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HEX Agenda 07/14/2016 COLLIER COUNTY HEARING EXAMINER HEARINGS AGENDA JULY 14, 2016 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,JULY 14,2016 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING&REGULATION BUILDING,2800 N. HORSESHOE DRIVE,NAPLES,FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES: June 9,2016 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. PDI-PL20160000153—Ultimate Express Car Wash,LLC requests an insubstantial change to Ordinance No. 07-75,the Gaspar Station CPUD,to add a deviation from Section 5.06.04 F.5 of the Land Development Code, which allows properties in nonresidential districts to have one menu board sign per drive thru lane, not to exceed two signs per parcel,to instead allow one menu board sign per drive thru lane, not to exceed three signs per parcel, only for the parcel described as Tract FD-3, Gaspar Station Phase 2 plat. The subject property is located on the south side of Immokalee Road, approximately one quarter mile west of Interstate 75, in Section 30 Township 48 South, Range 26 East, Collier County,Florida,consisting of 17.7±acres. [Coordinator: Fred Reischl,AICP,Principal Planner] B. PETITION NO. PDI-PL20150000425 — Petitioner, The Salvation Army, requests an insubstantial change to Ordinance No. 2001-65, as amended, the Salvation Army PUD, to reduce the minimum side and rear yard setbacks for the Residential/Community Facility Areas tract along the south PUD boundary, and the minimum side yard setback along the shared boundary with the Residential/Community Facility Areas tract; to reduce the minimum landscape buffer for the Residential/Community Facility Areas tract along the south PUD boundary and along the shared boundary with the Commercial Areas tract; to reduce the minimum side yard setback for the Commercial Areas tract along the south PUD boundary and along the shared boundary with the Residential/Community Facility Areas tract; to reduce the minimum landscape buffer for the Commercial Areas tract along the north and south PUD boundaries and along the shared boundary with the Residential/Community Facility Areas tract; and to amend the PUD Master Site Plan to reflect the proposed changes and the current site layout/conditions. The subject property consists of 6.51± acres, and is located on the south side of Estey Avenue, just west of Airport-Pulling Road, in Section 2, Township 50 South, Range 25 East, Collier County, Florida. [Coordinator: Fred Reischl, AICP, Principal Planner] C. PETITION NO. VA-PL20150002429–Sandy Beach, LLC requests a variance from Section 5.03.06 E.6. of the Land Development Code to reduce the side setback requirement for boat dock facilities on lots with less than 60 feet of water frontage from 7.5 feet to 3.5 feet for a proposed boat dock facility with two boat lifts that will be constructed approximately 3.5 feet from the riparian line on both sides of the boat dock facility, located at Lot 21, Block G, Replat of Unit No.3 Little Hickory Shores, also described as 267 3rd Street West, in Section 5, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Fred Reischl,AICP,Principal Planner] D. PETITION NO. BD-PL20150000037 – Sandy Beach, LLC, requests a 30-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 50 feet,to accommodate a new boat dock facility with two boat lifts to replace the existing marginal boat dock facility for the benefit of Lot 21, Block G, Replat of Unit No. 3 Little Hickory Shores, also described as 267 3rd Street West, in Section 5, Township 48 South, Range 25 East, Collier County,Florida. [Coordinator: Fred Reischl,AICP,Principal Planner] Note: This item has been continued to the July 28,2016 HEX meeting: E. PETITION NO.PDI-PL20160000837–Bay House Campus LLC requests an insubstantial change to Ordinance No. 2013-65, the Bay House Campus Commercial Planned Unit Development,to reduce the minimum distance between principal structures to 10 feet where both principal structures do not exceed 30 feet in zoned height. The subject property consisting of 8.67±acres is located northwest of the US 41 and Walkerbilt Road intersection, in Section 21, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Fred Reischl,AICP,Principal Planner] F. PETITION NO. PDI-PL20160000403–Global Properties of Naples, LLC requests an insubstantial change to Ordinance Number 2015-33, as amended, the Vincentian Village Mixed Use Planned Unit Development, to reduce the minimum floor area of multi-family principal structures from 1,250 square feet per dwelling unit to 800 square feet per dwelling unit, and to revise a footnote to indicate that the maximum zoned building height of 35 feet and the maximum actual building height of 42 feet for multi- family and townhouse principal structures shall not exceed two stories over parking. The property is located at the southeast corner of Southwest Boulevard and U.S. 41 in Section 32, Township 50 South, Range 26 East, Collier County, Florida, consisting of 30.68± acres. [Coordinator: Fred Reischl, AICP, Principal Planner] G. PETITION NO. VA-PL20150001706 – 606 Sunset Ct. Trust requests a variance from Section 5.03.06 E.5. of the Land Development Code to reduce the side setback requirement for boat dock facilities on lots with water frontage of 60 feet or greater from 15 feet to 7.5 feet for a proposed replacement boat dock facility that will be constructed approximately 7.5 feet from the riparian line on both sides of the boat dock facility, located at Lot 14, Block E, Goodland Isles First Addition, also described as 606 Sunset Court in Section 18, Township 52 South, Range 27 East, Collier County, Florida. [Coordinator: Rachel Beasley, Planner] H. PETITION NO. SV-PL20150002660 – North Naples, LLC requests a variance from LDC Section 5.06.04 F.1.a, which limits pole signs within nonresidential zoning districts to a maximum height of 15 feet when located along an arterial or collector road, to instead allow a maximum height of 24.9 feet; from LDC Section 5.06.04 F.4, which limits single-occupancy parcels to a maximum of one total wall sign, to instead allow a maximum of three total wall signs—one on the west elevation, one on the north elevation, and one on the south elevation; and from LDC Section 5.06.04 F.I.c, which limits pole signs located along an arterial road to a maximum sign area of 80 square feet, to instead allow a maximum sign area of 118.75, for the proposed Mercedes Benz dealership located on the east side of U.S. 41, approximately one quarter mile north of the Old 41 and U.S. 41 intersection, in Section 9, Township 48 South, Range 25 East, Collier County, Florida, consisting of 7.8+ acres. [Coordinator: Rachel Beasley, Planner] 5. OTHER BUSINESS 6. PUBLIC COMMENTS 7. ADJOURN AGENDA ITEM 4-A Cot r County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION —ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JULY 14, 2016 SUBJECT: PETITION NO.: PDI-PL20160000153, GASPAR STATION CPUD OWNER/APPLICANT: AGENT: Ultimate Express Car Wash. LLC R. Bruce Anderson, Esquire 5344 Immokalee Road Cheffy Passidomo. P.A. Naples. FL 34109 821 Fifth Avenue South Naples, FL 34102 REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial amendment to the Gaspar Station CPUD(Ordinance 07-75. as amended)to allow the following change: to permit one menu board sign for each of three drive-through lanes, instead of the maximum of two signs currently permitted by the Land Development Code(LDC). GEOGRAPHIC LOCATION: The subject property consists of 1.15± acres and is currently developed with a car wash. The subject site is within the Gaspar Station CPUD, which is 17.7± acres in size and is located on the southwest corner of the intersection of Immokalee Road and Juliet Boulevard, approximately one-quarter of a mile west of Interstate 75. in Section 30,Township 48 South. Range 26 East.Collier County, Florida. PURPOSE AND DESCRIPTION OF PROJECT: The Applicant wishes to amend the Gaspar Station CPUD (Ordinance 07-75)to add a deviation from Section 5.06.04 F.5 of the Land Development Code, which allows properties in nonresidential districts to have one menu board sign per drive thru lane, not to exceed two signs per parcel, to instead allow one menu board sign per drive thru lane, not to exceed three signs per parcel, only for the parcel described as Tract FD-3, Gaspar Station Phase 2 plat.This constitutes an insubstantial change to the PUD. The site was constructed with three drive-through lanes which converge into one lane through the car wash. Each drive-through lane has a menu board where the customer selects the type of wash and pays. The LDC limits the number of menu boards to two per parcel. This deviation would permit a maximum of three menu boards for the car wash parcel only. PDI-PL20160000153:Gaspar Station CP1lD Page I oil Jul 14.2016 HEX Revised:6-20-2016 toovosso0 1111 111111111111: 1111114_•■ o I ° r ' � LNINGSTON Rp � �0• Milli 1 1eA o \ -g. OR li PI 1 T '0# 0 — -+ �+Ai" / t4 E wil , , \ 0 , rn �-- -.(3 ,- -11 i 73 1 �� \ V 0 1i a '�Nik-,40P til■ \ C.! e±9 .•o r r w l tri Ir 0 N 17\ r 2 - 00000 :0011MISgi _ -1 6111111 r.,. rn O o Zw' 77 r� 3 Vis- 1: m CD 47 hig r 111110© - 14, ;1 , -11 1. , t ��. at r cA \i., t t :1 6 0) all."-. Illt . 0 ga /L.,. o o Z \ 40,41 ViiiThla SURROUNDING LAND USE AND ZONING: Subject: Gaspar Station CPUD North: Immokalee Road ROW, across which is Pelican Strand PUD; density: 2± DU/A. East: The commercial tract of the Donovan Center PUD; intensity: a maximum of 250.000 square feet of commercial. South: Livingston Lakes PUD; density: 6.99t DU/A. West: Undeveloped property: zoned A; density: 1 DU/5Ac. K . • r fa y pfl'' . R« - pia UseppaWAY .i •Ii#w. —s.. II 1 'fit 17X I � .k MPli + iii + ERIC.1.tr 'c'it'•015 r ` 0 -.. , t 1 ; ,, - it: . , elo-, --rfete4 ir- ' I. ' ,I,,All i . #.4• .t. I i ' irA. :. {,•,s 1s. ?e, .d .0 t# ." ;mac- . , t. . z' Ili ti *1-tii+,. :"::,, . i Gaspar Station CPDD(CCPR) PDI-PL20160000153:Gaspar Station CPI ID Page 3 of 8 Juiv 14.2016 HEX Revised:6-20-2016 ,i. Subject Site'''' .,. a , L --� +r. �,r, ..v. .. II3 ` _ ' i 44 . f Ma z } PrIt 1 41: it ,.. . , , ,,,.. ... .....i, , . , ........ IL Subject car wash within Gaspar Station(Pt'9 i('(PA) An 4I� rl./ ....... _ i1 litiiiiall , , . „...., ,r . • IP -..lit fir ...iki dEa®1® gin AMAAA '.' =0,,,..m07WirsA ilf ' el 1 '1 Jim- 1 miliii ii 1 , r. =. , 1 1 ■ (Activity Center Number 4—Gaspar Station CPLD Highlighted in Yellow) PD1-PL20160000153:Gaspar Station CPUD Page 4 of 8 July 14.2016 HEX Revised:6-20-2016 ANALYSIS: The subject site lies within Activity Center Number 4 on the Future Land Use Map of the Future Land Use Element of the Growth Management Plan. 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: 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. 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. 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 add an additional menu board. 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? PDI-PL20160000153:Gaspar Station CPUD Page 5 of 8 July 14,2016 HEX Revised:6-20-2016 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. 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)(e)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 Section 10.02.13 of the LDC. Gaspar Station CPUD 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. Section 10.02.13.E.2 Does this petition change the analysis of the findings and criteria used for the original application (which are attached to this Staff Report as Exhibit"A")? No, the change proposed does not affect the original analysis, rezone fmdings, or PUD findings. Deviation Discussion: The petitioner is seeking approval of a deviation from the requirements of the LDC. The deviation is listed in the PUD document. Deviations are a normal derivative of the PUD zoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs... may depart from the strict application PDI-PL20160000153:Gaspar Station CPUD Page 6 of 8 July 14,2016 HEX Revised:6-20-2016 of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest... Please see attached Deviation Justifications provided by the applicant. Deviation 1 — A deviation from Section 5.06.04 F.5 of the Land Development Code, which allows properties in nonresidential districts to have one menu board sign per drive thru lane, not to exceed two signs per parcel, to instead allow one menu board sign per drive thru lane, not to exceed three signs per parcel, only for the parcel described as Tract FD-3,Gaspar Station Phase 2 plat. Petitioner's Rationale: The subject site was designed and constructed with three drive-through lanes which converge into the car wash. An additional permitted menu board would allow all three lanes to operate Staff Analysis and Recommendation: Staff has no objection to this deviation which is for the use of internal customers. Since the site development plan was approved with 3 drive-through lanes,3 menu boards are appropriate for the site. 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 June 21,2016. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20160000153. Attachments: A. Findings of Fact of the original Rezone B. Application PDI-PL20160000153:Gaspar Station CPUD Page 7 of 8 July 14,2016 HEX Revised:6-20-2016 PREPARED BY: FRED E HL,AICP, PRINCIPAL PLANNER DATE ZONIN DIVISION REVIEWED BY: RAYr61D V. BELLOWS,ZONING MANAGER DATE ZONING DIVISION G - 2t(- It MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION PD1-P1.2016(X)00153:(iaspar Station CPUD Page 8 of 8 July 14.2016 HEX Revised:6-20-2016 Exhibit A PUD FINDINGS PUDZ-2006-AR-10698 Section 10.02.13.B.5 of the LDC of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer,water, and other utilities. Pro: The nearby area is developed or is approved for development of a similar nature. The petitioner will be required to comply with all county regulations regarding drainage, sewer, water and other utilities. Con: None. Finding: The stipulations included in the PUD document adequately address the impacts from the proposed amendment. