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HEX Agenda 04/28/2016 COLLIER COUNTY HEARING EXAMINER HEARINGS AGENDA APRIL 28, 2016 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, APRIL 28,2016 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING&REGULATION BUILDING,2800 N. HORSESHOE DRIVE,NAPLES,FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES: 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. CCSV-PL20150002562 — The Luke Vidor Revocable Trust requests a 25 foot variance from the coastal construction setback line (CCSL), to allow construction of accessory improvements including a fence, pool, spa, sun and covered deck areas, patio, stairs, storage, veranda, landscaping and irrigation, all of which are located on property with a street address of 10381 Gulf Shore Drive and described as Lot 43, Block A, Re-subdivision of Part of Unit No. 1 Conner's Vanderbilt Beach Estates in Section 29,Township 48 South,Range 25 East,Collier County, Florida. [Coordinator: Summer Araque, Principal Environmental Specialist] B. PETITION NO. VA-PL20150000886 — Larry and Bonnie Lauffer request 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 25 feet to 13 feet on the south front yard and from 25 feet to 10.6 feet on the east front yard for an existing mobile home carport that was enclosed without a building permit in 2014 on property within the Mobile Home (MH) zoning district, located on an unrecorded lot at 226 Rookery Road,just north of Manatee Road, approximately 1000 feet east of Collier Boulevard (S.R. 951) in Section 10, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: Daniel J. Smith, AICP, Principal Planner] C. PETITION NO. PDI-PL20160000467 — BC Naples Investments, LLP requests an insubstantial change to Ordinance Number 2003-11, as amended, the East Gateway Mixed Use Planned Unit Development, to reduce the minimum lot area for single family zero lot line units in Tract "C/R" and Tract"UB/R"from 3,190 square feet to 2,480 square feet for the PUD property located on the north side of Davis Boulevard and west of Collier Boulevard in Section 34, Township 49 South, Range 26 East, Collier County, Florida consisting of 37.35± acres. [Coordinator: Fred Reischl, AICP, Principal Planner] D. PETITION NO. BD-PL20150002551 — Mark and Nicole Scudillo request a 5.2-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 25.2 feet, to accommodate a new docking facility with a new boathouse for the benefit of Lot 25, Block S, Conner's Vanderbilt Beach Estates Unit No. 3, also described as 117 Egret Avenue, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Rachel Beasley, Planner] 5. OTHER BUSINESS 6. PUBLIC COMMENTS 7. ADJOURN AGENDA ITEM 4-A $ 9unty STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ENGINEERING&NATURAL RESOURCES DIVISION ENVIRONMENTAL PLANNING SECTION HEARING DATE: APRIL 28, 2016 SUBJECT: PETITION CCSV-PL20150002562, 10381 GULF SHORE DRIVE PROPERTY OWNER/AGENT: Owner: Agent: Luke W. Vidor and Robyn M. Vidor Brett D, Moore, P.E. as Trustees of the Luke Vidor Revocable Trust Humiston& Moore Engineers 14801 Thicket Lane 5679 Strand Court Cayton, MN 55327 Naples, FL 34108 REQUESTED ACTION: To have the Collier County Hearing Examiner (HEX) consider an application for a Coastal Construction Setback Line Variance in accordance with Land Development Code (LDC) section 9.04.06, for a 24.7 foot variance from the coastal construction setback line (CCSL), to allow construction of accessory improvements including a fence, pool. spa, sun and covered deck areas, patio, stairs, storage, veranda, landscaping and irrigation. GEOGRAPHIC LOCATION: The subject property is located on property at 10381 Gulf Shore Drive and further described as Lot 43, Block A, Re-subdivision of Part of Unit No. 1 Conner's Vanderbilt Beach Estates in Section 29,Township 48 South, Range 25 East, Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The proposal consists of construction of accessory improvements seaward of the CCSL in relation to a new single-family home to replace the existing home. These accessory improvements include a fence, pool, spa, sun and covered deck areas, patio, stairs, storage, veranda, landscaping and CCSV-PL20150002562, 10381 Gulf Shore Drive April 28,2016 Hearing Examiner Page 1 of 8 irrigation. The existing original home was built prior to the 1974, when the CCSL and related variance process was established.Therefore,a CCSL variance does not exist for this property. The project provides a dune enhancement plan that creates new dune as shown on the Site Plan (Attachment C)and as detailed in the Dune Enhancement Planting Plan (Attachment F). CCSL Variance Request The proposed improvements require the Hearing Examiner to approve a Variance to build seaward of the Coastal Construction Setback Line (CCSL). The Aerials and Line of Construction (Attachment D) provided by the petitioner depict the subject property with existing and proposed structures in relation to the CCSL, and other beachfront properties in the immediate contiguous area along Conner's Vanderbilt Beach (aka Vanderbilt Beach). The applicant proposes to construct a new single family home including accessory structures which encroach 25 feet into the CCSL. The seaward-most part of the proposed accessory structure is located 175 feet from the Mean High Water Line (MHWL) and 118 feet from the Vegetation Line. For reference, the existing single family residence encroaches 45 feet seaward of the CCSL, which is approximately 20 feet further seaward than the proposed single-family residence and accessory structures. _.-_ I.i IImf Mtn AW N jam . nrw C Is - j - C .-":*;. • 1\\ 8221 PROJECT �2� LOCATION NI {�, CI LOCATIONWs 11111111 Iglijamoma 111111355 Wg, IWO Location Map Zoning Map SITE PLAN The Site Plan is two (2)pages—site plan "A" and "B"(Attachment C). Site Plan "A"shows the existing dune vegetation and focuses in on the proposed improvements at the CCSL. Site Plan "B"shows the existing dune, proposed restoration, all site improvements, and the adjacent road. CCSV-PL20150002562. 10381 Gulf Shore Drive April 28.2016 Hearing Examiner Page 2 of 8 SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Single-family residential development. with a zoning designation of RSF-3. North: Bayshores of Vanderbilt Condo Phase 1, with a zoning designation of RT- VBTRO. East: Gulf Shore Drive and residential development, with a zoning designation of RSF-3. South: Residential development, with a zoning designation of RSF-3. West: Gulf of Mexico. Aerial exhibit provided by Humiston&Moore. x IA .AL {, 11,, _> sit r.. _ e * - .TLj Itylik 1 . PROPOSED SINGLE FALRLY � % $ t., i AESIUENCE AND POOL �. a a +t Ma a i , t, a . X cy vt ` e - ' 1114i0114tfir. A °i'' ' ..,III M[STUN ... 1 '77 " ' 1 r;: ?NI tt Ift H UNIT t.CONNE VS V8 EST. SCT ,Np JUAN'S 1 H>s 7TR 1O caws I+M IMiI'.R FOIE IOJIf S■IORE OMVL MAPLES 'ax(z ) P1-2 wTr a s rs rr AMOK Fug(il tilr 5 siww11rr,!!:.- SHOWN •>tGr.. ( .. S.-- .wN.-,•r JC !?OJQ TW NONE FIGURE' At'A{It +.1.YnManw�w�en�— Kim CCSV-PL20150002562, 10381 Gulf Shore Drive April 28.2016 Hearing Examiner Page 3 of 8 GROWTH MANAGEMENT(GMP)IMPACT: CONSERVATION AND COASTAL MANAGEMENT ELEMENT OF GMP OBJECTIVE 10.4: Restore and then maintain,when appropriate,developed coastal barriers and developed shorelines, by establishing mechanisms or projects which limit the effects of development and restores the natural functions of coastal barriers, including beaches and dunes. Staff comment: The policies below mainly address the need for dune restoration on developed shorelines. The Aerial with Planting Plan (Attachment E) illustrates how the previously existing dune is proposed for restoration to line up with the dune to the north and south of the subject parcel. Policy 10.4.1: Promote environmentally acceptable and economically feasible restoration of the developed coastal barriers and the urban beach and dune systems. Staff comment: Consistent—the proposal includes dune creation and restoration. Policy 10.4.3: Collier County shall prohibit activities which would result in man-induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach and dune system. Implementation of this policy will be based upon available scientific/coastal engineering literature/studies that have established benchmarks for natural rates of beach erosion. Staff comment: Consistent—the proposal also includes dune restoration. Policy 10.4.4: Require dune stabilization and restoration improvements in land development projects along beach areas. Staff comment: Consistent—the proposal includes dune restoration. Policy 10.4.6: Require native vegetation as landscaping in development activities in developed coastal barrier systems and on the beach and dune systems. Staff comment: Consistent—the proposal includes dune restoration and landscaping with native dune vegetation. In addition,staff has included conditions to the CCSL Variance approval to ensure this Policy is implemented. Policy 10.4.7: Collier County shall prohibit construction seaward of the Coastal Construction Setback Line except where such construction would be permitted pursuant to the provisions of the Florida Coastal Zone Protection Act of 1985, where such prohibition would result in no reasonable economic utilization of the property in question, or for safety reasons. In such cases, construction will be as far landward as is practicable and effects on the beach and dune system and the natural functions of the coastal barrier system shall be minimized. CCSV-PL20150002562,10381 Gulf Shore Drive April 28,2016 Hearing Examiner Page 4 of 8 Staff comment: Consistent — the proposed structure is in line with contiguous and adjacent structures to the north of the property along Vanderbilt Beach. The restoration of the dune will follow the natural dune profile and further enhancing the dune system. GMP Consistency Summary: The proposed variance is consistent with applicable provisions of the Growth Management Plan Objective 10.4. for the reasons stated above. ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.06. Staff has analyzed this petition relative to these provisions and offers the following responses: A. "The coastal construction setback line shall be that coastal construction setback line established by the Department of Environmental Protection of the State of Florida pursuant to F.S. § 161.053 and recorded in Coastal setback line Book 1, pages 1 through 12 inclusive, recorded October 31, 1974, as Clerk's Instrument No. 365665 of the public records of Collier County, Florida." Staff Comment:The existing structure and improvements were built prior to establishment of the 1974 line and related variance process. Staff analysis did not identify any existing approved variances for this parcel, B. "Setback lines established under this Land Development Code shall be reviewed upon petition of affected riparian upland owners.The Board of County Commissioners(BCC)of Collier County shall decide, after due public notice and hearing, whether a change in the setback line is justified, and shall notify the petitioner in writing. The present setback lines are presumed to be correct, and no change in setback lines are presumed to be correct,and no change in setback lines shall be made except upon an affirmative showing by petitioner that any construction line established hereunder is a minimum of 150 feet landward of the mean high-water line or seventy-five (75) feet landward of the vegetation line whichever is g greater; and that considering ground elevations in relation to historical storm and hurricane tides, predicted maximum wave up rush, beach and offshore ground contours,the vegetation line, erosion trends, the dune or bluff line,if any exist, and existing upland development,that the general public health and welfare are preserved,upland properties protected, and beach and sand dune erosion controlled." Staff Comment: The proposed structure is consistent with the LDC as it is more than one-hundred fifty(150) feet landward of the mean high-water line and more than seventy-five (75)feet landward of the vegetation line, as required by the LDC. The proposed structure is one-hundred seventy-five(175)feet landward of the mean high- water line and one-hundred eighteen(118)feet landward of the vegetation line(see Attachment D, Sheet 2& 3). C. "It shall be unlawful for any person, firm, corporation, or agency, public or private, to construct, reconstruct, or change existing structures, make any excavation, remove any beach material or otherwise alter existing ground elevations, drive any vehicle on, over or across any sand dune, or damage or cause to be damaged any sand dune, or the vegetation growing CCSV-PL20150002562, 10381 Gulf Shore Drive April 28,2016 Hearing Examiner Page 5 of 8 thereon and/or seaward of said dune, seaward of the coastal construction setback line, except as hereinafter provided." Staff Comment: The petitioner has created a dune enhancement plan as required by the GMP policies in Objective 10.4 and LDC section 3.03.06. D. "If in the immediate contiguous or adjacent area a "number of existing structures" have established a reasonably continuous and uniform construction line closer to the line of mean high water than the line as herein established, and if said existing structures have not been unduly affected by erosion, a proposed structure may be permitted along such line if such proposed structure is also approved by the BCC." Staff Comment: There are a number of existing structures immediately to the north and south as shown on the aerial on page 4 of this report. The proposed structures seaward of the CCSL are accessory and in line with the accessory structures immediately to the north and south. Further, there are number of other existing structures within the area that have primary and/or accessory structures at least 25 feet or further seaward of the CCSL. Therefore, it has been shown that in the immediate contiguous or adjacent area a "number of existing structures" have established a reasonably continuous and uniform construction line closer to the line of mean high water than the line as herein established. Attachments D:Aerial Photo and Line of Construction,illustrates the buildings and accessory structures such as decks, ramps, pools, etc., which are further seaward than the proposed structure. In regards to whether the existing structures have been unduly affected by erosion, the applicant stated in the justification, "The existing single family residence is sited over 20 feet seaward of the proposed single-family residence and has not been unduly affected by erosion." See CCSL Variance justification (Attachment B) for the applicant's variance justification responses. ENVIRONMENTAL ADVISORY COUNCIL(EAC)RECOMMENDATION: This Variance petition was not required to go before the EAC for review and approval. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report CCSV-PL20150002562 on April 1, 2016. RECOMMENDATION: Staff recommends the Collier County Hearing Examiner(HEX)approve the CCSL variance for Petition CCSV-PL20150002562, 10381 Gulf Shore Drive with the following conditions: CCSV-PL20150002562, 10381 Gulf Shore Drive April 28,2016 Hearing Examiner Page 6 of 8 Standard conditions: 1. All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection(FDEP)Bureau of Beaches and Coastal Systems and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. 2. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone,defined by Collier County Land Development Code Chapter 3,between May 1 - October 31, sea turtle nesting season, without first submitting and obtaining any required FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. 3. Petitioner shall notify Environmental Planning Environmental Staff one week prior to commencing work seaward of the CSSL and shall again contact Staff within one week following completion of work seaward of the CCSL. (239-252-2400) 4. Outdoor lighting associated with construction,or development within three hundred(300) feet of the high tide line, shall be in compliance with Chapter 3 of the Collier County Land Development Code. 5. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Construction Control Line. 6. Petitioner shall re-vegetate the dune where the dune is devoid of coastal dune vegetation. Re-vegetation shall be completed,according to a plan submitted to and approved by Collier County Current Planning Environmental Staff, prior to the issuance of a Certificate of Occupancy. 7. Minor revisions to this variance approval (including changes in siting and structures)may be approved, in writing, by the County Manager, or his/her designee. Site specific conditions: 8. Staff has reviewed the Dune Enhancement Planting Plan(sheets C-D;ALD plans dated 2- 4-16). A CCSL Permit is not needed as long as the dune restoration plan does not substantially change. The dune restoration and landscaping is subject to change; any substitutions require approval by the County Manager or their designee. Clusia & Tripsacum may only be used as foundation plantings and are not considered part of the dune restoration. 9. The seven(7) existing Coconut Palms as shown on the Dune Enhancement Planting Plan may remain on the property seaward of the CCSL. No additional Coconut Palms may be planted seaward of the CCSL. 10. All areas seaward of the CCSL, outside of the footprint of approved structures and improvements, shall be left in their natural condition, or landscaped using native coastal dune or strand vegetation exclusively. CCSV-PL20150002562,10381 Gulf Shore Drive April 28,2016 Hearing Examiner Page 7 of 8 PREPARED BY: At iLiL -11 -54 / SUMMER ARAQ DATE PRINCPAL ENVIRONMENTAL SPECIALIST ENGINEERING & NATURAL RESOURCES DIVISION REVIEWED BY: .SOV LLIAM D. LO NZ, DATE DIRECTOR ENGINEERING &NATURAL RESOURCES DIVISION 7 27/ MICHAEL BOSI, AICP. DIRECTOR DATE • PLANNING AND ZONING DIVISION ATTACHMENTS: Attachment A: Variance Petition Application Attachment B: CCSL Variance justification(LDC 9.04.06) Attachment C: Site Plan A& B Attachment D: Aerial and Line of Construction(Proposed& Existing) Attachment E: Aerial with Planting Plan Attachment F: Dune Enhancement Planting Plan(sheets C-D;ALD plans dated 2-4-16) CCSV-PL20150002562.10381 Gulf Shore Drive April 28 2016 Hearing Examiner Page 8 of 8 e%"---..-c'° r Caunty j 41 , , COWER COUNTY GOVERNMENT 2800 NORTH ORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FL RIDA 34104 ENVIRONMENTAL PLANNING (239)252-2400 FAX(239)252-6358 - www.collieraov net/esd 77.- �.r. -.,,,., i"` trf At. a 4 r:A 4 w;a�it ..--;,v. `'- ,�'x' r,: �,..}. E. �'9 CiiC� '4'':/ '6.t ,fit r Y ,LS 'R M q 'ail,!% ,pq };': e_�rN' � ;y� L 47LK� ,w�{� - .'� ` (t�,.� .�'Y'3� -IC Y'� I�3S.. .71'-'12i&)� �S ,``:t ,' Q 1 •6 © i C,. ( 1 --,A. F- LINE '4,,1:,%;'.4d. .`CI 4 p \'wc © t'.--0. -i• '�6`".1.��I,? QP! 7 >d-3, 1- (� { i7 `y.f'Y 'A :vizi ;y ,. + tE" PETITION NO(AR) PROJECT NAME PROJECT NUMBER For Staff Use Only DATE PROCESSED/DUE DATE ASSIGNED PLANNER Date of Public Hearing: BCC Approvah Yes 0 No❑ Conditions of Approvak ABOVE TO BE COMPLETED BY STAFF 'C .Ff TW.S y.�..t.�. ci ��+�.� �q�.�.F'�+'i��.•M�n�u df ;..;..1.: 2E::3 ' ?r s" .g Y fi.i�_ ^'xC„]" � '�`� 1m$ ti':�,:.•�'A$..t a...�. :r Baa:. ra��aa..':�,. '! - �o� ;..-'.��'a:^..'.�i.