISTANCE OF 100.54 FEET TO A POINT ON A CURVE TO THE LEFT HAVING A RADIUS OF 2939.79 FEET AND A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF DAVIS BOULEVARD(STATE ROAD No.84,A VARIABLE WIDTH RIGHT OF WAY);THENCE ALONG SAID RIGHT OF WAY AND SAID CURVE,THROUGH A CENTRAL ANGLE OF 07°32'08",A CHORD BEARING OF S.48°52'40"W.,A CHORD LENGTH OF 386.36 FEET AND AN ARC LENGTH OF 386.64 FEET;THENCE LEAVING SAID RIGHT OF WAY,N.43°04'59"W.FOR A DISTANCE OF 197.46 FEET;THENCE N.00°30'05"E.FOR A DISTANCE OF 487.98 FEET TO THE POINT OF BEGINNING. • • i �Dr 11111]11111111111111111111 i 'i 111111111'11:11111111'11'1111111:'1 I I t .'f II • ' 1, I I , 11111011:11001110101111111011:110011101011:01120:1:01111!• 48 l \\• II 11 ' 1�ii A's p % ?1 I , n tell 4 I ,�►� h!"'•,Z i. 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AI } �' � g_g -- ="'":" ,�.,...ro„� , b''kr 1 mixc.. ti i,. o PROJECT � to ggQ '- _ DAVIS BOULEVARD` ..��.: Ig&4 1 (EPN#1161-STORE#XXXX) '�`#"•y.F ,. a ' 1�. ,i' , '"' ,a , e 4 1 R .,. �1 �r \ A\ �.` RN, 4+ .a` �,,'4., • 3 w1,1EI! ri al I{1 I ,'y f ' „i] 1 ..' 4 '15'11 g ,, g g 1 gm: i I,1 ,,4 11 51 - Li g 1 € 6 � ' Agri Ei,i §. ? yi(r § i ,I 1g ; t5 ' 1 i 1l)( I I'' ,I. i gii 1. `I I 3 0 8 i 4,, 1sn rL ' gyT E Y c �^{I�Li it L4 :.a ,At C � l. P ,7Zitt I ,a U. L i.5 ' ,1� , ',, V',Z' ,Op,' 1000 ! ` ' oN P P F €_ $ § I; x 9 h - -{-i g to �Fy: Its / A k A � 'l 4 to � I N ro 7�I};�I1 P11 OWNER/DEVELOPER FNGINfFR OF RECD D lr, S {p I y S •I.an� ruN oeR.wer” RnG roMC P11 ROLFUM,INC. Row..b.mu a iR i. 2}jq.I le 2,;. 'm DELIS! FfTZGERALD, INC. to IS1 . 1` C o 1 PROJECT>M Planning &omrxlp-FtopdMenvenenE A K y$f 1 ,i ! 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OCM A V 7P//207/15 5 DRAM, 229 ma 04.1A 215050 (770) 50052111. I I 0,v 1725112050 BY oxr rn \8 \''.-- � IIIR�1 �y t µs ` 1 1 ' \i,'.'''4, -1; I \ ',, . 74, #. sE,. ( f�"! \� t 1\ 1\1'1 \ ` t - !I1 I1 I ,;. d j " .2/ n; � 1I I 1 - 1, I lil `fy � C ,f '\ %1 I.. , At j i ; ,e: f » C 1! o$ /754;#''/A II �!I 1 c 31 `y s C s.', LI F Im II 1 — w. m..1._ 1.. 11 ,4J ,I ? E �10 _ . ,:......:::::::::::::::... . ,.:,...:,.:, ,,. . _____.,... ....__,— � / '''-‘ Ili 'i L j ' II .... ._:,,,i v ., 4 I- 1 - VIGIRIL1TV LINE v ..j° ..1!!I qg L ,- of I�-4 I 4 --- J �.- p d sz ,,"iI i °/ C. N a v ' ; & t' m* , ! li 1 m v� ,r aq .' 21 ' ° a I ,/ �s t C .� — ! m " , 5 a ` €. =. # # " ` t•*. w M ! r R r',* ' Y 4T 'mss" >.. .� * H tz C7 .: to CA •--•�—g �g n rtwNeev mRJJ OWNER/DEVELOPER: y w #��;I 7 0 a+ 'T�+ RACET P Rm LEUM,INC wuuraMMIS `�0 ENGINEER Of RECORR p.• ewexnmm,PipaRixe I f Ai 6�, €s� ti� w®`0 DELIS] FITZGERALD, INC. to !' m5 �: _ Planning-Engineering•Project Management to -...- PROJECT iii 4 /RaceTrac. i 16a6Nady66� N Pi / Fon Myers,FL 33901 00 mq t—.—.....- 2i9-1111-0691.239-4180602 M $ g DAVIS BOULEVARD N o `*' " to(EPN#1161-STORE .w. ~an a s€£18 ,,,,,%*t.„, \.- I 1 9 t , ■ `, \ \ \ j \\ ` i ,n::',\,I 1\'\ \ — °lll \:\ � i .t (I i 11 t 1 J 4 1 z § „ , " I i Iii , ., te, _ 1 l' Aliti '' 9 a s t ````1 I / y 1m ofA 105 = ' I 11 "I` - I os=.J 13,1 § ge ' ;., Q ! WII-1111 DRIB= o5. SR m h ,, 85 TARL ls O (i IIS I 1 4 t,,. § 1 '° ii o 'I I is ri- 1�� egg m iiiIti . .i a p ' 2 d Si III I1 — $ 91 � , 4 I� �� II ly --its'- -"' i Rio II i ii I) � _ -- 4,_ ro j l / I l I . ' IMP GO /. / 30. 9911, 4 1 /' / /' / /� / %/ . 8 �� 4 // = d p I : _ /; Q !({'(4 477 �� 8 1�3 aaRwvmam OWNER I DEVELOPER ENGINEER OF RECORD: $ Hi e I aca m+nur°w+ RACETRAC PETROLEUM,INC. wmw c� FzEg RCM96 1 I i i p13 t 2 --- --zo— DELISI FITZGERALD, INC. z $ 6 N Planning-Engmeenng-Project Management yy N _ PROJECT: N 3 N RaceTrac.j 1605 Hendry Street °° d Fat Myers,FL 33901 N ILEA °I2 DAVIS BOULEVARD 23941-069,239-418.0691Fe,� 'va.p$£l8 (EPN#1161-STORE#XXXX) ....................... """9�'"" • October 15, 2015 Robert J. Morande 26880 Wedgewood Dr. Unit 203 Bonita Springs FL 34134 Re: RaceTrac at Davis Sign Variance Neighborhood Information Letter SV-PL201 S0001856 Dear Mr. Morande: In an effort to provide notification to Collier County that we have provided you with information regarding our sign waiver efforts for this project. Could you please sign below to acknowledge receipt and that you are in support of this request for additional signage on our parcel. Thank you and please let us know if you have any questions. • The RaceTrac Development Team With my signature below, I am providing notice that I have received and reviewed the sign waiver application from RaceTrac Petroleum. I furthermore am in support of these additional,signagcl efforts. , vc Adjacent property owner--- Parcel#00399600302 of Collier County • 48 in n � zyl :� � or a� yrbrin ; o b orOor f& zo 'wryoynz 0 � i ztmlo ! m z Og n t21 8Hn '`' ny �d0,, py "i Ody ' �i › tr1O� ,� � � � � CA mr ^� z b o ° d b `ti C) d wyr0nnon o r 400•n • g 4m �, y dy. n O m4014* g -- n ni' o0 0 �d 5XITI4 rr� a 0t yQ 2 O yd (n � � � t� � � d � �y � " gago bd 0 ootttm a tin n lomm . ~ •Hy Mm z ° znAri2 /orx > r g m11$ 000 0�.'� rnon mco 4) 0 v' oy6 :3 . wr ozo� oi t � 00 O I wml m0- bzt O '� m � w �H t04. x c °` oli yyrm tilt n ado `-3 '7 �] G � � ►• 'rJv O � , yew 4 w Vt VW 6 o bz d g cw .px m ° (= nip o o z b n4 o ” f tmX 0 )-inn gel MO ® 0 4 " H 000 CS ›. " O n O n m� "Qo or . on0-40 .4 w OZ"d r 4, '114 n � � z ri pi o w me H r J. � � O � r"-#1 4,r , ' •.3e) Hr � � „ ot"� 'p x r . 4 ,, m � o 0z , > 4 'llz t ©oo� o r a z ;10 , oc - "3ym2 4 © o ° kvt�on ,' �d . er 4 ' 0 o � ;14m � 1,r- o00 > zra n noz , n non n t� H � rw yHmo.. Om 2 /0 ,. � � O y , 0 N , Mild ynn lPo 0 oy t - 1 o o '. 4t.' 4g iD ,e �P21 . aTio r � 0 r on2?- wtv ,izrs3 4 ° r) toM1-3r !" E' llpi tIll= OVA ;111 ; i*PtT-30P $ 1:0802nt-t4 MMtAl = t4 00 AGENDA ITEM 4-D Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION—ZONING SERVICES SECTION HEARING DATE: DECEMBER 10, 2015 SUBJECT: VA-PL2015000 1 635 322 CONNER'S AVENUE PROPERTY OWNER/AGENT: Owner: Agent: Evansburg Properties, LLC Gerald Yurk 332 Conner's Avenue Architecture Artistica, Inc. Naples, FL 34108 13986 Bald Cypress Circle Fort Myers, FL 33907 REQUESTED ACTION: Evansburg Properties. LLC requests a variance from Section 4.02.01 A., Table 2.1, of the Land Development Code to reduce the front yard principal structure setback line from 30 feet to 23 feet(in the Residential Single-Family District—RSF-3). GEOGRAPHIC LOCATION: The parcel is located at 332 Conner's Avenue, approximately 800 feet west of the intersection of Conner's Avenue and Vanderbilt Drive on Lot 11, Block R, Conners Vanderbilt Beach Estates Unit No. 3, in Section 29. Township 48 South, Range 25 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The applicant is proposing to replace and enlarge the existing stairway to the front entrance of the house. Pursuant to Section 4.02.01 A., Table 2.1. of the LDC, the RSF-3 zoning district requires a 30-foot front yard setback. The site plan shows the steps would encroach seven(7) feet into the front yard. According to Section 4.02.01.D.7. of the LDC, unroofed and unenclosed stairways may project three(3)feet into the front yard by right. Any further encroachment beyond three(3) feet,however,would require the approval of a variance for the full encroachment. Since the current design is to encroach seven(7) feet into the front yard, the applicant is requesting a variance for the full seven (7) feet. VA-PL20150001635 332 Conners Avenue Pagel of 11 December 10,2015 MEMO _rill.� . .� s i OlirNil i ilia 1 yoba ylIB1l30NYA Irma orlon, _ � � 9 wo E# ` lal - lip CAI ra..�. ..... •• Ell J ® � o ta�. Q 7 • all MI. -J E © ®IN la tak • A �� ® i LL Z I xE80 .+ G b e Ar z id a-„,--- r A A all ER(Ka i 404011- s TIO • 4 © ® ® O 0 c. , - E2 J a a � � it El 4 A : k ® . his►■; 01 is 10....Allese 05 IA to . -\Ailti bill fitrim. um 0 go ..- \______, A ,A A till 4113111E1 0 111° al 11) (V J Q. > IX • b 111 . Z � i - — —7. OD w i Tp a'i - 3 .. ,fffio r 1 �' fllyua fl C k r 11 i IV I{ �,� ... 1..`S� , (' &i.,, r1 k. A.a1 It, // A.sm ream, owing. ..-____DI CL 1 11 fy i r T.40. ! 0 .- gi III 7 ),..4c,,%crux...A lin NI twin g 17 ii 0,5 y6XICo -,C OC3 a. O aJ '� 11 1: 1 =;+ s U 1 f= i �ti , i4li l' ;.° nix tfittioMill i i fe Ji 1Liqi0 ;' N1 g,7 2 Z Z -.II IQ z N m 0 O W ti ~ 4 I y Ce Q ZfC T' l Ctj S II 4.I 4e W.M. 2 (4.4') ;b 31.91'3 CO h CC \\141.9 i*J u tu I � I IiJ 1 ,.....› - \ 0 23' ;W 4' 3' Q� I I I IMMIli I Cl) , I a ( MI IC:r `O i (J a Z I I I Ill W g z I ' 2Z 0 01-- O .9G 0 ' r I ` I III I�i..� cc , \ III t \ Ili III I • , =W ° w Z ! Aa- wN e A it O I VmO� TWO Z IWI I � ti Li) `•° V3W2 SO. IQ 0 2 OV Io 2 P. k It I- 20000 �Om� h 11 I " W____ 32.11' �I 4 _ _ _ _ / N ® .,o O N 00°14'40"W 121.! W N00°17'30"W 121.1 CC W m O O Ei o ,. 0 2 C L cNt Cc SURROUNDING LAND USE & ZONING: North: Right-of-way for Conner's Avenue, zoned RSF-3; farther north is a single- family home zoned RSF-3. East: Single-family home,zoned RSF-3. South: Vanderbilt Lagoon; farther south is a single-family home zone, both of which zoned RSF-3. West: Single-family home, zoned RSF-3. - _ r '►,, - ' a 1 i r i 3 T { [ y r 1. , 151 i 1 d i +iii ►. 4r• , „ f i 4-- "a e R ,t""" \ �. '�"�T'�`tit Subject Property VA-PL20150001635 Aerial(County GIS) GROWTH MANAGEMENT PLAN (GMP)CONSISTENCY: The subject property is located in the Urban Residential (UR) Subdistrict future land use designation, and is within the Coastal High Hazard Area Overlay (CIIIIA), as identified on the County's Future Land Use Map (FLUM). This Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. Maximum eligible residential density shall be determined through the Density Rating System but shall not exceed 16 dwelling units per acre except in accordance with the Transfer of Development Rights (TDR) Section of the LDC. Properties within the CHHA are subject to density restrictions. As previously noted, the subject petition seeks a variance for a single-family home that is located within a single- VA-PL20150001635 332 Conners Avenue Page 4 of 11 December 10,2015 family subdivision, which is an authorized use in this land use designation, therefore, the single-family home use is consistent with the FLUM. The GMP does not address individual variance requests; the GMP deals with the larger issue of the actual use. s • _ -1 . 1 *it�„ '� 4. {y i fir' 1 110 * 4 _ : 'itt Subject Property ; iiiifIr: VA-PL20150001635 ,,....-..:0„ _„,. ti t� /� i * n \�11��l(l f t P: E Aerial of front yard-3/31/14(Google Earth) r11,11,1/1414 s sowavr -4011k II � . Front yard view—Dec 2014(Google Earth) VA-P120150001635 332 Conners Avenue Page 5 of 11 December 10,2015 ■ Ilir ■ 111■ • I. A la to tb=; x t i Front yard view—Nov 2015(staff digital photo) VA-PL20150001635 332 Conners Avenue Page 6 of 11 December 10,2015 0 ■ 1,f ii 4ipoN - Front yard view-Nov 2015(staff digital photo) 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. According to the narrative submitted by the applicant, the original home was built in 1991 under residential permit #90-8850. According to the warranty deed, Evansburg Properties LLC purchased the property in March of 2015. The owner has asked the architect to address (as the architect describes) "two dangerous conditions created as a result of the existing design/layout of the driveway and stairs entering the elevated front entrance of their home. There is no existing encroachment,only existing dangerous conditions." According to the narrative,the current stairs do not meet the rise and run requirements of the Florida Building Code. The existing structure is located within the AE10 Special Flood Hazard Area (SFHA)and is required to be elevated. Portions of the lot are located in the AEI 1. VA-PL20150001635 332 Conners Avenue Page 7 of 11 December 10,2015 Staff conducted a site visit and observed that the front door to the house on the subject property is considerably higher in ground elevation than for the same on the properties directly to the east and across the street to the north. 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 above paragraph demonstrates the pre-existing conditions relative to the subject property. With respect to the built environment specific to the subject property, the house was constructed prior to when the applicant purchased the property,and its current location was chosen by a previous owner. The desire of the applicant is to have new stairs that comply with the FBC. 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 of the 30-foot front yard setback requirements limits and creates an undue hardship on the applicant and "creates practical difficulty for the applicant in their effort to create a safe and legal entrance stair," as detailed in the narrative. d. Will the Variance,if granted,be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health,safety and welfare? No. A previous owner chose to design the lot with a half-circular driveway, which staff considers to be an elective improvement. The requested variance is predicated on correcting/mitigating "existing dangerous conditions" as described by the applicant in order to design 1)a fully-circular driveway; and 2)so that the proposed unenclosed staircase would comply with the rise-run formula of the Florida Building Code(FBC). Staff acknowledges that having an elevated half-circular driveway that terminates near the front entry door is certainly an undesirable design. According to the applicant, however, the requested variance is the minimum necessary to ensure safe entry/exit into the house. While the proposed design is aesthetically pleasing and practical,the Chief Building Official does not concur with the applicant's claim the proposed encroachment represents the minimum necessary. It should be noted that the tread of each staircase is designed to be 10.5 inches,which is a half-inch more than the minimum necessary to comply with the FBC. It is staff's opinion that designing the tread in this manner helps to promote standards of health, safety,and welfare. Furthermore,the proposed stairwell is designed as a double entry staircase,which is desirable from an aesthetics point of view. VA-PL20150001635 332 Conner's Avenue Page 8 of 11 December 10,2015 e. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands,buildings,or structures in the same zoning district? Yes. By definition, a variance grants an exception to a zoning regulation that would otherwise apply. However, the completion of the stairwell as designed would promote safer entry/exit to the front door. f. Will granting the Variance be in harmony with the general intent and purpose of the Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. Granting of the variance will be in harmony with the general intent and purpose of the Land Development Code (LDC) and will not harm public safety, health, or 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 courses,etc.? No. There are no natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation in this instance. h. Will granting the Variance be consistent with the Growth Management Plan? Approval of this Variance will not affect, impact, or change the requirements of the GMP. ENVIRONMENTAL ADVISORY COUNCIL(EAC)RECOMMENDATION: This project does not require an Environmental Advisory Council Board (EAC) review since this project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report on November 20,2015. RECOMMENDATION: Staff recommends the Collier County Hearing Examiner approve this variance request as presented contingent upon the following: 1. 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 VA-P120150001635 332 Conners Avenue Page 9 of 11 December 10,2015 a state or federal agency or undertakes actions that result in a violation of state or federal law. 2. All other applicable state or federal permits be obtained before commencement of the development. Attachments: 1) Application it Support Material 2) Correspondence VA-PL20150001635 332 Conner's Avenue Page 10 of 11 December 10,2015 PREPARED BY: g24,‘ l It3OA ERIC L. JOHN ON, I P CIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: /7Rtw-- RAYMO V. BELLOWS,ZONING MANAGER DAT ZONINGt)IVISION 11 - 30- 1S - MIKE BOSI, AICP. DIREECTOR DATE ZONING I)IVISION VA-PL20150001635 332 Conner's Avenue Page 11 of 11 December 10,2015 chitecture Artistica inc. 1 3986 bald Cypress Circle rort Myers, rL 33907 October 5,2015 COLLIER COUNTY GROWTH MANAGEMENT DEPARTMENT 2800 North Horseshoe Drive Naples,FL 34104 RE: PL20150001635 332 Connors Ave Dear Growth Management Department: Below please find our responses to each correction comment in L `1. We have also made the appropriate changes/additions in our petition paperwork attached. Rejected Review:Graphics-GIS Review Reviewed By:Mariam Ocheltree Email:MarisunOcheltree@colliergov.net Phone#:(239)252-2315 Correction Comment 1: • Correct the folio number on page 2 of the application. Please remove the dots and the extra 0 at the end. Correct the folio number is 27630440000 - 'C_)NE. Please sec revised application accac-sec . Rejected Review:Zoning Review Reviewed By:Eric Johnson Email: EricJohnson@colliergov.net Phone#: (239)252-2931 Correction Comment 1: Each resubmittal requires an electronic version to be provided on a CD. Several paper documents were provided for the 2nd review but were not included on the CD. If other reviewers have any outstanding issues that need to be addressed,necessitating a 3rd review,then those updated documents will also need to be included on a CD.— Rejected Review:County Attorney Review Reviewed By:Scott Stone Email: EricJohnson®colliergov.net Phone#:(239)252-2931 Correction Comment 1: The documents you provide do not demonstrate evidence that Evansburg Properties,LLC is authorized to conduct business in Florida. DONE.. please gee attached letter from the Florida Department of State . :t'pGtations • 239.2.22.4179 �yarckitect @jaloo.com • T www.arclitectureartisticainc.com License AA 26001 106 • Correction Comment 2: Label the location and dimension of the encroachment(i.e.,show the measurement of the encroachment on the site plan). , site d!, site plan. Sincerely, /0 I 1 Gerald L Yurk, A Sw Architecture Arti.tica, 4111 • _ _ __ ■ October 1, 2015 FLORIDA DEPARTMENT OF STATE EVANSBURG PROPERTIES LLC D on ofCoipotations 862 APPALOOSA DRIVE COLLEGEVILLE, PA 19426 Qualification documents for EVANSBURG PROPERTIES LLC were filed on September 30, 2015, and assigned document number M15000007810. Please refer to this number whenever corresponding with this office. Your limited liability company is authorized to transact business in Florida as of the file date. This document was electronically received and filed under FAX audit number 515000234902. ITo maintain "active" status with the Division of Corporations, an annual report must be filed yearly between January 1st and May 1st beginning in the year following the file date or effective date indicated above. If • the annual report is not filed by May 1st, a $400 late fee will be added. A Federal Employer Identification Number (FEI/EIN) will be required when this report is filed. Apply today with the IRS online at: https://sa.www4 .irs.gov/modiein/individual/index.isp. Please notify this office if the limited liability company address changes. Should you have any questions regarding this matter, please contact this office at the address given below. Neysa Culligan Regulatory Specialist II Registration/Qualification Section Division of Corporations Letter Number: 615A00020720 P.O BOX 6327-Tallahassee,Florida 32314 • FAX: PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED 1 Name of Applicant(s): eyaxisburi properbc5 . us_ Address: 332 ecnnoC5 Ave. City: Po,Ple5 State: FL ZIP: 3Lj19 Telephone: &Up"&o - 3131 Cell: (040-(0623 31 Fax: 0) E-Mail Address: 3 ) 5eorI rs (...orY1 Name of Agent: Gera\d \/urY-- Pv-thilec* Firm: AccW i-ec-L)re f;r-EiSti(CI nc_. Address: J3 (9 Bctd c,t. press eir. City:chrl-Mkjers State: FL ZIP: 33q Telephone: c33q-gaJ rig Cell: )Scl-333- I79 Fax: N E-Mail Address: (3 V., 0.(IC,1r114ce-Ck . k-60-3,R00 C.Orn • 6/4/2014 ?age 1 of 6 Collier County 2800 NORTH HORSESHOE DRIVE COLLIER COUNTY GOVERNMENT 2800 FLORIDA 34104 GROWTH MANAGEMENT DIVISION NAPLES, ZSZ_LORI FAX:(239)252 6358 www.colliergov.net Provide a detailed legal description of the property covered by the application: (If space is inadequate,attach on separate page) Property I.D. Number: 27(030414 0000 Section/Township/Range: 2cf / /1_5_ �Qdex ESi'r1 Unit: -3 Lot:1\Block: Subdivision:�'nt�[1pt•5 ��'�� a Metes&Bounds Description: Total Acreage: -(2-(2g:5 C nOC'S f�vex10e-,�4)1�'RL Address/General Location of Subject Property: 33i 3410% Zoning Land Use N 5 - 3 ZS F 3 r-r e ' Rest- �u.)01.6 Cor a ndvt bi l-E P 625E 3 s,n Ce-Krr►\ { 'd CL w i. .\ --c&SL • Minimum Yard Requirements for Subject Property: I r� Front: .0l.) Corner Lot: Yes I I No Vi i Side: -7 Waterfront Lot: Yes No Rear: 6 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. • Page2of6 6/412014 Complete the Com following for all registered Association(s) that could be affected by this petition. p Information can be found on the Board of County Provide additional sheets if necessary. Commissioner's website at �__. _�_____iI l� -- -- • Name of Homeowner Association: City: state: ZIP: Mailing Address: City: Name of Homeowner Association: CI! State: SIP: Mailing Address: y: Name of Homeowner Association: Cit SEate: —ZIP:_---- Mailing Address: y_ "— Name of Homeowner Association: ZIP: Ciw _state; Mailing Address: Name of Homeowner Association: Mate. ZIP: Mailing Address: City: On a separate sheet,attached to the application, please provide the following: *see__ j\.)0.r'ro,,bN e 1. A detailed explanation of the request including ,g numbers,istructures e reduce front setbackf from ft.to 18 ft.; the amount of encroachment proposed 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 ovtherHearing a Examiner, and the Hearing Examiner dlbelowuiPlease address the follow in criteria: variance petition by the criteria(a-h) 'st a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land,structure,or building involved. Page 3 of 6 614/201A 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 the land,building norstructure and which promote standards of health,possible afety or welfaae re! use o e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands,buildings,or structures in the same zoning district. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood,or otherwise detrimental to the public welfare. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes,golf course,etc. • h) Will granting the variance be consistent with the Growth Management Plan? 4. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes'No If yes,please provide copies. S Page 4 of 6 614/Z014 i • 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 i 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. Completed Application(download current form from County website) 0 ffi Pre-Application Meeting Notes 1 © ❑❑ Project Narrative 1 n Conceptual Site Plan 24"x 36"and one 8 Yz"x 11"copy ©�i ❑❑ Survey of property showing the encroachment(measured in feet) 2 2 ® ❑ _-.•;: --- - signed and notarized — 3 © ❑ Deeds/Legal's 1 ❑ III Location map i Current aerial photographs(available from Property Appraiser)with El project boundary and,if vegetated,FLUCFCS Codes with legend 5 Q included on aerial 1 ❑ El Historical Survey or waiver request 3 ❑ E! Environmental Data Requirements or exemption justification ❑ Once the first set of review comments ore posted,provide the assigned 1 wi planner the Property Owner Advisory Letter and Certification Electronic copy of all documents and plans 1 '�, ❑ *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: o Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. o Please contact the project manager to confirm the number of additional copies required. • Page S of 6 6/4/2014 I =il:l{'NORTH • COLLIER COUNTY• r%ElERPdP,f1E4`S'•.