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Finding: Documents submitted with the application provided evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan(GMP). Pro: County staff has reviewed this petition and has offered an analysis (see staff report) of the relevant goals, objectives and policies of the GMP offering a recommendation that this petition be found consistent with the overall GMP with the stipulations recommended by staff. Con: Staff's analysis is subjective. Many of the goals, objective and policies do no have quantative means to measure compliance. The GMP Transportation Element Policies 5.1 and 9.3 contain measurable components; however, FLUE Policy 5.4 does not. Compatibility is more subjective. Finding: Staff has recommended that the subject petition has been found consistent with the goals, objectives and policies of the GMP with staffs stipulations as provided for in the adopting ordinance. Please see the staff report for a more detailed discussion. Page 1 of 3 4. The internal and external compatibility of proposed uses,which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: The proposed development standards, landscaping and buffering requirements are designed to make the proposed residential uses compatible with the adjacent residential uses. Con: None. Finding: Staff analysis as contained in the staff report indicates that this petition is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities,both public and private. Pro/Con: Evaluation not applicable. Finding: Timing or sequence of development in light of concurrency requirements does not appear to be a significant problem as part of the PUD amendment process, but the project's development must be in compliance with applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro: County Transportation Planning staff has determined that the proposed amendment is consistent with the GMP Transportation Element requirements addressing roadway concerns if staff's stipulations are included in any recommendation of approval. Con: None. Finding: If"ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subject property has the ability to support expansion based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. PUD FINDINGS P DZ-2006-AR-10698 Exhibit B Page 2 of 3 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Not applicable. Finding: This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards and the petitioner is not seeking any deviations. PUD FINDINGS PUDZ-2006-AR-10698 Exhibit B Page 3 of 3 Exhibit A REZONE FINDINGS PETITION PUDZ-2006-AR-10698 Chapter 10.03.05.G of the Collier County Land Development Code (LDC) requires that the report and recommendations of the Planning Commission to the Board of County Commissioners show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Element (FLUE) and Future Land Use Map and the elements of the Growth Management Plan (GMP). Pro: County staff has reviewed this petition and has offered an in-depth analysis (see staff report) of the relevant goals, objectives and policies of the Conservation & Coastal Management Element, the Future Land Use Element and the Transportation Element of the GMP offering a recommendation that this petition be found consistent with the overall GMP if staffs stipulations are incorporated into the approval recommendation. Con: If staffs recommended stipulations are not included, traffic circulation on Immokalee Road could be unnecessarily compromised. Findings: Based upon staffs recommendation with stipulations, the proposed development is in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP)for Collier County and all other relevant goals, objectives and policies of the GMP. 2. The existing land use pattern. Pro: The explanation of the request in the staff report and the location and zoning map that is attached to the staff report show the proposed rezoning is a reiteration of two previous rezoning approvals for the same parcel to allow the same uses. Con: None. Finding: Staff believes the proposed rezone is a logical and appropriate recommendation. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro/Con: Evaluation not applicable. Findings: Staff believes the proposed rezoning is a reiteration of two previous rezoning approvals for the same parcel to allow the same uses thus approval is an appropriate action. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Findings: The district boundaries are logically drawn as discussed in Items 3 and 4 above. Page 1 of 5 5. Whether changed or changing conditions make the passage of the proposed land use change necessary. Pro: The proposed change is necessary because LDC Section 10.02.13.D.7 does not allow the County to accept applications for development order approvals until the zoning is "updated." Additionally, the petitioner has updated the Master Plan to show the required preserve area contiguous to the preserve area in the neighboring Livingston Lakes PUD project. Con: The perceived higher intensity versus undeveloped land may not coincide with the nearby property owners' perception of the area's potential development. Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is positive. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: The County's current land use policies in the FLUE support the proposed action and the proposed use is not contrary to the current land use policies if staff's stipulations are included in any approval recommendation. The proposed amendment should not adversely influence living conditions because the use proposed are consistent with the uses proposed for Interchange Activity Centers. Con: The perceived higher intensity versus undeveloped land may not coincide with the nearby property owners' perception of the area's potential development. Findings: The proposed change should not adversely influence living conditions in the neighborhood because the preserve area's location will help buffer the only adjacent residential uses. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development,or otherwise affect public safety. Pro: Development of the subject property is consistent with provisions of the Transportation Element of the GMP and the trips are vested according to Transportation Planning staff(refer to the discussion in the staff report. The trips were vested as part of the Stiles PUD zoning. However Transportation Planning staff notes that although this PUD is considered vested by Transportation Planning staff, the PUD remains subject to operational analysis at the time of subsequent development order application. Staff has included stipulations to require this project to provide an interconnection to the west; if staff's stipulation is adopted as part of any approval recommendation, this project should not create types of traffic deemed incompatible with surrounding land uses and it should not affect the public safety. Exhibit A REZONE FINDINGS PETITION PUDZ-2006-AR-10698 Page 2of5 Con: The perceived higher intensity versus undeveloped land may not coincide with the nearby property owners' perception of the area's potential development. Findings: Evaluation of this project took into account the requirement for consistency with the Traffic Element of the GMP and the project was found consistent. Additionally, certain transportation improvements are included in the PUD document. 8. Whether the proposed change will create a drainage problem. Pro: Road improvements precipitated by this development and water management improvements to accommodate site development are designed to accommodate the normal drainage requirement and are already in place for the most part. Con: Urban intensification could potentially increase area-wide flooding in a severe rainfall event. Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub—surface drainage generated by developmental activities. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Pro: The proposed development standards will ensure that adequate light and air is allowed to adjacent properties. Con: None. Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro/Con: Evaluation not applicable. Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values; since value determination by law is driven by market value 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Exhibit A REZONE FINDINGS PETITION PUDZ-2006-AR-10698 Page 3 of 5 Pro/Con: Evaluation not applicable. Findings: The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. Pro/Con: Evaluation not applicable. Findings: The proposed development complies with the Growth Management Plan (as stipulated by staff), a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Pro: The proposed change is necessary because LDC Section 10.02.13.D.7 does not allow the County to accept applications for development order approvals until the zoning is"updated." Con: None. Findings: Any tion for compliance wi tP DC with e g whit 'e . si or througha-1.,,,1?"+er t3 rslrr s t0 t r that.Bo t o 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: Staff believes this rezoning request proposes changes that are within the scale of the needs of the neighborhood and County. Con: None. Findings: The proposed development complies with the Growth Management Plan (as stipulated), a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Exhibit A REZONE FINDINGS PETITION PUDZ-2006-AR-10698 Page 4 of 5 Pro/Con: Evaluation not applicable. Findings: Because the petitioner is seeking update a sunsetted PUD, this analysis is not germane to this petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro: None perceived. Con: The subject property in this PUD rezoning is undeveloped at this time. Findings: Any development of this site would require considerable site alteration with the proposed use of this portion of the site. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County LDC regarding Adequate Public Facilities. Pro/Con: Evaluation not applicable. Findings: A multi-disciplined team responsible for reviewing jurisdictional elements of the GMP and the LDC public facilities requirements has reviewed this land use petition and found it consistent and in compliance for zoning approval. A final determination whether this project meets the full requirements of adequate public facilities specifications will be determined as part of the development approval process. Exhibit A REZONE FINDINGS PETITION PUDZ-2006-AR-10698 Page 5 of 5 9Qonty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colilergov.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 PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION IPName of Applicant(s): Ultimate Express Car Wash, LLC Address: 5344 Immokalee Road City: Naples State: FL ZiP: 34110 Telephone: 239.887.5806 Cell: Fax: E-Mail Address: cdubbs@T6B.com Name of Agent R. Bruce Anderson Folio#:34595002123 Section: 30 Twp: 48 Range: 26 Firm: Cheffy Passidomo, P.A. Address: 821 Fifth Avenue South city: Naples State: FL ZIP: 34102 Telephone: 239.659.4942 Cell: Fax: 239.261.9782 E-Mail Address: rbanderson@napleslaw.com 6/17/2015 Page 1 of 5 9&9fltY 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? 0 Yes ❑No ❑ 1. If applicant is a land trust,so indicate and name the beneficiaries below. ❑ 2. If applicant is corporation other than a public corporation,so indicate and name officers and major stockholders below. x❑ 3.If applicant is a partnership,limited partnership or other business entity,so indicate and name principals below. ❑ 4. If applicant is an owner,indicate exactly as recorded,and list all other owners,if any. n 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) • Qhad Dubbs 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 El. PROPERTY INFORMATION PUD NAME: Gaspar Station ORDINANCE NUMBER: 07-75 FOLIO NUMBER(S): 34595002123 • 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? Q Yes ❑No 6/17/2015 Page 2 of 5 II) Co "r County • COLDER 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 0 No If yes,in whose name? Has any portion of the PUD been Q SOLD and/or E DEVELOPED? Are any changes proposed for the area sold and/or developed? 0 Yes ❑ No If yes,please describe on an attached separate sheet. S 6/17/2015 Page 3 of 5 1 C:o eY Cvunty 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 farm from Countywebsite) /g8` RI IU Pre-Application Meeting notes 1 0 ❑ Project Narrative,including a detailed description of proposed changes 16 Nit ❑ and why amendment is necessary Detail of request ❑ Current Master Plan&1 Reduced Copy - $r/a j( /I (i k. ❑ ® Q Revised Master Plan&1 Reduced Copy. ,yr'f ❑ Revised Text and any exhibits a ❑ Z El PUD document with changes crossed through&underlined /a1fyi❑ ►i El III - PUD document as revised „ , _ ' /el.J C] Warranty Deed .3.❑ Legal Description 3 ❑ 2a. El Boundary survey,if boundary of original PUD is amended ❑ -❑ ®' If PUD is platted,Include plat book pages J?E A ❑ List identifying Owner&all parties of corporation 2 a . - - -Affidavit of Authorization,signed&notarized 20 Completed Addressing Checklist 1 _ • ❑ Copy of 814 In.x 11 in.graphic lOc ation map of site 1 ❑ Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all materials / 0 N1 ❑ 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. III 6/17/2015 Page 4 of 5 • • • 1 H • . . Co ercTittitY.' COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colli�ov.net (239)252-2400 FAX:(239)2524350 . PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District(Residential Components):Amy Beysl3ure/Gate�ViryTriangle Radevelopnient: 0. Lockheart .. _ ❑ Ekadutlye Dit'ector 0Utilities Engineering.Kris VanLengen hark grid Recreationiilltcky Ahmad 9 Emergency Management:Dan Summers [� Naples Airport Authority:Ted Soliday Conservancy of SWFL:Nlchole Ryan ❑ Other: ❑ City of Naples:Robin Singer,Planning Director ❑ Other: . • = IPEREQUIREMENTS . . ❑ PUD Amendment Insubstantial(P01):$1,500.00 0 Pre-APpliat k t Meetings$500.Qp I° ; ❑ Estimated Legal Advertising tree toe he O ficei of the HeaiingEfiai'.niner:$925.00 The completed application,all respired sLibmIttal materials,and fees shall be submitted to: 1111/ Growth Management Department/Planning and Regulation . ATTN:Business Center . • 2800 North Horseshoe Drive Naples,FL 34104 . I . e":„....:,...,,6,,T,,.,,,,,,,,././e„...„...r..„ . . . , . . .. Applicant/Owner Signature . Date . ch .,' df ' . - '. : • Applicant/Owner Name(please print) • • • . . • :6/17/2015 Page S of 5 Gaspar Station • Insubstantial PUD Amendment—New PUD Section: 3.6 Sign Code Deviation A car wash has been developed on the platted parcel Gaspar Station Phase 2, Tract FD-3, (Plat Book 57, Pages 58-59) which contains three (3) drive-through lanes and wash bays with self- service automated pay stations for each drive-through lane. A deviation is approved from LDC Section 5.06.04.F.5.which permits one menu board sign per drive-through lane,not to exceed two (2)signs per parcel. Tract FD-3 is allowed to have one menu board per drive-through lane,not to exceed three(3)in total. • • [11749-0005/2411679/1] Ultimate Car Wash Express, LLC Gaspar Station Phase 2 Insubstantial Change to a PUD Application Package Pre-Application Meeting Notes S Cofer County / COLLIER COUNTY GOVERNMENT • 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 • www.collieraov.net (239)252-2400 Pre-Application Meeting Notes • Petition Type: PDI Date and Time: February 10,2016 at 9:00 Assigned Planner: Fred Relscfil Engineering Manager(for PPL's and FP s): Project Information Project Name: Gaspar Station PDI PL#: 20160000153 Property ID#:34595002123 Current Zoning: PUD Immokalee Rd 34110 Project Address: 6344thy: les Stae. p Applicant: Chaffy Passidomo Agent Name: R. Bruce Anderson, Esq. Phone: 261-9300 Agent/Firm Address: 821 Fifth Av S City: Naples state: FL an: 34102 • Property Owner:- c - • - _L " 1 + l a� C- ii'(prti.e, • S Please provide the following,if applicable: i. Total Acreage: 5.76 ac ii. Proposed#of Residential Units: N/A ill. Proposed Commercial Square Footage: iv. For Amendments,indicate the original petition number: v. If there is an Ordinance or Resolution associated with this project,please indicate the type and number: vi. if the project is within a Plat, provide the name and AR#/PL#: Gaspar Station Phase 2 PB 57 PG 58-59 • • Vll 8i" Cantalty I. • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.coHiereov.net (239)252-2400 Meeting Notes I y."17-Air,-41g1t11:6P 1,10 1dbt . ViA 77c,A) fot) • • • • • • • • • • 4111 i• Co ler Con:My . COCU ER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 • )yxi"��S• q ' • r•..'F' e+ '" 'Y.:". .� �. x„?,lir se t S �«,.hp't• •7 •.b'..,• k .:a.• ; ;:•..1'". ';& C. •,. �i•k.ii.'��e��7•l•��i�r.l��l�� .. «�h�,v�^.ry,'1•.