+zY�F��: NAME OF OWNERS) Luke Vidor Rev Trust MAKING ADDRESS 14801 Thicket Lane Cayton,MN 55327 - • TELEPHONE# 612-839-9363 FAX# 239594`2025(Agent) E-MAIL ADDRESS: O "n°Dr" i NAME OF AGENT Humiston and Moore Engineers MAILING ADDRESS 5679 Strand Cant TELEPHONE# 239594-2021 FAX# 239-594-2025(Agent) E-MAIL ADDRESS: mdgoddard@hran[stonandmoae.corn 1 P�, y T- t a ti„ r-sts Y F .ks . :? LI Q,, ; i1 Legal Description of Property: Lot 43,Block A",Re-Subdivision of Part of Unit NO.1,Conner's Vanderbilt Beech Estates Street Address of Property: 10381 Gulf Shore Drive Present Zoning: Residential Present Use: Residential I # ,.�.- It.:,-,';'7i, +oc+s+• µ'.i -.'-':7-111"-'014., +R' ix.L. 'ip Fc I4 1 y i xR-t """QA.� }tir„YIF` • +�'Ei t ..:1-2.'''''''_ . S+•�..., .... r,s>.,,+v.z ,#�t%t+y_'#,r s..> �.a.do.:s? ..,r S �3. Proposed Construction/Activity: Construction of a Single family dwelling with pool Ground upon which petitioner relies For the granting of the variance. Please include rellevant LDC section: r J.3v3r, The existing two-story single-family residence on the site extends up to 46 feet seaward of the 1974,CCSL The proposed project 4ilag* '=I'M III wit restrR in a reduction of the residerrtiai structure from:maximum of 48 feet to 25 feet seaward N the 1974 CCSL AO habitable , :Ir�ja. . Emits wit be upland of the 1974 CCSL Seaward of the proposed residence will be a grass lawn and a dune enhancing area. - "<::r::•. •YY4'.",2 -; '.+. 3 c hi K Attachment A 11 Co Pr Coon J' COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRiVE 111 GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 ENVIRONMENTAL PLANNING (239)252-2400 FAX(239)252-6358 www.colliemo net/esd 9.04.06 Specific Requirements for Variance to the Coastal Construe on Setback Line A. The coastal construction setback line shall be that coastal construction setback lice estoblished by the DEP of the Stote of Florida pursuant to F.S.§161.053 and recorded in Coastal setback line Book 1,pages 1 through 12 inclusive,recorded October 31, 1974,as Clerk's Instrument No.365665 of the public records of Collier County, Florida. B. Setbodc lines estoblished under this LDC shall be reviewed upon petition of affected riparian upland owners. The BCC of Collier County shall dedde,after due public notice and hearing,whether a d nge in the setback line is i justified,and shall notify the petitioner in writing.The present setback lines are presumed to be correct,and no chonge in setbodc lines are presumed to be correct,and no chonge in setbodc Ines shall be mode except upon on offirmotive showing by petitioner that any construction line established hereunder is o minimum of 15 feet londword of the mean high-water line or seventy-five(75)feet londword of the vegetation line whichever is greloter;and that considering ground elevations in relation to historical storm and hurricane tides,predicted maximum wove uprush,beach and offshore ground contours,the vegetation line,erosion trends,the dune or bluff line,if anylexist,and existing upland development,that the general public health and welfare ore preserved,upland properties protected,and beach and sand dune erasion controlled. C. It shall be unlowful for any person,firm,corporation,ar agency,public or private,to construct,reconstruct,or S change existing structures,make any excovation,remove any bench material or otherwise alter existing ground elevations,drive any vehicle on,aver or across any sand dune,or damage or cause to be damaged any sand dune,or the vegetation growing thereon and/or seaward of said dune,seaward of the coastal ` on setback line,except as hereinafter provided. D. if in the immediate contiguous ar od(acent area o"number of existing structures have established o reasonably continuous and uniform construction line closer to the line of mean high water than the line as herein established,and if sold existing structures hove not been unduly offected by erosion,a proposed structure moy be permitted along such line if such proposed structure is also approved by the BCC. E. The BCC may authorize the construction of pipelines or piers extending outward from the shoreline,unless It determines that the construction of such projects would cause erosion of the beach in the o eo of such structures. F. Reserved. G. Procedures for obtoining variance. 1. A written petition requesting a variance from the established setback line shall be filed with the BCC or their designee.The petition shall set forth: a. A description of petitioner's property to include the informationrequested on a current Collier County request for o coastal construction setbodc line vIbrionce form; b. A description of the established setback line and the line whirl petitioner wishes to be varied; c. The justification upon which the petitioner relies for the granting of the voriance,to include compliance with the Collier County growth management pion,conservation and coastal : `.=.:. management element. i . . .4.0 .4..;‘,,,,,,.a4- , ,; i S&9ty , Ill COLLIER COUNTY GOVERNMENT 2800 NORTH ORSESHOE DRiVE GROWTH MANAGEMENT DIVISION NAPLES,FL RIDA 34104 ENVIRONMENTAL PLANNING (239)252-240 FAX(239)252-6358 www.coliiergo .net/esd I have read and understand the applicable sections of the Collier County Land Development Code. • /f Si cture of Property Owner Date �a.>'� yaJy.,t1 r A. xn a- n,.v .� i} Y.�� ,,st?:�.nq�,u.c.� = rr £ra M gin i4 {. tiMi t h ably REI IEMO` W" r� a` �. w4"�"#A�'„;� rN'F I: S i i+a... s"rTR w ;".,s `,i'gr '�' 1161 i �7, 't ► Non-refundable Application Fee:$1000(Make check payable to Board of Collier County Commissioners) An 8 1/5 x 11 reduction of plot plan in cases where plat plan is larger than 8 tfi is 11 ► Addressing Checklist iI / DEP Permit,if a permit has been issued(required prior to starting constnxtion) ': ► An aerial photograph with the property clearly delineated (highlighted) and the proposed areas for site improvements. 1 Site Plan which must contoin the following(refer to LDC 9.04.06 as well) o General location of lot,oil lot dimensions o All existing structures and their exact yord setbadc distances • o Location of area of the proposed work o Location of the landward and seaward edges of the dune (vegetation! line) and a rough profile of • the existing dune • o Approximate locations of existing structures on adjacent lots o Vegetation inventory in the area of proposed work • o The location of oil proposed structures in relation to the CCSL o The location and exoct distonce from the CCSL for all structures which',ore being used to justify your petition o Show that the proposed structures are a minimum of 150 feet landwarjd of the mean high-water line or 75 feet londward of the vegetation line,whichever is greater o Demonstrate that this proposed vorionce does not negatively affegt public heohh and welfare, upland properties,muse beach or dune erosion. Show final elevati in relation to historical storm and hurricone tides, predicted maximum wove uprush, beach and offshore ground contours, the vegetation line,erosion trends,the dune or bluff line,if ony exist,and existing uplond development o The established Coastal Construction Control Line os established by low;(1974) o Further informotion may be requested as part of the review If it is necessary to use a vehicle on the beach for completion of the project,a Vehicle on the Beach Permit shall be obtained and the work shall be completed prior to Sea Turtle Nesting Season(May 10 through October 311) ► A Listed Species Survey and fee may be required—to be determined after first review ► Return completed applicotion pockoge to: Growth Management Division Intake Team 2800 N Horseshoe Drive Naples,FL 34104 • • f' _ ."' .`.fin NF1 Aw is .[ :q'�+�?�tti' E".:•%:^-:.-S'''td-..- Ovikli ;51'41.0 i N 1 40 ill rgi ii � l i i f l�is 11. I i��I ig �� i °�l .� ". i1i 1 I!;i, ill I.i I 'RI el!1 I 1 1i 14 ;1111 1 11 II pi ii 1, i <..r . ii Jill •gi. . .0 4, ii ii' ry _ _� �` l&M y ;1 I iII I�i1' pi e '-` ;' 1111 1111 I4R IL N iliA! li 1,10;11i l le t-R - fly � i � 1 , r: iLi ..... illit � � 1 ilk. if III :;. 1111. ui ■ 1- 11 111 !'- a ""-,ole- u 11 111 a _ II I •♦ __ I EES 1 11. a �+r I " --" 1` \\ lera.1 01 a100O" --,�' a 1 ' ` 1 0 a `, o I\\ i \.\ 1' a C• _ 1 wee-- 0 5.o x . ."......,-...., 1 ...1310 ,oiD • ' ♦ % ' k4 1 - •L '' Jai 1 e --/ kill 111) a \- �" \- ------ __\--- 11 e \ til 120003.6'47011.0 ,i,-,,,,-170°-' i Available in 24x36 or i-E1 original pdf upon request t *+�+r w•+y ••■c a tom.y "' "TM INAIeAGOSiINO$W000 INC _ cwr aged mew r took 111 COMLY MC As■Na�rrs a.n�.v n•.v.••i.u�. is u ar GNf�TI Snoneh9= 9 4T x�EE��IWGHF W1SI WED.Ma t2 4002 1I ai,ro•.■FIKolse•a nr.r.rv••w.w.u.�rro .w EID4PM•.•PE.M■,R MD 'WM-WNAf MiI'f.L17aCvt 1 OF 1 em Y[A.■ 16 A.N Pak 1H5ffi fiC[77Jf Ie171 M�11001�Y1.1 AF dnYQ mrMln' • - v. , 8 f 411( Is[__ - el iiiii, 2,s-Elr,725g.t7Mi'''' Et ahniallas , - - . '''''' - I "4 A ill Oh.-.id ' r .. 1 i a -as-�t��. s { rF �f } . , ter`, • Pictures taken September 2015 Taken from beach Submitted by Petitioner Looking south east ik ..iy.4., . Wit r" .' ,irll ikit : ''''. iir -l e i In ,.. , i „.., , . , r matill *4 I. F r ; 1 x • ., e , r , Taken from beach Looking south east - includes vegetation at northwest corner n ; /f t,, .�'e S K+V sdld 3 � Y. Pictures taken September 2015 Taken from the beach Submitted by Petitioner Looking east ,tet ® t ` k . . � �. t � Y - ' -S— �= Taken from beach Looking northeast AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) 0 Luko W.Moor and Robin M Vidor (print name), as Tn.slees (title, if applicable) of Luke Vidor Revocable Trust (company, If applicable), swear or affirm under oath,that I am the(choose one)owner ✓ applicant,{ j contract purchaser' land that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Breit 0.Moore_P.E.,President,Humiston and Moore Engineers 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 0 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 ste/At- are five.l fd,/ 1i(5 ��a 1 �� Signature Date STATE OF FLORIDA COUNTY OF COLLIER The,fore9oing instrument was sworn to (or affirmed)and subscribed before me on 1 (_ A(��(date) by U.k_14_;,:-:: v 1( A,- (name of person providing oath or affirmation), as -I i-LA. t-cGwho is personally known to me or who has produced i `� S to rt (type of identification) as identification. , -1,t6,_ ,.____1„- ,,,,,,_4 iii` STAMP/SEAL Signature of Notary Pubil ,- 0.4:-.1s,' . PAMELA J HEFFRON ,14zNOTARY PUBLIC•M1NNF50TA . F, .: o (; MY CCMMi55iON EXPr1?E51/31118 CP\08-C0A-0011 S\1 55 REV 3/24/14 _ _ _ _ 1 1 io AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) I, Luke It Vida and Robin M.Vida (print name),as TNS (title, if applicable)of Wide Vidor Revocable Trust (company, If applicable),swear or affirm under oath,that I am the(choose one)own ti ra... rad urchaseruJand 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 B•tt D.Moore,P.E.,Pree ,t HuNuon end Moore Engineers 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.puss. • If the applicant is a Limited Liability Company(LLC.)or Limited Company(LC.), then the documents should typically be signed by the Company's`Managing Member.' • If the applicant is a 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, trus4 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 • thestated In It are true. f . a-a3 —4,0 Date Date STATE OF FLORIDA COUNTY OF COLLIER // The • : instrument was sworn to(or affirmed)and subscribed before me on 112 3 I/6 (date)by `£ bf.rn 1Ii Jur 1' _ (name of person providing oath:or affirmation), as {-e who is personally known to me or who has produced 1 1"%uel t '1-,r,a�G (type of identification)as identification. ,,.r/Ce. ��' STAAAPf3EAL t 1-".. Signature of Notary tic 4,,:t4-1;:4,,, ligialiZSCH :. :,.•Lc.- il11111>G• I 1011169,1102031101118 i CP108-COA-001151155 REV 3/24/14 TIE Rearmost Tre red By sod Retk. Michael L. ) .ohatti, Eaq. 9010 Strada Stall Court, Suite 105 Naples, FL 34109 This Document is prepared without opinion of title res mmeae: 79060000301 Warranty Deed Thio Iedesture, Meda this 5th day of September , 2007 kn.. Between VBC, LLC, an Indiana limited liability company or tre carry of , awed' Indiana ,grantor, mod Luke R. Vidor and Robyn N. Vidor,as Trustees of the Luke Vidor Revocable Trust dated April 12, 2002, as amended and restated from time to ties uMe mmr k 14601 Thicket Lane, Dayton, MR 55327-9445 at the Camay.f f she of Minnesota Wibareth ter he cRAMoR tared L ea..idaamiaa orell,.s or -TIM DOLLARS LARS ad amt deed and wsl,abk ooa.idwa ho Dft GRAMbrdin ( � ' l.10)�by GRANTEE, he receipt whmsof 6 baby adomow �d laare sewed WOW mrd sold to me mid GRANTEE and t• i .- mai wage ken,a Mlowi.B deseresed Md.kers b4eribe gmenceeue Collier R CO - - • Florida but flit NO. 902, TEE ,.�.F ... their with an undivided interest in the .. !1 ', ,is,ammo 6 the Declaration of Condominium thereof in Official - ---k 3798, Paye 3165, as amended from - - -, of the - Records of Collier County, Florida. _ To�thar with the L �. . -proteat7n con - .t -se ,r"'= ' . 4, to encumber,crb d herein. SUJRCT TO (1) ad `"��.. .. and non ad - s 4 property tames for the year of aloe •.Ti-c. • anbeeguent years;.A Mii►"'.property , builditng code and other use res- •y= • . imposedr .tel authority; (3) outstanding oil, gas ti---� •C�� if nay. 4069273 OR: 4279 PG: 0411 • RICORDID In 0111CIAL WORDS of COLLIIR COUNTY, IL 09/07/2007 at 09:35AI DWIGHT I. BROCI, CLIME C018 2900000.00 HEC III 18.50 • DOC-.70 20300.00 Retn: SALVATORI a WOOD 4001 TAIIAII TR 18330 IAPLIS IL 34103 3060 I • ad tk Amstar doe kaaby My wank the We to Yid and,.d will defend me same against awfd awe of.li pas=wbot.oa.t. tsrCirnt itOly.,r..mee.mom t.olxt$ssm r.:Rwns Warranty Deed-pip 2 Pared m Nseher. 79060000301 • In Wien=Whereof ere prey he bemrp set is hood sad sed its day rod year)Fat above wrieea sealed and delivered In oar presence: VBC, LLC, an Indiana limited Printed lsame: ', .0.1111. .i/ , /ad %/ 4�. (an P intes 5�L�"�J C v�� el, .san W. ash, . . WP.O.Mawr 3339 Weaned.Drive,Ciis%P4472034739 >; aaw: �L/L d�r L-4 Jul �2, icWitness '�" STATE OF ._-Vic iht/O/.] 1E9 rte--+ COUNTY OF c o o K. dr The bweoiae imumest wan.dnowleilpd'sabre Ste this S dey or Waptambar ,2007 by Co Susan W. Wash, Manager of VBC, LLC, an Indiana limited lity company fie 1e pavan*)mown b mews/le bps produced her r 1 I. vera/ iCenate 4ldeae6slioo. Ger OFFICIAL SEAL 'Y x NotarMINERVA INCIONG �� N: ( q �l J r O y PUWIc-Moto of II .. tMy Cornrnission Expires • 19,,01 ex t . ... c.)..., c 0t_...„. - ,,,..si civc . 239-07 e.ma.n.we,Obhp*Irmo,In,XV 0U)9o4.113 FonnlIWINI • Name of Applicant: Luke Vidor Rev Trust Property ID:27530520004 Variance Petition Application 9.04.06 Specific Requirements for Variance to the Coastal Construction Setback Line Date Prepared: February 4,2016 Agent: Humiston &Moore Engineers; Brett D. Moore, P.E. Below find the information required in 9.04.06 of the Collier County Land Development Code Section G Procedures for obtaining variance 1. A written petition requesting a variance from the established setback line shall be filed with the BCC or their designee.The petition shall set forth: a) A description of petitioner's property to include the information requested on a current Collier County request for a coastal construction setback line variance form; • The Coastal Construction Setback Line Variance Petition Application filed November 6,2015 is on file with the County. b) A description of the established setback line and the line which petitioner 40 wishes to be varied; • The 1974 Coastal Construction Control Line as recorded in Coastal Setback Line Book 1, Pages 13-25, dated February 1979. c) The justification upon which the petitioner relies for the granting of the variance,to include compliance with the Collier County growth management plan,conservation and coastal management element. • Several parcels within 1000 feet of the subject parcels have established a reasonable line of construction not being affected unduly by erosion. The existing single family residence is sited over 20 feet seaward of the proposed single-family residence and has not been unduly affected by erosion. The final design results in the residence being located in alignment with the elevated deck to the north and existing structures to the south. The improved setback landward from the beach and dune area will provide an additional storm buffer on the property and setback from the beach and dune area to be enhanced as part of this project. • Several variances have been approved by the County within this area of coastline; two examples are listed below: • Document No. 408181 Recorded OR Book 641 Page 1165 approved a 33 foot variance from the 1974 Setback. The parcel is approximately 800 feet to the south of the subject parcel • • Resolution No 91-482 approved an above-grade swimming pool,spa 23 feet seaward of the 1974 CCSL, a fence 47 feet seaward of the 1974 CCSL Attachment B and the construction of a dune walkover 88 feet seaward of the 1974 CCSL. This parcel is located approximately 200 feet to the south of the . subject parcel. Collier County's Conservation and Coastal Management Element is divided into thirteen (13) separate goal areas. These are summarized as follows: The applicable responses to each element are listed after each item in italics. 1. Protection of natural resources; The proposed plan results in a landward movement of construction providing more buffer and protection to the natural resources consisting of the beach and dune area and associated habitat. Details of this landward shift in construction are provided below: a. The existing two-story single-family residence on the site extends up to 42 feet seaward of the 1974 Coastal Construction Setback Line (CCSL) with a cantilevered second floor and concrete pad extending up to 4 feet further seaward for a total encroachment of 46 feet seaward of the 1974 CCSL. b. The proposed project will result in a reduction of the structure from a maximum of 46 feet to 25 feet seaward of the 1974 CCSL. The new single- family residence is designed such that the indoor habitable limit of the new residence will remain landward of the 1974 CCSL with the following non- habitable elements extending no further than 25 feet seaward of the 1974 CCSL: c. Ground level:two patios,storage area, and pool fence, • d. First elevated level: Swimming pool with a spa, sun deck, covered decking and covered veranda and stairs, e. Second elevated level:Sun deck and covered deck, f. Third elevated level:Sun deck. 2. Protection of surface and estuarine water resources; This project does not effect this element 3. Protection of groundwater resources; This project does not effect this element 4. Protection of freshwater resources; This project does not effect this element 5. Protection of mineral and soil resources; This project does not effect this element 6. Protection of native vegetation and wildlife habitat; a. This request is made for a variance from LDC section 9.04.06. The proposed construction is over 170 feet landward of the Mean High Water (MHW). In addition, the proposed redevelopment of the site will include dune enhancement through the placement of 50 cubic yards of beach compatible fill and native dune stabilizing plantings to enhance the dune area, controlling beach and sand dune erosion. Invasive exotics within the dune area will be removed and those areas will be planted with native dune stabilizing vegetation. The proposed dune is consistent with the natural dune alignment for this area. b. No sand material will be removed from the beach seaward of the 1974 Setback. 