• HORSESHOE DRIVE u i JYH P r .GeP4CPd'Dls:s ,r ttiJiP4ES,FLORIDA 34104 vil ww coie Lr o u.nt ''s'i 2522400 —Y i 252-6358 Planners:indicate if the petition needs to be routed to the following reviewers: Em�ironnlental Review:See Pre-Application Bays`rQ;/Ga:e;ay Triangle Redeveiop�re�t' ❑ Meeting Sign-In Sheet j Executive Director Graphics:Mariam Oche{tree j s �?ddressing_Annis Nto�am L': Historical ReviReview I ❑ City •of Naples:Robin Singer,Planning Director t Comprehensive Planning:See Pre-Application h } nmaka{ee\tda:er/Sewer District: i C ` Meeting Sign-In sheet { pgris and Recreation:Vicky Ahmad Transportation Pathways:Stacey Revay (^ � Conservanc, n`SL•'JFL:rJiChoie Ryan 1 I Amy j Cou:ay Aaorney's Office:Heidi Ashton-Cici:O i E . Emergency Management:Dan Summers;and or School District(Residential Components): Hc-arilock �-- i EMS:Art e BFiy Heart!0r=1Cion Planning:John Podczerwinsky ILV 1 Engineering:�ii5o^6radiorn C� U:flities Cnglneeri�(:l:risVdnL @n5�n I ❑ Offer- Pre-.Application Meeting:$500.06 • W Variance Petition: -�-- Residential-$2,000.00 Non-Residential-S5,000.00 S'h and Subsequent Review-20%of original fee Estimated LeExaminer:er:5925.00 r al Advertising Fee for the Office of the Hearing Examiner: After The Fact Zoning/Land Use Petitions:2x the normal petition fee .:1 Listed Species Survey (if EIS is not required):51,000.00 All checks payable to:Board of County ComfhiSStOtler"5 T ed a he complet PP lication,all required submittal materials,and the permit fee hall be submitted to: Growth Management Division(plannin$and Regulation Ail l:Business Center 28U0 North Horseshoe Drive Naples,FL 34104 `" Applicant Signature � Date Printed Name page 6 of 6 6/4/201.4 __ — Cotter County COLLIES COUNT:GOVERNMEr7 28(10 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,P!.ORIDA 24101- "2219)252-2400 Variance Tuesday,July 21,2015 3:50pm Assigned Planner: Edo Johnson Engineering Manager(for PPL's and FP's): Project Name: 332 Conners Avenue Pt. VA-PL20150001635 2763044000 f• ■-•7 Property ID#: Current zoning: , r Project Address: 332 Conners Avenue city: Naples State: FL zip; 34108 Applicant: John and Sandy Weekley • Agent Name: Gerald J. Yurk, AIA Phone: 239-222-4179 Agent/Firm Address: Architecture Artistica, Inc. City: State: Zip: Property Owner: Please provide the following, if applicable: i. Total Acreage: 0.22 ii. Proposed#of Residential Units: 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 AROMA: P.B. 3, Page 89 CONNER'S VANDERBILT BCH EST UNIT 3 BLK R LOT 11 �Co t er County SCOWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34/04 wrn vi,c iiliergay.net (239)252-2400 ,..•L f 1 • it) t t 4. t. - 1 L r _ -s i t<.-k,,< �.f',.• s '.%C.�'..f •s "k° 1:ale•' ' •. 71 t_ 16"41't f .t c � t[ W `�f�t t 4 A,4., 1)ik4:7 tv- d c't' 1)r r;o.{tt-.:c i E- >13Z L,i 12.i...41-34-'4? �-•' r t '� ! c d4- Let :,› ' �� 't m� t . '1 ty;,.• ;.47 � r L L a • .ate. .ti .y { / 7 w • _ J ;4;._ ,,t c{ r 't , ..r l .. t t C�.F" YL-ki , t Ot ti,i fit, ,r t t L:, tit / , ..` LF } • • Wier Comm • t Lt_7,cou'` GOVER 4'AS{.. i 2900 NoR 1:HoR£+:3w 3E DRIVE E GRO i T H MANAGEMENT EP,':R M:? – NAPLES,FLORIDA 34104 I L...._ . 1 {- '239) 252-2.400. r i, _ _ _ Collier County Contact Information: Name Review Discipline Phone ` Email • Richard Anderson Environmental Specialist 252-2483 richardanderson @ colliergov.net I David Anthony Environmental Review 252-2497 davidanthony @colliergov.net Summer Araque Environmental Review 252-6290 summerbrownaraque @ colliergov.net JS Steve Baluch, P.E. Trarsportation Planning 252-2361 StephenBaluch @colliergov.net I Laurie Beard Transportation Pathways 252-5782 Lauriebeard @colliergov.net • Rachel Beasley Planner 252-8202 rachelbeasley @colliergov.net O Marcus Berman County Surveyor 252-6885 MarcusBerman @coiliergov.net r:1 Madelin Bunster Architectural Review 252-8523 madelinbunster @colliergov.net I Mark Burtchin 1 ROW Permitting 252-5165 markburtchin @colliergov.net George Cascio Utility Billing 252-5543 georgecascio @colliergov.net III E Heidi Ashton Cicko Managing Asst County Attorney 252-8773 heidiashton @colliergov.net Sue Faulkner Comprehensive Planning 252-5715 suefaulkner @colliergov.net • Eric Fey,P.E. Site Plans Reviewer 252-2434 ericfey @colliergov.net Paula Fleishman Impact Fee Administration 252-2924 paulafleishman @colliergov.net _;; Nancy Gundlach,AICP,PIA Zoning Services 252-2484 nancygundlach @colliergov.net I Shar Hingson East Naples Fire District 687-5650 shingson@ccfco.org O i John Houldsworth Engineering Services 252-5757 johnhouldsworth @colliergov.net i g !; • Jodi Hughes Transportation Pathways , 252-5744 jodihughes @colliergov.net C Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphries @collieTov.net Eric Johnson,AICP,CFM Zoning Services 252-2931 ericjohnson @calliergov.net Marcia Kendall Comprehensive Planning 252-2387 marciakendail @colliiergov.net Stephen Lenberger Environmental Review 252-2915 stevelenberger @colliergov.net Paulo Martins Utilities 252-4285 •paulomartins@C011iergov.net D Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto @ colliergov.net • Jack McKenna,P.E. Engineering Services 252-2911 jackmckenna @colliergov.net Matt McLean, P.E. Principal Project Manager , 252-8279 y matthewmclean@colliergov.net Gilbe•t Moncivaiz Utility Impact Fees 2524215 gilbertmoncivaiz @ colliergov.net Annis Moxam Addressing 252-5519 annismoxam @colliergoV.net _ 0. Stefanie Nawrocki Planning and Zoning 252-2313 StefanieNawrocki @Colliergov.net C Mariam Ocheltree — Graphics 252-2315 mariamocheltree @colliergov_net • O Brandy Otero f Transit 252-5859 1 brandyotera @colliergov.net J Collier County 0 COIL R COUNTY GOVERNMENT 2800 NORTH HORSESFOE DRIVE GROWTH MANAGEMENT DEPARTMEN": NAPLES,7LORIDA S404 257-741r : Branch Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net O Fred Reischl,AICP Zoning Services 252-4211 fredreischl@colliergov.net .-- '....J Stacy Revay Transportation Pathways 252-5677 stacyrevay@colliergov.net O Brett Rosenblum,P.E. Utility Plan Review 252-2905 brettrosenblum@colliergov.net ▪ Michael Sawyer Zoning Services 252-2926 michaelsawyer@colliergov.net n Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net --1—:-- Chris Scott,L■ICp Planning and Zoning 252-2460 chrisscott@colliergov.net - Daniel Smith,AICP Landscape Review -252-4312 danielsmith@colliergov.net Ellen Summers Planning and Zoning 252-1032 EllenSummers@colliergov.net _ __. Scott Stone Assistant County Attorney 252-8400 scottstone@colliergov.net _____ O Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net : Kris vanLengen Utility Planning 252-5366 krisvanlengen@colliergov.net ... L.1 Jon Walsh Building Review 252-2962 jonathanwalsh@coiliergov.net O David Weeks,AICP Future Land Use Consistency 252-2306 davidweeks@coiliergov.net : Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net : Christine Willoughby Panning and Zoning 252-5748 ChristineWitloughby@colliergov_net 40 Additional Attendee Contact Information: Na me Representing _ Phone Email _ . . . - -- --- ) , - — ■ _ • _ .___ _�. - Please complete the following and email to or fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be sinned by Addressina oersonnel prior to pre-application nf'getin4. 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 Checktlst for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) CamivaUCircus Permit ❑ (Insubstantial Insubstantial Change to SDP) ❑ ❑ CU(Conditional Use) 0 SIP(SIte Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change--Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) R PPL(Plans&Plat Review) VA(Variance) • PSP(Preliminary Subdivision Plat) VRP(Vegetation Removal Permit) [] PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fitt Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) rb FOLIO(Property ID)NUMBER(s)of above attach to.or associate with.legal description if more than one) a 30L/ 40000 l l s a no - lilt , iich,Egrta, unit 3 Btot R STREET ADDRESS or ADDRESSES(as applicable,if already assigned) 33 Con of ye. • LOCATION MAP must be attached showing exact location of project'site in relation to nearest public road right- of-way o SURVEY(copy -needed only for unpiatted properties) PROPOSED PROJECT NAME(if appiicapie) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing proJects/sites only) • apt, - or AR or Pt_ft - COL lieT CO • CoLLkR , IN T\ C vE NivIE ', 2220 NO RTii riCi#,S;,SHOE DR:VE -1£ , _'-.N, NAGEME T O P RTM N T ZIA F.. =L #t};, :4104 9`2n-2!10C 1-1=,. €289 252-5724 Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: Y„ Email ❑ Fax ❑ Personally picked up Applicant Name: EV CLOS\cki ate s,1.LC, ( B •• Gel d 1,Vr V) Phone: c939 (9'9' Ling Email/Fax: 5J C(rC kp.Le c r0 . C r Signature on Addressing Checklist does not constitute Project and/or Street Name • approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 27630440000 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: = - ii bate: 9-3-2015 Updated by Date: 410 Project Narrative Variance Petition Application for Weekley Residence Petition#VA-P120150001635 The original home on 332 Conners Avenue was built in 1991 under the initial residential construction permit#90-8850 dated 4/3/91. The current owners,who have just purchased their property on March 24,2015, have asked us as their architects to address two dangerous conditions created as a result of the existing design/layout of the driveway and stairs entering the elevated front entrance of their home. There is no existing encroachment,only existing dangerous conditions. The existing north elevation drawing shows the existing driveway going up toward the center entrance into the house from one side only. It simply stops at the entrance requiring a car to back out on a downhill curve. It is a very awkward condition that the new owners would like to eliminate. The other condition that needs to be corrected is the steep stair coming out of the house at the front entry. The rise and run formula for safe stairs in the building code is not complied with here,creating a dangerous situation. In order to construct a safe stair we need six risers from the front entry level down to an intermediate • landing which will allow us to construct the balance of the risers perpendicular to the front of the house and extending down to the driveway elevation in each direction from the centerline of the front entry. This configuration allows just enough distance to get the required rise and run into go from the first floor to the driveway(front yard)elevation. The new stair is the only structure that will encroach into the front yard setback. This is the rationale dictating the need for a variance of 4'from the front yard setback of 30'to 26'. This, when combined with the 3'allowance for stairway encroachment will give us enough linear dimension to create all the steps required to transition down to the driveway elevation. The zoning ordinance will allow entry stairs to encroach 3'. Our stair layout is driven by the necessity to meet the rise and run criteria of the Florida Building Code requiring a total of 7'. Hence the request for an additional 4'. Below are the criteria for variances from the LDC Section 9.04.03 that we must address. You will see our responses directly below each point: There are special conditions and circumstances existing which are peculiar to the location,size,and characteristics of the land,structure,or building involved. The building built in 1991 has entrance stairs that do not meet the rise and run requirements of the Florida Building Code. In order to correct this condition 4 additional feet are required in front of 4111 the main house structure to construct a safe stair. • There are 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. The non-compliant stair is a pre-existing condition not created by the new owners. A literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. A literal interpretation of the provision of the LDC creates a practical difficulty for the applicant in their effort to create a safe and legal entrance stair. The variance,if granted,will 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. The variance requested is the minimum necessary to promote safety. Granting the variance requested will not confer on the petitioner any special privilege that is denied by these zoning regulations to other lands,buildings,or structures in the same zoning district. Granting this variance will only allow the applicant to use his property in a safe and legal manor, a condition all other property owners in the district are entitled to. Granting the variance will be in harmony with the intent and purpose of the LDC,and not be • injurious to the neighborhood,or otherwise detrimental to the public welfare. This variance is not injurious to the neighborhood and promotes the public welfare. There are natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation,such as natural preserves,lakes,golf course,etc. The improvement of this physical condition will contribute to the goals and objectives of the code. Granting the variance will be consistent with the Growth Management Plan(GMP). To the extent that the GMP is intended to improve the quality of life and safety of the public in Collier County,the granting of this variance is a positive step contributing to that objective. V u^ i1 6i 1 1 1 1 li rf,“I 1 ..• cc 5 11llhu } ,�— �S � $ , V 6s.1 "ii 1,1- k to 88Ii ail 0.111 • i ..L.171.), I ' I � Z C W ° m O U :W C u co I n W.M.CO 01 C...1.4'----') C5.5' ) I M 1.\ -1 I �yc / � ---- -- CC 1 —ea 31.91' I '' 1 1 V. �� ec 23� Q 4' 3`I .....› I\ ..;... � ' ii j iII - JI o Cr C � co 1 - I it ° C7 f � ,ZZ O I O Z Z-.-1. i vr.C1) I 1 1 t � I r11 I _ IV,, 0 i U 2 CD 2 ru' (11) I � ._] 3211' - I _ _ .—. _ II / N` I \ C 1 ( C., ,....,..;Th O I O N00°1440"W 121. I 12 N 00°1730'W 121.1 • O tl 2 1 co i 1 N Ct AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(8) ?1,—Z1N\ 5 11 6 it.y36 _ (�,ndAric U t1 to el (print name), as .1 � ,a 1.,.:441..-4.1' (title, if applicable) of Y,Arr-am r ; ,� G (*.se pad', If applicable), swear or affirm under oath,that t am the(ch e one)owner Vj,applicant_contract purchaser and that 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 1 restrictions impos by the approved action. 5. Well authorize ter►±" ` .. :. to act as our/my representative in any matters regal`• ng this petit on 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 (1...C.), then the documents should typically be signed by the Company's 4Managring 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 11 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. Signature Data STATE OF FLORIDA COUNTY OF COLLIER Thy foregoing instrument was sworn to(or affirmed)and subscribed before me on . c ,/1 ,., (date) by (name of person providing oath or affirmation), as } i >, I = ,who is personally known to me or who has produced (type vt Identification)as Identification. STAMP/SEAL Signature of Notary Public flAR1AL SEAL Pubic DE East Cave^ 1C� oY .Cheater Counly Commission J , < 28.2010 cp10s.COA-41O1151 S3 KEY 3114114 INSTR 5099060 OR 5132 PG 2405 RECORDED 312512015 12:25 PM PAGES 2 This instrument prepared by and DWIGHT E. BROCK,CLERK OF THE CIRCUIT COURT • Record and Return to: COWER COUNTY FLORIDA DUNN TITLE COMPANY DOCQ.70$10,990.00 REC$18.50 CONS$1,570,000.00 801 Anchor Rode Dr., Ste. 201 Naples, FL 34103 File No.: 15-12477 CONS: $1,570,000.00 Property Identification No.: 27630440000 WARRANTY DEED This Warranty Deed, made the 02 day of March, 2015, by ROBERT A. WOITZIK and MARI P. VESCI, HUSBAND AND WIFE, hereinafter called the Grantor, to EVANSBURG PROPERTIES LLC, A PENNSYLVANIA LIMITED LIABILITY COMPANY, whose post office address is: 862 APPALOOSA COURT, COLLEGEVILLE, PA 19426, hereinafter called the Grantee, (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) Witnesseth, That the Grantor, for and in consideration of the sum of $10.00 and • other good and valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in Collier County, State of Florida to-wit: Lot 11, Block R, CONNER'S VANDERBILT BEACH ESTATES, UNIT NO. 3, page 89, of the Public according to the Plat thereof recorded in Plat Book 3, pag Records of Collier County, Florida This Conveyance is subject to easements, restrictions, reservations, and limitations of record, if any, and Together with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, to have and to hold the same in fee simple forever. And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee 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 claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2014. Page 1 of 2 • • Warranty Deed Page 2 of 2 In Witness Whereof, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presenc,,q,,of: .„) Witness#1 Signature R BERT A. WOITZII( / 44RG) L 2)0,6/71-7-0 Printed Name of Witness #1 P.O. BOX 112218 NAPLES, F 34108 44 / 7 ; — ness#2,Sigtattge / MARL VESCI Printed Name. of Witness #2 9000 GULF SRORE DRIVE NAPLES, FL 34108 STATE OF: FLORIDA COUNTY OF COLLIER I hereby certify that on this day, before me, an officer duly authorized to take acknowledgments, personally appeared ROBERT k WOITZIK and MARI P. VESCI, HUSBAND AND WIFE known to me to be the persons described in and who executed the foregoing instrument, who acknowledged before me that they executed the same (check one) Said persons are personally known to me OR Said persons provided the following type of identification: Vtrt.. . ie.t•z .c ;2(114 Witness my hand and official seal in the County and State last aforesaid this r day of March, 2015. My Commission expires: OTARY PUBLIC (SEAL) Printed Name of Notary Public uthTO r 1ES rcu Ws,,,2 0 ; • ". • °I ';.-- 'w 111; ;; t,,,yrti' - ,,,.....:41,,,,_ ,,lir.7.1,,,.... _ , .. .. , - - . . - , 't g ''' ' 11'' Variderblitilip ;.' --: ' 134' , . lingik; . . 4; 10 . - . ,. * I'' i - .ir 4forillk` r, -''-- • — • i .1 •• ' - Jr .,--.411„.. -. .. f. , _ _ 1, . .._ i *Air - ' . - - .. -'''''.!!''' '.1 - - -4V.4:(4 14'1' . I'' :if 4-E"--.- '• - -i-r " 1 , t ,t , * #- ,i;:.it 141)f: '-. -1 .' - , L* • 14; - Tik a> ' 'ail . 2 i !'. . , ylije 1,.dir ,- ' ,,- .4.: '-'W ,- .., ''-i--'-- ,t 11,... !,1 -.,7; f.--- -.-.' -;., t., b 114 ..;.,, ..., ! --,.- -., Ill• ›.- " / I") 114, 1 , 't; rit . ..-.4.1, . - , . 4.- , , i -- ....I.-0 . -- 1 4 I, ..41; - t ...J. ,,„... ....- ,.: .; co .- ai' ' -11P•.7irikt ipg; liiii,v,iii, ;-; .;,-.';-: 0 -0._ • ,.„ , A ,. ._ 41.1,, .; , . _ - _ , ..4..;t4.,... ; 2 1- -,,,,- ., .,, . , r.;,,,, , ' ■:',i . 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I I b 111r-. . - s * • 41, • iliiiMill k. rs - 5 — ,---- eiP .---.-- ' -,-4iivr m .. ._ , ....„..,1,,...„ :„.,,„„,,, it , . ... , ..., _ . ., or, pit :4 4U '� 1 I 40 f x ....., 4, t -ii , -- I ..,,,,,4 . " „riri `, tmit - ' _., L ... , . E .► ! ^� ..Illt Olt 1! cn fG r . 0 f Imo.' -.. "; € Nit 4 diOf 1 �, ic, 1 �F. � 1.17 4 a '7 t 0 ") r rc A lie v . ! A f :_ _ y:a i �. y < 53 '� - MAP LEGEND , ...... ,.. .. ,.. .. .._ f � € strut Nacres 1 Parcels . ..' cw' sw, g ,� Subdivision IL ' - � „^ ""'-" ._a... "' - Aerials 2015 brush Urban) be MME/ �-.L —6— N. '. n) Aerials 2014 12 FEETI . ;; , Collier County s . El Folio Number.27630440000 Name:EVANSBURG PROPERTIES LLC Street#&Name:332 CONNERS AV1 Men Sunda l Unit#:R t 11 AI riot ---T,,---r--------------- ----- ----- Legal Description:CONNER'S - - '..4,4::”,� ^e,,II - $VANDERBILT BCH EST UNIT 3 BLK .,=, R LOT 11 < •st -"or'2'''ill '.', ....„,,,,,, ,4 i 1 '4- 10 "1'1,...„' ,14- - .. .., _ r Ate. .y n 1 ,„ .. . , < _, 904.Collier County Property App-aiser_While the Collier Canty Property Appraiser is committed to providing the most accurate and up-to-date information,no warranties expressed or implied are pima, for the data herein,its use,or its interpretalion. 4111 8+3112075 Print Subject: RE: Requests to Waive Variance App Requirements2 •From: JohnsonEric(EricJohnson @colliergov.net) To: gjyarchitect@yahoo.com; Date: Thursday, August 27. 2015 8:59 AM I received your waiver requests. Thank:you. Mr. Yurk. II Were F c n contained h vcu'i pre','ious email intended to address staff s comments and serve as an Question f[tc PDFs a,Cli�t�.li�ty _ . official resubmit-tar Eric Johnson Principal Planner From:Gerald Yttrk [mailto:gjyarchitect@yahoo.cam] Sent:Wednesday,August 26,2015 10:49 AM To:JohnsonEric Subject:Requests to Waive Variance App Requirements Hello Mr. Johnson, My architecture firm has recently submitted a Variance Petition Application to the Collier County Growth Management Department We have received an Insufficiency Letter with correction comments back from them. In those comments they have asked that we email you and request that a few requirements be waived for our situation.The comments are as follows. Correction Comment t2:, Email Eric Johnson at requesting if it is possible to waive the requirement to provide aerial photographs(taken with in the previous 12 months at a minimum stoic of inch—200 feet showing FLUCCS Codes, legend,and project boundary. We respectfully request that you please waive the requirement to provide the aerial photographs for this petition. Correction Comment 13: Email Eric Johnson at erit'itiititlttlliMiliei requesting if it is possible to waive the requirement to a historical survey. We also request that you please waive the requirement to provide a historical survey for this petition I am attaching the Insufficiency Letter and our initial application and documents that we submitted. Not yet on these documents is the petition number which is,PL20150001635. Also we must correct the Folio/Parcel number to be 27630440000. Please let me know if there is anything I can provide to help you make the decision on the waivers. • Thank you, Gerry Yurk 1, ttttps;//us-mg5.m ail.yanoacom tn /neoilacti?.rand`aa6cAto73s970#8280030368 ?.• . 7.,•c 1 1 1 i 7;.t:.1'I I ig . •: 1 I :•, I—b.-47 3 • 3 i, 11 1 1 JO '' = r• 5'SS> 3 41 i V, 2 c i ,,„ .• • ,,,,, =• •g, i '' 1.1 41 ",'" . , .., ',..; .:,. (kJ-- ai -(? 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' 1 -.. -. Imelmallosommommilsommpollimassil -:'..*- .---. -'-- - '.'•• ' . =. --.. - - impuliimmoi.,_,..."...mmai. m i :: - .. .- • - : , - - , i_mmi mk-mu-mi si mi, Im'm II m• Entity#:4332358 Date Filed:02/18/2015 Pedro A.Cortes Acting Secretary of the Commonwealth • M.BURR KEIM COMPANY COUNTER PICK-UP CERTIFICATE OF ORGANIZATION-DOMESTIC LIMITED LIABILITY COMPANY DSCB:15-8913(Rev 95) In compliance with the requirements of 15 Pa.C.S.§8913(relating to certificate of organization),the undersigned,desiring . to organize a limited liability company,hereby state(s)that 1. The name of the limited liability company is: EVANSB[JRG PROPERTIES LLC 2. The address of this limited liability company's initial registered office in this Commonwealth is: 862 Appaloosa Drive Collegeville, PA 19426 County of Montgomery • 3 . The name and address of the organizer is: R. W. Worthington, Jr. 2021 Arch Street Philadelphia, PA 19103 4. A member's interest in the company is to be evidenced by a certificate of membership interest. 5. The duration of the limited liability company's existence shall be perpetual. Date: February 17, 2015 R. W. Worthington, Jr. PA DEPT. OF STATE FEB I8Z015 Commonwealth of Pennsylvania CERTIFICATE OF ORGANIZATION 2 Page(s) I�lINllhhhIllhIIIiIIIIll!llifiJJII1hIIiIJ!IIlllh#IhUIIflJ • X31 • TIFiC=.i c :•:o. I --loos-- t EV SP - , PROPERTIES LLC ORGANIZED UNDER THE LAWS Or THE COMMONWEALTH OF PENNSYLVANIA Limited Liability Company Interest YHISCERTIPIF,STHAT Sandra L. Week?ev tstheow/ter of --One Hundred_.Percent-- -...-Limited Liability Company Interest • to EVANSBURG PROPERTIES LLC,a Pennsylvania Limited Liability Company,which has been formed under the cermsandconditionsofthCPennsyl vaniaLimitedLi3bilityCompsnvAct. This Certificate,orthe interestit represents, may not be negotiated.:old.transferred assigned,hypothecated.pledged.encumbered or otherwise disposed ofin any manner whatsoever except in compliance with all applicable securities laws. In addition, the Interest is subject to substantial restrictions upon transfer under the Limited Liability Company Operating Agreement and may not be transferred except as provided therein. The Limited Liability Company Interest is transferable only on the books of the limited Liability Company. IN WITNESS WHEREOF, the Limited Liability Company has caused this certificate to be signed by an Authorized person this 18th _ ___.day of February 701s BL': AUTHORIZED SIGNATURE.._.--- 4110 ?C 4 If► 0 0 L w N I .0 M 7 C CD 0 C > a 0 I-1 f0 U +' •ri •r)U)-F L0•r1C0 CC• .00)M 0 ►l! 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Please CP P49 correct any errors in your name or address. Your Telephone Number Best Time to Call EMPLOYERTIDENTIFICATION3NUMBER15 47-3274418 ( - FORM: SS-4 NOBOD SANDRA EVANSBURG INTERNAL REVENUE 459VI-E 862 APPALOOSA CT COLLEGEVILLE PA 19426 c=NCINNATI OH 45999-0023 00J, i { iiiioilitilidr • F y . . w S pyl�'e ` , , , a II; fi ;gj911 H. - : 2 - s ii 1 I ass I ! hi �yyg �j!• !91 I 1 l I F�s�B3� F 8 g P P $§�y�� s�# pg ��• ;�: a� ��as�y�� }�@ ��'� a g�� ~ �Ili` � � ? lidtha 9 9 9 $ 8 'a dig Mild nil gill:a al 3 4l!49 52 g'di!i!_! n 3 1 GI aaaoaaaa1 a o DOET C3 DDDDOE OCIMCIDOCIO a o DD E3 i 1 P. JIIUL1 IliTAMISIEVIS.ON mm INC s z r w N i g / K ee�e=MMMM.� , - • • © ■ M I F R. • tea. �` . .r , _ .II k F b __. ___.. 1 ,..----- a ,e,. © z .4 Ai ! 