•`." . ..:ti.: Please complete the following and email to GMD Addressing@colliergov.net or fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be sianed by Addressing personnel prior to ore-application meetina.please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE(Indicate type below,complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD(Boat Dock Extension) 0 SDPA(SDP Amendment) , ❑ Camival/Circus Permit 0 SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) 0 SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) 0 SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat I• ❑ SNR(Street Name Change) I; ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) 0 VA(Variance) ❑ PSP(Preliminary Subdivision Plat) 0 VRP(Vegetation Removal Permit) • ❑ PUD Rezone 0 VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) ❑• OTHER PHBAmandffient P11DI LEGAL DESCRIPTION of subject property or properties(copy of lengthy description maybe attached) Section 30,Township 488, Range 26E, Gaspar Station Ph2,Tract FD-3 Plat Plat Book 57, Page 58, Official Records of Collier County, Florida FOLIO(Property ID)NUMBER(s)of above(attach to,orassociate with,legal description if more than one) 34595002123 STREET ADDRESS or ADDRESSES(as applicable,if already assigned) 5344 Immokalee Road, Naples, Florida 34110 • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way ightof-way • SURVEY(copy -needed only for unplatted properties) • PROPOSED PROJECT NAME(if applicable) • Ultimate Express Car Wash (Current/Existing Project Name) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(forexisting projects/sites only) SDP - or AR or PL# 20140002032 • Current PDI PL - PL20160000153 • `w tik COlter • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: [} Email ❑ Fax 0 Personally picked up Applicant Name: R. Bruce Anderson Phone: 239-659-4942 EmaillFax: rbruceanderson@napleslaw.com Signature on Addressing Checklist does not constitute Project and/or Street Name • approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY Folio Number 34595002123 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: i(�G►�-.,�.8 /t'I� Cc . Date: 4/04/16 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE • UPDATED OR NEW FORM SUBMITTED : :; 2`' Details Page 1 of 1 • • Print New Search Tax Dills Change of Address 1 Property Summary !I Property Detail 1 Aerial f Sketches 11 Trim Notices 1 Parcel No. 34595002123 Site Mr. 5344IMMOIFALEE RD 1 r_, 9..„:.. . -----.-- ,..„ .; , ..,„.....,„....„ ...,.....„ , .;,..........„,. ,......,,....,,.... ...4 ..,....„,„..........„...,,, ,,...., ....,$.1 -,cag:=, .. . -. (;,•.,---..>- .il' I <F it '11 ,,'..,; 'r # f § - mr a • { r 'nig- * s:; E } l I Q • ‘r4iPr I.044" .e ) i'A " I. . ...t ,t's.' v#,.. ' ! I. 5'11.- i G . ji 1 r o I(er .•o• - ' '`I •roper • Appraise-..(4 Year:2015.Land parcel:34595002113 , Open a GIS Window with More Features. ZJOcA9C, • htip:%/www.collierappraiser.com/Main_Search/RecordDetai.Lhtm1?FoliolD=345951)02123 1/19/2016 • I Details Page 1 of I Print New Search l Tax Bilis Change of Address • Property Summary I Property Detail II Aerial 11 Sketches II Trim Notices Parcel No.'34595002123 Site Mr. 5344 IMMOICALEE RD i Name/Address ULTIMATE EXPRESS CAR WASH LLC 5344 IMMOKALEE RD City NAPLES State FL Zip 34109 Map No. Strap No. Section Township Range Acres MIME! 3030 310770FD-313030 30 48 26 1,15 Legal GASPAR STATION PHASE 2 TRACT FD-3 • Millage Area 0 47 Mil[age Rates 0 *Calculations Sub./Condo.310770-GASPAR STATION PHASE 2 School Other Total Use Code 0!ID-VACANT COMMERCIAL 5.48 5.5427 11.1227 Latest Sales l-ittory 2015 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page : Amount Land Value $803,104 12/22/1.4 51001-1406 $1,950,000 (+) Improved Value $fl (�) Market Value $803,104 i (_) Assessed Value $803,104 (=) School Taxable Value $809,104 (_) Taxable Value $803,104 It all Values shown above equal 0 this parcel was created nitei the • Final Tax Rall http://wwW,collierappraismeom/Main Search/R.ecorcIDetail.htm17FolioIIM4595002123 1/19/2016 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE . GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.coltiereov.net (239)252-2400 • Pre-Application Meeting Sign-In Sheet PL#:20160000163 Collier County Contact Information: Name Review Discipline Phone Email El 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 O Steve Baluch,P.E, Transportation Planning 252-2361 StephenBaluch@colliergov.net '91 Laurie Beard Transportation Pathways 252-5782 Lauriebeard@coiliergov.net 'Rachel Beasley Planner 252-8202 rachelbeasley@coillergov.net _ ❑ Marcus Berman County Surveyor 252-6885 Marcuseerman@colllergov.net ❑ Madelin Bunster Architectural Review 252-8523 madetinbunster@colliergov.net f Mark Burtchin ROW Permitting 252-5165 markburtchin@colliergov.net ❑ George Casclo Utility BORng 252-5543 georgecascio@colliergov.net ❑ Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 _ heidiashton@coiilergov.net _ % Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@colliergov.net • ❑ Eric Fey,P,E. Site Plans Reviewer _252-2434 ericfey@colliergov,net 0 Paula Fleishman impact Fee Administration _ 252-2924_ pauiatleishman@cotliergov.net ❑ Nancy Gundiach,AICP,PLA Zoning Services 252-2484 nancygundiach@colliergov,net O Sher Hingson East Naples Fire District 687-5650 shingson@ccfco.org ❑ John Houldsworth Engineering Services' 252-5757 johnhouldsworth@colllergov.riet 0 Jodi Hughes Transportation Pathways 252-5744 Jodihughes@colliergov.net O Alicia Humphries Site Plans Reviewer/ROW ' 252-2326 aliciahumphries@colllergov.net ❑ Eric Johnson,AICP,CFM Zoning Services 252-2931 erlcJohnson@colliergov,net ❑ Marcia Kendall Comprehensive Planning 252-2387 tnarciakendall@colliergov,net O Stephen Lenberger Environmental Review ' 252-2$15 stevelehberger@coltlergov,net O Paulo Martins Utilities ' ' 252-4285 pautomartins@colliergov.net ❑ Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto@coliiergov.net ❑ Jack McKenna,P.E. Engineering Services 252-2911 jackmckenna@colllergov.net O Matt McLean,P.E. Principal Project Manager 252-8279 matthewmciean@coillergov.net ❑ Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz@colliergov.net O Annis Moxam Addressing 252-5519 annismoxam@cotliergov.net 0 Stefanie Nawrocki Planning and Zoning 252-2313 StefanieNawrockl@coltiergov,net El Mariam Ocheltree Graphics 252-2315 niarianipcheltree@coliiergov.net O Brandy Otero 'Transit , ' ' ' 252-5859 brandyotero@coltietgov.net - • S&co3ntY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 ' www.colliergov.net (239)252-2400 ❑ Brandi Pollard Utility Impact fees, 252-6237 brandipollatd@colliergov,net Fred Relschl,AICP Zoning Services 252-4211 fredreischl@colllergov.net ❑ Stacy Revay Transportation Pathways 252-5677 stacyrevay@colliergov,net ❑ Brett Rosenblum,P,E. Utility Plan Review 252-2905 brettrosenbium@colilergov.net • ,l Michael Sawyer Zoning Services 252-2926 mlchaeisawyer@colllergov.net ❑ Corby Schmidt,Ala' Comprehensive Planning 252-2944 corbyschmidt@colliergov.net O Chris Scott,AICP Planning and Zoning 252-2460 chrIsscott@colllergov.net ❑ Daniel Smith,AICP Landscape Review 252-4312 danielsmith(9colliergov.net ❑ Ellen Summers Planning and Zoning 252-1032 EllenSummers@colliergov.net AScott Stone Assistant County Attorney 252-8400 scottstone@colliergov.net ❑ Mark Strain HearingExaminer/CCPC 252-4446 markstrain@colliergov.net ❑ Kris VanLengen Utility Planning 252-5366 krisvanlengen@colilergov.net ❑ ion Walsh Building Review 252-2962 jonathanwalsh@coliiergov.net O David Weeks,AICP Future Land Use Consistency 252-2306 davidweeks@colliergov.net ❑ Kirsten Wilkie Environmental Review 252-5518 klrstenwiikle@coiliergov.net ❑ Christine Willoughby Planning and Zoning 252-5748 ChristineWllioughby@colliergov.net 1111 Additional Attendee Contact Information: NameRepresenting Phone Email j C�& i�uhf 0 LAA Pr 2-37- 887-9306 etti® 6uIfim tP exprtwrij co*, �(�d ce('u 2Cn,X)--3 Ultimate Car Wash Express, LLC Gaspar Station Phase 2 • insubstantial Change to a PUD Application Package Project Narrative • • Gaspar Station PUD Project Narrative/Detail of Request A car wash has been developed on the platted parcel Gaspar Station Phase 2, Tract FD-3 (Plat Book 57, Pages 57-58) which contains three (3) drive-through lanes and wash bays, which have self-service automated pay stations (similar to an ATM) for each drive-through lane. Each drive-through lane has a menu board listing multiple types of wash options. Attached as Exhibit "A"is a photo of the menu boards,pay stations and drive-through lanes. LDC Section 5.06.04.F.5 allows one menu board sign per drive-through lane, not to exceed two (2) per parcel. The PDI deviation would add text to allow three(3)menu boards,one for each drive-through lane,on Tract FD-3 only. • This PUD Amendment qualifies as an Insubstantial PUD Amendment(PDI) based on the criteria of what is deemed a substantial change to a PUD, which are contained in LDC Section 10.02.13.E.1. That criteria is addressed as follows: a) A proposed change in the boundary of the PUD. No boundary change is proposed. b) A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development. No increase in density, intensity or building height is proposed. • (11749-0005/2411725/11 July 1, 2016 Page 1 c) 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 decrease in preservation,conservation or open space is proposed. d) 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 the commercial area sizes in the PUD are proposed and none are proposed to be relocated. e) 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. There will be no additional impacts on public facilities,no traffic increases and • no change to traffic circulation. f) A change that 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. There will be no increase in traffic impacts because of the addition of one(1)menu board sign. g) A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges. The addition of one sign will have no impact on stormwater retention or discharge. • [11749-0005/2411725/1] July 1, 2016 Page 2 h) A change that will bring about a relationship to an abutting land use that would be incompatible • with an adjacent land use. Menu board signs already exist on the property and are not incompatible with adjacent land uses. 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 the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses. The proposed change is not inconsistent with the GMP and,as earlier stated,there is no increase in density or intensity. 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). The PUD is not part of 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 LDC Section 10.02.13. None of the foregoing considerations are impacted by the proposed change. • 1u749•0005/2aur25/11 July 1, 2016 Page 3 Gaspar Station PUD Justification for Requested Deviation • Deviation from LDC Section 5.06.04.F.5 which permits one menu board per drive-through lane,not to exceed two signs per parcel,to allow Tract FD-3 of Gaspar Station Phase 2 Plat(Plat Book 57,Pages 58-59)to have one menu board per drive-through lane,not to exceed three in total. Tract FD-3 of Gaspar Station Phase 2 plat has been developed as a car wash with three drive- through lanes and wash bays,which have self-service automated pay stations(similar to an ATM) for each drive-through lane. Each drive-through lane has a menu board listing multiple types of wash options. Attached as Exhibit "A" is a photo of the menu boards, pay stations and drive- through lanes. A menu board sign is needed for the third automated pay station and drive-through lane in order for customers to be able to see the various car wash options and prices,and determine • what they want done and how much it will cost before they pull up to the pay station to pay for the options they have selected. Without the menu board sign, the third pay station and drive-through lane will not be able to be practically utilized by a customer. They would have to get out of their car and walk up to read one of the other two menu board signs in the other drive-through lanes. The menu board signs are shielded by shrubbery from Immokalee Road and are for the convenience of customers who already at the car wash,not to attract pass-by traffic. • [11749-0005/2411725/1] July 1, 2016 Page 4 SECTION III • INTERCHANGE COMMERCIAL LAND USE DISTRICT * * * * * * 3.6 DEVIATIONS 1. Deviation from LDC Section 5.06.04.F.5 which permits one menu board sign per drive thru lane, not to exceed two signs per parcel, to instead allow one menu board sign per drive thru lane, not to exceed three signs in total only for the parcel of land described as Tract FD-3, Gaspar Station Phase 2, as recorded in Plat Book 57, Pages 58-59, Public Records of Collier County, Florida. • 110 Words underlined are added; Words stuck through are deleted. July 1, 2016 Page 5 \ ,,, s -1,-.., i „.' ,, .‘,:;°*•,:„ .., . .11-,- , ,-,,i-r: -•, ''-e,..,5:„„ii-ti.;-,-z Mill . , _„,. .3 ... f., -..„-...,.,-----, -•,,..44.-, ,_..„-....., \ , -;.;•_. -1.-!--:•,_ -, -: ,- ,',.:.;,-41 .,,t,'.;;•-!-4.-- _ i ' -"' -__ • •--: 1.„-:.--:,- - 'it-. ...-..__:.;:--,-,.„-,!--:. „: --,. . , -- --- --it---t.' --, . , , .., . . . , . .. \ , . \ . t . , . . . . ,_ ._.,- ---""---. '‘ N - : ' -7 - ' , __ • il .,.. , , ,,,, , I - -- - 4 -..-- 1 - I-. — FT---- ,,_ ... ..,,,„„,,,,,,,.... '•N.- ,,.. i ,,,,. _,,_,--• .„- - , . .,_, _ . ---,-. .,,.„.,..., „,,.. . . •. -.... .'•-;..--,...„ - „It, 1 -_,.. •, ,... ' ..-...,.... „_...„ .. . ,...• t p ;t - L _ -';1'''. ; t f:- ' • •• I-:74 , 1 i I; : - ; , , -, , , . , / tj' i ;II b''," ; , 'I i -- 1 L''I ,, 1' i''''-''':*: ' ; !(' • „ 1 -_-L .;I 1 t, , . '..i.',..,,,,„, ,, _it I . ,‘ -- 4__-_ i . --- - ___, ... -.._ _I , - , . . ....... ,. . . _ , . _. . . .... t • ' t'i' ..• ' --', - - . • . ____•:Ji; - - ; 1 • 'i ' . . •' , . , 1+ • . -"--. 1 - • : ;' - ' I .'''' 4 - • '':-• ; 1 . ;` .. ,:- r --V 4" ' . ! ., ' — '-',. ,, ;I','0.: ' '--- - . 17:- - ,-'• ' ', • ; ! — EXHIBIT . _ ,,.,_,'-_ •, -. %-.,...L._,., .,:,...-':.- -,'..- ' r... ., .. 1 . , - , :-. -- ., . '. '--,77--- I Vk A i )4 I 1 1 II '...,1:'6.-. 4v...,, '--- - ---- .,,,,:::.,.:_- -. •-• , 7,-..:', .. .. • _,f4 . . ..- ‘,..., eatiei;4., •-- . _._ ...___.__I ________.., • Ultimate Car Wash Express, LLC Gaspar Station Phase 2 Insubstantial Change to a PUD Application Package Reduced Copy of Current Master Plan • • - _, , / v ....---.---"::\ \ ____„---------- - - --. ,,,,,,.,,--, ---,„------------- aMd! Jf� \ \\ \ \• ....rx--- itAil 0:'''' '' ')** *'' YI \1 \ S 3 \ it% ''::_3,i,:::1-:,, f ..C1 ' A • ‘ \j'A‘ \ \ \ \ \ ( V: --- - % 4 \I _.-------";-''''.1'. \t, ii ,-,,,,,:„: 2-;;.-__:::-_.---__-: ----‘, - ' \- i\.-- . ., R -----"� ✓ s. \ • \ .5 : iiik Wilt Wkkk • IA 94 a\• ii i IA k iis \14 a U W 1 i‘IITI ' A l'i IA t.o:It .'-i;'t1 .ot \ iii iskix 1 t......v.. oq.v. ti, \ . ) .................... .04A$1 • .., i ,c,, ,\c------" tfis 1 It k '' %AI, l' -z.73 s ti . \ '.11 ' - !kV"if'‘ . • • Ultimate Car Wash Express, LLC Gaspar Station Phase 2 Insubstantial Change to a PUD Application Package Revised Master Plan and 1 Reduced Copy Not Applicable. • • • • Ultimate Car Wash Express, LLC Gaspar Station Phase 2 • Insubstantial Change to a PUD Application Package Revised Text • • SSECTION III INTERCHANGE COMMERCIAL LAND USE DISTRICT * * * * * * 3.6 DEVIATIONS 1. Deviation from LDC Section 5.06.04.F.5 which permits one menu board sign per drive thru lane, not to exceed two signs per parcel, to instead allow one menu board sign per drive thru lane, not to exceed three signs in total only for the parcel of land described as Tract FD-3, Gaspar Station Phase 2, as recorded in Plat Book 57, Pages 58-59, Public Records of Collier County, Florida. S • Words underlined are added; Words stt►E4E-t4r-eugh are deleted. July 1, 2016 - Ultimate Car Wash Express, LLC Gaspar Station Phase 2 • Insubstantial Change to a PUD Application Package Warranty Deed S INSTR 5067479 OR 5107 PG 1406 E-RECORDED 12/29/2014 10:20 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOc@.70 $13,650.00 REC $18.50 CONS $1,950,000.00 This Document Prepared by without review or opinion of title by: Kristin M.Conroy Conroy,Conroy&Durant,P.A. Z210 Vanderbilt Beach Road,Suite 1201 Naples,FL 34109 Parcel 1D Number: 34595001027 Consideration$1,950,000.00 Trustee's Deed This Indenture, Made this 22nd day of December, 2014 A.D., Between A. GROVER MATHENEY, INDIVIDUALLY AND AS SUCCESSOR TRUSTEE UNDER THAT CERTAIN LAND TRUST AGREEMENT DATED JUNE 29, 1988,as amended,Grantor,and ULTIMATE EXPRESS CAR WASH, LLC, a Florida limited liability compare ,..., ,`- 9383 Steeplebush Drive, Belvidere, IL 61008, Grantee. Witnesseth that the GRANTOR,for and ., deration of the sum of TEN DOLL' ' : ($ 0 _ - --DOL • and other good and valuable consideratio .. G' • TOR In v• d by G•• NTSS, e re ipt whereof is hereby acknowledged,has granted,bargained and sold to the said G •N 3: -•.