7. Protection of fisheries and wildlife; This project does not adversely effect this element. The . enhanced dune region provides additional habitat area. • 8. Maintenance of existing air quality: This project does not affect this element 9. Management of hazardous materials and hazardous wastes: This project does not effect this element. 10. Protection of coastal resources: This project will have no adverse impact on coastal resources. The project is located further landward of the coastal dune area and will enhance the dune area through the addition of compatible fill and native dune stabilizing vegetation (Southern Floridian species) resulting in a wider dune consistent with the alignment of the dune system on adjacent properties. The lighting design will comply with sea turtle lighting requirements of the local and state requirements for sea turtle protection. The landward siting of the project will also reduce the potential for interaction with the natural functioning of the beaches and dunes. The proposed encroachment is the minimum distance required for the residence to be sited within the 30 foot County setback from Gulf Shore Drive. After meetings with County and State staff; the proposed siting was developed to meet County requirements and be sufficient for State support and siting relative to the beach and dune system for the required state Coastal Construction Control Line(CCCL)permit. 11. Protection of historic resources: This project does not effect this element 12. Hurricane evacuation and sheltering: This project does not effect this element 13.Avoiding duplication of regulations: Not applicable • - -- ni, . 0, , f • .ze•.m.-. 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I:0 i:',.s ''s'''.',,, ,‘':':,,,•:'..'..--; ..s' ',';-`,.>.>'. :,`.,::','`.::*".; ',,:-- to Q .-- ,y...„. •,,,....., - .:°•' ,,:‘. s , :i':•\,.:•:,..-•:: f',:,:: ,--.:•::.•:.::::-:,.:,‘......,-,%,- ..„,....•:si ,:,,,,,,,<-..-:e.,•-•.,,,;,;.,.... ..,!-„,. -;.,... ..,-;.::$••:,:,--:,-„, ,-,: ,:s..z•< 0,•.:,:;•,....:,--.,.,..- .;:.:::;: - g"7 4) ji M In—I c) i,.•-. ., ....:.-. .<•.:....,..c...,.:.;,,,... .,-,,,.; Itii•->,..,. ,,,,....,:.-:...K.•:::,...,-..,:i,-;:.:,:: , __ .._ _ 1 -A. - -.,-...„ -..•,, -,,.,•.,.r.s.; .;!.. .i..!•.: -:.,..-:• , .>.:,..-,. .....,:,,--.,:::•,..„'.>•:::::•,-„•:: 8 T Cia M 1 z8 Z at t--:i•-:?,:.; ,..,,,, ........,- .,:;•,?„;. ....._-,:,,,,,17.. .....;,,--.?,;, s.,:s,-:,-,,x-ne. —,.• ...,...,...-,,,..,:.-,..z.:.-:.-.---..-.1 ::,..F.....--zt,.--. ------ 0 ---1... -- -- ..14fip , 1‘ ••• 91 -IN. VD P ,..1 z 1-1 ... A. r ):* ••••.% 0 W a 7cj — Ir \ z op _ .., ..... B , a -IA] ..., , CO ,ra M Irn • - ...,...-4, i .-.. t..., ra .44) fri IN3 N .1- ka• 9*-I . sualiz_-_-----:_=.-----j---:-------A-.. • ....to - p i,. •• , 7.!. I ! CI) -rul • I • • 1 till IIE i:;4. k V 1- CO•STAL CONSTRUCTION CONTROL UNE .......= kiliAil.r.— I .-- — i APPROVED SET2TE418154113,1074 ei _____ s s.t. i.irmel'a" i i lommi .1.... i 1....e......zgwyczaglizza my , 1,...., ..... , i 1 201466VF.114 PaRkirruks it3 CD T6-Lir,, N r-. ! FLORIDA ADMINISTRATIVE ege-34-sso caw xi 1 EFFECTIVE DATE OF ORLI,SW Ni.44,.. TULE COMAElliENT EXCEPTION f 17 C FA 1111=111=1 \\\,' : 1 . co . i E rri I \70:4 0 i 1 11 Nk.; 1111 fil j 1Na. k‘,,,,,,,,,:„„: , 0„) ti3 !...,,,, M ish• 0 - ;*.k,.,. 1111111..._ n .. O -.wit I. c..._ , ,,,,, ...it, rm.. N. r- )?... -, ; va..-- F.5! 1 '' •-• II- 1 -ill ';ft 1 ...- 3 _ • .k Li, • ......0 .7, Q, K.1 ..." •'''S I14 /. ._...- ..... ;If k-13‘,,N iffir -• . N / '"--'--- >ffl\ ' I ri I I ' 3 III ..... Attachment C COASTAL CONSTRUCTION CONTROL LINE .... RECORDED JUNE 29, 198o,SEE SURVEYOR'S NOTE#5 TITLE COMMITMENT EXCEPTION #17 a) • • IR I ?It I-- Z I 1 .....1 ffl° O. 8 GULF ATE DRIVE W ler = Wig , Fo'm I g .11.111.1112.15•10 b.1_. e .--- ",:ss': • b ''; • ' :1 :0 '`', \IL To, i \ alp Emma Pi klemer.am. lk.m -l ,•,''\,, • =NMI IIII" - N., :( ... .... ... LU *- 4‘ ,. ,l'o•ar,4 k . .. \\ 1 ro2 41. ca 63 c4 _ k- 0 \ !...11 -1/4„: al 11 . ' .1 laa ...N.'.°. 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(4 U..t ,....•tr., , i 1 t p_0_ ;§ Cl) c 43: E; ct 1-t) _____ _________________E 13, 0, p. -K,,e c.) :. .; co: t 6 1 1 § it 0*.z- IZ 6.ve • e v -4 !:_31 sc 531 --jj I 9,2 tx . %,...- ., ;1q*r { 1 ; aID r , s= g ri;\ t , { \ , 1.::) ;; F= .. ISO • T vON' .,N N' I Si t I It , '\ lit .. - wiiill 1Wel ' { -, `' C '. { N 1 . �4 O ' + s ,4-4, — 4 ,,,. ,,,,, t . .i e* i \` f y 385' , a PROPOSED SINGLE FAMILY ° • ` .. } #' , RESIDENCE AND POOL Aes it 14i, , e i ' i s i , : - 4' - - .:3',„;$11° \ . '. ' 4 �'' hlE iGp { ,. yr • R l -s. 'it r t r O 50 1O '" s SOME r 100 .. • DATE OF PHOTOGRffH� JANUARY ' t) -� ,, PHOTOGRAPH PROPERTY OF "' �� .< i COLLIER COUNTY APPRAISER'S 'ar r''S x 1 ` HUMISTON AERIAL PHOTOGRAPH — LOT 43, BLK A' RE—SUB ItistOVI 8MO0RE UNIT 1,CONNERS VB EST. SCT 29,TNP 4135,RNG 25E NAPLESST FLN34COURT ENGINEER` FOR: f 0381 GULF SHORE DRIVE NAPLES FAX: (239) 594-2025 COASTAL DATE: 8 24 15 FILE: AERIAL SCALE: SHOWN PHONE: (239) 594-2021 ' uOPERSAiOTING a JOB: 25Q30 DATUM : NONE FIGURE: AERIAL www.humistonandmoore.com Attachment D, Sheet 1 A , ' T'T : ;1,,,‘ 411/ . . ,c, t 11,4-ifielb, ' 411 r ::101:', Y t „. 9.04.06 SPECIFIC REQUIREMNETS FOR ., r VARIANCE TO THE CCSL � �<, _ ' \ 50 100 REFERENCE REQUIRED DIST. ACTUAL DIST. '. ries" LOCATION (FT) (FT ""`'aCALE: I" = 100' MEW 150 175 � +•� wiri r. �- VEG.LINE 75 IIII.rall A kt G , ;,,, .t ' Y! _ Y HABITABLE LIMIT = :' ` ` APPROX. PROPER n * �,� BOUNDARY i. ,') a* , •k -i"? i :4 _ EXISTING ELEVATED DECK COVERED ELEVATED Si{DECK ,'0 :§,- ` '. • L ,w POOL +�Ia ra sn - . ,fir, 1-i., r "`"' - ,�``.: ::-:- . ELEVATED POOL A i �� 4. v.* I, h OPEN ELEVATED •� DECK '_ e, • "" • or ,`�vi 1 , ° Illt: r APPLICANT: VIDOR > I PROPOSED NEW RESIDENCE " WITH ELEVATED POOL . R-25 - ,, . * r.,.., ...,:.-1, e NOTE: f also* 1. MHW, VEG. LINE, AND PROPERTY BOUNDARY 0040 s ` ., BASED OF D&W SURVEY COMPLETED ON 05/1• s ti ' -.....,A. 2. SITE PLAN IS BASED ON ALD, INC. I ' PLANS DATED 09/16/2015. e +itt � 3. AERIAL PHOTOGRAPH IS DATED 01/2015 AND , ,2'44:4- , i '4,3 \ PROPERTY OF CCAO. '� � '� .! 410 4. EXHIBIT IS FOR ILLUSTRATIVE PURPOSES ONLY. ,:`-r.- ,.`> H E}N AERIAL PHOTOGRAPH — LOT 43, BLK A RE—SUB 5679 STRAND COURT UNIT 1,CONNERS VB EST. SCT 29,TNP 4S,RNG 25E NAPLES, FL 34110 LA ENGINEER` FOR: 10381 GULF SHORE DRIVE NAPLES FAX: (239) 594-2025 coasra� DATE: 10 09 1 -FILE: AERIAL SCALE: SHOWN PHONE: (239) 594-2021 ENGINEERING JOB: 25030 DATUM: NONE FIGURE: AERIAL www.humistonandmoore.cam Attachment D, Sheet 2 -.; APPLICANT: VIDOR `8 1;11 r PROPOSED NEW RESIDENCE sililt..' j .a. WITH ELEVATED POOL 9.04.06 SPECIFIC REQUIREMNETS FOR t VARIANCE TO THE CCSL }s► ,_ , SCALE: i" REFERENCE REQUIRED DIST. ACTUAL DIST. , LOCATION (FT) (FT 14 , MHWL 150 175 r, , VEG.LINE 75 118 "' 'I" s" i HAS. 1`1 , 4x4 1. API'RO' Y' , EXISTING ELEVATED. r. �,K DECK .iprA ' 1.7 Ato 0 s , o m COVERED ELEVATED pi DECK, —.04 -11...,..-11...,.. e;, �, _ T. ter• ars.• � f � ��3. ; r ____ ELEV' f iiiii,„ -- \..... — __------ \..... 1isalsas L i441 Lsion�a., - .4.414,:st % 4. ., . .2i.F g 'r ' -�5 .... y„ s.f sY j. Y ' �'r ;t �� OPEN ELEVATED 40'444 N. 3 " ill, DECK _ ;I �• k ' • NOTE: - � 1. MHW, VEG. LINE, AND PROPER 4I, BASED OF D&W SURVEY COMP M 1 ' ,. ► 2. SITE PLAN IS BASED ON ALD, INC. " y` PLANS DATED 09/16/2015. ' 3. AERIAL PHOTOGRAPH IS DATED DS¢` " s7 - ` ` 40) PROPERTY OF CCAO. rf '" ', 4. EXHIBIT IS FOR ILLUSTRATIVE PORP• - . t II Nil& 1414 HLJMISTON AERIAL PHOTOGRAPH — LOT 43, BLK A RE—SUB 5679 STRAND COURT UNIT 1,CONNERS VB EST. SCT 29,TNP 4aS,RNG 25E 5 inimpl 8 MOOItE NAPLES, FL 34110 ENGINEER" FOR: 10381 GULF SHORE DRIVE, NAPLES FAX: (239) 594-2025 COASTAL DATE: 10 09 1 'FILE: AERIAL SCALE: SHOWN PHONE: (239) 594-2021 ENGINEERING PIS 9 JOB: 25030 DATUM: NONE FIGURE: AERIAL www.humrsfonondmoore.com Attachment D, Sheet 3 • r .:Is R ` '�;�., � ,a '" ` .r - Ems y w 5 L S i I 7 57 22 0 !z t14 u nIf a''''' 747„., '4.1/ pt If4 ''''' '1 '-'11%11E :::--,14.:/... .1:::"$ 4: ' 1°: i 9 r - il \\\ ,.\\ I. et t^ s Air ... taw —• � >.- ' � ., .tea II + . 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I� I 1 III IIT i e DEG ®�;N EIV.PIANCERIER17 r$Ltk>E"�YIK +''"'kri s Attachment F �•.i•a•cn•i.m 'w� 4rt� •o' m Q �i ' O vm .ice' � 0 2' 2 3 C�3r ffi • Em Enn 00 a$;5 g7igo kawk C,p c�� w O C m mgg� ci sts3omm � Rptt' Sp 03 at m3 n z OOC23 713 3RS n n mg0pag� mrgw — Mm pr =g6C)C) �_ 38 moa* om3 mm a qaa=S�,t r N — < X wov.i v5go1o1g1 30 Eigg-Tag'gmb' °c m w aa Qo 4 3 — m .�+ aaRaa3sa Q— gimoamm (2.a 331 3314 f° 3�g now Q9 '� c1 m 3 ? oma =�wm _6i o , tfm,�4 la . -.5 .41 p- _ . =_. /51 ga 3 -� m = Z m E m r 4 ;g4W 1 M �3m ogm g E g QaoSicerg m3 � mm m � ¢�.mm O "m gJC '�� O =Z 3 C — mO'O' `� °� _ a$ 3`mWmoo G. 9' S o Z m = 3.ommmmz 3Z "-�°D3 wkgT, _ m m � ' s'C) m aE ac o� m3 om Z aim nQo� m ° oma am0o n. r m m 3 c R .r.. 7S3 ro . aiarga 1c ° m 3 c a C mag. m a�.8' $ e' = 8,118.0g 3 m 8 mm3q 35ig � mR Mm Rm sm x cc mags8imc s, ag g§ ma q�( 4 sg a mr� omo ' @ � ''S� G• @ �O �m' s m OM a5 •8m .3m4i5 _ Hlog3 IPA � 3 msgmm .i3 m � 8 o6q m D o v c o co 1. =523WOO o0 Z 3 -1.7144° P01 +� 3 ° v.0 su Z 0,z a2N3RIz -0z c I mm m ga 5 * --1 ea 2 m &ma g 3 it � c 3g Rigi mai a �Is a� m3 IFIN ma6l g g441 0a gib " 8a5 ino g 5 0 R'1 I/ 0, Amc''monm -6 g i 3 lai �sxm# .. o� $ s��m m m fp 2• • 'D gSi ae , Y S3a5 S F� 3s g l g S So So o A 3 g • 3_ri O X S N.58� ¢ 3 N N h, �. 11 O a. ga magi:0 Go 0 0 S3 0 �;o m ;gg �,' 'o �Jo OP 11W al R . 3cli �� 5. oo' &PalNI h o8 m d 0. =m • m 3NK *l as r a 8 1 as a K2 "� 2a ° I. f m p �z ��z «z�zm °6i � R m m a 3 l • mg 'EFEEFEE 01°L I. cn a g u a 3 m• 4 I * a g :s'_a ; a; a g go 1 g a i m m 3' of O A O m o O Ws!W Ol W N O o 3cilt S m ^�T a a 3 g8 a 1 m 3 d'►' roa—g F m OA m a .< m so m c m 375 m S m g aS. o1-e''• 8 [IJ !1I DCS Vidor residence4It 494 1 10381 Gulf Shore Dr.,Collier County,FL Ithi Q J e gi p oi•i ) [ i i r • DEP DU�f E EMA CEtAEHT PLANT L ""} AGENDA ITEM 4-B CAT County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: DEPARTMENT OF PLANNING AND ZONING GROWTH MANAGEMENT, ZONING DIVISION HEARING DATE: APRIL 28. 2016 SUBJECT: PETITION VA-PL20150000886, 226 ROOKERY ROAD PROPERTY OWNER/APPLICANT: Property Owner: Larry and Bonita Lauffer. 10541 Ben C Pratt 6 Mile Cypress Pkwy. Fort Myers. FL 33966 REQUESTED ACTION: The applicant 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 25 feet to 13 feet on the south front yard and from 25 feet to 10.6 feet on the east front yard for an existing mobile home carport that was enclosed without a building permit in 2014 on property within the Mobile Home (MH) zoning district. GEOGRAPHIC LOCATION: The subject property is located on an unrecorded lot at 226 Rookery Road,just north of Manatee Road. approximately 1000 feet east of Collier Boulevard (S.R. 951) in Section 10, Township 51 South. Range 26 East, Collier County. Florida. (See location map on following page) VA-PL20150000886.226 Rookery Road Hearing 4/28/2016 Page 1 of 8 y •4 .. E,Ea. �► an - cg; mi Ver miiiiiiiiwo : .. 41I4W rrplLA Eftviti.fiel II il 1 2 ��: �c�caoa�► aaaa wien a. _ e • •� frttlEnlawMS Q0 a irdi eeeeeaoaaaaels , it , �IIl 1313 eevs3� It ao a ❑d"-1 N'0000 0 :IF:al / I{ ovp „ ,, Csol 110111 151 415. 2 ' 0 a ® Z 70 ► i10 � m .� !t =0 Pit 0 O o. a=wa �`g_'�eo.wowww0 C= 40000 Lt. "�' uT C1..7n) .h'�7YIpyTM ilt MO :t rz� �� '. >.' it ZI H • / 2 e hi it Wi a L: : . L._____ . a" . , a 17 rill t I„../ 1 0_ r , if //' i 7. . r jo Z P o I. "iii • * IP - E 9 - ii f 1 i Al OD II> V711! 1 ' I ° li\ a 0 LL _1 N, p ..,/ . , .i.,, as vs areavta mnas g ! rra 6 VA-PL20150000886,226 Rookery Road Hearing 4/28/2016 Page 2 of 8 PURPOSE/DESCRIPTION OF PROJECT: The subject property is a corner lot within the mobile home development of Riverwood Estates (see aerial map on following page). Occupancy for a mobile home was issued in 1973 which included the mobile home unit, a screen in porch, and carport (Collier County Records could not locate permit). At the time of the permit in 1973, the property was zoned Mobile Home Subdivision District (MHSD). The Zoning Regulations of Collier County allowed for a minimum 25-foot front, rear, and side yard (corner lot) setbacks. Since then, the MHSD zone designation has been changed to a Mobile Home (MH) designation with the same setback requirements. In 1982, a permit was issued to repair a 180 square foot damage carport. The permit showed the required front yard setbacks as being 25 feet. With the permit, the applicant provided a sketch insinuating that the front yard setbacks met the required 25-foot front yard setbacks. A Certificate of Occupancy was issued on 2/7/1983. In 2004, Mr. and Mrs. Lauffer purchased the property as a winter home and in 2014, hired Southern Framing of S.W. FL Inc. to enclose the carport. While the owners were away at their summer home, a permit was applied for(PRBD2014071901501)but was rejected by zoning staff review per LDC 9.03.02, intensification of an existing non-conforming use. The permit was also rejected by FEMA staff review for insufficient information regarding the carport's slab elevation. On August 1, 2014, Southern Framing of S.W. FL. Inc. voluntarily canceled the permit. On April 9, 2015, Code Enforcement issued a citation for "remodeling a carport, adding new garage doors and siding with a permit in a canceled status." Unknown by the owners, the contractor completed the work without receiving proper approvals from the County. Because the carport encroaches into the 25-foot south and east front yards, Mr. and Mrs. Lauffer would like to request an "after-the-fact" Variance to remedy the encroachment within the front setback areas. After receiving the variance,they can then apply for an"after the fact"permit for the carport enclosure. SURROUNDING LAND USE& ZONING: SUBJECT PARCEL: Mobile home with a zoning designation of Mobile Home(MH) North: Mobile home with a zoning designation of Mobile Home(MH) East: Mobile home with a zoning designation of Mobile Home(MH) South: Mobile home with a zoning designation of Mobile Home(MH) West: Mobile home with a zoning designation of Mobile Home(MH) VA-PL20150000886,226 Rookery Road Hearing 4/28/2016 Page 3 of 8 10, ,.. liniiIslandLake�LN T r SD 7 OD ico nas EC giii p i -.. AA- �r 9Fif1>Q - t - fl 9930 ggig 224 ,, ,/, igg3 i . It '' P ' . .. _ Rookery Gap amemisir 1 Subject Property , c- s c �• ist Sig I gall II 217 1;223Egg a r - dam, 7 Unit.LS 881 879 883 885 887 889 891 i 895 - 897 t.44 rt �e ,i Manatee�RD ' Aerial Map VA-PL20150000886,226 Rookery Road Hearing 4/28/2016 Page 4 of 8 GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is located in the Urban Mixed Use Residential land use classification on the County's Future Land Use Map (FLUM). This land use category is designed to accommodate a variety of residential uses including single-family, multi-family, duplex, mobile home and mixed-use projects. As previously noted,the subject petition seeks a variance for a mobile home that is located within a mobile subdivision, which is an authorized use in this land use designation, therefore, the mobile home use is consistent with the FLUM. The Growth Management Plan does not address individual variance requests; the Plan deals with the larger issue of the actual use. ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.03. Staff has analyzed this petition relative to these provisions and offers the following responses: a. Are there special conditions and circumstances existing, which are peculiar to the location,size and characteristics of the land, structure or building involved? Yes. The subject lot, unlike most of the other lots in the subdivision, is a corner pie shaped lot. The structure is located in a diagonal direction facing the corner/road intersection (See setback map of following page). 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. According to information provided by the applicant and investigated by the planning staff, a permit in error was a result of the carport being constructed in the front yard setback areas. The current owners were not aware and could not be aware that the lot was not in conformance to code. Code at that time and still requires the front setbacks to be 25 feet.The original permit could not be located by County staff. 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. The carport has been enclosed by the contractor and the owners have paid (+$12,000)for the work completed. d. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health,safety and welfare? Yes. Based on the configuration of the lot, and that the constructed carport has been in existence for over 40 years, the improved carport is viewed by staff as an improvement to VA-PL20150000886,226 Rookery Road Hearing 4/28/2016 Page 5 of 8 the lot. The applicant has neighbors within the mobile home subdivision supportive of the improvements and to this Variance. It- ,__ :i INo 7 15 30 60 L��>• . GRAPHIC SCALE CURVE RAM_ -- LAKE i01 AT CURVE RADS Ali r- N � „A Pto Mo LA. L2 • N 6.4m...-01,>.,oy 151j `' '• (1v 'ems % 1 % A/C PAD r N `" r "° w ,. I '%� , :A.: .444 . 1 ., tl 0 . , . . i 1.,01* la! la ... S9 �a�'1 .1 10.6' ' %wt �$ .�0•A'� X1` �- v O 1.1'‘,"' 0 1 P�' re 6 yy o 4.✓ d / , > u "'y xZ Va � IIf 8 OR �5 ......•-5/ .� — . `----300- ---1 WI wwN i(a1 V Co....Rsows ]j •CORNER . WM1k b 14 f0 IS LOTALL 5 89'20'26" E 502.72' (M) wiA, am• '� oi O°i o '�- S 89'20'28" E 505.00' (0) �; S 1'32" 57.39 M a B.O.B. ' ill 89'20'2• E 57.42' (P) , _L _________I___./L ROOKFRY ROM (WY R AV) i- Setback Map VA-PL20150000886,226 Rookery Road Hearing 4/28/2016 Page 6 of 8 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? No. There are only a few lots within this subdivision that have this unique parcel configuration. f. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. The granting of the Variance will respect the intent of setbacks and will not harm public safety, health and welfare. The plat for this subdivision includes code required 60- foot right-or-ways allowing for utility improvements, sidewalks, and landscaping improvements if needed. Distance consistency from adjacent lots would not be compromised. 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. h. Will granting the Variance be consistent with the Growth Management Plan? Approval of this Variance will not affect or change the requirements of the Growth Management Plan. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report VA-PL-20140002843, on April 6, 2016. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve the Variance for Petition VA-PL20150000886, 226 ROOKERY ROAD. The Variance shall include a condition that: -The Owner/Applicant shall apply for a building permit for the improvements and receive a Certificate of Occupancy within six (6)months of the date of a Variance, if/when approved. Attachment: A. Application B. Boundary Survey C. Affidavit of Authorization D. Letters of Support and Pictures VA-PL20150000886,226 Rookery Road Hearing 4/28/2016 Page 7 of 8 PREPARED BY: c:20........ c Y/6' /16' DANIEL JAM'S SMITH, AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: // eif------ 4/Cti‘ RAYM�� D . BELLOWS,ZONING MANAGER ATE ZONI DIVISION -``27/-- V - -2- 16 MICHAEL BOSI, AICP. DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING VA-PL20150000886,226 Rookery Road Hearing 4/2812016 Page 8 of 8 $ cntY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coiliergov.net (239)252-2400 FAX:(239)252-6358 VARIANCE PETITION APPLICATION Variance from Setbacks Required for a Particular Zoning District LDC section 9.04.00&Code of Laws section 2-83-2-90 Chapter 3 J.of the Administrative Code PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): Larry and Bonnie Lauffer Address: 226 Rookery Road City: Naples State: FL zip: 34114 Telephone: 239 732-8913 Cell: 304 527-3895 Fax: • E-Mail Address: lauffernaples@centurylink.net Name of Agent: Same as above Firm: Address: City: State: ZIP: Telephone: Cell: Fax: E-Mail Address: BE AWARE THAT COWER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. • 6/4/2014 Attachment A Page 1 of 6 9icountuntYff ke COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 I PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application: (If space is inadequate,attach on separate page) Property I.D.Number: 733800001 Section/Township/Range: 10 /51 /26 Subdivision: River Wood Estates Unit: 2 Lot: 9 Block: D Metes&Bounds Description: Total Acreage: Address/General Location of Subject Property: 226 Rookery Road I ADJACENT ZONING AND LAND USE Zoning Land Use N C-3,MH,Dockside PUD Mobil Homes,Vacant Property S Manatee Road E Argo Manatee PUD Vacant Property W C-4 Commercial Use Minimum Yard Requirements for Subject Property: (2) Front: 25 Corner Lot: Yes Q No ❑ Side: Waterfront Lot: Yes D No ❑i Rear: 10 Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. 6/4/2014 Page 2 of 6 Co e S r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 I ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Riverwood Estates Homeowners Association Mailing Address: 240 Riverwood Road City: Naples State: FL ZIP: 34114 Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: • Name of Homeowner Association: Mailing Address: City: State: ZIP: NATURE OF PETITION On a separate sheet,attached to the application, please provide the following: 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers,i.e.reduce front setback from 25 ft.to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be;etc. 2. For projects authorized under LDC Section 9.04.02,provide a detailed description of site alterations, including any dredging and filling. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria(a-h)listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location,size and characteristics of the land,structure,or building involved. 6/4/2014 Page 3 of 6 c• olke County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 1 b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land,building or structure and which promote standards of health,safety or welfare. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands,buildings,or structures in the same zoning district. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood,or otherwise detrimental to the public welfare. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves,lakes,golf course,etc. 0 h) Will granting the variance be consistent with the Growth Management Plan? 4. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? []Yes Xi No If yes,please provide copies. IP 6/4/2014 Page 4 of 6 O Co*r County COLLIER COUNTY GOVERNMENT Z800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for Variance Chapter 3 J.of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW #OF COPIES REQUIRED NOT REQUIRED Completed Application(download current form from County website) Q Q 0 Pre-Application Meeting Notes 1 ❑ Project Narrative [l Q ❑ Comoleted Addressing Checklist 1 0 ❑ Conceptual Site Plan 24"x 36"and one 8)4"x 11"copy 0 0 ❑ Survey of property showing the encroachment(measured in feet) 2 El ❑ Affidavit of Authorization,signed and notarized 2 ❑ ❑ Deeds/Legal's 3 ❑ ❑ • Location map 1 El 0 Current aerial photographs(available from Property Appraiser)with project boundary and,if vegetated,FLUCFCS Codes with legend 5 ❑ 0 induded on aerial Historical Survey or waiver request 1 ❑ ❑ Environmental Data Requirements or exemption justification 3 Q ❑ 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 _ J • Corer 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: 1-7❑ Bayshore/Gateway Triangle Redevelopment: ❑ Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet ❑ Addressing:Annis Moxam ❑ Graphics:Mariam Ocheltree ❑ City of Naples:Robin Singer,Planning Director ❑ Historical Review ❑ Comprehensive Planning:See Pre-Application Meeting Sign-In Sheet ❑ Immokalee Water/Sewer District: ❑ Conservancy of SWFL:Nichole Ryan ❑ Parks and Recreation:Vicky Ahmad ❑ County Attorney's Office:Heidi Ashton-Gcko ❑ Transportation Pathways:Stacey Revay El❑ Emergency Management:Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlock ❑ Engineering:Alison Bradford D Transportation Planning:John Podczerwinsky ❑ Other: 0 Utilities Engineering:Kris VanLengen FEE REQUIREMENTS 0 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 O 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 A1TN:Business Center 2800 North Horseshoe Drive Naples,FL 34104 Applicant Signature Date Printed Name • 6/4/2014 Page 6 of 6 1111 Collier County Government Growth Management Division 2800 North Horseshoe Drive Naples,FL 34104 Attn:Mr.Raymond Bellows Reference: Variance Request for 226 Rookery Rd,Naples,FL 34114 Nature of Petition(page 3 of 6) 1. Due to a Code citation, we are requesting a deviation from 4.02.01 of the Land Development Code for an enclosed carport to encroach 14.5' into the required 25' front yard setback along Lake Diane Drive and to encroach 12' into the required 25' front yard setback along Rookery Road(see site plan). Prior to purchasing the property,a permit in error was approved in 1982 for a carport. -reference existing carport as shown on boundary survey dated March 17,2004 -aerial photos ofproperty have not changed since original construction 411 -reference carport building permit 8242637 dated 6/28/1982,was approved -reference attached sketch for permit 8242637 -diagonal driveway,Rookery Rd.side to Lake Diane Lane side,has not changed -226 Rookery Rd is a corner lot with avery narrow"pie shape" -building/carport 226 Rookery Rd.is positioned diagonally on property -further setback ofthe home and carport isnot economically feasible -Collier Code enforcement advises enclosed carport doesn't meet setback requirements. 2. N/A 3 Staff Guidance recommendations a) Special conditions -226 Rookery Rd is a corner lot with a very narrow"pie shape"(see property map) -building/carport @226RookeryRd.ispositioned diagonally onproperty -226 Rookery Rd is one ofvery few comer lots with house positioned diagonally -further setback ofthe home and carport isnot economically feasible -diagonal driveway,Rookery Rd.side to Lake Diane Lane side,has not changed b) Perhaps,the original building and carport should have been setback further 411 and/or positioned parallel to either Rookery Rd orLake Diane Lane,to prevent any setback issues. c) The carport enclosure is complete,of hiiquality workmanship and blends nicely with the building structure.ie matching white vinyl siding,entry doors, reinforce garage doors,vinyl windows,eave troughs,fascia and landscaping (see attached photo dated 3/24/2015) d) This request is for appropriate setbacks and/or grandfathering of the current carport, in order to address the variance and thereby receive a Certificate of Occupancy.No additional setbacks are requested. e) This request is made without precedent. f) The petitioner reviewed the carport enclosure with nine(9)adjacent and close proximity neighbors and received signed approval documents (attached). Additionally, several other Riverwood Estates neighbors and the Riverwood Estates President signed approval documents(attached) g) This request does not impact any natural preserves or golfcourses(not applicable)or the manmade Lake Diane at the rear ofthe property. h) N/A. The Land Development Code regulates setbacks for Mobil Homes 4. The petitioner is not aware of any official interpretation or zoning verifications in the past year. Summary 4111 In summary,the petitioner has already invested over$12,000 in material and over 100 hours oflabor finishing and detailingthe subject enclosed carport. Denial ofthis request will result in significant loss as most ofthe material and all ofthe petitioner's labor will be lost,notwithstanding the variance and petition fees,services, labor and additional cost involved to remove and dispose ofthe enclosure. • • a . o m a o +. o at.r o r6 A N. m ( d 1 Ori . iill X15 o 'E t = a =-I 5 to J k F a� u a> N 0+/ '5141 11 6 B s E> � a ,:iii W c - ig.. wi 0 -4, us N ..: .• 1 :,... .. 5 Aye I § -E t - u 1 ddb « mS � -4 mil " u � o� wm o,`,o p$��r� `J �!.1 ` a A € .rpdd piA V 5 w g H N u - r•1 Iv $ 9d 19 � r = 7" I0 3F, @! i8i � s6; 3$Q gigi ya�gv!g i5� m .7;>d� Ia ; 19 Z1 5111 gig lyiC i 55ggg2 ige a gse r� ,Q c1 P7 ce p ti du 9 S 17 Yr�C p e• ki c Ia07�� a ��Q�� $�a � esu �a , .11! � �IRI. €>A rRFSiFWIii ytt 3 �SwI ' e« A i� iJm� ...Z$Jig ..... 8d W Go 1AIIx 2 04, g- ,, aq}� U i` �� GJ$uubetiE ezwl g, w4 4d4 . .5 d ..0 _ AS wtire, VI 0 q6 o Ali gciw o Oi ss 0. 9, �w azo. j o r Ci = ehr.14 . o lel al itt3g:1 li <m o� Nr=r �rYid a'Sljl WE q Z 0 4.5 o,b0-E .z'�'rr5a " "'z 3 `°C o qt.; oi =�.4'44-4E. p1 j`<p � a � m W F50 mz $a Z w� 6„,--6§ <2 4 V i`� e1 5 159 s-8 a �_rj<Vc€t,avF/,_ ` :9� P� • ip 'izy� tail uot.,7,5 6 Q g a €r0 0WVIdO c`w,iW id I' 1115-$11414 9 Iv I • 'or4 a rSW < �I�m W^rr` �~< � oz-18,-.a -g, w _ n1< so NcR PS � 8 " s6P 'XRm2 d5'mU112goYE , 0 1 - ____. ___ N rzz8r I • 1,4 liii 9. (®Q Ku) 3A910 VAVf1J 7/3 I (13131i 93e0W0 109)WAG 3NVa 3V/1 V3 I W — {_yam Oj --------------7---------1 1 1 '°°00 b�{ I - a) 3.4£,65; iSl 00 N f I CV 1D ,96 34401400 N L 3 Eg W� a EE { EI §611 I CK �jII qD / `~~ EJ aroc 'k CO1d La i h 10 p6 O $ ii o �*AI*� Yds v ;13 1 - pt( i s S � •tCf'y��,,� •/��,11 h h Q CD J 3Si^ `sir �`. � W I Q •4i `Va `• i5 sq N Irc R0 v. R { %I b r� t' N 2 b M ijn, • m I U . OC 2 = 6a- ea1 a w n„ , i® 9 ..� a w . .1Ei l ,. 6 _ %moi'� yA...5N- E >>& n 8 N 50m J C(] W WO PO 0 W Eg o o Y re fe co u3 N H Attachment B - P-.aOi5o000F8--‘_6 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) 1, �rv�l T/� C�F/C6print name),as (title, if applicable))of (company, If a licable),swear or affirm under oath,that I am the(choose one)owner applicantcontract 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 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. pass. • 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 appliicant'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. , Ly‘47 Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to(or affirmed)and subscribed before me on (9372f/2D (date)by Wit 4 6o0-4 (AU !K (name of person providing oath or affirmation), as 5( who is personally known to e or who has produced (type of identificatiwtification. STAMP/SEA��I�N�s A• ,'jj� Signa ry Public s 111) - Nb►�`1 ane A '808.4 (":�� LIC P,,�� Cr1oacoA��r, ��'�� REV 3/24/14 /, �I�t F'',' Attachment C Attn. Mr. Raymond Bellows Zoning Manager Collier County Dept. of Zoning and Land Development 2800 North Horseshoe Drive Naples,FL 34104 Reference: Mr. Larry Lauffer's garage enclosure at 226 Rookery Rd_, Naples FL 34114 Dear Mr. Bellows, Mr. Lauffer has advised us of his pending variance request and we submit this memo as our approval of his enclosed garage. The enclosure blends well with his home and is of high quality workmanship. As neighbors directly across, we hereby approve Mr. Lauffer's request and give him our signed approval for your consideration. Please advise if we can be of further support in this matter. 41111 Respectfully submitted, ck war t )42_ t o -e-- f -ter? 1-a-S ��, 3 !1 Li Date: ? / /Ki �. Signed: / Signed - .A ! /.. pL 20150000886 REV . 1 Attachment D I Attn. Mr. Raymond Bellows Zoning Manager Collier County Dept. of Zoning and Land Development 2800 North Horseshoe Drive Naples, FL 34104 Reference: Mr. Larry Lauffer's garage enclosure at 226 Rookery Rd.,Naples FL 34114 Dear Mr. Bellows, Mr. Laurer has advised us of his pending variance request and I submit this memo as my approval of his enclosed garage. The enclosure blends well with his home and is of high quality workmanship. As a neighbor directly across, I hereby approve Mr. Lauffer's request and give him my signed approval for your consideration. Please advise if I can be of further support in this matter. Respectfully submitted, Paul Frick 219 Rookery Rd. Naples, FL 34114 Date: 6I / / a- 1 Signed: G�z2 /t ) q/k1 Paul Frick I Attn.Mr. Raymond Bellows Zoning Manager Collier County Dept.of Zoning and Land Development 2800 North Horseshoe Drive Naples,FL 34104 Reference: Mr. Larry Lauffer's garage enclosure at 226 Rookery Rd., Naples FL 34114 Dear Mr. Bellows, Mr. Lauffer has advised us of his pending variance request and I submit this memo as my approval of his enclosed garage. The enclosure blends well with his home and is of high quality workmanship. As an adjacent neighbor,I hereby approve Mr.Lauffer's request and give him my signed approval for your consideration. Please advise if I can be of further support in this matter. Respectfully submitted, Adrian Bauer 37 Island Lake Lane Naples, FL 34114 • Date: l )3 / )5- Signed: SSigned: Adrian Bauer 41111 Attn.Mr.Raymond Bellows Zoning Manager Collier County Dept.of Zoning and Land Development 2800 North Horseshoe Drive Naples,FL 34104 Reference: Mr. Larry Lauffer's garage enclosure at 226 Rookery Rd.,Naples FL 34114 Dear Mr. Bellows, Mr.Lauffer has advised us of his pending variance request and I submit this memo as my approval of his enclosed garage. The enclosure blends well with his home and is of high quality workmanship. As a neighbor directly across, I hereby approve Mr.Lauffer's request and give him my signed approval for your consideration. Please advise if I can be of further support in this matter. Respectfully submitted, Fred Dreves 302 Rookery Rd. Naples,FL 34114 Date: / G / /$ Signed: _ , /, - Fred Dreves 111/ 1 Attn. Mr. Raymond Bellows Zoning Manager Collier County Dept. of Zoning and Land Development 2800 North Horseshoe Drive Naples,FL 34104 Reference: Mr. Larry Lauffer's garage enclosure at 226 Rookery Rd.,Naples FL 34114 Dear Mr. Bellows, Mr. Lauffer has advised us of his pending variance request and we submit this memo as our approval of his enclosed garage. The enclosure blends well with his home and is of high quality workmanship. As neighbors in close proximity,we hereby approve Mr. Lauffer's request and give him our signed approval for your consideration. 11 Please advise if we can be of further support in this matter. Respectfully submitted, Doug and Sandy Dennis 39 Island Lake Lane Naples,FL 34114 Date: 7 / 8 / /3 Signed: ,41/4.4(.0 Doug Dennis Signed: A7(46,4- 4--" Sandy Dennis 10 Attn. Mr. Raymond Bellows Zoning Manager Collier County Dept. of Zoning and Land Development 2800 North Horseshoe Drive Naples,FL 34104 Reference: Mr. Larry Lauffer's garage enclosure at 226 Rookery Rd.,Naples FL 34114 Dear Mr. Bellows, Mr. Lauffer has advised us of his pending variance request and we submit this memo as our approval of his enclosed garage. The enclosure blends well with his home and is of high quality workmanship. As neighbors in close proximity, we hereby approve Mr. Lauffer's request and give him our signed approval for your consideration. Please advise if we can be of further support in this matter. Respectfully submitted. Bruce and Sandy Bovingdon 3 Lake Diane Rd. Naples, FL 34114 Date: 7/ / Signed: Bruce Bovingdon Signed: .. / Sandy Bovingdon • Attn. Mr. Raymond Bellows Zoning Manager Collier County Dept. of Zoning and Land Development 2800 North Horseshoe Drive Naples, FL 34104 Reference: Mr. Larry Lauffer's garage enclosure at 226 Rookery Rd.,Naples FL 34114 Dear Mr. Bellows, Mr. Lauffer has advised us of his pending variance request and I submit this memo as my approval of his enclosed garage. The enclosure blends well with his home and is of high quality workmanship. As a Riverwood Estates neighbor,I hereby approve Mr.Lauffer's request and give him my signed approval for your consideration. Please advise if I can be of further support in this matter. Respectfully submitted, Jody Whan 12 Twin Palms Drive Naples, FL 34114 Date: .j/ / 7 / /5 Signed: 3_ 76(4-----/ Jody Whan • Dan Smith Planning Services 2800 Horseshoe Drive North Naples FL 34104 Dear Sirs: I am writing concerning the request for a variance filed by Larry and Bonnie Lauffer. I feel the variance should be granted since the carport fits perfectly well on the property and doesn't look at all out of proportion. The Lauffers have over the years made • huge improvements to their property. Their home is a definite asset to the park. I live at 37 Island Lake Lane just around the corner from the Lauffers. I cannot attend the hearing as I am in Ohio. Adrian Bauer Attn.Mr. Raymond Bellows Zoning Manager Collier County Dept. of Zoning and Land Development 2800 North Horseshoe Drive Naples, FL 34104 Reference: Mr. Larry Lauffer's garage enclosure at 226 Rookery Rd.,Naples FL 34114 Dear Mr. Bellows, Mr. Lauffer has advised us of his pending variance request and I submit this memo as my approval of his enclosed garage. The enclosure blends well with his home and is of high quality workmanship. As a Riverwood Estates property owner and President of the Riverwood Estates HOA, I hereby approve Mr.Lauffer's request and give him my signed approval for your consideration. • Please advise if I can be of further support in this matter. Respectfully submitted, David Huff, Fr i,e " Rre 4& t,Riverwood Estates HOA 211 Riverwood Road Naples, FL 34114 Date: 4/ / 7 / Signed: X41101r. David Huff • • Attn. Mr.Raymond Bellows Zoning Manager Collier County Dept. of Zoning and Land Development 2800 North Horseshoe Drive Naples,FL 34104 Reference: Mr. Larry Lauffer's garage enclosure at 226 Rookery Rd.,Naples FL 34114 Dear Mr.Bellows, Mr. Lauffer has advised us of his pending variance request and we submit this memo as our approval of his enclosed garage. The enclosure blends well with his home and is of high quality workmanship. As neighbors directly across, we hereby approve Mr. Lauffer's request and give him our signed approval for your consideration. • Please advise if we can be of further support in this matter. Respectfully submitted, Steven and Sandy Kinnear 215 Rookery Rd. Naples, FL 34114 Date: 4- / j . / oZ0 C5 Signed: )4-/-(A.N.:2/671;1126%-*, Steven Kinnear Signed:. ' to 1 11.41. _A V Sandy Kinnear • Attn. Mr. Raymond Bellows Zoning Manager Collier County Dept. of Zoning and Land Development 2800 North Horseshoe Drive Naples,FL 34104 Reference: Mr. Larry Lauffer's garage enclosure at 226 Rookery Rd.,Naples FL 34114 Dear Mr. Bellows, • Mr. Lauffer has advised us of his pending variance request and we submit this memo as our approval of his enclosed garage. The enclosure blends well with his home and is of high quality workmanship. As neighbors directly across, we hereby approve Mr. Lauffer's request and give him our signed approval for your consideration. Please advise if we can be of further support in this matter. • Respectfully submitteid,. � v 1 LL A/0 Date: 4 / / l Signed: 64740„ Signed: • Attn. Mr.Raymond Bellows Zoning Manager Collier County Dept. of Zoning and Land Development 2800 North Horseshoe Drive Naples,FL 34104 Reference: Mr. Larry Lauffer's garage enclosure at 226 Rookery Rd.,Naples FL 34114 Dear Mr. Bellows, Mr. Lauffer has advised us of his pending variance request and I submit this memo as my approval of his enclosed garage. The enclosure blends well with his home and is of high quality workmanship. As a neighbor directly across,I hereby approve Mr. Lauffer's request and give him my signed approval for your consideration. • Please advise if I can be of further support in this matter. Respectfully submitted, Bill Bush 217 Rookery Rd. Naples,FL 34114 Date: 7 / 7 / Signed: 1- I Bill Bush • Attn. Mr. Raymond Bellows Zoning Manager Collier County Dept. of Zoning and Land Development 2800 North Horseshoe Drive Naples,FL 34104 Reference: Mr. Larry Lauffer's garage enclosure at 226 Rookery Rd.,Naples FL 34114 Dear Mr. Bellows, As owner of the adjacent property,this is my signed approval for the subject variance request for your consideration. Please advise if I can be of further support in this matter. Respectfully submitted, • Larry Lauffer 224 Rookery Rd. Naples,FL 34114 Date: 11 / 71 T c�/fir Signe,: _ Larry Lauffer • Attn. Mr. Raymond Bellows Zoning Manager Collier County Dept. of Zoning and Land Development 2800 North Horseshoe Drive Naples,FL 34104 Reference: Mr. Larry Lauffer's garage enclosure at 226 Rookery Rd.,Naples FL 34114 Dear Mr. Bellows, Mr. Lauffer has advised us of his pending variance request and we submit this memo as our approval of his enclosed garage. The enclosure blends well with his home and is of high quality workmanship. As neighbors in close proximity, we hereby approve Mr. Lauffer's request and give him our signed approval for your consideration. IIIPlease advise if we can be of further support in this matter. Respectfully submitted, Stephanie Flor and Brian Kirkpatrick 205 Rookery Rd. Naples, FL 34114 Date: G/ / 7 / / s"- Signed: /_ �/_� . e� 8 Stephanie Flor Signed: ISZA,.. ..i /94/le Brian Kirkpatrick III _= _= - -,--,..