1 'r o• ,i\ice 0 .....,,k us.a.e.s..,asa..krw 1111111111 s L §l 1st Li \ 14 k It COLLIER COUNTY Growth Management Department August 18,2015 GERALD YUR-ARCHITECT 13986 BALD CYPRESS CIR FORT MYERS, FL 33907 EMAIL-g yarchitect @yahoo.com RE: Variance PL20150001635 332 Connors Ave Dear Applicant: The following comments are provided to you regarding the above referenced project. If you have questions,please contact the appropriate staff member who conducted the review. The project will retain a"HOLD"status until all comments are satisfied. The followine comments need to be addressed as noted: • Rejected Review: Graphics-GIS Review Reviewed By: Mariam Ocheltree Email: MariamOcheltree@colliergov.net Phone#: (239)252-2315 Correction Comment 1: Page 2 of the application is not complete. Add Conner's Vanderbilt Beach Estates and Unit 3 for the Subdivision and Unit. Correction Comment 2: Correct the folio number to 27630440000. Rejected Review: Zoning Review Reviewed By: Eric Johnson Email: EricJohnson(a)colliergov.net Phone#: (239)252-2931 Correction Comment 1: Provide an electronic copy of all documents. Correction Comment 2: Revise the Affidavit of Authorization to indicate Petition Number PL20150001635. Correction Comment 3: On the application, indicate the subdivision name for the subject parcel. Correction Comment 4: • On the application,indicate the total acreage for the subject parcel. Correction Comment 5: In the Adjacent Zoning and Land Use Table on page 2 of 6 of the application,indicate Vanderbilt Lagoon within the land use portion of the property to the south and eliminate"single-family residence." With respect to the adjacent land use to the north,please include right-of-way for Conners Avenue. Correction Comment 6: As a cross-section(of an elevation drawing),please graphically show and dimension the distance the encroachment would be from the front property line. Please include the steps(and height of steps)as well as the exterior wall of house. Correction Comment 7: In the narrative, indicate the date the property was purchased. Correction Comment 8: In the narrative,indicate the date the existing principal structure was built(including building permit numbers,if possible). Correction Comment 9: In the narrative, indicate how the existing encroachment came to be. • Correction Comment 10: The administrative code requires you to submit a project narrative providing a detailed description/explanation of the variance,why it is requested,and the relevant criteria in LDC Section 9.04.03. Please copy/paste the below criteria for variances into your narrative and provide a response to each: There are special conditions and circumstances existing which are peculiar to the location, size,and characteristics of the land,structure,or building involved. There are 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. A literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. The variance,if granted,will 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. Granting the variance requested will not confer on the petitioner any special privilege that is denied by these zoning regulations to other lands,buildings,or structures in the same zoning district. Granting the variance will be in harmony with the intent and purpose of the LDC,and not be injurious to the neighborhood,or otherwise detrimental to the public welfare. • There are natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation,such as natural preserves,lakes,golf course,etc. Granting the variance will be consistent with the Growth Management Plan(GMP). Correction Comment 11: Provide a better 8.5"by 11"graphic location map of the site. Correction Comment 12: Email Eric Johnson at ericjohnson @colliergov.net requesting if it is possible to waive the requirement to provide aerial photographs(taken with in the previous 12 months at a minimum scale of 1 inch=200 feet showing FLUCCS Codes,legend,and project boundary. Correction Comment 13: Email Eric Johnson at ericjohnson @colliergov.net requesting if it is possible to waive the requirement to a historical survey. Rejected Review:County Attorney Review Reviewed By: Scott A. Stone Email: EricJohnson @colliergov.net Phone#: (239)252-2931 Correction Comment 1: Provide evidence that Evansburg Properties,LLC is a legal and active entity authorized to do • business in Florida,and that Sandra Weekley has authority to act on behalf of the owner. Correction Comment 2: On the Petition,change the"Applicant"to Evansburg Properties,LLC,as that is the name on the Affidavit of Authorization. Correction Comment 3: Provide a clear and detailed response to each criteria listed under#3 in the"Nature of Petition" section of the petition. Correction Comment 4: Please clearly indicate what structure(s)will encroach into the front yard setback,and the measurement of each encroachment.Your narrative is a bit confusion—is this variance just for the proposed stairs? Correction Comment 5: Please explain why your site plan show a 3-foot"Allowed Encroachment"? Correction Comment 6: Please explain why this request is only for a 4-foot variance request if the edge of the stairs actually encroaches 7 feet into the 30-foot front yard setback? Correction Comment 7: Provide an 8'/2"x 11"copy of the site plan. • Rejected Review:Addressing-GIS Review • Reviewed By: Annis Moaam Email: annismoxam @colliergov.net Phone#: (239)252-5519 Correction Comment 1: Please submit an approved checklist and please correct the Parcel ID/Folio number to 27630440000. When addressing review comments,please provide a cover letter outlining your response to each comment. Include a response to completed reviews with stipulations. If you have any questions,please contact me at(239)252-2931. Sincerely, n Gl !-/ < r ' 1.// Eric Johnson,AICP,CFM,LEED Green Associate Principal Planner Growth Management Department • • Colt County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: Variance Chapter 3 J.of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW #OF COPIES REQUIRED NOT REQUIRED Completed Application(download current form from County website) Pre-Application Meeting Notes 1 Project Narrative 0 © ❑ Completed Addressing Checklist 1 Conceptual Site Plan 24"x 36"and one 834"x 11"copy 0 17 Survey of property showing the encroachment(measured In feet) 2 Affidavit 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 ❑ induded on aerial Historical Survey or waiver request 1 ❑ 0 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 © 0 materials to be submitted electronically in PDF format ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. • 6/4/2014 Page 5 of 6 1l • Co er County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252,6358 Planners:Indicate if the petition needs to be routed to the following reviewers: ❑ Bayshore/Gateway Triangle Redevelopment ❑ Environmental Review See Pre-Application Executive Director _Meeting Sign-In Sheet Addressing:Annis Moxam � Graphics:Mariam Ocheltree ❑ aty of Naples:Robin Singer,Planning Director ❑ Historical Review Comprehensive Planning:See Pre-Application "1 Meeting Sign-In Sheet ❑ lmmoicalee Water/Sewer District ❑ Conservancy of SWFL:Nichole Ryan Parks and Recreation:Vicky Ahmad County Attorney's Office:Heidi Ashton-Cicko [ Transportation Pathways:Stacey Revay ❑ Emergency Management Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlock Engineering:Alison Bradford . 0 Transportation Planning:John Podczerwinsky ❑ Other. ❑ Utilities Engineering: Kris Van Lengen 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 le 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 O Listed Species Survey Of 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 Applicant Signature Date Printed Name • 6/4/2014 Page 6 of 6 ' -i poll i III i S 1 i p=in; ZOO=740, 000-0 7-00-4 0.440 1-44-0 e-0--w Ft.« 040.10 10-04 tia-n 04111-•07-04 S-111-01 03-141-1410-0 0-0-0 171 --�0-0 ws 7-10-01 0-14-14 0-44a 0 10-11.0 7-0-11 0-10 n 147•0 00-10-1 0-0 n a-M 07-07-4 OYai u -n n 0.0-10 0-41 / 1. -A40 0•477 10-0 10 I-0.0 V6 0-1t0� }M 0.01-x 0-0 la 1 0d • 0.010 44-11 w 7-11-0 t-C-.w-S1 0-m. 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Evansburg Properties, LLC 862 Appaloosa Ct Collegeville,PA 19426 November 16,2015 Mr. Bert Pohlmann 501 Goodlette N#D100 Naples, FL 34102 Dear Mr. Pohlmann: We wanted to let you know that we have made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: 332 Conners Ave, Naples, FL, a single family dwelling in the Vanderbilt Beach area, located in close proximity(150 ft)of your residence. it is our intent to ask Collier County to allow us to: To request a variance from Section 4.02.01.A, Table 2.1 of The Land Development Regulations to replace and enlarge the stairway in the front of the house so that it would extend seven (7) feet into the required 30 foot front yard setback. This will allow a less steep and safer stair design to the ground level. In order to provide you an opportunity to become fully aware of our intention, we will be contacting you directly within the next few days or you may choose to telephone the sender for further information. In any event, please be advised that we are interested• in assuring you that our request will not adversely affect your property interest. Sincerely, Sandra &John Weekley 862 Appaloosa Ct Collegeville, PA 19426 (610)454-9325 • Evansburg Properties,LLC 862 Appaloosa Ct Collegeville,PA 19426 November 16, 2015 348 Conners LLC PO Box 8325 Naples, FL 34101 We wanted to let you know that we have made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: 332 Conners Ave, Naples, FL, a single family dwelling in the Vanderbilt Beach area, located in close proximity (150 ft) of your residence. It is our intent to ask Collier County to allow us to: • To request a variance from Section 4.02.01.A, Table 2.1 of The Land Development Regulations to replace and enlarge the stairway in the front of the house so that it would extend seven (7) feet into the required 30 foot front yard setback. This will allow a less steep and safer stair design to the ground level. In order to provide you an opportunity to become fully aware of our intention, we will be contacting you directly within the next few days or you may choose to telephone the sender for further information. In any event, please be advised that we are interested in assuring you that our request will not adversely affect your property interest. Sincerely, Sandra &John Weekley 862 Appaloosa Ct Collegeville, PA 19426 • (610)454-9325 Evansburg Properties, LLC 862 Appaloosa Ct Collegeville, PA 19426 November 16,2015 George Faucher 311 Conners Avenue Naples, FL 34108 Dear Mr. Faucher: We wanted to let you know that we have made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: 332 Conners Ave, Naples, FL, a single family dwelling in the Vanderbilt Beach area, located in close proximity(150 ft) of your residence. It is our intent to ask Collier County to allow us to: To request a variance from Section 4.02.01.A,Table 2.1 of The Land Development Regulations to replace and enlarge the stairway in the front of the house so that it would extend seven (7) feet into the required 30 foot front yard setback. This will allow a less steep and safer stair design to the ground level. In order to provide you an opportunity to become fully aware of our intention, we will be contacting you directly within the next few days or you may choose to telephone the sender for further information. In any event, please be advised that we are interested in assuring you that our request will not adversely affect your property interest. Sincerely, Sandra&John Weekley 862 Appaloosa Ct Collegeville, PA 19426 • (610)454-9325 - I • Evansburg Properties, LLC 862 Appaloosa Ct Collegeville,PA 19426 November 16,2015 Lewis and Francis Vail 327 Conners Avenue Naples, FL 34108 Dear Mr. and Mrs. Vail: We wanted to let you know that we have made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: 332 Conners Ave, Naples, FL, a single family dwelling in the Vanderbilt Beach area, located in close proximity(150 ft) of your residence. It is our intent to ask Collier County to allow us to: • To request a variance from Section 4.02.01.A,Table 2.1 of The Land Development Regulations to replace and enlarge the stairway in the front of the house so that it would extend seven (7) feet into the required 30 foot front yard setback. This will allow a less steep and safer stair design to the ground level. In order to provide you an opportunity to become fully aware of our intention, we will be contacting you directly within the next few days or you may choose to telephone the sender for further information. In any event, please be advised that we are interested in assuring you that our request will not adversely affect your property interest. Sincerely, Sandra &John Weekley 862 Appaloosa Ct Collegeville, PA 19426 (610)454-9325 i • • . Evansburg Properties, LLC 862 Appaloosa Ct Collegeville,PA 19426 • November 16,2015 • Pamela Marsal 343 Conners Avenue Naples, FL 34108 Dear Ms. Marsal: We wanted to let you know that we have made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: 332 Conners Ave, Naples, FL, a single family dwelling in the Vanderbilt Beach area, located in close proximity(150 ft) of your residence. 111 It is our intent to ask Collier County to allow us to: To request a variance from Section 4.02.01.A, Table 2.1 of The Land Development Regulations to replace and enlarge the stairway in the front of the house so that it would extend seven (7) feet into the required 30 foot front yard setback. This will'allow a less steep and safer stair design to the ground level. In order to provide you an opportunity to become fully aware of our intention, • we will be contacting you directly within the next few days or you may choose to telephone the sender for further information. In any event, please be advised that we are interested in assuring you that our request will not adversely affect your property interest. Sincerely, 0--&nt Sandra&John Weekley 862 Appaloosa Ct Collegeville, PA 19426 • (610)454-9325 • • Evansburg Properties, LLC 862 Appaloosa Ct Collegeville, PA 19426 November 16, 2015 Vincent and Patricia Greene 364 Conners Avenue Naples, FL 34108 Dear Mr. and Mrs.Greene: We wanted to let you know that we have made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: 332 Conners Ave, Naples, FL, a single family dwelling in the Vanderbilt Beach area, located in close proximity(150 ft) of your residence. It is our intent to ask Collier County to allow us to: • • To request a variance from Section 4.02.01.A, Table 2.1 of The Land Development Regulations to replace and enlarge the stairway in the front of the house so that it would extend seven (7) feet into the required 30 foot front yard setback. This will allow a less steep and safer stair design to the ground level. In order to provide you an opportunity to become fully aware of our intention, we will be contacting you directly within the next few days or you may choose to telephone the sender for further information. In any event, please be advised that we are interested in assuring you that our request will not adversely affect your property interest. Sincerely, Sandra&John Weekley 862 Appaloosa Ct Collegeville, PA 19426 • (610)454-9325 • , Evansburg Properties, LLC 862 Appaloosa Ct Collegeville, PA 19426 November 16, 2015 Mr. and Mrs. Robert Kisch 274 Conners Avenue Naples, FL 34108 Dear Mr. and Mrs. Kisch: We wanted to let you know that we have made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: 332 Conners Ave, Naples, FL, a single family dwelling in the Vanderbilt Beach area, located in close proximity(150 ft)of your residence. It is our intent to ask Collier County to allow us to: To request a variance from Section 4.02.01.A, Table 2.1 of The Land Development Regulations to replace and enlarge the stairway in the front of the house so that it would extend seven (7) feet into the required 30 foot front yard setback. This will allow a less steep and safer stair design to the ground level. In order to provide you an opportunity to become fully aware of our intention, we will be contacting you directly within the next few days or you may choose to telephone the sender for further information. In any event, please be advised that we are interested in assuring you that our request will not adversely affect your property interest. Sincerely, Sandra&John Weekley ((ff 862 Appaloosa Ct Collegeville, PA 19426 • (610)454-9325 7. • Evansburg Properties, LLC 862 Appaloosa Ct Collegeville, PA 1.9426 November 16, 2015 Mr. Steven Hoberg Ms.Sandra Johnson 281 Conners Avenue Naples,FL 34108 Dear Mr. Hoberg and Ms.Johnson: We wanted to let you know that we have made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: 332 Conners Ave, Naples, FL, a single family dwelling in the Vanderbilt Beach area, located in close proximity(150 ft) of your residence. • It is our intent to ask Collier County to allow us to: To request a variance from Section 4.02.01.A, Table 2.1 of The Land Development Regulations to replace and enlarge the stairway in the front of the house so that it would extend seven (7) feet into the required 30 foot front yard setback. This will allow a less steep and safer stair design to the ground level. In order to provide you an opportunity to become fully aware of our intention, we will be contacting you directly within the next few days or you may choose to telephone the sender for further information. In any event; please be advised that we are interested in assuring you that our request will not adversely affect your property interest. Sinc rely, Sandra &John Weekley 862 Appaloosa Ct Collegeville,PA 19426 • (610)454-9325 • • Evansburg Properties, LLC 862 Appaloosa Ct Collegeville, PA 19426 November 16,2015 Ms. Gail Minnerman 650 Country Club Drive Battle Creek, MI 49015 Dear Ms. Minnerman: We wanted to let you know that we have made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: 332 Conners Ave, Naples, FL, a single family dwelling in the Vanderbilt Beach area, located in close proximity(150 ft) of your residence. • It is our intent to ask Collier County to allow us to: To request a variance from Section 4.02.01.A, Table 2.1 of The Land Development Regulations to replace and enlarge the stairway in the front of the house so that it would extend seven (7) feet into the required 30 foot front yard setback. This will allow a less steep and safer stair design to the ground level. In order to provide you an opportunity to become fully aware of our intention, we will be contacting you directly within the next few days or you may choose to telephone the sender for further information. In any event, please be advised that we are interested in assuring you that our request will not adversely affect your property interest. Sincerely, Sandra&John Weekley 862 Appaloosa Ct Collegeville, PA 19426 • (610)454-9325 �,rthl JcT t(STICE ' `PUBLIC NOTIT =�" �a. A Gzi eititr ' ■ OTICE OF��PUBLIC'HEAFL•NCG° v • • Notice is hereby given that a public hearing will be held by the Collier County H!��"__� ` Examiner (HEX) at 9:0o A.M., on Thursday December 10,2015,:in the He Examiner's Meeting Room,at 2800 NofthrHorseshoe Drive,Room 609/610,N lee x•. ' FL 34104 to consider•.. - �, .- ' F.. Leo PETITION NO VA-P120150001635 Evansburg Properties,LI;C requests a uarlance' . from Section 4.02.01 A;Table 21;of the Land;Development Code to;a iuce the front yard principal structure setback line fi+orrf 30 efeet to`2a feet.in order to replace and.= enlarge the existing stairway.to the front entrenbe of the dwelling unit on property:, within the Residential Single-Family-3(RSi=3)zoning district,located on Lot 11.,Block-, R, Conners Vanderbilt.Beach Estates:'=ln t;ib 3, also•described as%332 Conner's Avenue,in Section 29,Township 48 South,Range 25:East,Coluier�C&anty;Florida, . _ . •� 0: . cocowiios :nr - & 1p eicr 21 .4 F f X 0 AC <4 .s r PROJECT i'mm•" i LOCATION „N,. b •. CW I • ,.. � ` FSiA7FS.. ' PAIK Y _ 1 ID f Alt interested parties are invited to appear.and be heard All materials used 111.:'- . 1 presentation before the Hearing Examiner will become a permanent part of the record <_ ,: mot • Copies of staff =� ° P report are available one week Prior tothe heanng�The file can be 1 . reviewed at the Collier.County Growth Management Department, Zoning Division, • Zoning Services Section,21,300 North Horseshoe Drive,Naples•,F'L,`Y ` - The Hearing:Examiner's decisidn.becomesfirial on the--date rendered If,a.person' 'decides to"'appeal any decision:made by tthe`Collier County Hearing Examiner with. respect to any.matter considered at such meeting or hearing,he will need a record of r_ 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 area person with a disability who needs any,accrommodati in order. 4 participate in this proceeding,�you are entitled',at no cost to you;:to therovision t5f certain assistance. Please contact the Collier.County.Facilities Management Division - located at 3335 Tamiami Trail East,Suite 101;Naples;Florida 34112-5356,(219)252:, 8380,at least two days prior to the meeting:- >. ; • f Mark Strain, - -.. Chief Hearing Examiner . Collier County,Florida • No.800255 November 20 2012 S. C • Page lof1 Collier County Property Appraiser • Property Summary Parcel No.i 27630440000 � Site Adr.;332 CONNERS AVE • Name/Address !EVANSBURG PROPERTIES LLC _ 862 APPALOOSA COURT City I COLLEGEVILLE i Stata!PA' Zip 19426 ,7— Map No. Strap No. Section I Township ' Range 1 Acres *Estimated 3A29 1 234100 R 113A29 29 48 25 I 0.22 i Legal CONNER'S VANDERBILT BCH EST UNIT 3 BLK R LOT 11 `_Miilage Area 0:154 Millage Rates O *Calculations • Sub./Condo!234100-CONNERS VANDERBILT BCH EST#3 School I Other Total I Use Code 0 f 1_ I SINGLE FAMILY RESIDENTIAL 1 558 6.1776 I 11.7576 • L. Latest Sales History 2014 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date ' Book-Page ' Amount I ! Land Value $500,480 03/24/15 i 5132-2405 $1,570,000 ! �+) Improved Value $476,964. 05/10/05 3794-3454 1 $1,600,000 1 `—_ 05/10/05 3794-3453 1 $0 1 '!- Market Value i $977,444 j 02/03/89 ' 1414-910 ' $144,000 1 I (-) Assessed Value i $977 444 07/01/88 1368-729 I –— ,- 4 t- $87,000 ! r (°) School Taxable Value ; $977,4441 105/01/85 • 1137-974 $73,000 j ) Taxable Value $977,444 I ' 04/01/68 269-24 $0 I If all Values shown above equal 0 this parcel was created after the Final Tax Roll • httD:/IWWW.collieranoraiser.com/Main Search/RecordDetail-html?FnlinT 7761au0(N1f 7/71/7n15 SKETCH OF BOUNDARY SURVEY SURVEY .A111111S PlopafbrAddrsar Ce81Tsd To: 3sz Comas Avenue E►. .E1 tae.LL.[„San as awwy.Jahn fa lr32Co Ft sAve Motley;Dun,Ma Carom WagonrLand Tlai I.ut Company Leos!Derab/bnAaRimIs Lad: U411,91°4 R COMERS VANDEFUMT BEAG7f M1TA7ES LEJMTAb.a iamb b the plat Mentolat waded In Pia!hydra Pipe(e)814 area Pule;Raw*of Collier County,Fb/1Aa. 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I I r IRVINE) IIICIC ..._ //1" . c—,--- :."'" =min -H Nam,moms i■ Cr ta '1r 4 1 1111111111 Ic". 1 ,, z, <:, , • ...,war; • I ca..) /....„ -........ ....... ... ..- CZ 6 I 1 ■ t., g 4 t 'fili C.) :... 1 .2,I, I E I FE te 3 gi, ;',4 2 °' lk i (...) z 8 2 I A, h R LI F.?idai 0 z t k 'ILI M / 11110..., I 1 32 11' I 1 — / bl ' I El, r,9 410 CO IV 00.'14'40'W 1211. • Z N 00•1730'W 121.1 14 Lti 19. 02 2 ....' 1 N et • AGENDA ITEM 4-E Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION—ZONING SERVICES SECTION DATE: DECEMBER 10, 2015 SUBJECT: CU-PL20140001610, GRACE PLACE FOR CHILDREN AND FAMILIES OWNER/APPLICANT/AGENTS: Owner/Applicant: Grace Place for Children and Families. Inc. 4300 21" Avenue SW Naples, FL 34116 Agents: Laura DeJohn, AICP James Carr. P.E. Richard D. Yovanovich, Esquire Johnson Engineering. Inc. Agnoli, Barber& Brundage. Inc. Coleman, Yovanovich, Koester 2350 Stanford Court 7400 Tamiami Trail North 4001 Tamiami Trail North. Suite 300 Naples, FL 34112 Naples, FL 34108 Naples. FL 34103 REQUESTED ACTION: To have the Collier County Hearing Examiner(HEX)consider an application for Conditional Use number 3 of the Residential Single Family (RSF-3) zoning district as provided for in Section 2.03.02.A.1.c. of the Collier County Land Development Code (LDC), to allow a private school on the subject site. GEOGRAPHIC LOCATION: The subject 4.29± acre property is located on a portion of Block 30, Golden Gate Unit 2. It lies west of Collier Boulevard and north of Golden Gate Parkway. It abuts rights-of-way on the west (21'Avenue SW and 43rd Terrace SW).north(21'Avenue SW),and east(42nd St SW).The parcel lies in Section 22, Township 49 South, Range 26 Fast, Collier County. Florida. PURPOSE/DESCRIPTION OF PROJECT: The petitioner requests Conditional Use (CU) approval to allow for an expansion of an existing private school in the RSF-3 zoning district. The original CU was approved in 2010 (Resolution 10-141). The applicant would like to increase the student body from 164 to a maximum of 258. The subject site is currently partially developed. The applicant proposes to increase the number and overall size of the proposed buildings,and modify the site and location of parking areas,access driveways, and water management areas. CtJ-PL20140001610.Grace Place for Children and Families Page 1 of 9 December 10,2015 i _- M TfMxTw1l.9 - .' . E., ./ 't3, *. t (il 01 iy0 o 0 0 /4 a !!