•tyr ' • -fit. _.-gns forever,the following described land, situate,lying and being in the County of C+Iii; w to• + +f: • • Tract FD-3,GASPAR STATION, ' E 2,according • the +lareof as recorded in Plat Book Page of the Public Reco n` Collier County, } ',a Q Subject to real property taxes and asse ••• 015 and thereafter, which are not yet due and payable;comprehensive land use p . + $ • : and other land use restrictions,prohibitions and requirements imposed by governmental authorities;restrictions and matters appearing on the plat or otherwise common to the subdivision;outstanding oil,gas and mineral rights of record,if any, without intent of reimposing same;and easements,rights of way,limitations,conditions,covenants, restrictions,and other matters of record,if any,without intent of reimposing same. Neither the Trustee named herein, nor the spouse thereof or anyone for whose support they are responsible reside on or adjacent to the property herein described and is not therefore their homestead property. Together with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold,the same in fee simple forever. And the Grantor hereby covenant with said Grantee that Grantor is lawfully seized of said land in fee simple; that Grantor has good right and lawful authority to sell and convey said land; that Grantor hereby fully warrants the title to said land and.will defend the same against the lawful claims of all • person claiming by,through or under Grantor. MATHENEY *** OR 5107 PG 1407 *** (f • In Witness Whereof,the grantor has hereunto set its hand and seal the day and year first above written. Signed,sealed and delivered In our presence: giii, 1/1 Printed ame: ie-ri i I L • V kA.Grover Matheney,Indivi' ,ally and as Witness I as Successor Trustee of the aforementioned trust P.O.Address:P.O.Box 25207,Mtatni,Florida 33102.5207'ft . Printed Name: 111 .11 . Witness 1 VS.Coo- STATE OF COUNTY OF Florida� � ,�B �0,L 1111(�� ' (t•� c The Foregoing instrument a.• ;Ai +.r o ') ember,2014 by A.GROVER MATHENEY,INDIVIDUALLY , D i E'1 T CERTAIN LAND TRUST ` AGREEMENT DA •D E 2',� * ' , iL 1 si own to me or who has produced his • V.S4i. ji'll, 0/ .o Notary Public 31 o/till 4 �; Eni Vega 1�1j ,•%! ` -oc g My Commission EE 10.:c 4 i. f i 3+ •me: i_ A '•o,t o Expires 002/2015 Public /47171' 0\Y (2++ 1 My Commission Expires A""`y/,,, , I III MA7HENBY Ultimate Car Wash Express, LLC Gaspar Station Phase 2 Insubstantial Change to a PUD Application Package Legal Description LEGAL DESCRIPTION • Ultimate Express Car Wash, LLC 5344 Immokalee Road, Naples, Florida 34110 More Particularly Described As: Tract FD-3, Gaspar Station, Phase 2, according to the plat thereof as recorded in Plat Book 57, Pages 58-59, of the Public Records of Collier County, Florida. • • • • Ultimate Car Wash Express, LLC Gaspar Station Phase 2 Insubstantial Change to a PUD Application Package PUD Plat Pages • . • • • • • .,-• . • . • 0 ,„,... 1.1% i. --_..---..- ,•*,7,...sz:_,-:-.1.::-:..; ••'•..:,-..:::••-• •.:•-• -,-•-• , •s -r•,--••.••-•••-----,,,.-.r*--;,..:-.-.. .2-----....- •.....•.„ ,.:.1 -• . : I 00 • z•;._:''_ • - .:Al • • • b , ..._.' r, - ` tlt".. •• .• 4 4 j '9 .,-- .t.- ,......,.. .. • • • Cs1 • . • ! • Z'c i . / ' 1.1n0o '4 • =I if • 1 . 11,,Ncti • . 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I - • r,lyewMN•m,mriINK 17W • i -t •leroJ1110 V. • ` 9- OMJU A1N tW - • • dvoN 331V>O II' . :+i 0 - . • _ • ' I - - •i • Ultimate Car Wash Express, LLC • Gaspar Station Phase 2 Insubstantial Change to a PUD • Application Package List Identifying Owner and All Parties of Corporation • • • I ' ANC Ultimate Car Wash Express,LLC Gaspar Station Phase 2 Insubstantial Change to a PUD Application Package Ownership Ultimate Express Car Wash, LLC is wholly owned by Chad T. Dubbs who is also the manager of the LLC, as per the attached print out from The Florida Department of State, Division of Corporations. 411 Detail by Entity Name Page 1 of 2 ('I.ORIDA DEPARTMENT OF STATE . DIVISION OF CORPOR t'i IO\S Detail by Entity Name Florida Limited Liability Company ULTIMATE EXPRESS CAR WASH, LLC Filing Information Document Number L14000189226 FEI/EIN Number 47-2543989 Date Filed 12/11/2014 State FL Status ACTIVE Principal Address 5344 IMMOKALEE ROAD NAPLES, FL 34109 Changed:02/15/2016 Mailing Address 5344 IMMOKALEE ROAD • NAPLES, FL 34109 Changed: 02/15/2016 Registered Agent Name&Address NOVATT,JEFF, ESQ. 1415 PANTHER LANE SUITE 327 NAPLES, FL 34109 Authorized Person(s)Detail Name&Address Title MGR DUBBS, CHAD T 5344 IMMOKALEE ROAD NAPLES, FL 34109 Annual Reports Report Year Filed Date 2015 03/10/2015 2016 02/15/2016 • http://search.sunbiz.org/Inquiry/CorporationSearcb/SearchResultDetail?inquirytype=Entity... 2/18/2016 Detail by Entity Name Page 2 of 2 • Document Images 02/15/2016—ANNUAL REPORT View image in PDF format 03/1012015—ANNUAL REPORT View Image in PDF format 12/11/2014—Florida Limited Liability View image in PDF format + Coovrlaht and Privacy Polldes State of Florida,Department or State 410 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 2/18/2016 Ultimate Car Wash Express, LIC . Gaspar Station Phase 2 Insubstantial Change to a PUD Application Package Affidavit of Authorization • AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) 20160000153 I, Chad Dubs (print name), as Manager (title, if applicable)of ultimate Car Wash Express.LLC (company, If a licable), swear or affirm under oath,that I am the (choose one)ownernapplicant contract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize R Bruce Anderson of chaffy Passdorro,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.pies. or v.pres. • If the applicant is a Limited Liability Company(L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's"Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the `general partner"of the named partnership. • if the applicant is a trust, then they must include the trustee's name and the words"as trustee". . • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts std in it are true. a 1:4"".T :'allw"_ Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to(or affirmed)and subscribed before me on o101 (date) by r \c ,N b5 (name of person providing oath or affirmation), as who is personally known to me or • ho ha •roduc-d ► (type of identification)as identification. ;17 STAMP/SEAL S • a ?e • '• ary lc �/ r ALEXANDRA DIMANCHE '2,• ;° Notary Public-Stale of Florida I : �1 * ur r;°My'Cornm.Expires Mar 19,2016 "foma`" AP• Commission 3`EE 150333 ` I 411 CP108-COA-00115\155 REV 3/24/14 Ultimate Car Wash Express, ILC • Gaspar Station Phase 2 Insubstantial Change to a PUD Application Package Addressing Checklist • • Co ier Comity 411 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 • �,:i ,,��,,,, „� _ _ q � 1 --y,•,:^'"y• �w�^ o..�:xrJ� !( ��. "m vt A rc F�t.l•iC!;N,+_+:: "; •• .�A ' 1D " 641id ::�'�Y'w'- :°S'!4'.',•'.M ..t•.: Please complete the following and email to GMD Addressing@colliergov.net or fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre-application meeting.please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE(Indicate type below,complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) t ❑ Carnival/Circus 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 0 SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) 0 VA(Variance) 0 PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) 0 PUD Rezone 0 VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) ❑Q OTHER PUDAme went Pvnx LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) Section 30,Township 48S, Range 26E,, Gaspar Station Ph2,Tract FD-3 Plat Plat Book 57, Page 58, Official Records of Collier County, Florida FOLIO(Property ID)NUMBER(s)of above(attach to,orassociate with,legal description if more than one) 34595002123 . ' STREET ADDRESS or ADDRESSES(as applicable, if already assigned) 5344 lmmokalee Road, Naples, Florida 34110 • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unpiatted properties) PROPOSED PROJECT NAME(if applicable) • Ultimate Express Car Wash (Current/Existing Project Name) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) ' • SDP - or AR or PL# 20140002032 • ' Current PDI PL - PL20160000153 ` • .: y,�h4 f � Coltler County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE 110 GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coiliergov.net (239)252-2400 FAX (239)252-5724 • Project or development names proposed for,or alreadyappearing in,condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: Q Email 0 Fax ❑ Personally picked up Applicant Name: R. Bruce Anderson Phone: 239-659-4942 EmalUFax: rbruceanderson@napleslaw.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. • FOR STAFF USE ONLY Folio Number 34595002123 Folio Number Folio Number Folio Number Folio Number • . Folio Number Approved by: �-�-�-� ,71 a? ct�. Date: 4/04/16 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED •• • •: Details Page 1 of I ' • Print Now Search Tax Bills Change of Address • IProperty Summary 1 Property Detail I Aerial 1 Sketches !I Trim Notices 1 - Parcel No. 34595002123 Site Mr. 5344IMMO AIFE RD i y r ,t ` ff - - tr it r" i r :h 4t p:kY ti '.... yv ,f .;Cif • :t '* k , 41{` . fm - 4 ,L' a i • ‘1 ii, ::: Y:; r:. M { f f 1. I ' ' -cl'i; ' por,, ' -4 f A f i . 4,oti , t 4,..1,2i,- ,., ;. . .. 0 ' 1 C 611: : - operty Appraise Ye'r:ZOIB.Land p?a r. eel:34505002'2 'is - 09drt a G1S Window with More Features. • ‘3t*". LOCokk°0 I • ht-tp:liwwly eollierappiaiser.com/Main_SearchIReeordDetaillta l?i�oliolD=3.4595002123 1/19/2016 1 • Details Page 1 of I - . • r7r1;---71t New search Tax Dills rChange of Address- Property AddressProperty Summary f Property Detail II Aerial 11 Sketches II Vim Notices I Parcel No,!34595002123 Site Mr. 5344 IMMOKALEE RD Name/Address ULTIMATE EXPRESS CAR WASH LLC 1 1 5344 IMMOKALEE RD City NAPLES State FL Zip 34109 Map No. Strap No. Section Township Range Acres *Estimated • 3830 310770i=D-3 23830 30 45 26 1.15 Legal t3rASPAR STATION PHASE 2 TRACT ED-3 MlIlageArea Q 47 Malaga Rates**Caloulatkans Sub./Condo•310770•GASPAR STATION PHASE'2 School Other Total • Use Code b:10-VACANT COMMERCIAL 5.48 5.6427 11.1227 Latest Sales Higtory 2015 Certified Tax Roll (Not all Safes are listed due to Confidentiality) (Subject to Change) Date Book-Page ? Amount Land Value $803,104 12/22/3.4 $107-1406 ' $1,950,000 (*) improved Value $0 (=) Market Value $803,104 tom) Assessed'Value $808,104 (=) School Taxable Value $803404 (_) Taxable Value $803404 If all Values shown al rase equ3 0 this parcel was created Wet the • Final Tax Roll http://www.00llierappraiser.com/Main Sear,'oh/RecordDetail.htm1?FoliolD=34595002123 1/19/2016 4111 ►f,:o` er County • COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.cnplergay.net (239)252-2400 Pre-Application Meeting Sign-In Sheet PL M.20168008153 Collier County Contact information: Name Review Discipline Phone Email fl Richard Anderson Environmental Specialist _ 252.2483 richardanderson@colliergov.net fl David Anthony Environmental Review 252-2497 davidanthony@coiliergov.net _ O Summer Araque Environmental Review 252-6290 summerbrownaraque@colliergov.net 0 Steve Baluch,P.E. Transportation Planning 252-2361 St ephenBaiuch@coiiiergov.net _ 131 Laurie Beard _ Transportation Pathways 252-5782 Laurlebeard@colliergov.net _ Rachel Beasley Planner 252-8202 rachelbeasfey@coliiergov.net _ ❑ Marcus Berman County Surveyor 252-6885 MarcusBeerman@colliergov.net ❑ Madelin Bunster Architectural Review 252-8523 madeflnbunster@coliiergov.net fl Mark Burtchin ROW Permitting 252-5165 markburtchin@colllergov.net O George Casclo Utility Billing 252-5543_georgecascio@coliiergov.net ❑ Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heidlashton@colliergov.net _ . IvAir Sue Faulkner Comprehensive Planning 252-5715 suefaulluier@coliiergov.net O Eric Fey,P.E. Site Plans Reviewer 252-2434 erldey@colliergov.net ❑ Paula Fleishman impart Pee Administration 252-2924 paulaiieishman@colllergov.net ❑ Nancy Gundlach,AiCP,PLA Zoning Services 252-2484 nancygundlach@colliergov.net ' O Shar Hingson East Naples Fire District _ 687-5650 shingson@ccfco.org _ ❑ John Houldsworth Engineering Services 252-5757 johnhogldsworth@collfergov.net _ O Jodf Hughes Transportation Pathways _ 252-5744 jodihughec@c.illergov.net ❑ Alicia Humphries Site Pians Reviewer/ROW • 252-2326 aiiciahumphrfes@colfiergov.net O Eric Johnson,AICP,CFM Zoning Services 252-2931 ericjohnson@colIiergov.net ❑ Marcia Kendall Comprehensive Planning 252-2387 inarciakendall@colliergov.net O Stephen Lenberger Environmental Revle* ; 252-2915 steveienberger@colifergov.net 0 Paulo Martins Utilities • ' ' 252-4285 _paulomartins@colliergov.net _ ❑ Thomas Mastroberto Fire Safety 252-7348 _Thomasmastroberto@colliergov.net O Jack McKenna,P.E. Engineering Services 252-2911 Jackmckenna@colllergov.net ❑ Matt McLean,P.E. Principal Project Manager _252-8279 matthewmclean@coiliergov,net O Gilbert Monclvaiz Utility Impact Fees 252-4215 giibertmoncivaiz@colllergov.net ❑ Annis Moxam Addressing 252-5519 annismoxam@colliergov.net - O Stefanie Nawrocki Planning and Zoning 252-2313 StefanleNawrockl@coilfergov.net Cl Mariam Ocheltree Graphics 252-23'15 _rrrariairioche(tree@cniitergov.nat _ 0 Brandy Otero . 'Transit , ' ' ' " ' , 252-5859 brandyotero@coilietgov.net i 1 Colitr City COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE III GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.na (239)252-2400 ❑ Brandi Pollard Utility Impact fees. 252-6237 brandipollard@coiliergov,net • Fred Relgchl,AICP Zoning Services , 2524211 fredreischl@colliergov.net ❑Y Stacy Revay Transportation Pathways 252.5677 stacyrevay@colliergov.net ^ ❑ Brett Rosenblum,P.E. Utility plan Review 252-2905 brettrosenblum@colliergov.net X Michael Sawyer Zoning Services 252-2926 mlchaelsawyer@colllergov.net I ❑ Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net ❑ Chris Scott,AICP Planning and Zoning 252-2460 chrlsscott@colllergov.net ❑ Daniel Smith,AICP Landscape Review 2524312 danleismith colliergov.net ❑ Ellen Summers Planning and Zoning 232-1032 EilenSummers9colliergov.net 1 t"" Scott Stone Assistant county Attorney 252-8400 scottstohe@collierypv.net ❑ Mark Strain HearingExarhiner/CCPC 2524446 markstraln@cafUergov,net ❑ Kris Vanlengen Utility Planning 252-5366 krisvanlengen@coHlergov.net ❑ Jon Walsh Building Review 252-2962 Jonathanwalsh@colfiergov.net ❑ David Weeks,AICP Future Land Use Consistency 252-2306 davidweeks@colliergov.net ❑ Kirsten Wilkie Environmental Review 252-5518 , kirstenwilkie@colllergov.net ❑ Christine Willoughby Planning and Zoning 252-5748 ChristineWllloughby@colliergov.net Additional Attendee Contact Information: . III . . Name Representing Phone ,• Email eA4 0,441 0 Loh,,- ' 2,3 T- 887tsdc* chid 0u +ole lli e. rtwQc - i/jF�•if CO�f/�/� � _ . OM i Y• . • I j • 110 • Ultimate Car Wash Express, LLC Gaspar Station Phase 2 Insubstantial Change to a PUD • Application Package Copy of 8.5" x 11" Graphic Location Map of Site -. •G., _ . w -o w al —J cn a S ` ❑ 2 I • a CO 07 O ILLm C' W 0 7>J o 10 Ei yuen p cw' a e edw' a = � Iit L S .i " !. a nG 4.-.Q E ,Ry 1, `' -.6 - nHUZ c Vc a . ' fE ��'s,' 77 a a=i d d V zDJ.*G6 D vZ m J -r`'�_ _.._. O W(= O •-.izi It is F-- m `."" u..z5ccnixm'1ci) - _ 6 a� ,- , 7-:;.*` r ,I � 1 ,ar id' . - - 1 0 F gg V .�7� tyA Oro` .at. , ! a i ��,`:�' .t t 1: o f { A7 lit yet `3 ry' .' " . '.•{.e�ai�+ t.