------7,--:14-- --'1'-'-' i - `� - '' 3 = 0 Y t _..'011 a IIS g _Ti 7.11 4' \tit i q L'///., Vi �r } •,-$5.,_„,_,,_=7_, s .'{ - aa _, -, ^s �as, � ` .": • • v. 71t ve- -l* ,r ' "E. ,,,sir is � --4--,-,_.,-- -} -4'' .4,1;,..;4.1;4' w-- �` - W"im' --. #' =','-' � am ~ -a '1 •.'S'--- y- � u- -P • �- ` �ly'- T*-;;t ' fi ,# '- T�4 ' i Y "'"?..• k�l #',r := :"..';• , s s#* -4.",,,,,-" „f3 "Z. 'jl � . . §- n +a ` y '�'.- T - F,a; -� § 4 ,,,._.1•14,, yp 75c � ..' 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Ate*,.:] -'•"..-,------„mss rS. f§- Ki .f . .F,- -wP `&.. >x ..q ..r',ya f h. .tt ` Si ..�e „' .F ..,-,„_,i; ..$ ..--7-*',y ,.,... Y, '1� t , )` ,-...$-*: 9�h ,ii 45 �' .hc i -`4,4-;_:,:7- '4 .74.. T „ T'S- •.'. s-;j'l ' l i . -- --- 4A.11-7---- 7°-:- �^t'„J' sa''�.' '5+,�+1 Fxt ' ,S .'- +io,„/.. d,. �-h �` ,,'''.4.--.7-..-. i a r� e.,4:-,T- F..--- q``^44--.5,,,1„,:_ j:4g "4 % -4,4,i-i--of -, y ""1{iP"r �' -f`- - z' 'ti +o. .-,41---t.-..._44-r--,=-., i '`xc _'�,. ` `+�,;`'. z - ;q' - yg;. ,E AGENDA ITEM 4-C Co er County ny STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: APRIL 28, 2016 SUBJECT: PETITION NO.: PDI-PL20160000467, EAST GATEWAY MPUD OWNERJAPPLICANT: AGENTS: BC Naples Investments. LLP D. Wayne Arnold, AICP 2600 Golden Gate Parkway Q. Grady Minor& Associates, PA Naples, FL 34105 3800 Via Del Rey Bonita Springs,FL 34134 Richard D. Yovanovich, Esq. Coleman, Yovanovich& Koester, PA 4001 Tamiami Trail North. Suite 300 Naples. FL 34103 REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial amendment to the East Gateway MPUD to allow the following changes: o Reduce the single family/zero lot line minimum lot area from 3,190 SF to 2,480 SF; and o Correct a scrivener's error(Section 5.7 was previously stricken, but the header was not). GEOGRAPHIC LOCATION: The subject property, consists of 37.35± acres, is located on Davis Boulevard, approximately one- quarter of a mile west of the intersection with Collier Boulevard. in Section 34, Township 49 South. Range 26 East, Collier County, Florida. PURPOSE AND DESCRIPTION OF PROJECT: During the East Gateway PUD Amendment process in 2015, the Board of County Commissioners voted to have sidewalks on both sides of the street in the proposed development. In order to accommodate the double-loaded sidewalks, the Applicant wishes to reduce the lot area of the single family/zero lot line units from 3,190 SF to 2,480 SF. This constitutes an insubstantial change to the PUD. PDI-PL20160000467:East Gateway MPUD Page I of 7 April 28.2016 HEX Revised:4-12-2016 IL •••1111114' s 1: -� PI ri i - _ �iY a . m ' „gam i_ : IMINMIIIM\ us ---''"414! 115 3 ' r- I 0 iii 51 0"r K ia L.IIII-.1a. a , / t i �v.'\3113. o oaC a. J •c to O ,57: . l ;., 011. N . 4 ME ME ter : MINI 111111111 0 CD $ if® w® , . . 3 .M - ti o 0 D co CI lip ireL `' a i . Inor .., lirailli ® v 3Memi61.1 11111•111111•1111•11 (-... T"'''' 13 N E J^ – 1.L f0 Z ° N °' N E N N M t0 Z 0 C ) U O - CD ,' 4 ...� o IL J c0 O Ca. tNI CD a co We J91p03 2 ob N el O o O ntl .••• CO a V to j d CZ c le Nvr6:\ 1 cc mc9 '� (4,>... ai ani Jgaige E cc So4a. p5O le C t) E 0 0 0 SURROUNDING LAND USE AND ZONING: North: Interstate 75 ROW, across which is the undeveloped Collier Boulevard Mixed Use Commerce Center PUD; density: 10 DU/A. East: The partially developed I-75/Alligator Alley CPUD; a maximum of 265,000 square feet of commercial. South: Davis Boulevard ROW; across which is the partially developed Westport Commerce Center MPUD; a maximum of 350,000 square feet of commercial and 218.000 square feet of industrial. West: Multifamily residences; zoned Saddlebrook Village PUD; density: 1299. �: _ nom.• t 'ff it - bj t AI .� �. S„Araiite ti ; , (AEI Y FSS+! zs Aerial Photo(Collier County Property Appraiser) PDI-PI,2[)160000467:East Gateway MPUI) Page 3 of 7 April 28.2016 11EX Res°ised:4-12-2016 di i A ■s N 1.Li; .a I I 1� i NI s, IL . t i 1 1 1 I I L l __' (N, 1 __ '-'ilf). :,,,,liPc"N „ I L PIXI Cnat t►N••t..0 0, L .... c•-' Jul _ --\ ! r /-----i. , aNIR aMIR Mil �� ..s.. E _ s-11r- L , et 11111111-rillinre.11111.111 1 = : r -1r.... • r—: ' T'.1!i "'y_ .1 _. \ an. .r M I I { ,IIy wr —na. °+ ,\ Tr Arm P .t411 i -•3'r:•.' OM gt tt• '*.a i '�' ( j ��y IT le ' ''� n ! 1- I v ) 3 ' r0--'-. „:` (17. 1-4:Li 41 T , (Activity Center Number 9—East Gateway MPUD Highlighted in Red) ANALYSIS: The proposed change will not affect abutting properties, it is a change which will affect internal property relationships. Sections 10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code set 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 have been listed as follows: PDI-PL20160000467:East Gateway MPUD Page 4 of 7 April 28,2016 HEX Revised:4-12-2016 10.02.13.E.1 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 PUD. 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. The number of dwelling units remains at a maximum of 250. 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 as designated on the approved Master Plan. The preserve acreage remains at 7.72 acres. 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 is to decrease minimum residential lot area.. 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,there are no substantial impacts resulting from this amendment. 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? The proposed change 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 change will only affect areas internal to the PUD. PDI-PL20160000467:East Gateway MPUD Page 5 of 7 April 28,2016 HEX Revised:4-12-2016 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? No, this modification is in compliance with the Future Land Use Element of the Growth Management Plan. 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. East Gateway MPUD is not a DRI, so this criterion is not applicable. 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 change is not deemed to be substantial. NEIGHBORHOOD INFORMATION MEETING(NIM): The Applicant requested a waiver of the NIM, which was granted. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report on April 6,2016. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20160000467 with the following condition: Due to the continued operational failure at the intersection of Davis Boulevard and Market Street,no Certificates of Occupancy shall be issued until the Davis Boulevard and Market Street intersection traffic signal and the interconnection from the Davis Boulevard-Market Street intersection to Bedzel Circle(including the required improvements along Davis Boulevard)are constructed and operational. Attachments: A. Application PDI-PL20160000467:East Gateway MPUD Page 6 of 7 April 28,2016 HEX Revised:4-12-2016 PREPARED BY: A FRED PtEiSCL HL, AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: 4. f. /6 RAY ND V. BELLOWS, ZONING MANAGER DATE ZON G DIVISION Cr - P- lc MIKE BOSI, AICP. DIRECTOR DATE ZONING DIVISION PDI-PL20160000467:East Gateway MPUD Page 7 of 7 April 28,2016 HEX Revised:4-5-2016 Co er County • COLDER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 INSUBSTANTIAL CHANGE TO A PUD (PDI) LDC subsection 10.02.13 E&Code of Laws section 2-83—2-90 Ch.3 G.3 of the Administrative Code 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 pi. 2016 0 00 04 6 7 REV 1 PROJECT NAME To be completed by staff DATE PROCESSED Pk, ac3 r 0000/4. - APPLICANT CONTACT INFORMATION 4 . BC Naples Investments, LLP Name of Applicant(s). Address: 2600 Golden Gate Pkwy City: NaplesState: FL ZIP: 34105 Telephone: 239.262.2600 Cell: Fax: E-Mail Address: dgenson@barroncollier.com Name of Agent: D. Wayne Arnold / Richard D. Yovanovich Folio#:00297000004 Section: 34 Twp: 49 Range: 26 Firm: Q. Grady Minor and Associates, P.A. / Coleman, Yovanovich and Koester, P.A. Address: 3800 Via Del Rey City: Bonita Springs State: FL Zip: 34134 Telephone: 239-947-1144 Cell: Fax: E-Mail Address: wamold@gradyminor.com / ryovanovich@cyklawfirm.corn • 6/17/2015 Page 1 of 5 Co er County 410 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliereov.net (239)252-2400 FAX:(239)252-6358 DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? 0 Yes ❑ No ❑ 1. If applicant is a land trust,so indicate and name the beneficiaries below. ❑ 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. Q 3. If applicant is a partnership, limited partnership or other business entity,so indicate and name principals below. Q 4. If applicant is an owner, indicate exactly as recorded,and list all other owners, if any. ❑ 5. If applicant is a lessee,attach copy of lease,and indicate actual owners if not indicated on the lease. ❑ 6. If applicant is a contract purchaser,attach copy of contract, and indicate actual owner(s) name and address below:(If space is inadequate, attach on separate page) • DETAIL OF REQUEST On a separate sheet,attached to the application,describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1.. PROPERTY INFORMATION PUD NAME: East Gateway ORDINANCE NUMBER: 2016-02 FOLIO NUMBER(S): 00297000004 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? 0 Yes ❑No • 6/17/2015 Page 2 of 5 Co et County COLDER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliereov.net (239)252-2400 FAX:(239)252-6358 If no, please explain: Has a public hearing been held on this property within the last year? 0 Yes ❑ No NAPLES INVESTMENTS, LLP If yes, in whose name? BC Has any portion of the PUD been❑SOLD and/or❑ DEVELOPED? Are any changes proposed for the area sold and/or developed? ❑Yes ❑ No If yes, please describe on an attached separate sheet. • 6/17/2015 Page 3 of 5 Coen County COLLIER COUNTY UN GOVERNMENT • 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 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 FOR REVIEW #OF REQUIRED NOT COPIES REQUIRED ✓Completed Application(download current form from County website) 16 Q 0 ✓Pre-Application Meeting notes 1 ❑ _ Q P ject Narrative,including a detailed description of proposed changes 16 Q ❑ and why amendment is necessary Detail of request ❑ Q ❑ Current Master Plan &1 Reduced Copy ❑ [� ❑ Revised Master Plan& 1 Reduced Copy ❑ 0 0 i_,-.Revised Text and any exhibits ❑ z Q PUD document with changes crossed through&underlined ❑ ❑ x❑ • PUD document as revised with amended Title Page with Ordinance# ❑ 0 artanty Deed ❑ Q C -1 Description ❑ 0 0 Boundary survey,if boundary of original PUD is amended El ❑ [� If PUD is platted,include plat book pages 0 Q identifying Owner&all parties of corporation 2 LJ 0 gfrefavit of Authorization,signed&notarized 2 X ❑ rifpleted Addressing Checklist 1 [ _� opy of 8 Y2 in.x 11.in.graphic location map of site 1 E] ❑ Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all materials ❑ El ❑ to be submitted electronically in PDF format. *If located in Immokalee or seeking affordable housing,indude 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. I 6/17/2015 Page 4 of 5 $ 9nty • COLUER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.collieraov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District(Residential Components):Amy 1-1 Bayshore/Gateway Triangle Redevelopment: Lockheart Executive Director ❑ Utilities Engineering:Kris VanLengen ❑ Parks and Recreation:Vicky Ahmad ❑ Emergency Management:Dan Summers ❑ Naples Airport Authority:Ted Soliday ❑ Conservancy of SWFL:Nichole Ryan ❑ Other: ❑ City of Naples:Robin Singer,Planning Director ❑ Other: FEE REQUIREMENTS O PUD Amendment Insubstantial(PDI):$1,500.00 O Pre-Application Meeting:$500.00 O Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 The completed application,all required submittal materials,and fees shall be submitted to: . Growth Management Department/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples,FL 34104 Applicant/. 'er Miririgr Date Douglas E. Baird, Vice President of Barron Collier Management, LLC, Authorized Agent of BC Naples Investments, LLP Applicant/Owner Name(please print) • 6/17/2015 Page 5 of 5 pi. 20160000467 REV I Sharon Umpenhour From: BellowsRay <RayBellows@colliergov.net> • Sent: Monday, February 15,2016 4:10 PM. To: Wayne Arnold;ReischlFred Cc: Sharon Umpenhour Subject: RE: East Gateway PUD HI Wayne, I agree that the pre-app. meeting can be waived for this PDI request. Ray From:Wayne Arnold[WArnold@gradyminor.com] Sent:Monday, February 15,2016 10:32 AM To:BellowsRay;ReischlFred Cc:Sharon Umpenhour Subject:East Gateway PUD Guys,Barron Collier needs a PDI to slightly modify the lot area requirement for their zero lot line product type. With the road x-section change,they are coming up a little short on lot area. Can you please waive the pre-application meeting on this one? I need to get the PDI submitted so it doesn't slow down the plat they want to file in the next few weeks.Thank you, Wayne • D.Wayne Arnold,AICP Planning Director (cid:im ge001.iPROO1D167DC.2BC43500] 3800 Via Del Rey Bonita Springs,FL 34134 Phone-239.947.1144 Fax-239.947.0375 Web-htta://www.Rradvminor.com<http://www.gradyminor.com/> DISCLAIMER:This communication from Q. Grady Minor&Associates,P.A.,along with any attachments or electronic data is intended only for the addressee(s)named above and may contain information that is confidential, legally privileged or otherwise exempt from disclosure. The recipient agrees and accepts the following conditions:The electronic file/data is for informational purposes only and is the responsibility of the recipient to reconcile this electronic file/data with the approved and certified"plan of record"along with actual project site conditions.Q.Grady Minor&Associates,P.A. reserves the right to revise, update and improve its electronically stored data without notice and assumes no responsibility due to a virus or damages caused by receiving this email. 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 a 20160 00 04 6 7 REV 1 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) East Gateway MPUD Vice President of Barron Collier Management,LLC I, Douglas E. Baird (print name), as as Authorized Agent (title, if applicable)of BC Naples Investments, LLP (company, If a licable), swear or affirm under oath, that i am the (choose one) owner 115.applicants 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 0 Grady Minor and Associates.P A and Coleman.Yovanovich 8 Koester,P A, to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • if the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (LC.), then the documents should typically be signed by the Company's "Managing Member" • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • if the applicant is a trust, then they must include the trustee's name and the words "as trustee". • in each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury,1 declare that I have read the foregoing Affidavit of Authorization and that the facts stated ' it are.true. igna ure Date Do as :Baird, Vice President of Barron Collier Management, LLC. as Authorized Agent of BC Naples Investments, LLP STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed) and subscribed before me on .ri L'' 1 CIt,(date) by Douglas E.Baird (name of person providing oath or affirmation), as Vice President or Barron Collier Management,LLC who is personally known to me or who has produced (type of identification) as identification. AJLLWI /IaLA/ ()/STAMP/SEAL Signature oNotary Public ��\111111111111/y�� SSIOi►r �yi ... * •' m� �• lez /EE 8118 .•OQ CP108 COA 00115\155 9;• REV 3/24/14 /11/1-1011,(14,1110, , . East Gateway MPUD PL 2016 0 0 0 0 4 4 7 REV 1 Disclosure of Interest Information411 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. BC Naples Investments, LLP 100% 2600 Golden Gate Parkway Naples, Florida 34105 Officers/Stockholders Percentage of Ownership/Stock Barron Collier III 20% Lamar Gable Revocable Trust dtd 08/29/08 10% Frances G.Villere 10% Juliet C.Sproul Testamentary Trust 20% MC Naples Investments, LLP 40% • ©GradyMinor Page 1of1 Civil Engineers•Land Survc)ars•Ptamurs•Landsrapc AmhUrctc IEIGradyMinor PL 2016 0 0 0 0 4 6 7 REV 1 • Civil Engineers • Land Surveyors • Planners • Landscape Architects February 25, 2016 Mr. Mark Strain Collier County Hearing Examiner 2800 Horseshoe Drive North Naples, FL 34104 Re: East Gateway MPUD, Insubstantial Change to a PUD Dear Mr. Strain: We respectfully request a waiver from the requirement to hold a Neighborhood Information Meeting (NIM) for the above-mentioned PUD Insubstantial Change application. The proposed request is an insubstantial change to modify the single family / zero lot line minimum lot area from 3,190 square feet to 2,480 square feet in Sections 3.5 and 4.5 of Ordinance 2016-02. The modification will not have any impact on adjacent properties internal or external to the project. • Please contact me if there are any questions regarding these submittals. Sincerely, l 0. I D. Wayne Arnold,AICP c: Via email David Genson Richard D.Yovanovich, Esq. GradyMinor File • Q.Grady Minor&Associates, P.A. Ph. 239-947-1144 Fax.239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs. FL 34134 www.gradyminor.com 1 + _ v '�r�RsT47-6.., • sa.7 N . 3C - • DEVIATIONS: • W W W .. - W PRESRVE" W W W W W • W W + .. (5471) .. W W W SEE SECTION 2.13 OF THE PUDW • y W y W W W W .. ,. W ,. . 