„, gi MTE.$TAIF T! _. _ _ .W to g^AgAAA IxA.rvANtI• L, N E■ 1.1' .� ryAM1AT0. 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NB ciumi iIIPI©i 171IPAAPPIPPI � seMPASI I SW LANAI � +� ��is > Ii Iiii ©lilliiiI®N0 10119®�►r �► 1 WilV4 a� x ©,51111 .Ts,TE..A«.. .. ,��SS , ��s©!! !!I Licmcis f . .1.1.1:1-1. .� aaaesdeeer5 �' a -c„w M® i1IIIII1©�illi� !©11©��+ = .�®9p�-vwIfglwlio ill _ _ _ a1Ts,.u,s. -,, M = 0 seas m� iiIIIPP asd EM x e� ?eee11ees 1 11111111®®s MI =i IIIIIU11�1r1 ` 51� �®11fiNN 111i11®11111� ,1'1 , WM TEIWAC4$R � 1111 _ Mr:a il:EI a H I I . . . . 6IMMO C _ I °IIIi ' ® jill iiii ii ail i I COWER 9OULEVARO (C.R. 951) -- - -- - i SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: The site is currently developed with a private school: zoned Residential Single Family (RSF-3) — the site also falls within a Welllield Protection Area(ST/W-3) SURROUNDING: North: 21"Avenue SW.across which are single family homes: zoned RSF- 3, ST/W-3 East: 42nd Street SW. across which are single family homes: zoned RSF- 3, ST/W-3 South: Multifamily and townhouse development: zoned RMF-12. ST/W-3 West: 21'Avenue SW,across which are single family homes:zoned RSF- 3, ST/W-3 ‘ , I HI q It. ,.p # X21 Ale•5.V `I e � 's.. go ' iiiry . .,. 1 t 40, , ... . 1• ' 1 R. +� , 4104/w,,,,,,mot: ., ...r 400, ,. ;: _,r .. - Stub• c 1 �', 4,21. 2 . ~- , _ -.Pe/ �'. 4 •�" ral c_ ice 4111 _ t. " A G A i 1 t .fir *;'` -a. ' {l i E� . / i , r __ --7 . " li " ' ' : ,,,..,, 3 4 -1., AN__ ik ' - 44‘.' - ,44. _ - ---.-,, . , _ -1 ;_ it .., _ t 1 wirripiii s _ ,,,a ii RV Aerial CU-PL20140001610. Grace Place for Children and Families Page 3 of 9 December 10,2015 4 • View to the east from 21"Avenue SW i Art- = . � � a • emoirRal 1•11 1 View to the south from 21"Avenue SW mss•:,.� ar . 7 s _ _yam asiseinLiiiminiPor View to the west from 42"d Street SW CU-PL20140001610,Grace Place for Children and Families Page 4 of 9 December 10 2015 { View to the northwest from the southeast property corner GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element(FLUE): The subject property is identified on the Golden Gate Area Master Plan Future Land Use Map(GGAMP/FLUM)within the Urban Mixed Use District,Urban Residential Subdistrict, and is currently zoned RSF-3. The Urban Mixed Use District is intended to accommodate a variety of residential and non-residential land uses, including Community Facilities such as churches and (private) schools. On January 9, 1968 a provisional use was approved for the subject property under Petition R-175- C, to allow for a Church within the RSF-3 zoning district. As long as the church has been in existence,the church use is still considered an allowable use. A petition was submitted for a conditional use to include school uses that have taken place since June 2004,and including approved additional uses, such as child care and adult care centers, after school tutoring programs, summer day camp and adult English Speakers of Other Languages (ESOL) classes that requires a Conditional Use, as provided for in the currently zoned RSF-3 zoning district. The uses were approved under CU-PL20100000227 on February 12, 2010, by Resolution No. 2010-141. In March 2013, a Site Development Plan (SDP) was submitted under PL20130000513, to accommodate the changes made. The site plan provided for buildings in excess of the approved 7,200 square feet under the conditional use. The SDP expanded the square footage to include an additional four(4)buildings,including proposed infrastructure(i.e.water management areas,trash enclosures, sidewalks, signage and including a basketball court). The SDP being reviewed and approved for the changes being made triggered the applicant to seek to amend the approved conditional use "Conceptual Site Plan", to bring it into compliance with the SDP. CU-PL20140001610,Grace Place for Children and Families Page 5 of 9 December 10,2015 The approved changes do not pertain to the conditional uses criteria within the Golden Gate Area Master Plan of the Growth Management Plan. Based on the above analysis,staff finds the above to be consistent with the Golden Gate Area Master Plan of the Growth Management Plan. Transportation Element: The project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan,which states, "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links(roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3%of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " The proposed development will generate a projected +/- 116 AM peak hour and+/- 39 PM,peak direction trips on the adjacent local roadway, 21' Avenue Southwest., Additionally the TIS indicates the development will generate a projected +/-2 PM, additional peak directional trips on the immediately adjacent link,Golden Gate Parkway,based on a highest/greatest equivalent school use. Golden Gate Parkway is a four-lane divided facility and has a current service volume of 1,800 trips,with a remaining capacity of approximately 267 trips between Santa Barbara Boulevard and Collier Boulevard(S.R. 951);and is currently at LOS "D"as shown in the 2014 AUIR. Staff also evaluated the LOS for this road segment based on the recently adopted 2015 AUIR which indicates the same service volume of 1,800 trips, remaining capacity of 277 and the same LOC "D". Therefore, staff finds that the proposed project does not significantly impact adjacent roadway links, there is sufficient capacity to accommodate this Conditional Use within the 5-year transportation planning period and the petition is consistent with the applicable policies of the transportation element. Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the CCME. CU-PL20140001610,Grace Place for Children and Families Page 6 of 9 December 10,2015 ANALYSIS: Section 2.03.02.A.1.c of the LDC permits conditional uses in the Residential (including RSF-3) zoning districts. The requested use for a private school is permitted as a conditional use in the RSF-3 zoning district, subject to the standards and procedures established in section 10.08.00, Conditional Use Procedures, of the LDC. When considering a Conditional Use petition, the HEX must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest and will not adversely affect other properties or uses in the same district or neighborhood; and 2) all specific requirements for the individual Conditional Use will be met; and 3)satisfactory provisions have been made concerning the following matters,where applicable: 1. Consistency with the LDC and the GMP. As detailed above, this petition is consistent with the GMP. It is also consistent with the conditional use criteria in the LDC. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. As depicted on the Conceptual Site Plan, the vehicular ingress and egress to the site will be provided through three access points. One will align with Sunset Road; another will be farther north along 21'Avenue SW;and a third will be near the southeast property corner, along 42" Street SW. The minimum parking requirement for an elementary or middle school is five spaces per four faculty/staff members. This will be reviewed at the time of SDP submittal. Fire Review has no objection to the proposed school,and will review the SDP upon submittal to ensure compliance with applicable fire codes. 3.The affect the Conditional Use would have on neighboring properties in relation to noise, glare,economic or odor effects. The existing school should have minimal impact on neighboring properties in relation to glare, economic or noise effects beyond what exists today. An Administrative Variance to eliminate the wall requirement along the south property line adjacent to the multifamily neighborhood (RMF-12) was approved subject to planting an enhanced Type"B"buffer. 4. Compatibility with adjacent properties and other property in the district. As previously noted,the school will be buffered by landscaping. Since the school is currently in operation, Staff believes that compatibility will be maintained with the expansion. Environmental Review: Environmental Planning staff has reviewed the petition to address environmental concerns. This project does not require an Environmental Advisory Council(EAC) review since this project did not meet the EAC scope of land development project reviews as CU-PL20140001610,Grace Place for Children and Families Page 7 of 9 December 10,2015 n in - identified 1 , Section 2 1193 of the Collier County Codes of Laws and Ordinances. No listed species were identified on site. NEIGHBORHOOD INFORMATION MEETING(NIM): A NIM was held at Grace Place on September 9, 2015. No members of the public attended. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed this staff report on November 13,2015. RECOMMENDATION: Staff recommends that the HEX approve Petition CU-PL20140001610 subject to the following condition: 1) Student capacity is limited to a maximum of 258 students. Attachments: 1. Conceptual Site Plan 2. Application and support documents CU-PL20140001610,Grace Place for Children and Families Page 8 of 9 December 10,2015 PREPARED BY: �-� //- 1.3 -lam FR 4,4t6-`-CHL, AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: /AL lI• /7 16 RAYM D V. BELLO' S,ZO . 1 +AGER DATE ZONING DIVISION ! I- Ig- r MICHAEL P. BOSI, AICP, DIRECTOR DATE ZONING DIVISION CU•P120140001610,Grace Place for Children and Families Page 9 of 9 December 10.2015 C.) x `, _i' g INS. ., S er :dip F6�� PO g46 S a q x iIi1A P t iii F • - :•'•i w 1 v fie` `t Z ' N H-° Nc e b III ,{ .'1i "a iai 1 w % PROPOSED s i �R i 1 4 i=1 N [I 8URDIN4 e6 S 1 't C n 1 j ;y$ m C i ' mlyi P- (i) I yy i Oin< ' D b `d { I 1 1 _ PROPOSED r. 1 ' A COURT I r_ N : 4111 V \ +1 il 0_, i ,,, ;,65,.. to q e ° C*n 1 ° z; mA r MI N . 3 PARKW4 AREA 1 : 1 . n 1 + 42NDSTREETSW. + '; UL�' pp m r y p g'I 6 6 2 ZA w �m'�n Ri C C a m Lk �� N f1 0 A C�°H R [1 DA r*1 Cm OA zO 2m m t.W4 m S@ > v %0 Qn m mm'D°gi °m ; �' ni Sri 2p 0o mm o I^ SF n A < F P Mr cig >4 y T C D) 6 '111 Qgc OF6$ 9A T '42c4 l;i 6 O t O °q C 1 O p mi L TM 'n C o�rhli m A $$5 z -h0i c 1 ! B. z s1 I-figmmn ci A 8g 6Ay flH c ° z z ° a 41s A m.- e m m ` m rAE y p mz vi ee r $' m r l "q q "� 11 S', .�j' C m'.�i y so? x ; ° S( C y> mnmm Q� I7 i�s �L 's A , n s T>I T m ,0 0 9C) 4 - 11-481-e 8 2D5 2 O F • A w ' w Q T g F Q 0 I�i ra m_; ° g �m;iYi oT-. 82 33 Page 1 of 1 L.umer %.,ourity rruperty mpprdiser Property Summary .. ...._. - Parcel No 35753480007 ! Site Adr. 4300 21ST AVE SW ---- -- - Name/Address ;GRACE PLACE FOR CHILDREN . AND FAMIUES LLC PO BOX 990531 _____, 1 _ City NAPLES , State FL , Zip 34116 -- Map No. Strap No. . Section Township ; Range ; Acres *Estimated 4B22 321400 30 24B22 22 . 49 : 26 1 4.29 ---- -- GOLDEN GATE UNIT 2 PART OF BLK 30,ALL LYING N OF U DESC, COMM AT S1/4 CNFt, Legal N 1433.36FT, E 1085 96FT, N 510 TO POB,W 761.91FT END OF U OR 251 PG 487 + OR 420 PG 279 4 ■ Millage Area 0 ,20 ; Millage Rates 0 *Calculations ..,, , Sub./Condo 321400 - GOLDEN GATE CITY UNIT 2 School ; Other i Total Use Code 0 72 - PRIVATE SCHOOLS AND COLLEGES 5.48 . 6.9732 ; 12.4532 Latest Sales History 2015 Certified Tax Roll 4111 (Not all Sales are listed due to Confidentiality) (Subject to Change) , * , Date . Book-Page , Amount , Land Value $ 214,500, 1 09/21/3.0 4607-2170 - $ 1,100,000_ , (+) _ ---- Improved Value $ 592,271; ■ 12/03/09 4536-3487 $----0 -- - - —— - - --- --- ----- ' (=) Market Value $ 806,771, (.) Assessed Value $ 806,771: (=) School Taxable Value $0 (=) Taxable Value $ 0` If all Values shown above equal 0 this parcel was created after the Final Tax Roll • III ttpl/www.collierappraisencom/main search/Recorddetail.html?Map=No&FolioNum=35... 11/3/2015 1 Detail by Entity Name Page 1 of 3 FLORIDA DEPARTMENT OF STATE DIVISION OF CORPORA rio S 5any/.,2: Detail by Entity Name Florida Not For Profit Corporation GRACE PLACE FOR CHILDREN AND FAMILIES, INC. Filing Information Document Number N04000006601 FEI/EIN Number 65-1229558 Date Filed 07/06/2004 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 10/04/2013 Event Effective Date NONE Principal Address 4300 21ST AVE SW • NAPLES, FL 34116 Mailing Address P.O. BOX 990531 NAPLES, FL 34116 Changed: 04/20/2005 Registered Agent Name &Address Tobiasz, David A 1070 S Collier Blvd Apt 406 Marco Island, FL 34145 Name Changed: 04/27/2015 Address Changed: 04/27/2015 Officer/Director Detail Name&Address Title Chairman Furek, Robert • P.O. BOX 990531 NAPLES, FL 34116 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?mq... 11/3/2015 Detail by Entity Name Page 2 of 3 • Title Director PLESSINGER, PHIL P.O. BOX 990531 NAPLES, FL 34116 Title Treasurer Russell, Stanley P.O. BOX 990531 NAPLES, FL 34116 Title Director HARE, TRISHA P.O. BOX 990531 NAPLES, FL 34116 Title VC Grandi, Donald P.O. BOX 990531 NAPLES, FL 34116 Title Secretary Meek, Juliana P.O. BOX 990531 NAPLES, FL 34116 Title COO Tobiasz, David A P.O. BOX 990531 NAPLES, FL 34116 Annual Reports Report Year Filed Date 2013 04/30/2013 2014 04/07/2014 2015 04/27/2015 Document Images 04/27/2015—ANNUAL REPORT View image in PDF format 04/07/2014—ANNUAL REPORT View image in PDF format 10/04/2013—Amendment View image in PDF format 04/30/2013—ANNUAL REPORT ( View image in PDF format 02/14/2012—ANNUAL REPORT I View image in PDF format http://search.sunbiz.org/Inquiry/CorporationS earch/S earchResultDetail?inq... 11/3/2015 Detail by Entity Name Page 3 of 3 03/17/2011 —ANNUAL REPORT View image in PDF format 01/24/2011 —Amendment View image in PDF format • 03/12/2010—ANNUAL REPORT I View image in PDF format 04/17/2009—ANNUAL REPORT View image in PDF format 07/08/2008—ANNUAL REPORT View image in PDF format 04/09/2007—ANNUAL REPORT View image in PDF format 10/19/2006—Amendment I View image in PDF format 06/28/2006—ANNUAL REPORT View image in PDF format 04/20/2005—ANNUAL REPORT View image in PDF format 07/06/2004— Domestic Non-Profit View image in PDF format copyright©and Privacy Policies State of Florida, Department of State • • http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 11/3/2015 II 7 T O 1 1 N S O SINCE 1946 oNGINEERING June 10, 2015 Mr. Fred Reischl,AICP Principal Planner Zoning Division 2800 N. Horseshoe Drive Naples, FL 34104 Re: Grace Place CUR(20140001610) Nominal Resubmission for conversion to CU Dear Mr.Reischl, After discussion with County Staff, it was determined that a processing change is necessary for the referenced project. The Grace Place project approved by Staff as a Conditional Use Re-Review application (CUR/ PL#20140001610)is now being relabeled as a Conditional Use(CU). No other changes are proposed to the project as submitted and processed. • Enclosed is Check #1093 for the difference in fees due for the Conditional Use of $3,250 payable to Collier County. Upon completion of your reviews concerning this conversion, we look forward to proceeding with the CU process,Neighborhood meeting and HEX hearing for this important and worthwhile project. Please contact me if you have any questions or want to discuss this further. Thank you for your time and assistance on this. Sincerely, JOHNSON ENGINEERING,INC. (L.i. c� Laura DeJohn,AICP Principal Planner Enclosed: Collier County Payment Slip&Check#1093 cc: Eric Johnson Jim Carr,PE(email) Rich Yovanovich(email) David Tobiasz(email) 2350 Stanford Court.Naples,Florida 34112 (239)434-0333.Fax(239)434-9320 CO eY COMA)/ COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE LDC Section 10.08.00&Code of Laws section 2-83—2-90 Chapter 3 C.1 of the Administrative Code PETITION NO(PL) PROJECT NAME To be completed by staff DATE PROCESSED El A CONDITIONAL USE TO BE HEARD BY THE PLANNING COMMISSION AND BOARD OF ZONING APPEALS ❑ A MINOR CONDITIONAL USE TO BE HEARD BY THE OFFICE OF THE HEARING EXAMINER APPLICANT CONTACT INFORMATION Name of Applicant(s): Grace Place for Children and Families, LLC Address: PO Box 990531 City: Naples State: FL ZIP: 34116 Telephone: 239-234-2407 Cell: Fax: • 239-206-8400 E-Mail Address: dave @graceplacenaples.org Name of Agent: Laura DeJohn, AICP Firm: Johnson Engineering, Inc Address: 2350 Stanford Court City: Naples State: FL ZIP: 34112 Telephone: 239-280-4331 Cell: Fax: 239-334-3661 E-Mail Address: Idejohn @johnsoneng.com See additional agents sheet attached, BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS.GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. • 9/25/2014 Page 1 of 13 Grace Place Conditional Use Additional Agents • Name of Agent:Jim Carr Firm:Agnoli, Barber&Brundage,Inc. Address:7400 Tamiami Trail North City:Naples State:FL ZIP:34108 Telephone:239-597-3111 x215 Cell: Fax:239-566-2203 E-Mail Address:jim.carr @abbinc.com Name of Agent:Rich Yovanovich Firm:Coleman,Yovanovich,Koester Address:4001 Tamiami Trail North, Suite 300 City:Naples State: FL ZIP:34103 Telephone:239-435-3535 Cell: Fax: 239-435-1218 E-Mail Address:ryovanovich @cyklavrm.com • 7/22/2015 Page 1 of 1 JOHNSON ENGINEERING CoLir County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DISCLOSURE OF INTEREST INFORMATON Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL,tenancy by the entirety,tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address %of Ownership NOT APPLICABLE b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: _ Name and Address %of Ownership GRACE PLACE FOR CHILDREN AND FAMILIES, INC. - • PO BOX 990531 NAPLES FL 34116 - NOTE: NON PROFIT NON STOCK CORPORATION - SEE ATTACHED LIST OF OFFICERS c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address %of Ownership NOT APPLICABLE d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address %of Ownership NOT APPLICABLE • 9/25/2014 Page 2 of 13 • FLORIDA DEPARTMENT OF STATE DIVISION OF CORPORATIONS :rn rz >+ °' 4 rift. "kV- II Detail by Entity Name Florida Not For Profit Corporation GRACE PLACE FOR CHILDREN AND FAMILIES, INC. Filing Information Document Number N04000006601 FEI/EIN Number 651229558 Date Filed 07/06/2004 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 10/04/2013 Event Effective Date NONE Principal Address 4300 21ST AVE SW NAPLES, FL 34116 Mailing Address P.O. BOX 990531 NAPLES, FL 34116 Changed: 04/20/2005 Registered Agent Name&Address Tobiasz, David A 1070 S Collier Blvd Apt 406 Marco Island, FL 34145 Name Changed: 04/27/2015 Address Changed: 04/27/2015 Officer/Director Detail Name&Address Title Chairman Furek, Robert P.O. BOX 990531 NAPLES, FL 34116 Title Director PLESSINGER, PHIL P.O. BOX 990531 NAPLES, FL 34116 Title Treasurer Russell, Stanley P.O. BOX 990531 NAPLES, FL 34116 Title Director HARE, TRISHA P.O. BOX 990531 NAPLES, FL 34116 Title VC Grandi, Donald P.O. BOX 990531 NAPLES, FL 34116 Title Secretary Meek, Juliana • P.O. BOX 990531 NAPLES, FL 34116 Title COO • Tobiasz, David A P.O. BOX 990531 NAPLES, FL 34116 Annual Reports Report Year Filed Date 2013 04/30/2013 2014 04/07/2014 2015 04/27/2015 Document Images 04/27/2015—ANNUAL REPORT I View image in PDF format 04/07/2014—ANNUAL REPORT View image in PDF format 10/04/2013—Amendment View image in PDF format 04/30/2013 —ANNUAL REPORT I View image in PDF format . 02/14/2012—ANNUAL REPORT I View image in PDF format 03/17/2011 —ANNUAL REPORT I View image in PDF format 01/24/2011 —Amendment View image in PDF format 03/12/2010—ANNUAL REPORT View image in PDF format 04/17/2009—ANNUAL REPORT 1 View image in PDF format 07/08/2008—ANNUAL REPORT l View image in PDF format 04/09/2007--ANNUAL REPORT View image in PDF format 10/19/2006—Amendment I View image in PDF format 06/28/2006 —ANNUAL REPORT View image in PDF format 04/20/2005—ANNUAL REPORT View image in PDF format 07/06/2004 -- Domestic Non-Profit View image in PDF format yr.ful;rw 411,04t.wdf"Sr3.`fv VvdvhlrAQauyd/t hsduc hqldiriNJ4 II S • • • Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 e. If there is a CONTRACT FOR PURCHASE,with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address %of Ownership NOT APPLICABLE Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership,or trust: Name and Address NOT APPLICABLE 411 g. Date subject property acquired 9/21/2010 Leased:Term of lease years/months If, Petitioner has option to buy, indicate the following: Date of option: NOT APPLICABLE Date option terminates: NOT APPLICABLE, or Anticipated closing date: NOT APPLICABLE h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. • 9/25/2014 Page 3 of 13 CAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE al 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: Golden Gate Area Civic Association,Inc. Mailing Address: 4701 Golden Gate Parkway City: Naples State: FL Zip: 34116 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: � I PROPERTY INFORMATION On separate page, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1"to 400'scale),if required to do so at the pre-application meeting;and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description,an engineer's certification or sealed survey may be required. Property I.D. Number: 35753480007 Plat Book: 5 Page#: 68 Section/Township/Range: 22 /49 /26 Subdivision: Golden Gate Unit 2 Lot: Block: 30 Metes& Bounds Description: See boundary survey Size of Property: ft.X ft. = Total Sq. Ft. Acres: 4.01 Address/General Location of Subject Property: 4300 21st Avenue SW, Naples, FL 34116 • 9/25/2014 Page 4 of 13 Cote'''. County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use Iy RSF-3 Single Family Residential $ RMF-12 Multi-Family Residential E RSF-3 Single Family Residential W RSF-3 Single Family Residential If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate, attach on a separate page) Section/Township/Range: / / Lot: Block: Subdivision: Plat Book: Page#: Property I.D. Number: Metes&Bounds Description: CONDITIONAL USE REQUEST DETAIL I S Type of Conditional Use: This application is requesting a conditional use as allowed, pursuant to LDC section 2.03.00,of the RSF-3 zoning district for schools,private(2.03.02A.1.c.3) (type of use). Present Use of the Property: Church/School (see below) The subject property has been a place of worship with related functions for over thirty years. Provisional Use for a Church was granted under Petition#R-175-C on January 9, 1968. Conditional Use approval was granted by Resolution 10-141 for the school related uses of Grace Place, a faith-based non-profit school [501(c)3],which operates consistent with Resolution 10-141. The existing operation is proposed to continue as approved. This request is for approval of an updated site plan to accommodate an increase of student capacity from 164 to 258. • 9/25/2014 Page 5 of 13 $ Jr9unty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 EVALUATION CRITERIA Pursuant to LDC section 10.08.00 and Chapter 3 C.1 of the Administrative Code,staffs recommendation to the reviewing body shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use,if any,have been met. Further,satisfactory provision and arrangement have been made concerning the following matters,where applicable. On a separate page,provide a narrative statement describing a request for a conditional use and a detailed response to the criteria listed below.Specify how and why the request is consistent with each of the criteria. SEt rie4 sheet a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control,and access in case of fire or catastrophe. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, • glare,economic impact,and odor. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district. e. Please provide any additional information which you may feel is relevant to this request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so,what was the nature of that hearing? NOT APPLICABLE Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ No ❑Yes (If yes please provide copies.) • 9/25/2014 Page 6 of 13 Evaluation Criteria Grace Place Conditional Use a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. The project is comprised of one (1) parcel as more particularly described in the property location section of this application (Folio Number: 35753480007) containing approximately +4.01 acres. Resolution 10-141 was granted to allow operation of Grace Place as a private school facility at this location, based on a finding that granting of the Conditional Use would not adversely affect the public interest and the specific requirements governing the Conditional Use were met, including consistency with the Land Development Code and Growth Management Plan. No changes to operations are proposed,the only request is for approval of an updated site plan to accommodate student capacity of 258 students.A site plan is provided with this request illustrating design is in compliance with applicable Code requirements. The property is designated Urban, In the Urban Mixed Use District, Urban Residential Subdistrict, on the Golden Gate Area Future Land Use Map. The proposed private school use is consistent with the GMP in that Section 1 of the Land Use Designation Description Section on page 17 of the Golden Gate Area Master Plan allows certain non-residential uses, including churches and schools. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control,and access in case of fire or catastrophe. Three vehicular access points, are depicted on the project site plan. Access and parking areas are designed for the continued use, functionality and convenience of those who use the site. For traffic flow and control analysis, refer to the TIS by Trebilcock Consulting Solutions, PA dated September 30, 2014. • Pedestrian facilities will tie into the public sidewalk for convenient movement onto and through the site by foot. Required bike rack facilities will be provided. Fire access is addressed as part of the SDP plan review and approval process. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact,and odor. The church has existed in this location for over 30 years. Grace Place school uses have existed onsite and has been through the review and approval process (Resolution 10-141). There is no new noise, glare,economic impact,or odor on neighboring properties anticipated due to this application. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district. The neighboring properties in this district are primarily single family and multifamily residential uses.A church use has existed in this neighborhood for over 30 years and provides a place of worship for local residents.The Grace Place school uses have existed for over five years.The majority of the students at Grace Place live within the immediate Golden Gate area. Location of a community facility of this nature within the community that it serves renders it a compatible use with the properties in the district. e. Please provide any additional information which you may feel is relevant to this request. Both the church use and the Grace Place school use have been part of this neighborhood as previously outlined. No additional uses are proposed. This request is for approval of an updated site plan and increase of student capacity from the previously approved 164 to 258, consistent with approved SDP PL#20130000513. 7/23/2015 Page 1 of 1 3 OH N s ) ENGINEERING • Coer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE 0 GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST IAPPLICANT INFORMATION I Name of Applicant(s): GRACE PLACE FOR CHILDREN AND FAMILIES, INC. Address: PO BOX 990531 City: NAPLES State: FL ZIP: 34116 Telephone: 239-455-2707 Cell: Fax: E-Mail Address: DAVE @GRACEPLACENAPLES.ORG Address of Subject Property(If available): 4300 21st Avenue SW City: NAPLES State: FL Zip: 34116 I LEGAL DESCRIPTION I Section/Township/Range: 22 /49 /26 Lot: Block: 30 Subdivision: Golden Gate Unit 2 0 Plat Book: 5 Page#: 68 Property I.D. Number: 35753480007 Metes& Bounds Description: refer to boundary survey 1 I TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System ❑ b. City Utility System El c. Franchised Utility System © Provide Name: FLORIDA covEw+r.ENru UTILITY AUTHORITY d. Package Treatment Plant ❑ (GPD Capacity): 125 MGD e. Septic System ❑ i I TYPE OF WATER SERVICE TO BE PROVIDED a. County Utility System ❑ b. City Utility System ❑ rwww wwEarK vn�m wnaw c. Franchised Utility System © PROVIDE NAME d. Private System (Well) ❑ Total Population to be served: increase of student capacity from 164 to 258 Peak and Average Daily Demands: • A. Water-Peak: 677 gpd Average Daily: 248 gpd B. Sewer-Peak: 677 gPd Average Daily: 248 gpd 9/25/2014 Page 7 of 13 I Coter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 If proposing to be connected to Collier County Regional Water System,please provide the date service is expected to be required: N/A Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. The site is already connected and served by the Florida Governmental Utility Authority water and sewer systems. County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. N/A Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. i 9/25/2014 Page 8 of 13 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE S GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance,the owner or developer at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of F.S. §695.A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner, Zoning Services Department,within 15 days of recording of said Memorandum or Notice. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. • • 9/25/2014 Page 9 of 13 Co kr Count y . , COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 • www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: ❑A Conditional Use to be heard by the Planning Commission and Board of Zoning Appeals ❑ A Minor Conditional Use to be heard by the Office of the Hearing Examiner Chapter 3 C.1.of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. Requirements for Review #Of Required Not Copies Required Completed Application(download current form from County website) 16 9 ❑ Cover letter briefly explaining the project 16 9 ❑ Pre-Application Notes 1 9 ❑ Affidavit of Authorization,signed and notarized 2 9 ❑ Completed Addressing Checklist 1 © ❑ Warranty Deed(s) 3 9 ❑ Boundary Survey 3 9 ❑ Conceptual Site Plan 24"X 36" plus(one 81A X 11 copy) a) 9 ❑ Plans showing proposed location for utilities,if required ❑ El ❑ Plans for screening and buffering the use with reference as to type,dimensions, ❑ ❑ 9 • and character,if required Plans showing the proposed landscaping and provisions for trees protected by ❑ ❑ County regulations,if required Plans showing the proposed signs and lighting,including type,dimensions,and ❑ ❑ character,if required Architectural Rendering of Proposed Structure(s),if applicable 4 ❑ ❑ Current aerial photographs(available from Property Appraiser)with project S 9 ❑ boundary and,if vegetated,FLUCFCS Codes with legend included on aerial. Statement of utility provisions(with all required attachments&sketches) 1 9 ❑ Environmental Data Requirements,pursuant to LDC section 3.08.00 3 ❑ Environmental Data Requirements collated into a single Environmental Impact Statement(EIS)at time of public hearings. Coordinate with project planner at time ❑ ❑ of public hearing. Listed Species Survey;less than 12 months old. Include copies of previous surveys. 2 ❑ al Traffic Impact Study(TIS)or waiver 7 9 ❑ Historical and Archeological Survey,or waiver 4 ❑ Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all materials to be 1 9 ❑ submitted electronically in PDF format. *If located in the Bayshore/Gateway Triangle Redevelopment Area,include an additional set of each submittal requirement ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials . electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 9/25/2014 Page 10 of 13 _-_ Co er County 1 1 1 COLUER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE �� GROWTH KxAN4G[KxEmTDkHNON NAPLES,FLORIDA 34104 -- vmmw'coUiecxov.net (aae)a52'2400 FAX:(2sg)2s2-§u5m Planners:Indicate if the petition needs to be routed to the following additional reviewers: r-i Bayshore/Gateway Triangle Redevelopment f--1 Emergency Management:Dan Summers;and/or ^~ Executive Director ^a EMS:Artie Bay [l Conservancy of SWFL:Nichole Ryan ' F Graphics:Mariam Ocheltree F City of Naples:Robin Singer,Planning Director Utilities Engineering:Kris VanLengen 0 Parks and Recreation:Vicky Ahmad 0 lmmokalee Water/Sewer District: rl School District(Residential Components):Amy Other: _^~ � *ea, uck Communication Towers: , 0 Mosquito Control LJ Collier County Airport Authority O Naples Airport Authority Commercial Mining: O | Impact Fees | �,- ~' ' ' �- �^ '' ` ' ` E REQUIREMENTS ~ n � � '�� - �'^ �4 8 | ' r � - � ` ~ '" � ^� " � ^»-�U All checks payable to:Board of County Commissioners :I Pre-Application Meeting:$500.00(to be credited towards the application fee if the application is filed within 9 months of pre-application meeting) • o Conditional Use Application Fee:$4,noo. oo o When filed with Rezone PetitIon: $1,500.00 o Additional fee for 5th and subsequent reviews:20%of original fee o Fire Code Review Fee:$150.00 o Comprehensive Planning Consistency Review:$300.00 D Environmental Data ne9u|n^mwnts'os Packet (submittal determined at pre-application rneetino), $2,500.00 / Listed or Protected Species survey review fee(when an EIS is not required):$1,000.00 o Transportation Fee.,if required: o Methodology Review Fee:gsoo.00 o Minor Study Review Fee;$750o0 o Major Study Review Fee:$1,500.00 n Estimated Legal Advertising Fee for the Hearing Examiner or CCPC:$925.00 / Estimated Legal Advertising Fee for the BZA,if required:$500.00 The completed application,all required submittal materials,and fees shall be submitted to: ■ Growth Management mmdv�P|anninnand Krou|a�vn | ATIN:Business Center ! 2300 North Horseshoe Drive Naples,FL 34104 ------= /et get.61/ Applicant Signature Da �� " 9/25/2014 m�o�zs �w= Ii , Co 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 Public Participation Requirements LDC Section 10.03.06 B.or C. Chapter 8 of the Administrative Code Notice for Minor Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements:Applicant must conduct a NIM at least 15 days prior to the Hearing Examiner's receipt of the staff report and application materials in accordance with the applicable sections of the Administrative Code. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. Mailed Notice:Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. Newspaper Advertisements:The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • • Date,time, and location of the hearing; • Description of the proposed land uses; and • 2 in.x 3 in. map of the project location. Sign:A sign shall be posted at least 15 days before the advertised Hearing Examiner hearing date. Public Hearing for Minor Conditional Use Petitions Hearing Examiner:The Hearing Examiner shall hold at least 1 advertised public hearing. See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Notice for Conditional Use Petitions Neighborhood Information Meeting(NIM)Requirements:Applicant must conduct a NIM at least 15 days prior to the advertised public hearing. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. Mailed Notice:Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. 9/25/2014 Page 12 of 13 $J&9unty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Newspaper Advertisements:The legal advertisement shall be published at least 15 days before the advertised public hearing in a newspaper of general.circulation.The advertisement shall include at a minimum: • Date,time, and location of the hearing; • Description of the proposed land uses; and • 2 in.x 3 in. map of the project location. Sign:A sign shall be posted at least 15 days before the advertised public hearing date. Public Hearing for Conditional Use Petitions Environmental Advisory Committee(EAC):The EAC shall hold at least 1 advertised public hearing, if required. Collier County Planning Commission (CCPC): The CCPC shall hold at least 1 public hearing. Board of Zoning Appeals(BZA): The BZA shall hold at least 1 advertised public hearing. • • 9/25/2014 Page 13 of 13 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(5) PL2o,aooD,syo • I DAVID A.TOBIASZ (print name),as CHIEF OFERA11NG OFFICER (title, if applicable)of GRACE PLACE FOR CHILDREN AND FAMILIES,INC. (company, If applicable),swear or affirm under oath,that I am the(choose one)owner applicantlontract purchaser' land that: 1. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. act 5. We/I authorize NBDN ENGINEER"INC"RICH YOVANO VIQI'ABAGNDU BARBER 6 BRUNDAGE.INC to act as our/my representative in any matters regarding this petition including 1 through 2 above. 'Notes: • If the applicant is a corporation, then it is usually executed by the corp.pies. or v.pres. • If the applicant is a Limited Liability Company(L.LC.) or Limited Company(LC.), then the documents should typically be signed by the Company's'Managing Member.' • if the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner'of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words`as trustee • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. • Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the fact ted in it are true. i „fair/77--- _07t704> Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to(or affirmed)and subscribed before me on i'- -l.T (date)by 71121400-0,b Occ - (name of person providing oath or affirmation), as who is personally known to me or wt}oJ pr used (type of identification)as identification. * STAMP/SEAL ,w, A• Signature Notary ublic +°; •; makRENSCH • • *lag,MYCOIIIHISSIOtI f EE 1147750 EXPIRES;December 29,2016 • '47#/, prow Dm DAM May Swim CP108-COA-OOIISU55 • REV 3/24!14 AGENDA ITEM 4-F Co er County MEMORANDUM TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION—ZONING SERVICES SECTION HEARING DATE: DECEMBER 10,2015 SUBJECT: BD-PL20150001141 GATLIN DOCK PROPERTY OWNER/AGENT: Gregory Gatlin&Janet Gatlin Jeff Rogers 172 Pago Pago Drive West Turrell, Hall& Associates, Inc. Naples, FL 34113 3584 Exchange Avenue Naples, FL 34104 REQUESTED ACTION: Gregory Gatlin requests an 18.3 foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 38.3 feet. GEOGRAPHIC LOCATION: The subject site is zoned Residential Single-Family (RSF-4) and located at 172 West Pago Pago Drive and is further described as Lot 191, Isles of Capri Unit No. 2 subdivision, in Section 32, Township 51 South, Range 26 East, Collier County. Florida. PURPOSE/DESCRIPTION OF PROJECT: The purpose of the request is to accommodate the expansion of an existing 352 square foot boat dock facility with one boat slip to extend 18.3 feet beyond the maximum 20 feet allowed. The drawing labeled "Existing Aerial" shows the existing dock currently extends 38.3 feet from the property line, and the new dock, which is proposed to be lowered, would extend the same distance, according to the drawing labeled "Proposed Site Aerial."The application indicates the mooring of a 27-foot long vessel. BD-PL20150001141 Gatlin Dock Page 1 of 9 December 10,2015 ir �b ��Ae�a A�Q; ��1-t < t.4** 4 tt 4 tti lit . T , 9 ► ,,.. % iO®ligi 0 ®-W •1 � O All �� a.8 MUM 1 __ tts + v rim i Ea-- IN d ' 2 ril 0; WO Alu 4tMnrr _ z . W i d a° 5 P ,,._„,„_, : (141' 4')*() 1 aectt sj 7 it. 4Pg 94 a 0 n+af a iow / ' CO ■ Z t A 4q }R ~ : cs>j 2/, t A 14 i `� 0. I ' ' -) 11 '; 1 tv**\) % °111 a iI -° <,iim 2 r .— ►-z $4 g-, 11 .s?11 -2!ph.-- Z -- -,..',q -, I .1'.-\ i I k. VI. , I ell 0 t I c., 1 � Q ( h - , _ Y4 r r.,(-) „. g _ _ , . k , ,,:h _ Iltk! a V .... c 44 L .a V-1- i i ili* '1 • 2. �,1, ■ SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the subject site. North: Right-of-way for Pago Pago Drive; farther north is a single-family home, zoned RSF-4. East: Vacant lot,zoned RSF-4. South: Marlin Bay, zoned Rural Agricultural District - Special Treatment (A-ST); farther south are single-family homes,zoned RSF-4. West: Single-family home,zoned RSF-4. , . Subject Property a ` -BD-PL20150001141 j ss 1, t 1 wi. -/ i"jr,.1. c ' T •— . l -1 .ill, .. ~;, '4 I. 4 �"� A ` ` . w e 4 7...yJ r a ` 3 1�j ' . 'dam .� -' )V 10 61 R °1'', • �� A.; , i . J ,�, 4-.. .P 4..Ice�... air.,nil....-..1. r•..°. .Aar/ •'-. 'AL .L.,- Aerial(County GIS) BD-PL20150001141 Gatlin Dock Page 3 of 9 December 10,2015 .r . 4. \, , .., \. , . , . > . . ,_^, 70.2. .. w k_ -.7 Ilk __ { 4: ,5� .r 1-..,_ 0 iii '1 ‘,../ f .1 it I dcii) UE IP 4 -7 ar llJJf. ,i a o~tik Aerial of rear yard— 12/9/2014(Google Earth) ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request. Section 5.03.06(E)(11), of the Land Development Code (LDC), Manatee Protection, is applicable to multi-slip docking facilities with ten (10) or more slips. The proposed facility consists of one boat slip and is therefore not subject to the provisions of this section. This project does not require an Environmental Advisory Council Board (EAC) review since this project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. ANALYSIS: The Collier County Hearing Examiner (HEX) shall approve, approve with conditions, or deny a dock facility extension request based on certain criteria. In order for the HEX to approve this request, at least four (4) of the five (5) primary criteria and four (4) of the six (6) secondary criteria have been met: Staff has reviewed this petition in accordance with Section 5.03.06 and recommends the following findings to the HEX: BD-PL20150001141 Gatlin Dock Page 4 of 9 December 10,2015 Primary Criteria: 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks,additional slips may be appropriate.) Criterion met. The proposed dock facility consists of one(1)boat slip,which is appropriate in relation to the approximately 70 linear feet of water frontage of the subject lot. The mooring of a kayak is not counted as a boat slip. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s)described without an extension.) Criterion not applicable. The applicant did not submit compelling evidence that water depth is an issue; however, the proposed dock would not protrude any farther than the dock that already exists. 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Criterion met. According to the information submitted by the petitioner,the total width of the waterway is 300 feet. The drawing labeled "Width of Waterway" does not indicate the distance between the outermost edge of the proposed dock (on the subject property) from the outermost edge of the boat on the opposite side of Marlin Bay. According to the applicant however, "The proposed dock expansion will not increase the existing protrusion measurement into the waterway therefore the approval of this request will not create any navigational issues." Staff concurs. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion met. The drawing labeled, "Width of Waterway" indicates the waterway is 300 feet wide. The drawing does not provide the percentage of protrusion, but the applicant's written BD-PL20150001141 Gatlin Dock Page 5 of 9 December 10,2015 response to this criterion states the protrusion is 13%, "leaving more than 50% width of the waterway(between docks on either side of the waterway)will be maintained for navigability." While not dimensioned,the drawing shows the protrusion of the vessel on the opposite side of the waterway, and it is staff's opinion that the protrusion of the subject vessel is comparable as the protrusion of the vessel on the opposite side of the waterway. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Criterion met. The existing dock (located closer to the seawall than the proposed expansion), is 16 feet from the riparian property line to the west. This meets the minimum required setback. The proposed dock would be located 15 feet from the riparian property line to the east. This also complies with the minimum setback required for this property. Secondary Criteria: 1. Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth,or seagrass beds.) Criterion not met. The applicant did not provide any information suggesting any special conditions exists at the site with respect to water depth, shoreline configuration, or vegetative resources. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area. Criterion met. With respect to the portion of the dock that would protrude beyond the 20 feet threshold, it is staffs opinion the design is reasonable, does not use excessive deck area, and meets the intent of this criterion. 3. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Criterion met. The vessel as indicated in the application is 27 feet in length. With approximately 70 feet of linear feet of frontage, the proposed vessel would account for less than 39%of the frontage,which complies with maximum allowed. BD-PL20150001141 Gatlin Dock Page 6 of 9 December 10,2015 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. The elevation of the top of the deck is 1.42 NAVD, which is lower than the elevation of the existing seawall (5.42 NAVD). It is staff's opinion the view shed of neighboring properties will not be impacted. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present,compliance with subsection 5.03.06(I)of the LDC must be demonstrated.) Criterion met. According to the information submitted by the petitioner's consultant(Turrell, Hall & Associates), there were no resources observed, which was likely due to the depths at the site. Furthermore, it was the opinion of the consultant "that the proposed dock configuration has minimized impacts to the fullest extent possible as there are no resources present in the vicinity of the existing dock and its proposed modifications." 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11)must be demonstrated. Criterion not applicable. The petitioner's property is a single-family lot with one slip and is not subject to the provisions of the Manatee Protection Plan. Staff analysis finds this request complies with four(4) of the five primary criteria and four(4) of the six secondary criteria. In addition, on July 31, 2015, the property has been approved for an administrative special treatment(ST)development permit. APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS: As to any boat dock extension petition upon which the HEX takes action, an aggrieved petitioner, or adversely affected property owner, may appeal such final action to the Board of County Commissioners. Such appeal shall be filed with the Growth Management Department Administrator within 30 days of the Decision by the HEX. In the event that the petition has been approved by the HEX, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on November 17,2015. STAFF RECOMMENDATION: Based on the above findings, Staff recommends that the HEX approve Petition BD-PL20150001141, BD-PL20150001141 Gatlin Dock Page 7 of 9 December 10,2015 subject to the following conditions to be incorporated into the final HEX Decision: 1. 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. 2. All other applicable state or federal permits be obtained before commencement of the development. Attachments: 1) Application& Support Material 2) Correspondence See next page BD-PL20150001141 Gatlin Dock Page 8 of 9 December 10,2015 PREPARED BY: I . a Air _._____--- L\ /nit t. ERIC L. JOHNSO .F • ,CP,CFM PRINCIPAL PLANNER DATE GROWTH MANAG ENT DIVISION REVIEWED BY: e ,( 17-t RAYM D V. BELLOWS,ZONING MANAGER~ DATE GROWTH MANAGEMENT DIVISION MICHAEL BOSI, AICP, DIRECTOR DATE GROWTH MANAGEMENT DIVISION Page 9 of 9 BD-PL20150001141 Gatlin Dock December 10,2015 GATLIN BDE #PL20150001141 172 PAGO PAGO DRIVE NAPLES, FLORIDA 34113 NOW/AMER 16, 2015 • Prepared by: Terrell, Hall &Associates, Inc. 3584 Exchange Ave., Suite B Naples, FL 34104 (239)643-0166 • s REVISED BDE APPLICATION Co County • COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION APPLICATION AND SUBMITTAL INSTRUCTIONS tDC Section 5.03.06 Chapter 3 B.of the Administrative Code The following information is intended to guide the applicant through the application and public hearing process for a Dock Facility Extension or Boathouse Establishment Petition. Prior to submitting the Dock Facility Extension or Boathouse Establishment Petition application, the applicant shall attend a pre-application meeting to determine if a dock facility extension or boathouse establishment is available and to discuss the location, length/protrusion, and configuration of the proposed boat dock facility.The pre-application fee is $500.00 and will be credited toward application fee upon submittal. If the application is not submitted within 9 months of the pre-application meeting the pre-app fee will be forfeited and will not be credited toward the application fee. In order for the application to be processed,all accompanying materials(see attached submittal checklist)shall be completed and submitted with the application.The application fee for a Dock • Facility Extension or Boathouse Establishment is $1,500.00, plus $925.00 for required legal advertising. After submission of the completed application packet,accompanied with the required fees,the applicant will receive a response notifying that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., BDE- P120120000000)assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Pursuant to the LDC and the Administrative Code, several public notice requirements shall be completed within the required time frames. The Planning and Zoning Department will provide, at the cost of the applicant, legal notification to surrounding property owners within 500 feet of the subject property and newspaper advertisement (required 15 days prior to the advertised Hearing Examiner hearing date). The applicant will be notified by email of the hearing date and will receive a copy of the Staff Report. It is recommended, but not required,that the applicant or the agent attend the Hearing Examiner hearing. Please contact the Growth Management Division at 252-2400 for further assistance completing this application. 