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HEX Backup Documents 12/10/2015 COLLIER COUNTY HEARING EXAMINER HEARINGS BACK DOCUMENTS 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 SUBMII 1 ED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES: October 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.I.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.1.b 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 façade, to instead allow four total wall signs—one on the northeast building facade facing Radio Road, and three on the southeast building façade 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.l.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] 5. OTHER BUSINESS !' 6. PUBLIC COMMENTS 7. ADJOURN HEX 12-10-2015 ZVL (CUD) —PL20150002365 BEACH Ann P. Jennejohn BREWERY From: Kelly,John Sent: Monday, November 09, 2015 11:28 AM To: Minutes and Records Cc: Ann P.Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; Lang, Ashley; Neet, Virginia; Rodriguez,Wanda Subject: Advertising Request - Naples Beach Brewery-ZLTR (CUD) PL20150002365 Attachments: ZVL-PL20150002365,4120Enterprise-NaplesBeachBrewery-Ad Request.docx;ZVL- PL20150002365, 4120Enterprise-NaplesBeachBrewery-Ad Request.pdf Good morning, Please advertise the Naples Beach Brewery, LLC CUD request for the Hearing Examiner public hearing on December 10, 2015. This ad is to run on November 20, 2015, as per the attached request. Please note that NO MAP IS REQUIRED for this advertisement. Sincerely, John Kelly Manner Zoning Services Section/Zoning Division Growth fManagement Department Phone: 239.252.5719 Fa..• 239.252.6363 E Mail Jofin2(effy @Co(CierGov.net Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Ann P. Jennejohn From: Rodriguez,Wanda Sent: Monday, November 09, 2015 3:00 PM To: Kelly, John; Minutes and Records Cc: Stone, Scott;Ashton, Heidi Subject: RE:Advertising Request - Naples Beach Brewery -ZLTR (CUD) PL20150002365 As no map is needed for this ad, it does not need to be a 1/4 page ad, and may be run in the legal classified section. The title conforms to the one most recently approved by this office, the requested run date is correct, and the ad is otherwise good. Wanda Rodriguez, MCP Advanced Certified Paralegal Office of the County.Attorney (239)252-8400 From: KellyJohn Sent: Monday, November 09, 2015 11:28 AM To: minutesandrecords @clerk.collier.fl.us Cc: Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; LangAshley; NeetVirginia; RodriguezWanda Subject: Advertising Request - Naples Beach Brewery - ZLTR (CUD) PL20150002365 Good morning, Please advertise the Naples Beach Brewery, LLC CUD request for the Hearing Examiner public hearing on December 10, 2015. This ad is to run on November 20, 2015, as per the attached request. Please note that NO MAP IS REQUIRED for this advertisement. Sincerely, John Kelly Planner Zoning Services Section/Zoning Division Growth f11anagement Department Phone: 239.252.5719 Fa.,• 239.252.6363 E Mail. 7ohn7(451@Coltiercov.net 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 ertity.Instead,contact this office by telephone or in writing. 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, December 10th, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples Fl 34104, to consider: 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.1.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.1.b 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. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Acct #076397 November 9, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: CUD-PL20150002365 Dear Legals: Please advertise the above referenced notice on Friday, November 20, 2015 and send duplicate Affidavits of Publication, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500162858 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,December 10, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: 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.La 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. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, November 09, 2015 4:38 PM To: Naples Daily News Legals Subject: CUD-PL20150002365 Attachments: CUD-PL20150002365.doc; CUD-PL20150002365.doc Please advertise the attached legal vtotice ovt Friday, November 20, 2025. Thavtk you. Avtvt Jevtvtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustwtevtt Board Collier Couvtty Board Mivtutes & Records Dept II' 1 Ann P. Jennejohn From: ivonne.gori @naplesnews.com Sent: Thursday, November 12, 2015 4:08 PM To: Ann P.Jennejohn Cc: Ivonne Gori Subject: Ad: 797163, NOTICE OF PUBLIC HEARING Notice is h Attachments: COLLIERCOU-53-797163-1.pdf Attacked is the document you requested. Please review and let us kvtow if you have any questions. Thavtk you. lvovtvte Gori Legal Advertising Specialist 0: 239.213.6061 F: 239.263.4307 E:ivovtvte.gori @NaplesNews.cowt A: 1100 Iwww►okalee Road I Naples, FL 341-1-0 i > Ad Proof Mr- is Battu News kxiL Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.gori@naplesnews.com Date:11/12/15 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:507876(N076397) Please confirm placement prior to deadline by contacting your account Company Name:COLLIER COUNTY HEX rep at(239)262-3161. Contact Name: Ad Id:797163 P.O.No.: Total Cost:$322.15 Email:AshleyLang @colliergov.net Tag Line:NOTICE OF PUBLIC HEARING Notice is h Address:2800 N HORSESHOE DR,NAPLES,FL,34104 Start Date:11/20/15 Stop Date:11/20/15 Phone:(239)252-5851 Fax:(000)000-0000 Number of Times:1 Class:16180-Notice Publications:ND-Naples Daily News,ND-Intemet-naplesnews.com I agree this ad is accurate and as ordered. NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M.,on Thursday,December 10,2015,in the Hearing Examiner's meeting room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: 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.1.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.1.b 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. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you area person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356, (239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida November 20,2015 No.797163 Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Journal Media Group reserves the right to categorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified depart- ment immediately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday, November 12, 2015 4:26 PM To: Rodriguez, Wanda; Kelly,John Subject: FW: 797163, NOTICE OF PUBLIC HEARING Notice is h Attachments: COLLIERCOU-53-797163-1.pdf Hi there, The legal ad (proof) for the Naples Beach Brewery, Petition ZVL (CUD) -PL201500023(5, that will be advertised Friday, November 20, 2015 for the December 10 HEX Meeting is attacked for your review and approval. Please look it over at your earliest convenience avid let wte know if I can give NDN the "O.K." to publish, or if any changes are necessary. Thank you! Ann Jevwtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept Original Message From: ivonne.gori @naplesnews.com [mailto:ivonne.gori @naplesnews.com] Sevtt: Thursday, November 12, 201-5 4:08 PM To: Ann P. Jevwtejohvt Cc: Ivovtvte Gori Subject: Ad: 797103, NOTICE OF PUBLIC HEARING Notice is h Attacked is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist 0: 239.213.100101 F: 23q.263.4307 1 Ann P. Jennejohn From: Kelly, John Sent: Thursday, November 12, 2015 4:55 PM To: Ann P.Jennejohn Cc: Rodriguez,Wanda; Bellows, Ray; Stone, Scott Subject: RE: 797163, NOTICE OF PUBLIC HEARING Notice is h Ann, I have reviewed the provided ad-proof and it is accurate, no changes requested or necessary. It is my uvtderstavtdivtg that Wanda is on currently ovt vacation. I have spoken with both Ray Bellows, Planning Manager, and Scott Stone of the County Attorney's Office and it is ok to request the NDN publish as is. Thank you kivtdl y, John Johvt Kelly Planner Zoning Services Section / Zoning Division Growth Management Department Phone: 23 9.252.5719 Fax: 23 9.252.0363 E-Mail: JohnKel(y @CollierGov.net Original Message From: Ann P. Jennejohn [mailto:Ann.Jenmjohn@collierclerk.cowt] Sent: Thursday, November 12, 2015 4:26 PM To: RodriguezWanda; Kell yJohn Subject: FW: 7971 3, NOTICE OF PUBLIC HEARING Notice is h Hi there, The legal ad (proof) for the Naples Beach T3rewery, Petition ZVL (CUD) -PL2O15OOO23(5, that will be advertised Friday, November 20, 2015 for the December 10 HEX Meeting is attached for your review and approval. Please look it over at your earliest convenience and let me know if I can give NDN the "O.K." to publish, or if any changes are necessary. 1 Ann P. Jennejohn From: Gori,Ivonne <ivonne.gori @naplesnews.com> Sent: Monday, November 16, 2015 9:47 AM To: Ann P.Jennejohn Subject: RE:797163, NOTICE OF PUBLIC HEARING Notice is h Thank you, released. Ivonne Gori Legal Advertising Specialist 0: 23q.213.6061 F: 239.352.1-251- E: ivovwte.gori@NaplesNews.cowt A: 1-1-00 Iwtw►okalee Road I Naples, FL 341-1-0 Original Message From: Avtvt P. Jennejohn [wtailto:Avwt.Jevwtejohvt @collierclerk.cowt] Sent: Friday, November 1-3, 2015 8:05 AM To: Gori, Ivonne <ivovtvte.gori @vtaplesvtews.cowt> Subject: RE: 797163, NOTICE OF PUBLIC HEARING Notice is h Looks great Ivonne! Please publish vtext Friday, November 20, 201-5. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept Original Message Frowt: ivovwte.gori @vtaplesvtews.cowt [wtailto:ivovwte.gori @vtaplesvtews.cowt] Sevtt: Thursday, November 1-2, 201-5 4:08 PM 1 Napirs aiL NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement;and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 797163 NOTICE OF PUBLIC HEA 4500162858 Pub Dates November 20,2015 dG t (Sign ure of affiant) giariffiridbissemahodwidlosar •AIM., IVONNE GORI Sworn to and subscribed before me I ;.r� •••,, This Decembe 16,2015 ' '1 �s Notary Public-State of Florida � ' • '•= Commission #FF 900070 •' My Comm.Expires Jul 16,2019 • 1 ' .161N0' Banded through National Notary Assn. I�1'� '4 (Signatur of affiant) ' • . V22D N Friday,November 20,2015 N NAPLES DAILY NEWS Am Notice Of Sale Notice of,:0,1, Q S 200-CA-00088 2015-CA-0008% VS. defendants. Dwight Brock, Circuit Court of the Twentieth Z before your uheeuled court NTHE CIRCUIT COURT IN THE CIRCUIT COURT JAMES G.WALKR,ET AL. Clerk of Court for COLLIER, Iodide' Circuit in and for I^ appearance,er Immediately OF THE TWENTIETH JUDICIAL OF THE TWENTIETH JUDICIAL DRENDANT(S). County Florida ill II to COLLIER County, Florida. CD upon r my this CIRCUIT,IN AND FOR CIRCUIT,IN AND FOR the K(gs esf and best sbidder HSBC BANK USA.NATIONAL notification H the time before COLLIER COUNTY,FLORIDA CIRCUIT,COUNTY,FLORIDA NOTICE OF FORECLOSURE for h in the LOBBY on ASSOCIATION,AS TRUSTEE Z the scheduled appearance is CASE NO.200-CA-00088 CASE NO.2015-CA-000896 SALE the third floor lobby of the FOR FREMONT HOME LOAN less than 7 days;if you are Courthouse Annex, Collier TRUST 2006-B,MORTGAGE. ss� beerieg erveee impanel,roll WELLS FARGO BANK,N.A.,AS BANK OF AMERICA,N.A., NOTICE IF HEREBY GIVEN County Courthouse. 3315 BACKED CERTIFICATES, L4- 711. TRUSTEE FOR STRUCTURED plaintiff, Pursuant to the Final Tamiami Trail East,Naples, SRIES 2006-8 (hereafter < November 20 & 27, 2015 ASSET SECURITIES Judgment of Foreclosure 2,2015,in Florida 34112,at 11:00 a.m., CYPRESS H"), Plaintiff and Na.775043 CORPORATION(SASCO)207- JAMES KRUEGER A/K/A J.W. dated September 2,2015,in the 7th day of December, CYPRESS GLEN VILLAGE LL BC, KRUEGER A/K/A JAMES W. the above ac ion I will sell to 2015,the following described CONDOMINIUM ASSOCIATION 11-201E CIRCUIT10-0001-XX Plaintiff, KRUEGR;DONNA KRUEGER the highest bidder for c a s h opertyga et forth in said INC A FLORIDA NON-PROFIT I THE COURT OF KATHERINE SHEFFIELD,ET AL. M(/A DONNA I.KRUEGER,ET Dee Collier mberl/,2015 aFlorid0Aon RHITJu NO5e233 IMPERIAL BAl1NATHTIA/K/A PAMEETA IN AND FOP COLLIR COUNTY, Detendanta Defendants f Lobby 3rd Floor Courthouse WILDERNESS D. BAl1NATH; RAMNARINE x C.) FLORIDA NOTICE Oi FORECLOSURE Annex of Collier County CONDOMINIUM, SECTION BAIINATH; CYPRESS GLEN-Q J CIVIL DIVISION SALE NOTICE OF FORECLOSURE Courthouse 3315 E.Tamiami THREE. ACCORDING TO MASTER ASSOCIATION,INC., �yNh19 CASE NO:11-2014CA-001010 SALE Trail,Naples,FL 34112 for the THE DECLARATION OF are defendants. Dwight I W 001-XX NOTICE IF HEREBY GIVEN NOTICE IF HEREBY GIVEN following described property: CONDOMINIUM 0.FFICIAL REECORDS COLLIER,County Florida will >5 NATIONSTAR MORTGAGE LLC pursuant to a Final Judgment pursuant to a Final Judgment THAT CERTAIN CONDOMINIUM BOOK 1368, PAGES 1589, sell to the highest and best t FOreclOSUre dated f FOreelasure dated PACEL COMPOSED OF THROUGH 392]INCCLOSIVE, bidder for cash in the LOBBY W D/8/A November 10, 2015, d November 9,2015,and entered APARTMENT NUMBER Or THE PUBLIC RECORDS n the third floor lobby of the a N MORTGAGE entered in Case No.2009-CA- COMPANY Case No.2015-CA-008%, 4, BEACH WALK. A OF COLLIER COUNTY, Courthouse Annex, Collier 00688,of the Circuit Court of f the Circuit Court of the CONDOMINIUM AND A FLORIDA.TOGETHER WITH County Courthouse, 3315 Q O Plaintiff, the Twentieth Judicial Circuit of Judicial Circuit UNDIVIDED SHARE IN AN UNDIVIDED SHARE IN THE Tamlami Trail East,Naples, ROBERT D.BARSE,et al and for COLLIER County, and for COLLIER County, THE COMMON ELEMTNES COMMONS ELEMENTS AND Florida 34112,at 11:00 a.m., Defendants. Florida. WELLS ASSET Florida. BANK OF AMERICA, APPURTENANT THERETO ALL OTHER APPURTENANCES the 7th day of December V BANK, N.A., AS TRUSTEE N.A.(hereafter"PlahOhtr),is IN ACCORDANCE WITH AND TO SUCH UNIT AS SET FORTH 2015,the following described ,+ NOTICE OF FORECLOSURE FOR STRUCTURED ASSET Plaintiff and JAMES KRUEGER SUBJECT TO THE COVENANTS, IN SAID DECLARATION. property as set forth in said L Q U SALE (SASCO)12007-BCR(hereafter A/K/A J.W.KRUEGER A/K/A RESTRICTIONS, TERMS, TOGETHER WITH A 1996 Final Judgment,to wit: Q "Plaintiff"),is Plaintiff and JAMES W.KRUEGER;DONNA AND OTHER PROVISIONS TRAVEL TRAILER ID NUMBER UNIT NO. 30, PHASE VI, Q ,N NOTICE IS HEREBY KATHERINE SHEFFIELD; KRUEGER A/Ke/A DONNA I, OF THE DECLARATION 6G610A681 TOTER NUMBER CYPRESS GLEN VILLAGE,A eN1 GIVEN•Q ` I 0 Case No. 014-CA.00alO. FIREWATER I CR RESTORATIOF! Dwight of OFFICIAL RECORDS 152 THROUGH If a you individual CONDOMINIUM VM DECLARATION THEREOF 001-XX of the Circuh Court SERVICE INC are defendants. •Il sell to the hghet and bet 1559, INCLUSIVE, OF THE accommodation in order AS RECORDED IN O.R. U 2 Z of the 20TH ludidal Circuit ,°t'eoLUEORCk COUentyo Flory a bidder for sash in the LOBBY PUBLIC RECORDS OF COLLIER to participate a n other court BOOK 3215, FROM TIME in and for COLLIER County, ill sell to the highest and best ^the third floor lobby of the COUNTY, FLORIDA, AND proceeding TO TIME,OF THE TIME Florida wherein NATIONSTAR bidder for cash in the LOBBY Courthouse Annex, Collier SUBSEQUENT AMENDMENTS ,PROyrow,or activity MORTGAGE LLC D/B/A n the third floor lobby of the County Courthouse, 3315 THERETO. you ere en Haled,at no cost RECORDS OF COLLIER CHAMPION MORTGAGE Tamiami hall East,Naples, to you,Be the provision t COUNTY,FLORIDA,AND ALL COMPANY, Plaintiff and Courthouse Annex, Collier •Florida 34112,at 11:0 urn., Any person claiming an ertain assstance.Requests AMENDMENTS THERETO, (/) ROBERT D.BARSE,et. 1., County Courthouse, 3315 the 7th day of December, interest i the surplus from for accommodations may TOGETHER WITH AN e Defendants I will sell to Tamiami Trail East,Naples, 2015,the following described the sale,it any,ther than the be presented n this form, UNDIVIDED INTEREST IN THE the highest bidder for cash Florida 34112,at 11.0 a.m., o opertyy as st forth in said pproperty owner as of the date in another written format,or COMMON ELEMENTS O the 7N day December Fi I Judgment,to wit: f the lis pendens must file a oraly. Please complete the If You an Individual with • C of,the lobby on the 3rd 000. 2015,the fallowing described THE NORTH 10 FEET OF claim within sixty(60)days attached form and^'return N a disability who needs an O Collier County Courthouse. mei of the Courthouse Annex, operty as set forth in said THE WEST 60 FEET OF after the solo. Ty he Court,in to ceVoa.cjis20.ory as far accommodation in order as N Naples,FL.i34112,Tet tlhe hour THE Judgment SOUTH d 1681 IFFY ESTATES,UNIT GOLDEN GATE NUMBER 190, [is discretion of the sale may enlarge of the preferably aat leasts seven(7) proceeding ore other mutt OF TRACT 62, GOLDEN program, t 11:00 a.m.,On the 7 tlay 01 GATE ESTATES UNIT 5, THE EOF.HFT ECORDED TIN publ shed as p ovlde0 heroin. 0asrl alpore your sOr alNc you are en titled at 00 Rest O described property:following ACCORDING TO THE PLAT PLAT BOOK 7,PAGE 100,OF court activity. Upon request to you,to the provision of described property: THEREOF RECORDED IN i edindyi do PLAT BOOK 4,PAGES 91 AND THE PUBLIC RECORDS OF DATED:September 4,2015 by a qualified individual document In fain assistance.accommodations L LOT 0,QUAIL WALK PHASE COLLIER COUNTY,FLORIDA. Dwight E.Brock disability,this document nn O 3,ACCORDING TO THE PLAT CO PUBLIC RECORDS • If you are an individwl with gels/Maria Stocking ill be made available in an be presented on this form, O L.L BOOK THEREOF RECORDED IN PLAT COLLIER COUNTY,FLORIDA a disability who needs n Deputy Clerk of the Court alternate format.If you need in anther written format,or H you are an individual with assistance in completing this orally. Please complete the Q BOOK 26,PAGES C THROUGH If you a who needs n datlon Ina order form du t our disability, anacnea farm and corm H t0, PUBLIC RECORDS OF accom In to participate out Gladstone Law Group,P.A. to t this document crice@co.ciis20.org• 0 .L COLLIER COUNTY,FLORIDA. m datien oeur proceeding or other court 1499 W.Palmetto Park Road, request in rice0ca.iz20.°ryy as far O to participate In a court we or at'vt In an alternate format, in advance possible,but O 0 proceeding r other court are no cost Spite 300 a advan • O U (/) Any person claiming an g ° 0 y you 'entitled,at n cot Baca Raton,FL 33486 please tact Charles(lice, preferably at least seven(7) terest in the surplus from service,pooh activist to you,to the provision of (561)338.4101 Administrative Court Services days before your scheduled -O 0 0 the sale,if any,Other than the you are entitled,at no cost errein assistance.Requests H you re a Deran with 0 Manage (239) 2524800, co rt appearance or other to you,to the provision f i accommodations disability who needs a-mall trice®a.IsGR sae Dort a tivfty. urn r quest 0 Pr p rtLis Pen enof the date train accommodations Requests may y any d g• by a qualified individwl with < < f the Is Pentless mot file far acc °dalions be or n this form, accomm datlon in o der t° claim within 60 days after be presented on this form), i^ Other written format, a r00 0reat entitled,at no 055 Noted this 10th day Of WI bebmade available an the sale. orally. P1 ease c plete the you ar Titled, t no cost November,2015 DATED this 4 day Of or another written format,or attached form a der' turn It to you.to the provision of (SEAL) alternate format.If you need orally. Please complete the to ce00.' 20.or as far certain assistance. Please DWIGHT BROCK assistance in completing this September,2015. attached form and'., Cum N qis Iorm due to disability, DWIGHT E.BROCK In advance possible,but contact ADA Coordinator CLERK OF CIRCUIT COURT your y, C Clerk Circuit Court to llbI ttj1520.0(y as far preferably at leaf seven led Collier County,John Carter, BY:/s/Maria Stocky Clerk to request this document .- By: •/s/Gina Bur O i^ dvance puss hie•but days before your scheduled Administrative Services Al Deputy Clerk please a alternate format, Deputy Ceerk preferably at least seven(7) court o or other Manager at239-251-880,3335 please contat Charles Rice, das before your scheduler court activity.appearance quest East Tamiami Trail,Suite 501, Van Ness Law Firm,PLC Administrative Court Services GREEN of Cypress Ms Creek P.A., court urt activity.a appearance Upon-or other by a qualified individual with Naples,FL 34112 at least 7days 1239 E.Newport Center Drive (239) 252-8800, CO 100 West CypressCreeheTOO by a qualifie individual ml a drbe Toay,this document before your scheduled c rt Suite#110 email vceRa.dis20.prl. CO Trade Centre South 3300e700 11 be made available in an appearance,ai immediately Deerfield Beach,Florida 33442 or •Fort 51.112tlale,Fl 33309 a dise il�y,this document alternate format.If you need upon receiving ing this Phone(954)571-2031 Dated this 10th day of will be made available in an November,2015 954-4911120 alternate format.H assistance in your disability,this notification a the time before Pleadings®raniawfl.cam M you Tees Norm due to yhis document lee scheduled appearance if you is (SEAL) sista00 i0 Yorn ni0 this or to request this document less than T days;if 9 CO IMPORTANT s y n; You ar Any person claiming an Dwight COURT It individual with form due II 50 year diability, i an alternate format. hearing or vaite impaired,all terest In the mllb from CLRK OF THE CIRCUIT COURT request this document I contact Charles Rice, ]31. the i if BY: Stocking you are an in or to g In a dimbilitya who needs n • an alternate format, pease any,other than the Al Deputy Clerk Administrative Court Services November 20 & 27, 2015 property'q as of the date M iotoai'b.ia°nl0a court Dlwse tact Charles Rice, Mandy (239) 252-8900, No.773473 of the Lis Pendens must Re X proceeding aer other °urt M Administrative Court Services email tU Hea.clis2B me claim 01011.,60 days after Van Ness Law Firm,PLC (D service, Manager, (09) 252-8800, 2013-LA-002381 the ale. 1239 E.Newport Center Drive e,program,or activity, coral aiceRa.als20,ag. Dated this 10th day of IN THE CIRCUIT COURT November 20 & 27, 2015 Suite Deerfield 0 you are entitled,at no cost OF THE TWENTIETH JUDICIAL Deerfield Beach,Florida 33442 ~ < U < to Main assistance.Requests Dated this 12th day of (SEAL) 2015 CIRCUIT,IN AND FOR No.793591 Phone(954)571-031 DWIGHT BROCK 2015-CA-001518 for accommodations may be NOVember,2015 COLLIER COUNTY,FLORIDA IN THE CIRCUIT COURT Pleadings van lawfl.com (BEAU CLERK OF THE CIRCUIT COURT CASE N0.2013-CA-002381 • Z N Z allot,"resented on this loan,in Dwight E.Brock BY:/s/Maria Stocking OF THE CRCUTWENTIETH IN ANDJFORCIpI Any •person claiming an writen format, r CLERK OF THE CMRCU1T COURT As Deputy Clerk NATIONASTAR MORTGAGE interest in the surplus from orally.Please complete the By:/s/Maria Stocking LLC, COLLIER COUNTY,FLORIDA the ale,if any,then than the L attached form and return it As Deputy Clerk Plaintiff, CASE N0.2015-CA-001518 property o as of the date m crfce@u.gis20.ory s far Van Ness Law Firm,PLC Lfs Vendors must file O m advance as possible,but 1239 E.Newport Center Drive s' HSBC BANK USA,NATIONAL Van Ness Law Firm,PLC Suite#110 WILLIAM L. PIERCE A/K/A claim within 60 days after preferably at least seven(7) 1139 E.Newport Center Drive Deerfield Beach,Florida 33442 WILLIAM PERCE,ET AL. ASSOCIATION,AS TRUSTEE the sale, E days before your scheduled Suite#110 Defendants FOR FREMONT HOME LOAN November 20 & 27, 201$ court appearance or other jelle954)571-2031 TRUST EMONT,MORTGAGE- co pearance Deerfield Beach,Florida Floritla 33442 pleadings @1505wfl.com No.793564 court activity.Upon request Phone(954)571-2031 NOTICE OF FORECLOSURE BACKED CERTIFICATES, L y a qualified individual with INeadlngsHOVanlawR,On SALE SERIES 2006-B, O O a disability,this document Any person claiming Plaintiff, There's noplace Z ill be made available in an Any e an Interest In the surplus from alternate format.If you need y pa„a elarmin the ale,1any,other th an th e NOTICE IF HEREBY Judgment CYPRESS GLEN VILLAGE Lke...tieT� ssistance in completingq this the sale,if any,other the h r00 Peeress(must Hite pursuant Foreclosure lad dated CONDOMINIUM ASSOCIATION, E O form due t°your diabthI property owner as of the date Wim wlhin 0 days t COO November 9, 2015, d INC.,A FLORIDA NON-PROFIT Real Estate .- or to requet this document /the Is Pendens must Re Iheale. entered in Case Circuit 2013-CA- in CORPORATION,ET A. UWI alternate format, claim within Be rays after November 20 & 27, 2015 002381,of the Circuit Court CORPORATION,L D 33 793591 of the and NATIONSTAR OR NOTICE IF SALE HEREBY GIVEN rrn please,contact Charles Riff, tote ale. Z O O Q NOvembrativeCourtser November(eOWIhy85 CIRCUIT,IN EJUDICIAL WILLIAM"PIERCEpintiff and NOTI NOTICE ilHandEBY GIVEN locaVi eds (/) NJ O Manayuie (239) 252-8800, No.79863] I012CA003933 County,Florida. '�nn -mat Lao-h41s2Rarq - IN THE CIRCUIT COURT COURT MORTGAGE LLC hereafter < _ vJ 0 November 20&27,2015 ©ThPIP1m Id(P OF THE,TWENTIETH IN AND FOR JUDICIAL Plaint10), PIERCE Plaintiff and No.]75016 CASE No 2012CA03933 WILDERNESS CONDOMINIUM 9,2015,and entered In Case Not,. Notice ASSOCIATION.INC.;JEAN R. No.2015 CA 001518,of the I THE BANK OF NEW YORK PIERCE;ROY M.WHITE;ROY �ntir �)'S;1� l�i[irh01,,,I.NOTICE OF PUBLIC HEARING MELLONFKATHEBANKOFNEW M.WHITE,AS TRUSTEE OF THE YORK AS TRUSTEE FOR THE ROY M.WHITE REVOCABLE Notice is hereby given that a public hearing will be held by CERTIFICATEHOLDERS CWALT, TRUST DECLARATION DATED NOTICE OF PUBLIC SALE is hereby given,that w9e will sell or Thursday,December 10,2015 Examiner n the Hearing Examiner's AM.on 005AIBMORTGAGE AN PASS. BEFEFICIERIE2011;F UNKNOWN THE ROY units dispose of the satisfy the deltnguent storage lien 1placod9in room,at 2800 North Horseshoe Drivo,Room 609/610,Naples FL THROUGH CERTIFICATES, M. WHITE REVOCABLE accordance with the State of Florida 500050083.006. 34104,to consider: SERIES 200548, TRUST DECLARATION DATED PLAINTIFF, OCTOBER 11, 2011, UNIT# NAME CONTENTS PETITION NO.ZVL(CUD)-PL20150002365-Naples Beach are I.A04 Crytaleiggh Artrip"furniture&household I Brewery,LLC, quests affirmation of zoning verification Nc,1-1, Nollrc 2.A55 Michael McNally.furniture,householtl&sundry items letter issued by the Planning and Zoning Department pursuant 3.A64 Oslta Okolo-folding heel chair,lamps 8 misc. to LDC Section 10.02.06,in which County staff determined that NOTICE OF MEETING 4.1306 Janette D.David-window a/c&householtl the proposed principal use of microbrewery is comparable and AVE MARIA STEWARDSHIP COMMUNITY DISTRICT 5.037 Nancy Hillaire•household compatible to a brewery which is a listed permitted principal 6.D114 lean Delve&Ernest Damour-Cubicle fixtures the Industrial(D zoning district under Section 2.03.04 The Regular Meeting of the Board of Supervisors(the 7.Fll Jorge Llamas-Wheel barrel&misc. A Al a of the Land Development Code.and that the proposed -Board') f the Ave Maria Stewardship Community District in spry use of an enhanced Indoor tasting room serving and cheduled to be held on Tuesday,December 1,2015,at Public sale conducted Friday,December 4,2015.Time:10:0 AM. selling produced alcoholic beverages by the glass lsomparable g;00 .m.at the Ave Maria Mater Association located t 30002 230 Self Storage of Naples,400 Good lette RdN,Naples Fl. and compatible in nature with the permitted accessory s 5076 Annunciation Circle,Suite 10,Ave Maria,Florida 34141. 34102.239-263.8588.Unit contents sold to highest bidder.Open under Section 1.03.04 A.l.b of the Land Development Code far a The meeting is open to Me public and will be conduced in door sale.Cash,Visa,MC,Discover,only.William R.Thomas, A 0 property in the MdustrMI(U zoning district located on the eat accordance with provisions f Florida law for independent Auctioneer AU 2146.Bill Roye Auctions ab737; rV/ de of Industrial Blvd.,between Enterprise Ave.and Exchange p districts.A copy of the agenda for this meeting may November 20 and December 3.2015 No.807143 CV Ave.,in Section 36,Township 49 South,Range 25 Eat-Collier Inc.,2501A(rpm the Distrit Manager,Special Distrit S es. WINEZEP 6\ County,Florida. In<.,201A Bums Road,Palm Beach Gardens,Florida 33410 ortinfic.(if S:ile All Interested parties are invited to appear and be heard.All by 5y1be continued and/or tall free at Ind time-4922.This hi VICE OF PUBLIC SALE Self.storage Cube contents of the materials used in presentation before the Hearin Examiner will sating may be continued to a date,place and time certain,to folio become a g or announced at the meeting.There a by ee occasions when 9 customers containing household and Other goods will OrI permanent part of the record. one or more Supervisors will participate by telephone. Na sold for cash by CUbeSmert-1140 Tandem'Trail E Naples i7 34113 to satisfy a lien on December 8th,2015 at approximately (I Copies of staff report are available a k prior to the Any person requiring special accommodations at this 11:0 AM on-line at www.toragebeawes-com, `(7- hearing.The file can be reviewe of the Collier County Growth meeting because of a disability or physical impairment Om Management Department Zoning Division,Zoning Services contact Enise lOSeph the District Manager at 561-630-4922 and/or toll free at L Section,2800 North Horseshoe Drive,Naples,FL. 1-BT/-]37.4922 at least forty-eight hours prior to Me meeting.If Michael Jerome Warren A, Trade Michelle Geary �RRr/� W The Hearing Examiner's decision becomes final on the date Rel are heazing I.speech impaired,please contact the Flgrida Frank Walker Jr �as�f rendered.if person decides to appeal any decision made by 00,0 Service at 1-00-955-87]O,for aid in c°nfacting the District the Collier County Hearing Examiner with respect to any Office. y y cord of NOTICE OF PUBLIC SALE:Self-storage Cube contents of the �� that considered at such meeting or hearing,he will need a record of fallowing Customers containing household and other goods will ♦�B E proceeding,and for such purpose he may need to ensure Each person who decides to appeal any action taken be sold for cash by CubeSmart-3485 Domestic Ave Naples Pl tzt that a verbatim record of the proceedings is made,which record t these meetings is advised Nat person will need a record of 34394 to satisfy a lien On December 8th,2015 at approximately includes the testimony and evidence upon which the appeal Is the proceedings antl that accord.,ter.to person may neetl tp 12:0 PM online at www.ztoagetraw com- CD to be based. en a that a verbatim recortl of tlhe recprtl of proeeetlings is Fel Y/ made,including the testimony and evidence upon which such Deborah Ann Taylor Ifyoderea person withanisabilitywhd ng,youy accommodation anneal is to be based. ' in order to participate in this proceeding,you are entitled,at no NOTICE OF PUBIC SALE:Self-storage Cube contents of the cost to you,tothe provision of certain assistance.Pleasecontact following customers containing household d other goods 0 e Collier County Facilities Management Division located at Todd Wodraska Ill be sold for cash by abeSmart-24381 South Tamkmi hail Z•� 3335 Tamlami Trail East,Suite 101,Naples.Florida 34112.535fi, Bonita Springs•R 34134 to satisfy a lien on December 8th,2015 tat Z (239)251-8380,at least two days prior to the meeting. District Manager at approximately 000 PM on-line at www,st°agetrawres-c°m. G Mark Strain, AVE MARIA STEWARDSHIP COMMUNITY DISTRICT at Finger �� Chief Hearing Examiner word lase EDifanio ::t r w collier ovembe20,Florida www.avemarlastewardshIpcd.org 2tewardshiDpd.ag loseDh Garonlr 2010 No.797163 November NO.803642 November l0&27,1015 No.79696] sL NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held b, the Collier County Hearing Examiner (HEX) at 9:00 A.M., of Thursday,December 10,2015,in the Hearing Examiner's meetinc room,at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: 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.1.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.1.b 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. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examinerwith respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you area person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida No.797163 November 20,2015 AGENDA ITEM 4-A e Co r Count y STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION—ZONING SERVICES SECTION HEARING: DECEMBER 10, 2015 SUBJECT: ZVL(CUD)-PL20150002365,NAPLES BEACH BREWERY PROPERTY OWNER/APPLICANT/AGENT: P 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 '_: EXHIBIT m F) 0 12A10-t5 SURROUNDING LAND USE & ZONING: North: Enterprise Avenue ROW, across which is improved Industrial (1); South: Exchange Avenue ROW, across which is improved Industrial (I); East: improved Industrial (I); and West: Industrial Boulevard ROW, across which is improved Industrial (I). 1$1t e NE n kama Enta i`sQ j :*-11:. :-.7:76jik-_95-'- ,7 t: : I it U , ES V .s !C. `a... ' 'iai ie e t it 4. ;y ot 1...„.0.- it _ ex='c h`a n`g'e k V E a . _...........,. . .si f 'LI i €4 f it i t 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.1.b, Comparable Use Determinations, states: "The County Manager or Designee may issue a zoning verification letter to determine whether a use within a PUD is consistent and compatible with the surrounding uses within the PUD. To be effective,the zoning verification letter shall be approved by the BCC by resolution, at an advertised public hearing." This provision has also been applied to uses within straight zoning districts, such as the subject request. 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 Ala.;.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 Alb.; #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 staffs 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+1-900 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- 10pm, Saturday noon-10pm, 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 (I) zoning district under Section ZVL(CUD)-PL20150002365 Page 4 of 6 Naples Beach Brewery 2.03.04 A.1.a 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.1.b 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- 10pm, Saturday noon-10pm, 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 ZVL(CUD)-PL20150002365 Page 5 of 6 Naples Beach Brewery PREPARED BY: yL. I//3/'2 rais"" JO A. KELLY, PLANNER DATE ZONING SERVICES SECTION REVIEWED BY: /7t RAYM• 1. . BELLOWS, PLANNING MANAGER DATE ZONIN C ERVICES SECTION APPROVED BY: to- Ir MICHAEL BOSI, AICP, DIRECTOR DATE ZONING DIVISION ZVL(CUD)-PL20150002365 Page 6 of 6 Naples Beach Brewery $9unty Growth Management Department Zoning Services Section November 2, 2015 Hole Monies. 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#2), 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 (I). Allowable uses within the 1 zoning district are listed within LDC Section 2.03.04 A.1. 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 http://wuw.osha.gov/pis/imis/sic manual.html. 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, Zoning 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.1.b, 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•www.colliergov.net Zoning Verification Letter Z!'L('C tiDt-PL20130002365 Page 2 of 2 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(1COP) 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 5-10pm, Saturday noon-10pm, 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.1.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. Staff 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.I.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: Reviewed by: Jo n A. Kelly, Pla ner aym Bellows,Zoning Manager Zoning Services Section Zonin Services Section 4 Y S /' R i y Xt 3• o .. . 3 Ro SF8r ' a 2 x r. Ebt T u y u P E o7 .o ''l e O'1` R5 ggiv Iii' S € a- 1r. -fi til 4x 3 T is S _ € C � r a 1 t ; S E ;e 4' a i m4g — s 28 P x T x S 1107 � --u0.ogF e I' _ • 8 E a x38° _g°; gxR° •I' y Y C r Y Y r r , f :9 .-"� - i ta�o 1°aai ° s $ 8�i• Ei 6 P u • L :t ': � NY 2 I f . L: ? 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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(1COP) 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 Cofer County R COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.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 ZIP: 34104 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. 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: 00273960003 Property Owners Name: Naples Industrial Estates DETERMINATION REQUEST The determination request and justification for the use must be done by a certified land use planner or a land use attorney. Provide the completed request on a separate attached sheet. Please be very specific and include the SIC Code, if known. The request should adhere to the following format: "I request a determination from the Planning Manager and approval from the Office of the Hearing Examiner, that the use of Microbrewer>jt is comparable and compatible with the permitted uses in the PUD or in the Straight Zoning District." 9/25/2014 *with inside consumption and sales Page 1 of 2 CoiYer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 I SUBMITTAL REQUIREMENTS CHECKLIST I 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 COPIES REQUIRED REQUIRED Completed Application (download current form from County n n website) Determination request and the justification for the use © 1, 1 n PUD Ordinance and Development Commitment information P1 n n Electronic Copies of all documents *Please advise: The Office of the Hearing Examiner requires all n © ❑ 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. 