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HEX Backup 04/28/2016
COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS 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®ULATION 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. I 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"I/B/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 March 28, 2016 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on April 8, 2016, and furnish proof of publication to the attention of Summer Araque, Principal Environmental Specialist in the Growth Management Department, Engineering and Natural Resources Division, Environmental Planning Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 114 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ENGINEERING & NATURAL RESOURCES [Environmental Planning Section) FUND & COST CENTER: 131-138350-649100 PURCHASE ORDER NUMBER: 4500162858 Account Number: 507876 Sum/timer-8. A rag Authorized Designee signature for HEX Advertising P120150002562 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., on Thursday,April 28th, 2016, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Engineering and Natural Resources Division, Environmental Planning Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida i.; I �a yyerj-aN 1150bJ N RLL Iw wed to_l 4t, Z {~j0 "1 4 O a C 0 J 1 -. Old Acct #076397 New Acct #507876 March 29, 2016 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: CCSV-PL20150002562, Luke Vidor Revocable Trust (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) Friday, April 8, 2016 and send the Affidavit of Publication, in Duplicate, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500162858 March 28, 2016 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on April 8, 2016, and furnish proof of publication to the attention of the Board's Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ENGINEERING & NATURAL RESOURCES [Environmental Planning Section) FUND& COST CENTER: 131-138350-649100 PURCHASE ORDER NUMBER: 4500162858 Account Number: 507876 Su nvner 13. Ara.que' Authorized Designee signature for HEX Advertising P120150002562 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M.,on Thursday,April 28th,2016, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Engineering and Natural Resources Division, Environmental Planning Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida o ' n o in o � Z • nen I DR 4 • fl 11 He m • . - T miTRL'N -' _ ' Geo.eae-En4k R. -- Martha S. Vergara From: Martha S.Vergara Sent: Wednesday, March 30, 2016 9:22 AM To: Legals NDN (legals @naplesnews.com) Subject: CCSV-PL20150002562 Vidor(HEX) Attachments: CCSV-PL20150002562 Vidor(HEX 4-28-16).doc; CCSC-PL20150002562 Vidor(HEX 04-28-16).doc; CCSV-PL20150002562 Luke Vidor Revocable Trust (HEX 4-28-16).pdf Hello, Please advertise the following attached ad Friday, April 8, 2016 (display ad w/map). Please forward an ok when received, if you have any questions feel free to call me. Thanks Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara @collierclerk.com 1 Martha S. Vergara From: Gori,Ivonne <ivonne.gori @naplesnews.com> Sent: Wednesday, March 30, 2016 4:43 PM To: Martha S.Vergara Subject: RE: CCSV-PL20150002562 Vidor(HEX) Confirmed receipt. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 E: ivonne.qoriNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 a ICS 4Daiiti Nees Natp4esNewscorn From: Martha S. Vergara [mailto:Martha.Vergara @collierclerk.com] Sent:Wednesday, March 30, 2016 9:22 AM To: Legals NDN <legals @naplesnews.com> Subject: CCSV-PL20150002562 Vidor(HEX) Hello, Please advertise the following attached ad Friday, April 8, 2016 (display ad w/map). Please forward an ok when received, if you have any questions feel free to call me. Thanks Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara @collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodesk©collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 1 Martha S. Vergara From: Gori, Ivonne <ivonne.gori @naplesnews.com> Sent: Thursday, March 31, 2016 4:21 PM To: Martha S. Vergara Subject: Proof 1023076 Attachments: NDNB1023076.pdf Proof attached for your review and approval. Thanks! Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 E: ivonne.gori(ci)NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Napirs BMW Nous c PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., on Thursday,April 28th, 2016, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: 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. �..JI 1- PROJECT BI :bill,V 111 HAVE LOCATION ! f : f 1/ aeryBe . F. Y J ( _ Ro\zi II interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Engineering and Natural Resources Division, Environmental Planning Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.1023076 April 8.2016 Martha S. Vergara From: Martha S.Vergara Sent: Thursday, March 31, 2016 4:29 PM To: Rodriguez, Wanda; BrownAraque, Summer; BeasleyRachel (RachelBeasley @colliergov.net); Ashton, Heidi Subject: CCSV-PL20150002562 - Vidor Attachments: NDNB1023076.pdf Hello All, Attached is the ad proof from NDN, please review and let me know any changes needed. Thanks, Martha 1 Martha S. Vergara From: Gori, Ivonne <ivonne.gori @naplesnews.com> Sent: Friday, April 01, 2016 12:40 PM To: Martha S.Vergara Subject: REVISED 1023076 Attachments: NDNB1023076.pdf See revised proof attached. Thanks! Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 E: ivonne.goric NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 torn 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,April 28th, 2016, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: 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. rf, - CJ_ PROJECT BI b'II'V »+ Ave LOCATION I! r— i ref All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Engineering and Natural Resources Division, Environmental Planning Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.1023076 April 8.2016 Martha S. Vergara From: Martha S.Vergara Sent: Friday, April 01, 2016 1:39 PM To: 'Gori,Ivonne' Subject: RE: REVISED 1023076 Ivonne, This revision to the ad has been reviewed and approved by the legal dept., please proceed with publishing. Thanks, Martha From:Gori, Ivonne [mailto:ivonne.gori @naplesnews.com] Sent: Friday, April 01, 2016 12:40 PM To: Martha S. Vergara<Martha.Vergara @collierclerk.com> Subject: REVISED 1023076 See revised proof attached. Thanks! Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 E: ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Napirs Dtit rut sN. . .com Martha S. Vergara From: Gori, Ivonne <ivonne.gori @naplesnews.com> Sent: Friday, April 01, 2016 1:39 PM To: Martha S.Vergara Subject: RE: REVISED 1023076 Thank you, released. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 E: ivonne.gori NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 • es D . i .t carte From: Martha S. Vergara [mailto:Martha.Vergara @collierclerk.com] Sent: Friday, April 01, 2016 1:39 PM To: Gori, Ivonne <ivonne.gori @naplesnews.com> Subject: RE: REVISED 1023076 Ivonne, This revision to the ad has been reviewed and approved by the legal dept., please proceed with publishing. Thanks, Martha From: Gori, Ivonne [mailto:ivonne.gori @naplesnews.com] Sent: Friday,April 01, 2016 12:40 PM To: Martha S. Vergara <Martha.Vergara @collierclerk.com> Subject: REVISED 1023076 See revised proof attached. Thanks! Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 E: ivonne.gori(a�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 4tcti Daillzi NOUS corn Please visit us on the web at www.collierclerk.com 1 .4 :‘apiapLrø B ai rwEi NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement;and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 1023076 PUBLIC HEARING Pub Dates April 8,2016 1 (Sign ure of affiant) 2 ImillirlhAlrailbideakiilhollbmilhiMiulP Sworn to and subscribed before me 1 ,►�"�':;,N• IVONNE GOBI I ��Mr:�- Notary Public-State of Florida This April 18, 16 1 Commission ;r FF 900870 1 My Comm.Expires Jul 16,2019 u,a Bonded through National Notary Assn /0-04. Pi rqpmrmep-irlirm•-ipw-qrqp-wwfo (Signatur of affiant) ' NAPLES 0AlLv NEWS E Friday,Apri15,2016 a 11A PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Colter County Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 AM.,on Thursday,April 28th,2016,in the Hearing Examiner(HEX)at 9:00 AM.,on Thursday,April 28,2016 in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room Hearing Examiner's Meeting Room,at 2800 North Horseshoe Dove,Room 609/610,Naples FL 34104,to consider. 609/610,Naples FL 34104,to consider PL7RION NO.CCSV-PL20150002562-The Luke Valor Revocable TrustPETITION NO.VA-PL20150000886-Larry and Bonnie Lauffer request a to requests a 25 foot variance from the coastal construction setback lie(CCSL), varianceethefrrom Section yard princip l structure Table s orbtck Lae Development Codeet to allow construction of accessory improvements including a fence,pool,spa, reduce ham t yar difro 25feetsetback feet tae from 25 feet to yard13 or X sun and covered deck areas,patio,stairs,storage, on the south frbit yard and from that feet to 10.6 onthe eastb front er for � UI veranda,landscaping and an existing mobile home carport was enclosed without a building permit irrigation,all of which are located on property with a street address of 10381 in 2014 on property within the Mobile Home(MH)zoning district,located Z Guff Shore Drive and described as Lot 43,Block A,Re-subdivision of Part on an unrecorded lot at 226 Rookery Road,lust norm of Manatee Road, of Unit No.1 Conner's Vanderbilt Beach Estates in Section 29,Township 48 approximately 1000 feet east of Collier Boulevard(S.R.951) in Section 10, C Q South,Range 25 East,Colter County,Florida Township 51 ySouth,1000 Range 26 East,Colter County,Florida. O W I 0 _ _ • \' .d i 1,- Q U uree,n .,,," "'� d r J «.rax ✓• Z a d d/ 1 .A110 LOCATION • .* ..,,", S• II Lr I All interested parties are invited to appear and be heard. All materials used _. in presentation before the Hearing Examiner will become a permanent part til --'-" I `io ��"` I 4 C of the record. All interested parties are invited to appear and be heard.All materials used NCopes of staff report are available one week prior to the hearing. The file of the record. before the Hearing Examiner will become a permanent part l can be reviewed at the Collier County Growth Management Department, U) Engineering and Natural Resources Division,Environmental Planning Section, Copies of staff report are available one week prior to the hearing.The fib can 2800 North Horseshoe Drive,Naples,FL be reviewed at the Collier County Grower Management Department,Zoning • RS C Division.Zoning Services Section,2800 North Horseshoe Drive.Naples,FL N a i=r The Hearing Examiner's decision becomes final on the date rendered, If a The Hearing Examiner's decision becomes final on the date rendered. If a VC 0. person decides to appeal any decision made by the Collier County Hearing person decides to appeal any decision made by the Collor County Hearing C O .0 Examiner with respect to any matter considered at such meeting or hearing, Examiner with respect to any matter considered at such meeting or hearing, > 'Ill C) M he will need a record of that proceeding,and for such purpose he may treed he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record N includes the testimony and evidence upon which the appeal is to be based. to ensure teat verny and record of the uponprchichi the is made,which record < Q (/� (� includes the testimony evidence which appeal is to be based. If you area person with a disability who needs any accommodation in order If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no coat to you,to the to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101,Naples, Management Division located at 3335 Tamiami Trail East,Suite 101.Naples. Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. C Mark Strain, Mark Strain, Chief Hearing Examiner Chief Hearing Examiner Collier Courcy,Florida MI Collier County,Florida N N 3.1040076 bit LEM. MC 104.1713 MN J.2011 IM x V PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE c Q U Q NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING ✓ Z C) Z Notice is hereby given that a public hearing will be held by the Collier County Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)et 9:00 A.M.,on Thursday,April 28,2016,in the Hearing Examiner(HEX)at 9:00 A.M.,on Thursday,April 28,2016 in the •- Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider. 809/610,Naples,FL 34104,to consider E PETITION NO.BD-PL20150002551-Mark and Nicole Scudillo request a PETITION NO.PDI-PL20160000467-BC Naples Investments,LLP requests • M 5.2-foot boat dock extension over the maximum 20 feet allowed by Section an insubstantial change to Ordinance Number 2003-11,as amended,the N z ) 5.03.06 of the Lend Development Code,ler a total protrusion of 25.2 feet,to East Gateway Mixed Use Planned Unit Development,to reduce the minimum .0o 0.. accommodate a new docking facility with a new boathouse for the benefit of lot area for single family zero lot line unit in Tract"C/R"and Tract"I/B/R" E CC >+ Lot 25.Block S,Conner's Vanderbilt Beach Estates Unit No.3,also described from 3,190 square feet to 2.480 square feet for the PUD property located on as 117 Egret Avenue,n Section 29,Township 48 South,Range 25 East, the north side of Davis Boulevard and west of Collier Boulevard in Section t" l- Collier County.Florida. 1 � 34,Township 49 South.Range 26 East,Collier County,Florida consisting of yN 0 \v 1 ..,uQe.--'6r, i 'rl 37.35:acres. Q � in U tot., .`:"° �\ w- 1 r - PROJECT \ .r.«ts WIT- ter` LOCATION PROJECT ,I - LOCATION r- 4ao11c 'R'1 F., win' =.;\ � e .. '1 I # All interested parties are invited to appear and be heard.All materials used in All interested parties are invited to appear and be heard.AN materials used presentation before the Hearing Examiner will become a permanent part of in presentation before the Hearing Examiner wit become a permanent part the record. of the record. Copies of staff report are available one week prior to the hearing,The file can Copies of staff report are available one week prior to the hearing.The file can e--, be reviewed at the Collier County Growth Management Department,Zoning be reviewed at the Coffer County Growth Management Department,Zoning (,) ,A Division,Zoning Services Section,2800 North Horseshoe Drive,Naples,FL Division,Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. CD Hearing Examiner's decision becomes final on the date rendered. If a The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing person decides to appeal any decision made by the Collier County Hearing 1 C Examiner with respect to any matter considered at such meeting or hearing, Examiner with respect to any matter considered at such meeting or hearing, N he will need a record of that proceeding,and for such purpose he may reed he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record to ensure that a verbatim record of the proceedings is made,which record COincludes the testimony and evidence upon which the appeal is o be based. includes the testimony and evidence upon which the appeal is to be based. ______,=IW If you are a person with a disability who needs any accommodation in order If you are a person with a disability who needs any accommodation n order ion* ` 0 to participate n this proceeding,you me entitled,at no cost to you,to the to participate in this proceeding,you are entitled,at no cost to you,to the msprovision of certain assistance. Please contact the Collar County Facilities provision of certain assistance. Please contact the Copier County Facilities Kr1 Management Division located at 3335 Temiami frail East,Suite 101,Naples, Management Division located at 3335 Tamiami Trail East.Suite 101,Naples, "/ei Florida 34112-5356,(239)252-8380,at bast two days prior to the meeting. Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. • rte Mark Strain. Mark Strain, Alar! Chief Hewing Examiner Chief Hearing Examiner iaF Cohier County,FloridaCollier County,Florida tam )IX` Ne 10263117N.r AD2011 951092illLaiu 64 Mt tie+ a �CO .0 CO PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M., on Thursday,April 28th,2016, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: 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. PROJECT BluebiII VE mTHAVE LOCATION I tia °defbilt ge_ each ItD All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Engineering and Natural Resources Division, Environmental Planning Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. EXHIBIT Mark Strain, Chief Hearing Examiner Collier County, Florida No.1023076 a I 2q y' ' ` ADM 8.2016 March 29, 2016 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on April 8, 2016,and furnish proof of publication to the attention of Dan Smith, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the followlnon ALL Invoices: DIVISION:ZONING [Zoning Services Section) FUND&COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500161942 Account Number: 076397 - Authorized Designee signature for HEX Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,April 28, 2016, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples,Florida 34112-5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida o m COLLIER BOULEVARD II m r- MI � m � � (S.R. 951) ` o_i^ cn- o m i o 7) cA i• =I u) -rl � M m D*-1 cZ�Dr • 1 �o Zrn � -i(n z mDDC om N mX) -pz O (4111ML*k Alk Allillblib,_# N= m m O w v wn ........;_______- mmzpm SODm< -0 00I-ximm 730M ocn O > C) '-. on � � o N S xi `� = 0 O .gym = / >c_ zn r * D -,, �y I- A C D � - N rn w < 10 p D rn . :U Z 0 w —I — m C) —I m m m m D m D 73 rnm rnD cn m I w r Old Acct #076397 New Acct #507876 March 29, 2016 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: VA-PL20150000886, Larry and Bonnie Lauffer (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) Friday, April 8, 2016 and send the Affidavit of Publication, in Duplicate, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500162858 March 29, 2016 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on April 8, 2016 and furnish proof of publication to the attention of the Board's Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500161942 Account Number: 076397 Authorized Designee signature for HEX Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,April 28, 2016, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida n m COLLIER BOULEVARD 1111 ,moi \.. � m > (S.R. 951) Z7 \ xiD pew .(< OK W �� N ND -1 m � Z- D m yN O . 1K:o D c�i (ii xDNc� x O in ill ---1 N \ C7 . z mn0 � p mKz �mrn NO-0 n O > C) ?1 z.. o p - r N � m oro O vcNnz p cri Ln n 0 rnm / _I L � � O rn --1 r * D .44))/ rn C D / N I- N n N rn / xl -o > < rn . xZp N —I — mo -Imxim mN D73 rn U) m � � Martha S. Vergara From: Gori, Ivonne <ivonne.gori@naplesnews.com> Sent: Wednesday, March 30, 2016 4:43 PM To: Martha S.Vergara Subject: RE:VA-PL20150000886 Lauffer(HEX) Confirmed receipt. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 E: ivonne.cloriCa�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 `O NaptesNews cr.' From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com] Sent:Wednesday, March 30, 2016 9:28 AM To: Legals NDN <legals@naplesnews.com> Subject: VA-PL20150000886 Lauffer(HEX) Hello, Please advertise the following attached ad Friday, April 8, 2016 (display ad w/map). Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara a,collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 1 Martha S. Vergara From: Gori,Ivonne <ivonne.gori@naplesnews.com> Sent: Friday, April 01, 2016 3:48 PM To: Martha S. Vergara Subject: 1024713 Proof Attachments: NDNB1024713.pdf Please see proof attached for your review and approval. Thanks! Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 E: ivonne.gori(c�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Napteli Danl.; Atalti esNev,s,::om 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, April 28, 2016, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: 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 261 East, Collier County, Florida. \ J C/ FALLING WATERS WINDING No EACHRESORT CYPRESS (DRI) NAPLES RESERVE NAPES21 ARTESA MOTORCOACH POINTE RESORT DOCKSIDE N. ��DENCE PROJECT LOCATION `/ �...``Y WALNUT • REGAL �p LAKES ACRES — r m e 1011 (60 l 12 PARADISE COPPERCOVE Op �w'< POINTE AI', SGM BUSINESS PRESERVE ' . RV RST CTR. OF NAPLES O MARCO SHORES/ CHARLES 0 SILVER LAKES ---,\ FIDDLER'S CREEK ESTATES (DRI) 4 All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.1024713 April 3.2016 Martha S. Vergara From: Martha S. Vergara Sent: Friday, April 01, 2016 4:01 PM To: Rodriguez,Wanda; BeasleyRachel (RachelBeasley@colliergov.net); Ashton, Heidi; Smith, Daniel Subject: VA-PL20150000886 - Lauffer Attachments: N D N B 1024713.pdf Hello All, Attached is the ad proof from NDN, please review and let me know if there are any changes needed. Thanks and have a great weekend, Martha 1 Martha S. Vergara From: Rodriguez,Wanda Sent: Friday,April 01, 2016 4:10 PM To: Martha S.Vergara Cc: BeasleyRachel; Ashton, Heidi; Smith, Daniel Subject: RE:VA-PL20150000886 - Lauffer Looks fine to me. Wanda Rodriguez, MCP .Advanced Certified Paralegc1C Office of the County.Attorney (239)252-8400 From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Friday, April 01, 2016 4:01 PM To: RodriguezWanda; BeasleyRachel; AshtonHeidi; SmithDaniel Subject: VA-PL20150000886 - Lauffer Hello All, Attached is the ad proof from NDN, please review and let me know if there are any changes needed. Thanks and have a great weekend, Martha Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Martha S. Vergara From: Martha S. Vergara Sent: Friday, April 01, 2016 4:11 PM To: 'Gori, Ivonne' Subject: RE: 1024713 Proof Hi Ivonne, The legal department has reviewed and approved this ad proof, please proceed with publishing as requested. Thanks, Martha From: Gori, Ivonne [mailto:ivonne.gori@naplesnews.com] Sent: Friday, April 01, 2016 3:48 PM To: Martha S.Vergara <Martha.Vergara@collierclerk.com> Subject: 1024713 Proof Please see proof attached for your review and approval. Thanks! Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 E: ivonne.gori(c�NaplesNews.com A: 1100 Immokalee Road Naples, FL 34110 IN a P NOUS Newsk 1 4 4 sit rs Battu NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement;and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 1024713 PUBLIC HEARING Pub Dates April 8,2016 1 1 1 �0 $277 (Sign lure of affiant) ac "�i IVONNE GORI Sworn to and subscribed before me 1 ,..sem w••iry This April 18, 16 ' Notary Public-State of Florida ` • Commission *FF 900!)70 'dsMy Comm.Expires Jul 16.2019 �/ . . 0 lot" Bonded through National Notary Assn. I /W'11 (Signatur of affiant) ' NA OL E S Oiv LV NEWS I Friday.April 8,2016 a 11A PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be hell by the Collar County Notice is hereby given that a public hearing wit be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,on Thursday,April 28th,2018,in the Hearing Examiner(HEX)at 9:00 A.M.,on Thursday,April 28,2016,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Dove,Room Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider, 609/610,Naples FL 34104,to consider: PETITION NO.VA-PL20150000886-Larry and Bonnie Lacier request a PETITION NO.CCSV-PL20150002562-The Luke Vidor Revocable Trust variance from Section 4.02.01 A.,Table 2.1 of the Land Development Code to requests a 25 toot variance from the coastal construction setback line(CCSU, reduce the front yard principal structure setback line born 25 feet to 13 feet to allow construction of accessory improvements including a fence,pool,spa, on the south front yard and front 25 feet to 10.6 feet on the east front yard for X sun and covered deck areas,patio,stake,storage,veranda,landscaping end all of which are located on propertyan 20141onng mobile home carporttheMobilethab was enclosed without a building permit irrigation, vrith a street address of 10381 in property within the Home(MH)zoning district.located S Z Gulf Shore Drive and described as Lot 43,Block A,Re-subdivision of Part on an unrecorded let at 226 Rookery Road,just north of Manatee Road, of Unit No.1 Comers Vanderbilt Beach Estates in Section 29,Township 48 approximatey 1000 feet east of Collier Boulevard(S.R.951) in Section 10, C Q South,Range 25 East,Cotter County,Florida Township 51 South,Range 26 East, County,Florida. at m umAnea= PIVINCT aAw.w� ,..v 1 O Q � PPC , ' LOCATIOJEONT O z a a I��,.� '�wa�ry flir • "`r din ,x . All interested parties are invited to appear __ �\ T to PI1ear arid be heard.All ermaterialsen used ill -r\ ,, w' � :,,,.,,, in presentation before the Hearing Examiner will become a permanent part ii '"""" "C of the record. AN interested parties are invited to appear and be heard. All materials used pre N Copes of staff report are available one week prior to the hearing. The fib of the r�ecad n before the Hearing Examiner will become a permanent part CU can be reviewed at the Collier County Growth Management Deparbnent, Engineering and Natural Resources Division,Environmental Planning Section, Copies of staff report are available one week prior to the hearing.The file can 2800 North Horseshoe Drive,Naples,FL be reviewed at the Collier County Growth Management Department,Zoning L 0 Division.Zoning Services Section,2800 North Horseshoe Drive,Naples,FL Nd w, The Hearing Examiner's decision becomes final on the date rendered. If a The Hearing Examiner's decision becomes final on the date rendered. If a VC 0. Person decides to appeal any decision made by the Cotter County Hearing person decides to appeal any decision made by the Collier County Hearing 0 0 .0 Examiner with respect to any matter considered at such meeting or hearig, Examiner with respect to arty matter considered at such meeting or hearing, , he will need a record of that proceeding,and for such purpose he may need > 4) 0 he wit need a record of that proceeding,and for such purpose he may need -0 O) N a) to ensure that a verbatim record of the proceedings a made,which record to ensure that a verbatim record of the Q < co o includes the testimony and evidence upon which the appeal is to be based. includes the testimonyand evidenceuponnwwhich theamis made,which recordd appeal is to be based. lf you are a person with a disability who needs any accommodation in order If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you we entitled,at no cost to you,to the to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Colier County Facileies provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101,Naples, Management Division located at 3335 Tamiami Trail East,Suite 101,Naples, Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Florida 34112-5356,(239)252-8380,at lit two days prior to the meeting. C Mark Strain, Mark Strain, Chief Hearing Examiner Chief Hearing Examiner in Collier County,Florida Collier County;Florida N N 12,10]]0M Ao,1111 201( N0-1021713 0.061a ane N X PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE N Q t1 Q NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING r Z to) Z Notice is herebygiven that apublic hearing will be held by the Collier County Notice is hereby given that a public hearing will be held by the Geller County Hearing Examiner(HEX)at 9:00 A.M.,on Thursday,April 28,2016,in the Hearing Examiner(HEX)at 9:00 A.M.,on Thursday,April 28,2016,in the L Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room ' 2 609/610,Naples FL 34104,to consider: 809/610,Naples,FL 34104,to consider E PETITION NO.BD-PL20150002551-Mark and Nicole Scudillo request a PETITION NO.PDI-PL20160000467-BC Naples Investments.LLP requests L 5.2-foot boat dock extension over the maximum 20 feet allowed by Section an insubstantial change to Ordinance Number 2003-11,as amended,the N 5.03.06 of the Land Development Code,for total protrusion of 25.2 feet.to East GatewayMixed Use Planned Una Development,Z Tract' /reduce the minimum � C � accommodate a new docking facility with a new boathouse for the benefit of let area for single family zero lot brie unit in Tract"C/R"and Tract"I/B/R` E C Lot 25.Bock S.Corner's Vanderbilt Beach Estates Unit No.3,also described from 3.190 square feet to 2,480 square feet for the PUD property located on as 117 Egret Avenue,in Section 29,Township 46 South,Range 25 East, the north side of Davis Boulevard and west of Collier Boulevard in Section Z j33 aj p Collier County,Florida. 34,Township 49 South.Range 26 East,Collier County,Florida consisting of ": rs 37.352 acres. -0-0 In NO \ \toor. r Q V _ CUL, 0 11.100 . l vwaaT PROJECT O .f -: .� ..1aa1�e � iLOCATIONLOCATION 1 „�,o7_��.0uI...ah wu . 5ir€ e .e`dm "wal All interested parties are invited to appear and be heard.All materials used in All interested parties are invited to appear and be heard.All materials used presentation before the Hearing Examiner will become a permanent part of in presentation before the Hearing Examiner wit become a permanent pat the record. of the record. Copies of staff report are available one week prior to the hearing.The file can Copies of staff report are available one week prior to the hearing.The file can be reviewed at the Cotler County Growth Management Department,Zoning be reviewed at the Collier County Growth Management Department,Zoning Pao^� V ,A Division,Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. Division,Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. 1� W The Hearing Examiner's decision becomes final on the date rendered. If a The Hearing Examiner's decision becomes final on the date rendered. If a O person decides to appeal any decision made by the Cofer County Hearing person to appeal any decision made by the Coxa County Hearing •a he willExaminer with respect to arty meter considered at such meeting or hearing, Examinerdecidesth respect to any matter considered at such meeting or hearing, 1 v{ N he will need a record of that proceeding,and for such purpose he may need he wit reed a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record to ensure that a verbatim record of the proceedings is made,which record COincludes the testimony and evidence upon which the appeal is to be based. includes the testimony and evidence upon which the appeal is to be based. gaea(�n W If you are a person with a disability who needs any accommodation in order If you are a person with a disability who needs any accommodation in order Bea O. CO to participate in this proceeding,you are entitled,at no cost to you,to to to participate in this proceeding,you we entitled,at no cost to you,to the Brei$ 2 „ provision of certain assistance. Please contact the Collier County Facilities provision of certain assistance. Please contact the Collier County Facilities 4'6I L Management Division located at 3335 Tarniami Trail East,Suite 101,Naples, Management Division located at 3335 Tamiami Trail East.Suite 101,Naples, /j-�-t{ eL Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. �[^'t luta Mark Strain. Mark Strain, jt�! Chief Hearing Examiner Chief Hearing Examiner sir..K91 Collier County,Florida Collier County,Florida epl0%a.1 Aome 2010 Na]suYu2 aa.t are Burs=ts. �r�r I L LL OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM % f:2t ' TO: Minutes & Records, Clerk of Courts FROM: Wanda Rodriguez, ACP 8`1 DATE: May 3,2016 RE: Hearing Examiner Decision(s) from April 28,2016. Attached are the signed HEX decisions from the Hearing Examiner hearing on April 28, 2016. Attachments: HEX No. 2016— 14 HEX No. 2016— 15 HEX No. 2016— 16 [05-00A-01253/813782/11744 HEX NO. 2016 — 15 HEARING EXAMINER DECISION 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. DATE OF HEARING: April 28, 2016 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that each of the criteria set forth in Section 9.04.03 of the Land Development Code has been met and the petition is approved. ANALYSIS: This application was initiated as a result of a code enforcement case. Letters in support of this application were received from the Homeowners Association and fourteen neighboring property owners. No members of the public, other than the applicant, were in attendance and no communications were received opposing this application. Staff has indicated that the carport creating the setback violation was constructed in 1982. DECISION: The Hearing Examiner hereby approves Petition No. VA-PL20150000886 filed by Larry and Bonnie Lauffer, for a variance from LDC Section 4.02.01 A, Table 2.1, 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 on the property described in Exhibit A, and as shown in the Setback Map attached as Exhibit B, and as subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A—Legal Description Exhibit B — Setback Map [15-CPS-01440/1253052/1]26 1 of 2 LEGAL DESCRIPTION: See Exhibit A. CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. The Owner/Applicant shall apply for a building permit for the carport and receive a Certificate of Occupancy within six (6) months of the date of this Hearing Examiner Decision. DISCLAIMER: Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. Date Mark Strain, Hearing Examiner Approv as to rm and legality: Scott Stone Assistant County Attorney [15-CPS-01440/1253052/1]26 2 oft *** 011: 3543 PG: 2360 *** Exhibit A Commencing at the Southeast corner of Lot 9, Block D, Riverwood, Unit No. 2, as recorded in Plat Book 10, Page 90, of the Public Records of Collier County, Florida, run South 89°20'26" East 505.00 feet along the North boundary of Rookery Road to the Point of Beginning; thence continue along said line 57.42 feet to a point of curve, said curve having a radius of 25.00 feet and a central angle of 90°00'; thence along the arc of said curve concave to the Northwest 39.27 feet to the Point of Tangency; thence North 0°39'34" East 55.00 feet along the West bouncaI'y of G ava Drive; thence North 64°53'47" West 120.83 feet; thence South 0°39'34" West 1 (9`�f r � rth 89°20'26" West 17.42 feet; thence South 21°34'45" East 118.90 feet to the'•'P bf B- ginning, Sland l 'g'and being in Section 10, Township 51 South, Range 26 East, Collier ty, Florida. Together with 1973 FESTI Mobile HHS D#32D34Cs2� 4X, Titl #6073272 and 1973 FESTI Mobile Home, ID#32D34CS2554Ut, Titl #6173270. .