6/3/2014 Page 1 of 7 Co County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coliiergov.net (239)252-2400 FAX:(239)252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch.3 B. of the Administrative Code THIS PETITION IS FOR(check one): ❑ DOCK EXTENSION ❑ BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION Applicant(s): Gregory Gatlin Address: 172 Pago Pago Drive W. City: Naples State: FL ZIP: 34113 Telephone: Cell: Fax: E-Mail Address: Name of Agent: Jeff Rogers Firm: Turrell, Hall & Associates, inc. Address: 3584 Exchange Ave City: Naples state: FL ZIP: 34104 Telephone: 239-643-0166 Cell: Fax: 239-643-6632 E-Mail Address: Jeff @turrell-associates.corn PROPERTY LOCATION section/Township/Range: 32 L51 /26 Property I.D.Number: 52392280007 Subdivision: Isles of Capri Unit: 2 Lot: 191 Block: Address/General Location of Subject Property: 172 Pago Pago Drive W. Current Zoning and Land use of Subject Property: RSF-4/Single Family Residential BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS.GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 6/3/2014 Page 2 of 7 Co r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.cotllergov.net (239)252-2400 FAX:(239)252-6358 ADJACENT ZONING AND LAND USE Zoning Use N RSF-4 Rignt of way for Pago Pago West/single family residential S A-ST Marlin Bay E ` RSF-4 Single Family Residential W RSF-4 Single Family Residential DESCRIPTION OF PROJECT Narrative description of project(indicate extent of work,new dock,replacement,addition to existing facility,any other pertinent information): The=Woe dock on the Widwlyd aura of beet i(1141 eq,ft)sei remeh In pine The proposed wt includes rwrormIng the Mang Inge Per(30 eq.R)on the water ward aide of the boat Irt end Installing a new`tear per(235.1 eq.3)In he piece at e lava elevation(Ngalon 1.42 NAVD).The added logo pier eel cenneei to the e45adn2 dock with proposed eooNe"mooch the addition at Were a shave In drewtge The total proposed agues*loa[epe d the over vat abudrm a 343.3 aq R. SITE INFORMATION 1. Waterway Width: • 300 ft. Measurement from[]plat ❑survey ®visual estimate 0 other(specify) 2. Total Property Water Frontage: 70 ft. 3. Setbacks: Provided: 15.5/18.0 ft. Required: 15.0 ft. 4. Total Protrusion of Proposed Facility Into Water. 38.3 ft. 5. Number and Length of Vessels to use Facility: 1. 27 ft. 2. ft. 3. ft. 6. List any additional dock facilities in close proximity to the subject property and Indicate the total protrusion into the waterway of each: The lots In the southwest of the pmpary haw atdathp dodos and the lob lb the northeast or the adjacent vacant lots have ndailg dacha with boathouses. 7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger In size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? 0.18 Acres 8. Official Interpretations or Zoning Verifications: To your knowledge,has there been an official interpretation or zoning verification rendered on this property within the last year? ❑Yes®No If yes,please provide copies. 11110 6/3/2014 Page 3 of 7 Co r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE 411 GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria,must be met. On separate sheets,please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate In relation to the waterfront length, location, upland land use,and zoning of the subject property;consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate;typical,single-family use should be no more than two slips;typical multi-family use should be one slip per dwelling unit; in the case of unbrldged barrier island docks,additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length,type,and draft as that described in the petitioner's application is unable to launch or moor at mean low tide(MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel(s)described without an extension.) 3. Whether or not the proposed dock facility may have an adverse Impact on navigation within an • adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The fadlfy should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) 6/3/2014 Page 4 of 7 • The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a • particular Dock Extension request. in order for the Hearing Examiner to approve the request,it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate;typical, single-family use should be no more than two slips;typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks,additional slips may be appropriate.) Response: The total waterfront length for this property is 70ft. The zoning and upland land use is single family residential which warrants no more than 2 slips per CC-LDC;the current proposed dock design has 1 boat slip.The proposed addition is for kayak use only. 2. Whether or not the water depth at the proposed site 15 so shallow that a vessel of the general length,type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide(MIT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel(s)described without an extension.) Response: See attached survey/drawing illustrating the existing water depths. The proposed work consists of lowering the most water ward dock and connecting It to the seawall,thus the water depths are adequate for the proposed work. • 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Response: The proposed dock facility work will not have adverse impacts on navigation as It will only protrude 13%width of waterway. The proposed dock facility is located in the west side of Marlin Bay where there Is adequate navigation. 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) Response: The proposed dock facility work will maintain 13%width of waterway protrusion,therefore leaving more than 50% width of waterway (between docks on either side of the waterway) will be maintained for navigability. 5. Whether or not the proposed location and design of the dock facility Is such that the facility would not tribe with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Response: The proposed dock facility will provide 25'+ clearance to the neighboring dock on the • southwest and 185'+ clearance to the closest neighboring dock on the northeast. Both provide adequate clearance for the size vessels of the neighboring properties. The dock location will provide 15'dearance to adjacent vacant lot.The length of the neighboring vessel Is approximately 30'. Co County COLLIER COUNTY GOVERNMENT 2900 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coiliergov.net (239)252-2400 FAX:(239)252-6358 SECONDARY CRITERIA I 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement,shoreline configuration,mangrove growth,or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions.(The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels In combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present,compliance with LDC subsection 5.03.06 I must be demonstrated.) 6. Whether or not the proposed dock faculty is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) 6/3/2014 Page 5 of 7 1. Whether or not there are special conditions, not involving water depth, related to the subject • property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement,shoreline configuration,mangrove growth,or seagrass beds.) Response: The proposed dock facility was primarily governed by the County guidelines with no special conditions. 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions.(The facility should not use excessive deck area.) Response: The proposed dock facility has been minimized to the fullest extent possible to meet the County dock building guidelines while still providing adequate and safe access to and from the vessels. 3. For single-family dock facilities, whether or not the length of the vessel,or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Response: The length of the vessel is less than 50%of the subject property's linear waterfront footage. The length of the vessel will only occupy approximately 38%of the waterfront footage. 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) • Response: The proposed dock fadlity work provides one boat lift that will not have a major impact on the waterfront view of either neighboring waterfront property owners as it Is an existing permitted structure. The proposed dock facility work is consistent with others on this bay and will not affect neighboring properties view of the waterway. 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present,compliance with IDC subsection 5.03.06 I must be demonstrated.) Response: There are no seagrass beds present on the property nor the neighboring properties within 200'of the existing dock structure. 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) Response: The proposed work is a single-family dock faculty and therefore not subject to Manatee Protection Requirements. • 1 Co County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for; Dock Extension n Boathouse Chapter 3 B.of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application(download current form from County website) 6 ❑ ❑ Signed and Sealed Survey ❑ ❑ ❑ Chart of Site Waterway Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank,seawall,or rip-rap revetment); • Configuration,location,and dimensions of existing and proposed 6 ❑ 0 facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • illustration of the contour of the property;and • Illustration of dock facility from both an aerial and side view. Affidavit of Authorization,signed and notarized 1 ❑ ❑ Completed Addressing Checklist 1 ❑ Electronic copy of all required documents "Please advise:The Office of the Hearing Examiner requires all materials 1 ❑ ❑ to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBUC 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. 6/3/2014 Page 6 of 7 • Co County III COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ Bayshore/Gateway Triangle Redevelopment: ❑ Environmental Review:See Pre-Application Executive Director Meetin: Si:n-In Sheet 1■I Addressin&.Annis Moxam 1111 Gra.hits:Mariam Ochehree ■era City of Naples:Robin Singer,Planning Director ED Historical Review © Comprehensive Planning:See Pre-Application Meetin;Sian-In Sheet ❑ Immokalee Water/Sewer District: LEI Conservancy of SWFL:Nichole Ryan Nil Parks and Recreation:Vicky Ahmed ■ County Attorney's Office:Heidi Ashton-Cicko U Transportation Pathways:Stacey Revay ■ Emergency Management:Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Ba Headlock IN En:'neerin::Alison Bradford 11.1 Transportation Piannin John Podczerwins ❑ Other: ❑ Utilities Engineering:Kris VanLengen FEE REQUIREMENTS: Boat Dock Extension Petition:$1,500.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. • As the authorized agent/applicant for this petition, i attest that all of the information indicated on this checklist is included in this submittal package.I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Ni........w/n...aw Inc a.rw_I_.ea...tw_., 9 0-23-2015 We 11 1,m..avf L L/ We o.aws.san am Signature of Petitioner or Agent Date • 6/3/2014 Page 7 of 7 • ADDRESSING CHECKLIST f • • 3S 1 Coder County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES.FLORIDA 34.104 www.collertay.net (239)252-2400 FAX (239)252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD Addressing©coiiiergc: or fax to the Operations Department at 239-252-5724 or submit in person to tyre Addressing Department at the above address.Form must be signed by Addressino personnel pn• it a :;a• • = • c•r . 1.__< , I t... Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST RE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department, PETITION TYPE(Indicate type below,complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) SDP(Site Development Plan) o BD(Boat Dock Extension) 0 SDPA(SDP Amendment) ❑ CamivaliCirous Permit 0 SDP'(Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) EXP(Excavation Permit) H SIN(Insubstantial Change to SIP) FP(Anal Plat SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unpletted) [] PNC(Project Name Change) 0 TDR(Transfer of Development Rights) ❑ PPL(Plans& Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) • ❑ PUD Rezone RZ(Standard Rezone) ❑ VRSFP(Vegetation Removal&Site Fill Permit) [ ❑ OTHER_ LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) Isles of Capri NO2 Lot 191 FOUO(Property ID)NUMBER(s)of above(attach to,or associate with,legal description if more than one) 52392280007 STREET ADDRESS or ADDRESSES(as applicable,if already assigned) 172 Pago Pago Drive W • 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 unpiatted properties) PROPOSED PROJECT NAME(if applicable) Gatlin Dock PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR or PL# S COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE S GROWTH MANAGEMENT DIViStON NAPLES,FLORIDA 34104 ww'w.colitergov.net (239)2S2-2400 FAX (239)252-S724 Project or development names proposed tor,or already appearing in,condominium documents(if application, indicate whether proposed or existing) Gatlin Dock Please Return Approved Chedcgt By: El Emel ❑ Fax ❑ Personally picked up Applicant Name: Jeff Rogers Phone: 239-643-0166 Email/Fax:Jeff @Turrell-Associates.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. 5 FOR STAFF USE ONLY Folio Number 52392280007 Folio Number Folio Number Folio Number Folio Number Folio Number Approved tyr. hr Date: 5-15-2015 tom' Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED REVISED AFFIDAVIT OF AUTHORIZATION • • ' AFFIDAVIT OF AUTHORIZATION • FOR PET/TM NUM®ER$(B) Pit)— P L• Po I Dpe) I l`f l t, .1a.ne - rem f (print name),as n/c. (title, if applicable)of r'j (company, If IIcable), swear or affirm oath,th,that I am the(choose one)owner[J applicant r—jcontract pure; i and than 1. I have full authority to secure the approval(s)requested and to Impose covenants end restrictions on the referenced property as a result of any action approved by the County In accordance with thh application and the Land Development Code; 2. AN 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 1 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 wit be transferred, conveyed, sold or subdivided sublect to the conditions and restrictions imposed by the approved action. 5. Weft authorize Tetrad 11*r, ; 4`rslc.L,icJ.l r givcdto act as ounhny representative in any matters this petition including 1 through 2 above. 'Norse: ▪ If the applicant 1s a corporation, then R is usually executed by the Corp.pre& or v.piss. • If the applicant is a United Liability Company(LLC)or Limited Company(LC.), Then the documents should typically be signed by the Company's`Managing Member.' • if the applicant is a gyp,than typlcaly a partner can sign on behalf of the partnership. • If the applicant is a&Ynded partnership, then the general partner must sign and be identified as the 'general pwtaer"of the named partnership • If the applicant is a trust than they must include the trustee's name and the words as Mates'. in each Inatmnce, that detemhihe the applicant's status, e.g., Individual, corporate, trust; partnership, and than use the appropriate format lbr that ownership. • Under penalties of perjury,I declare that I have read the foregoing Affidavit of Authorizetian and that the facts stated In It are true. Ale Signature Date STATE OF COUNTY OF Or The foregoing Instrument was sworn to(or affirmed)and subscribed before me on /Olt [I.($ (date)by fCt et Cs,a.t"li p (name of person providing oath or ,,, L,• ). ss h f C who is personally known to me or may;, produced as NEM (type of Identification)as Identification. STAMP BEAL Signs Notary Public air WESLEY J.SIMPSON ► Notary Public P State at Large 0 CPI0II•CDA.OS1l$ r Kentucky REV 3l2&M My Commission ► Expkes Apt 25,2o1a AFFIDAVIT OF AUTHORIZATION III FOR F°ETITION NUMBERS(S) ` r i - -'172.1.4A'�� 1 4' i I. L.''( T a- l A- (print name), as '..,J.l e.(G°;(2. 1 67,-.*`"'- ; title,if appic able)of -/company, If a lioable).swear or affirm under oath,that I am the (choose one)owner applicantnicontract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2 All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a pan 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 win be transferred, conveyed, sold or subdivided subject to the conditions and restrictions Imposed by the approved action. -:Fick. V.othiL rs 5. Weil authorize /X12 4L,L /14-.44., 7..i f to act as our/my representative in any matters regarding this petition Including 1 through 2 above. • s_ • If the applicant is a corporation, then it is usually executed by the corp.pies. or v.pies. • If the applicant is a Limited Liability Company(LL C.) or Llrnfted 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 ii• 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 in b are tru . /jai ' f ✓ter .4- 51 Signature Dee STATE OF FLORIDA COUNTY OF COLLIER The toreeing instrument was,sworn to(or affirmed)and subscribed before me on, (date)by C—C&A' ?'G: (name of person providing oath or anon), as i...y-c, 11 d who is personally known to me or who has produced /C/j)L (type of glenl cation)as identification. 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I - g . _. *„.: -' , , . hu �_..._,,,„,,,,,.. .. , . i*b*1 0 ,` . 0 W. • :-' ***n"' - - Z I.. .1 - 0 k. , .. ::._ :„._,: _/ A if ,!'s - t ,...1 -"'''''''',4.-- E i A114 , t., ' _. ....-..., - e if s_ it _ . . , , , 2/ r' /'\, A 0 SUBMERGED RESOURCE SURVEY • • 1 GATLIN DOCK S 172 PAGO PAGO DRIVE WEST NAPLES, FL 34145 SUBMERGED RESOURCE SURVEY JULY 2015 PREPARED BY: >4410X TURRELL,HALL&ASSOCIATES,INC 3584 EXCHANGE AVENUE,STE B NAPLES,FL 34104 • GATLIN DOCK SUBMERGED RESOURCE SURVEY JUNE 2015 • 1.0 INTRODUCTION The Gatlin dock project is located at 172 Pago Pago Drive West in Naples, FL and is identified by Collier County as Parcel Number 52392280007. The property is located on Isle of Capri just west of Capri Blvd,off of Hilo Street West within Section 32 Township 51 South, and Range 26 East. The upland portion of the property is currently developed by a single-family residence with an existing concrete seawall shoreline. There is an existing dock on the property that the owner is proposing to re-deck, connect the outside finger pier to the uplands, and lower the elevation of that finger pier for kayak access. The neighboring property to the west has a single family residence and dock, and the property to the east is vacant land. Turrell,Hall &Associates,Inc.was contracted to provide a Submerged Resource Survey (SRS) for the proposed docking facility. This survey will provide planning and review assistance to both the owners and the agency reviewers, in regards to the proposed project. The proposed project consists of designing and constructing a single-family dock with two(2)associated boatlifts. The field visit for the SRS was conducted on June 23,2015 at 2:30 P.M. A high tide with light southeast winds and clear skies resulted in good underwater visibility that ranged from 2-6 feet. Surface water conditions on this day were relatively calm which also helped to provide good environmental conditions for the survey. The water temperature was 79°F. High tide occurred at 7:18 A.M (2.5') and low tide occurred at 12:28 P.M (0.5')on the date of the survey. 2.0 OBJECTIVE The objective of the Submerged Resource Survey was to identify and locate any existing submerged resources within the limits of the proposed dock project or within 200-feet of the project area. The survey provided onsite environmental information to help determine if the proposed project would impact any existing submerged resources and if so would assist in reconfiguring the proposed dock in order to minimize any impacts. If seagrasses are present within the project area it needs to be determined if the seagrass beds are small in size or if they are part of a large seagrass bed. The general scope of work performed at the site is summarized below. • Tun-ell, Hall & Associates, Inc. personnel conducted a site visit and snorkeled within the proposed project footprint and documented the location of any submerged resources. • Turrell,Hall &Associates, Inc.personnel identified submerged resources at the site, estimated the% of coverage, and delineated the approximate limits of any submerged resources observed. • Page 1 of 4 GATLIN DOCK SUBMERGED RESOURCE SURVEY JUNE 2015 • Turrell,Hall &Associates, Inc. personnel delineated limits via a handheld GPS • (Garmin Model 72H). 3.0 METHODOLOGY Turrell, Hall &Associates, Inc. biologists intentionally designed the methodology of the SRS to cover the entire property shoreline and extend out past the proposed dock footprint. The components for this survey included: •Review of past aerials and past surveys completed near or adjacent to the subject property *Review of aerial photography of survey area *Physically snorkel sites, GPS locate limits of submerged resources, and determine approximate percent of coverage • Document and photograph all findings The surveyed area was evaluated by snorkeling off the dock. Surveying the proposed project area was relatively easy as a result of the existing neighboring docks providing easily identifiable reference markers, such as dock piles, which assisted in locating any resources observed. 1110 Two biologists from Turrell, Hall & Associates, Inc. surveyed the site using snorkel equipment throughout the entire surveyed area. Located submerged resources were photographed,the approximate percent of coverage was quantified,and their approximate location was delineated on an aerial photo and then confirmed via handheld GPS(Garmin Model 72 H). A half meter square quadrant, further broken into sections to make coverage estimates more measureable was used on site. Random placements of the quadrate were done within observed seagrass beds and the individual results were compiled into an average estimated coverage for the seagrass beds. The findings are shown on the attached exhibit. 4.0 RESULTS The survey was completed on June 23, 2015, during a high tide which resulted in no observed resources within the riparian rights of the subject property. Further investigation into documenting the conditions of the area revealed that, although the water is very clear, the area is fairly deep not far off the seawall, not allowing for light penetration to foster the growth of seagrasses. The substrate found within the surveyed area included two similar classifications; sand and a silt/sand material. The shallow area from the seawall waterward was identified as Page 2 of 4 Aik GATLIN DOCK SUBMERGED RESOURCE SURVEY JUNE 2015 • being made up of the silt/sand material with shell/oyster debris and the remaining area consisted of the sand material. Numerous marine species were also observed during the survey. A list of these species has been prepared and is provided below as Table 1. Table 1—Observed Marine Species peci es Common Name Scientific Name Mangrove Snapper Lutjanus Griseus Sheepshead Archosargus Probatocephalus Striped Mullet Mugil Cephalus Glass Minnow Anchoa Mitchilli 5.0 CONCLUSIONS Overall there are no resources observed at the site. Water clarity was good and the proximity to Capri Pass ensures that good flushing occurs within this area. The lack of resources is likely due to the depths at the site. • It is Turrell, Hall & Associates, Inc. opinion that the proposed dock configuration has minimized impacts to the fullest extent possible as there are no resources present in the vicinity of the existing dock and its proposed modifications. • Page 3 of 4 GATLiN DOCK St tR%1FRGFD RESOURCE SURVEY iiu 2015 I • • • Sand and shell hash substrate Page 4 of 4 • SPECIAL TREATMENT PERMIT I N • co n2. Friday,July 31,2015 GREGORY A MET(aA'l1.iN j ! 