0 130' 3C0' ORDINANCE • SCALE: I" = 300' L1] ON-PREMISE DIRECTIONAL SIGN "I/B/R"TRACT t/BIR I �2] RIGHT-OF WAY WIDTH I 301 o INDUSTRIALBUSINESS PARK OR -0 N RESIDENTIAL DEVELOPMENT I 3j PRESERVATION STANDARDS - CO a - 14 PRESERVATION STANDARDS I n m o I _z m \ � rn , 170 m I 3_y I 04 a X ZONED: PUD 1� N12 t'-' - ZONED: I-75/ALLIGATOR USE: MULTI-FAMILY ALLEY CPDD RESIDENTIAL o rn I USE: UNDEVELOPED, I rn HOTEL AND c -0 I RESTAURANTS • -I m TRACT "C/R" W - PRESERVES. I COMMERCIAURESiDENTIAL T • • • REQUIRED:7.72±ACRES* DEVELOPMENT - • (30.87±ACRES NATIVE VEGETATION_ m v T a %.' I •• X 25%=7.72±ACRES) C - r"4 `6.37±ACRES OF PRESERVE SHALL BE I Cl) f \ l n \ RETAINED ON-SITE AND 1.35±ACRES 11 WILL BE PROVIDED OFF-SITE. I o Z 1 \ \ tth BEDZEL CIRCLE PRESERVE(0.4±) NOTES co 25'WIDE TYPEL'D'BUFFERI25'WLDE TYPED'BUFFER _ 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR DAVIS BOULEVARD(100'ROW) MODIFICATION DUE TO AGENCY SITE SUMMARY PERMITTING REQUIREMENTS. • 2. ALL ACREAGES, EXCEPT PRESERVE, TRACT"C/R" 20±ACRES(200,000 SF/598 DU') • ARE APPROXIMATE AND SUBJECT TO TRACT"I/B/R" 171 ACRES(250,000 SF!598 DU`) MODIFICATION • AT THE TIME SDP TOTAL PROJECT AREA 37±ACRE ORRPLAT APPROVAL IN ACCORDANCE WITH THE LDC. •A MAXIMUM OF 250 UNITS ARE PERMITTED WITHIN THE MPUD • EAST GATEWAY MPUD .� ®Grady4 !nor V.w-A�mA.,mawwmn r toclo ��D»2n, XO NM..*TOO.Minna 3413+ EXHIBIT A OM • A. CM Engineers . Land Surveyors . Planners • Landscape Artdtlicttla MASTER PLAN 1,rs.A1X Gni o.wA M MOM Ow evar a w,,,: ..r44 u wsnuw REVISED 01/12/2015 •'•`••._.••"••••. DWI IN*Igo.21.9.1711;{ u A v.tio w d))r1Ay..rya Fon Nor":230.69,43110 MEV 1 o? t \*,aX1.10C4\ri.1S\ad•4':o i\i IC. -R.MlliMu^\SrRd-[AST o.T(woY.L6 N.K4O\')A@i*CS\Ct9U)A DOW A-WAVER SRM 8-.C.0F,1 1/1 12716 N?!01 pL20160000467 REV I • East Gateway MPUD Insubstantial Change to a PUD Project Narrative and Detail of Request Project Narrative The East Gateway MPUD was approved in 2003 as Ordinance 2003-11 and subsequently amended in 2016 as Ordinance 2016-02. The property owner/developer is proposing minor changes to the PUD document,which would revise the single family/zero lot line minimum lot area from 3,190 square feet to 2,480 square feet in Sections 3.5 and 4.5. This is in part due to the required right-of-way cross-section approved in Ordinance 2016-02,which requires dual sidewalks throughout the community. Additionally,the property owner has a more definitive product type for the zero lot line project and the proposed lot area is the required minimum for that unit type. The numbering of Section 5.8 and 5.9 has also been revised as all of Section 5.7 was stricken in the previous amendment but the Section header "5.7 Environmental" was not stricken. This represents a scrivener's error/correction. Detail of Request Insubstantial Change Criteria LDC Subsection 10.02.13 E.1 E. Changes and amendments. There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. Language changes to a previously approved PUD document shall require the same procedure as for amending the official zoning atlas, except for the removal of a commitment for payment towards affordable housing which is considered to be a minor change as described in Section 10.02.13 E.3.c. 1. Substantial changes. Any substantial change(s) to an.approved PUD Ordinance shall require the review and recommendation of the Planning Commission and approval by the Board of County Commissioners as a PUD amendment prior to implementation. Applicants shall be required to submit and process a new application complete with pertinent supporting data, as set forth in sections 10.02.13 A and B. For the purpose of this section, a substantial change shall be deemed to exist where: a.There is a proposed change in the boundary of the PUD;or NO • Gractyk•1lnor 04/01/2016 enn KnOrsxrs•Land Sune'ors•Planners•Landscape Arch k rls b. There is a proposed increase in the total number of dwelling units or intensity of land • use or height of buildings within the development; NO c. There is a proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; No net change in preserve, recreation or open space results from this amendment. d. There is a proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; No increase in non-residential uses or areas for non-residential uses are proposed. e. There is 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 additional traffic or public facility impacts will result from the request regarding accessory structures. f. The change will 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 g. The change will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; NO h. The change will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; NO i. Any modification 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 element of • GradyMinor 04/01/2016 Ch41 linginrus•land Surer ors•Planners•Landscape Arrhllccls • the growth management plan or which modification would increase the density or intensity of the permitted land uses; The PUD and proposed changes are consistent with the Collier County Growth Management Plan. j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.5. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, 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 this section 10.02.13 of this Code;or The project is not a DRI. k. Any modification in 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 this section 10.02.13 The proposed modifications do not meet the standards for a substantial modification and create no external impacts. • • GradyMinor 04/01/2016 CNN Engineers•Land Surveyors•Planners•Landscape Artltltccls SECTION III COMMERCIAL/RESIDENTIAL DEVELOPMENT AREA(TRACT"C/R") **** **** Text Break **** **** 411) 3.5 DEVELOPMENT STANDARDS (RESIDENTIAL) (TRACT"C/R") PRINCIPAL STRUCTURES TOWNHOUSE TWO-FAMILY MULTI- SINGLE FAMILY SINGLE FAMILY ZERO LOT LINE FAMILY DETACHED Minimum Lot Area 1,800 SF 2,62S SF N/A 3-1982,480 SF 5,000 SF Minimum Lot Width 18 feet 35 feet N/A 31 50 Minimum Lot Depth 100 feet 75 feet N/A 80 100 Min. Front Yard Setback*2 20 feet 20 feet 20 feet 20 feet 20 feet Min.Side Yard Setback 0 or 5 feet 0 or S feet 10 feet 0 or 10 feet*3 5 feet Min. Rear Yard Setback*4 1S feet 10 feet 15 feet 10 feet 10 feet Maximum Building Height Zoned 40 feet 40 feet 45 feet 30 feet 30 feet Actual 45 feet 45 feet 50 feet 35 feet 3S feet Y4 the zoned Minimum Distance Between Structures*1 10 feet 1 Story-12 building 10 feet 10 feet 2 Story—20' height Floor Area Min.(S.F.),per unit 750 SF 750 SF 7S0 SF 1,500 SF 1,500 SF Min PUD Boundary Setback 2S feet 25 feet 25 feet 20 feet 20 feet • r J ACCESSCIRYIK8 eATRE-- _, -; _-b 3 . ,„ :, .Y; ,.r}:• ,-4.,;,,i,,,-.-,....„ . Min.Front Yard Setback 20 feet 20 feet 20 feet 20 feet 20 feet Min.Side Yard Setback 5 feet 0 feet*1 0 feet*1 5 feet 5 feet Min.Rear Yard Setback*4 10 feet S feet 10 feet 3 feet 3 feet Min.PUD Boundary Setback 15 feet 1S feet 15 feet 1S feet 15 feet Minimum Distance Between Structures 0/10 feet 0/10 feet 0/10 feet 0/10 feet 0/10 feet Maximum Height*5 Zoned 25 feet 25 feet 35 feet 25 feet 25 feet Actual _ 30 feet 30 feet 30 feet 30 feet 30 feet Minimum lot areas for any unit type may be exceeded. The unit type,and not the minimum lot area,shall define the development standards to be applied by the Growth Management Division during an application for a building permit. *1—Building distance may be reduced at garages to a minimum of 0' where attached garages are provided and a 10' minimum separation is maintained,if detached. *2—Front entry garages must be a minimum of 23'from a sidewalk. The minimum 20'setback for a residence may be reduced to 14'for a side-loaded or rear entry garage. Porches,entry features and roofed courtyards may be reduced to 14'. *3—Minimum separation between adjacent dwelling units shall be 10'. *4- Landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or lake tracts and not be within a platted residential lot. Where a home site is adjacent to a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts, the principal and accessory structure setback on the platted residential lot may be reduced to zero (0) feet where it abuts the easement/tract. *5—Privacy walls for zero lot fine units may be constructed to a maximum height of 8'. Note:nothing in this MPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. 11111 Words are deleted;words underlined are added DRAFT 2016-02 (2016PD1)Revl Revised 04/01/2016 SECTION IV I INDUSTRIAL/BUSINESS PARK OR RESIDENTIAL DEVELOPMENT AREA 1 0 (TRACT"I/B/ ') **** **** Text Break **** **** 4.5 DEVELOPMENT STANDARDS (RESIDENTIAL) (TRACT"I/B/R"): PRINCIPAL STRUCTURES TOWNHOUSE TWO-FAMILY MULTI-FAMILY SINGLE FAMILY SINGLE ZERO LOT LINE FAMILY DETACHED Minimum Lot Area 1,800 5F 2,625 5F N/A 34982,480 5F 5,000 SF Minimum Lot Width 18 feet 35 feet N/A 31 50 Minimum Lot Depth 100 feet 75 feet N/A 80 100 Min.Front Yard Setback*2 20 feet 20 feet 20 feet 20 feet 20 feet Min.Side Yard Setback 0 or 5 feet 0 or S feet 10 feet 0 or 10 feet*3 S feet Min.Rear Yard Setback*4 1S feet 10 feet 15 feet 10 feet 10 feet Maximum Building Height Zoned 40 feet 40 feet 45 feet 30 feet 30 feet Actual 45 feet 45 feet 50 feet 35 feet 35 feet Minimum Distance Between Structures*1 10 feet 1 Story—12' 34 the zoned 10 feet 10 feet 2 Story—20' building height Floor Area Min.(5.F.),per unit 750 5F 7S0 SF 7S0 SF 1,500 5F 1,S00 SF Min.PUD Boundary Setback 15 feet 1S feet 20 feet 1S feet 1S feet • Min.Preserve Setback 2S feet 25 feet 25 feet 25 feet 2S feet 'ACCESSOR,''-.,R e,E,. E:` - f .2,-2.. r Min.Front Yard Setback 20 feet 20 feet 20 feet 20 feet 20 feet Min.Side Yard Setback 5 feet 0 feet*1 0 feet*1 S feet S feet Min.Rear Yard Setback*4 10 feet 5 feet 10 feet 3 feet 3 feet • Min.PUD Boundary Setback 15 feet 15 feet 15 feet 1S feet 15 feet Min.Preserve Setback 10 feet 10 feet 10 feet 10 feet 10 feet Minimum Distance Between Structures 0/10 feet 0/10 feet 0/10 feet 0/10 feet 0/10 feet Maximum Height*5 Zoned 25 feet 25 feet 3S feet 25 feet 25 feet Actual 30 feet 30 feet 30 feet 30 feet 30 feet Minimum lot areas for any unit type may be exceeded. The unit type,and not the minimum lot area,shall define the development standards to be applied by the Growth Management Division during an application for a building permit. *1 — Building distance may be reduced at garages to a minimum of 0' where attached garages are provided and a 10' minimum separation is maintained,if detached. *2—Front entry garages must be a minimum of 23'from a sidewalk. The minimum 20'setback for a residence may be reduced to 14'for a side-loaded or rear entry garage. Porches,entry features and roofed courtyards may be reduced to 14'. *3—Minimum separation between adjacent dwelling units shall be 10'. *4-Landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or lake tracts and not be within a III platted residential lot. Where a home site is adjacent to a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts,the principal and accessory structure setback on the platted residential lot may be reduced to zero (0) feet where it abuts the easement/tract. *5—Privacy walls for zero lot line units may be constructed to a maximum height of 8'. Note:nothing in this MPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. Words are deleted;words underlined are added DRAFT 2016-02(2016PD1)Revl Revised 04/01/2016 SECTION V DEVELOPMENT COMMITMENTS **** **** Text Break **** **** • 5.7 ENVIRONMENTAL 5.87 LANDSCAPE BUFFERS,BERMS,.FENCES AND WALLS A. For commercial and/or industrial development a 25-foot wide "Type D" buffer, as set forth in the Land Development Code, including a fence/wall, shall be installed parallel with, and along the MPUD's westerly boundary, south of the Preserve, extending south to the MPUD Property boundary. For residential development, buffering shall be per the Collier County Land Development Code or this PUD. 5.98 MISCELLANEOUS A. 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. B. All other applicable state or federal permits must be obtained before commencement of the development. • Words eimthrough are deleted;words underlined are added DRAFT 2016-02(2016PD1)Rev1 Revised 04/01/2016 pL 2016 0 0 0 0 4 6 7 REV 1 4, IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA 4211357 OR: 4393 PG: 4095 RECORDED in OIIICIAL RECOIDS of COLLIIE COWL PL 09/16/2008 at 10:1111E DNIt ! E. BIKE, CLUE BC NAPLES INVESTMENTS, LLP,a Florida limited CORS 100.00 liability partnership, RIC DEI 18.90 Plaintiffs) Doe-<IMC 1.00 Doc-•�o .10 COPIES 2.00 Vs. CASE NO. 07-1822-CA-01 Retn: FISC 2,00 CIVIL WESTPOINTS INVESTMENT PARTNERS VII, LLC,a Florida limited liability company,HOUSH BLUEFISH, LLC,a Florida limited liability company,DAVIS EASTGATE,LLC,a Florida limited liability company; JOHN DOE and/or JANE DOE,together with any UNKNOWN TENANTS of the property loca -• •• State of Florida,County of Collier, • Township 49 South,Range 26 East -i�y�-�'S•t '• 72•.O'. of the West 1/2 of the Southeast • • action 34, -t'' O Township 49 South, Range 26 •ast ' o ' , • id J� y further described in Exhibit" " o the •e -ed -imp C filed in this cause, Q ��' ox f:',57%7 • Defendant(s) t. .Y144E �, t°s ;co The undersigned,DWIGHT E. '17 , Clerk of the Cir ' ' certifies that he executed n and filed a Certificate of Sale in th j.. • on August 2: '4e+: 'or the property described herein,and that no objections to the s•'' -. _ �■ . the time allowed for filing objections. The following property in Co - � n' " da: A tract or parcel of land situated in the State of Florida, County of Collier, lying in Section 34, Township 49 South,Range 26 East,and being more particularly described as follows: The East 726.00 feet of the West 1/2 of the Southeast 1/4 of Section 34,Township 49 South, Range 26 East, of Collier County, Florida, less and except the right-of-way for 1-75 (State Road No.93),and right-of-way less and except the South 50 feet thereof: Being more particularly described as follows: Commencing at the Southwest corner of the Southeast 1/4 of said Section 34 and along the South line of the said Southeast 1/4, S 88°55'22" E 592.95 feet;thence leaving the said South line,N 00°21'36"E 50.00 feet, to a point lying on the North line of Davis Boulevard(State Road 84) 100.00 foot right-of-way and being the Point of Beginning of the parcel described: Thence leaving the said North line,continue N 00°21'36"E 2388.33 feet, to a point lying on the South right-of-way of said 1-75 (State Road No. 93); Thence along the said South right-of-way,the following two (2)described courses; thence S 68°12'38"E 406.96 feet; thence S 62°39'17"E 389.59 feet,to a point lying on the East line of the >r� 011. 4393 PG: 4096 *** said West 1/2 of the Southeast 1/4;thence along the said East line, S 00°21'36" W 2071.95 feet, • to a point lying on the said North line: Thence along the said North line,N 88°55'22" W 726.06 feet to the Point of Beginning of the parcel herein described. was sold to BC NAPLES INVESTMENTS, LLP,a Florida Iimited liability partnership, 2600 Golden Gate Parkway,Naples,FL 34105. Bid Amount:$100.00 WITNESS my hand and seal of the court on September 9, 2008. ►► ►�►r DWIGHT E. BROCKI;' ,"' ='•��- Clerk of the Circuit Court: a, '• G B 4 Or; ' + Clerk R COL ys ° E-4 4110 ,L4 11/E C1WC _ . . . . _ _ East Gateway MPUD • Legal Description (O.R. BOOK 4393, PG.4095) A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:THE EAST 726.00 FEET OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE RIGHT OF WAY FOR 1-75 (STATE ROAD NO. 93), AND RIGHT-OF-WAY LESS AND EXCEPT THE SOUTH 50 FEET THEREOF: BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION 34 AND ALONG THE SOUTH LINE OF THE SAID SOUTHEAST 1/4, S 88°55'22" E 592.95 FEET; THENCE LEAVING THE SAID SOUTH LINE, N 00°21'36" E 50.00 FEET, TO A POINT LYING ON THE NORTH LINE OF DAVIS BOULEVARD (STATE ROAD 84) 100.00 FOOT RIGHT-OF-WAY AND BEING THE POINT OF BEGINNING OF THE PARCEL DESCRIBED: • THENCE LEAVING THE SAID NORTH LINE, CONTINUE N 00°21'36" E 2388.33 FEET, TO A POINT LYING ON THE SOUTH RIGHT-OF-WAY OF SAID 1-75 (STATE ROAD NO. 93); THENCE ALONG THE SAID SOUTH RIGHT-OF-WAY, THE FOLLOWING TWO (2) DESCRIBED COURSES; THENCE S 68°12'38" E 406.96 FEET;THENCE S 62°39'17" E 389.59 FEET, TO A POINT LYING ON THE EAST LINE OF THE SAID WEST 1/2 OF THE SOUTHEAST 1/4; THENCE ALONG THE SAID EAST LINE, S 00°21'36" W 2071.95 FEET, TO A POINT LYING ON THE SAID NORTH LINE; THENCE ALONG THE SAID NORTH LINE N 88°55'22" W 726.06 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. S ©Grady:l1inor Civil Engineers•[and S"ovc)or.s•Planners•Landscape Arc:hIIccL ACTION BY UNANIMOUS CONSENT AND DESIGNATION OF AUTHORITY . OF BC NAPLES INVESTMENTS,LLP Effective as of January 1,2015 The undersigned, being all of the partners (the "Partners") of BC Naples Investments, LLP, a Florida limited liability partnership (the "Partnership"), who would be entitled to vote upon the actions hereinafter set forth at a meeting of the Partners of the Partnership, do hereby adopt and consent to the following actions to the same extent,and with the same force and effect, as if adopted at a meeting of all of the Partners of the Partnership: 1. This Action By Unanimous Consent and Designation of Authority (the "Designation") hereby supersedes any and all designations of authority executed and adopted by the Partners on behalf of the Partnership prior to the date hereof (collectively, "Prior Designations") and the Partners hereby revoke any and all such Prior Designations. This Designation shall remain in full force and effect until revoked in writing by the Partners. 2. The Partners unanimously consent to Barron Collier Management, LLC, a Florida limited liability company being named the authorized agent of the Partnership ("Authorized Agent") in accordance with the terms hereof and consent to the • N grant of authority to the officers of Barron Collier Management, LLC in accordance with the Statement of Authority of Barron Collier Management, LLC 3o.. as filed pursuant to Section 605.0302(1), Florida Statutes and recorded in the a Q Official Records of Collier County, Florida at O.R. Book 5108,Page 2218 as such i °—�° Statement of Authority may be amended from time to time. � L.vi 3. All instruments of conveyance, mortgages, contracts, instruments and documents °'"o z 0 executed by Barron Collier Management, LLC, in its capacity as Authorized C m o Agent of the Partnership, shall be deemed to have been properly authorized by all Pwwvg o F N appropriate actions made by all of the Partners. Further, all instruments of 8 2 conveyance, mortgages, contracts, instruments and documents (and any N w s o w amendments, modifications and/or supplements thereto) executed by Barron zreoUc Collier Management, LLC, in its capacity as the Authorized Agent of the Partnership, shall be binding upon the Partnership. This Designation may be executed in any number of counterparts, each of which shall be deemed an original instrument, and said counterparts shall constitute but one and the same instrument which may be sufficiently evidenced by one counterpart. 