�-� _ +; � \ ' � I 1 ,i! \ i *�, - ` C) Exhibit B El ' �` o 7 15 30 60 GRAPHIC SCALE CURVE RADII LAKE rc iii CURVE RADII J 00 rain. t2 '.a N se4 �� Rota \ 4 ;.�I. W 12G' W B • 3,... - t 12peo3 (D� i t (Mj 7 \ ``�B� \t tet`` A/C PAD N° ` I i t • t'a. tt ln f N I a \t\ % 14.\ ' 2 a .. t& \ �.� SF o , d A' .. t`t i "f; CONCRETE 10 S I \ i �' DRIVE 5 n 19 1 a. C7o. i ♦ f W W I 01 J / 10.6' Ne X I K6 O 99" ytiC:S .2. I i./ .- Ob W �. O $. r) v> ra �/ 88 �o Q . Q i O 4T ,�>,-� z z w & / ` na 1 °> 25, \ _ , . -----30D- ----� 3 t I �� „ i wru s, ,CANNER as N ® j I < I tors S 89'20'26" E 502.72' (M) NM Ia. aEc.a '� MO 0 a)'II O ✓ S 89'20'26" E 505.00' (0) cx S •• 1'32" 57.39 M ® I 8.0.8, ' al 89'20'2. E 57.42' (P) i b eaP ,i -------------- � ----------L---_- -—- ---- . C/L ROOKERY ROA) (sn' P/w1 Setback Map VA-PL20150000886,226 Rookery Road AGENDA ITEM 4-B Co er 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) EXHIBIT A VA-PL20150000886,226 Rookery Road cg hex yZe1.1(0 Hearing 4/28/2016 Page 1 of 8 >' us YE]v aI ANN � " i� © r M Hl W — a i � �s ;� ...alliviOi wv 7 a 511111 � ® �� E7 O zxJ ."L. m O :d� ���i0 7�GQ7 a, 0 1� !!rr -dr„ti 1 ) fretranaraoavav - : I a ■� 115111131151511311111 i ; ,o''i ©v bzkii art -- o O a ❑rfL-T<>0 00 Ur c1 i, 00 i! of roi *30 10 749 2 — 0 h - 012 O '% :,,wir aoP� as i n g : 0O El N 1 s-i�H 1 --deo- 41. Ii6 : °oo©❑o 2 „, ir,... 0,170, 0ini 0. ass yrs) airomnoa — NMIXIIIIIIft $' a OfX z - er H o: 4 W a e SI i it li a . , 1 _ i __. je 41 ,., I g < 11/ i 2 • Z I a Ili . x IP -1 E§ . li s IP ,,,,,, o ri a ,,M .-"'Il /�� teIii 113 , ".' I X ' ;fig" kr'.; i ,____,2 A ,,,,, a tG I 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 r .. I s I a n d Lak, ,LN --lir"".. : I , wens m W CD e3 67 - r , ; �.�.•• a . �i7 ij. . _, - fl es'"* tfl 224 fl� oral , :fin #b b 1 .. ' Subject Property Rookery :14' '.• .-4,.:41k. "Mk , --- - t X' 4 1-.1 '". W - - Illr' 4.44 4nerIi flt� sEe .} 217 — 2 2 3 Eflei ,; e t dMl► W ' 895 a . Unit 1-8 10, �a gg 879 ' 883 885 887 889 891 893 895 _897 .. + S , r,�,'. Iningdit --ikon "s '' ,.#`eke a.�' , r ., k" 6f * 6 na, � p p;yl�. Manatee •RD ,u 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. �_ ■ • o 7 15 30 60 GRAPHIC SCALE 'IL CURVE RADII LAKE co, CURVE RADA O r- hr s dpi Mo ID' L2 RCM /V @ 4`sV BjR EO ` X 80• G'r `\` ``. r �A/C PAD rya t. l 4 t,.�s �,�` <,/;# 4,; r.t9fi t 0.FR ` CONCRETE O I O ¢, ! g M 1• 10.6' !1. * 1 0:W O. o « Q O / 8 8 D: o- 1 b I O C. *41/ .. Z Z V i 0< —• ...� .. . .... NO LD. -----30.0' ,---...1 c� N. a... 1,C -B _ - /coNciizi "E xsv�ct I c� ora> N LOT S CORNER P.O.B. ® b , S 89'20'28" E 502.72' (M) wo io, air-a n C I v V S 89'20'28" E 505.00' (0) civ S 1'32" 57.39 (M) ® i 8.0.8. ; TEL 89'20'2 E 57.42' (P) , b RV I I .1 II i C/L ROOKFRY ROAD (RD' R/W) 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: DANIEL JAME1 S SMITH, AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: - 4-#6, RAYM�i D . BELLOWS, ZONING MANAGER ATE ZON C DIVISION "3'7 MICHAEL BOSI, AICP. DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING VA-PL20150000886,226 Rookery Road Hearing 4/28/2016 Page 8 of 8 Colder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239)252-6358 VARIANCE PETITION APPLICATION Variance from Setbacks Required for a Particular Zoning District LDC section 9.04.00&Code of Laws section 2-83 2-90 Chapter 3 J. of the Administrative Code PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): 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: Iauffernaples©centurylink.net Name of Agent: Same as above Firm: Address: City: State: ZIP: Telephone: Cell: Fax: E-Mail Address: BE AWARE THAT COLLIER 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 -may Co CT ca unty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239)252-6358 PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application: (If space is inadequate,attach on separate page) Property I.D. Number: 733800001 Section/Township/Range: 10 X51 X26 Subdivision: River Wood Estates Unit: 2 Lot: 9 Block: D Metes& Bounds Description: Total Acreage: Address/General Location of Subject Property: 226 Rookery Road ADJACENT ZONING AND LAND USE Zoning Land Use N C-3,MH,Dockside PUD Mobil Homes,Vacant Property $ 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 ■ No Side: Waterfront Lot: Yes No • 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 Cairier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239) 252-6358 ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: 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 Ca e-Y County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239)252-6358 b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health,safety or welfare. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings,or structures in the same zoning district. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood,or otherwise detrimental to the public welfare. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes,golf course,etc. h) Will granting the variance be consistent with the Growth Management Plan? 4. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes1 No If yes, please provide copies. 6/4/2014 Page 4 of 6 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: Variance Chapter 3 J. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW #OF COPIES REQUIRED NOT REQUIRED Completed Application(download current form from County website) 0 Q ❑ Pre-Application Meeting Notes 1 Q ❑ Project Narrative 0 0 ❑ Completed Addressing Checklist 1 Q ❑ Conceptual Site Plan 24"x 36"and one 8/2"x 11"copy Q Q ❑ Survey of property showing the encroachment(measured in feet) 2 0 ❑ Affidavit of Authorization,signed and notarized 2 ❑ ❑ Deeds/Legal's 3 ❑ ❑ Location map 1 ❑ ❑ Current aerial photographs(available from Property Appraiser)with project boundary and,if vegetated,FLUCFCS Codes with legend 5 ❑ ❑ included on aerial Historical Survey or waiver request 1 Cl ❑ Environmental Data Requirements or exemption justification 3 ❑ ❑ Once the first set of review comments are posted,provide the assigned 1 ❑ ❑ planner the Property Owner Advisory Letter and Certification Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all 1 ❑ ❑ materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 6/4/2014 Page 5 of 6 C=a er unty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Planners: Indicate if the petition needs to be routed to the following reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: ❑ Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet ❑ Addressing:Annis Moxam ❑ Graphics: Mariam Ocheltree ❑ City of Naples:Robin Singer, Planning Director ❑ Historical Review ❑ Comprehensive Planning:See Pre-Application ❑ Meeting Sign In Sheet Immokalee Water/Sewer District: ❑ Conservancy of SWFL:Nichole Ryan ❑ Parks and Recreation:Vicky Ahmad ❑ County Attorney's Office:Heidi Ashton-Cicko ❑ Transportation Pathways:Stacey Revay ❑ Emergency Management:Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlock ❑ Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky ❑ Other: ❑ Utilities Engineering:Kris VanLengen I FEE REQUIREMENTS ❑ Pre-Application Meeting:$500.00 O Variance Petition: o Residential-$2,000.00 o Non-Residential-$5,000.00 o 5th and Subsequent Review-20%of original fee O 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 ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Applicant Signature Date Printed Name 6/4/2014 Page 6 of 6 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 -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 is not 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 @226 Rookery Rd.is positioned diagonally onproperty -226 Rookery Rd is one ofvery few corner lots with house positioned diagonally -further setback ofthe home and carport is not 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 and/or positioned parallel to either Rookery Rd or Lake Diane Lane,to prevent any setback issues. c) The carport enclosure is complete,of highquality 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 golf courses(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 In summary,the petitioner has already invested over$12,000 in material and over 100 hours oflabor fmishing and detailing the subject enclosed carport. Denial of this request will result in significant loss as most ofthe material and all of the petitioner's labor will be lost,notwithstanding the variance and petition fees,services, labor and additional cost involved to remove and dispose ofthe enclosure. C`'1 N 3Y.d, H U .d, s, .i rxin O7 3 P.U 0,13, 3O o N O o i .mow H. 4 N du:N do 0.. O r-i Cu o rc .'482,'21,n in6:0 a Z W i S U0—u. 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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 to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's"Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words"as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. 1 not Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed) and subscribed before me on 0,S72( 20(6 (date) by 1,10 Ak3 600-A (A EF?Z- (name of person providing oath or affirmation), as who is personally known toy e or who has produced (type of identifica`goi ikation. • STAMPIS EAk�• 6�N•••••. �S Signat ' of Notary Public = N- vr CP108-COAVeauc e. •••.• �` REV 3/24/14 tia r !r m�`,t1 , 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. Respectfully submitted, f1),1=`?r I-� / , 3 it 0Li Date: / 7 / /'.S Signed: dziv-4-/t--_,Xfiee.;, Signed: . `� PL 20150000886 REV 1 Attachment D 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, Paul Frick 219 Rookery Rd. Naples, FL 34114 Date: `I / / / Signed: W Paul Frick 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: y / )J? / �S Signed: 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 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 / /5 441 Signed: /IJ Fred Dreves 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. tliftN 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: / / ' Signed: ��' ( , //(_,c_11 P ��GJ Doug Dennis Signed: ,,,,4tay Sandy Dennis 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/ / /l / Signed: Bruce Bovingdon Signed: k.„2, , 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/ / / /S Signed: `" Jody Whan 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, {'rte,/ Rre,sideat, Riverwood Estates HOA 211 Riverwood Road Naples, FL 34114 Date: 4/ / 7 / Doevc�^ Signed: ... ,4410 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. / (a / ao C5 Signed: _.)4sz\_716ytn:v2eA____L_ Steven Kinnear Signed: , al'l.C' f vli1� 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 submitted, Toofci 11)�� L �S YL, 34t/lq- Date: 7 / / I Signed: C�. ao- 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: 1( / 7 / / Signed: Bill Bush 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. ' -.7),a- 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, 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: Li / 7/ 0C)/6 Signet 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. '—.. Please 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: L.. / 7 / / S Signed: - _f !___,Z,..r.." 614176—) Stephanie Flor ="-'---- Signed: ISZ.A,K__/ Brian Kirkpatrick ��/� -. 4 _ � 9 , ak*.. --'`- mil#t �T ', � ("Jr - • F tl `,fie '.a r , I t r i% s k?i i 1.r p 3i.F ,.. ,, �+ # T. 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' , ,,,,,_ u. ie ,,,;_,: 7-,,----.7--Z'''''. ,wr,,____ =,,,,,...;..„:„...:tt.;....,..„....„,41 .7.11,4,:,... .,...,..,„. _.___„,...,„:7;: 4.7_!,,_ -`.-- '- _ . i . , _ _ _. _ mar 41, • 3 j s : _ r . ,_„.., ., ,._,..,- ,.._:".....:-. - _...„.„.. ..., .„..........,,,, ,,,,,,, _ . . _ :. 41, ,..,____ _, 4 ' a• �_ _,.._._. . ...„...____ _....___ d` „.„ __. „. ... . ,,„„„_. , \i' ',•,,,,‘ '"---7;\;7',.-;:=,„-__ --'- V • ; , ill"-- '_ ,_ F. `T. NAPLES DAILY NEWS (( Friday,April 8,2016 (( 11A PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, April 28, 2016, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: 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. FALLING WATERS BEACH WINDING RESORT CYPRESS (DRI) NAPLES RESERVE EAGLE NAPLES CREEK ARTESA MOTORCOACH 2 1 POINTE RESORT DOCKSIDE •RESIDENCE �, PROJECT LOCATION "74y Cl • WALNUT REGAL ¢ LAKES ACRES ci m N 10 COPPER 11 . (0q - PARADISE W . COVE ONRTST CAGMONI PRESERVE MARCO SHORES/ ` ESTATES SILVER LAKES FIDDLER'S CREEK (DRI) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, EXHIBIT Chief Hearing Examiner Collier County, Florida $ B o . +Ex 4Z.9,lro No.1024713 _ a April 3.2016 From: ReischlFred Sent: Friday, April 01, 2016 1:17 PM To: Minutes and Records Cc: BellowsRay; BosiMichael; Patricia L. Morgan; NeetVirginia; RodriguezWanda Subject: Ad Request East Gateway PDI-PL20160000467 Please process the attached and acknowledge receipt at your earliest convenience. Also, please send confirmation for approval prior to processing/ Thanks- Fred Fred Reischl, AICP Principal Planner Zoning Division Phone: 239-252-4211 colliergov.net r County Under Florida Law,e-mail addresses are public records, If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 2 April 01, 2016 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on April 8, 2016, and furnish proof of publication to the attention of Fred Reischl, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear, Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND&COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500161942 Account Number: 076397 , y Author's ed Designee signature for HEX Advertising PL NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A,M,, on Thursday,April 28, 2016, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples,FL 34104,to consider: 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/lots in Tract"C/R" and Tract "I/B/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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Depai tnient, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida a 0 m Zf � ,r � ( Lo _13 ► ♦ r, G frpa s WWI Nir t kA .. , a :z A. A IIL % 40,,IL i MI ri-) WO '' .....> 1 ._ .s.. g, ix ....,..„. ..41 1/ MM. Skull Fp' r f- OW CD o 10 ] ri- _. ex- im,, 1 1 8 - _. N, n ) '- i-,) 0, 00 I , r,..-� Golfier 3LVL rn -13 DaO o Oa n C O ri, D C. P; iii A ur. N = Z 1 R' Z (D v c a Ff. O /— 3 I- I - , -• - iiii, MEI III _: Ail* cl . AM 1> fai LC ® yamLIM® ®®fiami®�mos ° B 0) o.,s - ® : � !