��l ., ^i'�1 � +- 67 It -• s IS al S St 1 — aa: 0 `:5 S 4 :0k, kr a' ag f sl- .y Y y fV }'--'7.-4 - ' _ ,,.; fit-: I y - ,, 7 ,a lt'62 �� o m yet 1904 ��'' � ./ Y. ;--- y 4i ,7,� II/v.:. � � p• er- , -Q� �+ v;L• 7 t a7r-TR ..+•ism+..—'� _ C. st 611, ' }, V r t ;,y. 1- . 17.,.` IVC• !(F' :1 21EMl! ..fit •+�,Rt y-�7 y , . d .414 •. ae! `' SSI .:.. - �{ eF4- J: yFi! q, ' r .#11,41;;t:-.1xf. \ � ` �-� 1 j .7 ' qd. . !-rt is ,.... ,a Nih _..� ,1 Y w � .t1itJ J" rU • ` ei - z lqi a s t - i i, �' of T _ '� [. 0 ' i a Y - •: .-. Detail by Entity Name Page 1 of 2 FLORIDA DEPARTMENT OF STATE DIVISION O1 CORPOR.11'IO\S • +n ^:.tail by Entity Name riorida Limited Liability Company ULTIMATE EXPRESS CAR WASH, LLC Filing Information Document Number L14000189226 FEI/EIN Number 47-2543989 Date Filed 12/11/2014 State FL Status ACTIVE Principal Address 9383 STEEPLEBUSH DR. BELVIDERE, IL 61008 Address 9383 STEEPLEBUSH DR. BELVIDERE, IL 61008 Registered Agent Name&Address NOVATT, JEFF, ESQ. 1415 PANTHER LANE SUITE 327 MAPLES, FL 34109 Authorized Persons) Detail Name&Address Title MGR DUBBS, CHAD T 9383 STEEPLEBUSH DR. BELVIDERE, IL 61008 Annual Reports Report Year Filed Date 2015 03/10/2015 ::,vent Images • '`3110/2015—ANNUAL REPORT View image in PDF format 12/11/2014-- Florida Limited Liability View image in PDF format http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 1/19/2016 Detail by Entity Name Page 2 of 2 Copyright©and prIvacv Polities • State of Florida,Department of State r • • http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 1/19/2016 Electronic Articles of Organization L14000189226 For FILED 8:00 AM December 11, 2014 Florida Limited Liability Company Sec. Of State • nculligan I iie name of the Limited Liability Company is: ULTIMATE EXPRESS CAR WASH, LLC Article II The street address of the principal office of the Limited Liability Company is: 9383 STEEPLEBUSH DR. BELVIDERE, IL. 61008 The mailing address of the Limited Liability Company is: 9383 STEEPLEBUSH DR. BELVIDERE, IL. 61008 Article III The name and Florida street address of the registered agent is: JEFF NOVATT ESQ. 1415 PANTHER LANE SUITE 327 NAPLES, FL. 34109 IIIHaving been named as registered agent and to accept service of process for the above stated limited liability company at the place designated in this certificate, I hereby accept the appointment as registered ioent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relating to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent. Registered Agent Signature: JEFF NOVATT, ESQ. • Article IV L14000189226 AM The risme and address of person(s)authorized to manage LLC: FILED 8:00 1, P ODecember 11, 2014 • Title: MGR Sec. Of State CHAD T DUBBS nculligan9383 BELVIDERE, ILL. 6_ 0 8 lief member or an authorized representative Electronic Signature: JEFF NOVATT, ESQ. I am the member or authorized representative submitting these Articles of Organization and affirm that the facts stated herein are true. I am aware that false information submitted in a document to the Department of State constitutes a third degree felony as provided for in s.817.155, F.S. I understand the requirement to file an annual report between January 1st and May 1st in the calendar year following formation of the LLC and every year thereafter to maintain"active" status. • • • I • i SIGN POSTING INSTRUCTIONS • (CHAPTER 8,COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs. however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code.Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five(5) feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails, staples,or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s)in place,and readable condition until the requested action has been heard and a final decision rendered. If the sign(s)is destroyed, lost,or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER Q BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED I� ti uGcr. 4Ak9e11.5d?i WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE 1ER CO,1 NTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER U VZ- 201(pvo o / 3 5 . SIGNATURE OF APPLICANT OR AGENT STREET OR P.O.BOX N (TYPED OR PRINTED)et�Si CITY,5T 'TE ZIIQ FL 3 Y/O 2_ STATE OF FLORIDA COUNTY OF COLLIER /� The foregoing instrument was sworn to and subscribed before me this T' - day of 'TOM , 20.L by -IgbelleMdieRSafpersonally known to me or who produced as identification and who did/did not take an oath. � „ y ." +� �'•'�'`aY Signature of Notary Public zti .r, i. ,1.$67648 ,r� , . t4,2017 ,•• ., e r, �.yxKoeoo�es.to,e 'lrG�,E' Printed Name of Notary Public . My Commission Expires: (Stamp with serial number) .�s .;4 : ;_ MICHELE GOWDY Rev,3/4/2015 =': : i*t Commission#EE 867648 : _ Expires February 14,2017 � r�R a*,e �� - t le"S W ' • `� % 4 I 04 I. 1.1 t. :rr._ ,:—K.,,,-:-._ey . t It )11111E 't 4. '-... to;, ' -‘\\tl i,,,, a '"1 a r . > ,,, . u. 4 0 r ift F W• -x J 1::: `• T • M c; G .. _ - i� 1.1 an , - _ 11., ?� WrZ'�I x � 'a - am tl.j r r J E J ', �� ;! J i'Vpii ? k` S - - ',II'',II' ! •••m ..1Cnia E- 2 - sz x ! • y_ Q isiw J _ , • --�� s S. r-I. x•r \ iZ�� .I.' moi`+ - .. r /, ` / _ a k � r z AM , t , `"-`• _ AGENDA ITEM 4-B Co Ver County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JULY 14, 2016 SUBJECT: PETITION NO.: PDI-PL20150000425, SALVATION ARMY PUD OWNER/APPLICANT: AGENT: The Salvation Army Frederick E. Hood,A1CP 3180 Estey Avenue Davidson Engineering, Inc. Naples, FL 34104 4365 Radio Road Naples, FL 34104 REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial amendment to the Salvation Army PUD to reduce landscape buffers and/or setbacks under different scenarios where there is a unified plan of development,as further described below. GEOGRAPHIC LOCATION: The subject property consists of 6.51±acres and is currently developed with several structures. The subject site is located at the intersection of Airport-Pulling Road and Estey Avenue in Section 2. Township 50 South. Range 25 East,Collier County, Florida. PURPOSE AND DESCRIPTION OF PROJECT: The Applicant wishes to reduce the minimum side and rear yard setbacks for the Residential/Community Facility Areas tract along the south PUD boundary. and the minimum side yard setback along the shared boundary with the Residential/Community Facility Areas tract; to reduce the minimum landscape buffer for the Residential/Community Facility Areas tract along the south PUD boundary and along the shared boundary with the Commercial Areas tract; to reduce the minimum side yard setback for the Commercial Areas tract along the south PUD boundary and along the shared boundary with the Residential/Community Facility Areas tract: to reduce the minimum landscape buffer for the Commercial Areas tract along the north and south PUD boundaries and along the shared boundary with the Residential/Community Facility Areas tract; and to amend the PUD Master Site Plan to reflect the proposed changes and the current site layout/conditions. PDI-P1,20150000425:Salvation Armv PUD Page I of 7 Jul 14.2016 HEX Revised:6-27-2016 m i . a u u • y aipump h,— f kilos z u y00.TF4 Rk. 4C-AD .55.1►..�.�.,-. 11tIx,1 ' r ,ordmfifigi - O If 4' _- 1 I \1 Nom• 1 p t ccc � /[p�;gyp �� m q■ > 1 ., ftLRE DA_ € 3 1, tl Y/rte ~ + kJilR -� ISO-liEJ1 R{: .. line i rz - AMFORT�Utr RML T 4, „ ,, . i ,.., ,. lg. : i �+ 0 '- 04,105,,0%auAc I !OP ss D 112101 ,,, 6 Z -I ! t i a ' i ., 4 a 1111 '1 1 RI i •5 A 1 : g-,, ,..... NEM..,.0.011 Q 4TERIPATE'M v - ^99 's M I CUUNTv OWN ROAD R Q+' .! X. M c ' • E 11 I AL A tt, 'z � SAN'n linftRnka 'FVAAD 0 MOT TO ECµ( r N s A ,A Y 9l N C y � , 1 C11 Ii x ci, it < I z n0D I EHAD01RAEN AVENUE .— -4 V m � rn N I �!�. _ II.. - Kt _ . r.'o ....4. O4< '11 > - y a . '� ... . ......._s____. 8 itiv. -0 ox 1_1JLL ION "'- A��r— I raw � � I V >'i.f i( g A o . Ga � \i .. t3 > ,„, 51131E AVE A L 1> ' E i $^ ups ti 1C I i.V 3MCY 1R b W'S § § C) 1 a I N Y A3PORT- IaUUtNC ROAD (CR 31) I h [ ii, / ;9;1; 61 ' ...,,,_._,..",...:_iti ... . , ,.,,. y G} q . y to 1 r y, I Y CENTRAL OR. N { w 01n 3 S i Y #M Y : a " i G 'o L d _. a'ti +Y L SURROUNDING LAND USE AND ZONING: Subject: Salvation Army PUD North: Estey Avenue ROW. across which is an assisted living facility, zoned Meridian Village MPUD; and Single family and duplex homes; zoned Residential Multi-family (RMF-6); maximum density: 6 DU/A East: A narrow strip of land zoned RMF-6,across which are commercial businesses, zoned Heavy Commercial(C-5); intensity: as described in Section 2.03.03.E of the LDC;and Airport-Pulling Road ROW, across which are commercial businesses, zoned Heavy Commercial(C-5); intensity: as described in Section 2.03.03.E of the LDC. South: Commercial businesses, zoned Heavy Commercial — Gateway Triangle Mixed Use Overlay District—Mixed Use Subdistrict(C-5-GTMUD-MXD); intensity: as described in Section 2.03.03.E of the LDC West: A narrow strip of land zoned RMF-6, across which are single family houses, zoned Residential Single Family(RSF-4); density:4 DU/A;and Single family houses, zoned Residential Single Family(RSF-4); density: 4 DU/A .iii, Aromillillikapillopallillgiti IN It % taunt AVE i f • .r .........00, . .., . 4. .4: 0-f. I: it Site 4 ' t a . ' it ' . - - W 0. - tis IL i T p � e _ ID i iIII SI , . _ I i IN n la 2 it I O. i r i 1 i . . 14-14,m. 1 : e iL iiiii: . ..,,.. 0 I • t, i Salvation Army Pt'A(CCPA1 PD1-PI 20150000425:Salvation Army PIT) t'apc , o - Jul) 14.2016 HEX Revised:6-27-2016 ANALYSIS: The proposed changes will only affect internal relationships within the PUD and adjacent properties under the ownership of the Salvation Army. The changes will have the effect of being interior to the project. The proposed change will not affect abutting properties under different ownership, it is a change which will affect internal property relationships within parcels owned by the Salvation Army. 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: 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. 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. 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 reduce internal buffers/setbacks. 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. PD1-PL20150000425:Salvation Army PUD Page 4 of 7 July 14,2016 HEX Revised:6-27-2016 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 and other parcels owned by the Salvation Army under common development. i. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? 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. The Salvation Army PUD 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. Section 10.02.13.E.2 Does this petition change the analysis of the findings and criteria used for the original application? No, the change proposed does not affect the original analysis, rezone findings, or PUD findings. NEIGHBORHOOD INFORMATION MEETING(NIM): A NIM was held on-site at the Salvation Army facility on March 22,2016.No members of the public attended. PDI-PL20150000425:Salvation Army PUD Page 5 of 7 July 14,2016 HEX Revised:6-27-2016 COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report on June 28,2016. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20150000425. Attachments: A. Application PDI-PL20150000425:Salvation Army PUD Page 6 of 7 July 14,2016 HEX Revised:6-27-2016 PREPARED BY: l-U� F'7142+ ISCHL,AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: 1 r c Z-1-/C / RAYN . BELLOWS,ZONING MANAGER DATE ZON G DIVISION MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION PDI-PL20150000425:Salvation Army PUJ) Page 7 of 7 July 14.2016 HEX Revised:6-27-2016 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 bit' .' 4,'.i/CANT r ° - Fdc< `: i ,- w^ .. 19.4.1111,0Y �. . .. y .a:`'4W`:?rt�.� s'.r:s,7 ., '�L- :"<<1i; 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. M PETITION NO PL 2015 00004 2 5 REV 1 PROJECT NAME To be completed by staff DATE PROCESSED 3 � a i i -/:. i]F ,. r"- t a 'n. ;..' > A-•vs Py, �` a ?psi'}� 410 Name of Applicant(s): The Salvation Army Address: 3180 Estey AveCity: Naples State: FL ZIP: 34104 Telephone: 239.261.6949 Cell: Fax: E-Mail Address: dan_proctor@uss.salvationarmy.org Name of Agent: Frederick E. Hood, AICP Folio#:61843680008_and 61M3640006 section: 2Twp:_50 Range: 25__ Firm: Davidson Engineering, Inc. Address: 4365 Radio Road, Suite 201 City: Naples State: FL ZIP: 34104 Telephone: 239.434.6060 Cell: Fax: 239.434.6084 E-Mail Address: fred@davidsonengineering.com 6/17/2015 Page 1 of 5 9&9ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliereov.net (239)252-2400 FAX:(239)252-6358 .. 1w • r• •yM1 f { W.., t +.s 'W I A. I • fi* ISCLO$0.RE Qf it#:00. INFbRII�IA ) Ifh -fi "`• 4 �°�� .. �:��e'.�v .:,ti+>x�jp'w°*.'axe` � . - :.-¢e,. .�..F. i. �5... .. "'j,.�.i�. f � .fl� Is the applicant the owner of the subject property? Q Yes ❑ No ❑ 1. If applicant is a land trust,so indicate and name the beneficiaries below. x❑ 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. ❑ 3. If applicant is a partnership, limited partnership or other business entity,so indicate and name principals below. 0 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. 0 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) • See Attachment"A"for the Disdosure of Interest information. DETAIL OF R€gUE57 On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. See Attachment"B"for the Project Narrative&Detail of Request PROPERTY INFORMATION PUD NAME: Salvation Army PUD ORDINANCE NUMBER: 01'65 FOLIO NUMBER(S): 61843680008&61843640006 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. See Attachment"C"for the Legal Description. Attach on a separate sheet,a written description of the map or text change. Does amendment comply with the Growth Management Plan? II Yes 0 No • 6/17/2015 Page 2 of 5 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 If no,please explain: Has a public hearing been held on this property within the last year? ❑Yes Q No If yes, in whose name? Has any portion of the PUD been D SOLD and/or❑1 DEVELOPED? Are any changes proposed for the area sold and/or developed? 0 Yes 0 No If yes,please describe on an attached separate sheet. • __ • 6/17/2015 Page 3 of 5 9rntY III COLUER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net Wit: q (239) 252-2400 FAX:(239)252-6358 y"d K ,1 N`¢.$.6., e .ii fi T I Y ��•.r , Itv�. a .s eJ r igw s °1t. ,,� , 3 ysp,A D sC■ i i41, `7 ;' "_ '" • 7 #�� -"..� � z '� „..w. .,4. ,, ,41,4.--',. '�. �,} n ask a-�• eta _� r9 k , . 3 '- ` ,: . .. -' e .. x A,.°- ,a. .., '> 's,,� -� ,'s.! :ka. 'x`, +.Ani,..:.. 1 1.- c.. x s ' . 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. #OF w. NOT :,' REQUIREMENTS FOR REVIEW REQUIRED COPIES REQ inn Completed Application(download current form from County website) 16 0 Pre-Application Meeting notes 1 0 A Project Narrative,induding a detailed description of proposed changes 16 0 ❑ _and why amendment is necessary Detail of request -Attathnent B” _ 1:1 FijCurrent Master Plan&1 Reduced Copy D Revised Master Plan&1 Reduced Copy 78 ❑ Revised Text and any exhibits 16 0 �] III ,__. PUD document with changes crossed through&underlined 16 0 D PUD document as revised with amended Title Page with Ordinance# El ❑ AWarranty Deed 0 El Legal Description -Attachment•c• 78 ❑ ❑ Boundary survey,if boundary of original PUD is amended ❑ ❑ 0 If PUD is platted,include plat book pages ❑ 0 El List identifying Owner&all parties of corporation 2 El El Affidavit of Authorization,signed&notarized 2 Q ❑ Completed Addressing Checklist 1 0 Copy of 834 in.x 11 in.graphic location map of site 1 [J_ _ Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all materials 0 ❑ 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 PUBUC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. III 6/17/2015 Page 4 of 5 er Cal4nty 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: i I ❑ School District(Residential Components):Amy "1Bayshore/Gateway Triangle Redevelopment: Lockheart Executive Director ❑ Utilities Engineering:Kris Van Lengen ❑ Parks and Recreation:Vicky Ahmad ❑ Emergency Management:Dan Summers ❑ Naples Airport Authority:Ted Soliday ❑ Conservancy of SWFL:Nichole Ryan 0 Other: ❑ City of Naples:Robin Singer,Planning Director ❑ Other: '�`r �:;r ..