13 Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $925.00 All checks payable to: Board of County Commissioners The completed application, all required submittal materials, and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 (171' __- 10-13-2015 Applicant Signature Date Robert J. Mulhere, FAICP Printed Name Please be advised that the zoning letter is based upon the available records furnished by Collier County and what was visible and accessible at the time of inspection. This report is based on the Land Development Code that is in effect on the date the report was prepared. Code regulations could be subject to change. While every attempt has been made to ensure the accuracy or completeness, and each subscriber to or user of this report understands that this department disclaims any liability for any damages in connection with its use. In addition, this department assumes no responsibility for the cost of correcting any unreported conditions. 9/25/2014 Page 2 of 2 To Whom it May Concern Collier County Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 Re: Application for Comparable Use Determination (CUD) - Straight Zoning District for Property located at 4120 Enterprise Ave #116, Naples, FL 34104 (Units 115-117) I/We Naples Industrial Estates (Neil Braverman - Property Owner, Naples Industrial Estates) are the owners/authorized representative of the above referenced property. Naples Beach Brewery, LLC is a tenant operating at the above address. Naples Beach Brewery, LLC (Naples Beach Brewery) and in particular William Lawson, as the Owner of Naples Beach Brewery, LLC, is hereby authorized to submit the application for CUD related to the accessory retail sale and on-premise consumption of beer brewed on-site by the Naples Beach Brewery. Sincerely, Agwe...44.4.442.44.-- Signature ?(I • 4vermari II- 1(.-1r Notary Noiuimii,�. 0011EGATJy'��i aggSSIoN• eG° 0bef$? ,'. i I f/_ �-i5� , , '; #FF 924355 'o /4• (611116516 %'stic'srAj � ��`' /O-5-/F ou riuu,ao AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) Naples Beach Brewery,LLC Comparable Use Determination I William Lawson (print name), as Owner it.)L ,.!.it it! . _ (title, if applicable) of Naples Beach Brewery,LLC (co an f applicable), swear or affirm under oath,that I am the(choose one)owner ,/ applicant ✓ contract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Robert J.Mulhere,FAICP to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v.pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company(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 facts state in it are true. Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to(or affirmed) and subscribed before me on lb- IT-7,0■S- (date) by +,,,i ,�I�w� t:;a�,N r (name of person providing oath or affirmation), as who is personally known to me or who h- •roduced 1 L ( Z�C� 1 U 72.(LG (type of identification) as identification. STAMP/SEAL Sign tire Qfldp . + -u / ►".",,.,,, JUAN DANIEL LOPEZ "S. Notary Public-State of Florida My Comm.Expires Nov 16.2018 °', \ at a Commission#FF 176408 � '?„ _ Bonded through National Notary Assn. CP\08-COA-00115\155 REV 3/24/14 22D» Friday, November 20,2015»NAPLES DAILY NEWS NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,December 10,2015,in the Hearing Examiner's meeting room,at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: 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.1.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.1.b 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. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida November 20,2015 No.797163 EXHIBIT 8 12-10-15 HEX 12-10-2015 PDI—PL20150000262 EMMANUEL CHURCH Ann P. Jennejohn From: Smith, Daniel Sent: Monday, November 09, 2015 10:58 AM To: Minutes and Records Subject: FW: Hex ad request Attachments: Hex ad request.docx; Emmanuel lutheran chruch.pdf;ADMAPPDIPL15262(2x3).pdf Ac Daniel James Smith,AICP Principal Planner,Zoning Division Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 (239)252-4312 danielsmith @colliergov.net Disclaimer-this email is not to be interpreted as an endorsement or approval of any permit, plan,project, or deviation from the Land Development Code. From: SmithDaniel Sent: Monday, November 09, 2015 10:55 AM To: 'minuetesandrecords @ clerk.collier.fl.us' Subject: FW: Hex ad request Daniel James Smith,AICP Principal Planner,Zoning Division Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 (239)252-4312 danielsmith @colliergov.net Disclaimer-this email is not to be interpreted as an endorsement or approval of any permit, plan, project, or deviation from the Land Development Code. From: SmithDaniel Sent: Monday, November 09, 2015 10:52 AM To: 'minuetesandrecords @clerk.coller.fl.us' Cc: BellowsRay; BosiMichael; NeetVirginia; RodriguezWanda; LangAshley; KendallMarcia; 'patricia.morgan @clerk.collier.fl.us' Subject: Hex ad request Please process the attached and acknowledge receipt at your earliest convenience.Also please send confirmation for approval prior to processing. 1 Ann P. Jennejohn From: Rodriguez,Wanda Sent: Monday, November 09, 2015 2:40 PM To: Smith, Daniel; Minutes and Records Subject: RE: Hex ad request Attachments: Hex ad request.docx; Emmanuel lutheran chruch.pdf;ADMAPPDIPL15262(2x3).pdf The title conforms to the one most recently approved by this office, the requested run date is correct, and the ad is otherwise good. OK to proceed. Wanda Rodriguez, .ACP .Advanced Certified Para(egaC Office of the County.Attorney (239)252-8400 From: SmithDaniel Sent: Monday, November 09, 2015 10:52 AM To: minuetesandrecords©clerk.coller.fl.us Cc: BellowsRay; BosiMichael; NeetVirginia; RodriguezWanda; LangAshley; KendallMarcia; patricia.morgan @clerk.collier.fl.us Subject: Hex ad request Please process the attached and acknowledge receipt at your earliest convenience.Also please send confirmation for approval prior to processing. v� Daniel James Smith,AICP Principal Planner, Zoning Division Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 (239)252-4312 danielsmith @colliergov.net Disclaimer-this email is not to be interpreted as an endorsement or approval of any permit,plan,project, or deviation from the Land Development Code. Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 November 04, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on November 20, 2015 and furnish proof of publication to the attention of Fred Reischl, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION:ZONING [Zoning Services Section} FUND& COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500161942 Account Number: 076397 Authorized%Designee signature for HEX Advertising PL NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M.,on Thursday, December 10th,2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104,to consider: 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 (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida <>II-75 ___________ � n UC.R. 951 00 00 I n cn ' 00 rn 00 HS.R. 29 Acct #076397 November 9, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PDI-PL20150000262 (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) Friday, November 20, 2015 and send duplicate Affidavits of Publication, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500162858 November 9, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on November 20, 2015, and furnish proof of publication to the attention of Board Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} PURCHASE ORDER NUMBER: 4500162858 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,December 10, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104, to consider: 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 (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida O 0 (-- —75 1111.111 o m IIII m m n 0 O O C C Z C.R. 951 z p co cri co I n v oo rn P co - f r O 7v-� n O S.R. 29 O rn ZO-1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, November 09, 2015 4:38 PM To: Naples Daily News Legals Subject: PDI-PL20150000262 (Display w/MAP) Attachments: PDI-PL20150000262.doc; PDI-PL20150000262.doc; PDI-PL20150000262.pdf Please advertise the attached notice (w/MAP) OK Friday, November 20, 2015. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustwient Board Collier County Board Minutes & Records Dept 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, December 10, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: 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 C.R. 846 LEE COUNTY COLLIER COUNTY PROJECT C.R. 858 LOCATION l V1 ul h N I � U 1-75 S.R. 84 ■ All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252- 8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.800242 November 20.2015 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, November 16, 2015 1:56 PM To: Smith, Daniel; Rodriguez, Wanda Subject: HEX Ad Proof PDI-PL20150000262 (Emmanuel Evangelical Lutheran Church) Attachments: NDNB800242.pdf Hi there, The display notice for Petition. PDI-PL2O150000262 (Emmanuel Evangelical Lutheran Church) that will be published this Friday, Novevvtber 20th, for the December 10th HEX Meeting is attached for your review and final approval. Please let wte kvtow if any corrections are necessary or if I can send NDN an approval to publish a.s.a.p. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Nit PIM ilLitillNews m Ann P. Jennejohn From: Rodriguez, Wanda Sent: Monday, November 16, 2015 3:54 PM To: Ann P.Jennejohn Cc: Smith, Daniel Subject: RE: HEX Ad Proof PDI-PL20150000262 (Emmanuel Evangelical Lutheran Church) The ad looks good. "Wanda Rodriguez, .ACP .Advanced Certified Paralegal- Office of the County Attorney (239)252-8400 From: Ann P. Jennejohn [mailto:Ann.Jennejohn©©collierclerk.com] Sent: Monday, November 16, 2015 1:56 PM To: SmithDaniel; RodriguezWanda Subject: HEX Ad Proof PDI-PL20150000262 (Emmanuel Evangelical Lutheran Church) Hi there, The display vtotice for Petition PPI-PLZ0150000262 (Evnwtanuel Evangelical Lutheran Church) that will be published this Friday, November 20th, For the December loth HEX Meeting is attached for your review and final approval. Please let vote know if any corrections are necessary or if I can send NDN an approval to publish a.s.a.p. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F:239.352.1251 E: ivonne.gori @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, November 16, 2015 3:56 PM To: 'Gori, Ivonne' Subject: RE: 800242 Looks great Ivovtvte. Please publish this Friday, November 20, 2015. Thank you! Ann Jennejohn., Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept From: Gori, Ivonne [mailto:ivonne.gori@naplesnews.com] Sent: Monday, November 16, 2015 1:14 PM To: Ann P. Jennejohn Subject: RE: 800242 I apologize, please see it attached. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori(c�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 ales Btu plews eipmc From:Ann P.Jennejohn [mailto:Ann.Jennejohn @collierclerk.com] Sent: Monday, November 16, 2015 12:27 PM To:Gori, Ivonne<ivonne.gori(a)naplesnews.com> Subject: RE: 800242 Hey Ivonne, Before I sevtd this on to staff for their approval, the vtumber at the bottom of this ad (800225) is the same vtumber that was on the ad you sevtt at 11:48 am. 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, December 10, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: 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 C.R. 846 LEE COUNTY COLLIER COUNTY PROJECT c.R. 858 LOCATION 4 VI N m U 1-75 S.R. 84■ All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252- 8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.800242 November 20,2015 ? roilailjj .. �rwi NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 800242 NOTICE OF PUBLIC HEA Pub Dates November 20,2015 E (Signure of affiant) Sworn to and subscribed before me ,. 3,1:'•., IVONNE GOBI This Decembe 16,2015 �,`�= Natary Public State of Florida •• ��,� Commiacion a'ff 900010 My Comm.Expires Jul tti.2019 .4%`O Bolded through National Notary Assn. (Signatur of affiant) ' NAPLES DAILY NEWS a Friday,November 20,2015 a 25A PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING 11 Notice is hereby given that a public hearing will be held by the Collier County Notice is hereby given that a public hearing will be held by the Coiter County Hearing y Examiner(HEX)at 9:00 AM„on Thursday,December 10,2015,In the Hearing Z Hearing Examiner(HEX)at 9:00 A.M-,on Thursday,December 10,2015, Examinees Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, FL 34104,to consider. Ce Room 609/610,Naples FL 34104,to Consider. PETITION NO. PDI-PL20150000262-Emmanuel Evangelical Lutheran Church of Q PETITION NO. BD-P1.20150001141 -Gregory Gatlin requests an 18.3 Naples,Inc.requests an insubstantial change to Ordinance No.11-23,the Emmanuel W foot boat dock extension over the maximum 20 feet allowed bySection svangereli i Lutheran nd Co m It Naples,Inc. eo,temporaryy amended, sold temporary sports,religious,and community events,and seasonal sales as permitted 5.03.06 of the Land Development Code,for a total protrusion of 38.3 feet, accessory uses,to allow the permitted athletic field as an interim accessory use 0 to accommodate the expansion of an existing boat dock facility with one prior to construction of a permitted principal use,to add development standards for X J boat slip for the benefit of Lot 191,Isles of Capri Unit No.2 subdivision,also the athletic field interim accessory use,to revise development standards for garden 1 m described as 172 W.Pago Pago Drive,in Section 32,Township 51 South, plots by removing the prohibition on on-site sales of produce end maximum number Range 26 East,Collier County,Florida. of automobiles,and to delete an environmental development commitment.The subject property consists of 21.720 acres located on the south side of Oil Well Road, M d $ approximately one quarter mile west of Everglades Blvd.in Section 19,Township 48 C m �y I South,Range 28 East,Collier County,Florida M 1 ' `Ili' dS W I c..... i_I. e 0 j'- cp IA -. laee - PROJECT I eex g� LOCATION PROJECT k.„,_Ce,b /woa O QNo tis1 ° Li ' a1vzQz M ..-114‹ 1 _ All interested parties are invited to appear and be heard.All materials used N in presentation before the Hearing Examiner will become a permanent part C of the record. 0 N Copies of staff report are available one week prior to the hearing.The file can be reviewed at the Collier County Growth Management Department,Zoning All interested parties are invited to appear and be heard. All materials used in Division,Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. Presentation before the Hearing Examiner will become a permanent pan of the record. c Copies of staff report are available one week prior to the hearing. The file can be 0 The Hearing Examiner's decision becomes final on the date rendered. If a reviewed at the Collier County Growth Management Department,Zoning DNision, '' = person decides to appeal any decision made by the Collier County Hearing Zoning Services Section,2800 North Horseshoe Drive,Naples,FL f Examiner with respect to any matter considered at such meeting or hearing, The Hearing Examiner's decision becomes final on the date rendered. If a person 0) O U he will need a record of that proceeding,and for such purpose he may need decides to appeal any decision made by the Collier County Hearing Examiner with > o U CO to ensure that a verbatim record of the proceedings is made,which record respect to any manor considered at such meeting or hearing,he will need a record of -a i3) a) 4) includes the testimony and evidence upon which the appeal is to be based. that proceeding,and for such purpose he may need to ensure that a verbatim record Q Q U) Q of the proceedings is made,which record includes the testimony and evidence upon B you are a person with a disability who needs any accommodation in order which the appeal is to be based. to participate in this proceeding,you are entitled,at no cost to you,to the If you are a person with a disability who needs any accommodation in order to provision of certain assistance. Please contact the Collier County Facilities participate in this proceeding,you are entitled,at no cost to you,to the provision of Management Division located at 3335 Tamiami Trail East,Suite 101,Naples, certain assistance.Please contact the Collier County Facilities Management Division Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112.5356,(239)252- 8380,at least two days prior to the meeting. = Mark Strain, Mark Strain, ._ Chief Hearing Examiner Chief Hearing Examiner to Collier County,Florida Collier County,Florida N No.800225 November 20 2015 No.800242 November 20 2015 0) (I X PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE CV Q o Q NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING CO Z c) Z Notice is hereby given that a public hearing wit be held by the Collier County Hearing Examiner Notice is hereby given that a public hearing will be held by the Collier County Hearing (HEI)at 9:00 A.M.,on Thursday,December 10,2015,In the Hearing Examiner's Meeting Examiner(HEX)at 9:00 AM.,on Thursday,December 10,2015,in the Hearing L Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: Examiners Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples, PETITION NO.SV-PL20150001856-RaceTrac Petroleum,Inc.requests a variance from LDC FL 34104 to consider: Sector 5.05.05.C.4.b,which limits a facility with fuel pumps canopy to one corporate logo with E a maximum area or 12 square feet on the canopy face adjacent to a dedicated street,to Instead PETITION NO.VA-PL20150001635-Evansburg Properties,LLC requests a variance allow three total corporals logos-one with a maximum area of 50 square fest on the canopy from Section 4.02.01 A.,Table 2.1,of the Land Development Code to reduce the front L facade facing Davis Blvd.,one with a maximum area of 30 square feet on the canopy facade N Z facing Radio Road,and one with a maximum area of 30 square feet on the canopy facade facing yard principal structure setback line from 30 feet to 23 feet in o de to replace and O -0C_ southwest,which is not adjacent to a dedicated street;from LDC Section 5.05.05.C.4.c,which enlarge the existing stairway to the front entrance of the dwelling unit on property E limits each facility with fuel pump site to one ground sign with a maximum area of 60 spume feet within the Residential Single-Family-3(RSF-3)zoning district,located on Lot 11,Block located within a 200 square foot landscaped area,to instead allow two total ground signs on R,Conners Vanderbilt Beach Estates Unit No.3,also described as 332 Corner's t_ ate-oce�o square foot gas puce sign along the Davis Blvd.montage,and one so square toot Avenue,in Section 29,Township 48 South,Range 25 East,Collar County,Florida. Z c N Q gas price gn along the Radio Road frontage;from LDC Section 5.06.04 F.4,which limits single N 0 occupancy parcels with double frontage a a public right-of-way to two total lust signs,each / sign on a different facade,to instead allow four total wall signs-one on the northeast building �' QCl) U facade facing Radio Road,and three on the southeast building facade facing Davis Blvd.;and ;. L5 horn LDC Section 5.06.04 F.4.e,which limits non-ilurrvnated,non-reflective signs located in a window to cover a maximum of 25%of thewindow area,to instead allow such a sign to cover a ' .aaeem a LLizi I maximumMaAr of 46%of the windowame,for the proposed n d.Trac facility with fuel pumps located war °°MUM r M_ gen,/ on the northwest comer of the Radio Road and Davis Blvd.intersection,In Section 3,Township 50 South,Range 26 East,Collier County,Florida,consisting of 3.580 acres. oil A lr e°1O war PROJECT , as > wmsrsha.n 4. em°'Xe LOCATION Need rIw y I� I a! . .1-'I @z All interested parties are invited to appear and be heard. All materials used in in I A 9 - presentation before the Hearing Examiner will become a permanent part of the record. en.=m E, n PROJECT O d j26* LOCATION Copies of staff report are available one week prior to the hearing. The file can be 13/ 1=151 `�aa,e.� T:= reviewed at the Collier County Growth Management Department,Zoning Division, N mom,aa. Zoning Services Section,2800 North Horseshoe Drive,Naples,FL All interested parties are Invited to appear and be heard.All materials used In presentation ^, 0 before the Hearing Examiner will become a permanent pan of the retort. The Hearing Examiner's decision becomes final on the date rendered. If a person 41 elli A, Copies of staff rayon are available one week prior to Inc hearing.The 91e can be reviewed at decides to appeal any decision made by the Collier County Hearing Examiner with the Collet County Growth Management Department,zoning Division,zoning services section, respect to any matter considered at such meeting or hearing,he will need a record xl L 2800 North Horseshoe Drive,Naples,FL that proceeding,and for such purpose he may need to ensure that a verbatim record Al The Hearing Examiner's decrelon becortles final on the date rendered.P a derides to of the proceedings is made,which record includes the testimony and evidence upon Alperson which the appeal is to be based. a� appeal any decision made by the Collar Defray Hearing Ex/minorrenderwith reaped to any meter _+ considered at such meeting or hearing,he will reed a record of that proceeding,and for such .� purpose he may need to ensure that a verbatim retard of the proceedings is made,which record If you are a person with a disability who needs any accommodation in order to Includes the testimony and evidence upon which the appeal is to be based. participate in this proceeding,you are entitled,at no cost to you,to the provision of �l' t you area person with a disability who needs any accommodation In order m participate in this certain assistance.Please contact the Collier County Facilities Management Division ` proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 341123356,(239)252- contact the Conier County Facilities Management Division boated at 3335 Tamiami Trail East. 8360,at least two days prior to the meeting. 0 Suite 101,Naples,Florida 34112.5358,(239)252-8380,at least two days prior to the meeting. M Mark strain Mark Strain, t E Z Chief Hearing Examiner Chief Hearing Examiner Collar county,Ronda Collier County,Florida r1 a ` No 000251 November me 2015 No Booms November 20.2015 •T Lid. LI- 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 Mantes, 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 z EXHIBIT B a _ ..rwoe — I pit f 7 I • i 1 1 I 1 f' i i i es el a z 0 i i it—tc f v • 1 • 1 ao O J • 1 . \ 1 . i i 1 . 0 W i 1 • W Z • • • • III4 • • • • Z 1 . • 1 • • • • j O 1 • N • • • • 1 i • - � i d • . . ∎U I • • • ■i 1 . i ". i C4 Cl vt, • I I • • • • • I • pj J a 71rt 01 UN 0 a O 7 i 1. a tt E Z 1€ U cr D I fen boo 6Z VS Jam. � Q 0 1 Ltin= tereP':,Di ) -J imilsi ...1,-. .iPlii ` Page 2 of 8 EMMANUEL EVANGELICAL LUTHERAN CHURCH PDI, PDI-PL20150000262 NOVEMBER 30,2015 0 I11f a I • „11 • .- ipti 1 i i i 0 ill - r--, . li, • i I 111 Ills I i 1 , k ..�..�,.�a.....�,w.� 1► 111 : ; o o 0 o a '•� ' I i', d laI ';, ` i �- n n n n 1- 1 1 11 ! Ii i' -1 1 1r'_—_ 7k if I k 1 1 j .11 i II ;i` ;III 1 I I "'�, 1,. : IxI 111 1 F■! 111 W I I I ' I I:, g ( 5 , C , ill I1 i I ” I rr 11 1 -; 1i I I � l —in 1 i , 11 11` I J5 J111 'r ' 1 O. i /.4pr. 1 i i ' i. . _., >7.,_ ____ _ ____ _ r_., _ I I %. ..' % % ..,�. . . �--- j ►1WritM k '!I i 1 �Nl�!il "lii 1 i t w.- a»A.....!w..s.1«n...MI I Z97-•••5 r..O•�.S I i I �•1 I ILA.r tl�1^.L ...... .:....es JO Nw...i.ug d oN 5t .' 1 �=Z I I a ==C,i J _ ' I .�o �i $ x x II rte. as . `�+�.� 1E5;7,33 p. it 3 I 1 I ' � 1 \#3 ( ,,r,, EMS 1 1I1 a. R Y Y '4'4.11 lel Y 1 .111 1' H! qi il jj11 .I nay �a 4 141 ill 'if 1 liii ii i ill(J -.T.7 ,V. ."'. j AI lid Ili uu iiii i II - Approved Master Plan Page 3 of 8 EMMANUEL EVANGELICAL LUTHERAN CHURCH PDI, PDI-PL20150000262 NOVEMBER 30,2015 fr- . --tir 4 ;4 - . 4 - -,„,..,- I , 4 s. . ,,, ...... , , _ 7 , e, ATM. ".�+, - i . _1,-!,.t.,":-111,14‘.. - " ` 35th..AV-E. NE T.48- `. ! �T 4 i. ` 1," tt f I rt yyA fit A . 1 .. ___. .-II I IW."e`,C GR,D - i$. i 4 EMMANUEL �.. 5 W EVANGELICAL e,, *-• * 1 . .- z LUTHERAN CHURCH + _' ,, 9 .aNA. a . - f Zo ir�cl : 1strtct• 4 1 4 5 i' # as 44.-ft, ' r ( .' ,_ TIM�NANC ` - 1 s= ``,, ' a y 0 v Y stiF'iq t 1 ,�..., k U , S: 20 �` Athletic field - 1 . Subject property(CFPUD) , �R"`za location a T.48 consists of 21.72k acres M Ifs ''t tb . r28 t I! r�. ""3.1's E" . ,:. ,m,- - '''.01.M..„.- .- .., $ 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: (3----QZ l, .� �( /S DANIEL JAMES SMITH, AICP, PRINCIPAL PLANNER DATE GROWTH MANAGEMENT DEPARTMENT REVIEWED BY: AV_ . 1( 33 . I RAYMsof V. BELLOW-, ZONING MANAGER DATE GROW .s MANAGEMENT DEPARTMENT 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 fop-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 are deletions C:\Users\DanielSmith\AppData\Local\Microsoft\Windows\Temporary Internet Files\ContentOutlook\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 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. S4. Access to garden plots and parking areas shall be a gravel surface. Page 2 of 4 Words underlined are added;words 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 6,5. Temporary sanitary facility-to facilities shall be provided. 76. A Site Improvement Plan shall be required to be approved by the County prior to the utilization of garden plots. Page 3 of 4 Words underlined are added;words are deletions C:\Users\DanielSmith\AppData\Local\Microsof\Windows\Temporary Internet Files\Content.Outlook\7WVOXIRT\Emmanuel 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. 9 . me, Page 4 of 4 Words underlined are added;words ugh 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 I (\A-2.13 I417s1? V60,1 N ORDINANCE NO. 11- 23 M 3\N�' 2� N AN ORDINANCE OF THE BOARD OF COUNTY 4 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, t' AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, `e�£eZgzLZg2 THE COLLIER COUNTY LAND DEVELOPMENT CODE, -� N WHICH ESTABLISHED THE COMPREHENSIVE ZONING ; ° REGULATIONS FOR THE UNINCORPORATED AREA OFD '- m COLLIER COUNTY, FLORIDA, BY AMENDING THE F (-- APPROPRIATE ZONING ATLAS MAP OR MAPS BY -i- s T" CHANGING THE ZONING CLASSIFICATION OF THE PT -7.1 HEREIN DESCRIBED REAL PROPERTY FROM THE ;I' ESTATES (E) ZONING DISTRICT TO A COMMUNITY!' ' FACILITIES PLANNED UNIT DEVELOPMENT (CFPUD) -6:-: (7'-.) ZONING DISTRICT FOR THE PROJECT KNOWN AS :err' 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 oft Revised 6/24/11 Attachment B I 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 a day of ,�lA)U., , 2011. ATTEST: _:a:-..p, , - BOARD OF COUNTY COMMISSIONERS DWIGI- '\ .;BRCItrCLERK COLLIER COUNTY, FLORIDA • `•• / — By: #� CI.0. By: �. Amt or •t't. -Clerk FRED W. COYLE, Ch an '` IMO i* • Approved as to form and legal sufficiency: 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 Commitments Hance 1� Wh rry of 's Off'�y y� nd acknowledgem ,Ai, that CV I0-CPS-0104041 fi!' • ved f. day G 1 .4 0 I By ; Emmanuel Evangelical Lutheran Church �� P • UDZ-PL2009-2496 Page 2 of 2 dl Revised 6/24.%I 1 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. Emmanuel Evangelical Lutheran Church PUDZ-PL2009-2496 Last revised: 04-25-II Page 1 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). Emmanuel Evangelical Lutheran Church PUDZ-PL2009-2496 Last reviscd. 04-25-11 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 Evaneehcal Lutheran Church PUDZ-PL2009-2496 Last revised: 04-25-1 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 existin g 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. li 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-PL2009-2496 Last revised: 04-25.11 Page 4 0110 III 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 Iighting 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. Emmanuel Evangelical Lutheran Church PUDZ-PL2009-2496 Last revised: 04-25-11 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 I`i , it s n s D � 11 I ;In' a p ° ' � F ' r s ti . Lli I Ij Ie �.,,wnl WM I'=..4 —.I ij ii I,_ ii . li .P.P.6.1.1.AL.1411. . 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I11� I Ili ' _E,«,1 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- PL2004.2496 Last revisal: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 Iies 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-PL2009-2496 Last revised: 04-25-11 Page 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 Last revised: 04-25-11 Page 10 01 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 hand and the official facial 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 Commissinmg+g39•f,,, La. , • • By: An hYi ' Y De ut v ' ••• P .CIk�� • Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colllergov.net (239)252-2400 FAX:(239)252-6358 5 a5T . (VTl . I.1 NG-E....O:A:P;U®;�. Ppl '� _ ..: .. ......... ;•:r'r; .....:.......:.:............... .<:.._._...-.. :.....: • Ch.3 G.8 of the A ml t ;,:0•111 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 I CONTACT .ORMATI O N_>'ss:_:-.;:;=::;.r';:::::: ::',;':':`::;;�"'.'�:1=:�;:,,•:;:,r.. 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 co: N/A Fax: N/A E-Mail Address: vivian @naplesemmanuel.com Name of Agent: Robert J. Mulhere, FAICP Firm: Hole Montes, Inc. Address: 950 Encore Way City: Naples State: FL zIP: 34110 Telephone: 239-254-2000 Cell: N/A Fax: 239-254-2099 E-Mail Address: bobmulhere @hmeng.com Is the applicant the owner of the subject property? [Yes ❑ No n 1. 1f 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 CoLlliev County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 .:............... Vleetin a d Final Submittal Requirement.Checi<list for,. .;.., ee- ica ion - .: .. .:.. . UD. ns bst ntial'Chan� e u a <::. ..P I g ... ' Chapter 3G.3aft the Administrative istr a i ve 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 FOR REVIEW COPIES REQUIRED REQUIRED Completed Application(download current form from County website) 16 © ❑ Pre-Application Meeting notes 1 © ❑ Project Narrative, including a detailed description of proposed changes 16 B ❑ and why amendment is necessary Detail of request 16❑ © ❑ Current Master Plan&1 Reduced Copy 160 B ❑ Revised Master Plan& 1 Reduced Copy ❑ ❑ ❑ Revised Text and any exhibits 16❑ B ❑ PUD document with changes crossed through &underlined 16❑ B ❑ PUD document as revised with amended Title Page with Ordinance# ❑ ❑ Warranty Deed 16❑ B ❑ Legal Description 160 x❑ ❑ Boundary survey,if boundary of original PUD is amended ❑ El B If PUD is platted,include plat book pages ❑ ❑ List identifying Owner&all parties of corporation 2 B ❑ Affidavit of Authorization,signed &notarized 2 © ❑ Completed Addressing Checklist 1 B ❑ Copy of 8%:in.x 11 in.graphic location map of site 1 B ❑ Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all materials 3 ❑ © El to be 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. 9/25/2014 Page 3 of 4 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) FL-20150000262 I, PETER WASMER (print name),as PRESIDENT (title,if applicable)of EMMANUEL EVANGELICAL LUTHERAN CHURCH OF NAPLES,INC. (company,If a plicable),swear or affirm under oath,that I am the(choose one)owner(' i applicant contract purchaserrland 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.pres. or v.pres. • If the applicant Is a Limited Liability Company(L.L.C.) or Limited Company(L.C), then the documents should typically be signed by the Company's"Managing Member." • If the applicant Is a partnership,then typically a partner can sign on behalf of the partnership. • if the applicant Is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words"as trustee'. • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, i declare that I have read the foregoing Affidavit of Authorization and that the facts stated/ t are tr e. .7a/s- ignature Da e PETER WASMER, PRESIDENT EMMANUEL EVANGELICAL LUTHERAN CHURCH OF NAPLES, INC. STATE OF FLORIDA COUNTY OF COLLIER The fgTgo��l(!g instrume�I.t was sworn to(or affirmed)and subscribed before me on Ji3))45 (date)by 1 }T( 2. IAJa S rr e (name of person providing oath or affirmation), as wh•. s personally nown o me or who has produc d (type of identification)as Identification. (Ci?:--)-Let f STAMP/SEAL Signature of Notary uglic NOTARY PUBLIC-STATE OF FLORIDA Gina Rizzo f, n• Commission#EE118693 Expires: AUG.03,2015 BONDED TBRU ATLANTIC BONDING CO.,INC, CP108-COA-00115\155 REV 3/24114 • S9&9ty 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: PUDA __ Date and Time: Feb. , 2015 Assigned Planner: Nancy Gundlach Engineering Manager(for PPL's and FP's): Project Information Project Name: Emmanual Evangelical Lutheran Church PL#: 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: PUDZ-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#: r. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: 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 ' J❑ ❑ why amendment is necessary �, Completed Application with required attachments t Lam', ❑❑ Pre-application meeting notes Affidavit of Authorization,signed and notarized ` 2 Notarized and completed Covenant of Unified Control 2 re ❑ Completed Addressing Checklist 2 ,_z_ I �I'/ ❑ Warranty Deed(s) 3 �Ln El L�J List Identifying Owner and all parties of corporation 2 �,❑/ Signed and sealed Boundary Survey 4 Q E / Architectural Rendering of proposed structures 4 ❑ (&- 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 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 ❑, ❑ project planner at time of public hearings. Listed or Protected Species survey, ess than 12 months old. Include - ❑. copies of previous surveys. p,., nip 8 4 Traffic Impact Study 7 ❑ [I / Historical Survey 4 ❑ ,L_�'' School Impact Analysis Application,if applicable 2 I ►;T Electronic copy of all required documents 2 C ❑ Completed Exhibits A-F(see below for additional information)+ ❑ ❑ ❑ List of requested deviations from the LDC with justification for each(this Id El document is separate from Exhibit E) I� \ Revised Conceptual Master Site Plan 24"x 36"and One 8'/:" x 11"copy (f [ -❑---- Original PUD document/ordinance,and Master Plan 24"x 36"—Only if oin lld' El Amending the PUD 1 Checklist continued onto next page... 9/11/2014 Page 11 of 15 Tl1Lr2 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: -- ..-._i. -(none) Meeting Status: Not yet responded Organizer: CDS-C Required Attendees: AhmadVicky; Amy Lockhart-Taylor(Iockha @collierschools.corn); AndersonRichard; AnthonyDavid; ArnoldMichelle; AshtonHeidi; 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; RosenblumBrett; SawyerMichael; ScottChris; Shar Hingson (shingson @enfd.org); SmithDaniel; SpaarPatricia; StoneScott; StrainMark;SuleckiAlexandra; SunyakMark; TriminoEvelyn;ValeraCarolina; VanLengenKris; 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. Existin Application Name: 0002169; Z g pP -PL 09-2496 Meeting Type: Pre-Application Meeting ^ Preferred Date: February 12 2015 Unavailable Dates: 1 fN; C aunty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE cRQWTH MANAGEMENT DIVISION NAPLES,.FLORIDA 34104 www.cotliergov.net (239)252-2400 PAX (239)252-5724 ADDRESSING CHECKLI l Please complete the following and email to GMD_Addressing@calliergov,net or fax to the operatioris Department at 23R-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 Bp 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) Q BL(Blasting Permit) ❑ SDP(Site Development•Plan) ❑ 'BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permiit ❑ SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) El SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat ❑ .SNR(Street Narfie Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans.&Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation.Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) 0 OTHER PDI _ LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may attached) 819,148S, R2'8- (Golden Gate.Estates Unit 64, Tracts65A,80,80A,81A, 96 &96A) EOL1O(Property ID)NUMBER(s)of above(attach to,or associate with,legal description if More llzan one) 39896040009, x9897520007, 39897520104, 39897560009, 39897600008, 4,897600%5, STREET ADDRESS of ADDRESSES(as applicable,if already assigned) 39897640000, 39899120007:&•'39899160,009 ' LOCATION MAP must be attached showing exact location of project/site In relation to nearest public road right- of--way • SURVEY(dopy needed onlyfor unpiatted properties) PROPOSED PROJECT NAME(ifapplicable) Guuth.'JTCf° O{efT-Rc dppreix. Eve gla40-°rte -.- PRDPOSED STREET NAMES(if'applipable)I Emmanuel Evangelical Lutheran Church of Naples SITE DEVELOPMENT PLAN NUMBER(for existing projects/sitesonly) SDP - orAR or P-L4- Ordinance No 11-23 . .6-C....) c ,,,) * - ... 4\edir ......... \ _ 47.5*,-;---- -----a,,,,, 66\c' A . _ 4 IP COLLIER COUNTY GOV 'NMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEM IT T DIVISI NAPLES, F1 RIDA 34104 www.colliergov.net ---'9, ( .... ,tj (239)252-2410 ir at Pre-Applic do eetin Slln eet `I Fil' 'I7 OP s' I i 01 --- si/" r,. Collier CM my Contact Information: Name Review Discipline Phone Email ❑ David Anthony Environmental Review 252-2497 davidanthony @colliergov.net ❑ Summer Araque Environmental Review 252-6290 summerbrownaraque @colliergov.net ❑ Steve Baluch Transportation Planning 252-2361 StephenBaluch @colliergov.net ❑ Madelin Bunster Architectural Review 252-8523 madelinbunster @colliergov.