0 U The undersigned Partners do hereby unanimously agree, consent and affirm that the w actions authorized in this Designation shall have the same force and effect as if taken at a duly 7j al in • constituted meeting of the Partners of the Partnership, hereby waive all formal requirements, o z V' including the necessity of holding a formal or informal meeting, and any requirement that notice 613 be given, and hereby direct that this Designation be made a part of the minutes of the T Partnership. m 1 01140277.2 BCNI • • • BY: Cav,-1037) &. WITNESSES: • Barron 0. Collier,III Its: Partner ACKNOWLEDGEMENT: STATE OF F o COUNTY OF C. 1/ie. / • The foregoing instrument was acknowledged before me this if#4 d. • bo cuvAp_k/ , 2014, by aar'ro n • e0/1,'e r!Zl~ , who is 4i ersonally known to me or has produced as identification. rid, PAMELA MARTIN WAIXUP. Commission#EE 158926Notary Public 18 Printed Name: Commission Number: My commission expires: • • By: WITNESSES: • Frances G. Villere Its: Partner ACKNOWLEDGEMENT: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2014, by , who is personally known to me or has produced as identification. Notary Public Printed Name: o Commission Number: w rr My commission expires: -3 c0 03 rZ 0-1 cO LL tO2 • 01140277.2 BCNI I By: WITNESSES: Ill Barron G. Collier, Ill Its: Partner • I • ACKNOWLEDGEMENT: STATE OF Ij COUNTY OF The foregoing instrument was acknowledged before me this day of , 2014, by , who is personally • known to me or has produced as identification. Notary Public Printed Name: Commission Number: My commission expires: • By: 4tCt,lCpJ) q- U/fax r WITNESSES: Frances G. Villere Paw. i i Qom. abitu Its: Partner l ACKNOWLEDGEMENT: STATE OF nor,'da. COUNTY OF Co i1r'cr The foregoing instrument was acknowledged before me this / I111 day of Der e-nlbe-r. , 2014, by Fran«s G. v //e r. , who is rsonally known to me or has produced as identification. 42/Cat.... til ss• PANELA MARTIN WALKUP Notary Public Oz,„ if• Conmission#EE 158926 0 ' Expires Niard128,20i8 Printed Name: �. °°'bd7°"T'�FiYias°0°'�'019 Commission Number: L0U My commission expires: 2 01140277.2 BCM • • LAMAR GAB! VOCABLE TRUST WITNESSES: 4 A General Pa 11 I I By: A awl. OJj w, Doug!.-/'. Baird,C ee ACKNOWLEDGEMENT: STATE OF Flo r i da. COUNTY OF Co '1fc( The foregoing instrument was acknowledged before me this Iffy da of be r e yy b c-,r , 2014, by to u//ace E. Baird , who i personally known to me or has produced as identification. (-Po.txe-1A- iott,ac.92/ � PANELAMARTIN1NAlKUP Notary Public `t Printed Name: �: �� ;.t Conmiaab #EE 159928 •.�c-� _,_ ��6 Commission Number. Rr, .".• IteddliartawFailnaraset0354019 My commission expires: • LAMAR GABLE REVOCABLE TRUST WITNESSES: A General Part'.- • By: / , , Qd t acyJJ011 - 0 DWuu) Bradley A Boaz, ,/o-Trus alb et.v3:., ACKNOWLEDGEMENT: STATE OF I'io r c14- COUNTY OF Co ill e-r \ The foregoing instrument was acknowledged before me this / f#41 da of Uce grn ko .- , 2014, by Ara_d l ee j /9• 4604.z- , who is personally known to me or has produced as identification. • �.,r)U.h.. lv U *° PAMELA tom WgLAP 7 Notary Public • COf VT On#EE 158926 , Printed Name: _Jul LU =4 Art • B.,.; March 28, • T99969n Commission Number: o OOP My commission expires:• 3 • 01 140277.2 BCNI • • • LAMAR•GABLE REVOCABLE TRUST WITNESSES: • A General P.At e • BY: % /J , % ., Ja Q ` • ot • Andrew R. Meulenbe g,Co-Trus i y`-- ACKNOWLEDGEMEN : STATE OF no r COUNTY OF Ca The foregoing instrument was acknowledged before me this / Q H' • DPS b e.✓ , 2014, by Andrew R. P Jee b c.r , who is ersonall j known to me or has produced )s identification. Notary L Public • PAMELAMARTINWALINP Printed Name: torraision#EE18826 Commission Number: T thw My commission expires: • • JULIET C SPROUL FAMILY • INHERITANCE TRUST WITNESSES: A Limited a er , By: P L Lila`IM. 0 .611)P is . George, Trustee ACKNOWLEDGEMENT: •STATE OF Fro r �.4 COUNTY OF Co 1 i f The foregoing instrument was acknowledged before me this I I th da becem�,cr , 2014, by P�ri c_K( R- Geo rj e.. , who is ersonally known to me or has produced as identification. •e` PAMELA MARTIN WALKUP -i wNu.Lti 10 o U _•' .;. CarOssWn I LE,120626 Notary Public J , brim ft.T,,,,f,,,,,oscaa ou Printed Name: o M) Commission Number: o z' In • My commission expires: o CO �LL 4 01140277.2 BCNI ' • • mg NAPLES INVESTMENTS, LLP WITNESSES: • Its: Partner Aft - By: '' PaDilipla1114 Oliwu Barron G. Collier III,A General Partner ACKNOWLEDGEMENT: STATE OF Fib b r COUNTY OF Co Wei The foregoing instrument was acknowledged before me this _ / g da of «�,r,► h 2014, by Iia r o n �. �o l l i who isersonally known to me or has produced as identification. • . Notary Public Oak,. MBA MARTIN WALKUP Printed Name: Oonxassaan#EE 158.926 Commission Number: ;. Eiepires March 28,2018 '4' _ 'eordinter*Finbumaioa340te My commission expires: • 0 U �W • f UZ LL • 6 si coce5 01140277.2 BCNI AGENDA ITEM 4-D S&cnty STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION-ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING: APRIL 28, 2016 SUBJECT: BD-PL20150002551, 117 EGRET AVE BOAT DOCK EXTENSION AND BOAT HOUSE PROPERTY APPLICANT/AGENT: Owner/ Mark& Nicole Scudillo Agent: Jeff Rogers Applicant: 117 Egret Ave Turrell, Hall &Associates Naples, FL 34108 3584 Exchange Ave Naples. FL 34104 REQUESTED ACTION: The petitioner requests a 5.2-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 25.2 feet, to accommodate a new docking facility with a new boathouse. GEOGRAPHIC LOCATION: The subject site is located at of Lot 25. Block S, Conner's Vanderbilt Beach Estates Unit No. 3, also described as 117 Egret Avenue. The folio number is 27633120000. (See attached Location Map.) PURPOSE/DESCRIPTION OF PROJECT: The purpose of the project is to a request for a 5.2-foot boat dock extension beyond the maximum 20 feet for the subject lot as well as to request for a boathouse, open on four sides, over the proposed dock facility. The roof of the boathouse protrudes an additional 1.8 feet, but the roof overhang is not included in the protrusion calculation for purposes of this petition. The boat dock facility will contain one boat slip and one proposed optional lift for a kayak or personal watercraft lift (PWC). The total overwater dock structure proposed is approximately 836 square feet and will protrude a total of 25.2 feet into a waterway that is approximately 225 feet from seawall to seawall. There is dredging proposed for this project (the applicant received state and federal permits for the dredging) and the total length of shoreline is approximately 187 linear feet. 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I 1 lei i 1 tc:..-4 IV- " ,�1 -J curs o, usxrco U Z �a o< Cr U q 2 A single family house does not currently exist on this property:: currently it is a vacant lot. A Certificate of Occupancy (CO) for the dock facility shall not be issued prior to the issuance of a CO for the principal structure. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Vacant Lot. zoned RSF-3 SURROUNDING: North: Vanderbilt Channel and Single-family house with a boat dock, zoned RSF-3 East: Single-family homes zoned RSF-3 South: Single-family house with a boat dock, zoned RSF-3 West: Vanderbilt Channel, across which multi-family homes, zoned RMF-16 4 . �- -1 ar II Ap , f it - Illy ,„„1 4, A .1 ' 7- .s,,, ...doi, , ,_ 0 _ - - _. .,. ...� .. ._1814 Aerial of subject property(Collier County Appraiser) 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 a boathouse with one boat slip, and a proposed optional lift for a PWC or kayaks and is therefore not subject to the provisions of this section. Some submerged resources were found, but due to their location little to no negative impacts should be a result of the proposed docking facility and boat house. STAFF COMMENTS: The Collier County Hearing Examiner (HEX) shall approve. approve with conditions, or deny. a dock facility extension request based on certain criteria in LDC Section 5.03.03 H. In order for the HEX to approve this request, the office must find that at least four of the five primary criteria and four of the six secondary criteria have been met. BD-PL20150002551 Page 3 of 9 Staff has reviewed this petition in accordance with Section 5.03.06 H and recommends the following findings to the HEX: 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 boat slip and a proposed optional lift for a PWC or kayaks, which is appropriate in relation to the 187 linear feet of water frontage of the subject lot. 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 met According to the petitioner's application the water depth at Vanderbilt Channel is shallow and the existing water depths of 2.0 feet to 2.5 feet NAVD Mean Low Water (MLW) does not warrant enough depth to moor the proposed vessel on-site without an extension. Please note that the conversion from NAVD to NGVD in this area is approximately 1.24; to convert NAVD to NGVD one must add 1.24 to 2.0, so this is 3.24 feet NGVD. Or to convert NAVD to NGVD one must add 1.24 to 2.5, so this is 3.74 feet NGVD. 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 bythe petitioner, the proposed facility will not adversely impact navigation; there is no marked/charted channel. 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.) BD-PL20150002551 Page 4 of 9 Criterion met. Information provided in the application indicates that the proposed dock will protrude 25.2 feet into a waterway that is 225 feet in width (from seawall to seawall). The measurement 25.2 feet is 11 percent into a waterway that is 225 feet in width; leaving over 50 percent of the waterway unobstructed. The measurement from the proposed boat dock to the existing boat docks to the west is approximately 172 feet; from this measurement, 25.2 feet is 15 percent into the waterway which is leaves over 50 percent of the waterway unobstructed. 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. According to the applicant the proposed dock facility will be 30 feet from the neighboring dock to the south and be 100 feet plus from the neighboring dock to the northeast. The proposed boat dock falls within the subject riparian lines (exceeding the required side-yard of 15 feet). 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 met. The subject shoreline contains mangrove growth. 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 not met. It is deemed that the proposed boat dock is of excessive deck area and is of larger square footage (836 square feet) than surrounding docks in the area. 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. As indicated on the application,the length of the vessel is 30 feet and is less than 50%of the property's linear waterfront footage of 187 linear feet. BD-PL20150002551 Page 5 of 9 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 existing mangrove fringe obstructs the view of Vanderbilt Channel from the first floor of residences. 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), the submerged resource survey did not fmd any seagrass beds. 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 indicates that this request meets five of the five primary criteria. Regarding the six secondary criteria, criterion 6 is not applicable, and the request meets four of the remaining five secondary criteria. Boathouse Criteria: In addition to the boat dock extension criteria, the applicant must satisfy the criteria for the new proposed boathouse. Pursuant to Section 5.03.06 F of the LDC, boathouses, including any roofed structure built on a dock, shall be reviewed by the HEX according to the following criteria, all of which must be met in order for the HEX to approve the request: 1. Minimum side setback requirement: Fifteen feet. Criterion met. The north side of the dock provides a setback of 100 feet from the northeastern riparian line;the south side of the dock provides a 15-foot setback from the southern riparian line. 2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet, whichever is less. The roof alone may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks. BD-PL20150002551 Page 6 of 9 Criterion met. The protrusion is 20 feet from the seawall; the protrusion is 25.2 feet from the property line. Twenty-five percent of the canal is 56.25 feet. The roof overhang depicted in the application is 1.8 feet. 3. Maximum height: Fifteen feet as measured from the top of the seawall or bank, whichever is more restrictive, to the peak or highest elevation of the roof. Criterion met. The maximum proposed actual height is 15 feet above the top of the seawall. 4. Maximum number of boathouses or covered structures per site: One. Criterion met. The Applicant is requesting one boathouse, and there are no others on site. 5. All boathouses and covered structures shall be completely open on all 4 sides. Criterion met. The application indicates a boathouse open on all four sides. 6. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style. A single- family dwelling unit must be constructed on the subject lot prior to, or simultaneously with, the construction of any boathouse or covered dock structure. Criterion met. The applicant states the boathouse roof color will match the principal structure. 7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the greatest extent practical. Criterion met. The location and open sides minimize visual impact to the greatest practical extent; the applicant does not hinder neighboring view sheds. The application meets all boathouse criteria required by the LDC APPEAL OF BOAT DOCK EXTENSION AND/OR BOATHOUSE TO BOARD OF COUNTY COMMISIONERS: As to any boat dock extension or boathouse 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. BD-PL20150002551 Page 7 of 9 COUNTY ATTORNEY OFFICE REVIEW The Office of the County Attorney reviewed this Staff Report on 4/5/16. STAFF RECOMMENDATION: While Staff has expressed concern regarding the size of the boat dock facility, Staff recognizes that the petition has met all primary criteria and 4 of the 5 applicable secondary criteria (#6 of secondary criteria is not applicable); it meets all criteria for the boat house. Based on the above findings, Staff recommends that the Hearing Examiner approve Petition BD-PL20150002551 with two conditions. Conditions: 1. The principal structure roof materials and colors must match the roofing material and color of the boathouse. 2. The principal structure must have received a building permit prior to boat dock and boat house construction. ATTACHMENTS: Attachment A: Application I I BD-PL20150002551 Page 8 of 9 PREPARED BY: RACHEL BEASLEY, ANNER DATE ZONING DIVISION REVIEWED BY: 4. 4 . RAYMS J. V. DELLOWS, ZONING MANAGER DATE ZONIN i[VISION APPROVED BY: MIKE BOSI, AICD, DIRECTOR DATE ZONING DIVISION BD-P120150002551 Page 9 of 9 117 Egret Ave Boat Dock Extension and Boat House SCUDILLO BDE 117 EGRET AVENUE NAPLES, FLORIDA 34108 MARCH 23, 2016 • } Prepared by: Turrell, Hall & Associates, Inc. 3584 Exchange Ave., Suite B Naples, FL 34104 (239) 643-0166 i Attachment A REVISED BDE 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 8.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 11111 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- PL20120000000) 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 Ca 1 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 LDC Section 5.03.06 Ch. 3 B.of the Administrative Code THIS PETITION IS FOR(check one): Q DOCK EXTENSION © BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION Applicant(s): Mark & Nicole Scudillo Address: 117 Egret Ave City: Naples State: FL ZIP: 34108 Telephone: Cell: 973464-1063 Fax: E-Mail Address: sCudIlloandco@hotmail.corn Name of Agent: Jeff Rogers 1111 Firm: Turrell, Hall & Associates, Inc Address: 3584 Exchange Ave City: Naples State: FL ZIP: 34104 Telephone: 239-643-0166 Cell: 239-487-0081 Fax: 239-643-6632 E-Mail Address: Jeff@turrell-associates.com PROPERTY LOCATION Section/Township/Range: 29 /48 /25 Property I.D. Number: 27633120000 Subdivision: Conners Vanderbilt BCH Est #3 Unit: 3 Lot: 25 Block: S Address/General Location of Subject Property: 117 Egret Ave. Naples, FL 34108 Current Zoning and Land use of Subject Property: RSF-3 / 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 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 ADJACENT ZONING AND LAND USE Zoning Land Use N RSF-3 Man Made Waterway/single-family residential S RSF-3 Single-Family Residential E RSF-3 Egret Ave /Single-Family Residential W RMF-16 Residential Multi-FamilyNanderbilt Lagoon DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility,any other pertinent information): The proposed project entails construction of a new fixed wooden docking facility and associated boat house.an being approximately 1,256 sq feet The proposed dock has two boat lifts and yak protrude approximately 25,2-feel from the Property Line. The top elevation of the boat house roof is approximately 15-feet above the proposed top of dock SITE INFORMATION 1. Waterway Width: 225 ft. Measurement from❑plat ❑survey ❑visual estimate • other(specify) aerial 2. Total Property Water Frontage: 187 ft. 3. Setbacks: Provided: 100'&15 ft. Required: 15 ft. 4. Total Protrusion of Proposed Facility into Water: 25.2 ft. 5. Number and Length of Vessels to use Facility: 1. 30 ft. 2. PWC 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 surrounding properties aii have existing docking facilities and boat houses that protrude any where from 40-feet to 20-feet into the waterway. The adjacent dock to the south of the subject property has an existing dock that protrudes 40-feet into the same waterway 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? 0.37 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? ri Yes Q No If yes, please provide copies. 6/3/2014 Page 3 of 7 9&9ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 1111 www.colliergov.net (239)252-2400 FAX: (239)252-6358 PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks,additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s)described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The 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 187ft. 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 2 boat slips. 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 drawing illustrating the existing water depths. At 20 foot protrusion the water depth is approximately 2.0' to 2.5' MLW which does not warrant enough depth to moor the proposed vessels on-site. The proposed project will also include maintenance dredging in order to minimize our S overall protrusion into the waterway as much as possible. 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 fadlity will not have adverse impacts on navigation as it will only protrude 12% the width of waterway. The proposed dock facility is located along the eastern shoreline of Vanderbilt Lagoon which is consistent with the other surrounding docking facilities. The proposed location will not create any navigational issues within Vanderbilt Lagoon. 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 will only protrude 12%the width of waterway 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 interfere 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 30'clearance to the neighboring dock to the south and 100'+clearance to the neighboring dock on the northeast. Both provide adequate clearance for the size vessels of the neighboring properties. 9roY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 111 www.colliergov.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 docking facility was primarily governed by the width of waterway and the existing mangroves along the shoreline. 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: Based on the attached proposed BDE exhibits the applicant feels that the proposed dock facility has been minimized to the fullest extent. 