� 1111 s O) - ' ®i:��! ®® ®a G .F • N r ° 'i80 0 TI QC '0Ev �..., , v itii . ,. -,.., ,,,, 111111 . i Ili , 2 ,,, FA a • 1l r 's m I RI— nen Martha S. Vergara From: Reischl, Fred Sent: Friday, April 01, 2016 4:24 PM To: Rodriguez, Wanda Cc: Minutes and Records; Stone, Scott Subject: RE: Ad Request East Gateway PDI-PL20160000467 Attachments: PL2016-467 Ad map.pdf My fault! I sent the wrong map! From: RodriguezWanda Sent: Friday, April 01, 2016 4:20 PM To: ReischlFred <FredReischl@colliergov.net> Cc: 'Minutes and Records' <MinutesandRecords@collierclerk.com>; StoneScott<ScottStone@colliergov.net> Subject: re: Ad Request East Gateway PDI-PL20160000467 Fred, Please choose just one map to use, not a double map as attached here. Scott Stone is reviewing the title, I cannot approve the ad request until the title is finalized. Wanda Rodriguez, MCT .Advanced Certified ParaCegaC Office of the County Attorney (239)252-8400 From: ReischlFred Sent: Friday, April 01, 2016 1:17 PM To: Minutes and Records Cc: BellowsRay; BosiMichael; Patricia L. Morgan; NeetVirginia; RodriguezWanda Subject: Ad Request East Gateway PDI-PL20160000467 Please process the attached and acknowledge receipt at your earliest convenience. Also, please send confirmation for approval prior to processing/ Thanks- Fred Fred Reischl, AICP Principal Planner Zoning Division Phone: 239-252-4211 colliergov.net caber r County 1 Martha S. Vergara From: Rodriguez, Wanda Sent: Friday, April 01, 2016 4:29 PM To: Minutes and Records Cc: Stone, Scott; Reischl, Fred Subject: re: Ad Request East Gateway PDI-PL20160000467 Attachments: PL2016-467 Ad map.pdf Please use the attached map in place of the one previously submitted. In addition there is one deletion in the title as noted here: 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/lets in Tract "C/R"and Tract"I/B/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. -Wanda Rodriguez, MCT Advanced Certified Paralegal Office of the County Attorney (239)252-8400 From: ReischlFred Sent: Friday, April 01, 2016 4:23 PM To: RodriguezWanda Cc: 'Minutes and Records'; StoneScott Subject: RE: Ad Request East Gateway PDI-PL20160000467 My fault! I sent the wrong map! From: RodriguezWanda Sent: Friday, April 01, 2016 4:20 PM To: ReischlFred <FredReischl@colliergov.net> Cc: 'Minutes and Records' <MinutesandRecords@collierclerk.com>; StoneScott<ScottStone@colliergov.net> Subject: re: Ad Request East Gateway PDI-PL20160000467 Fred, Please choose just one map to use, not a double map as attached here. Scott Stone is reviewing the title, I cannot approve the ad request until the title is finalized. Wanda Rodriguez, ACP Advanced Certified Paralegal- Office aralegalOffice of the County Attorney (239)252-8400 1 77, Santa Barba6 BL y-- < < - -, Co*.BLVD ,•. — o Z � OLD Acct #076397 NEW Acct #507397 April 1, 2016 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PDI-PL20160000467, BC Naples Investments, LLP (display ad w/map) Dear Legals: Please advertise the above referenced notice (Display ad w/map) on Friday, April 8, 2016 and send Duplicate Affidavits of Publication, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500162858 April 01, 2016 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on April 8, 2016, and furnish proof of publication to the attention of the Board's Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500162858 Account Number: 076397/507876 Authorized Designee signature for HEX Advertising PL NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,April 28, 2016, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples, FL 34104, to consider: 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/lots in Tract"C/R" and Tract"I/B/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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida � � Santa B.ro amaO_ ! , - � Y Co$.,BLVD 'I'• ' 7.1 iL -Di m Martha S. Vergara From: Gori, Ivonne <ivonne.gori@naplesnews.com> Sent: Monday, April 04, 2016 9:00 AM To: Martha S. Vergara Subject: RE: REVISED AD REQUEST W/MAP FW: PDI-PL20160000467 BC Naples Investments LLP (HEX) Confirmed receipt. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 E: ivonne.gori(a�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Nothi From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Monday, April 04, 2016 8:24 AM To: Gori, Ivonne <ivonne.gori@naplesnews.com> Subject: REVISED AD REQUEST W/MAP FW: PDI-PL20160000467 BC Naples Investments LLP (HEX) Importance: High Ivonne, Here is the ad with revisions to the title and the new map the legal department had decided on. Thanks, From: Martha S. Vergara Sent: Friday, April 01, 2016 2:47 PM To: Legals NDN (legals@naplesnews.com)<legals@naplesnews.com> Subject: PDI-PL20160000467 BC Naples Investments LLP (HEX) Hello, Please advertise the following attached ad Friday, April 8, 2016 (display ad w/map). Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 1 Martha S. Vergara From: Gori, Ivonne <ivonne.gori@naplesnews.com> Sent: Tuesday, April 05, 2016 9:04 AM To: Martha S. Vergara Subject: Proof 1026452 Attachments: NDNB1026452.pdf Good morning, Please find attached a proof for your review and approval. Thanks! Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 E: ivonne.gori(a�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 ... . jai •mow 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, April 28, 2016, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: 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 unit in Tract "C/R" and Tract "I/B/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. Golden Gate PKWY -ii i �' _I1 i J d 1 _ y H PROJECT ` a-- Y� .-- � LOCATION ?��� ` ',�" ' 7 1.75- .,, , ,, en k1_,‘ 7, ) i - �, ; 1 moo,i I m / 1 5 b r"1 / 1 \ , i , S All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.1026452 April 8.2016 Martha S. Vergara From: Rodriguez, Wanda Sent: Tuesday, April 05, 2016 12:38 PM To: Martha S. Vergara Cc: BeasleyRachel; Ashton, Heidi; Reischl, Fred Subject: RE: PDI-PL20160000467 BC Naples Investment LLP Looks good here too. 'Wanda Rodriguez, .ACT .Advanced Certified Paralegal Office of the County .Attorney (239)252-8400 From: ReischlFred Sent: Tuesday, April 05, 2016 11:18 AM To: Martha S. Vergara; RodriguezWanda; BeasleyRachel; AshtonHeidi Subject: RE: PDI-PL20160000467 BC Naples Investment LLP Looks good, thanks for incorporating the changes! From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com] Sent:Tuesday, April 05, 2016 9:31 AM To: ReischlFred <FredReischl@colliergov.net>; RodriguezWanda <WandaRodriguez@colliergov.net>; BeasleyRachel <RachelBeasley@colliergov.net>; AshtonHeidi<HeidiAshton@colliergov.net> Subject: PDI-PL20160000467 BC Naples Investment LLP Hello All, Attached is the revised ad with the requested map change. Please review and let me know of any changes needed. Thanks, Martha Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Martha S. Vergara From: Martha S. Vergara Sent: Tuesday, April 05, 2016 1:04 PM To: 'Gori, Ivonne' Subject: RE: Proof 1026452 Ivonne, This revision has been reviewed and approved by the legal department, please proceed with publishing as requested. Thanks, Martha From: Gori, Ivonne [mailto:ivonne.gori@naplesnews.com] Sent:Tuesday, April 05, 2016 9:04 AM To: Martha S. Vergara <Martha.Vergara@collierclerk.com> Subject: Proof 1026452 Good morning, Please find attached a proof for your review and approval. Thanks! Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 E: ivonne.goriNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 aptrei T tiCMS 1 ~ ~,:;\ ti B at1 �lrius NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 1026452 PUBLIC HEARING Pub Dates April 8,2016 1 � (Sign ure of affiant) rN""� , IVONNE CORI Sworn to and subscribed before me .►"'�•�% This April 18, 16 till Notary Public-State of Florida Commission it FF 900870 s7' My Comm.Expires Jul 16.2019 ,,, Banded through National Notary Assn. (Signatur of affiant) ' NAPLES OAIIV NEWS a Friday.April 6.2016611A PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Colter County Notice is hereby given that a public hearing will be held by the Cour County Hearing Examiner(HEX)at 9:00 A.M.,on Thursday,Ap1128th,2016,in the Hearing Examiner(HEX)at 9,00 A.M.,on Thursday,April 28,2016,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider, 609/610,Naples FL 34104,to consider: PETITION NO.VA-PL20150000888-Larry and Bonnie Lauffer request a PETITION NO.CCSV-PL20150002562-The Luke Vidor Revocable Trust variance from Section 4.02.01 A.,Table 2.1 of the Land Development Code to requests a 25 foot variance from the coastal constructor setback line(CCSL), reduce the front yard principal structure setback line from 25 feet to 13 feet to allow construction of accessory improvements including a fence,pool,spa, on the south front yard and from 25 feet to 10.6 feet on the east front yard for d sun and covered deck areas,patio,stairs,storage,veranda,landscaping and an existing mobile home carport that was enclosed without a building permit irrigation,at of which are located on property with a street address of 10381 in 2014 on property within the Mobile Home(MH)zoning district,located z Gulf Shore Detre and described as Lot 43.Block A,Re-subdivision of Part on an unrecorded lot at 226 Rookery Road,just north of Manatee Road, •yx of Unit No.1 Conner's Vanderbilt Beach Estates in Section 29,Township 48 approximately 1000 feet east of Colter Boulevard(S.R.951) in Section 10, C Q South,Range 25 East,CollierCounty,Florida Township 51 South.Range 26 East.Collier County,Florida. 0 W L U W.w Aw gal I ""6�, m • e<ATNa .., r m v 3 a S r � PROJECT U Z Q a. LOCATION U) AN interested parties we invited to appear and be heard.All materials used AlfIli I „ I_-i aK - �.,.", n presentation before the Hearing Examiner will become a permanent part it ` Fell N' \♦. of the record. C interestedAll parties are invited to appear and be heard. All materials used o in presentation before the Hearing Examiner will become a permanent part Copies of staff report are available one week prior to the hearing. The Me Nof the record.can be reviewed at the Collier County Growth Management Department, N Engineering and Natural Resources Division,Environmental Planning Section, Copies of staff report are available one week prior to the hearing.The file can 2800 NOM Horseshoe Drive,Naples,FL be reviewed at the Collier County Growth Management Department,Zoning 1 as• o Division,Zoning Services Sector.2800 North Horseshoe Drive,Naples,FL The Hearing Examiner's decision becomes final on the date rendered. If a U C O- person decides to appeal any decision made by the Collar County Hearing TheeHearingeExaminer's decision becomes final theon the date County If g 0 .0 Examiner with respect to any matter considered at such meeting or hearing, person er with atappeal any matter decision nsde rebsuCch meeting County Hearing d C i:+ V Examinee with respect to arty matter considered at such or nehearing, he will need a record of that proceeding,and for such purpose he may needhe proceeding,and for such purpose he may need N t,) yto s need a record of that of t "O � N O to ensure that a verbatim record of the proceedings is made,which record to ensure that a verbatim record of the proceedings is made,which record Q Q CD a includes the testimony and evidence upon which the appeal is to be based includes the testimony and evidence upon which the appeal is to be based. If you area person with a disability who needs any accommodation in order If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tarniami Trail East,Suite 101,Naples, Management Division located at 3335 Tarniami Trail East,Suite 101,Naples, Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Florida 34112-5358,(239)252-8380,at least two days poor to the meeting. Mark Strain. C Mark Stain, Chief Hearing Examiner Chief Hearing Examiner Collier County,Florida N Collier County,Florida N di 01,4.202,020 Aonl a 2010 No 1011210 ACN 0 20H 10 X NO PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE c Q V Q NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING ✓ Z El Z Notice is hereby given that a public hearing will be held by the Collier County Notice is hereby given that a public hearing will be held by the Geller County Hearing Examiner(HEX)at 9.00 A.M.,on Thursday,April 28,2016,in the Hearing Examiner(HEX)at 9:00 A.M.,on Thursday,April 28,2016,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider. 809/610,Naples,FL 34104,to consider. E PETITION NO.BD-PL20150002551-Mark and Nicole Scudlllo request a PETITION NO.PDI-PL20160000487-BC Naples Investments,LLP requests 5.2-foot boat dock extension over the maximum 20 feet allowed by Section an insubstantial change to Ordinance Number 2003-11,as amended,the NZ N 5.03.06 of the Land Development Code,for a total protrusion of 25.2 feet,to East Gateway Mixed Use Planned Unit Development,to reduce the minimum a accommodate a new docking facility with a new boathouse for the benefit of lot area for angle family zero lot line whit in Tract"C/R"and Tract"I/B/R" E▪ COT Lot 25.Block S,Conner's Vanderbilt Beach Estates Unit No.3,also described from 3.190 square feet to 2,480 square feet for the PUD popery located on O1. as 117 Egret Avenue,in Section 29,Township 48 South,Range 25 East, the north side of Davis Boulevard and west of Collier Boulevard n Section z Collier County,Fonda 34,Township 49 South,Range 26 East,Collier County,Florida consisting of U) N O r 37.354 acres. Q c cin U �1' firm 1 20 >>_: PROJECT t..__ r LOCATION PROJECT ' `� j «� LOCATION i �., ua;'°" `,,,� 40 r0 00420, \jai/ 'LA''''''C...' .......,,,, _..II ri.!. 20 '.- 2' '"."T?. Or i All interested parties are invited to appear and be heard.All materials used n MI interested parties are invited to appear and be heard.AN materials used presentation before the Hearing Examiner will become a permanent part of in presentation before the Hearing Examiner will become a permanent Part the record. of the record. Copies of staff report are available one week prior to the hearing.The file can Copies of staff report are available one week prior to the hearing.The Ne can 1". Q be reviewed at the Collier County Growth Management Department,Zoning be reviewed at the Color County Growth Management Department,Zoning U ,w Division,Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. Division,Zoning Services Section.2800 Nor Horseshoe Drive,Naples,FL. 04 t W The Hearing Examiner's decision becomes final on the date rendered. If a The Hearing Examiner's decision becomes final on the date rendered. If a r person decides to appeal arty decision made by the Collier County Hearing person decides to appeal any decision made by the Calix County Hexing 0 he witne with respect to arty mater considered at such meeting or hearing, Examiner with respect to any matter considered at such Collier meebng or hearing, �, N he need a record of that proceeding,and for such purpose he may need he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record to ensure that a verbatim record of the proceedings is made,which record COincludes the testimony end evidence upon which the appeal is to be based. includes the testimony and evidence upon which the appeal is to be based. yam+ W If you are a person with a disability who needs arty accommodation in order If you are a person with a disability who needs any accommodation in order •gam* 0 to participate in this proceeding,you are entitled,at no cost to you,to the to participate in this proceeding,you are entitled,at no cost to you,to the }rap ._ provision of certain assistance. Please contact the Copier Courtly Facilites provision of certain assistance. Please contact the Griller County Facilities K► Management Division located at 3335 Tamiami Trail East,Suite 101,Naples, Management Drvbbn located at 3335 Tamiami Trail East.Suite 101,Naples, eL Florida 34112-5356,(239)252-8380,at least two days prior to the mating. Florida 341125356,(239)252-8380,at least two days prior to the meeting. Q Mark Strain. Mark Strain, Ala! Q Chief Heating Examiner Chief Hearing Examiner 1aa9 Collier County,Florida Collier County,Florida mum. \1 ME.]G4Na> Aunle.w14 NA.1112M2 ANalmle ZEE CU xL LL OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts FROM: Wanda Rodriguez, ACP 8`1 DATE: May 3, 2016 RE: Hearing Examiner Decision(s) from April 28, 2016. Attached are the signed HEX decisions from the Hearing Examiner hearing on April 28, 2016. Attachments: HEX No. 2016— 14 HEX No. 2016— 15 HEX No. 2016— 16 [05-00A-01253/813782/11744 HEX NO. 2016— 16 HEARING EXAMINER DECISION 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 "I/B/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. DATE OF HEARING: April 28, 2016 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections 10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition is approved. ANALYSIS: Staff has received no communications in opposition to this application and no members of the public, except the applicant, were in attendance. This application reduced the minimum lot area for single family zero lot line homes, added a footnote to the Tract "C/R" and Tract "I/B/R" Development Standards tables to clarify that attached garages are included in the the minimum floor area square footage calculation, and removed a scrivener's error from a prior PUD amendment. Staff included one recommendation which is no longer needed and was thus withdrawn. The changes requested with this petition do not change the findings and criteria used for the original PUD application. DECISION: The Hearing Examiner hereby approves Petition Number PDI-PL20160000467, filed by D. Wayne Arnold of Grady Minor and Associates, P.A., and Richard D. Yovanovich, Esq., representing BC Naples Investments, LLP, with respect to the property as described in the East Gateway MPUD, Ordinance No. 03-11, as amended, for the following insubstantial changes: • to reduce the minimum lot area for single family zero lot line units in Tract "C/R" and Tract"I/B/R" from 3,190 square feet to 2,480 square feet; • to add a footnote to the Development Standards tables for Tract "C/R" and "I/B/R" stating that attached garages are included in the minimum floor area square footage calculation for single family zero lot line structures; and [16-CPS-01529/1253009/1]29 1 of 2 • to correct a scrivener's error in the numbering of paragraphs in Section V of the PUD. Said changes are fully described in the East Gateway MPUD amendment attached as Exhibit "A", and are subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A—MPUD Amendment LEGAL DESCRIPTION: See Ordinance No. 03-11, as amended, the East Gateway MPUD. CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER: Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. n cul—, PA,' Date Mar Strain, Hearing Examiner Ap'.