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 ericfey @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 @coiliergov.net ❑ Shar Hingson East Naples Fire District 687-5650 shingson @ccfco.org ❑ John Houldsworth Engineering Services 252-5757 johnhouldsworth @colliergov.net ❑ Jodi Hughes Transportation Pathways 252-5744 jodihughes @colliergov.net ❑ Al' is Humphries Right-Of-Way Permitting 252-2326 aliciahumphries @colliergov.net PI ''I?", - . .,-. ••vi, fmprehensive Planning 252-2387 marciakendall @colliergov.net ❑ Reed Jarvi,P.E. Transportation Planning 252-5849 reedjarvi @colliergov.net ii 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 @colliergov.net ❑ Matt McLean,P.E. Principal Project Manager 252-8279 matthewmclean @colliergov.net ❑ Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz @coiliergov.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 @ colliergov.net ❑,/ Brandy Otero Transit 252-5859 brandyotero @colliergov.net t1G John Podczerwinsky Transportation.Planning 252-5890 johnpodczerwinsky @ colliergov.net ❑ Brandi Pollard Utility Impact fees 252-6237 brandipollard @colliergov.net ❑ Fred Reischl,AICP Zoning Services 252-4211 fredreischl @coiliergov.net i • 27-47-27 26-47-27 ,25-47-27 30-47-28 29-47-28 2E 36-47-27 Q 35-47-27 34-47-27 0 31-47-28 32-47-28 3; W W I J C 1 MILE 2 MILES 06-48-28 — ---- O 01-48-27 05-48-28 03-48-27 C 02-48-27 SCALE IN MILES SCALE : 1" = 1 MILE — - 1 07-48-28 11-48 7 r 12-48 27-' 08-48-28 0 10-48-27 =C 1 I I 15-46-27 " { ._ .. 14-48-27 _.--._ I If 1 13-48-27 :--:_: 17-48-28 Orangetree Utilities OIL WELL ROAD i .111 E ;I' ''''\...__ 1 • 'ANGETREE IL o / iu •`, K/*.U.D. 24-48-27 19-48-28 -I 20-48-28 a i 23-48-27 . II. IMMO '- =- • '• Bi• Corkscrew + v ■�' 26-48-27 25-48-27 30 48-28 0 29-48-28 iii _ - _ —__ _ _ Island Fire and 1111 0 29-48-2 1 O I I—_- W •I' 0 m _ _ a .I 35-48-27 36-48-27 ' 31-48-28 I _ :2; i r 32 48-27 _ 32-48-28 0 J 1 i 12:._ __ to MI in 05-49-27 0 ! L__-_-.- --.-_ co w J 0 111. a , Mil 950 Encore Way EMMANUEL EVANGELICAL LUTHERAN CHURCH CHECKED BY: PROJECT No. Naples, FL 34110 G.M.H. 2006.096 Phone: 239) 254-2000 DRAYS BY: CAD FILE NAME: HOLE MONTES Florida Certificate of LOCATION MAP LOC MAP DATE: EXHIBIT- ITEM MHO WIZ 91RIFORS Authorization No.1772 07/10 1 OF 1 *** OR: 4063 PG: 2983 *** WARRANTY DEED PAGE TWO STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this..)•11.4`day of June,2006,by Glenn E.Grant,who( )is/are person TIUDw5 to me or who c%)has/have produced oCi pt.?,OAAA.CS(...r c.4.41.9 as identification. NOTARY PUBLIC: Sign Print ()CNN A'VA State of FLORIDA at Large (NOTARIAL SEAL) Commission expires: Commission No.: 4sentti. Dan Bailey j My Commissbn 0/3261548 p wfi Expires February 04 2008 STATE OF OHIO COUNTY OF (ir6Ghe„. The foregoing instrument was aclnowled .•t:'.�- enf this '�p e,2006,by Michael P.McNamee,as Attomey-in- Fac evin F.McCarthy,Manager of D.F. w• • HY INVESTMENT an Ohio Limited Liability Company,who(rte) i are personally lnowh me or who( )has ve•rdu • as identification. y� CC o)riaf• :` l 1 � _Si I+ ....•.y� .r.a41...0 c. Print :, y State of O rf•at. .5.. {NOTARIAL SEAL} Cornmissio t c.) Commission \IE CIR_Ca *i0 ��►/�,,,_, LINDA S.KELLEY � i'�w1C�;. a Notary Public —�-y ' In and for the State of 0ltb i j My Commission Expires 005/0 January 29,2009 '+.,,, n;rnoo s— II 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: Geza 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 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 MAPOU sT _ , �1mi� ____ ' 'al `1km - - ' I 8461 ________ _____ • 1 _ l 1 I I _ 1 ' 1 1 \`ti III —— E:I __ to I 4 O Well Rd_ ._La..[.A 1 ,, 1 — d1 I t I i r — — i I i — , : ,0} .. _._ —_ i a 1r y 2006 t ap crest,11c• i Z 1 i ( 02006 N)WTEQ 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. - 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 WNID 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. - 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 - 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 / 1 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 Dtymarchon corais 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* Felis concolor coryi no not observed Fox squirrel Sciurus niger no not observed Florida black bear* Ursus americanus floridanus 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 corais 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. - 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 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 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 (F.A.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 Management 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://mvfwc.com/bear/. The subject property, although not significantly forested, or considered bear habitat,there are numerous telemetry data showing bear within 1.5 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 garbage 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 - 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. - 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 - 10 - 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 oia 411 411 mfot 1 110 1 211 co U1� <ut Z F Nm g„ 530 • ZONED:E ESTATE (LAND USE IS SINGLE FAMILY 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 0.1 TOTAL 121.7 - 11 - Southern Biomes, Inc. Division of Environmental Information Services 1602 Woodford Ave., Fort Myers, FL 33901 mail to: P.O. Bx 50640, Fort Myers, FL 33994 Ph. (239)334-6766 - Geza Wass de Czege, President FAX(239)337-5028 o 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 over Aerial OIL WELL ROAD :..._........ 814 A 11C `aa .�µ' � A ' _ f 4'414 4. ). . Jr\ 1. w. - g day i 4' ,ate, ` t . i - 7 , ; 4''' 'EST :' * * * '44 #4 ' ill ,i.;f3_7. 'CA4J US*5 4'e.1 F 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 0.1 TOTAL ±21.7 �1 - 12 - -- 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 Wood Stork Colonies 18.6 Mile Radius Foraging Habitat Limits "`-_ �T v. o. : " 1 ,. R . d k n A E ; F..,; , E °' R . e, r ?, ..,14 i ' ,A. ,,,4, x R n r f _ Y R €g, -.x*x: `,--/_ - 13 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 Florida Panther Focus Area Map 6,e • 1 t • - 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, T48S, R28E, Oil Well Road, Collier County, Florida Update:Jan. 1 8,2013 Florida Panther Priority I&II Habitats Map a) o, r ,IE E; !* / %r • 7 1 J1 a , r % ,.. , ..,-,.k 1 trig —V ,i ... ' ',', , --,..... G k - - 4 .. ° ! 1 . 11-1;.. a `' % ' V ±h a � - 15 - 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 Florida Black Bear Road Kill Locations Map i kit,* i .. . r gib . ,,.., ...„ ,,J.:At . ,, ,.. ,.., ., . -.... 140. pialF ,, ,_ -..: -,: ,. ,..., -,- -, . it, , ,,, A« /,,., rte,. ._ � t _ _ _ , :.. 3 _ T _ �:. w m li A,i i= ._ r a. - 16 - 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 id ©,.. t" ,.. r r.� �..: - , ` Deseto 5" k z rsi , S .. T 4 a "- *? °,% ., .- _.� "a - a u . -a " ie aw'F F � i — g ::- f+ V ��. _ u�. ._ •y,. R M ^ ) k S, it - s.ad - .Y , i ail- ._m,._--x. , -' ''',-,fi e.' r/...e,,,, i „ .„r,_,,„ li„,, ft. 3- v tE t 4 w F }}.w . � E i ° r f Y �� 3 fit. , : - 17 - ��. ter'c[ my 8a A ' AS Southern Biomes Inc. u y $ j• Division of Environmental Services s- l , 1602 Woodford Avenue,Fort Myers,Florida 33901 ice h 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-associates.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 baIlfield 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. 1 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 hammock. 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/conservationlyou-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. IMMO LLC ENVIRONMENTAL WATER RESOURCES CONSULTING 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 Well 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 1, and a Site & Soil Sample Location Map has been attached as Figure 2. BACKGROUND AND UNDERSTANDING RMEC, LLC (RMEC) was contacted by Hole Montes, 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 PUD. 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 Ms.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. Emmanuel 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 size 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. 4.UILC til'[RO.\SiL TAI.N.iTER RfSOURCfS COW:L5!\G 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/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." LLC F\\RRQ\'NGVI'AL WA rest RESOURCES COV SULt1.Y6 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 8151A) indicates that none of the compounds included in the analyses were detected in any of the three soil samples. LLC E1'\'tl(OVSIfYTAL WATER R[SOL'RCES CONSELTPC. Ms.Nancy Lewis August 4,2015 Page 5 of 6 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.A.4.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 FWS 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), organochlorine 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 only 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. LLC ---C-- s I¢ONiIcu'rni.WATER RESOURCES coxsvurm 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@rmec- 11c.com, or ron(&,rmec-11c.com. RMEC,LLC f.L7, ac,,e , , .), Daniel V. Scippo Senior Project Manager RMEC,LLC .. , 4(0/41, 87!!/ Ronald M Ed= eld,P.E. Principal Member Florida P.E.4 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 VILLY. 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ATTACHMENT A Soil Analytical Summary Report • LLC ENVIRONMENTAL MATER RESOURCES CONSULTING Advanced Environmental Laboratories,Inc 9610 Princess Palm Ave Tampa,FL 33619 Ag-- , Nuanced 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. Sincerely, Angela Harlan AHarlan @AELLab.com 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. 1E •�, is', 3004.1.0.0 Advanced Environmental Laboratories,Inc 9610 Princess Palm Ave Tampa,FL 33619 fldvaacad Payments: P.O.Box 551580 Jacksonville,FL 32255-1580 Environmental Laboratories,Inc. 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 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 ,"""•\ \' IldYanCed Payments: P.O.Box 551580 Jacksonville,FL 32255-1580 j Environmental laboratories,Inc. Phone:(813)630-9616 Fax:(813)630-4327 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-11509243001 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 6010B 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 06:05 T Barium 0.33 mg/Kg 1 0.052 0.0031 7/21/2015 06:05 T Cadmium 0.056 mg/Kg 1 0.023 0.0036 7/21/2015 06:05 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 7/21/2015 06:05 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 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 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 ug/Kg 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 J 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-xylene(5) 0 1 % 5 42-129 7/16/2015 18:05 Report ID:377256-5693038 Page 3 of 17 CERTIFICATE OF ANALYSIS This report shall not be reproduced,except in full, without the written consent of Advanced Environmental Laboratories,Inc. ccopoy ,f _< 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 Inc. Phone:(813)630-9616 's Environmental laboratories,I �! Fax (813)630-4327 ANALYTICAL RESULTS Workorder: T1509243 Emmanuel Lutheran Lab ID: T1509243001 Date Received: 07/09/15 14:30 Matrix: Soil Sample ID: SS-1-South Date Collected: 07/07/15 13:25 Results for sample T1509243001 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-D 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 7/13/2015 09:34 T Lab ID: T1509243002 Date Received: 07/09/15 14:30 Matrix: Soil Sample ID: SS-2-NE Date Collected: 07/07/15 13:55 Results for sample 71 50 9243 002 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 6010B 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. 3004.1.0.0 Advanced Environmental Laboratories,Inc 9610 Princess Palm Ave Tampa,FL 33619 �1 i fldvanced Payments: P.O.Box 551580 Jacksonville,FL 32255-1580 Environmental laboratories,Inc. Phone:(813)630-9616 / Fax:(813)630-4327 ANALYTICAL RESULTS Workorder: T1509243 Emmanuel Lutheran 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 T1509243002 are reported on a dry weight basis. Sample Description: Location: Adjusted Adjusted Parameters Results Qual Units DF 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 T SEMIVOLATILES Analysis Desc:8081 B Pesticide Preparation Method:SW-846 3550B Analysis,Soil Analytical Method:EPA 8081 4,4'-DDD 2.9 U ug/Kg 5 18 2.9 7/16/2015 18:25 J 4,4'-DDE 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 J 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 Desc:8151A Herbicides Preparation Method:8151 Analysis,Soil Analytical Method:EPA 8151 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. M1�G y° R..yn' o°ia r a 4. a 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 - —T 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: 07/07/15 13:55 Results for sample 11509243002 are reported on a dry weight basis. Sample Description: Location: Adjusted Adjusted Parameters Results Qual Units DF 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 (5) 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 Lab ID: T1509243003 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 DF PQL MDL Analyzed Lab METALS Analysis Desc:SW846 60108 Preparation Method:SW-846 30508 Analysis,Soils Analytical Method:SW-846 6010 Arsenic 0.030 U mg/Kg 1 0.26 0.030 7/21/2015 06:17 T 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:SW846 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 This report shall not be reproduced,except in full, without the written consent of Advanced Environmental Laboratories,Inc. l' lie,'= 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 ANALYTICAL RESULTS Workorder: T1509243 Emmanuel Lutheran Lab ID: T1509243003 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 DF PQL MDL Analyzed Lab Analysis Desc:8081B Pesticide Preparation Method:SW-846 3550B 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'-DDE 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 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-Dichlorophenylacetic acid 211 J4 % 1 46-122 7/27/2015 02:15 J (S) Report ID:377256-5693038 Page 7 of 17 CERTIFICATE OF ANALYSIS This report shall not be reproduced,except in full, without the written consent of Advanced Environmental Laboratories,Inc. c 0090 " ... 3004.1.0.0 Advanced Environmental Laboratories,Inc _ 9610 Princess Palm Ave Tampa,FL 33619 fldvaaced Environmental laboratories, kliC. Payments: P.O.Box 551580 Jacksonville,FL 32255-1580 Phone:(813)630-9616 Fax:(813)630-4327 ANALYTICAL RESULTS Workorder: T1509243 Emmanuel Lutheran Lab ID: T1509243003 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 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 I Report ID:377256-5693038 Page 8 of 17 r•"—\ CERTIFICATE OF ANALYSIS This report shall not be reproduced,except in full, without the written consent of Advanced Environmental Laboratories,Inc. :.�EOgo E 9.V 3004.1.0.0 Advanced Environmental Laboratories,Inc 9610 Princess Palm Ave Tampa,FL 33619 +�. a �'i Advanced Payments: P.O.Box 551580 Jacksonville,FL 32255-1580 j Environmental laboratories,Inc. Phone:(813)630-9616 Fax:(813)630-4327 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. [1] 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) 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. ccoao, 3004.1.0.0 Advanced Environmental Laboratories,Inc \ 9610 Princess Palm Ave Tampa,FL 33619 / \+1 Ilduanced Payments: P.O.Box 551580 Jacksonville,FL 32255-1580 K: 1 Environmental Laboratories,Inc. Phone:(813)630-9616 Fax:(813)630-4327 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,T1509243003 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 delta-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'-DDD ug/Kg 0.11 0.11 U Endosulfan II 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) ug/Kg 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 ug/Kg 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. 4 3004.1.0.0 7 ---------------' Advanced Environmental Laboratories,Inc 9610 Princess Palm Ave Tampa,FL 33619 f\ \,1� Advanced Payments: P.O.Box 551580 Jacksonville,FL 32255-1580 - i-= ;' Environmental laboratories,Inc. Phone:(813)630-9616 \ Fax:(813)630-4327 QUALITY CONTROL DATA Workorder: T1509243 Emmanuel Lutheran LABORATORY CONTROL SAMPLE: 1798975 Spike LCS LCS %Rec Parameter Units Conc. Result %Rec 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 3.6U 0 0 45-137 0 30 gamma-BHC(Lindane) ug/Kg 0 17 3.8 3.8U 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 52-136 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'-DDD 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'-DDT 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 Report ID: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 Laboratories,Inc. 3004.1.0.0 Advanced Environmental Laboratories,Inc iFeL. ----.., 9610 Princess Palm Ave Tampa,FL 33619 \I Advanced Payments: P.O.Box 551580 Jacksonville,FL 32255-1580 i Environmental laboratories,Inc. Phone:(813)630-9616 Fax:(813)630-4327 QUALITY CONTROL DATA Workorder: T1509243 Emmanuel Lutheran QC Batch: DGMt/1328 Analysis Method: SW-846 7471A QC Batch Method: SW-846 7471A Prepared: 07/14/2015 14:00 Associated Lab Samples: T1509243001,T1509243002,71509243003 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: T1509243001,T1509243002,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-D 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-T 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 full, without the written consent of Advanced Environmental Laboratories,Inc. 4 a w: =°.AOr 3004.1.0.0 Advanced Environmental Laboratories,Inc 9610 Princess Palm Ave Tampa,FL 33619 �� = \! Hdvanced Payments: P.O.Box 551580 Jacksonville,FL 32 255-1 58 0 Environmental laboratories,Inc. Phone:(813)630-9616 i Fax:(813)630-4327 QUALITY CONTROL DATA Workorder: T1509243 Emmanuel Lutheran METHOD BLANK: 1801714 Blank Reporting Parameter Units Result Limit Qualifiers 2,4-DB 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 40 37 93 28-155 2,4-D ug/Kg 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-DB 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. "Oqo, 4 4,°ii 3004.1.0.0 Advanced Environmental Laboratories,Inc - �.._ �, 9610 Princess Palm Ave Tampa,FL 33619 �� fldvanced 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 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 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: DGMt/1335 Analysis Method: SW-846 6010 QC Batch Method: SW-846 3050B Prepared: 07/20/2015 09:00 Associated Lab Samples: T1509243001,T1509243002,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 j 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 /...—\ CERTIFICATE OF ANALYSIS This report shall not be reproduced,except in full, without the written consent of Advanced Environmental Laboratories,Inc. `OqO, 3004.1.0.0 Advanced Environmental Laboratories,Inc /-- ---------N 9610 Princess Palm Ave Tampa,FL 33619 � ,,, fldvanccd Payments: P.O.Box 551580 Jacksonville,FL 32255-1580 I Environmental laboratories,Inc. Phone:(813)630-9616 Fax:(813)630-4327 QUALITY CONTROL DATA 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 I 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 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. t' FCt. O' r _ e 3004.1.0.0 ____ Advanced Environmental Laboratories,Inc 9610 Princess Palm Ave Tampa,FL 33619 (--: / Advanced Payments: P.O.Box 551580 Jacksonville,FL32255-1580 ---- Environmental Laboratories,inc. Phone:(813)630-9616 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 T1509243001 SS-1-South SM 2540G WCAt/4087 T1509243002 SS-2-NE SM 2540G WCAt/4087 T1509243003 SS-3-NW SM 2540G WCAt/4087 T1509243001 SS-1-South SW-846 3550B EXTj/1829 EPA 8081 GCSj/1584 T1509243002 SS-2-NE SW-846 3550B EXTj/1829 EPA 8081 GCSj/1584 T1509243003 SS-3-NW SW-846 3550B EXTj/1829 EPA 8081 GCSj/1584 T1509243001 SS-1-South SW-846 7471A DGMt/1328 SW-846 7471A CVAt/1090 T1509243002 SS-2-NE SW-846 7471A DGMt/1328 SW-846 7471A CVAt/1090 T1509243003 SS-3-NW SW-846 7471A DGMt/1328 SW-846 7471A CVAt/1090 T1509243001 SS-1-South 8151 EXTj/1833 EPA8151 GCSj/1623 T1509243002 SS-2-NE 8151 EXTj/1833 EPA 8151 GCSj11623 T1509243003 SS-3-NW 8151 EXTj/1833 EPA 8151 GCSj/1623 T1509243001 SS-1-South SW-846 3050B DGMt/1335 SW-846 6010 ICPt/1172 T1509243002 SS-2-NE SW-846 3050B DGMt/1335 SW-846 6010 ICPt/1172 Ti 50 924 3 0 03 SS-3-NW SW-846 3050B 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. _rogo., < 1 6t= 3004.1.0.0 f1N UI J, O0'tiO9dlii iilSII1 2 , maw OW Jag iuUhIUlIt I id 4fr_ m hill al ' m iiilI11IU1I '.a, g s h co ti uj m IIIMIIMIIMIMIMIF 1 —4 .. t en ig 11II1III1ji s 1UU 7 yire smoFP: bo V' � lieRS � i �I, 1 I 4 am t I.' 1 0 i \ N _ . . zma s M o- ® p3?�U1b3�J SISA1YNV . 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' . 1 t ;,'; sgil rte...--�- r: Tuesday,Juiy 28,2015 8:42:18 AM Page 17 of'7 ate. • ATTACHMENT B Field Event Photographs „c ENVIRONMENTAL WATER RESOURCES CONSULTING ' . - ' 4 '''''' '' , '.. , ,,:-., . ,,,., 7.....-- ,*. t -ate. ` , r � .t»s � 4 wqr f r x ,. °1' `' 14k mks , -. , .-'-.,L.........,/,i,,..4'-'.`. , '- ....,-..---A"-':*-- ' ,..- ,:', --t; •.- - --- -4,414F' ," k., i. 3d d yam h4 �9 ' 1101117,W 70r.:,,.:-.'4.- 4-- ,,,,'' ' --—Looking SE at sample SS-1 South location—Discrete, Close Proximity Grid(typical) te f y; il�� :r. 1 ,",tJ y �N L, ° � /`' �e } ‘ i - � +' �X �+ ark �- =�� :-rte'`` >_ � + ,i- a Soil sample SS-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 PL20150000262 LLC Source: KMEC,LLC-Photos Taken: July 7,2015 PHOTO PAGE 1 ENVIRONMENTAL WATER RESOURCES CONSULTING ta- ',.',-..".,'•wl*iir‘: 411....iiiiie.57.,c-A9A.:M s u. w { NIttlflir %, .,., _.° & R° 4 -t ST,gu.- �. *F` ss �T , V it"''' -.)t., 4 ,� .: "# _ 1 mom.. t _ t °Y( '. r 1 1 _ ; .� ppµ " *x ,. ,.1...,,,,,,,ri ' * yd` -4 r c �', ,." mow :d .- s ___ ;. ' `" ' ` ' lir* Showing typical depth of sample collection at each location on grid v 1 1 1 � Looking northeast at SS-2-NE location n SOIL SAMPLING—TYPICAL PHOTOGRPAHS SPECIFIC PURPOSE SOIL SAMPLING EVENT Emmanuel Evangelical Lutheran Church of Naples LLC PUD Application PL20150000262 Source: RMEC,LLC Photos Taken: July 7,2015 PHOTO PAGE 2 ENVIRONMENTAL WATER RESOURCES CONSULTING • • Looking north at SS-3-NW location 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 PI1OTO PAGE 3 ENVIRONMENTAL WATER RESOURCES CONSULTING HOLE TES ENGINEERS•PLANNERS•SURVEYORS "■. 950 Encore Way•Naples, Florida 34110•Phone 239254.2000•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. 3 Robert J. Muihere,FAICP Director of Planning RJM/sek H:\2006\2006096\WP\PDI 2015\NIM\NIM Letter(7-10-2015).docx tanks a 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. f (Signature of Applicant) ROBERT J. MULHERE, FAICP (Printed name of Applicant) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Affidavit of compliance was acknowledged before me this 10th of July, 2015, by ROBERT J. MULHERE, FAICP, who is personally known to me or who has produced as identification. (Signature of Notary Public) (Notary Seal) f vt Notary wem Printed�Name of otary ; 4'4" STEPHANIE KAROL ;_ MY COMMISSION#EE 163504 EXPIRES:March 9,2016. '' pF f,;V Bonded Thru Notary Public Underwriters PUBLIC NOTICE PUBLIC NOTICE ' PUBLIC NOTICE , MEATAMBORHOOD P - r,ATKIN ' 1JE-7111P--. NAPLES DAILY NEWS The public is invited to attend a neighborhood information meeting held by Published Daily Robert J.IVMulhere, FAICP of Hole Mantes, 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. Affidavit of Publicatic Corner C.unty OF/IFAS Extension 14700 Immokalee Road, °:°ulti Purpose Room State of Florida Naples, FL 34120 Counties of Collier and Lee The subject property contains approximately 22 acres, and is located on Before the undersigned they serve as tl the south side bf Oil Well Road, approximately one quarter-mile west of the appeared Daniel McDermott, who ono intersection of Oil Well Road and Everglades Blvd. in Section 19, Township 48 South, Range 28 East, Collier County, Florida. The property was rezoned Inside Sales Manager of the Naples L 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 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 was published in said newspaper 1 tim �3 nge r�E i� t scho i — , on July 10, 2015. i Utlll — ^, �k fir_:._. P_—_ , mil=__ OIL WELL—ROAD t:t Affiant further says that the said Nap A r = _ published at Naples, in said Collier Cu i r� ' Q NGETREE newspaper has heretofore been continu "i o I; wA J T - County,Florida; distributed in Collier — �N ` r per' "' each day and has been entered as secor. --` ; . `� ; office in Naples, in said Collier Count} --' -- --- .___ _:_.._ _. __ k ___ ,• __—......: —.. co n I _ o year next preceding the first publicatic .._. - --•MILE ----_-- advertisement; and affiant further says — ii SCALE Ire MILES ` promised any person, firm or corporati Prepared by �oE� ,n, �`� —`— Naptes r-t_ir-VI EMMANUEL EVANGELICAL LUTC-IERAN. commission or refund for the purpose c -J, Pbone;(235)254-2000 CHURCH OF NAPLES HOLE li ONTE4 Florida Gertlecate of publication in the said news?,:l r. a'� +�' ti ' I Aiithanzation tqc 1772 LOCATION Ci AP. • j ----D--e---- . r" WE VALUE YOUR INPUT I (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 County staff. If you are unable to attend this meeting, but have questions or Sworn to and subscribed before me comments, they can be.directed by mail, phone, or e-mail to: This 16th day of July, 2015 Robert J. Mulhere, FAICP, Director of Planning • Hole Montes, Inc. j • E a ,GO. -- - 950 Encore Way, Naples, Florida 34110 (Signature of notary public) . ' Phone: 239-254-2000; bobmulhere @hmeng.com No.231121362 - July 10.201.. 11 _ I ..51/e, Notary Public State of Florida ° Susan D Flora ,` AI' My Commission FF 040250 • - of iePr Expires 07/28/2017 ' Use vee9®Labels A Bend along line to 1 CA AVERY®5160® I Use Avery Template 5160® g Peed Paper expose Pop up EdgeT�' 1 'ODOR,JORGE AZUL 6107 LLLC BENITEZ,SANTOS M FLORES J 35TH AVE NE 544 ALMINAR AVE NYLEEN FLORES NAPLES,FL 34120-1582 CORAL GABLES,FL 33146-1704 2980 35TH AVE NE NAPLES,FL 34120-1582 . BRAVO,FERNANDO=&DIGNA I BROCK,DEVIN=&PAULA BT INVESTMENTS 01 LLC 1855 W 62ND STAPT 218 644 94TH AVE N 2400 OIL WELL RD HIALEAH,FL 33012--6003 NAPLES,FL 34108-2447 ' NAPLES,FL 34120-0000 • I I BUSSARD,DANIEL A=&AMANDA D CARLYLE,PATRICIA K • CARRILLO,CONSTAIN 2995 31STAVE NE 4375 MEADOWLAND CIR 8104 SW 136TH PL NAPLES,FL 34120-0000 SARASOTA,FL 34233-1303 MIAMI,FL 33183-4187 • CASTINEIRA,BRAULIO CATALANO,RENEE COLLIER CNTY 2830 31ST AVE NE KRISTIE SERRANO C/O REAL PROPERTY MANAGEMENT NAPLES,FL 34120-4476 34 LE MANS DR 3335 TAMIAMI TR E,STE 101 NAPLES,FL 34112-9126 NAPLES,FL 34112-0000 COLLIER CNTY COLLIER CNTY CONGINE JR,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 ...,ALES,FL 34112-0000 NAPLES,FL 34112-0000 CONGINE,BETTY M CUBAS,GUILLERMO CUEVAS,LILLIAN , BETTIE J SYKES YOLANDA CORTIJO CUBAS 2740 31ST AVE NE VITO J CONGINE JR 17011 N BAY RD APT 801 NAPLES,FL 34120--4542 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 PLEASANT AVE DAY TRUST 2760 31STAVE 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 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 LUTHERAN CHURCH CHURCH OF NAPLES INC CHURCH OF NAPLES INC 777 MOORING LINE DR 777 MOORING LINE DR 777 MOORING LINE DR "J ES,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 `Easy Peel®Labels i ® KNINOM Bend along line to it n ,L4''AVERY® 5160® Use Avery®Template 5160® Feed Paper expose Pop-up EdgeTM V S I • EMMANUEL EVANGELICAL LUTHERAN EMMANUEL EVANGELICAL LUTHERAN I 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 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 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 31ST AVE 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 52766-0062 NICHOLS,IA 52766-0062 2540 35TH AVE NE �1 NAPLES,FL 34120-0000 GOEDEKE,MARGARITA GOEDEKE,MARGARITA MADERA GREER,JENNA NICHOLE 2785 31ST AVE 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 • HINES,GARFIELD HUTCHINSON ETALS,LARRY W JC DRAINFIELD INC EDELL HINES 1331 AUGUSTINE DR 768 COMMERCIAL BLVD 4685.8TH ST NE THE VILLAGES,FL 32159--8536 - NAPLES,FL'•34104-4797 -• NAPLES,FL 34120--2904 JC DRAINFIELD INC JC DRAINFIELD INC JC DRAINFIELD INC 768 COMMERCIAL BLVD 768 COMMERCIAL BLVD 768 COMMERCIAL BLVD NAPLES,FL 34104-4797 NAPLES,FL 34104-4797 NAPLES,FL 34104-4797 • JC DRAINFIELD 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 C� i ® Bend along line 4o a CA ® ® 1 tEasy Peel Labels 9 , AVERY 5960 Use Avery®Template 5160® I, Feed Paper expose Pop-up Edge"' A A 1 �j ! .' ' EPH,BOBBY JUNKER,GREGORY S=&KATHLEEN L KIRNON,ANNA LOUISE i 31ST AVE NE 2402 ROCKWELL AVE ANTOINEALDRIC KIRNON NAPLES,FL 34120-0456 CATONSVILLE,MD 21228-4753 2685 31ST AVE NE NAPLES,FL 34120-0000 KUNTZ,JOHN E=&MARY A LAURORE,KENOL=&SANDY i LINARES,HECTOR G 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 31 STAVE NE NAPLES,FL 34120--0541 PO BOX 653033 NAPLES,FL 34120-4541 MIAMI,FL 33265-3033 •I i . • MCDONALD,SHANE MERCADO,MARCELO MINEO,MARCO 2795 31ST AVE NE LILLIAN GUADALUPE 2680 OIL WELL RD NAPLES,FL 34120---4477 I 3125 EVERGLADES BLVD N NAPLES,FL 34120--4529 NAPLES,FL 34120-1700 MINEO,MARCO MM PROPERTY INVESTMENTS LLC MOHRING,KATHLEEN A Q880 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 3413 TISDALE DR 5051 PALMETTO WOODS DR 556 SW 6TH CT - • ! KY 40503---4234 NAPLES,FL 34119-0000 ' I ARGA E i-,.33068-2930. •• ,. 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 Easy Peel®Labels it © Bend along line to N nVE( Y®5160® o `Use Avery® Template 59600 . Feed Paper i expose Pop-up Edgerm 1! b 1 r RENTERIA,MARIA G REYMARRE CORP RIBISI,CHRISTIAN=&NORMA ,--", HILARIO ROGRIGUEZ-MENDEZ 821 NW 32 CT 3415 EVERGLADES BLVD N 298031ST AVE NE MIAMI,FL 33125-0000 NAPLES,FL 34120-0000 NAPLES,FL 34120-4505 • 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 MIJANGO ROSS,RANDOLPH R=&JOYCE T SAN LAZARO INVESTMENTS LLC 3745 41ST AVE NE 2640 31ST AVE NE 3506 E 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 BANKTR 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 BONNIE L JOLLY WALSH 2400 OIL WELL RD • 3291 NW 42IN.SQ ST 2400 C'Illyi El<I_RD 4 6•0 01,(E ° ._ NAPLES,FL 34120--1471 . ; `•FORT LA R1444:-FL- 33309--4224 NAPLES,FL 34120--1471 3 0 _ 3 ‘ c ai ao D L13 Z) c .= O O < Y` 6 'j Q, L c .-- °.� LZ C O O E =s O L +, _ .� V W a^ E v c W y ( , 44 L 2 M O .J-0 .N3 c 4- -z , 0 .:.., zm 0. ,_ 0 -0 y L 7 w L "' S\ 0 0 V ingi 1-0 c/1 y Q. 4 1 Gfr '-1 W .. >-I all .., z \ — Lei 4,0 Lo W r o � C rl 1-4 c y w � N N Z9 � m � v � .J r i ►1 , „ tea * v c c ,S 1 0 �/�/� � Z � � � . r,p, h+�l V L .... 3V tin ,Vu i+ y L 3 r -a u O W W c a c Z U 3 O L Q. A V on 4 O U f0 c N Y Q �'•••Vrj �-+ � � � c ® �2 o W c i O N d o � _ Z � -\ 3, ON ^ c a 3 � C o t▪ ' 'u \ \ --) C2 a , ,,...,...,....._. _ ,,,.\ ‘_, 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 Mulhere, 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? No, it would not be limited to a particular day. In the summer months it would be used more, in the winter it gets dark earlier, so primarily used after-school and on weekends. 1 H:\2006\2006096\WP\PDI 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:\2006\2006096\WP\PDI 2015\NIM\NIM Summary 7-27-15.docx You have five years to build the church, right? No, the approval for the athletic field is for five years. If the church isn't built at the end of five years, PP y 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:\2006\2006096\WP\PDI 2015\NIM\NIM Summary 7-27-15.docx SIGN POSTING INSTRUCTIONS (Section 10.03.00,COLLIER COUNTY LAND DEVELOPMENT CODE(LDC) A zoning sign(s)must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15) calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs,however these guidelines should not be construed to supercede any requirement of the LDC. For specific sign requirements, please refer to Section 10.03.00 of the LDC. • 1. The sign(s)must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails,staples,or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place,and readable condition until the requested action has been heard and a final decision rendered. If the sign(s)is destroyed,lost,-or rendered unreadable,the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER - ∎1 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 , 200-15 by ROBERT J. MULHERE , personally known to me or who produced as identification and who did/did not take an oath. VG _ + STEPHANIE KAROL Signaturb of Notary Public ! 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'' 0 . 1 P. a V NN 8F `-' I ; I - J 1 ti Z I L— Grass Parking Area -_J I H• _T I 25' Wide Type 'B' Landscape Buffer c cm II ; 1 within 75'wide Setback 8 'I ; l_; T i Zoned: E Estates hi (Land Use is Vacant) %'z v • D < ox ,0 aZ I a o2CO Q D Z D ° N C~ m II 0 -. lA i+if ■ m N_ Q t7 < - to -D q o°ot,O) cf m t d 7 o m o P V rn d I a i SWAMI WPM&WHOM M- I I NAPLES DAILY NEWS (( Friday,November 20,2015 u 25A PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, December 10, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: 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 C.R. 846 LEE COUNTY COLLIER COUNTY PROJECT CR. 858 LOCATION 8 N 1 N X 1-75 S . 84 P'N'91/604(e8-oVJN3d ■ All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division ocated at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252- 8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.800242 November 20,2015 HEX 12-10-2015 SV—PL201 50001 856 RACETRAC Ann P. Jennejohn From: BeasleyRachel <RachelBeasley @colliergov.net> Sent: Monday, November 09, 2015 10:30 AM To: Minutes and Records Cc: Gundlach, Nancy;Ann P.Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; Lang, Ashley; Neet, Virginia; Rodriguez, Wanda Subject: Racetrac at Davis Advertisement Request Attachments: Race Trac Legal Advertisement Request.docx; Race Trac Signature Page.pdf; Race Trac (2x3) Map.pdf Good morning, Please advertise the RaceTrac at Davis petition attachments for the December 10, 2015, HEX hearing. Sincerely, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department—Planning & Regulation Telephone:239.252.8202; Fax: 239.252.6483 Gofer Comity Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Monday, November 09, 2015 2:23 PM To: Minutes and Records Cc: Gundlach, Nancy; BeasleyRachel Subject: RE: Racetrac at Davis Advertisement Request The title conforms to the one most recently approved by this office, the requested run date is correct, and the ad is otherwise good. OK to proceed. Wanda Rodriguez, .ACP .Advanced Certified Para(ega( Office of the County Attorney (239)252-8400 From: BeasleyRachel Sent: Monday, November 09, 2015 10:30 AM To: Minutes and Records Cc: GundlachNancy; Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; LangAshley; NeetVirginia; RodriguezWanda Subject: Racetrac at Davis Advertisement Request Good morning, Please advertise the RaceTrac at Davis petition attachments for the December 10, 2015, HEX hearing. Sincerely, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department—Planning & Regulation Telephone:239.252.8202; Fax: 239.252.6483 Cow y Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 November 09, 2015 • Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on November 20, 2015, and furnish proof of publication to the attention of Nancy Gundlach, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION:ZONING [Zoning Services Section} FUND&COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500161942 Account Number: 076397 • Auth i ed Designee signature for HEX Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,December 10, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: 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 façade facing Davis Blvd., one with a maximum area of 30 square feet on the canopy façade facing Radio Road, and one with a maximum area of 30 square feet on the canopy façade 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 façade, to instead allow four total wall signs—one on the northeast building façade facing Radio Road, and three on the southeast building façade 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida SANTA BARBARA BLVD.- -q, SANTA BARBARA LANDINGS CO CO rn .m O DA3 p Dx = PLANTATION > ' crni� I z " cmi� _ m H T) cmi�m _I O m .Zml m m o SABAL LAKE X H No 0 H H 0 m _� ^ = O W - r2 y � I' � zm 01 > rn �,9��`s'4? m < D ) .