�.�;•� �YF �fEE�REQ1Jl��l�AEI!)TS��;�} �'�'�r T� �� j��,�'� ;� , , .`p= ❑ 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 • acA5 Applicant/Owner Signature Date 'Fce�e�C AkO6 N\C_ Applicant/Owner Name(please print) • 6/17/2015 Page 5 of 5 DC DAVIDSON ATTACHMENT "A" • Disclosure of Interest The Salvation Army,Inc. is a 501c3 Georgia Corporation 501c3. Below is a list of officers within the company,of which none have any percentage of ownership. Title C Name JEFFRY,DAVID E Address 615 SLATERS LANE City-State-Zip:ALEXANDRIA VA Title VP Name BAILEY, F. BRADFORD Address 1424 N.E. EXPRESSWAY, N.E. City-State-Zip:ATLANTA GA 30329 Title T Name HENRY,SAMUEL A Address 1424 N.E. EXPRESSWAY, N.E. • City-State-Zip:ATLANTA GA 30329 Title P Name BELL, DONALD C Address 1424 N.E. EXPWY. City-State-Zip:ATLANTA GA Title AT Name ELLIS,STEPHEN T Address 1424 NE EXPRESSWAY City-State-Zip: ATLANTA GA Title S Name BROOME, LARRY W Address 1424 N.E. EXPRESSWAY City-State-Zip:ATLANTA GA 30329 4111 Salvation Army PUD: Attachment"A"-Disclosure of Interest November 2015 www.davidsonengineering.com oaysQPar. • ATTACHMENT "B" PROJECT NARRATIVE & DETAIL OF REQUEST The applicant seeks an Insubstantial Change to a PUD application for the: 1. Correction of lettering in Section 3.4.C(1) in the recorded Salvation Army PUD(ORD.01-65); 2. Revision of Section 3.4.C(1)(e) to reflect "Side and Rear Yards along the south PUD boundary— Twenty(20)feet or zero(0)feet when the development of a unified plan of development between PUD and C-5 zoned property to the South is proposed"; 3. Revise Section 4.3.C(1)(b)to reflect"Other Side and Rear Yards—none or five(5)feet"and remove Section 4.3.C(1)(c); 4. Strike references to automobile dealerships in Section 4.3.1(1);and 5. Elimination of a required Type A landscape buffer between the Commercial and the Residential/Community Facility Areas in Section 4.3.1(2) Revisions 2, 3 and 5 as requested will allow for the development of a future unified plan of development for PUD and C-5 zoned property with permitted land uses owned by the applicant (61843680008, 61843640006 and 70721480007).The first change remedies an existing scrivener's error in the recorded document.The fourth revision identifies commercial zoned properties more generally than specific land uses.The requested changes do not impact the consistency with the provisions of the PUD and the Collier • County Growth Management Plan. 10.02.13 E.Changes and amendments.There are three types of changes to a PUD Ordinance:Substantial, Insubstantial, and Minor. 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 the Administrative Code. For the purpose of this section, a substantial change shall be deemed to exist where: a. A proposed change in the boundary of the PUD; Response: There are no proposed changes in the boundary of the PUD. b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; Response: There is not a proposed increase in dwelling units,intensity of the land use or height of buildings. • Salvation Army PUD: Attachment"B"-Project Narrative&Detail of Request November 2015 www.davidsonengineering.com DAV I DSON c. 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; Response: There is not a proposed decrease in preservation, conservation, recreation or open space areas within the PUD. d. 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; Response: There is not a proposed increase in the size of areas used for nonresidential, institutional, commercial or industrial land uses. There is also not a proposed relocation of nonresidential land uses. e. 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; Response: This PDI request does not proposed increase in traffic generation, circulation or impacts on other public facilities. f. A change that 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; . Response: A change in land use activities is not proposed. g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; Response: There is not a proposed change in stormwater with this PDI request. h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; Response: There are no changes proposed that will be incompatible with adjacent land uses. 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 the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses; Response: There are no modifications proposed to the PUD Master Plan or PUD Document that are inconsistent with the Future Land Use Element or Growth Management Plan. This PDI request does not increase the density or intensity of the permitted land uses. • Salvation Army PUD: Attachment"B"-Project Narrative&Detail of Request November 2015 www.davidsonengtneering.com DE DAV f D50N • 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 LDC section 10.02.13;or Response: The proposed change is not within a Development of Regional Impact,therefore does not require a public hearing by the CCPC or the BCC. 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 LDC section 10.02.13 Response: A modification to the PUD Master Plan or PUD document that will impact any consideration deemed to be substantial under LDC section 10.02.13 is not proposed. • •• Salvation Army PUD: Attachment"B"-Project Narrative&Detail of Request November 2015 www.davidsonengineering.com DE DAVIDSON • ATTACHMENT "C" Legal Description THE WEST 100 FEET OF THE NORTH 1/2 OF LOT 137, NAPLES GROVE AND TRUCK CO'S LITTLE FARMS NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 27, PUBLIC RECORDS, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 30 FEET THEREOF FOR ROADWAY AND THE WEST 25 FEET OF THE NORTH 160 FEET OF SAID LOT 137. AND A PARCEL OF LAND LYING IN AND BEING A PART OF LOT 137, NAPLES GROVE&TRUCK CO.'s LITTLE FARMS NO. 2 AS RECORDED IN PLAT BOOK 1, PAGE 27A, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 35, BLOCK"B", ROCK CREEK PARK,AS RECORDED IN PLAT • BOOK 1, PAGE 79, PUBLIC RECORDS.OF COLLIER COUNTY, FLORIDA;THENCE ALONG THE NORTH LINE OF • SAID ROCK CREEK PARK AND THE SOUTH LINE OF SAID LOT137, S 89 DEGREES 04 MINUTES 00 SECONDS • WEST 643.41 FEET TO THE SOUTHWEST CORNER OF SAID LOT 137 AND THE SOUTHEAST CORNER OF ARLINGTON TERRACE,AS RECORDED IN PLAT BOOK 3, PAGE 64, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF SAID LOT 137 AND THE EAST LINE OF SAID ARLINGTON TERRACE, NORTH 01 DEGREES 18 MINUTES 20 SECONDS WEST 322.84 FEET; THENCE ALONG A LINE PARALLEL TO AND 317.83 FEET(MEASU RED AT 90 DEGREES) SOUTH OF THE SOUTH RIGHT-OF-WAY LINE • OF ESTEY AVENUE, NORTH 89 DEGREES 03 MINUTES 20 SECONDS EAST 100.00 FEET; THENCE ALONG A LINE 100 FEET(MEASURED AT 90 DEGREES) EAST OF THE WEST LINE OF SAID LOT 137 AND THE EAST LINE OF ARLINGTON TERRACE, NORTH 01 DEGREES 18 MINUTES 20 SECONDS WEST 317_84 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SAID ESTEY AVENUE;THENCE ALONG THE SOUTH RIGHT-OF;WAY LINE OF SAID ESTEY AVENUE, NORTH 89 DEGREES 03 MINUTES 20 SECONDS EAST 307.32 FEET;THENCE ALONG A LINE 240.00 FEET (MEASURED AT 90 DEGREES) WEST OF THE WEST RIGHT-OF-WAY LINE OF AIRPORT ROAD (C-31), SOUTH 00 DEGREES 57 MINUTES 40 SECONDS EAST 540.74 FEET;THENCE ALONG A LINE PARALLEL TO AND 100 FEET (MEASURED AT 90 DEGREES) NORTH OF THE SOUTH LINE OF SAID LOT 137 AND THE NORTH LINE OF SAID ROCK CREEK PARK, NORTH 89 DEGREES 04 MINUTES 00 SECONDS EAST 240.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF AIRPORT ROAD (C-31); THENCE ALONG THE WEST RIGHT-OF-WAY LINE OF SAID AIRPORT ROAD (C-31), SOUTH 00 DEGREES 57 MINUTES 20 SECONDS EAST 100.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 5.78 ACRES OF LAND, MORE OR LESS. Salvation Army PUD: • Attachment"C"-Legal Description November 2015 www.davidsonengineering.com 2015 FOREIGN NOT FOR PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT#803387 Feb 10, 2015 Entity Name:THE SALVATION ARMY Secretary of State akurrent Principal Place of Business: CC5807436454 24 N.E.EXPRESSWAY,N.E. ATLANTA, GA 30329 Current Mailing Address: 1424 N.E. EXPRESSWAY, N.E. ATLANTA, GA 30329 FEI Number:58-0660607 Certificate of Status Desired: Yes Name and Address of Current Registered Agent: JOHNSON, KENNETH O 5631 VAN DYKE RD. LUTZ,FL 33558 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : Title C Title P Name JEFFRY,DAVID E Name BELL,DONALD C Address 615 SLATERS LANE Address 1424 N.E. EXPWY. City-State-Zip: ALEXANDRIA VA City-State-Zip: ATLANTA GA "plc) VP Title AT ame BAILEY,F.BRADFORD Name ELLIS,STEPHEN T Address 1424 N.E. EXPRESSWAY,N.E. Address 1424 NE EXPRESSWAY City-State-Zip: ATLANTA GA 30329 City-State-Zip: ATLANTA GA Title T Title S Name HENRY,SAMUEL A Name BROOME,LARRY W Address 1424 N.E. EXPRESSWAY,N.E. Address 1424 N.E. EXPRESSWAY City-State-Zip: ATLANTA GA 30329 City-State-Zip: ATLANTA GA 30329 hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that tam an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:LARRY W. BROOME SECRETARY 02/10/2015 • Electronic Signature of Signing Officer/Director Detail Date • • • 004 .o0 0 023SZ � et t • � M 16 o1 w - p• • t 00 ,... ,,, 4., �� w , . A w A ' OR ` na� •• �uao t 04' a$o w s p.. g . 1 i0 % •«o A + w al ti t•tal• o1 Ar • .. w w ° %• •S' ..•os w c n•r��sw+ • 1 'o �°, �j 1 it 4i. �v �" `< A y til 414:14•�y o A ,t .LN 114 1 ,L: - ' , .ci s o • o� 7 �o v N ' • etc • •oa• � ° a per'' sa 7!�' t►��_ �'; La baa •ate • . .. O • � 0:14. .� • �1 1 ji1 •'•. :'' • 10''*4 0 Mph .•tel el A • .+. 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'F ':1111 IAO AOf land lying in and being a part Of Lot 137, Naples Grow Truck Of, Little tans No. 2, as recorded in Plat look 1, Pape 27A, Public Records of Collier County, Florid., being more particularly duaribed as follows: Gonane at the Northeast corner of Lot 35, Block 01* NOCK CUBE PARR, ar worded in Plat look 1, Page 79, Public Reoor1s of Collier County ..Ploridat thence along the Vest Right-of•Way line of Airport Raid C'31)i� North 00°57020* Nest 100.00 test to the PLAC! OF MaY INCt thence continue along said Right•of-Way line North Ott 57°20" West 541.50 lest to the South Right-of-Way line of *stay Avenue: thence along said Right-of-Way line South 89°03020* West 12.00 feet: thence South 00°37'20" last 541.50 feet: thence North 19°04.00" East 12.00 feet to PlACS OF BBG111Wi2110. Hearings based on the Sort line of Rook Creek Park as being S a� 04°00" l as shown on Plat Book 1, Page 79, Collier County, Florida. GOti� R COtik • n (C 0 AGF ��G 7 E CIRC „moo Records al COWER COUNTY.Fly DAMES C.GILES.CIEA& • 41) • • ,•' *** 2772151 OR; 2799 PG; 3235 *** tlUCQA010 to C?!CIAL WOW of WLLIIC 000117, IL 01/03/2001 at 111:1lAM DMIMMT I. MtOCI, ctCM[ 7bb t>tleswaat rrrpaael tly ad Masao is: COLS 19000.00 0000.00 Priem likat i Solis, LLP UC 111 4.00 2610 golden eats Parkway Jute 115 • Naples, Fl 31105 DOC•.T2 1050.00 SICCT I Su.IS LLP 1100 STM AVIMMI S t30! MI5 Tl 3110: rend in Number: 6184 364 0006 Warranty Deed This indenture, Mak this C;�` yul• March , 2001 A11. Between Michael Paul Valentine of Is County of COLLIER , sl,le or Florida ,grantor, sal The Salvation Army, a corporation existing under the laws of the State of Georgia stow address is: P.O. Boot 8209 Naples, Florida 34101-8209 or the County of Collier , Mee 11i Florida ,grantee. Witnesseth aW ar uKMrr(R.wr and n wonderment of du non or TEN DOLLARS (510) tilt t.Atei, and ,les Jed and valuable wMidu nut u GRANTOR in hand pawl by GRAMME, dee ,weipl nMml' n boob) Worm lodged, No snood,beware and ndd br M.aid C)RAN ER d GRANTLIM born..ua..rr,end mania..Armen dem Wowing Jevenhal land. lye,la.ot ball is Ow Cam$y of Collier Sok of Florida welt • The West 100 feet of the North 1/2 of Lot 137, Naples Grove and Truck Co's Little Farms No. 2, accordi,• • the plat thereof recorded in Plat Book 1, page 27, Publ' - ,%�'~V'41, ter County, Florida, less and except the North 30 * +• ••dway and the west 25 feet of the North 160 feet • t Lot 137. The property herein e• •.• S NOT cons. t e the HOMESTEAD property of the Gran • • '-• H. ! 'T • ' address is 1200 Sandpoper Stree Subject to restricti• e s - is of record, if • any, and taxes subs • .`4 • Og' Premises are rot the home :. y of the gran in nor contiguous • to his homesteed property. Gr. .1' : .-.: a_ il• Cll.•. 34102 C111- Street, Naples, F1 and 6a aranrr duo booby My ennui dm title le maid led, and will defend Lbe.wle gaunt lawful clwue.,l an {morn,dammom In Witness Whereof,the amour has hoodoo Rs la hand and seal the day and fear firs'nava mutat Signed.sealed and delivered is our presence: 1\044411r lk t14-11, 711,i (S4ab Printed Name: J,a fa eq,e G M et1)Michael Paul Valentine w trews Pt)AJdrus, Itdusaadplper grata,ICA?I.Es,rLMut ,LL•t tat_ Ui'ti l ci I hie ' anted Name:!till,S7•a'r/ bEr1 f DS 17U Witness STATE OF Florida COUNTY OF COLLIER Thu trope,ia#ummt wasAcknowledged before me this 0,9 9-4/ Jay id March ,2001 ha Michael Paul Valentine • benpenu,.llywoweiomeearbehuproduced bit Florida driver's 1canse.•ideilk.m.. rimom usedesrm � n c,Lt t/t,c<i y IffaillIMoluCCsit • PF.inted Name: PA'PE.'r+t.•) tr'L•r':�� ` 0dmen,ll01 Try ota Public NMeeMesmgw,uor.r. My Cumnua nor Egoista SAL = t•.mo....WNeylgAwa.br•sae eA11 Al 11%i Pam lt 11'1,1 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) i, F. BRADFORD BAILEY,VICE PRESIDENT (print name),as , (titie,if applicable)of THE SALVATION ARMY.A GEORGIA CORP. (company,if applicable),swear or affirm under oath,that I am he(choose one) The owner X 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 Davidson Engineering, inc. to act as our/my representativein any matters regarding this petition including 1 through 2 above. 6. Applicant is the owner of the property described herein and which is the subjectmatter of the proposed submittal; that all the answers to the questions in this application,Including the disclosure of interest information, ail sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of Applicant's knowledge and belief;and that if Applicant Is not providing an attorney's opinion of title,that the information Applicant provided to the surveyor is sufficient to prepare an accurate boundary survey for this application, and is honest and true to the best of Applicant's knowledge and belief. • 7. Applicant understands that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed, shall not be altered. Applicant further • understands that If Public Hearings are required, they will not be advertised until this application is deemed complete,and all required Information has been submitted. *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.t.),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 trusteeTM. •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 al% " al ir Signat3 1 Date F.BRAD *RD BAILEY, E PRESiDENT STATE OF Cs Po I COUNTY OF /1. r }}}}}I tllltl ��,�0 NOE 8TAp'�ii Ohe foregoing instrument was sworn to(or "�2".�"•�:atvaT as/AAbpd before me on /c)-I/U �'r (date)by F.B'o`+ •ir.''i:: ±• ;e: IDE name of person providing oath or affirmation), as w , r ••aliy.kn•+3rrtctFme or who has produced (type of identification)as Identification. �zt 1 ' 1:0.'6.