•ved as to fo m and legality: lisp Sco A. Stone Assistant County Attorney [16-CPS-01529/1253009/1129 2 of 2 EXHIBIT "A" to HEX No. 2016 — 16 East Gateway MPUD Amendment to Ordinance No. 03-11, as further amended by Ordinance No. 16-02 The below sections of the East Gateway Mixed Use Planned Unit Development, attached as Exhibit A to Ordinance Nos. 03-11 and 16-02, the East Gateway MPUD, are hereby amended as attached hereto and incorporated herein by reference: • Section III, entitled "COMMERCIAL/RESIDENTIAL DEVELOPMENT AREA(TRACT "C/R") • Section IV, entitled "INDUSTRIAL/BUSINESS PARK OR RESIDENTIAL DEVELOPMENT AREA(TRACT"I/B/R") • Section V, entitled "DEVELOPMENT COMMITMENTS" SECTION III COMMERCIAL/RESIDENTIAL DEVELOPMENT AREA (TRACT "C/R") **** **** Text Break **** **** s 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 2,625 SF N/A 34982,480 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 5 feet 10 feet 0 or 10 feet*3 5 feet Min. Rear Yard Setback*4 15 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 1 Story—12' 1 the zoned Minimum Distance Between Structures*1 10 feet 2 Story—20' building 10 feet 10 feet height Floor Area Min.(S.F.),per unit 750 SF 750 SF 750 SF 1,500 SF*6 1,500 SF Min. PUD Boundary Setback 25 feet 25 feet 25 feet 20 feet 20 feet ACCESSORY STRUCTURES 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 5 feet 10 feet 3 feet 3 feet Min. PUD Boundary Setback 15 feet 15 feet 15 feet 15 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 line units may be constructed to a maximum height of 8'. *6—Square footage includes area of attached garages. 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 struck through are deleted; words underlined are added. DRAFT 2016-02 (2016PDI)Rev2 Revised 04/28/2016 SECTION IV INDUSTRIALBUSINESS PARK OR RESIDENTIAL DEVELOPMENT AREA (TRACT "IB/R") **** **** Text Break **** **** • 4.5 DEVELOPMENT STANDARDS (RESIDENTIAL) (TRACT "IB/R"): PRINCIPAL STRUCTURES TOWNHOUSE TWO-FAMILY MULTI-FAMILY SINGLE FAMILY SINGLE ZERO LOT LINE FAMILY DETACHED Minimum Lot Area 1,800 SF 2,625 SF N/A 371992.480 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 5 feet 10 feet 0 or 10 feet*3 5 feet Min. Rear Yard Setback*4 15 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' 'A the zoned 10 feet 10 feet 2 Story-20' building height Floor Are Min.(S.F.), per unit 750 SF 750 SF 750 SF 1,500 SF*6 1,500 SF Min. PUD Boundary Setback 15 feet 15 feet 20 feet 15 feet 15 feet Min. Preserve Setback 25 feet 25 feet 25 feet 25 feet 25 feet ACCESSORY STRUCTURES 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 5 feet 10 feet 3 feet 3 feet Min. PUD Boundary Setback 15 feet 15 feet 15 feet 15 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 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 line units may be constructed to a maximum height of 8'. *6—Square footage includes area of attached garages. 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 struelc-through are deleted; words underlined are added. DRAFT 2016-02 (2016PDI)Rev2 Revised 04/28/2016 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. 5.18 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 struck eugh are deleted;words underlined are added. DRAFT 2016-02 (2016PDI)Rev2 Revised 04/28/2016 AGENDA ITEM 4-C Co er County 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 OWNER/APPLICANT: 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. EXHIBIT PDI-PL20160000467: East Gateway MPUD § Page 1 of 7 April 28.2016 HEX g Revised:4-12-2016 Z 1{e-)k 1-1.2.4,16 r;11 2Mr OL II � - _-_J. h N I ----- 41.41 "i i irr— _ 0 11 Fri 7111 ala, ii! I .... i,.: 7 1 // �� o4. a \ ca 5 a L o a a cm 1111 c u L NO 2 re 11 ®!1 W® .. G I e a ®® ®� (40 e ® ®® a .A 1; R o Nt. _.7 11111 ILO REIFo0EWA ATM11 WI ill MI"'''''' " 1..• ; N"'"" -0 I:PEW Arm imm m , . i , 3 \ a x ) 1,.. ii a O W F v 0 o C J ca IS a N J C� a G � DAIS�a!Ilaa ao N C M / _O o co i. I 361 ii, anl: ' gie8 eu CD 1,Q4)8 d N E m U O 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: 12.99. _• .. �� # _ ieb : •` Subject Site i 11,1 �...�m+rH�� � tea. .[ $!:y p. +r Aerial Photo(Collier County Property Appraiser) PDI-P1,20160000467. East Gateway MPUD Page 3 of 7 April 28,2016 HEX Revised:4-12-2016 i I P 1 I In WO WIi , I wua w f•s6 `• iNt. MOP V *VOW 4 A :,/ :_. MoD 644g A . i 411 ._ r. .114 �Iit� ' { , _— X1141 --J-� wrc4w[V4lMl•.. w. I A 111111 ar—-- r"ft i 14,414,i--,tretti. KIM _ �. L21 ,i 10— Milk Emswri'' i w ' _ A. 4141« _4 t T P . 44101 ri \ .5: ...,.ten www p� ., II1 A jeillM11 // :\11..!.:1 I aw s '/ i " `:� /' '.. ii rZz=ni I` I 's= /. I 1 .-- ,—. w— (Activity Center Number 9—East Gateway MPUD Highlighted in ked) 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: FRED R6EISCHL, AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: AP1A‘ - 4. 5 /6 RAY �AND V. BELLOWS, ZONING MANAGER DATE ZON ' G DIVISION --J - MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION PD1-PL20160000467:East Gateway MPUD Page 7 of 7 April 28,2016 HEX Revised:4-5-2016 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collierxov.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 RL 20160000467 REV 1 PROJECT NAME To be completed by staff DATE PROCESSED 00(20/c-- APPLICANT CONTACT INFORMATION Name of Applicant(s): BC Naples Investments, LLP Address: 2600 Golden Gate Pkwy city: Naples State: 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: Cell:Cell: Fax: E-Mail Address: warnold@gradyminor.com / ryovanovich@cyklawfirm.com 6/17/2015 Page 1 of 5 bier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? ■ Yes I I No I I 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. Ix I 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. Ix I 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? IN Yes No 6/17/2015 Page 2 of 5 Co. er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.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? • Yes I I No If yes, in whose name? BC NAPLES INVESTMENTS, LLP Has any portion of the PUD been i I SOLD and/or DEVELOPED? Are any changes proposed for the area sold and/or developed? I I Yes I I No If yes, please describe on an attached separate sheet. 6/17/2015 Page 3 of 5 Co ie-r County COLLIER COUNTY 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 COPIES REQUIRED REQUIRED Completed Application (download current form from County website) 16 n n Pre-Application Meeting notes 1 x Pr jest Narrative, including a detailed description of proposed changes 16x El and why amendment is necessary Detail of request n x Current Master Plan &1 Reduced Copy x Revised Master Plan& 1 Reduced Copy Ix 2......-Revised Text and any exhibits X Ix PUD document with changes crossed through& underlined I I x PUD document as revised with amended Title Page with Ordinance# I- n n warranty Deed I I x -gal Description x Boundary survey, if boundary of original PUD is amended I I x If PUD is platted, include plat book pages x identifying Owner&all parties of corporation 2 x Aff-itiavit of Authorization,signed & notarized 2 x -erfipleted Addressing Checklist 1 x -y of 8Y2 in.x 11 in.graphic location map of site 1 x Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all materials n f x 1 n to be submitted electronically in PDF format. *If located in Immokalee or seeking affordable housing,include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. f"1 6/17/2015 Page 4 of 5 Coiner County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District(Residential Components):Amy ❑ Bayshore/Gateway Triangle Redevelopment: Lockheart Executive Director E Utilities Engineering: Kris VanLengen ❑ Parks and Recreation:Vicky Ahmad ❑ Emergency Management: Dan Summers (1 Naples Airport Authority:Ted Soliday ❑ Conservancy of SWFL: Nichole Ryan ❑ Other: ❑ City of Naples: Robin Singer, Planning Director E Other: FEE REQUIREMENTS ❑ PUD Amendment Insubstantial (PDI):$1,500.00 ❑ Pre-Application Meeting:$500.00 ❑ 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/i er S f 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. L0160000467 REV 1 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:image001.ipg@O1D167DC.2BC43500] 3800 Via Del Rey Bonita Springs, FL 34134 Phone-239.947.1144 Fax-239.947.0375 Web- http://www.gradyminor.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 c01 pL60000467 REV 1 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) East Gateway MPUD Vice President of Barron Collier Management,LLC Douglas E. Baird (print name), as as Authorized Agent (title, if applicable) of BC Naples Investments, LLP (company, If applicable), swear or affirm under oath, that I am the (choose one) owner ✓ applicant contract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Q.Grady Minor and Associates,P.A.and Coleman,Yovanovich&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 (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the `general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under pe ies of perju , declare that I have read the foregoing Affidavit of Authorization and that the fads" stated ' it ar rue. je/ 02,- iB- i �Signa�ure Date Do as E. 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 it p , .L ,1 CI .date) by Douglas E.Baird (name of person providing oath or affirmation), as Vice President of Barron Collier Management,LLC who is personally known to me or who has produced (type of identification) as identification. ALUt STAMP/SEAL Signature of'Notary Public `\`11�1111111111/ry/i c;.{- M. Old •.,\SSIO.. /'9 ,f /NO O �a�Y5, ' 2 O, 9. cn: *EEB71B10 �Q1 CP\08-CoA-oous\155 �9'p,�� o``��� REV 3/24/14 1, 14C',SI PA,t0 East Gateway MPUD PL 2016 0 0 0 04 6 7 REV 1 Disclosure of Interest Information 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% r-, GradyMinor Page l of 1 Civll Engineers•Land Survcrnrs•Planners•Landscape Architect:" GradyMinor 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, 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 . INrFRST ,-` ' W q 7; S N 7 > w DEVIATIONS: r. , PRESFRVrE W W v (5,97±) ., W v SEE SECTION 2.13 OF THE PUD y Y W * '� -0 150' � ORDINANCE * W y W - W y SCA_E: 1' = 300' _ N. 1. ON-PREMISE DIRECTIONAL SIGN n n I . .� , TRACT I/B/R fil RIGHT-OF WAY WIDTH I o INDUSTRIAL/BUSINESS PARK OR -0 N RESIDENTIAL DEVELOPMENT 3 PRESERVATION STANDARDS - cc 02 12 i 4 PRESERVATION STANDARDS I S -,rn � I z ,c, m I C' rn oam - _ 107 m DI 1 -a. 022 o 1 ZONED: PUD 0 ZONED: 1-75/ALLIGATOR USE: MULTI-FAMILY I cnALLEY CPDD RESIDENTIAL rn o I USE: UNDEVELOPED, I -1 HOTEL AND W 13 m I RESTAURANTS - c TRACT NC/R" - PRESERVES. rnco I --— COMMERCIAL/RESIDENTIAL C REQUIRED:7.72±ACRES* I rn DEVELOPMENT rn (30.87±ACRES NATIVE VEGETATION 2 l I X 25%=7.72±ACRES) c I i *6.37±ACRES OF PRESERVE SHALL BE 0 I �: ! p • RETAINED ON-SITE AND 1.35±ACRES n • WILL BE PROVIDED OFF-SITE. I . 'i '' z111 — — Ii� BEDZEL CIRCLE 'A' PRESERVE(0.4±) ;NOTES 25'W - IDE TYPENITS\ D BUFFER —PC 25'WE IDE TYPE 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 SDPO TRACT"I/B/R" 17±ACRES(250,000 SF/598 DU*) MODIFICATION ATIOR VT THE CCOIME D TOTAL PROJECT AREA 37±ACRE OR PLAT APPROVAL IN ACCORDANCE WITH THE LDC. *A MAXIMUM OF 250 UNITS ARE PERMITTED WITHIN THE MPUD IEAST GATEWAY MPUD 3 ©GradvMinor 0.C:",:rna,"r""�.„�:xlrs.l• .Imac --o alum ua nm x�,� u• W..2.Syr.^.I*:.rlo:d*a4114 ; EXHIBIT A FA :" • wvcr m. CMI I1noneerti • Land Surseyot Mai-mars • Lendsrnpe Arc6ik3as I MASTER BLAH r-.E Bear. xen.na i.•2.1ir..• I REVISED 01/12/2016 • • ....4w a-....Oat= Bonita Syritio 2;W 947 1144 ..x G+vJ>.Nfa,.-.r u<. .c.r.Wm,230.69..43HO i1 EHEC: 1 OF \,COM.LC.,M\ECES\PEAk`NO,,PPC. - >1J:Nu3G\EOFLO,,- EAS-CAT,'ri..,PuE,/ONO:,DSAO.,,T,S\E•r^�.A EFF.FO A,- Yl$13E Ri;.11 OZ:,O,,,,1;/,3/2216 E, A4 pi. 20 1O 0 0 0 0 4 6 7 REV 1 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 Gracty Minor 04/01/2016 (Neil Engineers•Land Suncyois•Planners•Landsrapc Architecis 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 CM Knginccrs• and Surveyors•Planners•Landscape A rhilccls 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.S. § 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 C.}vil t:ngincers•Land Surrcvors•Planners•Landscape.Arc:hRccls SECTION III COMMERCIAL/RESIDENTIAL DEVELOPMENT AREA (TRACT "C/R") **** **** Text Break **** **** 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 2,625 SF N/A 3,1902 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 5 feet 10 feet 0 or 10 feet*3 5 feet Min. Rear Yard Setback*4 15 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 * 1 Story—12' 1/2 the zoned Minimum Distance Between Structures 1 10 feet 2 Story—20' building 10 feet 10 feet height Floor Area Min.(S.F.), per unit 750 SF 750 SF 750 SF 1,500 SF 1,500 SF Min. PUD Boundary Setback 25 feet 25 feet 25 feet 20 feet 20 feet ,_ _ .------4-12:-.---"'. t ACCESSORYwSTRUCTURES r � t � srt_ -:4 _ ,t.. ^ . 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 5 feet 10 feet 3 feet 3 feet Min. PUD Boundary Setback 15 feet 15 feet 15 feet 15 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 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 struck through are deleted;words underlined are added DRAFT 2016-02 (2016PD1)Revl Revised 04/01/2016 SECTION IV INDUSTRIALBUSINESS PARK OR RESIDENTIAL DEVELOPMENT AREA (TRACT "IB/R") **** **** Text Break **** **** 4.5 DEVELOPMENT STANDARDS (RESIDENTIAL) (TRACT "IB/R"): PRINCIPAL STRUCTURES TOWNHOUSE TWO-FAMILY MULTI-FAMILY SINGLE FAMILY SINGLE ZERO LOT LINE FAMILY DETACHED Minimum Lot Area 1,800 SF 2,625 SF N/A 3,1902 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 5 feet 10 feet 0 or 10 feet*3 5 feet Min. Rear Yard Setback *4 15 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' 1/2 the zoned 10 feet 10 feet 2 Story—20' building height Floor Area Min. (S.F.), per unit 750 SF 750 SF 750 SF 1,500 SF 1,500 SF Min. PUD Boundary Setback 15 feet 15 feet 20 feet 15 feet 15 feet Min. Preserve Setback 25 feet 25 feet 25 feet 25 feet 25 feet I, �i-� 1h3+ :ar < h a +.