� z z cm z /`S � �.J � m Or1- oo <� v) z a' c> > y cn O z > = K _r*1 Z Np �OZ z �rn O 01- O N 0 / D z m m /0 a' -< > o > ("� SADDLEBROOK o o G7 n 0 mo 0 r rn * EAST GATEWAY o a r- „Ka co m OM mKon > m mm �� i m�c� �n o 7 �� moo ) 0 I— Z c� o m <0 m o 07/,0 , z O ^ O 0 Zm I in rG7 0 2 —� D n -0 N � m xi m Uii r. -i nil 1 tmm O n 1 N 1- y � � v z Z --1 D Dm rI GIN X Acct #076397 November 9, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: SV-PL20150001856 (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) Friday, November 20, 2015 and send duplicate Affidavits of Publication, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500162858 November 9, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on November 20, 2015, and furnish proof of publication to the attention of Board Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} PURCHASE ORDER NUMBER: 4500162858 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,December 10, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104, to consider: 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida SANTA BARBARA BLVD. SANTA ADINGS BARBARA _ m m (19* ( m * PLANTATION 0 ' ' U) I 2 v v) rn cn m D a O m x MI m rr i o SABAL LAKE H N0 0 H D w m o = Vp ri > xA, m cn p �`S 0 v > m '9i 'Q m Z Z mz(/)/S8 n <m o 1- zQJ ° D 0) t /Z 0 \ D O D 2 OZ Np0 � M m0 > > .m 0 0Z 0 or N > 0 D C7 m / Z xi K m 0 -< > 0 > (''' SADDLEBROOK 0 c� o O c)K 0 Cm n * EAST GATEWAY .., ..m-X IC -om o m rn 0w mKx m>m z z Km -D>� �mcm --n o rn m mx om0 Oi -mrnr m r97-I Ar -`'-1 p rn 11 mOOJ 0 0 zKc0, K > cr o rz r D =Z w L—11 0 N - 73 l W r- 0 m 1 0 m I in .-. = r yr o -< P1 I- 0 Nz O n y r > � D Z .� D m H o m m Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, November 09, 2015 4:38 PM To: Naples Daily News Legals Subject: SV-PL20150001856 Attachments: SV-PL20150001856.doc; SV-PL20150001856.doc; SV-PL20150001856.pdf Please advertise the attached notice (w/MAP) on Friday, November 20, 2015. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept 1 1 Ann P. Jennejohn From: Gori,Ivonne <ivonne.gori @naplesnews.com> Sent: Monday, November 16, 2015 2:20 PM To: Ann P.Jennejohn Subject: 800251 Proof Attachments: N D N B800251.pdf Please see proof attached for your review and approval. Thanks! Ivonne Gori Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori(c�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 linPleS Dana Nr1119 m PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, December 10, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: 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. BERKSHIRE MAGNOLIA GOLDEN GATE LAKES HERON POND COMMERCE (DRI) LAKES PARK — CITYGATE E J INTERSTATE-75 COWED BD (DRI) COMMERCE 35 ENTER 33 SHERWO'D 34 Y WHITE LAKE BERKSHIRE GREEN PARK 8 ; INDUSTRIAL PARK LAKES(DRI) HERON WOODSIDE TRIAD 1_75 (DRI) LANES V o ALLIGAT. AIM ALLEY TOLL GATE RADIO ROAD (C.R.856) AIM w PUS` COMMERCIAL PLAZA DRI GALLMAN I-75/COWER ai m� F Y WESTPORT I BOULEVARD COMMERCIAL aZ a g TWELVE .. OMMERCE CENTER m < m LAKES 2 < gz a N m 4 .P-O CEDAR PROJECT WILDWOCD 5 ESTATES OPT LOCATION HAMMOCK NEW HOPE NAPLES HERITAGE FOREST GLEN MINISTRIES GOLF AND COUNTRY CLUB OF NAPLES All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.800251 November 20.2015 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Monday, November 16, 2015 3:58 PM To: Ann P.Jennejohn Cc: BeasleyRachel Subject: RE:Ad Proof SV-PL20150001856 (RaceTrac) The ad looks good. Wanda Rodriguez, .ACP .Advanced Certified ParafegaC Office of the County .Attorney (239)252-8400 From: Ann P. Jennejohn [mailto:Ann.Jennejohn collierclerk.com] Sent: Monday, November 16, 2015 2:27 PM To: BeasleyRachel; RodriguezWanda Subject: Ad Proof SV-PL20150001856 (RaceTrac) Hi The display ad for Petition SV-PL20150001856 (RaceTrac), that will run this Friday, November 20th for the HEX Meeting on. Decewtber 10th, is attached for your review and approval. Please let me know if it looks "O.K." a.s.a.p. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept From: Gori, Ivonne [mailto:ivonne.gori @naDlesnews.com] Sent: Monday, November 16, 2015 2:20 PM To: Ann P. Jennejohn Subject: 800251 Proof Please see proof attached for your review and approval. Thanks! 1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, November 16, 2015 4:01 PM To: 'Gori,Ivonne' Subject: RE: 800251 Proof Looks good Ivonne, please publish Friday, November 20, 201-5 Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Mivtutes & Records Dept From: Gori, Ivonne [mailto:ivonne.gori @naDlesnews.com] Sent: Monday, November 16, 2015 2:20 PM To: Ann P. Jennejohn Subject: 800251 Proof Please see proof attached for your review and approval. Thanks! Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori c(DNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Nil Pla DAB NEWS Nom PL'TLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, December 10, 2015, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610, Naples FL 34104,to consider: 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,1:o instead •allow three total corporate logos—one with a maximum area of 50 square feet on the canopy façade facing Davis Blvd., one with a maximum area of 30 square feet on the canopy façade facing Radio Road,and one with a maximum area of 30 square feet on the canopy façade 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 façade,to instead allow four total wall signs—one on the northeast building façade facing Radio Road, and three on the southeast building façade 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°o 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. BERKSHIRE MAGNOLIA GOLDEN GATE LAKES HERON POND COMMERCE (DRI) LAKES PARK CITYGATE INTERSTATE-75 COLLIER BLVD. (DRI) MIXED USE COMMERCE 35 CENTER 33 SHERWOOD 34 WHITE LAKE BERKSHIRE GREEN PARK INDUSTRIAL PARK LAKES HERON NES A • TRIAD (DRI) -75 (ORI) ANES ALL1EYTi• ALLEY TOLL GATE RADIO ROAD (C.R.856) AI a POD` COMMERCIAL PLAZA(DRI) GALLMAN 5 , H , I 5/OI 5 OLDS¢ WE BOULEVARD STPORT COMMERCIAL Z TWLAKELVE ES , OMMERCE II 2 CENTER m a a" 4 ,Y--%(). 3 PROJECT WILDWOCD 6 y /' HAMMOCK - LOCATION ESTATES Z OP uai EW NINE NAPLES HERITAGE FOREST GLEN MINISTRIES GOLF AND COUNTRY CLUB OF NAPLES All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,.Zoning Division,Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.800251 November 20.2015 NapLr Napirs Battu N NaplesNews.com Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 800251 NOTICE OF PUBLIC HEA Pub Dates November 20,2015 (Sign ure of affiant) Sworn to and subscribed before me 1 � ::d'•, IVONNE GORI This Decembe 16,2015 �1 . Notary Public.State o1 Florida • Commission #�FF 900070 , My Comm.Expires Jul 16,2019 ''7 ••� Bonded through National Notary Assn. (Signatur of affiant) ' NAPLES DAILY NEWS c Friday,November 20,2015 25A PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE , . PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING n Notice is hereby given that a public hearing will be held by the Collier County Notice is hereby given that a public hearing will be held by the Collier County Hearing v Hearing Examiner Examiner(HEM at 9:00 AM.,on Thursday,December 10,2015,In the Hearing Z g (HE)Q at 9:00 A.M.,on Thursday,December 10,2015, Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, FL 34104,to consider: IX Room 609/610,Naples FL 34104,to consider. pETmON NO. PDI-PL20150000262-Emmanuel Evangelical Lutheran Church of WPETITION NO. BD-PL20150001141 -Gregory Gatlin requests an 18.3 Naples,Inc.requests an insubstantial change to Ordinance No.11-23,the Emmanuel foot boat dock extension over the maximum 20 feet allowed by Section Evangelical reli sous and community of Naples,Inc. temporary o,ry amended,sales add temporary y sports,religious,and community events,and temporary seasonal sales es permitted 5.03.06 of the Land Development Code,for a total protrusion of 38.3 feet, accessory uses,to allow the permitted pal use field add e interim t standard use K V to accommodate the expansion of an existing boat dock facility with one prior to construction of a permitted principal use,to add development standards for J boat slip for the benefit of Lot 191,Isles of Capri Unit No.2 subdivision,also the athletic field interim accessory use,to revise development standards for garden CO I described as 172 W.Pago Pago Drive,in Section 32,Township 51 South, plots by removing the prohibition on on-site sales of produce and maximum number Range 26 East,Collier County,Florida. of automobiles,and to delete an environmental development commitment The > D subject property consists of 21.72u acres located on the south side of Oil Well Road, d approximately one quarter mile west of Everglades Blvd.in Section It Township 48 3 hI1IdI� I� South,Range 28 East,Collier County,Florida. ..„ , hi �� / 1 - ..er p _ � � i7sdrNk� N All interested parties are invited to appear and be heard.All materials used '-'e v`.. Nin presentation before the Hearing Examiner will become a permanent part C of the record. O N Copies of staff report are available one week prior to the hearing.The file can be reviewed at the Collier County Growth Management Department,Zoning All interested parties are invited to appear and be heard. All materials used in CD Division,Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. Presentation before Me Hearing Examiner will become a permanent part of the record. i. co C Copies of staff report are available one week prior to the hearing. The file can be O EL O The Hearing Examiner's decision becomes final on the date rendered. If a reviewed at the Collier County Growth Management Department,Zoning Division, 0 T 0 person deckles to appeal any decision made by the Collier County Hearing Zoning Services Section,2800 North Horseshoe Drive,Naples,FL f U O .L Examiner with respect to any matter considered at such meeting or hearing, The Hearing Examiner's decision becomes final on the date rendered. If a person 0 C - U he will need a record of that proceeding,and for such purpose he may need decides to appeal any decision made by the Collier County Hearing Examiner with N (J 0) to ensure that a verbatim record of the proceedings is made,which record respect to any matter considered at such meeting or hearing,he will need a record of -O O) N 0) includes the testimony and evidence upon which the appeal is to be based. that proceeding,and for such purpose he may need to ensure that a verbatim record < < 0) 0 of the proceedings is made,which record includes the testimony and evidence upon • If you are a person with a disability who needs any accommodation in order which the appeal is to be based. . to participate in this proceeding,you are entitled,at no cost to you,to the If you are a person with a disability who needs any accommodation in order to provision of certain assistance. Please contact the Collier County Facilities participate in this proceeding,you are entitled,at no coat to you,to the provision of Management Division located at 3335 Tamiami Trail East,Suite 101,Naples, certain assistance.Please contact the Collier County Facilities Management Division Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252- • 8380,at least two days prior to the meeting. • C Mark Strain, Mark Strain, .- Chief Hearing Examiner Chief Hearing Examiner I IO Collier County,Florida Collier County,Florida N No.000225 November 20 2015 No.aw242 Novemberdn MI5 0) r U) PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE N Q U Q NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING ao Z M Z Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner Notice is hereby given that a public hearing will be held by the Collier County Hearing (HEM at 9:00 A.M.,on Thursday,December 10,2016,in the Hearing Examiner's Meeting Examiner(HE)Q at 9:00 A.M.,on Thursday,December 10,2015,in the Hearing Room,at 2800 North Horseshoe Drive,Room 809/610,Naples FL 34104,to consider: Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 809/610,Naples, a) av PETRION NO,Sc-PL20150001856-Raver Petroleum,Inc.requests a variance hem LDC FL 34104 t0 consider: . Section 5.05.05.C.4.b,skid,limits a facility with fuel pumps canopy to one corporate logo with E a maximum area of 12 square feet on the canopy race adjacent to a dedicated street,to instead PETITION NO.VA-PL20150001635-Evansburg Properties,LLC requests a variance is O allow three total corporate logos-one with a maximum area of 50 square feet on the canopy from Section 4.02.01 A.,Table 2.1,of the Land Development Code to reduce the front facade taxing Davis Blvd.,one with a maximum area of 30 square feet on the canopy facade yard principal p 0) Z O faun Radio Road,and one with a maximum area of 30 square feet on the canopy facade fact Ya P pal structure setback line from 30 feet to 23 feet in order to replace and J C T southwest,which is not adjacent to a dedicated street;from LOC Section 5.05.05.C.4.c,which enlarge the existing stairway to the front entrance of the dwelling unit on property E Mmes each facility with fuel pump site to one ground sign with a maximum area of 60 square feet within the Residential Single-Family-3(RSF-3)zoning district located on Lot 11,Block O O located wxhin a 200 square toot landscaped area,to instead allow two total ground signs on R,Canners Vanderbilt Beach Estates Unit No.3,also described as 332 Conner's site-one 60 square foot gas price sign along the Davis Blvd.frontage,and one 60 square foot Z Q) O gas price sign along the Radio Road frontage;from LDC Section 5.06.04 F.4,which limits single Avenue,in Section 29,Township 48 South,Range 25 East,Collier County,Florida. qj N O 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-ogre on the northeast building � � •. Q CO 0 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 ��i 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 Racer facility with fuel pumps located °" 01 Qf1O 11- Riir- ,D'il on the northwest comer of the Radio Road and Davis Blvd.Intersection,In Section 3,Township 50 South,Rage 26 Eft,Collier County,Ronda,consisting of 3.5az acres. �� _ PROJECT eeel LOCATION ��2 ereesxre-rem e �l``l^�5a^1I!!',�rr,� ,��8'e rw,,.,°w„a w cwt "" Ai©Iii[li l4�l m.oh s r... 7 LI'®j P All interested fore the are invited to appear and be heard. en All part used d. presentation before the Hearing Examiner will become a permanent part of the raced. �. PROJECT Uri O , '�' LOCATION Copies of staff report are available one week prior to the hearing. The file can be r.. ,, ' reviewed at the Collier County Growth Management Department,Zoning Division, N Zoning Services Section,2800 North Horseshoe Drive,Naples,FL All interested parties are Invited to appear and be heard.All materials used in presentation es before the Hearing Examiner will become a permanent pan of the record. The Hearing Examiner's decision becomes final on the date rendered. If a person �j O Copies of staff report are available one week prior to Inc hearing.The file can be reviewed at decides to appeal any decision made by the Collier County Hewing Examiner with C f\ •%a the collar County Growth Management Department zoning Division,zoning services section, 2800 Noon Horseshoe Dave,Naples,FL. respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record The Hearing Examiner's decision becomes find on the data rendered.If a parson decides to of the proceedings is made,which record includes the testimony and evidence upon appeal any decision made by the Collier County Hearing Examiner with respect to any matter which the appeal is to be based. considered at such meeting or hearing,he will need a record of that proceeding,and for such �tt tt E purpose he may need to ensure that a verbatim record of the proceedings is made,which record It you are a person with a disability who needs any accommodation in order to includes the testimony and evidence upon which the appeal Is to be based. participate in Mis proceeding,you are entitled,at nt cost to you,to the provision of CDIf you area person with a disability who needs any accommotlafion in order to participate in this certain assistance.Please contact the Collier County Facilities Management Division �M proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112.5356,(239)252- - ' contact we Collier County Facilities Management Division located at 3335 Taami Trail East, 6380,at least two days prior to the meeting. tri 0 Suns 101,Naples,Florida 34112-5356,0391252-8300,at least two days pnm or to the meeting. Mack Strain, Mark Strain, ZChief Hearing Examiner Chief Hearing Examiner mi.... carer county.Florida Collier County,Florida $ae ^ No NOM November an MI5 Na a44255 November 20 20I5 • tt C13 pq .i fail:' AGENDA ITEM 4-C Co er County 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 façade 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 2.5 percent SV-PL20150001856, RACETRAC SIGN VARIANCE Z EXHIBIT November 5,2015 Page 1 of 8 ■ •. — -- -- i 2 COUNT,BARN ROM) 1B C px A u R �� iii h�- 11 , / i p' g ; i ----.%,..),...._ 7,41-j'----.7. SANTA BARBARA -. FVARD � y ;f ! PLMTAiga B p 1 p WM.LW ' r L71-11 - . K:. ,. - r. ,166,... 8.1 1 :ir -1 6',4\ g 0 U t D ! l'' '1 i 1 , SI 1g I 4 . ,O 1 '11 6 :i x'11 , l u _ n N spI Z 11x� i b , -+ WT 1M. l . m N b CO 16R BOA F ARO}r y r �I �� q��y —.__—__... •Ie CR 951 COL L1FR BOULEVARD ! _......4)D 5`- 11 ' _ ! 1 0 ° N � I : Q i u iii ,1 - 1 L_________ z , V 1 , — r L.._ '' m i m S r F u o i I' ? J C �g O Z Tt r, c1,D SCALE ---\ r , 'to, „ ; ,,,' N; 4/011©©11©0 b6 .w i . N ogys RMF-12(7) RMF-1218.9) I Z SR eO ! 44b i 2 4 ¢ i I Z " 0 -0 r 1 . o . - ....... _ . ,,, , . I • .... • . .. , " , ..) . . -. E..; .0 9- -a • 4 " 4� zl ??,- { 0 PALM �RRADB kW ^1 m �, � m - OAS 1 - - 0 g 4'. i °pV �Q> •O 0yO °O. \ ‘ ENAIIII MI 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 3of8 �� ri .a4 fp i .t., ,, i , ,,,,,„ x rill ll. I ro yA4 a "iv, -� , - S .. i Subject Property de za,wt. 474 .i„ . , r _�,, ,` a x / p r^ I1 41ff r 0..42fe 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 Staffs 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 -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: 14L4i n(ws2.01 NANCY G + H, AICP, PLA DATE PRINCIPA V A ER ZONING DIVISION REVIEWED BY: 1,-5. RAYMIP V. BELLOWS, ZONING MANE DATE ZONIN IIVISION •��i��'l F" /1 - €4 - 1- MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION SV-PL20150001856,RACETRAC SIGN VARIANCE November 5,2015 Page 8 of 8 November 18, 2015 DELISI 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; 17. One (1) electronic copy of all plans and documents. Photos of the installed sign will be provided upon installation and prior to the 25th 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 Fitzgerald, Inc. John 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 e-■ Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.collierxov.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 To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION 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: 770431-3953 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: 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 Cdti4 er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239) 252-6358 PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application. If space is inadequate, attach 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: C-3 Land Use of Subject Parcel: Vacant Commercial If a wall sign, length & height of wall upon which the Sign will be secured: See attached Width of Subject Property(road frontage): 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 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 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? 2/12/2014 Page 3 of 5 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 SUBMITTAL REQUIREMENTS CHECKLIST See Chapter 3 I. of the Administrative Code for submittal requirements.This completed checklist is to be submitted with the application packet in the exact order listed below,with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application (download current form from County 6 © ❑ website) Pre-Application Notes 1 ❑ Affidavit of Authorization signed and notarized 2 © ❑ Survey or Site Plan of Property 6 n ❑ Location Map depicting major streets in area for reference 1 © ❑ Completed Addressing Checklist 1 © ❑ Once the first set of review comments are posted, provide the assigned project manager the Property Owner Advisory Letter and 1 n n Certification Electronic Copy of all documents and plans * Please advise: The Office of the Hearing Examiner requires all 1 © n 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 Co tier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliiergov.net (239)252-2400 FAX:(239) 252-6358 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20150001856 1, William Milam (print name),as President (title,if applicable)of Del Lego ventures,Inn. (company,If a plicable),swear or affirm under oath,that 1 am the(choose one)owner n applicant contract purchaser' that: 1. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided unencumbered by the conditions and restrictions imposed by the approved action. 5. We/I authorize DeLisi Fitzgerald,Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp.pres.or v.pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically he 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 he identifiecl as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance,first determine the applicant's status, e.g., individual, corporate, trust, partnership, estate, etc., and then use the appropriate format for that ownership. Under penalties of perjury,I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. I Ids Signa e Date STATE OF KARIBA ec ref/ A COUNTY OF GOWER. Cria The foregoing instrument was sworn to (or affirmed) and subscribed before me on 1 Ca/ (date) by ,ll l FV4t iettl! (name of person providing oath or affirmation), as ere„ i who is personally known to me or-who has produced ( pe of identification)as identification. STAMP/SEAL Signatu ie:o€'l iary Public. Cr10&ca t-o0115\155 2/12/2014 Page 5 of 5 Cod er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) 252-5724 WWW.COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre- application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC (Street Name Change—Unplatted) ❑ PNC (Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans & Plat Review) ❑ VA (Variance) "' ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal &Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER Sign Variance LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be 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 unplatted 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) 20140001732 SDP - or AR or PL# Co Uer County ....,--N--,„. .......... COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) 252-5724 WWW.COLLIERGOV.NET Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) 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: 6,14 �^o-c-4 Date: 8-6-2015 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED y ' it ' + . � # [ fly. i..1 '� s s °fix R >F. ' "tea' 1r ? + ' ' . 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Cori U, a a cD e J W /� C < N N �/ CIO CD cn O—FD- CO mu CD C) a n CD C N N y =Co O K ,D..t O cp co CD C p- N r' ° C'1 O cD O co p' = co = = C F SS • ' C O co O J i "jj ! uij n i O < CD O 'l.' .E CD d c, co m 5 R 2 r F s a) 711 (Q gill <D ls- 1do= 04 DELIS' FITZGERALD, (NC. 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 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 (I) 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 DELIS! F TZGERALD, INC. Planning-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 5.06.08.B. The sign variance is requesting signage on the fuel canopy that does not face a right-of-way, an increase in the allowable square-footage of the fuel canopy signs, a total of three (3) signs on one (1) facade, 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 ^ logo. Code limits the size of a corporate logo on the fuel canopy and for RaceTrac this results in a sign with illegible lettering. Also there are proposed signs on the convenience store building that do not exceed the allowable wall sign area but do result in three (3) wall signs on one (1) facade when code limits the signage to one (1) wall 1605 Hendry Street a Fort Myers,FL 33901 a 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. Additional information on each request may be found in the Variance Justification submitted with this application. 2 4'0 040016 « , 4 V t :r * °.fit ' a : 'A` $ t i y} . d � „ I _ < t 4� �� _ ; [ iii �� iw Ia°gal _47?.i+,-alp= ° _[ "'ti' •"-,:''''." 1 # lfr' a .« . ' 4 f "� 4� 44. �ra �� ° €.. a . `. 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I-1m3 �� . 630 rnA ›gm D a e A fie: § M °A, ,IL,"1° I 1 mm Eli D v $$ °' m -..D m• F. -dg i , 1111116 \ m m d Z _r O by r �.. _ -__ p - t.4, -., 4 1 ® ., i• 'c 0 '�g 4 $ 1a I tz I-� p84E g I — _ m S - 4 $ a -- J . ....• ____... ... .... _dm: ,,_g ,,, ____,---HI 0 g 4 „---' , .. . _...„..... .1M" _ N 5m__. . . , . -„,„ .„._ ...:: _ z r m F 2 1 4 we n -- - ' EXISTING RADIO ROAD(CR-656)(PUBLIC-165'R O W) m -„'' o g z s p Ni (i� a j d ,pn a n PLAN REVISIONS OWNER/DEVELOPER: 5 _ $ N KRIST NA M.JOHNSON,RE(FOR HD FIRM) R 3 $ 2 DATE DESCRIPTION RACETRAC PETROLEUM,INC. FLORIDA P.E NO.]3)93 '}' yn 1p r^� p�/^ Z g .�'-'8 01'S Z m 3325 CUMBERLAND 9O339 D.SUITE 100 DELIS!. �I 1 Z i7 E i1.A L Y• I N C, ,�.r '��'c 3 4 < r p10JECT:W 339 c m D o PROTECT: Planning-Engineering Project Management :CI 42 2 p ¢ z N /Racer/ace.J 1605 Hendry Street y g ?,. Gl Fort Myers,FL 33901 v �O DAVIS BOULEVARD 239-418-0691.239-418-0692 fax — om nn rZ_ 2 Z Z FI Id Cendict,of AUtM1Oriation_1,1°i a W £ �' (EPN#1161 -STORE#XXXX) 90 mm,e ,,m,n� 0 9 n9"'")E9'3 •m , Mlle.111111111111111■ 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 10.02.02.6.12 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 form. This form must be completed and submitted to the Property Appraiser in order to complete the Lot Split process. JOHN HOIILDSWORNU John R.Houldsworth Senior Site Plans Reviewer Engineering Services Growth Management Division Collier County Government John 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 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 0732'08",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. „, •, . . . . • .1,.."....•-•;• • 2,\Active Projects\R\Radio Davin Rezone\DWG\Planning\2015-04-16 RD—P—EL456.thvg(COP(2))Frad.Hood Jun 25,2015—8:12om 14.,Se 114 iv I :'•;-:•; •,,,, ZONING• WOODSIDE LANES PUD . . 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' 8 J i 11%1 yy 8 ,z° w w p 5I--z a-�d Z ` al. ah •, iC nN � �0 O m Y Q Z I 0.r l\- a _ ,-MY Bl�, I al i� L,,2 C t W NO $ ;a OI mZN O�U,N z t m a --€ 0- ce m 11 p to- ^ . f • 9tZ V'� - o 3Zl,£5.88 N VO - N01035 3NI H1ON w 8 0 3NV1 QICIV I 08§D O 1 m ell r. °SI , N H a h U SUBMITTED: SEPTEMBER 28, 20105 REAL ESTATE PURCHASE CONTRACT THIS REAL ESTATE PURCHASE CONTRACT (this "Contract" is Georgia company ("Purchaser") and DAVIS & RADIO, LLC, a Florida between o liability corporation a VENTURES, INC., a consideration for the mutual covenants herein contained, for Ten Dollars ($10.00) and for other valuable consideration,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 Paragraphs, nor in the attached Exhibit "Al', 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 (defined below). (the "Purchase Price"), payable by cash or certified funds at Closing 3. EARNEST MONEY. Purchaser shall deliver to the Title Company p y (defined below) 1111111111.11.1 (1111.111.1110 as Earnest Money (the "Earnest Money") within five (5) business days after the Contract Date (defined below). On or prior to the expiration of the Feasibility Period, Purchaser shall deliver to the Title Company an additional 1.1111111111101111 Money"),which shall be added and considered part of the Earnest Money. At the time the sale is conAddsitummated,Earnest 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 (ii), 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. CLOS NG. 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"). Seller 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 shall obtain, at Purchaser's expense, a complete current certified survey of the Contract Property and any related easements, in a form acceptable to Purchaser, which shall contain a legal description 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. � t�✓ Initial Seller: Purcha 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 (90) days after the Contract Date or (ii) the expiration of the Feasibility Period, 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, Seller 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) terminate this Contract, in which event the Earnest Money shall be immediately refunded to Purchaser, (ii) accept title or survey to the Contract Property and any related easements subject to such Objection (which shall be deemed a Permitted Exception,(iii) take such steps as Purchaser may deem proper to remove such Objection(s), deducting the cost (not to exceed $10,000.00) from the Purchase Price, (iv) extend the time for Closing (not to exceed sixty (60) 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 process. In such event, the Feasibility Period shall be extended until ten (10) days after completion of the platting, such extension, if necessary, shall not exceed ninety (90) days. 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. Seller will execute (or will cause Seller's affiliates to execute), at or prior to Closing, a restriction in recordable form which will run with the land prohibiting, for the longest period allowed by iav • (i) t e erection of any sign or structure on any land owned or controlled, now or at Closing, by Seller or Seller's affi ates thdt is located \within the "Visibility Area" (as hereinafter defined), and (2) a retail outlet for motor fuels or a conve ience Store or the a vertising Initials: Fla. Selle • Purchase .A:.. -�`"� thereof on all or any portion of land owned or controlled, now or at Closing, by Seller or Seller's affiliates within one (1) mile of any boundary of the Contract Property. 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 (30) days prior to Closing, Seller shall provide Purchaser with a legal description of all property owned by Seller or any of Seller's affiliates within one (1) mile of any boundary of the Contract 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) one hundred fifty (150) feet of any boundary of the Contract Property and (b) eighty (80) feet of the right of way of any road, alley, or street. G. Seller shall deliver 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. In the event Seller does not timely deliver such materials, the Feasibility Period shall be extended one (1) day for each day after 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 Seller and Purchaser 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 (iii) 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 @crgbonita.com or to such other address as either 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. If either party files suit against the other party to enforce its rights under this Contract, the prevailing party shall be entitled to its reasonable, actualcosts and attorney's fees. Initials: Fla. 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Aue 6u!waouoo bawd to suapanq Jo/pue suo!ldwnsaad lie (q) pue `awes to wow! ayl pue l0ea;uo3 s!q; l0 swaal NI to !le jo aaeme Aiy6noaoq; s! pue ;3ealuo3 s!14; l0 6u!}}eap pue uo!le!lo6au ayl u! Alie!;uelsgns paled!ogaed sag 4! (e) ley# saaa6e Alaed Li3e 'W •loaaayl aanlem a se aleaado Ileys aapunaaay 4116p Cue jo as!oaaxe ay; Li! `lied u! JO aioym Li! a9ula14m `Alaed a Aq aanl!el JO Aeiap oN •-I quawnoop Ieu!6!ao ue eq of paaap!suo3 eq Ileys Li0!Lim l0 pea `s.aedaaluno3 ald!linw Li! pa4noaxa aq Aew ;0ea4uo3 s!gl 'yl •aouewaolaad °!hoods 6u!Nees uo!43e Lie u!aapunaaay suoile6!igo s,aaileg pue 40ea;uo3 s!14; a3aalue Aew aaseyoand `Al6u!pao33y 'aapunaaag 4lnelap s,Jeli0S 40 uoseaa Aq aaseyoand 03 anaooe mom yo!14m sa6ewep 914; aanseaw o4 alq!ssodw! s! 4! ;5144 e6paimou)ae aaseLi3and pue Jal!as •I, Signed, sealed and del' ere* 1- to PURCHASER: Purchaser, in t e e c: . • le? DEL L ' GO VENTURES, INC., a Georgia corporation Witness By: Printed Name: e08are J SV& Name: 0111 AAILAM --2' e Title: PIZESt�ENr Witness [CORPORATE SEAL] Printed Name: ,(v{- - Ado Executed this 2440 day of FE'SRvAP 2015. STATE OF GEORGIA COUNTY OF COBB WI, the undersigned, a Notary Public in and for said County in said State, hereby certify that al / J long, as Cv-1 eicii 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 foregoing instrument (s)he executed the same voluntarily on the day the same bears date.informed of the contents of the nd Given under my hand and seal this - day of . , t4(41 , 2015. ‘0111111,10, ' tkV/W7V-ce41(.1(11,--, .- . °0a 9 otary Public �ed '-�.� �' My Commission on Expires: -7 a c,-, Wean Vi®4 PS.a LI 6® Q — [NOTARIAL SEAL]"ir .� v )*°.. \° 7-\ , t, 'l .U�vCoO 4 \' Signed, sealed and delivered as SELLER: to Seller, in the presence of: -" 4/ RADIO & D .S, LLC, Florida limited liability company Witness �1►+., .�t! By:y Printed Name ' N. e: - F f , �. Title NA 4 t)4 X-r"16.- u-t r Lit 8"4-7.77 I .�.r"":� [CORPORATE SEAL] t Printed Name: -- 1 (4 �, / Executed this 2 day of e 4 4/7 2015. I STATE OF 1'1611 LI ., COUNTY OF (,At 6 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 bears date. Given under my hand and seal this ,'�., • U ay of 2015. "I A tH, MI °a.P.,""°°'`� CAMERON PASTOR My '� ■ i.' , ..•fit om, is •` Expires: *I rt, )*) MY COMMISSION #FF143941 _*'` ,41.1-:. y [NOTARIAL SEAL] i.s, EXPIRES Jul 21, 2018 007)3984153 FlorldaNatatyService.cocn (///'7 \e(',/,1 Initials: Fla. Seller. , `"7 Purchaser: 5 9 .xastgaznd :JaItos 'EId :sremuT J 'az!s 101 uo Uop4e;ltxtt-g ete;pee3xe Malay pain}ep Apedoid 13 03 ay; wt.]; lueAe ay; up poped A;lipglsee j ay; 6upnp Apedoid 438.01.103 ay Jo sepepunoq 47, 1. ° .,1s0u Pi`2 : ,'',7, pa.o A-405 rt,� 611 iiP-5 7s tyol c. .J. 1 ik 8T a 61° itTi 1 e.torut up uo3 Arie'Mid 332.que3 oil) llieI s lueAe ou ut_'-``V:11glt4e3 slTla ul elqa o3 eta oll butt Aue 514,puelsto oN En NVITATAI /// VDIV SSaJJV / I, I/ ititi t 1 QA 'd SIAVQ ,' { V32iV.LN3L'IaSva 7 } SS32IOd/SS32IONI / Z `E'0'd / ..' `.oss; N�. '0'0'd/'a'O'd ZA8 + y `� ,00Z+ :}NIN1VW321 S8£+ S,23311HS Fi 3 ,--�� AIlladOlid GE OTGVE SEW' \=, ONINIVINHE \ S,2l31I3S .Aefuns ele.3nooe pue luai.no e al loefgns se Ile `ONINNI938 AO INIOd NT 6uieq Tu!od pies lu!od e of laalggg+ to a3uelsip e Bull A epunoq Aem-to-l46IJ pies 6uoie uolloaiip i(Iaalseaylnos e ul peeowd pue ly6u wnl eoueq 'peoy olpeH to aul! 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I 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 IIIIIIIIIIIMIMMmalplanmimmNmp. Said commissionshall be between Brokers on a 50/50 basis and will only be paid in the event of a Closing. Seller has been represented by ypWilliam Wolf with Commercial Realty Group of Bonita Springs ("Seller's Broker's) 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 Purchaser's 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 is conditioned upon Purchaser obtaining rights of ingress, egress and access (the "Access Easement") over a certain piece of real property, now or formerly 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 necessary governmental agencies to construct a median cut on Davis Boulevardto align with the curb cut from on the all southernboundary of the Access Area as depicted in Exhibit A fronting the northern right-of-way fine 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 on ract Property, ou lined in green on Exhibit A attached hereto. The Ingress/Egress Easement Areaismore particular), des ibed as follows: Fla. 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Jo;ueJO ;et'; s;ueJJem pue s;uesaadaa Agaraq JaliaS `AeAJns ejeanooe pue ;uarmo e o; ;oafgns 6uleq IIe`Z ONINNI038 d0 INIOd ay; 6u!eq ;uiod pies `}u!od e o; 1083 09+ }o aoue;s!p a uo!;OaJip I(IJa}seat';nos a u! paaooJd pue ;Op wn; aOUain :;ulod e o; 1804 g jip+}o aoue;sip e uonoeJip Apa}ssegpou e u! paaooJd pue 1q6!J wn; aouay; :;uiod e o; 1004 Lc }o aoue;sip a uo!;oeJ!p AiJegJou e w paaooad pue au!l Aaepunoq Aem-4o-446u pies 6u!Aeal ;Op wn; aouay} :;uiod e o; 1004 00gV Jo aouelsip a aull AJepunoq Aem-;.o-14J pies 6uoie enu!;uoo aouay; !Z ONINNI038 AO INIOd ay} 6uteq ;clod pies :;clod a o; ;Gal gg£+ }o aoue;slp a pnig s!A a 40 eu!I AJepunoq Aem-}o-}y6!J way;Jou ay; 6uole uol;oeiip Apa;semi;nos e u! poeooad aouay; :1N31,1133N3ININOO AO INIOd ay; 6uiaq ;clod pies `peoH o!peH }.o au!I AJepunoq Aem-}o-;q6!a uaa;sam ay; pue pAig sinew jo au!I AJepunoq Aem-4o 1y6u way;Jou ay;}o uoipasJa;ui ay; le pa;eool }u!od a ;e ONINNI038 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 construction easement. Seller shall escrow with the Title Company at Closing, from Seller's_proceeds of the Purchase Price, an amount reasonably determined by Purchaser's engineer to equal 125W of the cost of performing 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 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. . .,�'' Initials: Seller. �' 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 Nir By: • Its: /9'114‘-llr iyb, ' PFW:saw t Initials: Fla. Seller: Purchaser: 10 y IC1111 lik 0 Rlme d,•,voss me.wece3,e.Radio Road 215050\RT Radio Road LS9A1S d w•sn5nms 3u3¢a3 aw.DWG 5o PDF.R:3 ■ z = m n 2 P O9 0 3 w 3 - Zz zz Z ZZ 3e N3 m m S a E- - R R x o i.