172 W PALO PALO DR NAPLES,FL 34113 I i RE: Special Treatment Permit N .PL20150001838 Property Q)P 62392280007 To Whom it May Concern: Your request for a special treatment(S1)daelopment permit for the draw r*mnoad property has been r latrett eAr approved pursuant to section 4.02.14 and 2.03.07.D at the Collier Conte Lend Dmelopment Code(MC).The attached eke pion identifies alts alterations authorized by this permit. The following etipuW$ons she.apply: 1. Nano lemma of a certlirtde of occupency(CO)ell prohibited goodie vepstetlon,as dirtied In Division 3.06.06 LOC,steal be named troy the property. • Parks ar kittens of exemption tom the Florida Department of Enreonrnentat Protection and the U.S.Amy Carps of Engineers obtained. If you ham any questions rep/ding this matter,pleas fad testa contact ms at Phone: (236) 2467 or dmidenthongloolliagoanet. Sincerely, 42;reherwist Senior Errvtonment Environmental Rearm Section Growth Management Department C PL20160001898 fie Clerk Tuner,2665 Shumrd Oak She,Room 370.0.Tsneheseee,FL 923853000 • 0 ' . : i ;. ' t �vt tt • •i 3 ? '111 "�`".... . .-,- ,,,.:, ,,,,,-.f � ;{' ? � \. ..k. .,. y.i. _,;,,,.:..,.._,ii! ,...,,,..„;‘,4.,,:... 1 , ......,.....y .,.. , W—I R {yvnJ ' ' )t 0410.' V ? t r J. 11!i Iii `�. 3� M1"t-+�L' .T,�•_�Y�?-�� „."'''. • g 411:1:4 I j-),i I,. ,:.'i..? 5 ' jI1i i 1 /�# i • 4 , pt O Z . • � 4. — o . 4, ss: im. 1 -4\00000. • 0 Aig I . , . . ikk, ....A . , $ . . i ifl a t 1g Xi 11 .., .21 1 0 , 0,11101.4•11001141111111(elinanAlm11101-MiLati SNOW soak aritu• 1 i 1 le i 1 Pj i 4 —\ I. M 1 I �- L .. 1 I I r IA s, t _ __ I 1 1.4.1_ 10 1 Y1 6 ;, .es, OZ I n , J 0 1 1 I }. m : .; V ILI 1 0 Z , 0 o i 1 z 0 R . 8 I 1 Pg I o Z � t I i 0 - — i 0 11 ...I 0 ......,__________ _ 6 }. I o d I Q • 1 I .. 0 ( . . . ..„ .1411/ 11 an.. " sy x ox..':. s F 1 It 1 g r y '.: i q i li 2 2 1 k I 11 11 $ $ r Or i r3 11 I 1 ''' r . -- 3 e , Ntoti-saftiwaiiammAMINISMIT-inwrimsttarrniutre CROW waft soNOW . STATE AND FEDERAL PERMITS 4 FLORIDA DEPARTMENT OF /1"n14. . ' RICK SCOTT ENVIRONMENTAL PROTECTION GOVERNOR • South District Office :ARLOS L OPEZ-CANTERA !I y a P.O.Box 2549 LT.GOVERNOR Vallegiartailli Fort Myers,FL 33902-2549 So uth1 istric e?iep state ft us JONATHAN P.S71 Vf?R5ON SECRETARY VIA ELECTRONIC MAIL April 27,2015 Gregory Gatlin c/o Turell,Hall Sr Associates 3584 Exchange Ave Naples FL 34104 kas ten!?turrell-associa tes.com Re: Collier County-ERP File No. 11-0146441-002 Dear Mr.Gatlin: On April 14,2015,we received your request for verification of exemption to perform the following activities: • Remove existing water ward finger pier(90 square feet)and construct a new finger pier(235.1 square feet)that will connect to the existing landward dock (totaling 349.9 square feet of over water structure)at 172 Pago Pago Drive, Naples,Parcel ID 52392280007 in a man altered waterway,Class II Waters, Shellfish Harvesting Prohibited,Section 32,Township 51 South,Range 26 East, Collier County. Your request has been reviewed to determine whether it qualifies for(1)regulatory exemption,(2)proprietary authorization(related to state-owned submerged lands),and (3)federal approval that may be necessary for work in wetlands or waters of the United States. Your project either qualifies or was not applicable for all three authorization types. However,this Ietter does not relieve you from the responsibility of obtaining other federal,state,or local authorization that may be required for the activity 1. Regulatory Review-VERIFIED Based on the information submitted,the Department has verified that the activity as proposed is exempt under Chapter 62-330.051,(5)(b),Florida Administrative Code,from Ill www.dep.state fl.us File Name: Gregory Gatlin FDEP File No.,: 11-0146411-002 Page 2 of 6 • the need to obtain a regulatory permit under part IV of Chapter 373 of the Florida Statutes, This exemption verification is based on the information you provided the Department and the statutes and rules in effect when the information was submitted. This verification may not be valid if site conditions materially change,the project design is modified or the statutes or rules governing the exempt activity are amended.In the event you need to re-verify the exempt status for the activity,a new request and verification fee will be required.Any substantial modifications to the project design should be submitted of the Department for review as changes may result in a permit being required.. Conditions of compliance with the regulatory exemption are contained in Attachment A. General Conditions for Exemptions The following apply when specified in an exemption in Rule 62-330.051,F.A.C.: 1. Activities shall not exceed a permitting threshold in section 1,2 of the applicable Volume II; 2. Construction,alteration,and operation shall not a. Adversely impound or obstruct existing water flow,cause adverse impacts to existing surface water storage and conveyance capabilities,or otherwise cause adverse water quantity or flooding impacts to receiving water and adjacent lands; b. Cause an adverse impact to the minimum flows and Ievels established pursuant to Section 373.042,F.S. c Cause adverse impacts to a Work of the District established pursuant to Section 373.086,F.S.; d. Adversely impede navigation or create a nevi;:tional hazard; e. Cause or contribute to a violation of state water quality standards.Turbidity, sedimentation,and erosion shall be controlled during and after construction to prevent violations of state water quality standards,including any antidegradation provisions of paragraphs 62-4.242(1)(a)and(b),subsections 62 4.242(2)and(3)and Rule 62-302.300,F.A.C.,and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters due to construction-related activities.Erosion and sediment control best management practices shall be installed and maintained in accordance with the guidelines and specifications described in the State of Florida Erosion and Sediment Control Designer and Reviewer Manual(Florida Department of Environmental Protection and Florida Department of Transportation,June 2007),incorporated by reference herein(https /1 WWW,flruitmarg/Gateway/reference.asp?No=lief-02530),and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection,Nonpoint Source • Management Section,Tallahassee,Florida,July 2008),incorporated by reference herein tt s: ww w.flrules.or_ Gatewa referencesas ?No=Ref-02531). ................... .... File Name: Gregory Gatlin FD EP File No.. 11-0146411-002 Page 3 of 6 3.When performed in waters accessible to federally-or state-listed aquatic s p ecies,such • as manatees,marine turtles,smalltooth sawfish,and Gulf sturgeon,all in-water work shall comply with the following. a. All vessels associated with the project shall operate at"Idle Speed/No Wake"at all times while in the work area and where the draft of the vessels provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. b. All deployed siltation or turbidity barriers shall be properly secured,monitored, and maintained to prevent entanglement or entrapment of listed species. c. All in-water activities,including vessel operation,must be shutdown if a listed species comes within 50 feet of the work area. Activities shall not resume until the animal(s)has moved beyond a 50-foot radius of the in-water work,or until 30 minutes elapses since the last sighting within 50 feet.Animals must not be herded away or harassed into leaving.All on-site project personnel are responsible for observing water-related activities for the presence of listed species. d. Any listed species that is killed or injured by work associated with activities performed shall be reported immediately to the Florida Fish and Wildlife Conservation Commission(FWC)Hotline at 1( 4)404922 and IrnperiletiSpeu.stmyFWC;com.Copies of incorporated materials identified above may be obtained from the Agency,as described in subsection 62- 330.01.0(5),F.A.C. • 2. Authorization to use state-owned(sovereign)submerged lands-NOT REQUIRED The activity does not appear to be located on sovereign submerged lands,and does not require further authorization under chapter 253 of the Florida Statutes,or chapters 18- 20 or 18-21 of the Florida Administrative Code. Authority for review-Chapter 253,F.S.,and Chapter 18-21,F.A.C.,and Section 62- 330.075,F.A.C..as required. 3. SPGP Review-APPROVED Your proposed activity as outlined on your application and attached drawings qualifies for Federal authorization pursuant to the State Programmatic General Permit IV-R1,and a SEPARATE permit or authorization will not be required from the Corps.Please note that the Federal authorization expires on July 25,2016, You,as permittee,are required to adhere to all General Conditions and Special conditions that may apply to your project."' A copy of the SPGP IV-R1 with all terms and conditions and the General Conditions may be found at ht • www.sa".usace,arn '.mil Divisions Re tula#v. - source. Authority for review-an agreement with the USACOE entitled"Coordination Agreement Between the U.S. Army Corps of Engineers(Jacksonville District)and the File Name: Gregory Gatlin FDEP File No.: 11-0146411-002 Page4of6 • Florida Department of Environmental Protection,or Duly Authorized Designee,State Programmatic General Permit",Section 10 of the Rivers and Harbor Act of 1899,and Section 404 of the Clean Water Act Additional Information Please retain this letter. The activities may be inspected by authorized state personnel in the future to ensure compliance with appropriate statutes and administrative codes. If the activities are not in compliance,you may be subject to penalties under Chapter 373,F.S.,and Chapter 18-14,F.A.C. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57,F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition,this action will not be final and effective until further order of the Department Because the administrative hearing process is designed to formulate final agency action,the filing of a petition means that the Department's final action may be different from the position taken by it in this notice. Petition for Administrative Hearing 410 A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding(hearing)under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-106.201,F.A.C.,a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number,if known; (b) The name,address,any email address,any facsimile number,and telephone number of the petitioner;the name,address,and telephone number of the petitioner's representative,if any,which shall be the address for service purposes during the course of the proceeding;and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none,the petition must so indicate; (e) A concise statement of the ultimate facts alleged,induding the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action,including an • explanation of how the alleged facts relate to the specific rules or statutes;and File Name: Gregory Gatlin FDEP File No.: 11-0146411-002 Page 5 of 6 (g) A statement of the relief sought by the petitioner,stating precisely the • action that the petitioner wishes the agency to take with respect to the agency's proposed action. The petition must be filed(received by the Clerk)in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard,Mail Station 35,Tallahassee,Florida 32399-3000. Also,a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3),F.A.C.,petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice.Petitions filed by any persons other than the applicant;and other than those entitled to written notice under Section 120.60(3),F.S.must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice,whichever occurs first. Under Section 120.60(3),F.S.,however,any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice,regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing)under Sections 120.569 and 120.57,F.S.,or to intervene in this proceeding and participate as a party to it Any subsequent intervention(in a proceeding initiated by another party)will be only at the discretion of the presiding officer upon the filing of a • motion in compliance with Rule 28-106205,F.A.C. Extension of Time Under Rule 62-110.106(4),P.A.C.,a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may,for good cause shown,grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard,Mail Station 35, Tallahassee,Florida 32399-3000,before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. FLAWAC Review The applicant or any party within the meaning of Section 373.114(1)(a)or 373.4275,F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1)or 373.4275,F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when the order is filed with the Clerk of the Department File Name; Gregory Gatlin FDEP File No.; 11-0146411-002 Page 6of6 Judicial Review Any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S.,by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190,Florida Rules of Appellate Procedure,with the Clerk of the Department in the Office of General Counsel,3900 Commonwealth.Boulevard,MS.35,Tallahassee,Florida 32399-300( and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department Thank you for applying to the Submerged Lands and Environmental Resource Program,If you have any questions,please contact Ryan Snyder by telephone at(239) 344-5695 or by email at ryan.snyd '%Adep.statell.us When referring to the Project, please reference the file number listed above. Executed in Lee,Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Sincerely, der • Environmental Specialist III Submerged Lands and Environmental Resources Program South District Attachment:: 5 project drawing(s) General Conditions for Department of the Army General Permits(SPGP IV-R1) Attachment A CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this document, including all copies,was mailed before the close of business on April 27,2015,to the above listed person(s). FILING AND ACKNOWLEDGMENT T FILED,on this date,pursuant to Section 120.52(7),FS.,with the designated Department clerk,receipt of which is hereby acknowledged. `--nr kilt "-.c.' April 27, 2015 Clerk Date SPECIAL CONDITIONS FOR USE OF THE SPGP IV-RI • 1. The District Engineer reserves the right to require that any request for authorization under this general permit be evaluated as an Individual Permit. Conformance with the terms and conditions of the SPGP IV-RI does not automatically guarantee authorization 2. No activity is authorized under the SPGP IV-RI which may impact a federally listed threatened or endangered species or a species proposed for such designation, or its designated critical habitat. 3. On a case-by-case basis the Corps may impose additional special conditions which are deemed necessary to minimize adverse environmental impacts. 4. Failure to comply with all conditions of the Federal authorizations under the SPGP IV-RI would constitute a violation of the Federal authorization. 5. The SPGP IV-RI is not applicable in the geographical boundaries of: Monroe County;the Timucuan Ecological and Historical Preserve (Duval County);the St. Mary's River,from its headwaters to its confluence with the Bells River;the Wekiva River from its confluence with the St.Johns River to Wekiwa Springs, Rock Springs Run from its headwaters at Rock Springs to the confluence with the Wekiwa Springs Run, Black Water Creek from the outflow from Lake Norris to • the confluence with the Wekiva River;canals at Garfield Point including Queens Cove(St Lucie County); the Loxahatchee River from Riverbend Park downstream to Jonathan Dickinson State Park; the St. Lucie Impoundment (Martin County);all areas regulated under the Lake Okeechobee and Okeechobee Waterway Shoreline Management Plan,located between St.Lucie Lock (Martin County) and W.P. Franklin Lock(Lee County);American Crocodile designated critical habitat (Miami-Dade and Monroe Counties);Johnson's seagrass designated critical habitat(southeast Florida);piping plover designated critical habitat(throughout Florida);acroporid coral designated critical habitat(southeast Florida); Anastasia Island,Southeastern,Perdido Key,Choctawhatchee, or St. Andrews beach mice habitat(Florida east coast and panhandle coasts); the Biscayne Bay National Park Protection Zone (Miami-Dade County);Harbor Isles(Pinellas County); the Faka Union Canal (Collier County);the Florida panther consultation area (Southwest Florida),the Tampa Bypass Canal(Hillsborough County);canals in the Kings Bay/Crystal River/Homosassa/Salt River system (Citrus County); Lake Miccosukee(Jefferson County). 6. No structure or work shall adversely affect or disturb properties listed in the National Register of Historic Places or those eligible for inclusion in the National Register. Prior to the start of work,the Applicant/Permittee or other party on the Applicant's/Permittee's behalf shall conduct a search of known historical properties by contracting a professional archaeologist,contacting the Florida { • Master Site File at 850-245-6440 or e f le dos.state.fl,us The Applicant/Permittee can also research sites in the National Register Information System (NRIS).Information can be found at http://www.cr.nps.gov/nil researchi lf,during the initial ground disturbing activities and construction work, there are archaeological/cultural materials unearthed (which shall include, but not be limited to: pottery,modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the permittee shall immediately stop all work in the vicinity and notify the Compliance and Review staff of the State Historic Preservation Office at 850-245-6333 and the Corps Regulatory Project Manager to assess the significance of the discovery and devise appropriate actions, including salvage operations. Based,on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. In the unlikely event that human remains are identified, they will be treated in accordance with Section 872.05, Florida Statutes; all work in the vicinity shall immediately cease and the local law authority, the State Archaeologist (850-245- 6444), and the Corps Regulatory Project Manager shall immediately be notified. • Such activity shall not resume unless specifically authorized by the State Archaeologist and the Corps. 7 No work shall be authorized under the SPGP IV-RI which proposes the use of prefabricated modules for habitat creation, restoration, or enhancement 8. No activity shall be authorized under the SPGP IV-RI which by its size or location may adversely impact water quality,fish and wildlife habitat, wetlands, or emergent or submerged aquatic vegetation. Where aquatic vegetation is present adverse impacts to aquatic vegetation from construction of piling- supported structures may be avoided/minimized by adherence to,or employing alternative construction techniques that provide a higher level of protection than, the protective criteria in the joint U.S.Army Corps of Engineers'/National Marine Fisheries Service's "Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat U.S.Army Corps of Engineers/National Marine Fisheries Service August 2001." (See l�ttp://www.saj.usace,army.mil/DivisionslRe Main y sourcebook.ht i Unless otherwise specifically approved by the National Marine Fisheries Service, where aquatic vegetation is present, piling-supported structures authorized under the SPGP IV-R1 must comply with,or provide a higher level of protection than, the • criteria contained in the referenced construction guidelines. Additionally, because of concerns about adverse impacts to the endangered Johnson's seagrass • (Halophila johnsonii), piling-supported structures in the lagoon(as well as canal) systems on Florida's east coast from Sebastian Inlet (Brevard County)south to and including central Biscayne Bay(Miami-Dade County)must also comply with,or provide a higher level of protection than, the criteria contained in the construction guidelines titled "Key for Construction Conditions for Docks or Other Minor Structures Constructed in or Over Johnson's seagrass (Halophila johnsonii)National Marine Fisheries Service/U.S. Army Corps of Engineers-February 2002." (See http://vvww.saj.usace.army.mil/Divisions/Regulatory/sourcebook.htmL Note: Both of the Construction Guidelines may be subject to revision at any time. It is our intention that the most recent version of this technical tool will be utilized during the evaluation of each Department of the Army permit application. 9. Prior to issuance of authorization, the dichotomous key titled "The Corps of Engineers,Jacksonville District,and the State of Florida Effect Determination Key for the Manatee in Florida,"dated March 2011, will be used to determine potential manatee impacts.All projects determined to be"may affect" and certain multi-slip facilities determined to be"may affect, not likely to adversely affect" will be sent to the Corps for consultation with the U.S. Fish and Wildlife Service in accordance with the Endangered Species Act. Note: The manatee key may be subject to revision at any time. It is our intention that the most recent version of this technical tool will be utilized during the evaluation of each Department of the Army • permit application. The current version can be found on the Jacksonville District Regulatory Home Page at: tttpJ/www.saj.usace.armv.mil/Divisions/Regulaktryj sourcebook.htm 10. For projects in waters accessible to sea turtles,Small tooth sawfish, Gulf sturgeon,or Shortnose sturgeon, the permittee will utilize the "Sea Turtle and Small tooth Sawfish Construction Conditions" (see h .: www. •'.usa •. �i ,�'1/D ion 'e x _ ory .urce•.ok. • and any added requirements,as appropriate for the proposed activity. Note: These conditions may be subject to revision at any time. It is our intention that the most recent version of these conditions will be utilized during the evaluation of the permit application. 11.With respect to bald eagles, the permittee should refer to the US. Fish and Wildlife Service's "National Bald Eagle Management Guidelines," dated May 2007 (see h •I/www fws. ovfnorthflorida/Bal F l;les/bald-eagles htm)for guidance and clearance. Note:The preceding should be considered an interim condition,after which, new rules may be promulgated. It is the Corps' intention that the most recently approved version of these conditions or ensuing rules will be utilized during the evaluation of permit applications under this general permit. 12. For projects authorized under this SPGP W-R1 in navigable waters of the U.S., the permittee understands and agrees that, if future operations by the United States require the removal,relocation, or other alteration, of the structures or work herein authorized, or if,in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby,without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 13.The SPGP N-R1 will be valid for five years from the date of issuance unless suspended or revoked by issuance of a public notice by the District Engineer. The Corps,in conjunction with the Federal resource agencies, will conduct periodic reviews to ensure that continuation of the pemlit during the five-year authorization period is not contrary to the public interest. If revocation occurs, all future applications for activities covered by the SPGP IV-R1 will be evaluated by the Corps. 14. If the SPGP IV-R1 expires or is revoked prior to completion of the authorized work,authorization of activities which have commenced or are under contract to commence in reliance upon the SPGP IV-R1 will remain in effect provided the activity is completed within 12 months of the date the SPGP IV-R1 expired or was revoked. • 15. The General conditions attached hereto are made a part of this permit and must be attached to all authorizations processed under this permit. BY AUTHORITY OF THE SECRETARY OF THE ARMY: J Ad A.Pantano,Jr. Colonelfrel,U.S.Army District Engineer I F 411111 I s ATTACHMENT A 62-330.051 Exempt Activities. • The activities meeting the limitations and restrictions below are exempt from permitting. However,if located in,on,or over state- owned submerged lands,they are subject to a separate authorization under Chapters 253 and 258,F.S.,and Chapters 18-18, 18-20, and 18-21,F.A.C.,as applicable. (5)Dock,Pier,Boat Ramp and Other Boating-related Work— (b) Installation of private docks, piers, and recreational docking facilities, and installation of local governmental piers and recreational docking facilities,in accordance with Section 403.813(1 Xb),F.S.This includes associated structures such as boat shelters, boat lifts,and roofs,provided: 1.The cumulative square footage of all structures located over wetlands and other surface waters does not exceed the limitations in Section 403.813(1 0),F.S.; 2.No structure is enclosed on more than three sides with walls and doors; 3.Structures are not used for residential habitation or commercial purposes,or storage of materials other than those associated with water dependent recreational use;and 4.Any clock and associated structure shall be the sole dock as measured along the shoreline for a minimum distance of 65 feet, unless the parcel of land or individual lot as platted is less than 65 feet in Iength along the shoreline,in which case there may be one exempt dock allowed per parcel or lot. I Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 403.805(1) FS Law Implemented 373.406, 373.4131, 373.4145, 373.415, 403.813(1)F3 History-New 10-1-13. • } • t�#M Alp IloLL'A n Mrainfri+rwrLr RECEIVED ,.onf 14 W IP a U", -011r7(7c:Nalral°7 . v. fig 0 ,, hp 24 r II!ij: - ....i.;I; Ili -. > 11 M 1:' 111- 1111111111 r itig-j 0 111- , . , M iligr ii iiii. 11 ° 4 71 un > 14 1 .V r -I ail \, i r . . 