- + ,�} 7�x `a'h°- �, �.*�-_ y' c $°' t ,fz � ��"� .�''� `� 31 5 '. •5 -:.;,i u '— L r. _j a t. .'` ACC ESSORY�SJR=_G'URESr_ 4. � r F Y^ -°' - Z. � `�" "' t 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 5 feet 10 feet 3 feet 3 feet Min.PUD Boundary Setback 15 feet 15 feet 15 feet 15 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 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 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 struck through are deleted;words underlined are added. DRAFT 2016-02(2016PD1)Rev] 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 struck through are deleted;words underlined are added DRAFT 2016-02(2016PD1)Revl Revised 04/01/2016 • • (7 PL 20160000467 REv 1 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA 4211357 OR: 4393 PG: 4095 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 09/16/2008 at 10:11AM DWIGHT B. BROCK, CLERK BC NAPLES INVESTMENTS, LLP, a Florida limited CONS 100.00 liability partnership, RBC FEE 18.50 Plaintiff(s) INDEXING 1.00 DOC-.70 .70 COPIES 2.00 Vs. CASE NO. 07-1822-CA-01 Retn: RISC 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 locat-. '• .- State of Florida, County of Collier, lyi = n .• Township 49 South, Range 26 East .uu c.` ••o'ast 726.11 -', c-, of the West 1/2 of the Southeast �'4Cgr •ection 34, �'• 07 ' i35 r- Township 49 South, Range 26 ast . oun , • d g' .0.51; n m further described in Exhibit " o the '06-' -ed -imp ai it `�0 -- filed in this cause, R s•cx c i o 0 c" Defendant(s) aV Ov o s �m n CC ' c 3 _<0 IN to r• -* ` RTIFICATE OF4T E 0 " v �N The undersigned, DWIGHT E. ° , Clerk of the Circ 't r 6' •, certifies that he executed 5 and filed a Certificate of Sale in th . on August 28 Ai I':,,'or the property described herein, and that no objections to the s.i hd- :-i* -• ' . the time allowed for filing objections. The following property in Co r- E. , orida: 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 *• OR: 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 limited 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. DWIGHT E. BROCKI' ,< ' `�'" Clerk of the Circuit gourt • Y i .3 • BYC2r.4 ' Clerk 1.**;44..\(::.- COt a C_C ° , 2SIEc C • 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°55122" 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°55122" W 726.06 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. Grady\linor Civil Enginrrit•Land Sul-New;•Planners•Landscape Arc!!!erns • 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. cC 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 grant of authority to the officers of Barron Collier Management, LLC in o= accordance with the Statement of Authority of Barron Collier Management, LLC 0 0.- 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 °— Statement of Authority may be amended from time to time. {�VOo N Y"Ler,i3. All instruments of conveyance, mortgages, contracts, instruments and documents Opop U � O Z Z executed by Barron Collier Management, LLC, in its capacity as Authorized N m o o Agent of the Partnership, shall be deemed to have been properly authorized by all 0 0c.) N appropriate actions made by all of the Partners. Further, all instruments of o0 J conveyance, mortgages, contracts, instruments and documents (and any z o o amendments, modifications and/or supplements thereto) executed by Barron cc 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. U The undersigned Partners do hereby unanimously agree, consent and affirm that the m w actions authorized in this Designation shall have the same force and effect as if taken at a duly 3 3 (e) constituted meeting of the Partners of the Partnership, hereby waive all formal requirements, °z including the necessity of holding a formal or informal meeting, and any requirement that notice o 0C be given, and hereby direct that this Designation be made a part of the minutes of the Partnership. 1 01140277.2 BCN1 • • • By ` 137r �• ,6-‘47 WITNESSES: Barron G. Collier, III `/D�ttAt111a914, &LW) Its: Partner Cis ACKNOWLEDGEMENT: STATE OF Fr 0r►'c COUNTY OF Co 1/ie The foregoing instrument was acknowledged before me this n#6 da of bP c�-+� �_►� , 2014, by (34rro n G• C'o/1,'e y iii , who is ersonally known to me or has produced as identification. q(111(4.1-a._ /.0(..aed ;1''•' : PAMELA MARTEN WALKUP NotaryPublic Commission#EE 158926 '`T'' Expires Printed Name: .-�_�o� ices March 28 2016 ',ter" Sordid TtruTroy Fan hhvarce8003857019 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: ° U Commission Number: w My commission expires: -J m oz '^ 0w cO �LL • lY � 2 01140277.2 BCNI By: WITNESSES: — Barron G. Collier, III 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: Commission Number: My commission expires: / - BY: iJ 1CJj _ (J 1D L?N, WITNESSES: _ Frances G. Villerec � liA.0.0014 . OVith) Its: Partner C ACKNOWLEDGEMENT: STATE OF Flo r i d& COUNTY OF Co 1 h'�1(' `\The foregoing instrument was acknowledged before me this / 0 1-4 day of Der ei'►'Lt ed- , 2014, by FrQnGes G. Vi//girt_ , who is .ersonally known to me or has produced as identification. --Pet..nci...1.<._. 2011---tie-4-"-} ti;';,t \ PAMELAMARTINWALKUP NotaryPublic ;.: •r Camm sion#EE 158926 o �^ "` `�= March 28 2016 Printed Name: -i- s . .; ° Bn�dThu AeyFail hss�a800J8STp19 Commission Number: ir ww My commission expires: o D z I:: --.. 0-J 1 TLL Io 2 ' 01140277.2 BCN1 • • LAMAR GABI ' .VOCABLE TRUST WITNESSES: A General Pa er Alaujild-114. 1 By: OAU& Dougl.. . Baird, Co-Ake g 40"- ACKNOWLEDGEMENT: STATE OF 1 /ori COUNTY OF Co I/i c • beforegoing instrument was acknowledged before me this J gfh da of Ue r_evV1 c-ir , 2014, by bo u q/ad E• Beard , who i personally known to me or has produced J as identification. L-Pcimc. PAMELA MAR7iN WALKUP Notary Public ;� = Commission#EE 156926 Printed Name: ��_: Expires March 28,2016 Commission Number: % ";:;;::, Patted lt uTm(Faittwrte800 7019 My commission expires: LAMAR GABLE REVOCABLE TRUST WITNESSES: A General Part„....,r A By: s� t. tAx. yaf°LTV] . O.hwu Bradley A Boaz, /o-Trus -e _ (AA-Le{Gt—. —. ACKNOWLEDGEMENT: STATE OF r o r cl't- COUNTY OF ea 1 i1 i e_ The foregoing instrument was acknowledged before me this / 9 fh da of Der e-,•,.i 1 e , 2014, by 8rQ d ie j A. % Z , who is personally known to me or has produced as identification. • 'ig PAMELA MARTIN WALKUP Notary Public ` • ` Commission#EE 156926 Oil:�= Printed Name:Expires MZ6,2016"Asitw°:�•'' 0adedThuToyFahtmiaroe8003857019 Commission Number:My commission expires:3 01140277.2 BCNI • • • LAMARGABLE REVOCABLE TRUST WITNESSES: A General P. er BY: J /Jj . ., itu.a. . Andrew R. Meulen Co-Trus Pabwfuenq . 0 be g, :: ACKNOWLEDGEMEN : STATE OF Flo r i'd COUNTY OF Co//,'ter/ '\The foregoing instrument was acknowledged before me this / g43) DPr�rrl Vi e V , 2014, by An d r.e uJ R. P9euler)b-ci--1 , who is ersonall} known to me or has produced As identification. _421,e-,..//,_ )--(....)it--ai-176--) . Notary Public • PAMELA MARTIN WALKUP Printed Name: ' _ Commission' #EE 158926 Commission Number: -�= Expires March 28,2016 My commission expires: ''�pi�rt;�+ BadedThvTrgFmtra eur•806J8,r7p19 JULIET C SPROUL FAMILY INHERITANCE TRUST WITNESSES: A Limited Pa i ner By: r.--, ,, Atuty- t ila1/i 0 .Qlwui P. ric . George, Trustee / ' ACKNOWLEDGEMENT: STATE OF Flo r 1'd et COUNTY OF Co I /ie { The foregoing instrument was acknowledged before me this /I thda of bete.ni b e.r , 2014, by l vfri c_K P P. Geo rj L , who is ersonally known to me or has produced as identification. PAMELAMARTINWALUP ` � ori'. Commission#EE155926 Expires March 28,2016 Notary Public W. �), &del Thu ircpFa�IM1s`arai 854019 Printed Name: �� M Commission Number: °z ,� ..."••••, My commission expires: o-J CO Lo IL 4 01140277.2 BCNI • MC NAPLES INVESTMENTS, LLP WITNESSES: Its: Partner Q By: ! uA.f.01 a (114 . U Barron G. Collier III, A General Partner ACKNOWLEDGEMENT: STATE OFo r l d,L COUNTY OF Co The foregoing instrument was acknowledged before me this / g�h day of �� i e r , 2014, by ea r v e n C. l II`rf ja , who isersonalI known to me or has produced as identification. Notary Public '*" k " PAMELA MARTIN WALKUP Printed Name: ` ,. Commission#EE 158926 �� Eicpires March 28,2016 Commission Number: • Alung`, Bonded Thru TrifFai Mars=800-385-7019 My commission expires: • • • tr x WW ^^ OD YJ UZ 13 Z O- CCm 5 01140277.2 BCNI PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, April 28, 2016, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: 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 unit in Tract "C/R" and Tract "I/B/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. Golden Gate PKWY PROJECT LOCATION 1-75 Radio RD A ° � h 1 m Qa o N w+ All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252-8380, at least two da s •rior to the meeting. EXHIBIT Mark Strain, Chief Hearing Examiner Collier County, Florida W 1-1 4,ZSR,)!o No.1026452 April 8.2016 March 29, 2016 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on April 8, 2016,and furnish proof of publication to the attention of, in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 114 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the foliowin! on ALL.invoices: DIVISION:ZONING [Zoning Services Section) FUND&COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500161942 Account Number: 076397 444 dr, - 111111 Authorized Designee signature for HEX Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,April 28, 2016, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiarni Trail East, Suite 101,Naples,Florida 34112-5356, (239)252-8380, at least two days prior to the meeting. Mark Strain Chief Hearing Examiner Collier County,Florida I— O � n 0 mtti 'xi O n k Z H 00 < > z m 0 m "lit ' M co D D cFil 2 -r - i n wittor N 0 C, I 0 D O N 0 O Z = C) mm = N m In VANDERBILT DRIVE z s D=o < < D (C.R. 901) ODvimm= y o DNO v' x= -1 om = mom cn W 1 vile 7J y = 0z � 0 Mn ` D -0 C M C° n 0 r N - a� r 1- u) co xN i � � m D = m N�� o > n 71 o = 0m >I CO C Z > W N (U.S. 41) D _ N \ m TAMIAMI TRAIL m -< Old Acct #076397 New Acct #507876 March 29, 2016 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: BD-PL20150002551, Mark and Nicole Scudillo (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) Friday, April 8, 2016 and send the Affidavit of Publication, in Duplicate, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500162858 March 29, 2016 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on April 8, 2016, and furnish proof of publication to the attention of the Board's Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500161942 Account Number: 076397 Authorized Designee signature for HEX Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,April 28, 2016, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida ^5 -axi r> O P O 0 tm NxJ k Z o 0 < D Z mo m -)1110 v> > m co4111t...000■■• 0 r'1100--1 O C7 0 O D • 1iii ____ �_, Z = 0 mm = N m m VANDERBILT DRIVE z Boz y (C.R. 901) O > N mm= o y71o > = m V) m mm w I 0 < O n � -uZD = � Z •'vim DC7 \ 00 N x1- N � r 0') I— �O co CO c7 `� m D = m Nm / D > C7 O b p m N (U.S. 41 ) c z N i TAMIAMI TRAIL m -< �� Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, March 30, 2016 9:30 AM To: Legals NDN (legals@naplesnews.com) Subject: BD-PL20150002251 Scudillo (HEX) Attachments: BD-PL20150002551 Scudillo (HEX 4-28-16).doc; BD-PL20150002551 Scudillo (HEX 4-28-16).doc; BD-PL20150002551 Scudillo (HEX 4-28-16).pdf Hello, Please advertise the following attached ad Friday, April 8, 2016 (display ad w/map). Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara(tcollierclerk.com 1 Martha S. Vergara From: Gori, Ivonne <ivonne.gori@naplesnews.com> Sent: Wednesday, March 30, 2016 4:43 PM To: Martha S. Vergara Subject: RE: BD-PL20150002251 Scudillo (HEX) Confirmed receipt. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 E: ivonne.gori(a NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 NarAZiNews,corn From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Wednesday, March 30, 2016 9:30 AM To: Legals NDN <legals@naplesnews.com> Subject: BD-PL20150002251 Scudillo (HEX) Hello, Please advertise the following attached ad Friday, April 8, 2016 (display ad w/map). Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara(&,,collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 1 Martha S. Vergara From: Gori, Ivonne <ivonne.gori@naplesnews.com> Sent: Monday, April 04, 2016 4:03 PM To: Martha S. Vergara Subject: Proof 1025397 Attachments: NDNB1025397.pdf Please find a proof for your review and approval. Thanks! Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 E: ivonne.gori(a�NaplesNews.com A: 1100 Immokalee Road ( Naples, FL 34110 NapiziNewscom 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, April 28, 2016, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: 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. BAY HOUSE COCOHATCHEE )6CAMPUS BAY GULF OF VANDERBILT 21 P r MEXICO 20 VILLAS / COLLIER j L TRACT 21 THE DUNES NORTH- PLAZA 21 VILLAS PROJECT ~ NAPLES IMMOKALEE L t--2 LOC AT I 0 N ROAD (C.R.846) COVENTRY ST. JOHN SQUARE THE EVANGELIST 29 CATHLIC CHURCH \ � Q _ J rn 28 VANDERBILT _ co ECNAPLES g BEACH U PARK Q ESTATES I 0 4 j I- All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.1025397 April 8,2016 Martha S. Vergara From: Rodriguez, Wanda Sent: Tuesday, April 05, 2016 8:56 AM To: Martha S. Vergara Cc: Kendall, Marcia; BeasleyRachel; Ashton, Heidi; Stone, Scott Subject: RE: BD-PL20150002551 Scudillo Martha, Scott Stone has confirmed that the title as written in the ad proof is correct, so OK to proceed. Thanks! -Wanda Rodriguez, MCT .Advanced Certified ParaCegaC Office of the County Attorney (239)252-8400 From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Monday, April 04, 2016 4:58 PM To: RodriguezWanda Subject: RE: BD-PL20150002551 Scudillo Ok, it's scheduled for the 8th (just an FYI). From: Rodriguez, Wanda Sent: Monday, April 04, 2016 4:56 PM To: Martha S. Vergara <Martha.Vergara@collierclerk.com> Cc: Kendall, Marcia <MarciaKendall@colliergov.net>; BeasleyRachel<RachelBeasley@colliergov.net>; Ashton, Heidi <HeidiAshton@colliergov.net>; Stone, Scott<ScottStone@colliergov.net> Subject: RE: BD-PL20150002551 Scudillo Martha, I've noticed a discrepancy that I need the attorney's feedback on before I can give approval. Please hold on this one. Thanks, Wanda Rodriguez, ACT Advanced Certified ParaCegaf Office of the County Attorney (239) 252-8400 From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Monday, April 04, 2016 4:25 PM 1 Martha S. Vergara From: Martha S. Vergara Sent: Tuesday, April 05, 2016 9:01 AM To: 'Gori, Ivonne' Subject: RE: Proof 1025397 Ivonne, This ad has been reviewed and approved by the legal department, please proceed with publishing as requested. Thanks, Martha From: Gori, Ivonne [mailto:ivonne.gori@naplesnews.com] Sent: Monday, April 04, 2016 4:03 PM To: Martha S. Vergara <Martha.Vergara@collierclerk.com> Subject: Proof 1025397 Please find a proof for your review and approval. Thanks! Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 E: ivonne.gon( NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 nib NaptesNews,,::cm 1 ?'apLrø Battu ? rwEE NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier Coun- ty, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement;and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 1025397 PUBLIC HEARING 45-162858 Pub Dates April 8,2016 1 1 1 1 2 i ow,e-P //?1 '`,,f.,, (Sign ure of affiant) Sworn to and subscribed before me 1 �,.ro:ii.,, IVONNE GOBI ;'`�.; Notary Public State of Florida This April 18, 16 ' ' = Commission *FF 900870 0- My Comm.Expires Jul 16.2019 �. . ' 1 111. ,�.E Bonded through National Notary Assn. t , O (Signatur of affiant) ' NAPLES DAILY NEWS 6 Friday,April 8.20160 11A PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,on Thursday,April 28th,2016,in the Hearing Examiner(HEX)at 9:00 A.M.,on Thursday,April 28,2016,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: 609/610,Naples FL 34104,to consider: PETITION NO.CCSV-PL20150002562-The Luke Vidor Revocable Trust PETITION NO.VA-PL20150000886-Larry and Bonnie Lauffer request a requests a 25 foot variance from the coastal construction setback line(CCSL), variancefeomSection 4.02.01 structure tTablee.1 tbace Laedom25 feet Code to to allow construction of accessory improvements including a fence,pool,spa, reduce the f f of yard principal stn feeteee setback feet online from 2a t o front yard13 feet patio, storage,veranda,landscaping and on the south front yard and from 25 to 10.6 the east for X 0 sun and covered deck areas, stairs, an existing mobile home carport that was enclosed without a building permit irrigation,all of which are located on property with a street address of 10381 = Z Gulfif Shore in 2014 on property within tie Mobile Home(MH)zoning district,locatedre Drive and described as Lot 43,Block A,Re-subdivision of Part on an unrecorded lot at 228 Rookery Road,just north of Manatee Road, of Unit No.1 Conner's Vanderbilt Beach Estates in Section 29,Township 48 approximately 1000 feet east of Collier Boulevard(S.R.951) in Section 10, South,Range 25 East,Collier County,Florida Township51 South,RangeCounty,C Q 26 East,Collier Coun Florida. 