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 proposed docking facility is designed for a 30-foot vessel and two PWC or kayaks. These vessels combined are less than 50%of the subject properties linear 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 will provide two boat lifts that will not have a major impact on the waterfront view of either neighboring waterfront property owners. The proposed dock facility 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 known seagrass beds located within 200 feet of the project area 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. • C._jrgL&' County COWER COUNTY GOVERNFAENI 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colRergov.net (239)252-2400 FAX:(2391252-6358 III Pre-Application Meeting and f,, al Submittal Requirement Checklist for: Qo+r 'Extension `Boathouse Chapter 3 B.of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the i application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW MOF REQUIRED NOT COPIES REQUIRED_ Completed Application(download current form from County website) 'j'Yt3,0 , 0 Signed and Sealed Survey 0_ o ❑ ^Chart of Site Waterway :1r ■ 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 t 'g 0 0 facility; • Water depth where proposed dock facility is to be located; III• 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 rt 0 Completed Addressing Checklist 1 Er ., 0 Electronic copy of all required documents ) *Please advise:The Office of the Hearing Examiner requires all materialsif 2' ❑ 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 • CAier County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 w .colliergov.net (239)252-2400 FAX:(239)252-6358 III PLANNERS- INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: - I Bayshore/Gateway Triangle Redevelopment: cat�n ❑ Environmental Review:See Pr pil Executive Director Meeting Sign-In Sheet a-4€u8y1,.E 0,4 Addressing:Annis Moxam Graphics:Mariam Ocheitree 0 City of Naples:Robin Singer,Planning Director ❑ Historical Review ❑ Comprehensive Planning:See Pre-Application I ❑ Immokalee Water/Sewer District: L.Meeting Sign-In Sheet 8 fff_Conservancy of SWFL:Nichole Ryan Parks and Recreation:Vicky Ahmad _ TIP County Attorney's Office:Heidi Ashton-Cicko Transportation Pathways:Stacey Revay Emergency Management:Dan Summers;and/or ❑ School District(Residential Components):Amy ❑ EMS:Artie Bay Headlock 01. Engineering:Alismikadbaal. t i f—IT Transportation Planninj:John Podczerwinsky ❑ Other: ❑ Utilities Engineering:Kris Vanlengen FEE REQUIREMENTS: i.: - Boat Dock Extension Petition: $1,500.00 `? Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 i 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 infor ation maylfrvid result in the delay of processing this petition. S. re of P itloonner or Agent Dat III 6/3/2014 Page 7 of 7 REVISED AFFIDAVIT OF AUTHORIZATION • S AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) • I, i� '(fl/ .- Gu t Go (print name), as (title, if applicable)of (company, If a licable), swear or affirm under oath, that I am the(choose one)ownerapplicant[Jcontract purchaserDDI 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 p x approved actiok, u� r 5. We/I authorize Z-6 a.rS- Turi CL(, R�-l( c/ ,f � 4 Inc to act as our/my representative in any matters regarding thi ' ion including 1 through 2 above. 'Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres or v.puss. • If the applicant is a Limited Liability Company(LLC.) or Limited Company(LC.), then the documents should typically be signed by the Company's"Managing Member." • If the applicant is a 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. 2/4.1'0 Signature Date •STATE OF FLORIDA COUNTY OF COLLIER _ The foregoing instrumentwas sworn to(or affirmed)and subscribed before me on la—(c-1'S (date) by Pte`' , (name of person providing oath or affirmation), as who is personally known to me or who has produced DArV.eie lncd 4$F (type of identification)as identification. Gin linuadttE STAWiP/SEAL Signature of Notary ublicr ANTOINETTE GUARISCO ' • _. • . . Aly CommiasiNOTARY 8on OF NEW �. • Expires 101331019 . ' I• • • CP108-COA-00115\155 REV 3124/14 • I AFFIDAVIT OF AUTHORIZATION FOR rEITION N9MB S(S) ei �/ ' I, I° ——„, / ,/I] (print name), as (title, if applicable)of (company, If a licable),swear or affirm 111 under oath, that I am the(choose one)owner.141 applicantncontract 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 win be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed byapproved action. 5. Well authorize Seo 1 ex.S r Twrtr(,AP•i/'¢S� Ocaes, Znc to act as our/my representative in any matters regarding is 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. III Under penalties of perjury, I d tare that I have read the foregoing Affidavit of Authorization and that the facts s in it are true. ,( AA,, dei/ x.� V( / CP //5- Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrupnt was sworn to(or affirmed)and subscribed before me on la—to-1`S— (date) by /11se.•.c. J e.DA-- c o (name of person providing oath or affirmation), as who is personally known to me or who has produced _ (type of identification)as identification. /� l�1/Y111N STAMP/SEAL Signature of Notary Public ANTOINETTE GUARISCO NOTARY PUBLIC OF NEW JERSEY My Commission Expires 10/312019 . III CP108-COA-ooiisiss REV 3/24n4 ; PRE-APPLICATION NOTES • • • iiP<, CwoorAikC°1411CY COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.collieraov.net (239)252-2400 • Pre-Application Meeting Notes BDEfflioathousePetition Type: Date and Tine:Tu°e° •Novesribw17.2011fxr:2,0001, Assigned Planner: Nancy Gundlach Engineering Manager(for PPS's and FP's): Project inftweution Project Name: 117 Egret Avenue P�#: PL20150002551 Property ID#: 27633120000 Current Zoning: RSF-3 Project Address: 117 Egret Avenue City: Naples _State: FL Zip: 34108 Applicant: Jeff Rogers Agent Name: Turrell Hall & Associates, Inc. Phone: 239-643-0166 Agent/Firm Address: City: Naples state: FL Zip: PropertyOwner: Marc Scudillo • Please provide the following,if applicable: i. Total Acreage: '37 ii. Proposed#of Residential Units: 1 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#: 1111 Co i County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 • www.colliersor.net (239)252-2400 Meeting Notes 't Nue Rubmif yin 13)( 6C,rdilIMA6 tbra etxt Mk; Picieftfime mirmraniv, i S Comity . ,---4„.------> COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.cofiergov.net (239)252-2400 III Pre-Application Meeting Sign-In Sheet PL if:20150002651 Collier County Contact Information: Name Review Discipline Phone Email 11 Richard Anderson Environmental Specialist 252-2483 richardanderson@colllergov.net El David Anthony Environmental Review 252-2497 davidanthony@coliiergov.net J Summer Araque Environmental Review 252-6290 summerbrownaraque@coiiergov.net C1 Steve Baluch,P.E. Transportation Planning 252-2361 StephenBaluch@colliergov.net O aurie Beard Transportation Pathways 252-5782 Lauriebeard@colliergov.net V. Rachel Beasley Planner 252-8202 rachelbeasle1r@coiliergov.net Cl Marcus Berman County Surveyor 252-6885 Marcusaerman@colliergov.net ❑ Madelin Bunster Architectural Review 252-8523 madelinbunster@colliergov.net ❑ Mark Burtchln ROW Permitting 252-5165 markburtchin@colliergov.net 0 George Cascio Utility Billing 252-5543 georgecascio@colliergov.net 0 Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heidiashton@col€iergov.net 1 I Sue Faulkner Comprehensive Planning 252-5715 suefauikner@colliergov.net ❑ Eric Fey,P.E. Site Plans Reviewer 252-2434 ericfey@colliergov.net ❑ Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@colliergov.net III Nancy Gundlach,AICP,PLA Zoning Services 252-2484 nancygundlach@colliergov.net 0 Shar Hingson East Naples Fire District 687-5650 shinjson@ccfco.org John Houldsworth Engineering Services 252-5757 johnhouldsworth@collieryov.net H Jodi Hughes Transportation Pathways 252-5744 todlhughes@colllergov.net H Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphries@colliergov.net [O Eric Johnson,AICP,CFM Zoning Services 252-2931 ericjohnson@colliergov.net [-G Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net Stephen Lenberger Environmental Review 252-2915 stevelenberger@col€iergov.net Paulo Martins Utilities 252-4285 paulomart€ns@colliergov.net O Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto@colliergov.net O Jack McKenna,P.E, Engineering Services 252-2911 jackmckenna@colliergov.net [I Matt McLean,P.E. Principal Project Manager 252-8279 matthewmc€ean@colliergov.net O Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz@colliergov.net Li Annis Moxam Addressing 252-5519 annismoxam@colliergov.net Li Stefanie Nawrocki Planning and Zoning 252-2313 StefanieNawrocki@colliergov.net iH Mariam Ocheltree Graphics _ 252-2315 mariamocheltree@colliergov.net , 1-1 Brandy Otero Transit 252-5859 brandyotero@colliergov.net • 14 County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 • www.colitergov.net (239)252-2400 fl Bill Pancake Fire Safety 252-2310 BiilPancake@colliergov.net f1 Brandi Pollard Utility Impact fees 252-6237 brandipollardOcoliiergov.net 11 Fred Reischl,AICP Zoning Services 2524211 fredreischl@coliiergov.net Cl Stacy Revay Transportation Pathways 252-5677 stacyrevayEDcolliergov.net O Brett Rosenblum,P.E. Utility Plan Review 252-2905 breftrosenbium@colliergov.net ❑ Michael Sawyer Zoning Services 252-2926 michaelsawyer#colliergov.net (-1 Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidteacolliergov,net Cl Chris Scott,AICP Planning and Zoning 252-2460 _chrisscott.colliergov.net 11 Daniel Smith,AICP Landscape Review 252-4312 danlelsmith0►colliergov.net Hl Ellen Summers Planning and Zoning 252-1032 EllenSummers#coiliergov.net ler' Scott Stone Assistant County Attorney 252-8400 scottstonegicolliergov.net Mark Strain Hearing Examiner/CCPC 252-4446 markstrainecolliergov.net ❑ Kris VanLengen Utility Planning 252-5366 krisvanlengenecolliergov.net ❑ ion Walsh Building Review 252-2962 jonathanwalsh.coiliergov.net R David Weeks,AICP - Future Land Use Consistency 252-2306 davidweeks8)colliergov.net H Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net (1 Christine Willoughby _ Planning and Zoning 252-5748 ChristineWllioughbylcolliergov.net 4) Additional Attendee Contact Information: Name Representing Phone Email 44P .t.042J, 7 /hi/ , s.c,: , ZN M»4 ..5c440__ 7 r#iI4 a. S ADDRESSING CHECKLIST • • • Coder County • COWER COUNTY GOVERNIJIENI' 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPI ES,FLORIDA 34104 www.collierttov.net (239)252.2400 FAX (239)252.5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressingiltcolliergov.net r•r fax to the Operations Division at 239-252-5724 or submit In person to the Addressing Section al the above address. fprm must be skald by Arno 13014Dn91p prjQpie..Rkici jElWiliPP.alanc alliaLl dinfor 0, . Not all items will apply to every project. Items in bold type are requred. FOUO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist.or each Postilion type) IIBL(Blasting Permit) 0 SDP(Site Development Plan) BD(Boat Dock Extension) SDPA(SDP Amt.ndment) Carnival'Circus Permit SDPI(Insubstantial Change to SDP) CU(Conditional Use) SIP(Site Intprovrament Plan) EXP(Excavation Permit) SIPI(Insubstanli sl Change to SIP) FP(Final Plat SNR(Street Nene Change) LLA(Lot Line Adjustment) SNC(Street Name Change—Unplatted) PNC(Project Name Change) TOR(Twitter) of Development Rights) PPL(Plans&Plat Review) VA PSP(Preliminary Subdivision Plat) VRP(Vegetation Removal Permit) PUD Rezone § V SF(Vegetal on Removal&Site Fill Permit) RZ(Standard Rezone) Nsweireesmimmisieseesioisimmt IJt=CiAt.DESCRIPTION of subject propeRy or properties(dopy of lengthy drr+acripfw Nn may be attached) Conners Vanderbilt Bach Estates, UnIt 3, Lot 25, Block S FOLIO(Properly ID)NUMBER(a)of above(attach to or associate wfrh.legal des:notion if more than one) 27633120000 STREET ADDRESS or ADDRESSES(as appiioable, if already assigned) 117 EEr,t Ave, Naples • LOCATION MAP must be attached showing exact location of project/site in relsti•,n to nearest public road ngM- of-wey • SURVEY(copy • needed only for unplatted properties) CURRENT PROJECT NAME(if applicable) Scudilo Dock and Boathouse PROPOSED PROJECT NAME Of applicable) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR or PL ........... Collier CoI411tY COLLIER COUNTY GOVERNMENT 2800'4ORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPI ES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX 12391252-5724 Project or development names proposed for,or already appearing in,condominiur!documents(if application, indicate whether proposed or existing) remmess' los Please Return Approved Checklist By: [Ji Email e] Fax 0 Personally picked up Applicant Name: Mark & Nicole Scudillo Phone: 239-643-0166 ErnaliUFsx: tune turroll-aesociates.con Signature on Addressing Checklist does not constitute Project anc/or Street Name approval and is subject to further review by the Operations Division.. FOR STAFF USE ONLY Folio Number 27633120000 Folio Number Folks Number Folio Number Folio Number Folio Number Approved by: A.,41 1'cirxa Dab: s 7lb Updated by: _ — Date: IF 01 rack THAN 6 MUNI HS. 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NAPLES, FL 34108 SUBMERGED RESOURCE SURVEY OCTOBER 29,2015 • PREPARED BY: >4411** TURRELL,HALL&ASSOCIATES,INC 3584 EXCHANGE AVENUE,STE B NAPLES,FL 34104 0 117 EGRET AVE. SUBMERGED RESOURCE SURVEY OCTOBER 29,2015 1.0 INTRODUCTION • Turrell,Hall &Associates, Inc. was hired by Marc Scudillo to design and permit a single- family docking facility. The proposed project is located at 117 Egret Ave, Naples, FL 34108,identified by Parcel Number 27633120000. The property is located along the east side of Vanderbilt Lagoon just south of the Bluebill Avenue Bridge. The property is also bound to the south and east by single-family residences, and bound to the north by a man- made canal and to the west by Vanderbilt Lagoon. The property is located in Section 29, Township 48 South, and Range 25 East. The upland portion of the property is a vacant single-family lot. Turrell, Hall & Associates was contracted to provide environmental permitting services and one aspect is the associated Submerged Resource Survey (SRS). This survey will provide planning and review assistance to both owners and agency reviewers in regards to proposed project The proposed project consists of modifying the existing single- family dock and rip-rap refurbishment within the Vanderbilt Lagoon waterway. . The SRS survey was conducted on October 29, 2015. Light southeast winds, mostly clear skies, and an incoming tide resulted in visible access to the entire project area. Surface water conditions on this day were calm which also helped to provide fair environmental conditions for the survey. The water temperature was 80°F. Low tide occurred at 9:16 A.M (-0.4') and high tide occurred at 3:32 P.M (2.3') 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 project. 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. The general scope of work performed at the site is summarized below. • Turrell, Hall & Associates personnel conducted a site visit and snorkeled these transects within the proposed project basin and verified the location of any submerged resources. • Turrell, Hall & Associates personnel identified submerged resources at the site, estimated the % of coverage, and delineated the approximate limits of any submerged resources observed. • Turrell, Hall & Associates personnel delineated limits via a handheld GPS (Gamin Model 76csx). Page 1 of 3 • 117 EGRET AVE. SUBMERGED RESOURCE SURVEY Oc;iuBER 29,2015 3.0 METHODOLOGY • Turrell, Hall & Associates biologists intentionally designed the methodology of the SRS to cover the entire property shoreline for the proposed dock installation. The components for this survey included: • Review of aerial photography of survey area • Establish survey transects lines overlaid onto aerials • Physically swim transects, GPS locate limits of submerged resources, and determine approximate percent of coverage •Document and photograph all findings The surveyed area was evaluated systematically by following the established transects spaced approximately 10-feet apart as shown on the attached exhibit. The neighboring properties have existing docks which provided easily identifiable reference markers, such as dock piles which assisted in locating transects and keeping them consistent throughout most of the survey area. One biologist swam these transects using snorkel equipment within the surveyed area. The other individual assisted with compiling notes and documenting findings on aerials. • Located submerged resources were photographed, the approximate percent of coverage was quantified, and the location was delineated on an aerial photo as well as confirmed via handheld GPS (Garmin Model 72H). The biologists used a half meter square quadrant further broken into sections by cordage to make coverage estimates easier. 4.0 RESULTS The substrate found within the surveyed area included two distinct classifications; a silt muck with heavy shell debris and a silt/muck material with no shell debris. These substrates were found scattered throughout the surveyed area with the silt/muck observed mostly out along the main channel within Vanderbilt Lagoon. There were also small oyster clusters, Green Asian mussels, tunicates, scattered red boring sponges, and feather algae (Culerpa) observed growing on the existing substrate along the man-made canal shoreline. This mangrove shoreline also provided habitat and cover for numerous fish, crabs,and shell fish. The majority of the survey area exhibited the silt/muck bottom that was devoid of any aquatic vegetation growth or any types of submerged resources. The lack of any submerged resources is most likely due to the overall water quality within the Vanderbilt Lagoon as well as the water clarity not allowing much sunlight penetration. This was most evident in the deeper water depths. • Page 2 of 3 117 EGRET AVE. SUBMERGED RESOURCE SURVEY OCTOBER 29,2015 Various filamentous algae and macro algae were observed and documented growing on • the rip-rap shoreline and along the bottom sediments throughout the survey area. Also observed were numerous fish species during the survey and a list of these species has been prepared and is provided below as Table 1. Table 1 —Observed Fish Species Common Name Scientific Name common bottlenose dolphin Tursiops truncatus mangrove snapper Lutjanus griseus sheepshead Archosargus probatocephalus striped mullet Mugil cephalus snook Centrompus undecimalis jack crevalle Caranx hippos 5.0 CONCLUSIONS The submerged resource survey at the site yielded some findings but due to their location little to no negative impacts should be a result of the proposed docking facility and boat . house. All observed marine resources were observed growing on or swimming around the mangrove shoreline. This area is where all the observed fish species were located including: Gray/mangrove Snapper (Lutjanus griseus), Sheepshead (Archosargus probatocephalus), Stripped Mullet (Mugil cephalus), and a few Common Snooks (Centropomus undecimalis). Negative impacts to submerged resources are not expected with the proposed docking facility installation. 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