11 i , _ i(_. _ . 0 - Z A ''' if\ > z - c.._.,) oo 11 I 1 4.. . . _ 1 1 0 k ,,,. '-,.. , .4 _ _ ...., fiot , , . _ . .t'? . • 1 1111 0 ' E:: , n iiiii . . 6iiiGE. - it.'-,,, lilt 10000- . '' `' .. 4 i t ■ • 11111 �4: r,,a - +� r-e-t'. ../;.v.,,,, ,‘ / 4 . 9 RECEIVED ''pg 14. 2Q5 % . , *" -u-"..----, -',7,.._.." .. "... I ..4, t ti ,H# fig \ , 0 ; ca::„. . 1,,,;_ ti� i' . ' a � � ; ll, 1 ,%, %,\,..1� �w � t , x r , )1004;.-,* _0 r"".7'"... 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Lir-1. 1 I iiii GGGG�i a� 11111 « ilia M 6 r- it ,e e I • SURVEY � 1 1 I I I I I I I i I I I I I A I I I � � I � 1 I i I f I � 1 C/LCENTERLINE We CCCRER MCHUMEr T BC= A10( LEGEND MO.NATIOIAL 04109 C RA, RAMOS RCM* A CHM)CB.CHORD BEARING ��wL 0A1UM Cr 1929 R/R RIGHT N RAY �� CL.CHAIN!MR NNRE,SS OTHERWISE NOTED) SCR C 440 FOUND IRON CM- CONCRETE MONUMENT Nei NAIL 4 0 Sow SIOEw _,.- MORE CR LESS C1NC. 1E P Epp Nor TO SCALE CO R-�R 110ET'MN a POSER NE p_0� PERMANENT SS SAWTMY gTETE /p DE-DRAINAGE CONTROL POINT ISM 101WI9 TEMPORARY REBAR CAPS) d1.C ILL H r q PONY OF INTERSECTION CTV CABLE IOIMOW -1- 1EIEPN1NE UNE DR-DRAINAGE P1.3 PROFESSIONAL LAND 5J8 t OR AC AA CONDITIONER DRIVE WAY P'O9 PONT OF eELMINNa U/G lanival AFP APPROXIMATES ESITT■[AMOR PERMANENT ECCMMDRCEI/FNr ur uTMiTMY EASEMENT /p WHO BUt10R'�EATp =FINISHED ELEVATION PNfpTT PAVVEMEIIITTANOREE17iE7VCE MOMROrr RIO WOOD \S, I _ 1Ne FITNESS MCMR1ENT BLS BLaac O NNW co-MEN)14101 D GAM REC RERA OR RAKE R"E TRANSfTRvE� FFT ...•-• Sp, / PPE i?jY NNN TBM .. N EL-4.68 60 or.S.1 / PGA VR``l� li b. 9, 141 GO P N/ RRoo NON / g0 Cpl t,P12A3• /`,f S -_ '65y yA3, ..fgCm■MII � 1O Nu 0401• 1 `�I ', SEPTIC �O''�� Re III IL MULTI FLOW" o. y/9` vp....∎ LOT 191 T` LOT 190 / /ne)1f0 D ,I I`, I' ,m7. III, O N IN-1`,I,I' . n a o Pxt^ LOT 192 0151‘ 1N N1n . ------= 1-1.e.:$2. p :', `�/Ae y1PU' CAP EL-3.42' x,. x��p�� c Has �� /�//'/ J' 'I,C�,Rp,S GEi 4, k 040 Nt <J MARUN BAY lA TOP STATE OF FLORIDA) cAO�_SAO, COUNTY OF COLLIER) 1, Dennis M. Portella. Sr., a Registered Land Surveyor in the State of Florida, hereby certify to its successor and assigns, Berry&Greusel P.A. Attorney at Law, Attorney Tale Insurance Fund, Inc. and to Wayne&Kathleen Wlelgos LOT 191, ISLES OF CAPRI UNIT 2, as recorded In Plot Book 3. Page 48or�atng plat represents a survey of the }allowing deaaibed premises. of the Public Records of Collier County, Florida. That a survey of the above described property was made under direction and meets the Minimum Technical Standards ere per Chapter 61617-6 Florida Administrative Code, pursuon Section 472.027,Florida Statutes. There are no visible encroachments other than shown, no easements or claims easements of which we have knowledge. No title search has been mode by the surveyor.No attempt hos been made to locate footers beneath the surface. Street Address Is Pago Pago Drive.Naples, Fl. Bearings conform to Plat Book 3, Page 46 Elevations are N.G.V.D. run M from BM COL-18 Property is In Flood Zone 'AE" 100-year flood Eevotton Is 11.0' I I REVISIONS it BOUNDARY SURVEY PRIEPARM FOR FB 1093/42 15123.DWa BU-53 BU-se DU-72 0-2(L-1) CHRIS MIDOLEBROOK Fa 1101/9s RF1.9D AU0.25•ieee TO 9105 Kw SEA-WALL re 1113/34 REVISED 11/12/90 10 SHOW s1EM-RA L LOCATION. � 't'A-RO1B ASSOCIATES, INC. LB #5129 Dennis M.;P'.e. ells, Sr.PIS#4504 REMSED F®,1,1999 TO SHOW FOUNDATION SURVEY 2384 LMW000 AVE. NAPLES,FL 34112 Not valid Ignlees signed and seated F91118/61 SCALE I.-20' DATE SEPTEMBER 29 1999 with embodsed seal. REVISED 9/29/99 ip_SHOW PNAL SMRVET 1127/35 Q-t (941)775-6511 I Ci (e-r County Pre-Application Meeting Notes Petition Type: Boat Dock Extension Date and Time: Thursday,May 28,2015 1:30 PM-2:30 PM Assigned Planner. Eric Johnson Engineering Manager(for PPL's and FP's): Project Information Project Name: Isles of Capri at 172 Pago Pago Dr W (BDE) PL#: 20150001141 (BDE) Property ID#: 52392280007 Current Zoning: RSF-4 (water is A-ST) Project Address: 172 Pago Pago Dr W a-+ty: Naples State: FL zip: 34113 Applicant: Turrell, Hall &Associates, Inc. • Agent Name: Jeff Rogers Phone: (239) 643-0166 Agent/Firm Address: 3584 Exchange Ave# B c;ty, Naples state, FL zip, 34104 Property Owner: Greg & Janet Gatlin Please provide the following,if applicable: I. Total Acreage: 0.18 ii. Proposed##of Residential Units: n!a Ili. Proposed Commercial Square Footage: n/a iv. For Amendments,Indicate the original petition number: n/a v. if there is an Ordinance or Resolution associated with this project,please indicate the type and number: n/a _ vi. If the project is within a Plat,provide the name and AR#/PL#: ISLES OF CAPRI NO 2 LOT 91 Plat Book 3, Page 46 • Rev 4/1/15 Gabber County Pre Application Meeting Sign-in Sheet - PI-#: Collier County Contact Information: Name Review Discipline Phone Email Richard Anderson Environmental Review 252-2483 richardanderson@colliergov.net ❑ David Anthony Environmental Review 252-2497 davidanthony@colliergov.net O SummerAraque. Environmental Review 252-6290 summerbrownaraque @ colliergov.net ❑ Steve Baluch Transportation Planning 252-2361 StephenBaluch @colliergov.net ❑ Madelin Bunster Architectural Review 252-8523 madeiinbunster @colliergov.net ❑ Mark Burtchin ROW Permitting 252-5165 markburtchin @colliergov.net 0 George Cascio Utility Billing 252-5543 georgecasdo@colliergov.net ❑ Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heidiashton@colliergov.net 0 Sue Faulkner Comprehensive Planning 252-5715 suefautkner@colliergov.net ❑ Eric Fey,P.E. Utility Plan Review 252-2434 ericfey @colliergov.net O Paula Fleishman Impact Fee Administration 252-2924 paulafleishman @collergov.net • ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michaelgibbons @colliergov.net ❑ Nancy Gundlach,AICP,PIA Zoning Services 252-2484 nancygundlach @colliergov.net ❑ Shar Hingson East Naples Fire District 687-5650 shingson @ccfco.org O John Houldsworth Engineering Services 252-5757 johnhouldsworth@coliiergov.net ❑ Jodi Hughes Transportation Pathways 252-5744 jodihughes @colliergov.net ❑ Alicia Humphries Right-Of-Way Permitting 252-2326 al iciahumphries @ colliergov.net 0 Marcia Kendall Comprehensive Planning 252-2387 marciakendall @colliergov.net w 'S❑ eedlarvi,P.E. Transportation Planning 252-5849 reedjarvi@colliergov.net tephen Lenberger Environmental Review 252-2.915 stevelenberger@colliergov.net ❑ Paulo Martins Utilities 252-4285 paulomartins@colliergov.net ❑ Thomas Mastroberto Are Safety 252-7348 Thomasmastroberto @ colliergov.net O Jack McKenna,P.E. Engineering Services 232-2911 jadcmckenna@colliergov.net ❑ Matt McLean,P.E. Principal Project Manager 252-8279 matthewmclean@colliergov.net O Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz @ collergov.net ❑ Michele Mosca,AICP Impact Fee Administration 252-2466 michelemosca @colliergov.net ❑ Annis Moxam Addressing 252-5519 annismoxam @colliergov.net ❑ Mariam Ocheltree Graphics 252-2315 mariamocheltree @coiliergov.net ❑ Brandy Otero Transit 252-5859 brandyotero@colliergov.net O Bill Pancake North Naples Fire District 252-2310 billpancake@colliergov.net ❑ John Podczerwinsky Transportation Planning 252-5890 johnpodczerwinsky @ colliergov.net • Rev 4/1115 4;T Ci!1YYer County ❑ Brandi Pollard Utility impact fees 252-6237 brandipoilard @colliergov.net Fred Reischl,AICP Zoning Services 252-4211 fredreischi@colilergov.net ❑ Brett Rosenblum,P.E. Stormwater Plan Review 252-2905 brettrosenblum @coiliergov.net ❑ Michael Sawyer Zoning Services 252-2926 michaelsawyer@cof liergov.net ❑ Corby Schmidt,AICP Comprehensive Planning 252-2944 corbysthmidt@colliergov.net ❑ Chris Scott,AICP Planning and Zoning 252-2460 chrisscott@coiliergov.net ❑ Daniel Smith,AICP _Landscape Review 252-4312 danielsmith @coiliergov.net �[ Scott Stone Assistant County Attorney 252-8400 scottstone@coiiiergov.net ❑ Mark Strain Hearing Examiner/CCPC 252-4446 maricstrain @coliiergov.net . ❑ Carolina Valera Comprehensive Planning 252-8498 carolinavalera @colliergov.net ❑ Kris VanLengen Utility Planning 252-5366 krisvanlengen @colliergov.net ❑ Jon Walsh Building Review 252-2962 jonathanwalsh@colliergov.net ❑ David Weeks,MCP _ Future Land Use Consistency 252-2306 davidweeks @colfiergov.net ❑ Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@coliiergov.net ❑ Christine Willoughby Planning and Zoning , 252-5748 ChristineWilioughby @colliergov.net Additional Attendee Contact Information: Name Representing Phone Email `� G `?Olt��Cat) ZaA)i4.4 gviceS al3/ ZirGNTbtfit4AJ@ eollteer v..lrtt c►cJtr( ea s , �n c� izoi. CA t-1,r t6e A S le 0 0,41c4.-1,..----' ,z.r S -4-rP 11 r de ?3°r r i-fig/lab $c —ii— i,-),,s, )4r1e(1E t`&c ks Tur mt.I!Ik i(a ssoccatls °23o ,; Anti lcC0furrdI-aSSoc_3c . (ran • Rev 4!1/15 F Co filer County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coUiergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for. ❑ Dock Extension Boathouse Chapter 3 B.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. NOT REQUIREMENTS FOR REVIEW COPIES REQUIR REQUIRED Completed Application(download current form from County website) 6 ❑ Signed and Sealed Survey g:/- 1:1 Chart of Site Waterway ® ❑ Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank,seawall,or rip-rap revetment); ❑ • Configuration,location,and dimensions of existing and proposed 6 • facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property;and • Illustration of dock facility from both an aerial and side view. Affidavit of Authorization,signed and notarized 1 (j ` El Completed Addressing Checklist 1 ❑ Electronic copy of all required documents *Please advise:The Office of the Hearing Examiner requires all materials 1 [/ ❑ 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. • 6/3/2014 Page 6 of 7 91itE1 C vinnty • COLDER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.cailiergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETl71ON 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 ❑ Graphicr Mariam Ocheltree ❑ Gty 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 Ahmed - ❑ 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 0_ Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky ❑ Other: ❑ Utilities Engineering:Kris VanLengen FEE REQUIREMENTS: 0 Boat Dock Extension Petition:$1,500.00 0 Estimated Legal Advertising fee for the Office of the Hearing Examiner.$925.00 0 An additional fee for property owner notifications will be billed to the applicant prior to the • Hearing Examiner hearing date. As the authorized agent/applicant for this petition,I attest that all of the information indicated on this checklist is included in this submittal package.I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Signature of Petitioner or Agent Date • 6/3/2014 Page 7 of 7 o' #er County • Meeting Notes • I it• "rag 'f !.a44. -.� `%ate '.0 .. iii...► • r i � f i _teat �J.►'�a_,�L�Q� ' ' Q.I..L,�, • y1 s ♦ _ .• / r 0 ,op •1.6' eve , ' J / - _A . _..�1 _,..1.`.-.. .. .� .�..�..,.�� / �k • • • Rev arms • • iiiI 1111. *s 6 2 ,, . 2 CL z -)till, LL' J (VJ 0 co -*- L 0 V — `. , Z z NO Q a . .,r s 'I. ..2 t t" _.- _ A. 0 I 4 . A. ' ft j ,,,,,4-s, 4,-. ,....., . . Al I/ s,1 'Ahl1/4 ... ,t, . i w R{16t 4-0MrAomnCADviHi EfWERHT-STATfl/6114TATEAq 1111602041 DOCKS W20t6 .�'� TURRELL HALL & ASSOCIATES, INC. • MARINE&ENVIRONMENTAL CONSULTING 3584 Exchange Avenue•Naples„Florida 34104-3732.239-643-0166•Fax(239)634-6632•nma@nurell-associates.com October 1,2015 Eric Johnson Growth Management Division Planning&Regulations 2800 North Horseshoe Drive Naples,FL 34104 RE: RAI Response for Petition#PL20150001638 Dear Eric, Per the request of county staff please see attached copy of our responses to all the questions and clarifications for the above referenced BDE petition. I have attached the revised BDE application and associated criteria with all the requested changes along with the updated exhibits. Upon your review of our responses please let me know if there is anything else that you need for your review. If • you have any more questions or concerns please feel free to contact me at the above letterhead phone number or email Jeffri,Turrell-associates.com Regards, eff Rogers Project Manager Turrell,Hall&Associates,Inc. • TURRELL HALL ■ AS SOCIAI'ES INC. MARINE&ENVIRONMENTAL CONSULTING 3584 Exchange Avenue•Naples,Florida 34104-3732•239-643-0166•Fax(239)634-6632•tone arrell-associates.coza October 1,2015 Eric L Johnson Growth Management Dept 2800 North Horseshoe Dr Naples,FL 34104 RE: BD-PL20150001141/Gatlin Dear Erick: The following is in response to your email RAI dated September 11,2015. Correction Comment 1: Include"BD-PL20150001141"next to FOR PETITION NUMBERS(S)on the affidavit of authorization(Ch 3.B.11 of the Administrative Code). The County Attorney's Office will determine if Mrs.Gatlin needs to sign as well. • Please see attached updated affidavit of authorization. Correction Comment 2:, On page 3 of 7 of the application,please modify the land use of the adjacent property to the north to also include`Might-of-way for Pago Pago Dr W...". Please see attached updated BDE application. Correction Comment 3: On the drawing labeled Existing Aerial,please indicate the protrusion of the existing docks. Also,please correct the address on this drawing to indicate 172 Pago Pago Dr West Please see attached updated exhibits. Correction Comment 4: On the drawing labeled Existing Aerial,it shows a white structure,which protrudes farther in the waterway than the illustrated dock. What is this white structure? The white structure is part of the existing docking facility. It's a catwalk utilized to clean the outside of the vessels stored on the existing boatlift. • Gatlin Dock P120150001141 • Page 2 of 4 Correction Comment 5: The drawing labeled Existing Aerial depicts mean low water(MLW),but it also needs to indicate mean high water(MEW)as well. The water depths are referenced to the MLWs as shown hi the exhibit.The MHWL and MLWL elevations are referenced in the notes box. Correction Comment 6: On the drawing labeled Existing Aerial,please indicate the width of the lot. Please see attached updated exhibit with width of waterway shown(sheet 6 of 6) Correction Comment 7: On the drawing labeled Cross Section,please indicate the farthest extent of the stairs and dock It appears the drawing is dimensioning to the center of the support piling rather than the outermost surface of the facility. Please see attached updated exhibits showing the farthest extension of the dock.(sheet 5 of 6) Correction Comment 8: On the drawing labeled Cross Section,please indicate the property line. • Please see attached updated exhibit of the cross section showing the property lines(sheet 5 of 6) Correction Comment 9: If the design is for two(2)boat slips,why does the application indicate only one(1)vessel would be moored? The additional pier is for the launching of kayaks only and not for boat mooring. Correction Comment 10: In the narrative under primary criterion#5,please indicate your guess of the length of the vessel on the neighboring property. The length of the neighboring vessel is approximately 30 feet. Correction Comment 11: One of the drawings needs to indicate the distance of the navigable channel. The subject dock is located within Marlin Bay a man-made waterway that does not have any established navigational channel or associated markers. The proposed dock expansion will not increase the existing protrusion measurement into the waterway therefore the approval of this request will not create any navigational issues. Gatlin Dock PL20150001141 Page 3 of 4 Correction Comment 12: • One of the drawings needs to illustrate the contour of the property. This is a single-family zoned lot which current has a house on it and therefore a contour map should not be required for the uplands when the applicant is proposing to expand the existing docking facility. Correction Comment 13: All dock facilities,regardless of length and/or protrusion,shall have reflectors and house numbers,no less than four(4)inches in height,installed at the outermost end on both sides. Include a note. Please see attached updated exhibit with notes added to all the proposed drawing exhibits. Correction Comment 14: On the Proposed Cross Section,please include an illustration of the proposed vessel in the water. This drawing will demonstrate the proposed location and its protrusion is the minimum needed to accommodate a floating boat at low tide. The proposed pier is for kayak launching only. No vessel is proposed to nor will be moored on the outer most western side of the docking facility. Correction Comment 15: Provide information regarding the dock facility in close proximity of subject property and the total protrusion of it into the waterway. • Please see attached exhibit,sheet 6 of 6. Rejected Review: County Attorney Review Reviewed By: Scott Stone Email: EricJohnson®colliergov.net Phone#: (239)252-2931 Correction Comment 1: Your response to Primary Criteria#1 indicates that the proposed dock has 2 boat slips,but the Site Plan only shows one boat lift.On the Site Plan,label the approximate dimensions and locations of the proposed 2nd boat slip(Depending on the location and dimensions,this may affect the overall protrusion of the boat dock facility) There is only one vessel proposed to be moored at this docking facility as it is today. The requested BDE is to lower the existing deck elevation of the outside portion of the docking facility for the proposed kayak launch as well as construct a safe access walkway for the owners to access this area. Correction Comment 2: What is the approximate length(and width)of your 2nd proposed boat?If you don't indicate that now,you may have to come back for another Boat Dock Extension if you eventually get a 2nd boat.This application is being evaluated on the assumption that there is only one 27-foot boat.A 2nd boat may affect staff's analysis and change your responses to the boat dock extension criteria. I • li Gatlin Dock PL20150001141 • Page4of4 The 27 foot vessel will remain.No additional vessels will be moored.The proposed pier is for the sole purpose of launching kayaks. Correction Comment 3: Note--the waterway has a Special Treatment overlay,so this will also require a ST Permit. An ST permit has been issued for the proposed dock.ST#PL20150001638 See attached exhibit Correction Comment 4: Provide an Affidavit of Authorization signed by the owner(s),indicating the name of the agent authorized to act on their behalf. Please see attached updated affidavit of authorization. Upon your review of above responses please let me know if you have any additional questions or need further clarification. Thanks, ti ff Rogers • Project Manager Turrell,Hall&Associates,Inc. JohnsonEric I�I 4trom: Jeff Rogers <Jeff @turrell-associates.com> ent: Tuesday, November 17, 2015 3:07 PM To: JohnsonEric Cc: StoneScott Subject: RE: Gatlin Dock (BD-201500001141) • Eric, Yes,the existing dock is 352 square feet. With the proposed reconfiguration the dock will be 498 square feet in total once its complete. Let me know if you have any other questions,thanks. Regards, Jeff Rogers Project Manager Turrell,Hall&Associates,Inc. Marine&Environmental Consulting 3584 Exchange Ave.Ste.B. Naples,FL.34104-3732 Phone:(239)643-0166 Fax:(239)643-6632 Web:www.turrell-associates.com 7HF INiUFMA1YON CONTAINED IN THIS TRANSMISSION is 1N lr tv'tiD ONLY FOR HE, USE r THE INDIVIDUAL OR ENTITY TO NH1;:H iT IS r.L' -FS‘,HD AND MAf (..d1r, PJ INFORMATION THAT IS SR V ILEC,E•D CONFIDENTIAL, WORK PR :NCT AND/OR EXEMPT FROM DISCLOSURE UNDER APPLICADLE LAW. :F THE REASER CT THIS MESSACE IS NOT THE INTENDED R`CIPIEN_ OR THE EMPLOYEE OR AUDNT RESPONSIBLE FOR DE., \ERINC; IT TO THE INTENDED RECIPIENT', YOU ARE HERESY NOTIFIED TILAT ANY DISSEMINATION, DISTRIBUTION OR CCFIING OF THIS CGMY,UNICATION IS PROHIBITED. IF YON HAVE RECEIVED THIS CCMWUIICATION IN ERROR, PLEASE NOTIFY US BY TELEPHONING US COLLECT) AND RETURN THE ORIRiN._:,MESSAGE TD CS AT THE ADDRESS ABOVE AT OUR EXPENSE. From:JohnsonEric [mailto:EricJohnson @colliergov.net] Sent:Tuesday, November 17,2015 2:50 PM To:Jeff Rogers<Jeff @turrell-associates.com> Cc:StoneScott<ScottStone @colliergov.net> Subject:Gatlin Dock(BD-201500001141) Jeff, Is the existing dock 352 square feet? Respectfully, Eric L.Johnson,AICP,CFM Principal Planner Growth Management Department-Planning&Regulation Zoning Division-Zoning Services Section 00 North Horseshoe Drive aples,FL 34104 phone:239-252-2931 fax:239-252-6503 1 LEER GREEN Co er County • ASSOCIATE 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. • lI i • 2 is Yi �' 1.i..gligill t id j Vail" zit :F 'a'•Z`. <i° p1gj! t, e- •t$ C € i 9pi1 o ° r lid a�.:i% • 3 f 9ai b= 00°r- F- U 2S°o r rszr Y< F Y 9 n r g€j l9 J 0 i411 �s J 3<e�ioz° aid a i U < V 9 3^ '� O Z ec v- 41,0- � S t'11 ! ! j!! 0 8i 1 Jai S; r�<.g` != .Z jj r��'.Co�xr r Igr 7 • r_ Q Et 11; 4YL'i-sll>' <4S 8 E _ ; S .- _• zo ' <z Woc P =. : 8 6�<<9i 30` E: �! c ti .r9.PcicEe F. `off Y < 4ii=3 r NI %A riii,,, Arai . .--.,, „. ,r,., 1.6.1 . in 1 <A..,„. u ,-.-:,-Al--lc, ors INN'1 ,/ii,41kr. ...., 4 /LPNIA,' 1 Li ! nil(rem, ,,. ....,,,,f4, -'0--\ .. 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Hearing Examiner(HEX)at 9:00 A.M., on Thursday, December 10,2015; - - ;;.., in the Hearing Examiner's Meeting Room, at 28.00:North Horseshoe Drive : Room 609/610, Naples FL 34104,to consider. ';. '•: • • 1 L PETITION NO BD-PL20150001141 1-.Greg* Gatlin...requests an 18.3 5 foot boat dock extension over the maximuin,20 feet-illoWed,br Section;': . { 5.03.06 of the Land Development Code, fof a totat:pretr,usion of r38.3 feet, i to accommodate the expansion of an existingLb.ok dock *Ili*. with One.: boat slip for the benefit of Lot 191; Isles of Capri Unit No.2 Subdivision,also * described as 172 W. Pago Pago Drive, in Section 32,Township 51 Soutti,:, e' Range 26 East,Collier County,Florida. - . ' . ..! i..; - • -:-. a . 4 . ) I ze i g i7 I i, • .." 1 i ill•11 -::;• 'c,. '21:2::-..1 :-;:' •-,;. •i : .: • 11111m 0011. -77—. '-- ' • Ilk ISLE juippo—ii L „ ... 7/ 111110"-^esi",... • 111110 LOCATION III i . • ipx „. . , . . , ,... All intereitod parties are invited to appear and be heard..,All materials used , 4 in presentation before the Hearing Examiner*ill become a permanent part:- . 1 • - of.the record. ,.i -_. Copies of staff report are available one week prior to the hearing. The file can 4,1 be reviewed at the Collier County Growth Management Department,Pping • - b' Division,Zoning Services Sec tion;2800.N6rth Horseshoe Drive, Naples,-FL:: v*- , . - * • ,. •-. . The Hearing Examiner's decision berCOrnee.Onel.on the date rendered.::.If a.:. person decides to appeal any decision made-by the Collier County Hearing.: - I 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 need - tt ,..,. .* to ensure that a verbatim record of the proceedings is made,.which record , .. includes the testimony and evidefpti Upt',which the appeal is to be based . •.• I ',!:t••• '''.*;‘::'-'7,-::4'. '- .- ':.‘•.''i;."`';.5::::,.. ',,.„-:r .,...I-.!,.1.:4•S. , ' - - 7;:,:',.;';..:7`"1-2-:;::.:5:!`r...•::2"..'1 . 1 If you are area person with a disability:whO needs any accommodation.in OrPeiri:l'; to participate in this proceeding;yo4iliel'ntitled, at no cost to Siou;._tii tiii', • A provision of certain assiatance.,..Pleaea,cohlact the Collier County Facilities - I 1 1, Management Division located at-33357Trni&rni Trail East,Suite-lot,.Naples, '. 1 • Florida 34112-5356,(239)252-8380,at least two days prior to the Fieeting...:7 .. : . . _ . .4 • -. - . . . ,.... 1 Mark Strain, V • • ' - ' • ^ Chief Hearing Examiner • q Collier County, Florida. V • 1 - 1 No.800225 November 20.2015 • I Iii JohnsonEric •om: RPRITZEL @aol.com Sent: Tuesday, November 24, 2015 2:45 PM To: JohnsonEric Subject: 172 W. Pago Pago dock extension request I Roger Pritzel of 121 Jamaica Dr live directly across from the subject property. I'm requesting the permit for the dock extension of 18.2 feet be denied. Most of the docks are within the 20' limitation and when I requested a little extra when I rebuilt my dock I was denied which I accepted because I was told there are no exceptions.. I'm requesting this extension be denied. Thank you. • • 1