*:4131fil fi'f:"44' (.6c4.44 STAMP/SEAL e�'r il„„,10``�y Signature of Notary Public Col er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Pre-Application Meeting Notes Petition Type: PUDA or PDI Date and Time: March 5,2015 at 3:00 Assigned Planner: Fred Reischl Engineering Manager(for PPL's and FP's): Project Information Project Name: Salvation Army PUD PL#: 20150000425 Property ID#: 70721480007 Current Zoning: PUD & C-5-GTMUD-MXD Project Address: 1472 Airport & 3180 Estey c;ty: Naples state: FL zip: Applicant: Davidson Engineerong Agent Name: FWD/J© styPhone: 434-6060 • Agent/Firm Address: Radio Rd City: Naples State: FL Zip: 34104 Property Owner: Salvation Army Please provide the following,if applicable: i. Total Acreage: 8.9 ii. Proposed#of Residential Units: N/A iii. Proposed Commercial Square Footage: iv. For Amendments,indicate the original petition number: v. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: 01-65 vi. If the project is within a Plat, provide the name and AR#/PL#: Naples Grove and Truck Co.'s Little Farms No. 2 & Rock Creek Park • Colt County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE i I, GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coliiereov.net (239)252-2400 Meeting Notes U ��U n pwavwam., PDI 1-,6077Sc P (,46/4 77o&) /SAT oie n`' v ekit. - 1CI Al Vvv) ' r-hAr\d tV 2 • • • Co ler County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239) 252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: PUD 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 checklistis 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 0 Pre-Application Meeting notes 1 Project Narrative,including a detailed description of proposed changes 16 rdt' and why amendment is necessary �J Detail of request �, L 0 Current Master Plan& 1 Reduced Copy 0 Revised Master Plan&1 Reduced Copy E! t] Revised Text and any exhibits 0 • PUD document with changes crossed through& underlined PUD document as revised with amended Title Page with Ordinance# Warranty Deed [] Legal Description LI Boundary survey,if boundary of original PUD is amended If PUD is platted, include plat book pages List identifying Owner&all parties of corporation 2 ►�! Affidavit of Authorization,signed&notarized 2 `. Completed Addressing Checklist 1 Copy of 8%3 in.x 11 in.graphic location map of site - - -1 - Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all materials [] LI to be submitted electronically in PDF format. *If located in Immokalee or seeking affordable housing,include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. • 9/25/2014 Page 3 of 4 Cof44, er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District(Residential Components):Amy J4'"" Bayshore/Gateway Triangle Redevelopment LockheartExecutive Director Utilities Engineering:Kris VanLengen ❑ Parks and Recreation:Vicky Ahmad Emergency Management:Dan Summers ❑ Naples Airport Authority:Ted Soliday ❑ Conservancy of SWFL: Nichole Ryan ❑ Other: ❑ City of Naples: Robin Singer,Planning Director ❑ Other: FEE REQUIREMENTS ❑ PUD Amendment Insubstantial(PDI):$1,500.00 ❑ Pre-Application Meeting:$500.00 Cl Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 The completed application,all required submittal materials,and fees shall be submitted to: • Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples,FL 34104 Applicant/Owner Signature Date Applicant/Owner Name(please print) • 9/25/2014 Page 4 of 4 Co* r County COLLIER COUNTY GOVERNMENT. 2800 NORTH HORSESHOE DRIVE III GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Pre-Application Meeting Sign-In Sheet PL#:20150000425 Collier County Contact Information: Name Review Discipline Phone Email ` ❑ David Anthony Environmental Review 252-2497 davidanthony@colliergov.net 154 Summer Araque Environmental Review 252-6290. summerbrownaraque@colliergov.net ❑ Alison Bradford,P.E. Engineering 5ervices 252-6820 alisonbradford@coll.lergov.net ❑ Madelin Bunster Architectural Review 252-8523 madelinbunster@coillergov.net ❑ Mark Burtchin ROW Permitting 252-5165 markburtchin@colliergov.net ❑ George Cascio Utility Billing 252-5543 georgecasclo@colliergov.net V Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heidiashton@coiliergov.net ❑ Kay Deselem,AICP Zoning 5ervices 252-2931 kaydeselem@colliergov.net ❑ Paula Fleishman Impact Fee Administration 252-2924 paulefieishman@colliergov.net ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michaelgibbons@colliergov.net 9Q Nancy Gundlach,AICP,PIA Zoning Services 252-2484 nancygundlach@colllergov.net • ❑ Shar Hingson East Naples Fire District 687-5650 shingson@ccfco.org ❑ John Houldsworth Engineering Services 252-5757 johnhouldsworth@colllergov.net ❑ Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colllergov.net ❑ Reed Jarvi,P.E. Transportation Planning 252-5849 reedjarvi@colliergov.net ❑ Stephen Lenberger Environmental Review 252-2915 stevelenberger@colliergov.net ❑ Paulo Martins Utilities 252-4285 paulomartins@colliergov.net O Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto@colllergov.net ❑ Jack McKenna,P.E. Engineering Services 252-291.1 jackmckenna@colliergov.net ❑ Matt McLean,P.E. Principal Project Manager 252-8279 mattheinrmclean@colliergov.net ❑ Gilbert Moncivalz Utility Impact Fees 252-4215 gilbertmoncivaiz@colliergov.net ❑ Michele Mosca,AICP Comprehensive Planning 252-2466 michelernosca@colliergov.net ❑ Annis Moxam Addressing 252-5519 annismoxam@colliergov.net ❑ Mariam Ocheltree Graphics 252-2315 -mariamocheltree@colllergov.net ❑ Brandy Otero Transit 252-5859 brandyotero@colliergov.net XJohn Podczerwinsky Transportation Planning 252-5890 johnpodczerwinsky@colliergov.net ❑ Brandi Pollard Utility Impact fees 252-6237 brandipollard@colilergov.net Dir 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 O Michael Sawyer Zoning Services 252-2926 michaelsawyer@colliergov.net III $&9nty 411, COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 " Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net RI Chris Scott Planning and Zoning 252-2460 chrisscott@colliergov.net ` ❑ Daniel Smith,AICP Landscape Review 252-4312 danielsmith@colfiergov.net Scott Stone Assistant County Attorney 252-8400 scottstone@colliergov.net Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net ❑ Carolina Valera Comprehensive Planning 252-8498 carolinavalera@colliergov.net ❑ Kris Vanlengen Utility Planning 252-5366 krisvanlengen@colliergov.net ❑ Jon Walsh Building Review 252-2962 jonathanwalsh@colliergov.net ❑ David Weeks,AICP Future Land Use Consistency 252-2306 daVidweeks@colliergov.net ❑ Kirsten Wilkie Planning and Zoning 252-5518 kirstenwilkie@colilergov.net II Additional Attendee Contact Information: • Name Representing Phone Email She 1�,,(kil¢r 4. C0t,p, t lanrtI'n) ,.2.5. ..5 7(5 sue.Q�..1<.er&coll�ergou. rte ' 140.-3 `13y-cow C4 419 . ct ,A• n...L vLr Arc i.•� • Z5 t-F R.AA-n+ 1 Ai3�1.6060 :30s.\,...€oL 4.sro el sated,.c • 1 • S.. .7. .6. ' + , • • • . . ---r:.•. .." •�.1��r4rr 7O WOlC+1K await • ' k . ;; .i.: ._ :i: :Y.. '".:. i.2.)4„7":11,74,tr.,!.w ,,,,',. : f # •1 .. .-• :' • i• :' • • : • � � • r{. . "' y(R� f ..ft' ti,' . ' ftt H. ,:,.,. ,, ,„ . .- • ..VH ..... !.b'f•,`I. r .. •. r .-. Tom. _ •• p • . ...i. • {.. ?>. rte:% r"' ,£r mom uuwMr wo ,., DECE DMtgx is r .. . . + "�; n�tF'r'�6�$: w 716'0, Er.{- ... . .. • . 'M. `:t+k4 a1f' '.b:- :.4`* LTi .' Kic.. SIL 'Y"'*;.. '. . 111111 • • , , f SECTION III, ENTITLED RESIDENTIAL/COMMUNITY FACILITY AREAS PLAN,OF THE PUD DOCUMENT ATACHED TO THE SALVATION ARMY PUD, ORDINANCE NO.01-65,AS AMENDED, IS HEREBY AMENDED AS FOLLOWS: • SECTION III RESIDENTIAL/COMMUNITY FACILTY AREAS PLAN ******** 3.4 DEVELOPMENT STANDARDS ******* C. Minimum Yards: (1) Principal structures: (a) Front Yards Along Estey Avenue-Thirty-five(35)feet. (b) Side and Rear Yards along the east PUD boundary—Fifteen(15)feet. (c) Side and Rear Yards along the west PUD boundary—Twenty(20)feet. 3 (d) Side and Rear Yards along the south PUD boundary—Twenty(20)feet or zero (0) feet when a unified plan of development between the Residential/Community Facility Area and the C-5 zoned property to the South(identified as#17 on the PUD Master Plan)is proposed. • () Side yard along the shared boundary between the Commercial Area and Residential/Community Facility Area—Ten(10)feet or zero(0)feet when a unified plan of development between the Commercial Area and the Residential/Community Facility Area is proposed. (2) Accessory Structures: (a) Grounds equipment and storage/utility buildings—Thirty (30) feet from the north PUD boundaries and twenty (20) feet from the west PUD boundaries. (b) Other structure setbacks shall be as required by Division 2764 4.02.02 of the Land Development Code in effect at time of building permit application. Landscaping and Buffering Requirements: 1. A twenty(20)foot wide landscape buffer shall be provided along the western PUD boundary. A six (6)foot high opaque fence and trees, one (1) per every twenty- five (25)feet, shall be provided along the western PUD boundary. A six (6) foot high fence shall be provided around the remaining PUD boundaries for the Residential/Community Facility Area, except for access points. • Words struck #rg4h are deleted and words underlined are added Salvation Army PDI-PL20150000425 June 3,2016 2. No landscape buffer shall be required along the shared boundary between the Residential/ Community Facility Area and Commercial Area when a unified plan of development is proposed, or along the south PUD boundary when a unified Plan of development between the Residential/Community Facility Area and the • C-5 zoned property to the South (identified as #17 on the PUD Master Plan) is proposed. • • Words struck-thfough are deleted and words underlined are added Salvation Army PDI-PL20150000425 June 3,2016 SECTION IV,ENTITLED COMMERCIAL AREAS PLAN,OF THE PUD DOCUMENT ATTACHED TO THE SALVATION ARMY PUD,ORDINANCE NO.01-65,AS AMENDED,IS HEREBY AMENDED AS FOLLOWS: • SECTION IV COMMERCIAL AREAS PLAN 4.3 DEVELOPMENT STANDARDS ******* C. Minimum Yards: (1) Principal structures: (a) Front Yards Along Airport Road-Twenty-five (25)feet. (b) Side Yard along the north PUD boundary-None or five(5)feet. (c) e -- - . _ -- ! -- .Side yard along the south PUD boundary — Ten (10) feet or zero (0) feet when a unified plan of development between the Commercial Area and the C-5 property to the South (identified as#17 on the PUD Master Plan)is proposed. fiLlf Side yard along the shared boundary between the Residential/ Community Facility Area and Commercial Area—Ten(10)feet or zero(0) • feet when a unified plan of development between the Commercial Area and the C-5 property to the South (identified as#17 on the PUD Master Plan) is proposed. ******* I. Landscape and Buffering: (1) -- - ' :: - -• •- -: : . -:. No landscape buffer shall be required along the north PUD boundary when a unified plan of-development between the Commercial Area and the C-5 zoned property to the North (identified as#9 on the PUD Master Plan) is proposed, or along the south PUD boundary when a unified plan of development between Commercial Area and the C-5 zoned property to the South (identified as #17 on the PUD Master Plan) is proposed. 41) Words struck through are deleted and words underlined are added Salvation Army PDI-PL20150000425 June 3,2016 (2) A ten (10) foot wide Type "A" Buffer shall be provided between the Commercial Area and Residential/Community Facility Area of the PUD. However, no buffer shall be required when a unified plan of development between the Commercial • Area and Residential/Community Facility Area is proposed. Exhibit A, entitled "Master Site Plan", of the PUD Document attached to the Salvation Army PUD, Ordinance No. 01-65, as amended, is hereby deleted in its entirety and replaced by Exhibit A, entitled "Conceptual Master Plan",attached hereto and incorporated herein. 110 • Words struck through are deleted and words underlined are added Salvation Army PDI-PL20150000425 June 3,2016 ...•,snap a «.w-.....w'�.. .....,,.,.�..•..„-m.,.a•...,..w„•..,_... ..f M #—,,o-..,,..__N,_,..�_ U I A W N I , y • — - ----1 :&-.3 ESTEY AVENUE -11_,....,&_11.10I 1=ria'10 . .1 ',- -_, ../110 — — 1 € it �€ 1 E, 1 i A • 1 al I UJL k m E„' 1” I I f z ,:',i 1 i rn ■ i• Y 1 i 1 I =i 1 1 I P 1 ( Im ill— •f a I JII:I.; 1lL I I ji C r 11 • - . ill I .a I o 0 , Ia ► Nbr - I I - -- -- - /)I IIlik + 1 • El c c. C G. O V F_ z 0 y OTERRACE AVENUE 0 A 0 Z cn R.g 2 S pN EXHIBIT A, PAGE 1 OF 2 • °z -S e----0. ] closer .F.:4., r „ ,.1.1.10601.41110•15REM..MMiWrC,. 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SANDY BEACH BOAT DOCK EXTENSION] PROPERTY OWNER/AGENT: Owner: Sandy Beach, LLC Agent: David Turley 3740 Northern Avenue ADK Permitting Solutions, LLC Orono, MN 55391 PO Box 111385 Naples. FL 34108 REQUESTED ACTION: The petitioner requests a variance from Section 5.03.06.E.6 of the Land Development Codeto reduce the required side yard setback for boat dock facilities on lots with less than 60 feet of water frontage from 7.5 feet to 3.5 feet on both sides of the dock. GEOGRAPHIC LOCATION: The subject site is located at 267 3rd Street West in Bonita Springs and is further described as Lot 21, Block G. Replat of Little Hickory Shores Unit 3, located in Section 5, Township 48 South, Range 25 East (please see Location Map on the following page). PURPOSE/DESCRIPTION OF PROJECT: The subject property is a 0.02 acre parcel zoned RSF-4. commonly referred to as a"boat dock lot". The parcel is too small to accommodate the minimum square-foot house and setbacks required in the RSF-4 district and this was acknowledged by the Board of Zoning Appeals (BZA) when they approved a Provisional Use permitting docks without a principal use on several lots, including the subject lot(Resolution 87-260.attached). The BZA also approved a variance for 19 boat dock lots on 3'Street West which permitted a side yard of 0 feet for boat docks(Resolution 2000-51.attached). The subject lot was not included in that variance. The applicant wishes to construct a boat dock with boat lifts for two vessels,protruding a maximum of 50 feet into the waterway, with a side setback of 3.5 feet on each side. BD-VA-PL20150002429—Sandy Beach, LLC Page I of 5 Revised 6-28-2016 / lig Po AV oggs 6 `, 1 I o . !, Q . se TR �� It ;Y ,f , ;, 6`� s LL� __ � � g: i '' II' 1'�I1 i W ..m :a . IE, di II 7 iii 110 437 1 II 2 l K 4 ~- fly ,�— � � .,�� 1 �� s fpr -✓7 1 t 7C 1' it 1 " N €1 aid a —r •� p cko ewe —Apt „ Im o 1 II 4 o `= s) Z sw.3„ 9 I WM, ewnmwuMa MOD 5a V ' Illi .m m xwc m r ti t D c 1 01 ' ) 0 n --c0 w // N "*.--5-7--)27---) ,6- 5 az m 4 I I < l a /' n z 8 > <s COO MEET VEST 1_111_6111 WE' &Z�1 Z a L L : ! C c 2 = a c r S�o I .rte I SC's �----- i 12 —m els re4. a g I i a f e = t — Tr•----.' 11\k) !i { " tl tl • >p Ms7 r' _ to 4--------7:-.----- --11 !, tl +�f =cli' -iVEIT MEW o .Ts L-�s �L SURROUNDING LAND USE& ZONING: SUBJECT PARCEL: A boat dock lot with an existing marginal dock; zoned RSF-4 SURROUNDING: North: A branch of Little Hickory Bay,across which is a preserve for the Little Hickory Bay Condominium; zoned Little Hickory Bay PUD East: Docks on a boat dock lot; zoned RSF-4 South: 3`d Street West ROW,across which is a single family house:zoned RSF-4 West: Docks on a boat dock lot;zoned RSF-4 ra' t Subject ° Site vtial Subject 1 \ ) 4 Site e *, ri Aar 7 :4_ t + b �' ti ar Aerials of subject property(CCPA) STAFF COMMENTS: 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 site is a boat dock lot and cannot accommodate a house which meets the RSF-4 dimensional standards.The lot was permitted by the BZA(Resolution 87-260)to support a boat dock facility without a house as a principal structure. 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? No. However, the proposed dock would be consistent with other boat dock lots in the area which were previously granted a variance(Resolution 2000-51). 