-,1 5 H R. a R. o 0 °' Q o e <- m c m w ' 3 ' I o, Z m o o a, o, � g � II S 0. 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P 1 i Qb O db X3 10 . . ecru. >a � ""' $ , '~= "'t •S I a �� d4A J � 3 M r +, � -y I ' - � R , co o 0 T <' z� r 52 T O V C) s cn � O 1 —n G) G7 ,T; Z z z a ;s . •,*•'' - ir ', A4 t ^� I rah �4 A� .ya Y• l 5Y PLAN REVISIONS OWNER/DEVELOPER: H �Z g ENGINEER OF RCORD: by I?„ N DATE DESCRIPTION RACETRAC PETROLEUM.INC. KRISTINA M.lOHN50N,P.E(FOR THEFIRM) g ,Q1 FLORIDA P.E.NO.73793 v e Lp.. � 3225 CUMBEAIAND BLVD.SUITE 100 om - C12 (;) ATLANTA W., DELI _Engineering FITZGERALD INC — 3 y R (/70)431-7E00 J $ Z PROJECT: Planning-Engineering-Project Management �Zr, O 00 0 6 ° (p RaeeTi c i 1605 Yerrdry Street O A = Fort M ers,FL 33901 o u Z 239-418-0691.239-418-0692 fax __ DAVIS BOULEVARD n�V��WITMW orldaCertlflcalen(AUlhorual€n0 N m W (EPN #1161 STORE#XXXX) Engineering LB :26978 Tsm,''s.u. Nnn4 E 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-PL20150001856 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.signag efforts. Adjacent property owner --- Parcel#00399600302 of Collier County 48 in n ri, 4 bil 2 iln "` 2kAP"t " rt Zr;l5g5 1"14 U)' r � n ry ybp paH H � �. 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CA PO n on ° Hrdf4M.: � C� � PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING • Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, December 10, 2015, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: 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 façade facing Davis Blvd., one with a maximum area of 30 square feet on the canopy façade 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. BERKSHIRE MAGNOLIA GOLDEN GATE LAKES HERON POND COMMERCE (DRI) LAKES PARK CITYGATE COLLIER BLVD. (DRI) INTERSTATE 75 MIXED USE COMMERCE 35 ENTER 33 SHERW000 34 WHITE LAKE BERKSHIRE PARK r INDUSTRIAL PARK GREEN o ; LAKS (DRE) HERON WOODSIDE TRIAD m a 75 (DRI) LANES 17. ALUGAT.F �( LEY TOLL GATE RADIO ROAD (C.R.856) An A PLUD d. COMMERCIAL PLAZA(DRI) m N w 1 GAOLDSN ,t `� T a OLDS\ I-75/COLLIER X nmm F WESTPORT BOULEVARD �Qi F TWELVE hi; COMMERCIAL W mmS u LAKES ® CENTER 2 4 �,-° 3 PROJECT TNuu e a `MLOWOCD 5 CEDAR LOCATION e•avatiae Ma- ESTATES S HAMMOCK z pP w NEW MOPE NAPLES HERITAGE FOREST GLEN wNismlES GOLF AND D COUNTRY CLUB OF NAPLES. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division,Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida No.800251 November 20.2015 • Errata Sheet for LDC section 5.05.05 - Automobile Service Stations 5.05.05 Automobile Service StationsFacilities with Fuel Pumps * * * * * * * * * * * * * GD. Building architecture, site design, lighting, and signage requirements. 24. Signage for automobile service stations. The following are the only signs allowed in automobile cervica stationsfacilities with fuel pumps and convenience stores with gas pumpofuel pumps. a. Window, Wall, and other signs: As allowed in LDC gsection 5.06.00-of this Sedc. b. All canopies may have anAn illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise accent lighting; and back lighting and accent striping are prohibited on canopy structures. Accent banding on canopies may be approved as established in LDC section 5.05.05 D.1.b.iv.b. c. One ground sign shall be permitted for each site and shall be placed within a 200 square foot landscaped area. Height is limited so that the top edge of the sign face is less than eight feet above grade. Maximum permitted area 60 square feet. Said sign shall be consistent with the color scheme and architectural design of the principal structure. d. Signage is prohibited above ga&fuel pumps. E. Supplemental standards for facilities with fuel pumps adjacent to residential property. 1. Landscaping and masonry wall standards. a. Facility with fuel pumps sites shall be separated from adjacent residential property by a thirty (30) foot wide landscape buffer and an architecturally designed masonry wall. The masonry shall be eight (8) feet in height, centered within the landscape buffer, and shall use materials similar in color, nepattern, and texture to those utilized for the principal structure. * * * * * * * * * * * * * 8L. Exceptions: 1. The site design standards set forth in LDC section 5.05.05 B.1. (table) shall not apply to, nor render non-conforming, any existing stationfacility with fuel pumps or any facility with fuel pumps within a PUD in which a specific architectural rendering and site plan was approved as part of a rezoning action prior to July 5, 1998(Effective date of the Ordinance'. 2. The site design standards set forth in LDC section 5.05.05 FC.—MJ. or any other applicable development standard shall apply to existing stationsfacilities with fuel pumps pursuant to the provisions of 9.03.00 Nonconformities, and all other applicable sections of the Land Development Code. HEX 12-10-15 Ann P. Jennejohn VA—PL201 50001 635 332 CONNER' S AVE. From: BeasleyRachel <RachelBeasley @colliergov.net> Sent: Monday, November 09, 2015 10:25 AM To: Minutes and Records Cc: JohnsonEric;Ann P.Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; Lang,Ashley; Neet, Virginia; Rodriguez, Wanda Subject: 332 Conners Ave Advertisement Request Attachments: 332 Conners Ave Legal Advertisement.docx; Legal Advertisement Signature Page.pdf; 332 Conners Ave (2x3) Map.pdf Good morning, Please advertise the 332 Conners Ave petition attachments for the December 10, 2015 HEX hearing. Sincerely, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department—Planning & Regulation Telephone: 239.252.8202; Fax: 239.252.6483 CA)i r C or4rity Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Monday, November 09, 2015 2:13 PM To: Minutes and Records Cc: JohnsonEric; BeasleyRachel Subject: RE: 332 Conners Ave Advertisement Request The title conforms to the one most recently approved by this office, the requested run date is correct, and the ad is otherwise good. OK to proceed. 'Wanda Rodriguez, ACP Advanced Certified Para(ega( Office of the County Attorney (239)252-8400 From: BeasleyRachel Sent: Monday, November 09, 2015 10:25 AM To: Minutes and Records Cc: JohnsonEric; Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; LangAshley; NeetVirginia; RodriguezWanda Subject: 332 Conners Ave Advertisement Request Good morning, Please advertise the 332 Conners Ave petition attachments for the December 10, 2015 HEX hearing. Sincerely, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department—Planning & Regulation Telephone:239.252.8202; Fax: 239.252.6483 c:r er Cosdraaty Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 November 09, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on November 20, 2015, and furnish proof of publication to the attention of Eric Johnson, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION:ZONING [Zoning Services Section) FUND&COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500161942 Account Number: 076397 Autho ed Designee signature for HEX Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,December 10, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104,to consider: 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 26 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida 5 -0 O N D orn nNm Z --I N 0 < > z m co --1 lIT' -I T - 0 0 o co 0 -< —I Z I 0 m m = u) m m VANDERBILT DRIVE 1--D z 0 < < .R. 901 �m x \r D (C ) (n = > 0 z N m co > =-1 (/) 7 F -I —I —I m Z -73 0 D 13 N 0 < O= Dr0 r•-) AO � N ic) Npo � (/ 0 > C m c m y � 0 u) > Z -0 K _ �\ Xy N V/) m TAMIAMI TRAIL (U.S. 41) E Acct #076397 November 9, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: VA-PL20150001635 (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) Friday, November 20, 2015 and send duplicate Affidavits of Publication, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500162858 November 9, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on November 20, 2015, and furnish proof of publication to the attention of Board Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} PURCHASE ORDER NUMBER: 4500162858 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,December 10, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive,Room 609/610,Naples, FL 34104 to consider: PETITION NO. VA-PL20150001635 —Evansburg Properties, LLC requests uests a varian ce from om 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 26 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida T Q rn ° n co Z --, tti < D Z m m D D oj m = n om • / � 0 0 0 _< Z Z m m ).n 11111111H11 0 N m m D 2 VANDERBILT DRIVE <i—u) Z�1 (C.R. 901) Nm►. = y o D = 71 1 !-1 VII z = c_ --I iiii D r m O DO N N 0 < _ X M ZZ 0 -I r CO N C m 0 < _ jo D 0 (n DZ > _ _ m -< N -131:O D N TAMIAMI TRAIL (U.S. 41) N �� m Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, November 09, 2015 4:38 PM To: Naples Daily News Legals Subject: VA-PL20150001635 (Display Notice w/MAP) Attachments: VA-PL20150001635.doc; VA-PL20150001635.doc;VA-PL20150001635.pdf Please advertise the attached notice (w/MAP) ovt Friday, November 20, 2015. Thank you! Ann Jenne john, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment l3oard Collier County Board Minutes & Records Dept 1 Ann P. Jennejohn From: Stone, Scott Sent: Monday, November 16, 2015 10:04 AM To: Rodriguez, Wanda; BeasleyRachel Cc: Ann P.Jennejohn; Minutes and Records Subject: RE: Title change for ad 11/20 advertisement 322 Conners Ave Yes,that's correct. Scott A.Stone Assistant County Attorney Collier County Attorney's Office (239) 252-5740 From: RodriguezWanda Sent: Monday, November 16, 2015 9:58 AM To: BeasleyRachel; StoneScott Cc: Ann P. Jennejohn; Minutes and Records Subject: RE: Title change for ad 11/20 advertisement 322 Conners Ave The ad request has been submitted, but we have not yet received a proof back, for this ad that is scheduled to run this Friday. It looks to me like the only change was to the highlighted number below. Scott, can you confirm? Wanda Rodriguez, MCP .advanced Certified ParaCega( Office of the County Attorney (239)252-8400 From: BeasleyRachel Sent: Monday, November 16, 2015 9:55 AM To: Minutes and Records Cc: Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; LangAshley; NeetVirginia; RodriguezWanda Subject: Title change for ad 11/20 advertisement 322 Conners Ave Hello all- I'm not sure how you would like me to formally convey this (just let me know) but the title for 332 Conners Ave has changed and needs to read as follow for the newspaper: 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. Please let me know if you have any questions. 1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, November 16, 2015 10:08 AM To: 'BeasleyRachel'; Rodriguez, Wanda Subject: RE: Title change for ad 11/20 advertisement 322 Conners Ave Hi there, I'll ask NPN to make that small change. I haven't gotten the proof yet, but I'll send it on as soon as I do. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment I3oard Collier County Board Minutes & Records Dept From: BeasleyRachel [mailto:RachelBeaslev@colliergov.net] Sent: Monday, November 16, 2015 9:55 AM To: Minutes and Records Cc: Ann P. Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; Lang, Ashley; Neet, Virginia; Rodriguez, Wanda Subject: Title change for ad 11/20 advertisement 322 Conners Ave Hello all- I'm not sure how you would like me to formally convey this (just let me know) but the title for 332 Conners Ave has changed and needs to read as follow for the newspaper: PETITION NO. Via-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 (F?SF-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. Please let me know if you have any questions. Many thanks, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department—Planning & Regulation Telephone:239.252.8202; Fax: 239.252.6483 C,n or Ccy nzy 1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, November 16, 2015 10:32 AM To: 'Gori,Ivonne' Subject: RE:VA-PL20150001635 (Display Notice w/MAP) Hi Ivonne, Our County Attorney's Office has asked is for a tiny change on this ad. You sent wte a "confirmed receipt" this morning, so hopefully whoever's working on it isn't too far along......... In the second paragraph where the size of the property is referenced, one number needs to be changed. "30 Feet to 26 feet" y needs to be changed to "30 feet to 2.3 feet" NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., on Thursday,December 10, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples, FL 34104 to consider: PETITIOO. VA-PL20150001635 —Evansburg Properties, LLC requests a variance from Section 4.02.01 A., Table , of the Land Development Code to reduce the front yard principal structure setback line from 30 feet to 26 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. Please let wee know if I need to reseed the entire ad. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept Ann P. Jennejohn From: Gori, Ivonne <ivonne.gori @naplesnews.com> Sent: Monday, November 16, 2015 2:21 PM To: Ann P.Jennejohn Subject: 800255 Proof Attachments: NDNB800255.pdf Please see proof attached for your review and approval. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori a(�NaglesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Naples Nag New NNm PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, December 10, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION NO. VA-PL201 50001 635- 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 26 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. 4"'VA\COCOHATCHEE BAY HOUSE BAY y CAMPUS 1111 V VANDERBILT 21 GULF OF MEXICO 20 I VILLAS COLDER L TRACT 21 • rr THE DUNES •' PLAZA 21 (LAKE VILLAS `\ PROJECT - \ COVENTRY SQUARE : LOCATION ■Ii > ST. JOHN IIINW C., THE EVANGELIST a _ 8 CATHLIC CHURCH • MN � 28 IMM cC VANDERBILT N. w NAPLES BEACH ESTATES �I > PARK I- All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252- 8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.800255 November 20.2015 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, November 16, 2015 3:23 PM To: 'Gori,Ivonne' Subject: RE: 800255 Proof Hi Ivovt te, Our County Attorney's Office has asked is for a small change to this ad. In the second paragraph, the 3rd row down, where the size of the property is referenced in feet, one number needs to be changed. "3o feet to z(o feet" .4 needs to be changed to "30 feet to 2.3 feet" PETITION NO. VA-PL20150001635 —Evansburg Pr ies, LLC requests a variance from Section 4.02.01 A., Table 2.1, of the Land Develo ent Code to reduce the front yard principal structure setback line from 30 feet to 26 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. Please let vote know if I need to reseed the ad. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept From: Gori, Ivonne [mailto:ivonne.gork naplesnews.com] Sent: Monday, November 16, 2015 2:21 PM To: Ann P. Jennejohn Subject: 800255 Proof Please see proof attached for your review and approval. 1 Ann P. Jennejohn From: Gori,Ivonne <ivonne.gori @naplesnews.com> Sent: Tuesday, November 17, 2015 4:24 PM To: Ann P.Jennejohn Subject: REVISED proofs Attachments: NDNB800255.pdf; NDNB800266.pdf Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori(a�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 ?ap1i Battu NEWS Napiesiskmscom PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, December 10, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: 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. .11011\COCOHATCHEE III Ud . BA0USE BAY � CAMPUS ICI VANDERBILT 21 GULF OF MEXICO 120 11 VILLAS COLLIER j L TRACT 21 • tD NES ICIm 11� PLAZA 21 I, •: �, ♦ LAKE VILLAS PROJECT COVENTRY LOCATION ST. JOHN SQUARE `v co. g THE EVANGELIST CATHLIC CHURCH J(r J IL U 28 Q VANDERBILT w" BEACH p NAPLES PARK ESTATES > Q All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252- 8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.800255 November 20.2015 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday, November 17, 2015 4:42 PM To: Rodriguez, Wanda; BeasleyRachel (Rachel Beasley @colliergov.net) Subject: Revised HEX Notice (Conners Avenue Petition VA-PL20150001635) Attachments: NDNB800255.pdf Hi there, The revised HEX Notice for the Conner's Vanderbilt Beach Variance, Petition VA-PL20150001635, that will run this Friday, November 20, 2015 for the December 10, 2015 HEX Meeting, is attached for your review and approval. This was the ad that needed a change to the number of feet referenced for the setback from 26 Feet to 23 feet. Please let me know whether I can give NPN an approval at your earliest convenience. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.goriNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Naples News m Ann P. Jennejohn From: Rodriguez,Wanda Sent: Tuesday, November 17, 2015 4:48 PM To: Ann P.Jennejohn Cc: JohnsonEric; Stone, Scott; BeasleyRachel Subject: FW: Revised HEX Notice (Conners Avenue Petition VA-PL20150001635) Attachments: NDNB800255.pdf Ann, The revised ad looks good, thanks. Wanda Rodriguez, .ACP .Advanced Certified ParaCegaC Office of the County Attorney (239)252-8400 From: Ann P. Jennejohn [mailto:Ann.Jennejohn@acollierclerk.com] Sent: Tuesday, November 17, 2015 4:42 PM To: RodriguezWanda; BeasleyRachel Subject: Revised HEX Notice (Conners Avenue Petition VA-PL20150001635) Hi there, The revised HEX Notice for the Conner's Vanderbilt Beach Variance, Petition VA-PL20150001635, that will run this Friday, November 20, 2015 for the December 10, 2015 HEX Meeting, is attached for your review and approval. This was the ad that needed a change to the number of feet referenced for the setback from 26 feet to 23 feet. Please let wte know whether I can give NDN an approval at your earliest convenience. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori(a�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday, November 17, 2015 4:52 PM To: 'Gori, Ivonne' Subject: RE: REVISED proofs They both look great Ivonne Thank you for making the changes, please publish both ads this Friday, November 20, 2015. Thanks again! Avu' Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment 13oard Collier County 13oard Minutes & Records Dept From: Gori, Ivonne [mailto:ivonne.gori @naplesnews.com] Sent: Tuesday, November 17, 2015 4:24 PM To: Ann P. Jennejohn Subject: REVISED proofs Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gorina,NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Naples ail Views News rn PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, December 10, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: 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. Trilk\ HOUSE BAY Wcio CAMPUS i VANDERBILT 21 Sr GULF OF MEXICO t VILLAS COLLIER TRACT 21 THE �_ PLAZA 21 NES ®1T� III LAKE in A VILLAS PROJECT COVENTRR SQUARE a LOCATION > ST.JOHN g THE EVANGELI CATHLIC CHURST CH F� 28 VANDERBILT w NAPLES BEACH ESTATES 6 PARK All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252- 8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.800255 November 20.2015 NapLr Naptrs BMW N NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 800255 NOTICE OF PUBLIC HEA Pub Dates November 20,2015 I oe,.,:, ii?2,4'°/7 (Sign ure of affiant) semmuerrourslielondbromeedexidomalexame Sworn to and subscribed before me ■ r "e4.,, !YONNE GOBI ` This Decembe 16,2015 .�`�. Notary Public•State of Fiorlda 0 •��•� Commission A�FF 900ey0 —, ' r My Comm.Expires Jul 16.2019 /,/,�..�� no'P• &Wed through National Notary Assn. P (Signatur of affiant) ' • NAPLES DAILY NEWS a Friday,November 20,2015 a 25A PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE • NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Notice is hereby given that a public hearing will be held by the Collier County Hearing 0 z Hearing Examiner(HE)Q at 9:00 A.M.,on Thursday,December 10,2015, Examiner(HEX)at R oo A.M., 0 Thursday,ntHon eshoe Der,R 207b,in the Hearing Z Examiner's consider:Room,at 2800 North Horseshoe Drive,Room 609/610,Naples in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, FL 34104,to consider: 1 Ce Room 609/610,Naples FL 34104,to consider: PETITION NO.POI-PL20150000262-Emmanuel Evangelical Lutheran Church of Q Naples,Inc.requests an insubstantial change to Ordinance No.11-23,the Emmanuel • w PETITION NO. BD-PL20150001141 -Gregory Gatlin requests an 18.3 Evangelical Lutheran Church of Naples,Inc.CFPUD,as amended,to add temporary 2 foot boat dock extension over the maximum 20 feet allowed by Section sports,religious,and community events,and temporary seasonal sales as permitted 5.03.06 of the Land Development Code,for a total protrusion of 38.3 feet, accessory uses,to allow the pemlitted athletic field as an interim accessory use ' C) to accommodate the expansion of an existing boat dock facility with one prior to construction of a permitted principal use,to add development standards for d ■ boat slip for the benefit of Lot 191,Isles of Capri Unit No.2 subdivision,also the athletic field interim accessory use,to revise development standards for garden m described as 172 W.Pago Pago Drive,in Section 32,Township 51 South, plots by removing the prohibition on on-site sales of produce and maximum number Range 26 East,Collier County,Florida. of automobiles,and to delete an environmental development commitment.The >5 n subject property consists of 21.72*acres located on the south side of Oil Well Road, O. 8v approximately one quarter mile west of Everglades BNd.in Section 19,Township 48 C p I� South,Range 28 East,Collier County,Florida ° a1 ea H w "Ws. L �- Q) V PROJECT LOCATION m.,. a rn=1 ^ toc4rroN UQ tV �'� Z Q Z )li(� `A) (I) All interested parties are invited to appear and be heard.All materials used '-'e 1.e' a) in presentation before the Hearing Examiner will become a permanent part C of the record. 0 N Copies of staff report are available one week prior to the hearing.The file can r be reviewed at the Collier County Growth Management Department,Zoning All interested parties are invited to appear and be heard. All materials used in Division,Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. Presentation before the Hearing Examiner will become a permanent part of the record. C Copies of staff report are available one week prior to the hearing. The file can be N a_ 0 The Hearing Examiner's decision becomes final on the date rendered. If a reviewed at the Collier County Growth Management Department,Zoning Division, I person decides to Zoning Services Section,2800 North Horseshoe Drive,Naples,FL • C .Q p appeal any decision made by the Collier County Hearing 1 f-+ C) 0 .0 Examiner with respect to any matter considered at such meeting or hearing, The Hearing Examiner's decision becomes final on the date rendered. If a person (1) C - 0 he will need a record of that proceeding,and for such purpose he may need decides to appeal any decision made by the Collier County Hearing Examiner with • 0 0 1/) to ensure that a verbatim record of the proceedings is made,which record respect to any matter considered at such meeting or hearing,he will need a record of i -0 0) 0) Cl) includes the testimony and evidence upon which the appeal is to be based. that proceeding,and for such purpose he may need to ensure that a verbatim record Q Q (I) Q of the proceedings is made,which record includes the testimony and evidence upon If you area person with a disability who needs any accommodation in order which the appeal is to be based. to participate in this proceeding,you are entitled,at no cost to you,to the If you are a person with a disability who needs any accommodation in order to provision of certain assistance. Please contact the Collier County Facilities participate in this proceeding,you are entitled,at no cost to you,to the provision of Management Division located at 3335 Tamiami Tail East,Suite 101,Naples, certain assistance.Please contact the Collier County Facilities Management Division Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112.5356,(239)252- 8380,at least two days prior to the meeting. Mark Strain, Mark Strain, .- Chief Hearing Examiner Chief Hearing Examiner : In Collier County,Florida Collier County,Florida N 121e.100225 Novemher2e 2,15 Be 300242 November sit ann 0) • tf) X N PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE • c Q V Q NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING I CO Z M Z Notice is hereby given that a public healing wit be held by the Collier County Hearing Examiner Notice is hereby given that a public hearing will be held by the Collier County Hearing g1E1q at too AM.,on Thursday,December 50,2015,in the Hearing Examiner's Meeting Examiner(HEX)at 9:00 A.M.,on Thursday,December 10,2015,in the Hearing i. Room,at 2800 North Horseshoe Drive,Room609/610,Naples FL 34104,to consider: Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples, a) PETITION NO.SV-PL20150001856-RaceTrac Petroleum,Inc.requests a variance from LDC FL 34104 to consider: -a Section 5.05.05.C.4.b,which limits a facility with fuel pumps canopy to one corporate logo with E a maximum area of 12 square feet on the canopy race adjacent to a dedicated street,to instead PETITION NO.VA-PL20150001635-Evansburg Properties,LLC requests a variance L C allow three total corporate logos-one with a madmum area of 50 square feet on the canopy from Section 4.02.01 A,Table 2.1,of the Land Development Code to reduce the front facade facing Davis Blvd.,one with a maximum area of 30 square feet an the canopy facade yard nnCl p N Z Mang Radio Road,and one with a maximum area of 30 square feet on the canopy facade facing Y P Pal structure setback line from 30 feet to 23 feet in order to replace and _Q C CD, southwest,which is not adjacent to a dedicated street,from LDC Section 5.05.o5.C.4.c,which enlarge the existing stairway to the front enhance of the dwelling unit on properly E 0 omits each facility with fuel pump site to one ground sign with a maximum area of 60 square feet within the Residential Single-Family-3(RSF3)zoning district,located on Lot 11,Mock located within a 200 square foot landscaped area,to instead allow two total ground signs on R,Conners Vanderbilt Beach Estates Unit No.3,also described as 332 Conner's 't L site-one 60 square foot gas price sign along the Davis BNd.frontage,and one 60 square foot Avenue,in Section 29,Township 48 South,Range 25 East,Collier County,Florida. Z 0 0 0 gas price sign along the Radio Road frontage;from LDC Section 5,06,04 F.4,which limits single P 9 tY' CO ;V Ion on occupancy parcels with double frontage on a public right-of-way to two total wall signs,each Won gn on one different facade,to instead allow four total wail signs-one on the northeast building MI Q v J U facade facing Radio Road,and three on the southeast building facade facing Davis Blvd.;and t /' from LOC Section 5.06.04 F4.e,which limits norw orb a,cited,non-reflective signs located in a f•'\cal 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 Blvd.iliac facility In fuel pumps located wv or u+� 1 . on the northwest corner of the Radio Road and Davis Blvd.Intersection,In Section 3,Township r 50 South,Range 26 East,Collier County, Florida,consisting of 3.58*acres. W�,e., ii I\�re e,l PROJECT ,� ' as*xre- 89` LOCATION ue�w n E All interested parties are invited to appear and be heard. All materials used in a� ®� � � u.a � presentation before the Hearing Examiner will become a permanent part of the record. r- r 4, PROJECT 0 3 NJ, PROJECT 7.17.6%"ION Copies of staff report are available one week prior to the hearing. The file can be ai Al 1 , r- reviewed at the Collier County Growth Management Department,Zoning Division, •1 - Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. Pd i r ensued parties are Invited to appear and be heard.All materials used In presentation before me Hearing Examiner will become a permanent pan of 150 record. The Hearing Examiner's decision becomes final on the date rendered. If a person tit Pe'llt N.o Copies of staff report are available one weak prior to the hearing.The file can be reviewed at decides to appeal any decision made by the Collier County Hearing Examiner with the Culler County Growth Management Department,Zoning Division.Zoning services section, respect to any matter considered at such meeting or hearing,he will need a record of 2800 North Horseshoe Drive.Naples,FL. that proceeding,and for such purpose he may need to ensure that a verbatim record The Hearing Examiner's decision becomes find on the date rendered.x a person decides to of the proceedings is made,which record includes the testimony and evidence upon appeal any decision made by t w collier County Hearing Examiner with respect to any matter which the appeal is to be based. ■• considered at such meeting or hearing,he will need a record of that proceeding,and for such .�� purpose he may need to ensure that a verbatim record of the proceedings is made,which record If you are a person with a disability who needs any accommodation in order to includes the testimony and evidence upon which the appeal is to be based. participate In this proceeding,you era entitled,8t n0 COSt to you,10 the Provisior1 of A r. If you are a person with a disability who needs any accommodation In order to participate in this certain assistance.Please contact the Collier County Facilities Management Division FA > proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252- contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, 8380,at least two days prior to the meeting. tri O Suite 101,Naples,Flonda 34112-5356,(239)252-8380,at least two days prior to the meeting. ,Mark Strain Mark Strain, I Chief Hearing Examiner Chief Hearing Examiner Ii Collar County,Florida County,Florida -50,100251 nareraesezeakLe tlo.390255 November 20 2015 OE LL. AGENDA ITEM 4-D Co fr r County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION—ZONING SERVICES SECTION HEARING DATE: DECEMBER 10, 2015 SUBJECT: VA-PL20150001635 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. _2 EXHIBIT VA-PL20150001635 332 Conner's Avenue Page 1 of 11 December 10,2015 n I c a 12-18- S " 6 AP S^; 6 "0 6 g n � § - z.VEM§ME"''go RR ▪ z z R z AA z Adz AR z A® _I® © E, RR z RR E�3 RF Rr RF NG -c Aa �+ ©1 R 'IS' A© Nro©<Immo i ory gg Si «aoAA « a ; pArvA « ao » AA « ai « AAA « ag « AAF.ao2AA « R 'AA «a.1 ill e 1 �I $ o c 3AIa 1118230NVA • n --_ 0•— n n - - x _ e s — _ MD<0 MI 113 a . s _ • _ ,. ell rU 5Q r Yi u�W J ry ry - N a la Ng - o ro.:< U= RQ �= RO' C? O 0= o M a. o • Q.., R 3 S- -• A ©— — R W an N: �*® ry R R 2 � R — 1—_, : vo g'' loo A k1113 Ili., t lik ro -?$ A A as n ill � " CO till A A A Vk ® u� i 1 s \\ l © ® ® N. J 31T3S 01 1001 0. It pp----------1) avoa mn>,aoaary '- \ Z 1- 4 46 `sue id jg 717:).'''''' am �� O D 1 , 1 rji ilid I 0 g `° r 1 ' ---.'"" 11 I: . P 1;\:.1g" 1 0 / ' . 11 k /2 3 ilr Ali- i < I tig - 4, IL,:I, 'MU INVINVI 3 _>" Ana L. 1 w 11L� n iffy �_. ...—�. �' �� _ III BX 3.uac;:vaer�wi ill 101 n �R ` i-Jv 111 UOI ►.IO 33.2"1 y- � �!,�� ,r J JCO lal U Z 01 YSX W O GULF 00 cc d J O . _ _ ammisup• I ‘‘ ti L, _ 1 0 e_ - , : ii g _ii' i c-L/ L141 t —4 1--.E.- • ti , g?lit--i011Ugs;t at Ei i Etl-a t g i',!g 0',-ti : f.1-411.14t2 _fr.g101-gli F7' L z-s_r41-1-2 0 ..LiV-1 ez if-i] ill-ri KAA<4 2 cr ZZ oll- r1- --t-- c. M Z UJ 6 '1111117 ": ": ; 11 t i ,.-1 ..J iy-4.it; Q nn 6-'4 r_-_-_.-, .< T- 527 -..2`,f:Kff \Li.'iJo < 0 0 (5 2 _ E VW:4 C . : 6-16- re 3Ert440,:,Q., P:r...)) .."'',,,, 24,- 4' ; Ell g e,2a--,:iagiEsvh,2 1 I 2 5- -,f,\,f g g 0 1 I I 1 Lu z Lu z z I LU LU I-- t. Lo N N. 1 LU CI. II c-r- CC" (.5.1 ,.• W.M. CC`I CD ,..... . 12: t (Y) 0) \ L'11C 31.91' II I CC hill IIII 1141111111 • Li A 2 LU (.3 2 'cL fi—.7.-----,....imp --ti . , 1 I 11 ,_, _ .........m.....--.1 SIII ;-.. cti I, ,':' 2.3' F,c, i(%) O je 413k r , _,,,..........4, ..,... r.„ 1 (1) 0 Z Z Cr sK 41 . , I /r. .._., c. (i) ......... Q.: cL., i ei „ 1..... , ......., _, .. .. ' ..., , ,... _ ill -T i-- Illirrentilli c1141111111 ---*\ LU 0 (../4 ,.......1 t\IL■ / --e.) N Ze 0 ,... 0 0 o... Z LL. CO 4C \ r o ct 0 z OW °ICI% Ald44 ( ct c 0 ;- cci, Z Z O uj 1:: 0 (D SQ. L1-1 0 14 cz i Lu Z Uj Z 0 Z 0 •C U u.L 4-1 Z 1--- Lll E2 0 cL 1.1.1 cL Up 0 -...1 Cl.. Cr 'C IZ 1---: (/) y,--_ kill" 111110.- 11---- 32. 11' r) A \ icci N co , „ I L1-1 Ctj 0 N 00°14'40" W 121., Z N 00°17'30" W 121. Lu CC LLI CQ 0 I-- LU : 4 cri b Z 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. V , alet _ " °`Y"4 - liner AL si W Subject Property VA-PL20150001635 r r A Will .41 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 (CHHA), 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 Conner's 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. NNW , -a ,ilt 1'4, , of 01 1 I r , _ ; p: 4-6 l' ', ‘.-4- --A ' 14..41 IA _ ''''f'Ll :'''' '4 ' r ect Property .' ji VA-PL20150001635 Subj is . �' - -1 .i - 1 t =i 31 IA ,,... , ' Irirth-, \ Aerial of front yard-3/31/14(Google Earth) WA° ,.. , w _oak r ....„ .. 4.*,...,,,_ .,„,.,„, ,,,z_ , 4...._ _ -- !.......... , _ 4 4 , ..4 , , , , , -1- , ,,,, , Front yard view—Dec 2014(Google Earth) VA-PL20150001635 332 Conner's Avenue Page 5 of 11 December 10,2015 r II 3d , _ � `"' '° � „ z • { 1 Front yard view—Nov 2015(staff digital photo) VA-PL20150001635 332 Conner's Avenue Page 6 of 11 December 10,2015 i W. I 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 AE11. VA-PL20150001635 332 Conner's 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-PL20150001635 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. I , Attachments: 1) Application& Support Material 2) Correspondence VA-PL20150001635 332 Conners Avenue Page 10 of 11 December 10,2015 PREPARED BY: 13&) S ERIC L. JOHNSON, AI ,P CIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: l(/-5(1)(/' RAYMO,V. BELLOWS,ZONING MANAGER DAT ZONING"DIVISION MIKE BOSI, AICP. DIRECTOR DATE ZONING DIVISION VA-PL20150001635 332 Conner's Avenue Page 11 of 11 December 10,2015 chitecture Artistica inc. i 5986 5a1c1 Cypress Circle rort Myers, FL 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 BLUE. We have also made the appropriate changes/additions in our petition paperwork attached. Rejected Review: Graphics-GIS Review Reviewed By:Mariam Ocheltree Email:MariiamOcheltree @ 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 -DONE. Please see reN ised application attache . 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.—DONE—Please see enclosed(11:3 Rejected Review:County Attorney Review Reviewed By: Scott Stone Email:Eric.Iohnson @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 see attached letter fforn the Florida Depauimelit of State— Division of Corporations n 5j architect @yahoo.com • T 239.222.4179 www.arcllitectureartisticainc.corn • 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).DONE—Please see the attached revised site plan. Sincerely, Gerald J. urk, Architecture Arti. • October 1, 2015 FLORIDA DEPART I LENT OF STATE Division of Corporations EVANSBURG PROPERTIES LLC 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 H15000234902. To 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.jsp. 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 Coiltier County COLLIER COUNTY GOVERNMENT 2E00 NORTH HORSESKOE DRIVE • GROWTH MANAGEMENT DIVIS;ON NAPLES; FLORIDA 341.04 www.cd egonet (2139)252-2400 FAX: r394 252-5358 PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED Name of Applicant(s): Evan 5 burj Propertie5 , LLC Address: 332 Connors Ave. City: 1\cktole.5 State: FL ZIP: 34i OE Telephone: (910-U93- 3131 Cell: GAD- (,)(0 l Fax: 0)Pc E-Mail Address: 3t es....Kiet-A senor&Films. corn Name of Agent: Gerco d \Nry_- tk-cini1-ec* Firm: Rrchi (ct , \nc- Address: 134g& cti d CA.,press (sr. City:chri--MtieriS State: -FL ZIP: 33q01 Telephone: c;"3c1-aaa-LH/CI Cell: d3c1- ddd- 179 Fax: IV/F\ E-Mail Address: 5 kylirritrl■--e-c.t .. Van° • Corn • 614)2014 Page 1 of 6 "--, vl Gouty COLLIER _COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DI\/ISIOfN! NAPLES, FLORIDA 34104 www.col l i ergov.net 252-2400 (239)) 252 u 58 I Provide a detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page) Property I.D. Number: 276,3O4 0000 Section/Township/Range: 2_c 14 / 2.6 Unit: 3 Lot: \ \ Block: CL Subdivision: 'Le��eSlntS `R7.nC�Pr'�\1 -0�►� Lot: •a, Metes &Bounds Description: Total Acreage: Address/General Location of Subject Property: 3 2 3410% Land Use Zoning f 1-• Cc � * • C01NrCr`J s (.Z. V 11 dw1..•l ��. E 62.5C- 3 € 1e- c-cuir\ • 9Q,Di69 c...2 I!r ►\ !AC s w (2... c S\ • ° ?a.S� Minimum Yard Requirements for Subject Property: Front: ___ i Corner Lot: Yes i I No Side: 1 • ) Waterfront Lot: Yes \I No Rear: 61 Chapter S of the Administrative Code requires that the applicant must remove their public hearing dvertising sign(s) after final action is taken by the Board of County Commissiotisin g please remove all public hearing advertising s Based on the Board's final action on this item, p p sign(s) immediately. Page 2 of 6 6/4/Z014 r affected by 1:==== ==]petition. Complete the following for all registered Association(s) that on the Boa d lof County Provide additional sheets if necessary. Information Commissioner's website at Name of Homeowner Association: City: State: Mailing Address: Name of Homeowner Association: Ci'i�r: tae: ZIP: Mailing Address: Name of Homeowner Association: City. Mate. ZIP: Mailing Address: Name of Homeowner Association: City: Rate; _ZIP: Mailing Address: Name of Homeowner Association: State: SIP: ity: Mailing Address: ,v c�JrG�.