3 U.1 r fiW� 1 .... t- 0 Q r = S( a _ . PROJECT LOCATION uux i U z Q a i ~.� .7.„ .21 IAPPLO r All interested parties are invited to appear and be heard. All materials used `�"""'1 N k,.a N in presentation before the Hearing Examiner will become a permanent part v.n 4 "�` C of the record. All interestedparties are invited to tea,., O appear and be heard.All materials used report are available one week prior to the hearing. The file in presentation before the Hearing Examiner will become a permanent part N Copies of staff of the record. can be reviewed at the Collier County Growth Management Department, Engineering and Natural Resources Division,Environmental Planning Section, Copies of staff report are available one week prior to the hearing.The file can 2800 North Horseshoe Drive,Naples,FL. be reviewed at the Collier County Growth Management Department,Zoning 11.) CLp Division,Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. N Q- The Hearing Examiner's decision becomes final on the date rendered. If a The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing appeal any decision made by the Collier County Hearing f V O .C Examiner with respecttoperson decides e a any matter considered at such meeting or hearing, Examiner with respect to any matter considered at such meeting or hearing, N V Nproceeding,ar he will need a record of thatM for such purpose he may need he will need a record of that proceeding,and for such purpose he may need -C t) N N to ensure that a verbatim record of the proceedings is made,which record to ensure that a verbatim record of the proceedings is made,which record Q Q w 0 includes the testimony and evidence upon which the appeal is to be based. includes the testimony and evidence upon which the appeal is to be based. If you area person with a disability who needs any accommodation in order If you area person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101,Naples, Management Division located at 3335 Tamiami Trail East,Suite 101,Naples, Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Florida 34112-5358,(239)252-8380,at least two days prior to the meeting. C Mark Strain, Mark Strain, •- Chief Hearing Examiner Chief Hearing Examiner N Collier County,Florida Collier County,Florida N N.1023076 Aorta eele No 1024713 And,3 201E N01 U) x SO CO PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE 0CNI < U < NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Z M Z Notice is hereby given that a public hearing will be held by the Collier County Notice is herebygiven that apublic by Hearin Examiner(HEX) hearingo willur dayeld April the 8,206,in the Hearing at 8:00 A.M.,on Thursday,Apri128,2016,in the Hearing Examiner(HEX)at 9:00 A.M.,on Thursday, 28,2016,in the L Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room (I) 609/610,Naples FL 34104,to consider: 609/610,Naples,FL 34104,to consider: E PETITION NO.BD-PL20150002551-Mark and Nicole Scudillo request a PETITION NO.PDI-PL20160000467-BC Naples Investments,LLP requests L 5.2-foot boat dock extension over the maximum 20 feet allowed by Section an insubstantial change to Ordinance Number 2003-11,as amended,the N Z 0) 5.03.06 of the Land Development Code,for a total protrusion of 25.2 feet,to East Gateway Mixed Use Planned Unit Development,to reduce the minimum - T accommodate a new docking facility with a new boathouse for the benefit of lot area for single family zero lot line unit in Tract"C/R"and Tract"I/B/R" Lot 25,Block S,Conner's Vanderbilt Beach Estates Unit No.3,also described from 3,190 square feet to 2,480 square feet for the PUD property located on H as 117 Egret Avenue,in Section 29,Township 48 South,Range 25 East, the north side of Davis Boulevard and west of Collier Boulevard in Section Z Collier County,Florida. 34,Township 49 South,Range 26 East,Collier County,Florida consisting of N a) "I ,,.,, 37.35s acres. < U \`'ZIT'' u vs Lf,�o Gel, Or xsrxn i p tints we0r J Ooa.n cm v PROJECT ne r E� 7 \ LOCATION PROJECT LOCATION ' NAPA 'ic.3°.eei`" 1_71 ST.AMA 29... THE EVANGELIST y uEEx ossa SQUARE 4 w,a as 28 v$VANDERBILT B All interested parties are invited to appear and be heard.All materials used in All interested parties are invited to appear and be heard. All materials used presentation before the Hearing Examiner will become a permanent part of in presentation before the Hearing Examiner will become a permanent part the record. of the record. Copies of staff report are available one week prior to the hearing.The file can Copies of staff report are available one week prior to the hearing.The file can 0 be reviewed at the Collier County Growth Management Department,Zoning be reviewed at the Collier County Growth Management Department,Zoning U '^ Division,Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. Division,Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. i.4.1 �rY The Hearing Examiner's decision becomes final on the date rendered. If a The Hearing Examiner's decision becomes final on the date rendered. If a ( person decides to appeal any decision made by the Collier County Hearing person decides to appeal any decision made by the Collier County Hearing i en f1f 0 Z N Examiner with respect to any matter considered at such meeting or hearing, Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding,and for such purpose he may need he will need a record of that proceeding,and for such purpose he may need Nto ensure that a verbatim record of the proceedings is made,which record to ensure that a verbatim record of the proceedings is made,which record a MM includes the testimony and evidence upon which the appeal is to be based. includes the testimony and evidence upon which the appeal is to be based. issiso,h+ W If you are a person with a disability who needs any accommodation in order If you are a person with a disability who needs any accommodation in order 4 bane Q, 0 to participate in this proceeding,you are entitled,at no cost to you,to the to participate in this proceeding,you are entitled,at no cost to you,to the 1 provision of certain assistance. Please contact the Collier County Facilities provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101,Naples, Management Division located at 3335 Tamiami Trail East,Suite 101,Naples, rL/� Florida 34112-5356,(239)252-6380,at least two days prior to the meeting. Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. CI Mark Strain, Mark Strain, M Chief Hearing Examiner Chief Hearing Examiner Collier County,Florida Collier County,Florida immiert ` No.1025397 tuna 201E No.1028462 Aor40.2010 Cr 1 IJ- OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM % f:2t ' TO: Minutes & Records, Clerk of Courts FROM: Wanda Rodriguez, ACP 8`1 DATE: May 3,2016 RE: Hearing Examiner Decision(s) from April 28,2016. Attached are the signed HEX decisions from the Hearing Examiner hearing on April 28, 2016. Attachments: HEX No. 2016— 14 HEX No. 2016— 15 HEX No. 2016— 16 [05-00A-01253/813782/11744 HEX NO. 2016— 14 HEARING EXAMINER DECISION 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. DATE OF HEARING: April 28, 2016 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 5.03.06 of the Land Development Code has been met and the petition is approved. ANALYSIS: Staff has received no communications in opposition to this application and no members of the public, except the applicant, were in attendance. The staff report stated an excessive decking condition existed with this dock application. After discussion with the applicants' representative, a modified plan was provided with a reduction in overall decking (see Exhibit A). The boat house is designed larger than the current boat slip and during testimony the applicants' representative stated that this was needed for expansion when a planned larger vessel was acquired. DECISION: The Hearing Examiner hereby approves Petition No. BD- PL20150002551, filed by Jeff Rogers of Turrell, Hall & Associates, Inc., representing Mark and Nicole Scudillo, for a 5.2-foot boat dock extension over the maximum 20 feet allowed by the Land Development Code for a total protrusion of 25.2 feet to accommodate a docking facility with boathouse on the property described herein, in accordance with the Proposed Site Plan attached as Exhibit "A", and as subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A—Proposed Site Plan [15-CPS-01509/1252994/1]44 1 oft LEGAL DESCRIPTION: Lot 25, Block "S", Conner's Vanderbilt Beach Estates, Unit No. 3, per Plat thereof recorded at Plat Book 3, Page 89, Public Records of Collier County, Florida. CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER: Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. r _ - ZoIto L c fiv(-Cy , Date Mar Strain, Hearing Examiner Approved as to form and legality: Scott Stone Assistant County Attorney [15-CP S-01509/1252994/1]44 2 of 2 J O / 0 W in / raii N N Z / OIL Fc U w r R o _E o Z r7: \J -Y' o L m L o o z � a LL w w X ��,- O a0 H k:',1 JXP'`•, R ¢w0Yn LL.. '-Ul fn ''fi-17.:' c(',- `k"4 z o-t,.5; a w x_.. LL z V -': owl a 3 E �wm ag '. o .Ori, o 0 '4 2 ¢Oz �$ LL��a� ¢a rc / / �¢. PI <wttOOccre p- <, ,, ,, n O wOwLL ' irg ' F D:LL20 y W Q QjhLL LL ,IlZZOha,9�w .,_.,...,;g15°2 QQN <? OjZo3 ?zO woo ' ' '' '''f' ''''' '' vo N op�WW>F,aZo3io82aa Z y z 0 ce di e_ r‹ a a Q Q¢ Q H ¢¢w aw3° aa000 w m w z F Q a z w W -J 0 W I ,_ 1Y 61 >_ x . IW¢ Q,:,_ a ? 0 WJu, owzOCDW az 0Q = 0 (1 z � r- in a0 00 < u) coiL0 aom Al :Q I O . 0 °45a1 :' \\--- -\ -- f"--- ,oz _ .1 _r_ aigh_. 0 1 12.5, i `.., ,06 (f 1____}_. ' N i /i 30 pc ii., , --1 0 CI- L ,817 N 0 bOM c - i-I•= M ,13 J � coo p Z J o M ccs U OH vTt' O m \ • = z . oo23.0 cc; 'E W U) cCW `n. 1- 2 a z_ U =� a - Z 0 J m I QJ• c I— Q Ca Exhibit "A" E w Q P'.\1546-Scud)Io Seawall&Dock\CAD\SHEET\PER MIT-COUNTY\1546-CNTY-BOE.Swp PROPOSED DOCK&BOATHOUSE 4/25/2016 AGENDA ITEM 4-D Cor County 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. t EXHIBIT Ps BD-PL20150002551 Page 1 of 9 Pp am OM _ s e s i ! 20 ?HO6 :,, ,., .., ,,, ri® W x ; x i El < i —7, 7— —.7, & R tin 2 t g El `.3 dAti 0 Ws 0 0 in 0 oft q RM (� = R i � %NS R R x— tee= gf � A = X � � 4 CL r.-. n ���� © © LLis 0 �m iniiiiiiiimilimillimiti , :di' % *eV amik ipi ork lois si:.,51.. \ Q �c 4�� fiat ° VO � , R tt". � �� i> gu g S • qq u T.1. u O U Lo Lr) _CC — u U VU J �. u cg 14.)' O limminink N a; o; CO qt .----- L Y 4 4 i ovoa�w��na idoaaiv " ! 8 Z i-- . 4. 1 im . 0, i 7-1 i , g Os r . IsAl il 44 i)i W i L _ e 1 P ) I I: / ono MOO 3U310000 ke3,ace _ W 1 I a §,/ '''''F ; 4- g i\j ,_ A ., 1 - - , Qdo lig 0., q'''2 4, ^ 11 IP.14 i. ilk s er lis iga 0_ WW1 iwviwviL—--) tll Yy di F 2 1 13 Ili Qq b 6rs'nl C�� � i 1 i _ v . C '. .__ l' ng y i 2 of - Z IP V1144 O 1 - \o anoeo�imeaaonnr. iIIIILU' IL! ' R n D h F— U ' t f:. 0 ! . J y.. ALF OF V 2 w - 7 1:-..- 0 a Oo ¢ aO 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 1 1:11144 1.' ifr , 70 ,,, ... 1, are k. g .... ..�...M...:, 0—tate 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 by the 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 find 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 BD-PL20150002551 Page 8 of 9 PREPARED BY: 14-14-1‘ RACHEL BEASLEY, 'BANNER DATE ZONING DIVISION REVIEWED BY: • 4. 4 . 16 RAYMs, :0 V. BEL LOWS, ZONING MANAGER DATE ZONING IVISION APPROVED BY: MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION BD-PL20150002551 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 Attachment A REVISED BDE APPLICATION 5jJr9yunt COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION APPLICATION AND SUBMITTAL INSTRUCTIONS LDC Section 5.03.06 Chapter 3 B.of the Administrative Code The following information is intended to guide the applicant through the application and public hearing process for a Dock Facility Extension or Boathouse Establishment Petition. Prior to submitting the Dock Facility Extension or Boathouse Establishment Petition application, the applicant shall attend a pre-application meeting to determine if a dock facility extension or boathouse establishment is available and to discuss the location, length/protrusion, and configuration of the proposed boat dock facility. The pre-application fee is $500.00 and will be credited toward application fee upon submittal. If the application is not submitted within 9 months of the pre-application meeting the pre-app fee will be forfeited and will not be credited toward the application fee. In order for the application to be processed, all accompanying materials (see attached submittal checklist) shall be completed and submitted with the application.The application fee for a Dock Facility Extension or Boathouse Establishment is $1,500.00, plus $925.00 for required legal advertising. After submission of the completed application packet, accompanied with the required fees, the applicant will receive a response notifying that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., BDE- 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 9& nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 '1 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 E■ 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: 973-464-1063 Fax: E-Mail Address: scudilloandco@hotmail.com Name of Agent: Jeff Rogers Firm: Turrell, Hall & Associates, Inc Address: 3584 Exchange Ave city: Naples State: FL ZIP: 34104 Telephone: 239-643-0166 Cell: 239487-0081Fax: 239-643-6632 E-Mail Address: Jeff@turrell-associates.corn 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 Coer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N RSF-3 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,all being approximately 1,256 sq.feet. The proposed dock has two boat lifts and will protrude approximately 25.2-feet 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 all 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? ❑Yes No If yes, please provide copies. 6/3/2014 Page 3 of 7 9& unty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on 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 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 facility 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. Coer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 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 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 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 facility 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. 