�iV e.,On a separate sheet,attached to the application, please provide the following: 1-�j G 1. A detailed explanation of the request including what structures duce front what is proposed;ft.to 18 ft.; the amount of encroachment proposed using numbers, 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. ring Pursuant to LDC section 9.04.00, staff shall be guided in their rec nation dot approve Cher de eny a Examiner, and the Hearing Examiner shall be guided in the variance petition by the criteria (a-h) listed below. Please address the following criteria: a) Are there special conditions and circumstances edinsting which are peculiar to the location, size and characteristics of the land,structure, Page 3 of 6 6/4/2014 n of the b) Are there special conditions and circumstances which do not result fro is the ct o t of the applicant such as pre-existing conditions relative to the property which 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 variance make reasonable use of the land, building or structure a nd which promote standards health, safety or welfare. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings,or structures in the same zoning district. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. g) Are there natural conditions or physically induced conditions hat ameliorate the goals and objectives of the regulation such as natural preserves,lakes,golf t h) Will granting the variance be consistent with the Growth Management Plan? 4. Official Interpretations or Zoning Verifications: To your knowledge,h has ast yeare been an official interpretation or zoning verification rendered on this property El Yes 1 No If yes,please provide copies. Page4of6 6f4f2014 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 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. I _Completed Application(download current form from County website) © la El Pre-Application Meeting Notes ® ❑ Project Narrative © ® ❑ 1 Bri ❑ Conceptual Site Plan 24"x 36"and one 8%"x 11"copy © gi El survey of property showing the encroachment(measured in feet) 2 IN ❑ signed and notarized 2 ® El Deeds/Legal's 3 ® ❑ _Location map 1 ® El Current aerial photographs(available from Property Appraiser)with project boundary and,if vegetated,FLUCFCS Codes with legend 5 ® ❑ included on aerial Historical Survey or waiver request 1 ❑ Eal Environmental Data Requirements or exemption justification 3 ❑ Once the first set of review comments are posted, provide the assigned 1 0 ❑ planner the Property Owner Advisory Letter and Certification Electronic copy of all documents and plans 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 5 of 6 •6/4/2014 r•-• %---t..-.,j.s, .•%t ;i.;eV l J r°n 3: G COLLIER COUNTY A lAP _FLORIDA s _4 i ---o.�o viz }. Il•IltPvtine'r. - VJVJVU COJ 11�erRCV.rIe reviewers' ?lannes: Indicate if the petition needs to he routed to the following y { Re�lie�1:See Pre-AOOiication Ens Environmental_ h - rGa:et_+ay Triangle Redevelopment: �. � Sign-in Sheet F,ays:.o.c, : Meeting Sig�- Qcheit�ee I, i Executive i�irector ! Grad:icy:ivioria, . ; ' a0d(e55ine:=,an15 iVtOXarTI Li `I ?-Iistoricol Review i Cry of Naples:Robin Singer,Planning Director I i 1 In�r.,oHalee Water/Sewer District: c: ��Pre-Application i �. Caraprehensive i'Iani�iJ, S�� vick+Ahmed 4 r Meeting Sign-In Sheet I U , pans and Recreation: Reva+ L SNIVEL Plichoie Ryan Pathways:Stacey L i Censerv�r:o;n: S: TransporfiaiOr;P^ Components):AMY I Coln Attorney`s Office:Heidi ASilton-Clcko ' School District(,Residential Comp Management-Dan Sum____s,a"di __ I I �m°_rgencr I-2 Hc-artfodc - L- ; Transportation Planning:John Podczery inst<y i DOS:Ai tie Bay { V Engineering:Alison 5rediOCC r1 I Utilities Engineering:Kris VanLe ngen { [,1 other: --- — -__ _ _ ...- 't i'c_r. y_... - Pre-Application Meeting:SS00.00 �� Y. Variance Petition: $2,000.00 c— Residential- 55.000. - ikon-Resirientiai-, 00 o, Of original fee _n Subsequent Review-20%o g , Hearing Examiner:$925.00 e and l Ad i Fee the Office 0 one Estimated Legal Advertising ee io" 2:!.�the normal petition fee After The Fact Zoning/Land Use Petitions: tt .3 Listed Species Survey (if EIS is not required):51,000.00 All checks payable to: Board of County Commissioners n 311 required submittal materials,and the permit fee shall be submitted to: T ire completed application, Division/Planning.and Regulation Growth i�itanaee,;�entlLnr.+ision ` AT N_ Business Center 2800 North Horseshoe Drive Naples, . L �� . / Date Applicant Signature Printed Name tJ rage 6of6 6/4/2014 — — Collier County • GOVERNMENT 2800 NORTH HORSC-SHOE DRIVE COLLIER COUNTY GRO T F MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104. 252-2400 Variance Tuesday, July 21, 2015 3:50pm Assigned Planner: Eric Johnson Engineering Manager(for PPL's and FP's): ---rl Project Name: 332 Conners Avenue PL#: VA-PL20150001635 Property I® : 2763044000 Current zoning: - 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: iii. Proposed Commercial Square Footage: iv. For Amendments,indicate the original petition number: v. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: yi, If the project is within a Plat, provide the name and AR#/PL#: P.B. 3, Page 89 CONNER'S VANDERBILT BCH EST UNIT 3 BLK R LOT 11 Goa, County COLLIEF:COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.coiliergov.net (239)252-2400 Meeting motes — 1414, C, s _1 ° _„4.• --:) --07,i,41 211-7-24.,41a-1114.i. 110“-t-4 L 7)Le Sir". tC" 1 cLt f)wi-7. 7i "t7-24-L'11),-1 4"1.)e; Ld/ ) e :c,LL•ac i¼ -It:14.)a/ 15, - C/c)i Let( ci. ,r tl; - • • p 6°-1 . -t t: c t, I •../1 =MOM A*. ••••••■••■•■ tier •` nty „--, COLLIER COUNTY GOVERNMENT € 3 NORTH HORSES .OE DRIVE GROWTH MANAGEMENT DEPARTi NAPLES,FLORIDA 37104 S, J tt Collier County Contact Information: Name Review Discipline Phone i Email Richard Anderson I Environmental Specialist 252-2483 richardanderson @cotliergov.net Li David Anthony Environmental Review 252-2497 davidanthony @caliiergov.net J Summer Araque Environmental Review _252-6290 summerbrownaraque @colliergov.net Steve Baluch, P.E. Transportation Planning - 252-2361 StephenBaluch @coiliergov.net 11 Laurie Beard Transportation Pathways 252-5782 Lauriebeard @colliergov.net O Rachel Beasley Planner 252-8202 rachelbeasley @colliergov.net • Marcus Berman _ County Surveyor 252-6885 MarcusBerman @colliergov.net `i Madelin Bunster Architectural Review 252-8523 madelinbunster @colliergov.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 ii 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 g Nancy Gundlach,AICP,PIA Zoning Services 252-2484 nancygundlach @colliergov.net El Shar Hingson East Naples Fire District 687-5650 shingson @ccfco.org ❑ John Houldsworth Engineering Services 252-5757 johnhouldsworth @colliergov.net g ineerin g ,! r^ Jodi Hughes Transportation Pathways 252-5744 jodihughes @colliergov.net _ L Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphrieS@colliergov.net . y Eric Johnson,AICP,CFM Zoning Zonin Services 252-2931 ericjohnson @colliergov.net ..-<-.4, Marcia Kendall Comprehensive rehensive Planning 252-2387 marciakendall @colliergov.net 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 En ineerin Services 252-2911 jackmckenna @colliergov.net Matt McLean, P.E. Principal Project Manager 252-8279 matthewmclean @colliergov.net Gilbert Moncivaiz Utility Impact Fees 252-4215 giibertmoncivaiz @colliergov.net Annis Moxam Addressing 252-5519 annismoxam @colliergov.net • Stefanie Nawrocki Planning and Zoning 252-2313 StefanieNawrocki @colliergov.net E; Mariam Ocheltree Graphics 252-2315 mariamocheltree @colliergov.net ❑ Brandy Otero ( Transit 1 252-5859 brandyotero @colliergov•net Caliber County t~'N COU0ER COUNTY G0VERN::2�- 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 yvxww.crUiergmv'net (239)252-2400 | : Brandi Pollard Utility Impact fees 252-6237 _hroncUpu\\ar6@coUierQox.net O Fred KeischL A|CP Zoning Services _ 252-4211 fnedeisch>@cnU)ergov.net �� Stacy Revay Transportation Pathways _ 252'5677 gcacyrexay@coUiergov.net O Brett Rosenbium,P.E. Utility Plan Review 252'2905 brettrnsenb|um@coUier8ov.net [] Michael Sawyer Zoning Services 252-2926 michae\sawwer@cnUiuqQnv.net [] Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt@coUierQov.not Z Chris Scott,AICP Planning and Zoning 252-2460 chri,,:ntt@coUienQovnet _ [] Daniel Smith, Landscape Review _ 252-4312 �an/e|smux��cnmerQov.n*t ' [] Ellen Summers p|ann/nsand Zoning 252-1032 8bnSummen@coUierQov.net [� Scott Stone Assistant County Attorney 252'8400 scottstone@cnUiergov.net Hearing O Mark H i nQ E x aminer/[[P[ 252'4448 mark�min��coUinrgnx.ner ark5tn,in 9 K«uvanlcngan Utility Planning 252-5366 khsxan|enQen@coUiergow.net O Jon Walsh Building Review _ 252-2962 ]pnatxa"wa|sh@cnxiecgov.net [ David Weeks,AICP Future LandUse[ondstency 252-2306 davidmeehs@coUiergov.net [] Kirsten Wilkie Environmental nev|ew 253'5518 mraemwomeeco|Vcnnoun,t [] Christine Willoughby Planning and zoning 252'5748 o`nmmnevxmouuh6v@coUien:mw.net —~ Additional Attendee Contact Information: Name Representing Phone Email �l�' (\r�� r)l*«� �� "= ` ��' '�� /~!��_l ~-~��' 0;c'ry,,t.k1xLi' . ' ' ' •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 si•ned b Addressin. .ersonnel •rior to .re-a.•iication meetin. +*lease allow 3 da s for a rocessin 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) ❑ SP!(Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LI A(Lot Line Adjustment) ❑ SNC(Street Name Change-Unpiatted) PNC(Project Name Change) El � TDR(Transfer of Development Rights) ❑ ❑ PPL(Plans&Plat Review) VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fiil Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties(copy of lengthy description maybe attached) rr mot ' $ G7 bc.ti uc FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with, legal description if more than one) c —i . Soy/. 4o000 Conners Vanderhilt Reach Estatcs Unit 3 Block R Lot 11 STREET ADDRESS or ADDRESSES(as applicable, if already assigned) 33 3 Con ors- five. • 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) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) .-. SDP - or AR or PL Collier uw w' COLLIER LOUT=TY GOVERNMENT 2800 NORTH HOR5ESF!OE DRIVE GROWTH MA'`tiAGEMENT DEPARTMENT NAPLES,FLORIDA 34134 www.COilierg.:"v.net (239)252-2400 FAX (2.39)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: 1_ Email ❑ Fax ❑ Personally picked up Applicant Name: EN.)al-1%7v c �tes k.I.C., C A eero..id vrv.„) Phone: (9,1/4-'9 nc a r'�- 01-7(4 Email/Fax: 5.).lfUral/-t( k 0 . cc tiy> 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: Date: 9-3-2015 IQ Updated by: Date: 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 in to 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 ■•••• 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. j4 �Un 1iF €i d s �i. O ;,4 r3 rt1 Qom@ o 1 lie'_ C}, � � Ej{)i4ft(� I '�iidW ss d'o U 2gin, �rsB ¢ i�l , w 1gg u ��ka .E C r y�"z+ di. °_3 i-S IS 3¢ / y.y 1.1011141,1111-. j t .0,„) 1 Z 2 Q � k o E a z m UJ W a u co , I • VV.M. 4•I W 2 ` 4.4' ) -� ) ti N >I4 -ON 31.91' — .1n - - —1,— I ill LIIIJN - A t z■ z% 23, ; 4, 31 v CC I I ismi:4( Z — � m won I Ct4^.-C40 F.,. ei r (, Cri . . M ,... cc )--_,_ lin,, ti_ i N t I .ZZ O )41444.41,010 O / LJ!L' 1'm iliCiaiiiiiiejo EL I \miiii0,1000/ z I 0 1 _ � z ��° tII2A Iz a � p CO two Z Ik2 I �Lt. ti �� PH WoihH Z(....) �pt9�� I w / 32.11' C � l - -�� o (\4.3' 1 O CCJ j N00°1440"W 121.t 0 N 00°17'30"W 121.1 W cc W m " O f, j i 2 O 0 2 ti k 1 W I N AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL 2.0 k E MO 1(936 f, Sane \e t A (print name), as Li.,J� '_ci '.fir (title, if applicable) of Ya r rom 7xe p ' ee - uLC. ( . p;*, If applicable),swear or affirm under oath,that I am the(oho one)owner i/ applicant contract purchaser and that: 1. i have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions impose by the approyed action. to act as our/my representative 5. Well authorize C: ¢1ra.Q lA k i� j 4-i.t� in any matters rega ng this petit on 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.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's"Managing Member." . if the applicant is a partnership, then typically a partner can sign on behalf of the partnership. ® if the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". ..--. . In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature bate STATE OF FLORIDA COUNTY OF COLLIER r _ Thg foregoing instrument was sworn to(or affirmed)and subscribed before me on a ,) % /5— by `,,, LW, ;f_ L. - (name of person providing oath or affirmation), as d f I , s I�, ., e ,, _( who is personally known to me or who has produced I. (type at identification) as identification. sTAnnrsrsEAL Signature of Notary Public COMMONWF.wt• OF f}aN*= NOTARIAL SEAL DEBRA A.10.8,Notary Public East Coventry,Two. Chester County .---. Commission Expires January 28.2016 Cp\08-COA-00115\155 REV 3t24l14 1NSTR 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: COLLIER COUNTY FLORIDA DOC @.70$10,990.00 REC$18.50 DUNN TITLE COMPANY 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 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 aid the heirs, legal representatives, and assigns of individuals, arid 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, according to the Plat thereof recorded in Plat Book 3, page 89, of the Public 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 presence f: -- ,:i;o4A-9,2 ess#1 Signature ROBERT A. WOITZI1 Printed Name of Witness #1 P.O. BOX 112218 NAPLES, FL 34108 A _4," M I�PL. SCI , ess# Sigliat�'e t` ��(.,(1&tI 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 A. 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: VRx.40 .6)At1/a' Lc '.` g . ci Witness my hand and official seal in the County and State last aforesaid this day of March, 2015. My Commission expires: OTARY PUBLIC (SEAL) Printed Name of Notary Public ! _ sr`Y rvnd 1L115 �, /.R Nf , RE v ,-? d1'S ..,..., ., ,..... .. ..,. „, ,,,,;r ,_ ,. ,„ . ...... .., .3..,,,,,,,,......„...„.. ,,,, ., . . ,: ,-...„:„.:.,:, . , .., .,,,,,-.- ,,,-,..',..,-,' ;.. i _ , . 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F Aerials 2015[e inch urban)4,201 ALMS - Aerials 20t4[2 FEET' 1 Collier County Folio Number.27630440000 Name:EVANSBURG PROPERTIES LLC Street#&Name:332 CONNERS AVI all' -" Build#/Unit#:R/11 `"166- ^ ---- - Legal Description:CONNER'S Psi°° VANDERBILT BCH EST UNIT 3 BLK II° f r, t ''';41*--' i R LOT 11 I 004.Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,no warranties expressed or implied are provi, for the data herein,its use,or its interpretation. 8/31/2015 Print Subject: RE: Requests to Waive Variance App Requirements2 From: JohnsonEric(EricJohnson @colliergov.net) To: gjyarchitect©yahoo.corn; Date: Thursday, August 27, 2015 8:59 AM I received your waiver requests. Thank you, Mr. Yurk. Question—Were the PDFs contained in your previous email intended to address staff's comments and serve as an official resubini tal? Eric Johnson Principal Planner From:Gerald Yurk[mailto:gjyarchitect@yahoo.eom] Senn 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 our situation. ti comments comments re as k from them. In those comments they have asked that we email you and request that a few requirements be waived c Correction Comment 121 Email Eric Johnson at ..-__, LL'(baNntr'iienifierativ.not 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. We respectfully request that you please waive the requirement to provide the aerial photographs for this petition. Correction Comment 13: Email Eric Johnson at ericiohnsonra?eollierF,ov.ntt 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 U httpsJ/us-mg5.m ail.yahoo.com/neol launch?.ran&aa6o4to73s970I18280ai0368 :., 7 11,, 1 x i .., 1k-2, 4.3 -?. 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'_:- --. - - • -----.“Ice.--,1:- -. -:,•. - --. - ::-;or-.9 • - ..,.' . . . . .. .. — —\__—_--\_—_— _. _.,___ _ — - •-•.' • -- • -.- ..- __\m_-=— -----'--: -- _ — — — — —_ — — , . -_ - .. . o , -— — — — — — — — — — — — .:- ..• .- • - - --. - : •-: -:. ..... :_..r-s . - -.. - 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: EVANSBURG 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 1 8 Z015 Commonwealth of Pennsylvania CERTIFICATE OF ORGANIZATION 2 Page(s) llhIJIIillhIJIIIIJllhllhhiuhgh!IIjfluhIhIIIIIII 1 h2. CERTIFICATE NO. - -` INTEREST 1 1 i 100%-- I t { � 1 EVANSBURG PROPERTIES LLC ORGANIZED UNDER THE LAWS OFTHE COMMONWEALTH OF PENNSYLVANIA Limited Liability Company Interest THIS CERTIFIES PIMP Sandra L. Weekley is the owner of --One Hundred Percent-- Limited Liability Company Interest '� un EVANSBURG PROPERTIES LLC,a Pennsylvania Limited Liability Company,which has been formed under the terms and conditions of the Pennsylvania Lim ited Liability CompanyAct. This Certificate,or the interest itrepresents, may not be negotiated.sold,tran sferred.assigned,hypothecated,pledged,encumbered or otherwise disposed of in 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 Februyary ,2015 . BY: AUTHORIZED SIGNATURE X —fl IRS'DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE CINCINNATI OH 45999-0023 Date of this notice: 03-05-2015 Employer Identification Number: 000951.538533.397647.17987 1 MS 0.435 530 47-3274418 I'l`IdIIEIIIIIIII ll1IIIIlIIIIIIII"Illililll"11111111111VIII Form: SS-4 Number of this notice: CP 575 G EVANSBURG PROPERTIES LLC „": SANDRA WEEKLEY SOLE MBR For assistance you may call us at:862 APPALOOSA CT 1-500-829-4933 COLLEGEVILLE PA 19426 000951 IF YOU WRITE, ATTACH THE STUB OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an Employer Identification Number (EIN). tax assigned you EIN 47-3274418. This EIN will identify you, your business accounts, and documents, even if you have no employees. Please keep this notice in your permanent records. When filing tax documents, payments, and related correspondence, it is very important that you use your EIN and complete name and addressrexactlyfasmshown above. Any variation may cause a delay in processing, account, or even cause you to be assigned more than one EIN. If the information is not correct as shown above, please make the correction using the attached tear-off stub and return it to us. A limited liability company (LLC) may file Form 8832, Entity Classification Election, and elect to be classified as an association taxable as a corporation. If the LLC is eligible to be treated as a corporation that meets certain tests and it will be electing S corporation status, it must timely file Form 2553, Election by a Small Business Corporation. The LLC will be treated as a corporation as of the effective date of the S corporation election and does not need to file Form 8832. To obtain tax forms and publications, including those referenced in this notice, visit our Web site at www.irs.gov. If you do not have access to the Internet, call 1-800-829-3676 (TTY/TDD 1-800-829-4059) or visit your local IRS office. IMPORTANT REMINDERS: * Keep a copy of this notice in your permanent records. This notice is issued only one time and IRS will not be able to generate a duplicate copy for you. You may give a copy of this document to anyone asking for proof of your EIN. * Use this EIU and your name exactly as they appear at the top of this notice on all your federal tax forms. * Refer to this EIN on your tax-related correspondence and documents. * Provide future officers of your organization with a copy of this notice. Your name control associated with this EIN is EVAN. You will need to provide This information, along with your EIN, if you file your returns electronically. If you have euaddrens about your eIN, you can call us at the phone number or write to us at the address shown at the top of this notice. If you write, please ter of Ifayoufdotnotsneedatotwritetus, do not Scompleteaandsreturn thisgstub. yThank letter. you for your cooperation. (IRS USE ONLY) 5756 03-05-2015 EVAN 0 0509906549 SS-4 t2g 000951 Keep this part for your records. CP 575 G (Rev. 1-2013: Return this part with any correspondence CP 575 G so we may identify your account. Please correct any errors in your name or address. 0509906549 Your Telephone Number Best Time to Call EMPLOYER THIS 47-3274418 ( - FORM: SS-4 NOBOD SANDRA EVANSBURG APPALOOSA CT INTERNAL REVENUE SERVICE 862 862LAPPALOOS PT 19426 c=NCINNATI OH 45999-0023 Iti„Iiiq;ilulhbp'I1'Illll1*"Iltlt1110111h,IlUttl Sc-7 } l 3 BA i.ti' t` �1 b�s �{i' S3 333 ,--1 .c Q ilill II'IV ii ` { Wo J 4 pal C • ,i 3ai: E3 WW o f t o < p b fl 'o Pet s N F t = og_ .94 E it $g SA i VI iew t 1 1 ; ! g 2i91Q$ a it,;e $y$ . I. : y 41 g h�� a iti $ Sy R$$x s! g v t s i .$@a 6 . e ls DE a a ! x o$<ff 2 al E n g x2 io eJ!li! 5 �k it II� i P. It 1 ss" a 1§l _;!;4 ; 1 t: o x`811,1;11;' O ODOOEOOEO O 0 NENE O OOCIOOO DOENO®®O® O ❑D ®® V B NIEL El 01151 ...C1,..., .1: 1 r] g _.. g e�e�ee��e.. ■® • ://;./ ID I li C9 k : , ....,.. a _Li m __0====__ 1 w ® Z • ❑ a LJ ,i a 5 B �\ 1.2 'le\ o O I� .• 8 9 II ® e o 1 a iiii_iii aiiiiiiiiiiii 1 "0 ,„..„.„........„..„. bw• 1 . . y; -....NMI I El V' .1 ° \may D,� COLLIER COUNTY Growth Management Department August 18, 2015 GERALD YUR-ARCHITECT 13986 BALD CYPRESS CIR FORT MYERS, FL 33907 EMAIL-gjyarchitect @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 following 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 @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 Moxam 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, (A •7; 1�/ Eric Johnson,AICP, CFM,LEED Green Associate Principal Planner Growth Management Department Coiner Couxty COLLIER COUNTY GOVERNMENT 2800 NQRTH 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 © © ❑ Completed Addressing Checklist 1 © ❑ Conceptual Site Plan 24"x 36"and one 834"x 11"copy © © ❑ 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 © ❑ included on aerial Historical Survey or waiver request 1 ❑ Environmental Data Requirements or exemption justification 3 ❑ Once the first set of review comments are posted, provide the assigned 1 © ❑ planner the Property Owner Advisory Letter and Certification Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all 1 © ❑ materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 6/4/2014 Page 5 of 6 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 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 .g Addressing:Annis Moxam j Graphics:Mariam Ocheltree ❑ City of Naples:Robin Singer, Planning Director ❑ Historical Review Comprehensive Planning:See Pre-Application ❑ Meeting Sign In Sheet ❑ Immokalee Water/Sewer District: ❑ Conservancy of SWFL: Nichole Ryan ❑ Parks and Recreation:Vicky Ahmad JCounty Attorney's Office:Heidi Ashton-Cicko ❑ Transportation Pathways:Stacey Revay ❑ Emergency Management: Dan Summers;and/or 1--1 School District(Residential Components):Amy EMS:Artie Bay Heartlock Er Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky ❑ Other: ❑ Utilities Engineering: Kris VanLengen FEE REQUIREMENTS ❑ Pre-Application Meeting:$500.00 Variance Petition: o Residential-$2,000.00 o Non-Residential-$5,000.00 o 5th and Subsequent Review-20%of original fee Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 ❑ After The Fact Zoning/Land Use Petitions:2x the normal petition fee ❑ Listed Species Survey(if EIS is not required):$1,000.00 All checks payable to:Board of County Commissioners The completed application,all required submittal materials,and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Applicant Signature Date Printed Name 6/4/2014 Page 6 of 6 • NM'S 0 ZO KZ S z m O J 5 N Z CO Z T -.1 >- L g I IT, _ ~ _ y. —1--3 --1-2 - D �' n R m _ Z - " " ell NC DUE O w N N U o _ s . - m U Ea E 0.1 _g__Q 09 ,RO OR x e 8 2 :Cp C).- al ill ROM!,,j, 3 6 " R t,_ _ Hill _ L -1 FF6 z_ 5 s a - ° m re Fm m �"� b R ® • r.A .d & R ee�� < OF T Lego �y.. 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Z • W• • a Z• W• • • • i • I • • _• w a' R Z h W O n O. • Q'.La�. .II • : 7 a j : 'i • i �j i • - w r i i $i•r iM� r *ii„11..., .... r • i • .0 M IA i '1..4 ' '• . _ _ ° r �° lrul •• IS d• i r.l 4•y�3,. ,SugG N'3.-,a ' .s 0 ,p fyE' uN.Y 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, \ / V Sandra &John Weekley 862 Appaloosa Ct Collegeville, PA 19426 (610)454-9325 • 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 • 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. 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 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 1 • 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 862 Appaloosa Ct Collegeville, PA 19426 (610) 454-9325 Evansburg Properties, LLC 862 Appaloosa Ct Collegeville, PA 19426 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. 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 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 Page 1 of 1 Collier County Property Appraiser Property Summary Parcel No. i 27630440000 ! Site Adr. 332 CONNERS AVE Name/Address EVANSBURG PROPERTIES LLC • 862 APPALOOSA COURT City 'COLLEGEVILLE State PA' Zip 19426 Map No. Strap No. • Section Township Range ; Acres *Estimated 3A29 1 234100 R 113A29 29 48 25 i 0.22 , ■ Legal �CONNER'S VANDERBILT BCH EST UNIT 3 BLK R LOT 11 • Millage Area 0 :154 j Millage Rates 0 *Calculations Sub./Condo 234100-CONNERS VANDERBILT BCH EST#3 School ! Other Total • Use Code 0 I 1-SINGLE FAMILY RESIDENTIAL j 5.58 ' 6.1776 11.7576 Latest Sales History 2014 Certified Tax Roll (Not all Sales are listed due to Confidentiality) _ __ (Subject to Change) Date ; Book-Page ' _ Amount ! : Land Value $ 500,480 03/24/15 1 5132-2405 ! , � $1,570,000 (+) IImproved Value $476,964. 05/10/05 3794-3454 _ _ _ $ 1,600,000 ; --- 05/10/05 3794-3453 $ (=) Market Value — $977,444 (_) Assessed Value $977,444 _02/03/89 1414-910 $144,000 ; ;___.___ _. _____.. _07/01/88 __ 1368-729 ; $87,00_0 ; (_) School Taxable Value $977,444 •05/01/_85 • 1137-973 V $73,000 ; (_) Taxable Value $977,444' ! 04/01/68_ 269-24 $0 , If all Values shown above equal 0 this parcel was created after the Final Tax Roll httD://www.collierannraiser.com/Main Search/RecordDetail.html?FolioID=27630440000 7/21/2015 SKETCH OF BOUNDARY SURVEY SURVEY#14839 PrgvertyAddiess: Certified To: Evensburg Properties LLC;Sandra Weeldey;John 2 332 Connors Avenue Weeide1;Dunn Title C2rnpany; Westcor Land Title Naples,FL 34108 Insurance any Legal Descrlpllon As Furnished: Lot 11,Block R,CONNERS VANDERBILT BEACH ESTATES UNIT N0 3,according to the plat thereof es recorded In Plat Book 3,Page(s)89,alike Public Records ofComerCounty,Florida. BENCHMARK i LAND SERVICES,INC. ,, ELEVATIONS'„ 06/05/2015 I 1807 J.&C.Boulevard Tel. 239591-0778 DATE OF MIRKY DRANK BY Flood Zone • : •n: z Neples,Rcrlda34109 Fax.239-591-1195 03/b7/2015 Ats Community Number'120067 '. L.B.#7502 WWwbendunekidandse vices.com COAIRCE,i a DAM DECKED BY Panel:0189 Suffix H Effective Date:05/16/2012 cts,40/2075 its Flood Zone:AE BFE:10'NAV.D. 1988 L-1=N 89°4520"E 80'P. &M. L-2=S 89°4520"W 80'P. i S 89°22'48"W 79.93'M F, S, A ., _ (IMPROVED)60'R /W (P.) -- -- - —- — - ASPHALT T r 7 � s S 85°4419"E 763.7 ' T T _ CULL. FNO vz�— 3 f. &763.56 M. --�- ° L-1 /.R.NO/.D. �3/S OFBE4R/NGS " NoRTHR v (NOT 1 O SCALE) ;ND—. 1/2" ` LOT 11 1 .08E7-12 BLOCK ) I.R.NO 1.D. O BLOCKR� I.R.LB7502 tJ CONC. WNW o$ 13 aS a C� ap a a a 1082` 21.5' Id vj 214' �33' v ° fi OT 1R 'V i7,I THREE STORY �, v 0 LOT 10 LOCK v v I RESIDENCE Aft: m m BLOCKR #332 v 1.1 I o 16—FL.=6 .6 !`; � �I 2ND FL.=16.2' 3RD FL.=25.7' bi FENCE/— • 27.5 5579'N. 3.00'W. (eta, '` LAN o •I FENCE N � �I 7s ��IN 26.0' e i1 � I 1m foot a DECK \ IQ 55 AREA 'SEAWALL DETAIL:NOT TO SCALE 411- -IS—at AR YARD— —1— — *TO 41.3' .5 i r __V N1 . 10'ACCESSORY O DLit gR FND D.H. n 12 IN m C I.3 SEAWALL. ‘7505; 10' c� WOOD DOCK 9' O� � O.AD'N. • °E in 0.88'W t LECALLIESCRIPTIONPROVINDWOWERILNDEVIAINATIONOFEREMACEDYSURVEYORTHELANDESHONT4 NER9ONW NOTABWRA6TEDPM6SENENTSCROTE9T aCUMORANCESNOTSHOW CINT1EPUT. POINTS OF INTEREST.' :7lO°CAi7fFIC417 NISO LYPONNELM S&OeENMENTMNITTACIENTsr:ArnNvarmLEZONI rr,EASEMENTS 1. YAROREQU/REMENTSPERCOLL/ER 1 inch=30'ft. s� ORF/EEDCIA ONENCU DRWCEBOWNERNIP,ORRIGLYTTIOFWAY. G s L11DEROROIwOPORRpY80FPOOTINIEL POUNDATIONSORONERNI ROVB16VT8 WEfENDTLOt:A7E.L WALL 7E8 COUNTY BUILDING DEPARTMENT AEmrEFACEOFnERRILANOARENOrm BEUSEDTO ECOPEITRDTBO NDARYLEEB GRAPHIC SCALE I.NOT VA D VAMOUTfl€W1ATLFES On1[NYML RYSED SEN.OFA FLORat uCeNEDIGRYEYQRAIIDAMPPEI. 0 iii5 30 ONLYVERILEEACROAC ENTSLOCATea A 71108IRVEYgMH1OEDFORNORft7AOEOR INNGEPURPOSE8QALY,EXCUlSIYBYFON 77€USEBY THOSE 70 room T amnia THEIS VETISNOTTO SEU5EFORCONBmUC71LPEAI7WO OSS IONORANYOT7BR USEVOINOUrWRn7ENG YI. &OW YA PnotEN SVT118 OWN WEREwcA78L RACE OWNERSHIP NOTDETBEAMELL I hereby certify thatA Survey of the hereon described property was a F„r SUI IOENTEAhOVT$ N A7Dr,1""BiwD 1001# rsOFr RECORD made under my direction and meets the Minimum Tedmical Standards a NIEVLOC4170NOPEASOEMEPOV O RRA;r YCFRECORCA OREER THAN THOsEONRl CORDPU78.a as per Chapter 5J1 Z 051&.052 FAC.,pursuant to sed fdt 472.027, RECUR®,MSIN O/wM7DNMUSIBER JRNE/A D TO ME P RYEYORANOPIAPPERt.PER PLOREN STATUTE 6A.4032 (2)f(Q1oFflEPLdEL MAPa7077611NEOAPS R 8 tlJt88. 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DOBiwDPFB??fl 4MT RXf PL1NT13P ETC.MAME QW. 'L' p,Ap,A D OUE ORANGE 7Rt8� tns.sail. QY.Q Od�DVAtIEYd/R8t ""1•""' I.R. • MM. P.C..F. FINERIEDR.00R PO STOFcieiS n L7A7C7/BA 4 FOUND P.GG PONfOFODIPOUIDCfINATtRE TBM. 1aPORARYBHVC7lAM/M SD. BTC/EVaRAN •CONC7AEIEAtDNLB6VT DaLIC:CdN:MTE �n✓RGAT7GW P.CP PBEIMBYfL1aRlIPOLP�Irr TEL iB@HQ1EfApLnEB CAL UOYCIl7EAAONRB6Vf GTWALA®If NLMNOrAPPLIGate jii RONIROD PR PA RRONMIL T.OIL 7OPOFMNr CAD cLaANOUr PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, December 10, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: 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. ,011\ • AY HOUE ,,_ ri GULF OF MEXICO VANDERBILT 21 spi • il VI ' LLAS COLLIER TRACT 21 THE DUNES PLAZA 21 T. . Iii VILLAS II A,. m "" X c- PROJECT COVENTRY W LOCATION W ST.JOHN N r'7\ E i THE EVGELI . CATHLIC AN CHURST CH � VANDERBILT I tt'CI 28 f N Buualeg-OVJN3d W NAPLES ~ ESTATES VI Q PARK 4 Q I � All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101, Naples, Florida 34112-5356, (239)252- 8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.800255 November 20.2015 HEX 12-10-2015 CU—PL20140001610 GRACE PLACE Ann P. Jennejohn From: Reischl, Fred Sent: Monday, November 09, 2015 10:10 AM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Lang, Ashley; Kendall, Marcia Subject: Ad request CU-PL20140001610 Grace Place Attachments: Ad Map CURPL141610(2X3).pdf;Ad Request.docx;Ad Request.docx Please process the attached and acknowledge receipt at your earliest convenience.Also, please send confirmation for approval prior to processing. Thanks! Fred Fred Reischl, AICP Principal Planner Zoning Division Phone: 239-252-4211 colliergov.net Co r County Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 November 09, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Novermber 20, 20155 and furnish proof of publication to the attention of Daniel Smith, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 114 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION:ZONING [Zoning Services Section) FUND&COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500161942 Account Number: 076397 C\C-2)--Pi Authorized Designee signature for HEX Advertising PL NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,December 10, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples,FL 34104,to consider: 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), 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of the staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain Chief Hearing Examiner Collier County, Florida < o gym= y 0-1Gm 1 /F>,- Npr m zn n z v) .Ca . r• 0 n N O o 0 0 N r D o n H p X M M. i 111 rn M " * Z D = `. < >> 6) m es m _.I ( 'I r COLLIER BOULEVARD C.R. 951 C) o o r 0 o r z N 0 W m C Z Z rn -I z G) D M -I -I 00" (AM r � Nm O -I `J rn 0 n z —I N C N J� Ann P. Jennejohn From: Rodriguez, Wanda Sent: Monday, November 09, 2015 2:02 PM To: Minutes and Records; Reischl, Fred Cc: Stone, Scott Subject: RE:Ad request CU-PL20140001610 Grace Place The words "zoning district" are missing in the title, please correct in the ad and in Cityview: 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. Otherwise the ad looks good. Please see attached. Wanda Rodriguez, .MCP Advanced Certified Paralegal Office of the County.attorney (239)252-8400 From: Ann P. Jennejohn [mailto:Ann.JennejohnOcollierclerk.com] On Behalf Of Minutes and Records Sent: Monday, November 09, 2015 11:06 AM To: ReischlFred; Minutes and Records Cc: BosiMichael; RodriguezWanda; KendallMarcia Subject: RE: Ad request CU-PL20140001610 Grace Place Perfect! Tkavtks Fred © Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept From: Reischl, Fred Sent: Monday, November 09, 2015 11:02 AM To: Minutes and Records 1 Acct #076397 November 9, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: CU-PL20140001610 (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) Friday, November 20, 2015 and send duplicate Affidavits of Publication, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500162858 November 9, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on November 20, 2015, and furnish proof of publication to the attention of Board Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} PURCHASE ORDER NUMBER: 4500162858 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,December 10, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples, FL 34104, to consider: 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of the staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain Chief Hearing Examiner Collier County, Florida G) -mU) y ziDrO G) --1<r uUi'�'z m zroi� z cn .1- G) r , o 7 N 0 o N n� D 0 0 _ > 0 oo Z __);;_< > ,.„ ._, X cn z m 73 COLLIER BOULEVARD C.R. 951 c) o o 0 r m r Z N 0 C cA m N Z o C z Q) =1 -1 Z G) m = D O m n > N y O C rn O n z —I N N) CJi -P. Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, November 09, 2015 4:39 PM To: Naples Daily News Legals Subject: CU-PL20140001610 (Display w/MAP) Attachments: CU-PL20140001610.doc; CU-PL20140001610.doc; Cu-PL20140001610.pdf Please advertise the attacked notice (w/MAP) on Friday November 20, 2015. Thavtk you. AKA Jevtvtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier Couvtty Board Minutes & Records Dept 1 Ann P. Jennejohn From: Gori, Ivonne <ivonne.gori @naplesnews.com> Sent: Monday, November 16, 2015 2:22 PM To: Ann P.Jennejohn Subject: 800266 Proof Attachments: NDNB800266.pdf Please find attached a proof for your review and approval. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Nit PUS Naples Noncom PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, December 10, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: 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. GREEN BLVD. - - •• GOLDEN GATE ESTATES CHESHIRE ARMS UNIT 27 APTS. GOLDEN PROJECT GATE 23 LOCATION 24 22 GOLDEN CITY VILLAS \ _I (C.R.886) U OLDEN GATE PARKWAY GOLDEN GATE ESTATES ASHLEY'S UNIT 28 SERVICE STATION w 0 RI 26 25 27 0 0 U All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of the staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252- 8380, at least two days prior to the meeting. Mark Strain Chief Hearing Examiner Collier County, Florida No.231150798 February 22.2015 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, November 16, 2015 2:43 PM To: 'Gori, Ivonne' Subject: RE: 800266 Proof Hi again, I thivtk the numbers at the bottovvt of the ad are wrong. (date & ad#) Can you check on the ad number and please change the date? Thavtk you! Avtvt Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Hoard Minutes & Records Dept. From: Gori, Ivonne [mailto:ivonne.gori @naplesnews.com] Sent: Monday, November 16, 2015 2:22 PM To: Ann P. Jennejohn Subject: 800266 Proof Please find attached a proof for your review and approval. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.goriNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Naples Daily Ni S rn Ann P. Jennejohn From: Gori, Ivonne <ivonne.gori @naplesnews.com> Sent: Tuesday, November 17, 2015 4:24 PM To: Ann P.Jennejohn Subject: REVISED proofs Attachments: NDNB800255.pdf; NDNB800266.pdf Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori(a�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 NIIPICS NMI Nor„ PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, December 10, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: 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. - — iAM T"" - GOLDEN GATE ESTATES CHESHIRE ARMS UNIT 27 APTS. GOLDEN PROJECT GATE 23 LOCATION 24 22 GOLDEN E CITY VILLAS \ _ (C.R.886) U OLDEN GATE PARKWAY GOLDEN GATE ESTATES ASHLEY'S UNIT 28 SERVICE STATION O CO 27 26 25 W J 0 U All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of the staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252- 8380, at least two days prior to the meeting. Mark Strain Chief Hearing Examiner Collier County, Florida No.800266 November 20,2015 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday, November 17, 2015 4:48 PM To: Rodriguez,Wanda; Reischl, Fred Subject: Revised HEX Notice (Grace Place Petition CU-PL20140001610) Attachments: NDNB800266.pdf Hi there, The revised notice for the Grace Place Conditional Use Petition, CU-PL2O14OOO161O, running this Friday, November 20, 2.015 for the December 10, 2015 HEX Meeting, is attached for your approval. This was the ad that had the wrong date at the bottom of the ad. Please let we kvtow if I can give NDN an approval a.s.a.p. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept i Ann P. Jennejohn From: Rodriguez, Wanda Sent: Tuesday, November 17, 2015 4:50 PM To: Ann P.Jennejohn; Reischl, Fred Subject: RE: Revised HEX Notice (Grace Place Petition CU-PL20140001610) Looks good to me, thanks. -Wanda Rodriguez, MCP .Advanced Certified Paralegal- Office of the County Attorney (239)252-8400 From: Ann P. Jennejohn [mailto:Ann.Jennejohn @collierclerk.com] Sent: Tuesday, November 17, 2015 4:48 PM To: RodriguezWanda; ReischlFred Subject: Revised HEX Notice (Grace Place Petition CU-PL20140001610) Hi there, The revised notice for the Grace Place Conditional Use Petition, CU-PL20140002620, running this Friday, November 2.0, 201-5 for the December 1-0, 201-5 HEX Meeting, is attached for your approval. This was the ad that had February 22, 201-5 at the bottom of the ad. Please let vote know if I can give NDN an approval a.s.a.p. Thank you! AKA Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment 13oard Collier County 133oard Minutes & Records Dept Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday, November 17, 2015 4:52 PM To: 'Gori, Ivonne' Subject: RE: REVISED proofs They both look great Ivonne Thank you for making the changes; please publish both ads this Friday, November 20, 201-5. Thanks again! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept From: Gori, Ivonne [mailto:ivonne.gori @naplesnews.com] Sent: Tuesday, November 17, 2015 4:24 PM To: Ann P. Jennejohn Subject: REVISED proofs Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.dorina.NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Napits Battu News NapliniSlevos_com PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, December 10, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104,to consider: 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. GREEN BLVD. GOLDEN GATE ESTATES CHESHIRE ARMS UNIT 27 APTS. GOLDEN PROJECT GATE LOCATION 22 23 24 GOLDEN GATE CITY VILLAS i (O.R.886) - OLDEN GATE PARKWAY GOLDEN GATE ESTATES ASHLEY'S UNIT 28 SERVICE STATION 8 O 26 25 27 m w 0 U All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of the staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101, Naples, Florida 34112-5356,(239)252- 8380, at least two days prior to the meeting. Mark Strain Chief Hearing Examiner Collier County, Florida No.800266 November 20.2015 Navdts Battu Nritta NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 800266 NOTICE OF PUBLIC HEA Pub Dates November 20,2015 (Sign ure of affiant) NUgN• Sworn to and subscribed before me � ,r'�"'•�•• IVONNE GORI This Decembe 16,2015 0(.4' Notary Public•State of Florida• Commission •FF 900870 My Comm.Expires Jul 16.2019 . N:•`' Bonded through National Notary Assn. /01'1' ■ (Signatur of affiant) ' 24AB Friday,November 20.2015 II NAPLES DAILY NEWS West Bank and Tel Aviv Foot Pain Palestinian attacks leave 5 dead paetarFaad6�? �r� Gad/Balume lesues?41=/ian ~.:' V Hammer Toes? Come in Today for o FREE -.s Z Bunions? Foot&Gait Analysis L ■ •American _ _■( Morton's Nesrome? C nfi dP dorthi.on Stuff Q teen is among _ !4 cDStom w the victims °J- t_ -'. SowneNs Arch _ - We're MORE than Supports a shoe store... f�C V � P 2399-2545033 11196 N.TAMLAMI TRAIL $GJOFF X { me or e N ornao Maine MAPS a5 P72..1220/16 a) J J9NSNBd-A pair of stab- a '�. ' �j A m bing and shooting attacks X11 camedoutbyPalestinians , killed three Israelis,a Pal- - .A+ 3 U. teenager eThan Ay in one ;. -r,' _ CA$H g� F . Il teenager Thursday American one ,»p- _ f For your diamonds, O Q of the deadliest days in a l Iew ry,orate jewelry, recent outburst of Israeli- .T UM -' ems and*mad.. 11J Palestinian violence. W- _ aV a The attacks are part of a. wave of violence that "5F syApponimanr Only erupted semid-September Jeffrey 239-434-7075 over tensions surrounding Q Q N ___Q a Jerusalem holy site sa- WI` The capie1 es 05102ns C) Z < Z cred to Jews and Muslims. Israeli police investigate the scene of a stabbing attack Thursday in Tel Aviv,Israel.A Palestinian snare JEWELER 599 Tams.Ti N.C 200 Palestinians accuse man fatally stabbed two Israeli men in an office building before being apprehended,police said. Comm&Confdenrial Naplu,Road,34102 Israel of plotting to take elask•d,,os over the hilltop compound know what happened, That attack killed three the Maimonides School known to Jews as the Tem- and then someone near people,including an Israeli in Brookline,Massachu- 0 ple Mount and to Muslims the door shouted,'There's and 18-year-old American setts.Maimonides said T as the Noble Israel el deniesy, at Hedesc" Ezra Schwartz,in Israel. was the profoun ly saddeneds RP�RIr TIZgNSPOR Iq to 0) something Israel denies. He describedadramatic studying in Israel.Also "profoundly saddened" R I I C The Palestinians say the standoff,with worshippers killed was a Palestinian and mourned his death. I Ip O violence is rooted in frus- standing against the closed man,but police said it was The U.S.Department of N tration at decades of living shop door as the assailant unclear if he was hit by the State said it extended its NAPLES to RSW under Israeli occupation. tried to force his way in.A attacker's fire or that of condolences to his family rArkx wider u"��w u�•.,i N Israel accuses Palestin- blood-spattered floor was Israeli forces. and friends. shonle shortie c,r Ti) '' ian estders of inciting the littered with gloves. the distributed Since the violence robroke 5 • O) C unrest. Police spokeswoman by the Israeli Government out,Israel has sent troops a) n_ O The violence initially Luba Samri said the at- Press Office said Schwartz to back up thousands of N '' Q us was confined to Tera- tacker was apprehended studied in a Jewish semi- police patrolling cities, f lam and gradually spread by onlookers.She said he nary outside Jerusalem set up checkpoints in Arab- t o'e PEOPLE o,z FoOPI S 1 or 4 PEOPLE 0 0 1. deeper into Israel,the was a Palestinian father and had come to the come- neighborhoods of East Je 0 � � N l.7.; 0 B<• West Bank and the Gaza of five from the West Bank try on Masa,a program rusalem and outlawed an O) N N Strip. village Dura,near Hebron, that brings young Jews Islamic group accused of n,r,�ree se.moe area.aesP.".,r�",5�,,enimPe. In Thursday's first at- a frequent flashpoint for from abroad to live in the inciting violence.But it ---.-. Q Q co 0 tack, a knife-wielding violence. country. has struggled to contain Lawn Replacement man stabbed and killed Hours later,a Palestin- "Ezra came to Israel the seemingly spontane- p two Israelis as several of ian motorist opened fire on not only to study but also sus attacks. MALONEY'S them gathered for after- a line dears stuck in teat- to be a part of the vibrant Thursday's Tel Aviv 1 noon prayers at an office fic in Gush Etzion,south Israeli experience.This attack,inside an expan- buildinginthe Israeli corn- of Jerusalem in the West makes his death even more sive office building in — mercial center of Tel Aviv. Bank. tragic,"said Natan Sharon- the middle of the day,in • • Witness Shimon Vaknin The Israeli military sky,chairman of the Jew- particular stoked Israeli C said he saw a bloodied said he then intentionally ish Agency,which works fears that a full-fledged man stumble into the room rammed his vehicle into a closely with the govern- Palestinian uprising could where he prayed with group of pedestrians.The ment to promote Jewish erupt.Attacks inside Israel "No job too Big or too Small" N companions. military said soldiers shot immigration to Israel. have grown rare in recent "He was all slashed and at the attacker,although Schwartz,whowasfrom weeks even as violence Naples&Bonita•239-775-9339 aj bloody.We were in shock" his condition and identity Sharon,Massachusetts, continued to roil the West WWW,maloneysod.com Vakain said."We didn't were unknown. graduated this year from Bank. 1 CD X CD 0 t f r 3° "1r—, •�'-.. • - PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE G 4 7lIT U a T°''`��/�� "7f p NOTICE OF PUBLIC HEARING CO Z M Z AGIFT 111E WHOLE FAMILY yv ILL ENJOY! Notice is hereby given that a public hearing will be held by the Collier County Hearing PLACE YOUR ORDERS EARLY FOR pi Examiner xamin r'pieJQ at Room A.M.,on Thursday,December,R 2015,in the Naples,ai >- Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/61 a - CHRISTMAS AND THE NEW YEAR FL 34,D4,to consider: E !'� x PETITION NO.CU-PL20140001610-Grace Place for Children and Families,Inc. O R� requests a new Conditional Use fora private school pursuant to Section 2.03.02.A1.c.3 NZ 0) o- of the Land Development Code in order to amend Resolution No.10-141,which -0 O- v € "' established a conditional use for a private school within a Residential Single Family C > �- i (05F3)zoning district,by Increasing the maximum student capacity from 184 to 258 E O � td s '.s ,o students and amending the Conceptual Site Plan to Increase the number and overall C -t vn ® size of proposed buildings,and modify the size and location of parking areas,access Z 0) . 0 `° l '— 4' driveways and water management areas for property located west of Collier Boulevard -O CO IV -^- t Ir'c.' and north of Golden Gate Parkway in Section 22,Township 49 South,Range 26 East, C - a 3s Collier County,Florida consisting of 4.01t acres. Q S. CO— 0 � �„� - �' r -i „ ,` gym.. �{ "- GOLDEN I PROJECT GATE LOCATION � v1,„aP � a v 5,, : cm 6 ,Zwrr . wr um rsuPs couPs Mg g 3 . Over Ye 2 3 :e PS of Experie25 nars oet 3 with Commitment wt. j fo Ouarty Service , Save on Quality Cabinetry and Detail ^' y -, All interested parties are invited to appear and be heard. All materials used in - •Wide Variety of Design Options presentation before the Hearing Examiner will become a permanent part of the record. IAI0 - •Pricing to fit any Budget N Copies of the staff report are available one week prior to the hearing.The file can be I rr •Experienced Design Professionals -k reviewed at the Collier County Growth Management Department,Zoning Division, Choose(r d Selecrion nfcounterrop ch s5ncluding. Zoning ng Services Sect on,2800 North Horseshoe Drive Naples.FL. 0 Granite•Marble•Carlon•Quartz• Natural Stone s The Hearing Examines decision becomes final on the date rendered. If a person ■ Pei N Laminate••Vetraeae decides to appeal any decision made by the Colier County Hearing Examiner with �r p� respect to my matter considered at such meet rig or hearing he w II seed a record of L 1,i' '°evva that proceeding,and for such purpose he may need to ensure that a verbatim record LEI US If your kitchen isn't becoming to you... 1nFREf of the proceedings i ? q - gs s made,which record includes the testimony and evidence upon /•� '��, nnoidmU- }5ushouUbecomingrolu! cdEaMmryoa which the appeals to be based. 1a ' — WOW Paoli .> o x me • If you area person with a disability who needs any accommodation in order to 40.4 E e. f�CT7'R STEVE T T UNSER - participate in this proceeding,you are entitled,at no cost to you,to the provision of ttJ 1 L+�/L v 1�JL+j� }-' certain assistance.Please contact the Collie County Facilities Management Division ▪ > CABIN ETRY 1 located,at ea 35 T days the meeting Naples,Florida 34112-5356,(239)252- O51055.5 oN woo m NEAREST boo. Mark Stan tri 14APIi6555o56ulry5rrceia a CAPBCOBAL 641 SW arh St...ESL., ChifH rig Examiner tE '� 239.631.2951 239.242.9175 Collier County,Florida •«..ds - 8: F Ait nw.00ease November 20.241s 6. BI€ LL 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 2151 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 REOUESTED 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 (2151 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 East, 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. 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I a N la II *co©©. at. sfkitNNNE©s J 3TI05 01 LON U It a. Z .-- —- O 1 a e A` ak 3 _S3 i 31r a a� ti& q _ f lti gill i11 ,„HO OHYAiVIOe Enn30O !,- - e -.. „ - b. 5x n4 t, fig 1Q N - y 0 ^ems 0 3 =s. @ d s r .1/ grill I- I '. s Z a �""z''‘ l Y • U �YA3N00 NYOOI _ U advn3'roe 4,5 / \ #F•1®f ,y WLLryMI1y �3HYA3 •8 YHY•Hrq (, . n I iB 1 E id 1 Ivy ,,-° 5[-31V±Sb31Ni I Sl 315 1 5 5 31 51 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 Wellfield Protection Area(ST/W-3) SURROUNDING: North: 21St Avenue SW,across which are single family homes;zoned RSF- 3, ST/W-3 East: 42"d 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: 21s'Avenue SW,across which are single family homes;zoned RSF- 3, ST/W-3 � KK� m --dr q_ r r III i1 a -. r tic e ,r � g, g w K • - 411 i\4 I 4_ ,..t--__„. , , ,. . mi . , ' Sub tillk. WCILOS i itte ` ' '444. rfai• ,,-'.. ' t''.4011111 It r `rte .8.r. - --,0 - , -- , - ‘., -',---c- . .)-r- - ...,, .4,,,ist ., ,. ..,t7.41, - --, , - ----- ,, -... , , , 1_, . - mil .4...4 4. 1. '.. ,, v....,". ' .. '* 4 ,. 4,17t , 4, V I` 4 �^ "S c i "Pe fir' 1 villa go„A; . ' " ;, 3 1 , Aerial CU-PL201 40001 61 0,Grace Place for Children and Families Page 3 of 9 December'0 2015 . -I r . . Vies to the east from 21"Avenue SW 4 ,r' Il , i. s 7 View to the south from 2151 Avenue SW . . j View to the west from 42nd 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, 21St 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 21st Avenue SW; and a third will be near the southeast property corner,along 42nd 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 identified in, Section 2-1193 of the Collier County Codes of Laws and, y a s an 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: FRED REISCHL, AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: RAYMD V. BELL • S, Zs-05NTINfilvrAliMER DATE ZONING DIVISION $ + MICHAEL P. 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D iq Q Z m alm mZ�O Z° Om� O �' JC A.. �j T m m N ;C m r tmn�+ ° ti m O D =z ° z A LII__._ _ yr r m< 1 Page 1 of 1 UIIIF %.uurny 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 City NAPLES State FL Zip 34116 Map No Strap No Section Township Range Acres *Estimated 4B22 321400 30 24B22 22 49 26 4.29 GOLDEN GATE UNIT 2 PART OF BLK 30, ALL LYING N OF U DESC, COMM AT S1/4 CNR, 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 Millage Area 0 20 Millage Rates 0 *Calculations Sub./Condo 321400 - GOLDEN GATE CITY UNIT 2 School Other Total Use Code 0 72 - PRIVATE SCHOOLS AND COLLEGES 5.48 6.9732 12.4532 Latest Sales History 2015 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $ 214,500 09/21/10 4607-2170 $ 1,100,000 (+) Improved Value $ 592,271 12/03/09 4536-3487 $ 0 - $ 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 1 P..4\ ttp://www.collierappraiser.com/main search/Recorddetail.html?Map---No&FolioNum=3 5... 11/3/2015 Detail by Entity Name Page 1 of 3 FLORIDA DEPARTMENT OF STATE DIVISION � 4�11014 0� CORPORATIONS ��.� 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?inq... 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 View image in PDF format http://search.sunbiz.org/Inquiry/C orporationS 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 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 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://s earch.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 11/3/2015 JOHNS SINCE 1946 -ENGINEERING 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. 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 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 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE LDC Section 10.08.00 &Code of Laws section 2-83—2-90 Chapter 3 C.1 of the Administrative Code PETITION NO (PL) PROJECT NAME To be completed by staff DATE PROCESSED ❑A CONDITIONAL USE TO BE HEARD BY THE PLANNING COMMISSION AND BOARD OF ZONING APPEALS ❑ A MINOR CONDITIONAL USE TO BE HEARD BY THE OFFICE OF THE HEARING EXAMINER APPLICANT CONTACT INFORMATION Name of Applicant(s): 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 addition agents sleet 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 @cyklawfirm.com 7/22/2015 Page 1 of 1 JOHNSON ENGINEERING Cotter 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 co L CT 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 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 .,,f,,, God -der County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 IASSOCIATIONS I 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: IPROPERTY INFORMATION I 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 Co 1 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 ADJACENT ZONING AND LAND USE Zoning Land Use N RSF-3 Single Family Residential S 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: ICONDITIONAL USE REQUEST DETAIL I 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)31, 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 oeI County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.coliiergov.net (239)252-2400 FAX:(239) 252-6358 IEVALUATION 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. SCE eT suet 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 Collie'r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coIliergov.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 ILEGAL DESCRIPTION I Section/Township/Range: 22 /49 /26 Lot: Block: 30 Subdivision: Golden Gate Unit 2 Plat Book: 5 Page#: 68 Property I.D. Number: 35753480007 Metes & Bounds Description: refer to boundary survey ITYPE OF SEWAGE DISPOSAL TO BE PROVIDED I Check applicable system: a. County Utility System n b. City Utility System ❑ FLORIDA GOVERNMENTAL UTILITY AUTHORITY c. Franchised Utility System n Provide Name: d. Package Treatment Plant n (GPD Capacity): 1.25 MGM e. Septic System ❑ ITYPE OF WATER SERVICE TO BE PROVIDED I a. County Utility System n b. City Utility System n FLORIDA GOVERNMENTAL UTILITY AUTHOR c. Franchised Utility System x PROVIDE NAME d. Private System (Well) U Total Population to be served: increase of student capacity from 164 to 258 _ Peak and Average Daily Demands: A. Water-Peak: 67 gpd Average Daily: 248 gpd B. Sewer-Peak: 677 gpd Average Daily: 248 gpd 9/25/2014 Page 7 of 13 +CoC e 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. 9/25/2014 Page 8 of 13 p 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 IRECORDING OF DEVELOPER COMMITMENTS I 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 er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 "' www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: 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 © _ ❑ Cover letter briefly explaining the project 16 © ❑ Pre-Application Notes 1 © ❑ Affidavit of Authorization,signed and notarized 2 © ❑ Completed Addressing Checklist 1 © ❑ Warranty Deed(s) 3 © ❑ Boundary Survey 3 © ❑ Conceptual Site Plan 24"X.36" plus(one 81/2 X 11 copy) 20 © ❑ Plans showing proposed location for utilities,if required ❑ © ❑ — Plans for screening and buffering the use with reference as to type,dimensions, ❑ ❑ CI and character,if required Plans showing the proposed landscaping and provisions for trees protected by ❑ ❑ CI 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 5 © ❑ boundary and,if vegetated, FLUCFCS Codes with legend included on aerial. Statement of utility provisions(with all required attachments&sketches) 1 © ❑ Environmental Data Requirements,pursuant to LDC section 3.08.00 3 ❑ 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 ❑ _ Traffic Impact Study(TIS)or waiver 7 © ❑ 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 © ❑ 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 Offer Count COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Planners:Indicate if the petition needs to be routed to the following additional reviewers: 1-j Executive Triangle Redevelopment: ❑ Emergency Management:Dan Summers;and/or Executive Director EMS:Artie Bay ❑ Conservancy of SWFL:Nichole Ryan ❑ Graphics:Mariam Ocheltree ❑ City of Naples:Robin Singer,Planning Director ❑ Utilities Engineering:Kris Van Lengen ❑ Parks and Recreation:Vicky Ahmad ❑ Immokalee Water/Sewer District: ❑ Other. ❑ School District(Residential Components):Amy Heartlock Communication Towers: ❑ Mosquito Control ❑ Collier County Airport Authority ❑ Naples Airport.Authority Commercial Mining: ❑ I Impact Fees FEE REQUIREMENTS:::. All checks payable to:Board of County Commissioners ▪Pre-Application Meeting:$500.00(to be credited towards the application fee if the application is filed within 9 months of pre-application meeting) J Conditional Use Application Fee:$4,000.00 o When filed with Rezone Petition:$1,500.00 o Additional fee for 5`h and subsequent reviews:20%of original fee I Fire Code Review Fee:$150.00 Comprehensive Planning Consistency Review:$300.00 • Environmental Data Requirements-EIS Packet (submittal determined at pre-application meeting): $2,500.00 I 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:$500.00 o Minor Study Review Fee:$750.00 o Major Study Review Fee:$1,500.00 Estimated Legal Advertising Fee for the Hearing Examiner or CCPC:$925.00 I Estimated.Legal Advertising Fee for the BZA,if required:$500.00 The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Division/Planning and Regulation ATTN:Business Center 2800 North Horseshoe Drive ------"� Naples,FL 34104 .7 7 'C Applicant Signature Da 9/25/2014 Page 11 of 13 Co CT Coway 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 Coirr 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 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(S) PL20140001610 DAVID A.TOSIASZ (print name),as CHIEF OPERATING 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 applicant / contract purchaser and that: 1. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize JOHNSON ENGINEERS O.INC and RICH YOVANOVICH and AGNOLI BARBER&BRJNDAGS,INC to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes. • If the applicant is a corporation, then it is usually executed by the corp.pres. or v.pres. • If the applicant is a Limited Liability Company(L.L.C.) or Limited Company(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 ated in it are true. f/C rf / f .0 00/3-- Signature ae STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to(or affirmed)and subscribed before me on — --t (date) by 14 at'Mk iCcS - (name of person providing oath or affirmation), as who is personally known to me or wl}al) produced (type of identification)as identification. ' STAMP/SEAL FFtt�� ,,�ry��at��gN,,M�/�t�� Signature Notary`Frubli 444;x''• b HELGA REINIScH * *MYOOINISSION#EE 847750 *;j EXPIRES;December 29,2016 "� fldP°F Bo* Met Notary Sorcia CP\08-COA-00115U 55 i--. REV 3124/14 24A )) Friday, November 20,2015 )) NAPLES DAILY NEWS PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, December 10, 2015, in the Hearirg Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104,to consider: 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. GREEN BLVD. ��• GOLDEN GATE ESTATES CHESHIRE ARMS UNIT 27 APTS. GOLDEN PROJECT GATE LOCATION 22 23 24 GOLDEN CITY VILLAS L\ (C.R.886) •OT GOLDEN GATE PARKWAY GOLDEN GATE ESTATES ASHLEY'S 0 UNIT 28 SERVICE STATION 0 O 27 26 25 ce w 0 U All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of the staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision cf certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101, Naples, Florida 34112-5356, (239)252- 8380, at least two days prior to the meeting. Mark Strain EXHIBIT Chief Hearing Examiner B Collier County, Florida a i2�1'�-lci No.800266 November 20.2015 HEX 12-10-2015 BD—PL20150001141 GATLIN BOAT DOCK Ann P. Jennejohn From: BeasleyRachel <RachelBeasley @colliergov.net> Sent: Monday, November 09, 2015 10:20 AM To: Minutes and Records Cc: JohnsonEric;Ann P.Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; Lang, Ashley; Neet, Virginia; Rodriguez, Wanda Subject: Gatlin Dock HEX Advertisement Attachments: Gatlin Dock Legal Advertisement Request.docx; Legal Advertisement Signature Page.pdf; Gatlin Dock(2X3) Map.pdf Good morning, Please advertise the Gatlin Dock petition attachments for the December 10, 2015, HEX hearing. Sincerely, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department—Planning & Regulation Telephone: 239.252.8202; Fax: 239.252.6483 CAM". Co4enty Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Monday, November 09, 2015 2:11 PM To: Minutes and Records Cc: JohnsonEric; BeasleyRachel Subject: RE: Gatlin Dock HEX Advertisement The title conforms to the one most recently approved by this office, the requested run date is correct, and the ad is otherwise good. OK to proceed. -Wanda Rodriguez, MCP .Advanced Certified Paralegal Office of the County Attorney (239)252-8400 From: BeasleyRachel Sent: Monday, November 09, 2015 10:20 AM To: Minutes and Records Cc: JohnsonEric; Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; LangAshley; NeetVirginia; RodriguezWanda Subject: Gatlin Dock HEX Advertisement Good morning, Please advertise the Gatlin Dock petition attachments for the December 10, 2015, HEX hearing. Sincerely, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department—Planning & Regulation Telephone: 239.252.8202; Fax: 239.252.6483 Co er Comity Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 November 09, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on November 20, 2015 and furnish proof of publication to the attention of Eric Johnson, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the fol$owinq on ALL Invoices: DIVISION:ZONING [Zoning Services Section) FUND&COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500161942 Account Number: 076397 Aut zed Designee signature for HEX Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,December 10, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104,to consider: 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida 1114 .....---ilif,...... CJJ O Ar �m'• rit 4t n X12 N 1 pi 11e10411 be Illi 111: �, o O � co 411 � °I o portifilL.71_ r' rn (S.R. 951) �- o I COLLIER BOULEVARD l o� W ici Acct #076397 November 9, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: BD-PL20150001141 (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) Friday, November 20, 2015 and send duplicate Affidavits of Publication, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500162858 November 9, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on November 20, 2015, and furnish proof of publication to the attention of Board Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} PURCHASE ORDER NUMBER: 4500162858 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,December 10, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104, to consider: 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. (insert map) All interested parties are invited to appear and be. heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida W O O C7 1 m d ♦ V I P P 1/0 I C t C7 co ilk 11 N i\r "IIIXO („ K m0 v, O O 00 4111 0"'" ri IA DJ n y O rn 1 (S.R. 951) zrat,,..,vA z ,O 1 COLLIER BOULEVARD w......................... 01. . i ex W or!) I Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, November 09, 2015 4:38 PM To: Naples Daily News Legals Subject: BD-PL20150001141 (Display w/MAP) Attachments: BD-PL20150001141.doc; BD-PL20150001141.doc; BD-PL20150001141.pdf Please advertise the attached notice (w/MAP) on Friday, November 20, 201-5 Thank you again. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept 1 Ann P. Jennejohn From: Gori,Ivonne <ivonne.gori @naplesnews.com> Sent: Monday, November 16, 2015 11:48 AM To: Ann P.Jennejohn Subject: 800225 Proof Attachments: N DN B800225.pdf Please find attached a proof for your review and approval. Thanks! Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori(c�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 NaPICS News N N m PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, December 10, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: 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. 0 30 29 w w 1 28 rn 8J ,I127 m R ,? : IF SHORES w C.C. I O it U ''..1 ISLE kFcII LOCATION S'� . MARCO �O id .� SHORES a- / id //,__ All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.800225 November 20.2015 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Monday, November 16, 2015 1:44 PM To: Ann P.Jennejohn Cc: BeasleyRachel;JohnsonEric Subject: RE: Petition BD-PL20150001141 (Gatlin Boat Dock Extension) Looks good here. 'Wanda Rodriguez, ACP Advanced Certified ParaCegaf Office of the County Attorney (239)252-8400 From: Ann P. Jennejohn [mailto:Ann.Jennejohn@@collierclerk.com] Sent: Monday, November 16, 2015 12:18 PM To: BeasleyRachel; JohnsonEric; Rod riguezWanda Subject: Petition BD-PL20150001141 (Gatlin Boat Dock Extension) Hello! The display notice For Petition 13D-PLZO1-S00011-41 (Gatlin Boat Dock Extension) that's running Friday, November loth, for the Decew<ber loth HEX Meeting is attacked for your review and Final approval. Please send me any necessary corrections or your approval a.s.a.p. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. From: Gori, Ivonne [mailto:ivonne.gori@inaDlesnews.com] Sent: Monday, November 16, 2015 11:48 AM To: Ann P. Jennejohn Subject: 800225 Proof Please find attached a proof for your review and approval. Thanks! Ann P. Jennejohn From: BeasleyRachel <RachelBeasley @colliergov.net> Sent: Monday, November 16, 2015 2:30 PM To: Ann P.Jennejohn Subject: RE: Petition BD-PL20150001141 (Gatlin Boat Dock Extension) Looks good From: Ann P. Jennejohn [mailto:Ann.Jennejohn @collierclerk.com] Sent: Monday, November 16, 2015 12:18 PM To: BeasleyRachel; JohnsonEric; RodriguezWanda Subject: Petition BD-PL20150001141 (Gatlin Boat Dock Extension) Hello! The display notice for Petition 13D-PLZO15OOO1141- (Gatlin Boat Dock Extension) that's running Friday, Novervtber 2.oth, for the December 10th HEX Meeting is attached for your review and final approval. Please send me any necessary corrections or your approval a.s.a.p. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County !Board Minutes & Records Dept. From: Gori, Ivonne [mailto:ivonne.gori @naplesnews.com] Sent: Monday, November 16, 2015 11:48 AM To: Ann P. Jennejohn Subject: 800225 Proof Please find attached a proof for your review and approval. Thanks! Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.ciori(cr�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 NIA ail News m Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, November 16, 2015 1:57 PM To: 'Gori,Ivonne' Subject: RE: 800225 Proof Looks great! Please publish this comivtg Friday, November 20th, 2015. Thavtk you. Avtvt Jevwtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustmevtt Board Collier Couvtty Board Mivtutes & Records Dept From: Gori, Ivonne [mailto:ivonne.gori@naplesnews.com] Sent: Monday, November 16, 2015 11:48 AM To: Ann P. Jennejohn Subject: 800225 Proof Please find attached a proof for your review and approval. Thanks! Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Nitptria BMW PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, December 10, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: 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. 16w 30 8 O9 o8 27 • K m MARCO • SHORES J J C.C. iOFCAPRI 'l �s PROJECT pi l LOCATION tar MARCO .1611W ` SHORES A All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner.will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.800225 November 20.2015 apLr Battu NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement;and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 800225 NOTICE OF PUBLIC HEA Pub Dates November 20,2015 � � �T (Sign of affiant) tbadbilorribrbrihribribroilbridIrO Sworn to and subscribed before me ■ 0.0•011. '1,••, IVONNE GOAT This Decembe 16,2015 �, Notary Public-State of Florida • ' •01•= Commission •FF 9001110 � r My Comm.Expires Jul 16.2019 nN�••, Boated through National Notary Assn. (Signatur of affiant) ' NAPLES DAILY NEWS 6 Friday,November 20,2015 If 25A PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING (.9 Notice is hereby given that a public hearing will be held by the Collier County Notice is hereby given that a public hearing will be held by the Collier County Hewing Notice Examiner given H Examiner(HEX)at 9:00 A.M.,on Thursday,December 10,2015,in the Hearing Z g (HEX)at 9:00 A.M.,on Thursday,December 10,2015, Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, FL 34104,to consider: Ce Room 609/610,Naples FL 34104,to consider; PETITION NO.PDI-PL20150000262-Emmanuel Evangelical Lutheran Church of Q Naples,Inc.requests an insubstantial change to Ordinance No.11-23,the Emmanuel PETITION NO. BD-PL20150001141 -Gregory Gatlin requests an 18.3 W foot boat dock extension over the maximum 20 feet allowed by Section Evangelical religious,sous,and comm of Naples,Inc. temporary eo, amended,sales add temporary = Y sports,ry uses,to community p events,and tm seasonal ire a cs accessory permitted 5.03.06 of the Land Development Code,for a total protrusion of 38.3 feet, accessory uses,to allow the permitted athletic flak)as an interim accessory use 0 to accommodate the expansion of an existing boat dock facility with one prior to construction of a permitted principal use,to add development standards for CD J boat slip for the benefit of Lot 191,Isles of Capri Unit No.2 subdivision,also the athletic field interim accessory use,to revise development standards for garden = m described as 172 W.Pago Pager Drive,in Section 32,Township 51 South, plots by removing the prohibition on on-site sales of produce and maximum number Range 26 East,Collier Courtly,Florida. of automobiles,and to delete an environmental development commitment.The subject property consists of 21.720 acres boated on the south side of Oil Well Road, O. �' F approximately one quarter mile west of Everglades Blvd.in Section 19,Township 48 C -b South,Range 28 East,Collier County,Florida g' = LL 1 rc 8-..0 - w 'g� pees l s- _ 1 Q V e PROJECT N °-�' i JjTON Li we al (/) All interested parties we invited to appear and be heard.All materials used -" sot,e. Nin presentation before the Hearing Examiner will become a permanent part c of the record. 0 N Copies of staff report are available one week prior to the hearing.The file can All interested parties are invited to appear and be heard. All materials used in be reviewed at the Collier County Growth Management Department,Zoning presentation before the Hearing Examiner will became a permanent part of the record. Division,Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. c Copies of staff report are available one week prior to the hearing. The file can be 0 The Hearing Examiner's decision becomes final on the date rendered. If a reviewed at the Collier County Growth Management Department,Zoning Division, U).. 'Q person decides to appeal any decision made by the Collier County Hearing Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. f C U O 'C Examiner'with respect to any matter considered at such meeting or hearing, The Hearing Examiner's decision becomes final on the date rendered. If a person CD C t) he will need a record of that proceeding,and for such purpose he may need decides to appeal any decision made by the Collin County Hearing Examiner with > o U to ensure that a verbatim record of the proceedings is made,which record respect to any matter considered at such meeting or hearing,he will need a record of 'ZS 0) 0) 0) includes the testimony and evidence upon which the appeal is to be based. that proceeding,and for such purpose he may need to ensure that a verbatim record Q < Cr) 0 of the proceedings is made,which record includes the testimony and evidence upon If you are a person with a disability who needs any accommodation in order which the appeal is t0 he based. to participate in this proceeding,you are entitled,at no cost to you,to the If you are a person with a disability who needs any accommodation in order to provision of certain assistance. Please contact the Collier County Facilities participate in this proceeding,you are entitled,at no cost to you,to the provision of Management Division located at 3335 Tamiami Trail East,Suite 101,Naples, certain assistance.Please contact the Collier County Facilities Management Division Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 341125356(239)252- 8380,at least two days prior to the meeting. Mark Strain, Mark Strain, ... Chief Hearing Examiner Chief Hearing Examiner Ir) Collier County,Florida Collier County,Florida N Ns.500225 November 202015 No e00242 November 20.2015 0) 'n K N PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE C•4 Q v Q NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING CO Z M Z Notice is hereby given that a public hearing will be held bythecnliercounty Hearing Examiner Notice is hereby given that a public hearing will be held by the Collier County Hearing (HEX)at site A.M.,on Thursday,December 10,2015,in the Hearing Examiner§Meeting Examiner(HD()at 9:00 A.M.,on Thursday,December 10,2015,in the Hearing L Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples, 0) PEZRION NO.SV-PL2015e001 a56-RaceTrac Petroleum,Inc.requests a variance from LOC FL 34104 to consider: -0 Section 5.05.05.C.4.b,which limits a facility with fuel pumps canopy to one corporate logo with E a maximum area of 12 square feet on the canopy face adjacent to a dedicated street,to instead PETITION NO.VA-PL20150001635-Evansburg Properties,(IC requests a variance allow three total corporate logos-one with a maximum area of 50 square feet on the canopy from Section 4.02.01 A.,Table 2.1,of the Land Development Code to reduce the front facade facing Davis Blvd.,one with a maximum area of 30 square feet on the canopy facade CD N Z facing Radio Road,and one with a maximum area of 30 square feet on the canopy facade facing yard principal structure setback line from 30 feet to 23 feet in order to replace and - CL southwest,which is not adjacent to a dedicated street;horn LDC Section 5.05.05.C.4.c,which enlarge the existing stairway to the front entrance of the dwelling unit on property E O H liens each facility with fuel pump site to one ground son with a maximum area of no square feet within the Residential Single-Family-3(RSF-3)zoning district,located on Lot 11,Block locates within a zoo square foot landscaped area,to instead allow two total ground signs on R,Conners Vanderbilt Beach Estates Unit No.3,also described as 332 Conner's l_ site-one 60 square foot gas price sign along the Davis Blvd.frontage,and one 60 square root Avenue,in Section 29,Township 48 South,Range 25 East,Collier County,Florida. Z 0) Iy Q gas price sign along the Radio Road frontage;from LDC Section 5.06.04 F.4,which limits single Avenue, CO N 0 occupancy parcels with double frontage on a public well eo-way to two total wall signs,each Cl) sign on a different facade to instead allow four total wall signs-ore on the northeast building yl Qv/ U 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 t0 cover a 104,141111 maximum of 46%of the window area,forms proposed Rac.Trac 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,Caller County,Florida.consisting of 3.585 acres. gal co. ,a: °°'°. �muwJ PROJECT Wt= TI0 'i \` �` L LOCATION y a ��ga doe j`Y' rr ® .%,� '®I e. 1 Al)interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. C. PROJECT tri O n LOCATION Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division, N _ 77T,ass" Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. PSI interested parties are Invited to appear and be heard.All materials used In presentation before the Hearing Examiner will become a permanent pan of the record. The Hearing Examiner's decision becomes final on the date rendered. If a person N Copies of staff report are available one week prior to the hearing.The file can be reviewed at decides to appeal any decision made by the Collier County Hearing Examiner w th the Collier county Growth Management Department zoning Division,zoning Services Section, respect to any matter considered at such meeting or hearing,he will need a record of !I,.. 2800 North Horseshoe Drive,Naples,FL. that proceeding,and for such purpose he may need to ensure that a verbatim record The Roaring Exartiner§decision becomes final on me data rendered.rc a dodoes to of the proceedings is made,which record includes the testimony and evidence upon person which the appeal is to be based. appeal any decision made by the Caner County Hearing to rendered. with reaped to any reaper PP wow* considered at such meeting or hearing,he will need a record of that proceeding,and for such + ■Il purpose he may need to ensure that a verbatim record of the proceedings is made,which record If you are a person with a disability who needs any accommodation in order to rN Includes the testimony and evidence upon which the appeal is robe based. participate in this proceeding,you are entitled,at no cost to you,to the provision of If are a parson with a disability who needs any accommodation in Omer to participate in this certain assistance.Please contact the Collier County Facilities Management Division „, proceeding,you are entitled,at no cost 10 you,to the provision of certain assistance.Please located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252- ! contact the Cdlier County Facilities Management Division located at 3335 Tamiami Trail East 6360,at least two days prior to the meeting. tri O Suite 101,Naples,Florida 34112-5356,(238)252-8380,at least two days prior to the meeting. Mark strain Mark Strain, Chief Hearing Examiner Chief Hearing Examiner 1� polio county.Florida Collier County,Florida ram >t t No 600251 Novombor 20 2014 No.500255 November 20 20t5 tam ®f LU 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 2 EXHIBIT Page 1 of 9 December 10,2015 12-10--15 0,440•44,474,sv 44,/, ,4 # ,,, ,_ VA 14 A* 4V 4., :> /*4-4t 1 cn � adk ®A4*. !p04-* QQ i 1 ae m faiV,OQ ®4 ' ∎ ©l© 0.44 0-.io i P. i Klim ez 14 : "‘O. .'"'-. $ t a 1 Mai WI R 2 A_ e- u O f ® It.F® ,l la Me IN N 1®` c o ®- n _ g Z z O >Q ._ F As ; >3 c S er m 0 3b OJ �� ® fie 813® Ittite 444141, s' 0 THOS 01 iON CO 4t z 17 r SA ,r; Di 1 ii y MN i E it,i 1' 1 S ' ' a s ti _ 1 L.L. ,, ,, ,„A"'''''pttp .4:: ' , 41 1 N____23 IMIL‘...1,7„--.4:: 2 QWn3Niae M3nx� •••��.� Z '.. , IN\ Ill — ' r,.„-,-....„ r _ ., L.,. I J .. __,,,_,_., ik n ff w Eg c%; iiit,4Alt A i-- I. a 7 iW 11) * 4to, :it IN ■ AdiVin 1111111111. 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 BD-PL20150001141 I ' t4 r o f 'p a lift - 4 r l� • , W .mow -�,ss A . , „ 4 sue, f.: .... .$ f ` -^ d . ad ks r I I�. F g a , Aerial(County GIS) BD-PL20150001141 Gatlin Dock Page 3 of 9 December 10,2015 " R :01. ot .. _ - ,:. ,t) ,r,z, . - r 1., a., ,.. 4 , y^ ',. . ---- r .,.,.. ,...,,, , ,,,,:..., 1 2 ^J.I'ago 1,�c; fir illki, , • w 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 staff's 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: grila' C:>(al ' Ll it--/ / t I . ERIC L. JOHNSO ' • CP, CFM PRINCIPAL PLANNER DATE GROWTH MANAG ENT DIVISION REVIEWED BY: -- )5-1 Ade - r h 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 DE:IvE NAPLES, FLORIDA 34113 NOVEMBER 16, 2015 1 r Prepared by: Turrell, Hall &Associates, Inc. 3584 Exchange Ave., Suite B Naples, FL 34104 (239) 643-0166 REVISED BIDE APPLICATION 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 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION APPLICATION AND SUBMITTAL INSTRUCTIONS LDC 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 r County COLUER 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 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 aty: Naples State: FL zip: 34104 Telephone: 239-643-0166 Cell: Fax: 239-643-6632 E-Mail Address: Leff @turrell-associates.com PROPERTY LOCATION Section/Township/Range: 32 /51 /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 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 N RSF-4 Right 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 existing dock on the landward side of boat IC(114.8 sq.ft)will remain In piece.The proposed work includes removing the existing finger pier(90 sq.ft)on the water ward side of the boat WI and Installing a new finger pier(235.1 sq.ft.)In its place at a lower elevation(elevagon 1.42 NAW).The added finger pier will coated to the existing dodo with proposed access through the addition of stairs as shown In drawings.The toter proposed square footage of the over water ebudure is 349.9 sq.ft. SITE INFORMATION 1. Waterway Width: 300 ft. Measurement from❑plat ❑survey ®visual estimate ❑ 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 to the southwest of the property have existing docks and the lots to the northeast of the adjacent vacant lots have existing dodos 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. 6/3/2014 Page 3 of 7 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 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 unbrldged 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 (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.) 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 facility 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 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.) 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 kettle 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'clearance to adjacent vacant lot.The length of the neighboring vessel is approximately 30'. 5rcontY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coiliergov.net (239)252-2400 FAX:(239)252-6358 SECONDARY CRITERIA 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 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.) 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 facility 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 LDC 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 facility and therefore not subject to Manatee Protection Requirements. 9A9ty 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 El 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 ❑ ❑ 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 r 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: "I Executive Triangle Redevelopment: ❑ Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet f—Addressing:Annis Moxam ❑ Graphics: Mariam Ocheltree ❑ City of Naples:Robin Singer,Planning Director ❑ Historical Review ❑ Comprehensive Planning:See Pre-Application Meeting Sign-In Sheet ❑ Immokalee Water/Sewer District: ❑ Conservancy of SWFL:Nichole Ryan ❑ Parks and Recreation:Vicky Ahmad ❑ County Attorney's Office:Heidi Ashton-Cicko ❑ Transportation Pathways:Stacey Revay "' Emergency Management:Dan Summers;and/or 1-1 School District(Residential Components):Amy EMS:Artie Bay Heartlock ❑ Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky ❑ Other: ❑ Utilities Engineering:Kris VanLengen FEE REQUIREMENTS: ❑ Boat Dock Extension Petition:$1,500.00 C' 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. apl*Mined W MiW Palo. en.A,otee.Palo..9-Tuna, &Amdahl%ie.v 10-23-20'15 D.are ta S oete:eotom ts7itt 4107 "U Signature of Petitioner or Agent Date 6/3/2014 Page 7 of 7 AFFIDAVIT OF AUTHORIZATION ■ ■ FOR PETITION NUMBERS(S) 'f,c,2 C t 2_c215f)00 l l L. i i, Y r✓ -•-lvff�I 1-/ (print name), as 4 C� it (—l�Z. title, if applicable) of company, If a licable),swear or affirm under oath,that I am the(choose one)ownerJapplicantncontract purchasernand that: 1. I have fill 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. ie� (�wa{s 5. Well authorize 1 Li"IZ.[LL, /4-4-4 4,d ,4t 7.4/l 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.pies. • 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, I declare that I have read the foregoing Affidavit of Authorization and that the facts din it are true. �r ksignature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument m to(or affirmed) and subscribed before me on / S T0leri(date) by t9LQ ?kt7' ' ./ "h (name of person providing oath or affi ation), as ter-. �r who is personally known to me or who has_produced R...P2._(type of i e fication) as identification. y J y r/_. . . r1//GG [/ ,`S? 'r�iL�STAMP/ EA p K Signature of Notary Public Maury PutAle NaN M imp Ilsaiscky siaa Dee 11,201:; CASS-C'OA-0011:5U 55 REV 3/24/14 ADDRESSING CHECKLIST 4UY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collierRov.net (239)252-2400 FAX (239)252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing©colliergor,net 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 stoned • ••:t-ssi ;,c• nel • •• ••;•.-, ' u �- . • • :_.<.- = • 3 da c•r •1. Lt 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. sae, 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 Am endment) 0 Carnival/Circus Permit ❑ SDPI(Insubstantial Change to SDP) 0 CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat a SNR(Street Name Change) 0 LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans 8 Plat Review) 0 VA(Variance) ❑ PS?(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) Isles ofCa•ri NO2 Lot 191 FOLIO(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 onlyfor unpiatted properties) PROPOSED PROJECT NAME(if applicable) Gatlin Dock PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing pro)ectslsttes only) SDP - or AR or PL# COIL County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coiliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for,or already appearing in,condominium documents(if appication; indicate whether proposed or existing) Gatlin Dock Please Return Approved Checklist By: ❑ Email ❑ Fax ❑ Personally picked t Applicant Name: Jeff Rogers Phone: 239-643-0166 Email/Fax:Jeff a@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. FOR STAFF USE ONLY Folio Number 52392280007 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: o., Date: 5-15-2015 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED famivaimmi REVISED AFFIDAVIT OF AUTHORIZATION AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S)_ by— P L. .ZO(SOUL I i`-j _ ( ar,►1-l iv) (print name),as r la _(title,if applicable)of r1 j c.. (company, If ,•Iicable), swear or affirm under oath,that I am the(choose one)owner( applicantrntract purchase :and that 1. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County In accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize TurralLitoill•r-ikiregifektc.Lrt e.f Jt Qerc( to act as our/my representative in any matters regardin thia petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then ft is usually executed by the corp.pros or v:pre& • If the applicant is a Linked Liability Company(LL C.)or Limited Company(L.C.), then the documents should typically be signed by the Company's'Managing Member.' • if the applicant is a partnership,then typically a partner can sign on behalf of the partnersh* • 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 applicants status, e.g., Individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penaltisa of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facto stated In It are true. 4,7112., Signature Date • STATE OF " ,cr1 COUNTY OF The foregoing Instrument was sworn to(or affirmed)and subscribed before me on � I (c. (date)by fa y e- Glatt t n (name of person providing oath or rmatl9n), as n c‘ who is personalty known to me or e;.- produced 11 (type of identification)as identification. Amid;0#11111° STAMP/SEAL Signet El;Notary Public WESLEY J.SIMPSON Notary Public Q'tS-COA-0S113155 , State Large Ray 3/24/14 4 My Commission Expires Apr 25,2018 REVISED ENVIRONMENTAL EXHIBITS for, I al (0 , I454 —.... 11j 2 ' _1 ■ 4,:kw . .. .% 4 - i O. 9, ‘• : ..,.., ,.! sr iiii < 111911111 f2 ,s... , 0 ' 1 D a clf,- L U Mgg % Itl 0 i I I Y 1./ ,....?...4.:'_.-.# 0 L t2 2 0 ■F,'''-. 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O M 0 n 8 g 8 i f '- g W < z — i? --- t,,, U ox.., /r 0 cr ' Q W f, N. ,----- Z 1, y In. 4 4 N *It \00.. .,,,•‘ '53 Ai. 1. ^ lii,.'4. lik : iId 44 i ..meeessmetsaeeoseumemsmr:jlLilllr / p11611-gatim docklCAMSHEE"IPEU MIT-$TATEli 61 13TATE dm;MEMOS WATERWAY, SUBMERGED RESOURCE SURVEY GATLIN DOCK 172 PAGO PAGO DRIVE WEST NAPLES, FL 34145 SUBMERGED RESOURCE SURVEY JULY 2015 PREPARED BY: r' ae 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. • Turrell, 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. 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 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 Common Name Scientific Name Mangrove Snapper Lu janus 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 sUOMERGEO RESOURCE SURVEY JUNE 2015 ,•••■ /SR* . -* t Sand and shell hash substrate /.-.. Page 4 of 4 1 , . ,,,, i.., z.,,,—,,,...:AiiN:,,,,00.-4... I ,-14.40,!zooi:4,74 ...1. A 1 k(J,,,,.k.t.VIA;„VkiS,M, 1 vt.‘*'.':*-4'.. Ix,.-4-4e"*v.,ok,...ii,;.A. i , -, ,„, .,......k.v.44,4•..A.,. .--- ,,„ ,, . ,•,... i :•.:---7.,-.-1. Witt,..kk,4%ks4.. ,•.i..= ; T.1 CLI - - :,,,--94,-- .', ...:. .- ,..._ , 4.' -' '' ''.itf iag-A.- f -...-.'" ,),,7. '.4. Z' , .- '... -" t 5 .,..1..t.<1,!.pw,-..-1 1..„,,, - i -..t... -,.t:''-‘4 4; -s, . . Irl. i .------ .. ow - ,,.. : •-...„...:. ....4 1, ., 11111 ' :-)..S7 , k 1.,44, 14, 1- in - csk)...,,,, .-441 -q 41 'call -. . ,_,4 nt,i,. i •'- r --,---. Itg i *fr •t.,. 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Is le g ( -- 4 i I .41, ,-„,..„,,,,t,.,.,,, ,,t-, ril 14 - ,..1 1 4 .,., N jJ XIII . 0.,E x 1 .., .,,, • ilirmor odlitlipa.64agitaffripfteronnimsteurksuess ems s i le1011 SPECIAL TREATMENT PERMIT 1 IP° Ceounty Frick',July 31,2016 GREGORY&.RNETGATL.IN 172 W PAGO PAW DR NAPLES,FL 34113 RE: Special Treatment Permit Na PL20150001638 Property ID#62392280007 To Whom It May Concern: Your request for a special treatment(ST)dsyebpmerrt permit for the ebow referanoed property has been adrnilstatratlaaly approved pursuant to section 4.02.14 rod 2.03.07.D of the Collier County Lead Deseopment Code(WC).The attached ate plan IdertAlf es site aiterntlans authorized by this permit. The blowing a6pulations shell apply: 1. Prior to Issuance of a cartllcate of occupancy(CO)all prohibited ercotic matador,as defined In Division 3,06.08 LDC,shed be rammed torn the property. /—■ 2. Permits or letters of exemption tom the Florida Department of Er+i onmental Protection and the U.S.Army Corps of Engineers obtained if you haul any questions reputing this matter,please feel tee to contact me at Phones (239)-252-2407 or dmidenlhogyecollerSoKret. Sincerely, _ r Anthony Senior Enl*otenerit • abet Ernirorxnentat Reim Section Grroth Mea agOment Department G PL2015000163813b Clark Turner,2565 Shunrd Oak Bind,Roam 370-0,Tallahassee,FL 323093000 STATE AND FEDERAL PERMITS FLORIDA DEPARTMENT OF RICK SCOTT 4-4'ifr:T4 " � ° ENVIRONMENTAL PROTECTION GOVERNOR CARLOS LOPEZ-CANTERA _ South District Office A ` O r 4 P.O.Box 2549 LT.GOVERNOR Fort Myers,FL 33902-2549 SouthDistrict@dep.statefi.us JONATHAN P.STEVERSON SECRETARY VIA ELECTRONIC MAIL April 27,2015 Gregory Gatlin c/o Turell,Hall&Associates 3584 Exchange Ave Naples FL 34104 kasten®turrell-associates.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 letter 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 www.dep.stcue.fus File Name: Gregory Gatlin FDEP File No.: 11-0146411-002 Page 2 of 6 the need to obtain a regulatory permit under part W 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 levels 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 navigational 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 624.242(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:/J www.flrules.org/Gateway/reference.asp?No=Ref-0253,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(https:I/www.flrules.org/Gateway/reference.asp?No=Ref-02531). File Name: Gregory Gatlin FDEP File No.: 11-0146411-002 Page 3 of 6 3.When performed in waters accessible to federally-or state-listed aquatic species,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(888)404-3922 and ImperiledSpecies @ myFWC.com.Copies of incorporated materials identified above may be obtained from the Agency, as described in subsection 62- 330.010(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 http://www.saj.usace.army.mil/Divisions/Regulatory/sourcebook.htm 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 ^ Page 4 of 6 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 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,including 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 28-106.205,F.A.C. Extension of Time Under Rule 62-110.106(4),F.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 6 of 6 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,M.S. 35,Tallahassee,Florida 32399-3000;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 raan.snyder@dep.state.fl.us When referring to this project, please reference the file number listed above. Executed in Lee,Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTEC HON Sincerely, der Environmental Specialist III Submerged Lands and Environmental Resources Program South District Attachments: 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 FILED, on this date,pursuant to Section 120.52(7),F.S.,with the designated Department clerk,receipt of which is hereby acknowledged. -rY1 Oiu V Wia s--z April 27, 2015 Clerk Date SPECIAL CONDITIONS FOR USE OF THE SPGP IV-R1 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-R1 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 SiteFile@dos.state.fl.us . The Applicant/Permittee can also research sites in the National Register Information System (NRIS).Information can be found at h ttp://www.cr.nps.gov/nr/research/. If, 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-R1 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 htip://www.saj.usace.army.mil/Divisions/Regulatory/sourcebook.htm) 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.htm) 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: http://www.saj.usace.army.mil/Divisions/Regulatory/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 http://www.saj.usace.army.mil/DivisionslRegulatory/sourcebook.htm)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 U.S. Fish and Wildlife Service's "National Bald Eagle Management Guidelines," dated May 2007 (see http://www.fws.gov/northflorida/BaldEaglesl 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 IV-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 IV-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-RI 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: ca einsbrii,aae-:, 56 Alfred A.Pantano,jr. Colonel,U.S.Army District Engineer ATTACHMENT A 62-330.051 Exempt Activities. The activities meeting the limitations and restrictions below arc exempt from permitting. However, if located in, on, or over state- owned submerged lands,they arc 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)(b),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)(b),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 dock 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 length along the shoreline,in which case there may be one exempt dock allowed per parcel or lot. Rulemaking Authority 373.026(7), 373.043, 373.4131, 3734145, 403.805(1) FS. Law Implemented 373.406, 373.4131, 373.4145, 373.415, 403.813(1)FS.History-New 10-1-13. l'- 'a i _ r" y�y "' ivie Prniallit a *Cr -.: ;-1#';',•e„, ---.: , ,.► ` "* OC r N.—,j :. ., QQQQO a t'' `i ' L .4'1' . ;I L ' ' 0 '' L',:" % r; '. 7. . i X af° . +. i E • 1111 t , Y 7, . # 4 , ,. ik_ ..,--:-.i.,, k.-- --; _ : : . ,. 0 ll 1 o lb, 01 fel C) : ' 2 z o [ A-;..,.. .i - ' its i[ 1- LI. Z 0 ti 0 g, Nil_ , .18g la t„ r. Flu _ iti,g flei P o 0 IN EMS l(j, .' R iiii Egi 0 i ts pRiv la irli 6 11 ,i.- ° Xis I ,eft, ' Si �? dM1 lauisiCl t�iar�S 5Loz 'V i!�dV Q3A13,33i �� L.R1�loft doclat 1011N�11 isi irral�sturD.Ed.o Law= /IOM • swfanr tOIL021 i11oo ■wru.wnu., r ----' i `"' RECEIVED April 14. 2015 S'ufh District DF.P ti i rid _. + m F4 ,f5 .... 5t, xr.: 1). 11 o ifs ER' 6 g. 4, 6. , W '. 6. 0 03 , el v 0) 0 . j D 8 1 -� goal% e 1 "'1 X 7:1 I <<' xi 1 cn 2 — 1:� f co °) Z 1•'• i � � I 8 � 0 0 0 0 te I I o .58' • ao X I I .! r I i it' i iiiit � N w 11181 11111 - , aaaaa N _ gg 0 rt 1' .‘ N * P 3111 4 30 30 3! 143LVIlltiLliMr fildLLaOtivati P..1041. 10 ,' RECEIVED April 14, 2015 South District DEP 1.4i r .S V II ti lVt. Y i ri ii i g g i C13 .,,.% . a x 0 II g h 0 1 v; % • Er IN \...1. 81 — 4—. t:\ IR PS 1 Pe ,I 1 at 9 ,,,,.. , ., , lief ' i g 0.4 '1**** k...,, ,, t. 9, . \•.1> 'lir-- 7 1 '''' - -2-%‘':\N-'•;-',,,,,,-....‘le•‘;s: vit....40,■ ; _.., „3/4,.. .. . , , . ... ...... , __ . .,. .., 0 � y; 213 z Si i • x 0 4h. Er 4 , , 1 "r s„.,, mo° °',, ) ,,, , $ ,'- 0 illiiiimmimilliMilimmasolW • . P 0 W --.../ - 04 li\ 4:0 x 44104.,,,. IP" iIIIii m ; iii 5. liliv 1111,01! a ga iMill 1144 ill Ail 1 III ‘\) 1 ...•°""g":*\ il MI I 3 ii a I a en --:);: i z -0 i ,i, to xi r t '— l k:'11.'1'.'.:1'..*:::''' -...' RECEIVED April 14, 2015 ' ,., al.. .LL,�",.." � «. i � ,trod DEP ---�� b 4 a . . x�Yl if,, z 5 \\ PP z1 _v x A il. L.,.... §/ , ,e , ,‘, .t ,f I ,, x 0 ,,, . ... .4 i A lito. g \, ,' ., . , L., . '; t / \ t----, > 1:,,, - , ' V, cl HI . 1„, ,,,,,,,1 : am . _ , , t Ill 11- O OL `k,• J °' '> Oi ;:f ' /-- .,,. ' . . IN \ 'r" � m N'.., � U \*) W ;',, , -r" 'nh ...t'...._.. • fA 3 tai Iii1J1 i� a it liii 1111, !11ii 1115 1 I 11111 1 \\I t..■..er...---g----) tp..34 ri I z T7 XI 4 -' C 1 _. ..__ r..r�e RECEIVEDApril 14, 2015 roam ii�9.4 .t4ti.��.,. _ ummill il4.0,,i ty V ' ,...1 ,, 'outh District DEP � _� J � , ` s y ` ^s. r�` .. \`,'... ., if IN . ,,, , ,, . , .„,, , .. . ,,,. , . ,.._ —_. ., li PPE . , . \\'‘. .., . .. . ... . 4====.1 ,, , _ e P 'A F4 „. 4 l'i g i -65 iliNi z ...,,., , ;I:..i r- moo ._. Z • <k: } -.s. > ,. :g. r '- ' 404 • " mil . �.Pir xm ,,, ,.._ . ill a g MI s ilb., , , . D ' o4 . .,.,..._,...„_. ..,.. . A 0 0 tr.,-1 4 z. r.M g \ \ 0 X . Ga i8 ,., . x —1 1 -:,,,,i11:11 83.0::.1:;1111 Q 0 LI 11111 1111r li :iiii //ciiiiiill 4 a tJjij JI1JJiI• . 1 a \::71: Nt ' 111 0 4 Ij '' _ SURVEY tow 0 wive CA- = CENIERUNE BM = BENCHMARK LEGEND NGVD = NATIONAL GEODETIC RIP = RADIUS POINT 13 = CONCRETE MONUMENT C = CHORD VERTICAL DATUM OF 1929 R/W = RIGHT OF WAY A = DELTA CB = CHORD BEARING (UNLESS OTHERWISE NOTED) SCR = SCREEN -x- = FENCE CL = CHAIN UNK NAT = NAIL & TAB SEC = SECTION 0 = FOUND IRON CM = CONCRETE MONUMENT OH = OVERHEAD SW = S$EWALK +/ = MORE OR LESS CONC = CONCRETE P = PLAT SS = SANITARY SEWER - NOT TO SCALE COR = CORNER PC = POINT OF CURVATURE T = TOWNSHIP -P- = POWER UNE D - DEED PCP = PERMANENT CONTROL PONT TBM = TEMPORARY BENCHMARK 0 = SET IRON (5/8 DE = DRAINAGE EASEMENT P1 = POINT OF INTERSECTION CTV = CABLE TELEVISION REBAR WIN CAPS) DH = DRILL HOLE PLS = PROFESSIONAL LAND SURVEYOR TV = TELEVISION -T- = TELEPHONE UNE DR = DRAINAGE POB = POINT OF BEGINNING U/G - UNDERGROUND / / ..-1= ARC DW = DRIVE WAY POC = POINT OF COMMENCEMENT UE = UTILITY EASEMENT `O AC = AIR COND1110NER EL = ELEVATION pp = POWER POLE UTY - UTILITY APP = APPROXIMATE E T = EASEMENT PRM = PERMANENT REFERENCE MONUMENT WD = WOOD .i ASPH = ASPHALT FFE = FINISHED FLOOR ELEVATION pT = POINT OF TANGANT WA = WITNESS MONUMENT BHD = BULKHEAD FND = FOUND PVMT = PAVEMENT XFMR = TRANSFORMER \ �Ci. BLDG = BUILDING GW = GUY WIRE R = RADIUS OR RANG BLG - BLOCK M = MEASURED REC = RECORD s MHW - MEAN HIGH WATER FND 1- O' / PIPE fr�tt ``-- ,...,....„....„.„.....4..---- TBM / N EL=4.68 EQ sSl ` I,/''©61Qt FND P G �1$ l4) o �P),/ Shay /i•i 0 — $5n 5L t ..'111 -j°. v-3 0_5'1: z�3 �,C111C11, /' `111 . c �, C/' �,�� , SEPTIC 9290 -O PIPE 1" ;� i MUL11-FLOW '! f-y2 C�. \�11�1�, LOT 191 103 ✓ LOT 190 / / ROD NO ID \11 ,.) III 3. t` , `5 •�•oVI a II: s-‘4,5. . m ....., 1�i ' 11■��1` '` 1►�1ICS!' ' Vt•W W1 o "..: p `� (...1‘. ! """ ti ' fY.. •1... :1.;%3 p LOT 192 , ��\5 Ns\•• y o Fc1"c. 3 , \. , $ moo #TawA : `. �,� d ,/ rOP of .'fit' 11I.�" CAP EL.= 5.42' O. 'S E �.*'.. •••M�Nrv. $AP' *0 .MIS /A+Ai 5a � �� s " �' MARLIN BAY TOP OF STATE OF FLORIDA) OAP EL= 5,40' COUNTY OF COLLIER) I, 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 Title Insurance Fund, Inc. and to Wayne & Kathleen Wielgos that the foregoing plat represents a survey of the following described premises: LOT 191, ISLES OF CAPRI UNIT 2, as recorded in Plat Book 3, Page 46 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 as per Chapter 61017-6 Florida Administrative Code, pursuan 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 has been made to locate footers beneath the surface. Street Address is Pogo Pago Drive, Naples, Fl. Bearings conform to Plat Book 3, Page 46 Elevations are N.G.V.D. run in from BM COL-18 Property is in Flood Zone "AE" 100—year flood elevation is 11.0' I REVISIONS ( BOUNDARY SURVEY PREPARED FOR FB 1093/42 15125.DWG Bu-53 8U-68 BU-72 D-2 (L-t) CHRIS MIDDLEBROOK ----°4_, FB 1101/68 REVISED AUG.25. 1998 TO SHOW NEW SEA-WALL POR''ELLA—ROWI; ASSOCIATES, INC. LB #5129 FB 1113/34 REVISED 11/12/98 TO SHOW STEM-WALL LOCATION. 34112 REVISED FEB.1, 1999 TO SHOW FOUNDATION SURVEY 2384 LINWOOD AVE. NAPLES, FL. Dennis M.;Portella, Sr. PLS #4504 SCALE: 1°= 20' DATE: SEPTEMBER 29,1999 Not valid knless signed and sealed FB 1118/51 with embossed seal. - REVISED 9,29/99 TO SHOW FINAL SURVEY 1127/35 0-4 (941) 775-6511 7,4*-; Coffier 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 city: Naples state: FL zip: 34113 Applicant: Turrell, Hall & Associates, Inc. Agent Name: Jeff Rogers Phone: (239) 643-0166 3584 Exchange Ave # B city: Naples Zip: 34 104 Agent/Firm Address: State: FL Property Owner: Greg & Janet Gatlin Please provide the following,if applicable: 1. Total Acreage: 0.18 ii. Proposed#of Residential Units: n/a iii. 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 191 Plat Book 3, Page 46 Rev 411115 . Cot[ler County ~- Pre-Application Meeting Sign-ln Sheet pL#:_ Collier County Contact Information: . ' Name ��mm�0��Qme Phone Email L� Richard En�,onmenta/ne�ew �s2-J*8] richa,dandenvn@»co||iergov.net O David Anthony ' Environmental Review 252`2497 davidaothony@coUierg»v'net U SmmmerAraque Environmental Review 253-6290 summe,bnmvnaraque@»coUiergow.net u ste,eBa|uch Transportation Planning 252'2361 3tephenma|ucx@co|Ue,gov.net U Madelin Bunster Architectural Review 252-8523 made|inbunsten@omUe,govna U Mark Burtchin ROW Permitting 252'5165 ma,kburtzhin@oou||ie,gox'net O George Cascio Utility Billing 252'5543 gen,geca,do@co||iprgnv.net [] Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heidiashtno@:u|Uemgovoet O Sue Faulkner Comprehensive Planning 252-5715 suefau|kner@cn||ie,yuv.oet U Eric Fey P.E. Utility Plan Review 252-243* ericfey@od<iengn,.net U Paula Fleishman Impact Fee Administration 252-2924 pav|afleiohman@ocp||iergov.n,t ,~-.. O Michael Gibbons Structural/Residential Plan Review 253'2426 michae|gibbons@pcoUiergov.net O Nancy Gvnd|ach'mCp'put Zoning Services 252'2484 nancygundlach@colliergov.net O 5harMing^on East Naples Fire District 687-5650 shingson@ccfco.org U John Houldsworth � Engineering _ 252'5757 johnhouldsworth@colliergov.net O Jodi Hughes Transportation Pathways 252'5744 jodihughes@colliergov.net O Alicia Humphries Right-Of-Way Permitting 252J3I6 a|iciahvmphhes@coU|erKn,oet O Marcia Kendall Comprehensive Planning 252'2387 maociakenda||@uoUiw,mov.net O d P.E. stpphenLenbarger Transportation Planning Environmental Review 252-5849 eedjomi@cv||ip,gov.net 252'2915 stevelenberger@colliergov.net O Paulo Martins Utilities 252'4285 , paulomartins@colliergov.net O Thomas Mastroberto Fire Safety 252'7348 Thomasmastroberto@colliergov.net O Jack McKenna,P.E. Engineering Services I52'2911 jackmckenna@colliergov.net O Matt McLean, P.E. Principal Project Manager 252'8279 mauhewmdean@pco|Uergnv.nwt O Gilbert Moncivaiz Utility Impact Fees 2524215 gilbertmoncivaiz@colliergov.net O Michele Mosca,AICP Impact Fee Administration 252'2466 miche!emosoa@co||iergov.net O Annis Moxam Addressing 252'5519 annismoxam@colliergov.net U Mariam Ocheitr e Graphics 252-2315 manamochv|tree@co|iarKovnet O Brandy Otero Transit 252-5859 brandyotero@coUiergov.nse O Bill Pancake North Naples Fire District 252'2310 b|||pancake@u,||ier8ov.net O John Podczerwinsky Transportation Planning 252'58e0 johnpodoemvinsky@qoliier8ov.net . �--, Collier County ,--... ,..,..,_ C Brandi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net 5Zr Fred Reischl,AICP Zoning Services 252-4211 fredreischl@colfiergov.net O Brett Rosenblum,P.E. Stormwater Plan Review 252-2905 brettrosenblum@colliergov.net O Michael Sawyer Zoning Services 252-2926 michaelsawyer@colliergov.net O Corby Schmidt,AICP ' Comprehensive Planning 252-2944 corbyschimidt@colliergov.net E Chris Scott,AICP Planning and Zoning 252-2460 chrisscott@colliergov.net _ O Daniel Smith,AICP Landscape Review 252-4312 danielsmith@colliergov.net Scott Stone Assistant County Attorney 252-8400 scottstone@coffiergov.net o Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net . ... O Carolina Valera Comprehensive Planning 252-8498 carolinavalera@colliergov.net O Kris VanLengen Utility Planning 252-5366 krisvanlengen@colliergov.net O Jon Wash Building Review 252-2962 janathanwalsh@colliergov.net E David Weeks,MCP Future Land Use Consistency 252-2306 davidweeks@colliergov.net O Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net D Christine Willoughby Planning and Zoning 252-5748 ChristineWilloughby@colliergov.net ..---.„ Additional Attendee Contact Information: . _ Name Representing — Phone Email i — 60C \T-Dtt1000 -2 v A)i Ail; sirceS Aq 3) Rzic. -To itil)Ca e epatetcroa.Ape. c...", "-----" A atl ( 75eck ski 7-3,4 c■•■ 1101- rck LI,c,t s 1 e Li() c4 o rci--1.---- 2y - , r ,--- --- I. 1-: . A., le - - , ' - '1'1°5 . c...-1 e. — )ti.Iti)e -Pc-N-0- 3 lufrcti ii -0,1 ° iisCCI Cit i --'01Pa An ei ie @tu-D-rti["aSS0c;ck4s, c,_ [ ' . . _ .....--. Rev 4/1/15 Comer County �:� ':,.;,,.•+�gym:, COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colfiergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: ❑ Dock Extension 7 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 Q r ❑ Signed and Sealed Survey ® ❑"y ❑ 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 Completed Addressing Checklist 1 Li ❑ 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 ti..I(1 er County �� caaC' tatr"`rt 7 r�"es 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 ❑ i Addressing:Annis Moxam ❑ Graphics:Mariam Ocheltree _ ❑ City of Naples:Robin Singer,Planning Director ❑ Historical Review ❑ Comprehensive Planning:See Pre-Application Meeting Sign-In Sheet ❑ Immokalee Water/Sewer District: ❑ Conservancy of SWFL:Nichole Ryan ❑ Parks and Recreation:Vicky Ahmed ❑ County Attorney's Office:Heidi Ashton-Gcko ❑ Transportation Pathways:Stacey Revay ❑ Emergency Management Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlock ❑ Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky ❑ Other: ❑ Utilities Engineering:Kris VanLengen FEE REQUIREMENTS: 0 Boat Dock Extension Petition:$1,500.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 C 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 e1" Qunty Meeting Notes -•k 15717 /91-ock ey ± ' j .. „Ctl tut-h it a e •. AAP l a 1, Id! �". .. P /..* '�_:.. ..�:!.. _ AL_ -t,t /so 1c.ied --5-0 4. A..- E ae- t£, t ipn-t ota, / ip el) Sinv T .tetzt&2 2/ pt, Arki,1., APR y Lr..c�i '..�t ? i�1�t Q _ t S' Ales) / . I dEzip,tio -, / Rev 411115 1 1 $, W t W I ']�� i 1� Z1 rt, '3 d. � R0 g i e. n co 6 t l �a4r F O c 0 9 , 000 11141 L Y z h: 0 EE 7.7 k 0 Y O 0 2 ...U Z iii ▪ Q io ▪ Q ., . ,.. . ....„--. 4 � 2i," ... ..,., g U a s gi,, ,i, •g ,,, 1 i''' Di dg dt3 #.4 V. N � E. : c{,/ .0,--- ..,e." 4*.' * , L . _.., .. ,�,� , P11I114em DoC kVCAO{SHEE-IPERMMT-STAT@H511-STATF.dw�q SAIZSDfiN I DOCKS B*fl2015 i m • >r HALL ASSOCIATES MARINE&ENVIRONMENTAL CONSULTING 3584 Exchange Avenue•Naples,Florida 34104-3732•239-643-0166•Fax(239)634-6632•tuna@turreil-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 Jeff@Turrell-associates.com Regards, (44"— eff Rogers Project Manager Turrell,Hall&Associates,Inc. TURRELL HALL & ASSOCIATES, I . 3 MARINE&ENVIRONMENTAL CONSULTING 3584 Exchange Avenue•Naples,Florida 34104-3732•239-643-0166 s Fax(239)634-6632•tuna@turrell-associates.com October 1,2015 Eric L Johnson Growth Management Dept. 2800 North.Horseshoe Dr Naples,FL 34104 RE: BD-PL20150001141 I Gatlin Dear Erick: The following is in response to your email RAJ 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"right-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 PL20150001141 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(MHW)as well. The water depths are referenced to the MLWs as shown in 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. Gatlin Dock PL20 1 5000 1 1 4 1 Page 4 of 4 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 Pei nit. 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, . 4.1--- eff Rogers Project Manager Turrell,Hall&Associates, Inc. JohnsonEric 'rom: Jeff Rogers <Jeff @turrell-associates.com> Sent: 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 4atiotrounoto tire THE INFORMATION CONTAINED IN THIS TRANSMISSION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION TIIAT IS PRIVILEGED, CONFIDENTIAL, WORK PRODUCT AND/OR EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT TIE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERINGG IT TO THE INTENDED RECIPIENT), YOU ARE HEREBY NOTIFIED T_IAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US BY TELEPHONING US (COLLECT) AND RETURN THE ORIGINAL MESSAGE TO US 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 t"-Q800 North Horseshoe Drive .Naples,FL 34104 phone:239-252-2931 fax:239-252-6503 1 LEED GREEN e " C4:04fity 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. 2 JohnsonEric rom: RPRITZEL @aol.corn 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. 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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. 0 30 29 / —w k 28 m 27 m MARCO �?m ilt7 SHORES' I it J C.C.O Ns)) PROJECT Z wt_ SLE L�ig I OF CAPRI ;el.. 32 I O cJ LOCATION i W _ .i, fN.�e8-OVJd SHORE.168. 72111" //kjit•All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need , to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities ' Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.800225 November 20.2015