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. County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 341.04 www.colilergov.net (239)252-2400 FAX:(239)252-6358 ---- Pre-Application Meeting and Friel Submittal Requirement Checklist for LV DExtension Boathouse Chapter 3 B.of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW #OF REQUIRED NOT COPIES REQUIRED Completed Application(download current form from County website) o 0 Signed and Sealed Survey ,;g F- 0 Chart of Site Waterway 41 , I(e ❑ Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; c Cross section showing relation to MHW/MLW and shoreline (bank,seawall,or rip-rap revetment); • Configuration,location, and dimensions of existing and proposed n Nips, le 0 facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property;and • Illustration of dock facility from both an aerial and side view. ®. Affidavit of Authorization,signed and notarized 1 Pi Completed Addressing Checklist 0 1 1 Er . . Electronic copy of all required documents *Please advise:The Office of the Hearing Examiner requires all materials I le to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBUC HEARING PROCESS; e 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 Coo County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coflergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ® Bayshore/Gateway Triangle Redevelopment: [12/Environmental Review:See�Pre-e- ()kat' n xecutive Director Meeting Sign-In Sheet Brig . /,ef l ddressing:Annis Moxam [ Graphics:Mariam Ocheltree f ❑ City of Naples:Robin Singer,Planning Director ❑ Historical Review ❑ Comprehensive Planning:See Pre-Application ❑ Immokalee Water/Sewer District: Meeting Sign-In Sheet {Conservancy of SWFL:Nichole Ryan Parks and Recreation:Vicky Ahmad (County Attorney's Office:Heidi Ashton-Cicko [I Transportation Pathways:Stacey Revay ❑ Emergency Management:Dan Summers;and/or ® School District(Residential Components):Amy EMS:Artie Bay Headlock a Engineering:Aliago d.. 1/12, ( j ❑ Transportation Planning:John Podczerwinsky ❑ Other: ❑ Utilities Engineering:Kris VanLengen FEE RE IREMENTS: - fBoat Dock Extension Petition:$1,500,00 fr Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 11 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 may result in the delay of processing this petition. i /az Signi of P itioner or Agent Dat i 1 1 6/3/2014 Page 7 of 7 REVISED AFFIDAVIT OF AUTHORIZATION AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) I, i' 1 9&% j � . c c-o (print name), as (title, if applicable)of (company, If applicable), swear or affirm under oath, that I am the (choose one) owner 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 will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed}fix t approved action. 11 `, �(_ 5. Well authorize e ,@ rS- 'i-i rr (((, 14k ¶/ .3,enc to act as our/my representative in any matters regarding thi tition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member" • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the `general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee" • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. 40.-/e°6— Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foree ooiing instrument was sworn to (or affirmed) and subscribed before me on 1()—('--t`� " (date) by /v' a t�' 'aw (name of person providing oath or affirmation), as who is personally known to me or who has produced D4=-P--64-L. �.44S'F (type of identification) as identification. Q416ArttlE STAMP/SEAL Signature of Notary Public ANTOINETTE GUARISCO NOTARY PUBLIC OF NEW JERSEY My Commission Expires 10/3/2018 CP\08-COA-00115\155 REV 3/24114 AFFIDAVIT OF AUTHORIZATION FOR PE TION NUMBS S(S) I, C UG ///i; (print name), as (title, if applicable) of (company, If applicable), swear or affirm under oath, that I am the (choose one) owner 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 will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Sem1� uS- 'Tariff(,ll��/455ociU{rs, Inc to act as our/my representative in any matters regarding toqis petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then itis usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member" • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee" • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I d lare that I have read the foregoing Affidavit of Authorization and that the facts st ted in it are true. /(/e/d-A MA 1 / 21 Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instru ent was sworn to (or affirmed) and subscribed before me on la—to—\sS (date) by /✓ �— ��- c t d (name of person providing oath or affirmation), as who is personally known to me or who has produced (type of identification)as identification. ail-NALTD& )Ito.A.4-3 STAMP/SEAL Signature of Notary Public ANTOINETTE GUARISCO NOTARY PUBLIC OF NEW JERSEY My Commission Expires 10/312019 CP\08-COA-00115\155 REV 3/24/14 PRE-APPLICATION NOTES \ 1 • Co e_ Corty rto tiPc/ COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collieraov.net (239)252-2400 Pre-Application meeting Notes Petition Type: BDE/Boathouse Date and Time: Tuesday,November 17,2015 ( picr:2 m j Assigned Planner: Nancy Gundlach Engineering Manager(for PPL's and FP's): ` Project Information Project Name: 117 Egret Avenue PL#: 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: Property Owner: Marc Scudillo Please provide the following,if applicable: I. Total Acreage: -37 ii. Proposed#of Residential Units: 1 til Commercial Square Footage: Proposed N/A q g 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#: Co County ...00,44..-‘ ..).---41/4.,... COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 wswww.colliereov.net (239)252-2400 IMeeting Notes '' figag gunmii- xi o v ! 416 b , d4. PatiPlcien4A14 e ' *.. f f ` Y t* illliae. iiS , 4 cin e f# i Llt &1 '4 i - CO ; , •. r all . , COWER COUNTY GOVERNMENT 2900 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 _ www.colliergov.net (239)252-2400 Pre-Application Meeting Sign-In Sheet P#:20150002551 Collier County Contact Information: Name Review Discipline Phone Email 17 Richard Anderson Environmental Specialist 252-2483 richardanderson@colliergov.net Cl David Anthony Environmental Review _ 252-2497 davidanthony@colliergov.net ❑ Summer Araque _ Environmental Review 252-6290 summerbrownaraque@colliergov.net ❑ Steve Baluch,P.E. Transportation Planning 252-2361 , StephenBaluch@colliergov.net ❑ aurle Beard Transportation Pathways 252-5782 Lauriebeard@colliergov.net Rachel Beasley Planner 252-8202 rachelbeasley@colliergov.net ❑ Marcus Berman County Surveyor 252-6885 MarcusBerman@colliergov.net ❑ Madelin Bunster Architectural Review 252-8523 madelinbunster@colliergov.net ❑ Mark Burtchin ROW Permitting 252-5165 markburtchin@colliergov.net ❑ George Cascio Utility Billin: 252-5543 _georgecascio@colliergov.net ❑ Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heidiashton@colliergov.net n Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@colliergov.net ❑ Eric Fey,P.E. Site Plans Reviewer 252-2434 ericfey@colliergov.net rg ..-, El Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@colliergov.net Nancy Gundlach,AICP,PIS, Zoning Services 252-2484 nancygundlach@colliergov.net ❑ Shar Hingson East Naples Fire District 687-5650 shingson@ccfco.org ❑ John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net ❑ Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net ❑ Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphries@colliergov.net ❑ Eric Johnson,AICP,CFM Zoning Services 252-2931 ericjohnson@colliergov.net Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net Stephen Lenberger Environmental Review 252-2915 stevelenberger@colliergov.net ❑ Paulo Martins Utilities 252-4285 paulomartins@colliergov.net ❑ Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto@colliergov.net ❑ Jack McKenna, P.E. Engineering Services 252-2911 jackmckenna@colliergov.net 11 Matt McLean, P.E. Principal Project Manager 252-8279 matthewmclean@colliergov.net CI Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz@colliergov.net El Annis Moxam Addressing 252-5519 annismoxam@colliergov.net ❑ Stefanie Nawrocki Planning and Zoning 252-2313 StefanieNawrocki@colliergov_net [1 Mariam Ocheltree Graphics 252-2315 mariamocheltree@colliergov.net I 1 Brandy Otero Transit 252-5859 brandyotero@colliergov.net "� County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.coliiereov.net (239)252-2400 11 Bill Pancake Fire Safety 252-2310 BillPancake@colliergov.net 11 Brandi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net ❑ Fred Reischl,AICP Zoning Services 252-4211 fredreischl@colliergov.net ❑ Stacy Revay Transportation Pathways 252-5677 stacyrevay@colliergov.net ❑ Brett Rosenblum,P.E. Utility Plan Review 252-2905 brettrosenblum@colliergov.net ❑ Michael Sawyer Zoning Services 252-2926 michaelsawyer@colliergov.net ❑ Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net ❑ Chris Scott,AICP Planning and Zoning 252-2460 chrisscott@coliiergov.net ❑ Daniel Smith,AICP Landscape Review 252-4312 danielsmith@colliergov.net El Ellen Summers Planning and Zoning 252-1032 EllenSummers@colliergov.net IeY Scott Stone Assistant County Attorney 252-8400 scottstone@colliergov.net Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net ❑ Kris VanLengen Utility Planning 252-5366 krisvanlengen@colliergov.net ❑ Jon Walsh Building Review 252-2962 jonathanwalsh@coHiergov.net ❑ David Weeks,AICP Future Land Use Consistency 252-2306 davidweeks@colliergov.net ❑ Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net ❑ Christine Willoughby Planning and Zoning 252-5748 ChristineWilloughby@colliergov.net Additional Attendee Contact Information: Name Representing Phone Email a i f i ADDRESSING CHECKLIST Co leo County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAP'ES,FLORIDA 34104 www.collierltov.net (239)252-2400 FAX (239)252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD Addressing@coiliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be sinned by •L!L...'- l •.; .:•11,= !J•rt• • •di:.: i•nl►.c 'n!'. ' • 1 ..- •.rgcessing Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED.Forms older than 6 months will require additional review and approvsi by the Addressing Section. r--- INNIalligairMaintailefig PETITION TYPE(Indicate type below, complete a separate Addressing Checklist or each Petition type) 3 BL(Blasting Permit) 0 SDP(Site Development Plan) f�a BD(Boat Dock Extension) 0 SOPA(SDP Amendment) CarnivallCircus Permit 0 SDPI(Insubstantial Change to SDP) CU(Conditional Use) 0 SIP(Site Improvement Plan) EXP(Excavation Permit) © SIPI(Insubstantial Change to SIP) FP(Final Plat 0SNR(Street Nan�e Change) BLLA(Lot Line Adjustment) [� $NC(Street.Name Change--Unpiatted) PNC(Project Name Change) © TDR(Transfer of Development Rights) 0 PPL(Plans s Plat Review) 0 VA(Variance) PSP(Preliminary Subdivision Plat) PUO Rezone VFW(Vegetation Removal Permit) VRSFP(Vegetat on Removal&Site Fill Permit) RZ(Standard Rezone) OTHER { LEGAL.DESCRIPTION of subject property or properties(copy of lengthy description may be attached) Conners Vanderbilt Beach Estates, Unit 3, Lot 25, Block S 4 -4E `' FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with.legal des:ription if more than one) 27833120000 STREET ADDRESS or ADDRESSES(as applicable,if already assigned) 117 Eat Ave, Na las f LOCATION MAP must be attached showing exact location of project/sits in reluti,ln to nearest public road right- ofy • SURVEY(copy -needed only for unplatted properties) CURRENT PROJECT NAME(it applicable) Scudtllo Dock and BQathouse PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR or PL. CIL County COWER COUNTY GOVERNMENT 2800 NIORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPl ES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for,or already appearing in,condominiur documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: D Email 0 Fax 0 Personally picked up Applicant Name: Mark& Nicole Scudillo Phone: 239-643.0166 _ Signature on Addressing Checklist does not constitute Project anclor Street Name approval and is subject to further review by the Operations Division. -emeeseet FOR STAFF USE ONLY Folio Number 27633120000 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: - iary.a....uw Date: 11/5/15 Updated by: Date: IF OLDER THAN 6 MON1 HS, FORM hILJS1 RE 11PliA1ED OR NEW FORM SUBMIl TED UPDATED ENVIRONMENTAL EXHIBITS 1 _ m mthin N Y s 0 wZ t 0 z 3 $ - o N m o p P w > 0 ZZwz2w WZ c� 3W N s- O O U8 N N Y 0 } 0E F-I- W W 16- 00)a O ao __o =$ ww vig �a tb OD CL 0 Z 1 Ca) ' D O O w 0- I= cC o w ~ Y O J YS � W U i- � O orn O LL 's 1 lL 0 CO N J ww ioin � o o Q Z LL ` W rzQchLL Jw N CO Z ZZ — Lij 11111r a0 U. 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CVi� M O N gra I \ J 1y P\1546-Scudillo Seawall&Dock\CAD\SHEET\PERMIT-COUNTY\1546-CNTY-BDE.dwp A®@R76NT DOCKS 4142016 SUBMERGED RESOURCE SURVEY SCUDILLO DOCK 117 EGRET AVE. NAPLES, FL 34108 SUBMERGED RESOURCE SURVEY OCTOBER 29,2015 PREPARED BY: TURRELL,HALL&ASSOCIATES,INC 3584 EXCHANGE AVENUE,STE B NAPLES,FL 34104 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 (Garmin Model 76csx). Page 1 of 3 117 EGRET AVE. SUBMERGED RESOURCE SURVEY OCTOBER 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 AYE. 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. Page 3 of 3 SKETCH OF BOUNDARY SURVEY PrSURVEY 1111411;11j11, openYAddressx- Certified Tv: 117 Egret Avenue O Marc Sma Naples,FL 34108 Legal Desdiptlon As Furnished:Lot 25,Block 5.CONNERS VANDERBILT BEACH ESTATES,(MIT NO.3,Hoarding to the plat thereof as reoordedin Plat Bock 3,Page 89,agar Public Records of Collier CountyFlorida. BENCHMARK LAND SERVICES,INC. 1807 J.&C.Boulevard Tel.239.691-0778 CATS or scaNcr DRAW Br Flood Zone Information: Napes,Fbdda 34109 Fax.239-591-1195 05/31/2Ot5 RG COn7mwdgy Number.120067 LB.07502 mvw.benchmaddandarryloas.com COUP-770N AAtE OECWFD Br Pansy 0189 Sulfoc H EBectiwa Date:05/16/2012 64/01/2015 KS Flood Zone:AEBEE:11.0'NA.VD.1988 BEARINGS SHOWN HEREON ARE BASED UPONA PLATTED BEARING OF S 89'4520'E FOR THE CENTERLINE OF , EGRET AVENUE `f . .......% L-1=1732.88'P.&1733.04'M. BASIS OF BEARINGS 9A�i- >� L-2=N 894520"W 60.00'P.&M. J` .rE,z L-3=N 894520"W 50'P. 'iN 89°4436'W 49.96'M. L-4=N 894520"W 125'P.(R.) s N 89'4537"W 125.04'M.(N.R.) h4-I SET L-5=N 8945'40'W 100.02'M. LLB77502 11 F I � ps iI BLOCKS � LOT 26 �-;A BLOCKS (VACANT) •V:•-• • 4- Eq t q pp 8 0' O �. T v. W W 3 Qti0 \ O' \ IIb�i 0' END.PK `i a' " 11' r 7NBM#1 L 1. g 2 ELEV.=2.94;.. rr ` ZZ RPL . C O 1 ,,elf ...7-- -- k FAD.PK ~+la N.dD.PLS5821 -q FND.1/2' fi r/ FAD.PK ' 2 SET 1/2' _— LR 1.87502 PPP��� NAIL P.I I. LB7502 /9t6G .-I, W 1---r 29.26' � 7'—L-5—arae- --�_ -� e. L_ Rpm, Lam, FAD.D.N. L� ,\ t,j a L-3 L-2 EGRET AVENUE LOT 24 (NL�ROYED)RAM VARIES(P) BLOCK S CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH C-1 P. 8L M.78.54' 50.00' 90'00'00' S 45'14'40'W 70.71' C-2 P. '43.80' 50.00' 50'11'40' S 2520'30' W 42.42' C-2 M. 43.77' 50.00' 50'09'23' S 25'19'00"W 42.39' HEREON INAPNOTASPIAW7EITPCA ICROOoi+i io®DewaANPIPA PIOTSM ONMAwr POINTS OF INTEREST: 2Ma CBOON]LIMV JCEYPOe TPELOOT LOOlA AN MYAACeaPaATMaVOF ROE ZONIN.PAE9Ierr1 CR niEECOwraoranaw/ra0arsesa•.OR R 2011.d..aaY. 1 inch=30'ft. a 1aOBRpEAMP RT O`P007E�RiPa MT70�l /a01ll OR OTHERafxe9weNOrl0pT91NOEL nal ARE TOTHE FACECPME N MLLA DARENOTTO E ®m aarEtwmuerawarwaruag GRAPHIC SCALE ANOT AUCA1771ero71EMUMTLREa OM7M1LMa®MEAL CFA nCIWA UCEINEDaLMM1EVONO WPM 0 15 30 AE.YNaaIaa1W10/OYIILCd1>$ a7MaaraREEY OOPEDOPUP ONEYJA TIOW OR I WWED OR COPPdUCTICA YiiLBN655 GVICR .o,, IV E MOSE INITI VTIMPTL®.RtlaLRYEYlPA7rTDEL�ICMCOl/AITRDL PDaaT1aR CEs0.YMANMO7I6R 4E ITr/NCUY11LOnei COMM. a ONLY"sNOVE Exn rIMPHI ELoarm FENCE O aEswroeTEs",m I hereby certify that A Survey of the hereon described prepaliy was r.DalEPAKPAPAPIPPlalwocriCadaPPEREOF.A06ILwr~AM rlf'PROVE eAraxI aaEa a rARCataleaff 70641D60E REaTACITO a lOa9M7vaNaf fawOar MVP 0Far made under my dk-ect 0n and meets the Minimum Technical Standards a RreYLOanarOFFAIMPArTIORRI eedLLwYO•aecOIAOMER MOWrNnarO PECORoPLAra la as per(Cpl} 5J-17.0518r.052F C. 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A PROPPOO —PR PRMmIeALAVaK MA TOP SW CO =ANON' CUOPU/W Pp7ATTAPRA71lE I- V LL14 1♦V IL r U D1 U IN U 1 ILL PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, April 28, 2016, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: 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. BAY HOUSE COCOHATCHEE CAMPUS BAY )117 GULF OF VANDERBILT 21 MEXICO 20 VILLAS COLLIER L �- TRACT 21 lir THE DUNES PLAZA 21 VILLASPROJECT I__ NAPLES IMMOKALEE I 1 I LO C AT I 0 N ROAD (C.R.846) COVENTRY ST. JOHN SQUARE THE EVANGELIST -� 29 � CATHLIC CHURCH p - Jrn 28 vH VANDERBILT m NAPLES S BEACHMEM W PARK ESTATES z v Q I > ~ All interested parties are invited to appear and be heard.All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, EXHIBIT Chief Hearing Examiner Collier County, Florida 3 lr+:X *1 No.1025397 a 41214 41,G April 8.2016 - ta e N N Li a , - w J .> a ,b } • Q o FH v : : :11 0 w � ' UW N Y U H 0 _ d O a Q O 0 Ce 0J 0 LL W H .. O Li. 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