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? BD-VA-PL20150002429—Sandy Beach. LLC Page 3 of 5 Revised 6-28-2016 Yes. Without the variance, the applicant would still be able to build a boat dock that could accommodate one vessel. However, since other boat dock lots in the area support two boat lifts,this may create practical difficulties for 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 and welfare? No. Without the variance, the applicant would still be able to build a boat dock that could accommodate one vessel.However,other boat dock lots in the area have been approved for a variance from the required 7.5-foot side yard to a 0-foot side yard. 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. The approval of this variance will make this lot more similar to the other boat dock lots in the area. f.Will granting the Variance be in harmony with the general intent and purpose of the Land Development Code, and not be injurious to the neighborhood,or otherwise detrimental to the public welfare? Yes. The proposed dock will be compatible with other docks in the area and will not be 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 courses,etc.? Yes. The adjacent docks also have a reduced side yard setback. h.Will granting the Variance be consistent with the Growth Management Plan? Yes.Approval of this Variance will not affect or change the requirements of the Growth Management Plan. COUNTY ATTORNEY OFFICE REVIEW The County Attorney's office reviewed this Staff Report on June 28,2016. STAFF RECOMMENDATION: Based on the above findings, Staff recommends that the Hearing Examiner approve Petition Petition VA-PL20150002429. Attachments: 1. Resolutions 87-260&2000-51 2. Application&Support Documents BD-VA-PL20150002429—Sandy Beach,LLC Page 4 of 5 Revised 6-28-2016 PREPARED BY: FRED Or CHL,AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: b 7.? 2`1 lb RAYM' 'D BELLOWS,ZONING MANAGER R DATE ZONIN G DIVISION APPROVED BY: -!1 t0 - 2q tG MIKE BOSI,AICP, DIRECTOR DATE ZONING DIVISION BD-VA-PL20150002429—Sandy Beach, LLC Page 5 of 5 Revised 6-28-2016 Ift Co fY 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 PL 2015 0 0 0 2 4 2 9 REV 1 APPLICANT CONTACT INFORMATION Name of Applicant(s): Sandy Beach LLC Address: 3925 Cherry Ave city: Orono State: MN . . ZIP: 55364 Telephone: n/a Cell: (612) 991-9777 Fax: n/a • E-Mail Address: toddholmers@gmail.com Name of Agent: David Turley Firm: ADK Permitting Solutions LLC Address: P.O. Box 111385 City: Naples state: Florida Zip: 34108 Telephone: n/a Cell: (239) 273-9846 Fax: n/a E-Mail Address: d.turiey07@gmaii.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. • 6/4/2014 Page 1 of 6 Colyer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES;FLORIDA 34104 www.colliereov.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: 56001480000 Section/Township/Range: 5 / 48 /25 Subdivision: Little Hickory Shores # 3 (Replat) Unit: Lot: 21 Block: G Metes&Bounds Description: Platted Lot Total Acreage: 0.02 Address/General Location of Subject Property: 267 3rd St. W. Lot 21 Little Hickory Shores, Bonita Springs, 34134 IADJACENT ZONING AND LAND USE Zoning Land Use N Waterway/PUD Little Hickory Bay S RSF-4/BD-98-32 Res:#98-46 3rd St.W./ROW/Single Family Residence III E RSF-4/BD-04-AR-5699 Res:#04-07 Boat Dock Lot W RSF-$/BD-02-AR-2564 Res:#02-05 Boat Dock Lot Minimum Yard Requirements for Subject Property: Front: Corner Lot: Yes ❑ No Q Side: 7.5 Waterfront Lot: Yes ■❑ No 0 Rear: Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on_this item. please remove all public hearing advertising Scnty • 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.netllndex.aspx?page=774. 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: • 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 Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES; FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land,building or structure and which promote standards of health,safety or welfare. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands,buildings,or structures in the same zoning district. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood,or otherwise detrimental to the public welfare. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves,lakes,golf course,etc. h) Will granting the variance be consistent with the Growth Management Plan? 4. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑Yes 0 No If yes, please provide copies. • 6/4/2014 Page 4 of 6 $ ! countY • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES; FLORIDA 34104 www.coltiergov.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. NOT REQUIREMENTS FOR REVIEW #OF COPIES REQUIRED REQUIRED Completed Application(download current form from County website) ® �4 0 Pre-Application Meeting Notes 1 .vi ❑ Project Narrative ® �, ❑ Completed Addressing Checklist 1 0 Conceptual Site Plan 24"x 36"and one 814"x 11"copy ❑ Survey of property showing the encroachment(measured in feet) 2 .7i Affidavit of Authorization,signed and notarized 2 u Deeds/Legal's 3 0 • Location map 1 '.r, ❑ 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 ❑ 0 Environmental Data Requirements or exemption justification 3 0 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 • Cotner County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239) 252-6358 Planners:Indicate if the petition needs to be routed to the following reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: 1-1 Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet [r Addressing:Annis Moxam 173 Graphics:Mariam Ocheltree ❑ City of Naples:Robin Singer,Planning Director ❑ Historical Review ❑ Comprehensive Planning:See Pre-Application 0 Immokalee Water/Sewer District: Meeting Sign-In Sheet Conservancy of SWFL:Nichole Ryan 0 Parks and Recreation:Vicky Ah mad County Attorney's Office:Heidi Ashton-Cicko 0 Transportation Pathways:Stacey Revay ❑ Emergency Management:Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlock ❑ Engineering:Alison Bradford 0 Transportation Planning:John Podczerwinsky ❑ Other: 0 Utilities Engineering:Kris Vanlengen FEE REQUIREMENTS ❑ Pre-Application Meeting:$500.00 ❑ Variance Petition: • o Residential-$2,000.00 o Non-Residential-$5,000.00 o 5th and Subsequent Review-20%of original fee ❑ Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 ❑ After The Fact Zoning/Land Use Petitions:2x the normal petition fee ❑ Listed Spedes 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 ( APP licant Signature Date C-_ (—ft-kiEr2-5 Printed Name • 6/4/2014 Page 6 of 6 PL20150012429 REV 1 AFFIDAVIT OF AUTHORIZATION • FOR PETITION NUMBERS(S)a�--w-g-D 15-600 637 — ✓ tr I, e-- (print name),as 1-10t74442tPtric, 1134r=ce..,L_---ra._ (title,if applicable) of ` .--d en, P.t Ql. L_L C_ (company, If a licable),swear or affirm under oath,that I am the(chdose one)owner(l 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 imp�d by the approved ction. 5. Well authorize aJ+..L ( ucz( to act as ourlmy 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.pies. • If the applicant is a Limited Liability Company(LLC.) or Limited Company(LC.), then the documents should typically be signed by the Company's"Managing Member." • If the applicant is a partnership,then typically a partner can-sign on behalf-of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • • If the applicant is a trust, then they must include the trustee's name and the words"as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature Date STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was sworn to(or affirmed)and subscribed before me on ill /r (date) by 7.d•( J4 /" —3 (name of person providing oath r affimtion), as who is personally known to me or who has produced i� L (type of identification)as identification. STAMP/SEAL Signature of Notary Public l,11P'>k VIRAL PATEL • _ ''c MY COMMISSION#EE080854 t1: • EXPIRES July 22,2015 (407)398-0153 FlorldalloteryServlw.eom C17108-COA-001151155 REV 3/24/14 3/7/2018 Detail by Entity Name • FLORIDA DEPARTMENT OF STATE itze DIVISION O1' CORPORATIONS -. tlbt? ; , 1 A 4 Detail by Entity Name Foreign Limited Liability Company SANDY BEACH LLC Filing Information Document Number M16000001899 FEI/EIN Number 46-0965820 { Date Filed 03/03/2016 State MN Status ACTIVE Principal Address 3740 NORTHERN AVE. • ORONO, MN 55391 Mailing Address 3740 NORTHERN AVE. ORONO, MN 55391 Registered Agent Name & Address HOLMERS, TODD 3 3RD STREET BONITA SPRINGS, FL 34134 Authorized Person(s) Detail Name &Address Title OWNE HOLMERS, TODD 3740 NORTHERN AVE. ORONO, MN 55391 Annual Reports No Annual Reports Filed • Document Images xliseerchaurtiz.orgAn¢iry/C tDelal7irquirytYPrptEntityNameBdireclionType�eirrentlistasearchNameOrder=SANDYBEA... 112 *** =NSTR 5019832 OR 5068 PG 842 RECORDED 8/18/2014 8:58 AM PAGES 1 *** DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $10.00 • • LIMITED LIABILITY COMPANY AFFIDAVIT • STATE OF M i(%fl€ b4G.- COUNTY OF__yn, BEFORE ME,the undersigned authority personally appeared Todd Holmers,who after first being duly sworn according to law,deposes and says: I. Affiant is the sole member of Sandy Beach,LLC,a Mirmesota limited liability company,and as such have personal knowledge of the facts set forth herein. 2. That Sandy Beach,LLC(the"Company") is a duly and validly existing limited liability company under the laws of the State of Minnesota comprised of the following members: Todd Holmes 3. That the above member is the only member of the Company. 4. That the Company is purchasing the -r * •1 situated in Collier Comity,Florida and more ' 0 Lot 21,Block G,Replat of •• 'ickory Shores Unit 3,a • . . according to the plat thereof recorded in Plat Book 6, • e , % of Col. ••arty,Florida. 5. That the member of the j [i . 1 ;• describe property v i. 7. That neither the memberCompany have been..t'". . . a .., proceeding during the existence of the Company. o That Affiant is fully auth• '.--• .„.0 ' Affidavit for ,,, • ofthe Company with full rmdestanding that Purchaser and ' ..,0;72 . ^'__ ,_. assigns,will rely upon same pursuant to 7r, Section 689.045 Florida Statutes,to 7 •, ,' '.r I , matters set forth herein. FURTHER AFFIANT SAYETH NOT. T ..t&..._.. I 1 Todd Holmes!' State of Lir J rt County i '14 i SWORN TO and subscribed before me this . day of August 2014,by Todd Holmers,sole member of Sandy LLC,a Minnesota limited liability company,who is 1y known to me or who has produced t j2rS l i,(j s fe ,as Identification. Signe ofNotary '; BEN SITES Printed Nana 1, e-t S tkeS ` j 1 1 ire t emsalt My Commission Expires ��-. 3 I Zp I e. `' ---. 1 1d/tam..E.+ee.Jaa.21.20ta . INSTR 5019833 oR 5068 PG 843 RECORDED 8/18/2014 8:58 AN PAGES 2 DIGHT E. BROCK. CLERK OF THE CIRCUIT CDURT, COLLIER COUNTY FLORIDA 0006.70 S77,55000.O00 50 REC S38.50 coos PL 2015000.24 29 REV 111111 I This Instrument Prepared Hy: Donald E. Ross, Jr. Ross Lanier 4 Deifife,HPL. 599 9th Street N. 9'300 Naples, Florida 34102 tusdIDNaoan 56001490000 Warranty Deed This Indenture, Melon* t3 tlts+ef August ,2014 AD.. Between 1 Margarita Medina, a married woman ot dr Cooly of , Emu ot Ith 02420 ,gta1tOr, aid Sandy Reach, LLC, a Minnesota limited liability company wbo,e adores,is 3925 Cherry Ave, Orono, Mi 55364 of the Coady of , Stec of Minnesota ,grantee. Wttneueth mueteORANroR.istoadio tiosofe,aesaf and iter pod aid *aomT idoodas to G A b GRANTEE.RA vabaNTEE.to scado wbaeof is waded,bowled aad odd Is the Yid GRANTEE and r e❑:. swarm sad adios Mau,the Wow*dumbed Lod.aBaoe, yIsadbdae n de Canoe Collier _CO d Florida lode Aliaccording to the pat t i .- 3 . t' . 3, subdivision, th 6, Page 2, in the Itt0alic Records of coils TOGETHER with all the - �"7••• T• .. .._ tom 111111411.1 • belonging or in anywise15,1i..,Iiiiril 1111 TO NAND AND TO BOLD, in r'. x. The Grantor hereby . with said ^•- -. ? Grantor is lawfully lle seised of said /and in f 'ate - t - ` '* good right and lawful authority to sell and •-,. 7 - 1 ; 7Tr-.. hereby fully warrants the title to said land and '.1` , r against the lawful claims 1 of all persons whomsoever; ta3 . is free of all encumbrances except restrictions and easements to the subdivision, outstanding oil, gas, and mineral interests of record, if any, and ad valorem real • estate taxes for the current year and subsegnent years. Whenever used herein the taros "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations). The property herein oon,ayed Does ROT constitute the MMIUTERD property of the Grantor. The Grantor's HONFATOD address is 15 Courtyard Place, Lexington, M4 02420. • • sad es swat dos baby idly mem the tier a sold Lod,odd veil deed lbs saw aphis hwhi Mos of al pawn who soevez 1..ro..airetiowtomat...us OMMa%Usama *** OR 5068 PG 844 *** • Warranty Deed-Page 2 tared ID Neat= 56001480000 In Witness Whereof,the gnaw box aroma rat ba bred eod tad yew an.boat webs. Steed,anted delivered L our4 .1 ••. 1.0 I ! A V0'0 ir• -. Witness *1 r8•7 —1 i Inn P C'riRl ion RO.944ees is' rd PLo4 L..MA e242e Signa • of 1P11 tames 62 Printed Name Aland ex Vei COMMONWEALTH, F Massachusetts COUNTY OF AltLESE4 ti The braeis baemeet a:.ama.ledged Wins nal dds /3 day of August ,2014 bi Margarita Madin4, a married yeoman .aoip:eomtlykameaaceremomrprod aedbkDriver's Li. . 17. 1,02" Gnrr►e tart' Public ‘544. • c".4"lo 411 • 1100 IR mmanning 771E CC ''orseeale0U4MKeorrt.ten • • 124974. erea.rbeeaawaer+wai.,pu rran+ssw fasArroa County PL 2015 0 012 4 2 9 REV 1 COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colllergov.net (239)252-2400 Pre-Application Meeting Notes Petition Type: BDE &V Date and Time: 1/22/2015 at 1:30 Assigned Planner: Fred Reischl Engineering Manager(for PPL's and FP's): Project Information Project Name: 267 3rd St W PL#: BDE-PL20150000037 Property ID tt: 56001480000 Current Zoning: RSF-4 Project Address: 267 3rd St W city: Bonita Wires state: FL zip: 34134 Applicant ADK Permitting Solutions LLC Agent Name: David Turley Phone: 273-9846 Agent/Firm Address: POB 111385 pty: Naples State: FL zip: 34108 11111 Property Owner. Sandy Beach LLC Please provide the following,if applicable: I. Total Acreage: 0.02 R. Proposed#of Residential Units: N/A iii. Proposed Commercial Square Footage: N/A iv. For Amendments,indicate the original petition number: N/A v. If there is an Ordinance or Resolution associated with this project,please indicate the type and number. vi. If the project is within a Plat, provide the name and AR#/PL#: Little Hickory Shores No. 3 (REPLAT) • iffk Co er County • COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Meeting Notes / iI L /)II LII _'� .��" <<.I�I/ ' 'I Al-ef�,/j '/ , f — 7#.(10151.' , of 1 .4 `_f__f'11/ . /111_�t/L. l a 4 „ ALI .'-4_4e / r /f 4A - i& • ROLL) P'zieturr REQc'/Ka • • • • Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colilergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: Boathouse y . Chapter 3 B.of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application(download current form from County website) 6 [ 3 Q Signed andSealed Survey ( 0 Chart of Site Waterway [V 0 Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank,seawall,or rip-rap revetment); • Configuration,location,and dimensions of existing and proposed 6 12r. 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 aeria I and side view. Affidavit of Authorization,signed and notarized 1 E/ 0 Completed Addressing Checklist 1 EV 0 Electronic copy of all required documents *Please advise:The Office of the Hearing Examiner requires ail materials 1 [p" 0 to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 6/3/2014 Page 6 of 7 • • Coiter County 4110 COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 • PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ Bayshore/Gateway Triangle Redevelopment: r/Environmental Review:See Pre-Application Executive Director Ott Meeting Sign-In Sheet [' Addressing:Annis Moxam N'frGraphics:Mariam Ocheitree ❑ ' City of Naples:Robin Singer,Planning Director Historical Review Ei Comprehensive Planning See Pre-Application ❑ Immokalee Water/Sewer District Meeting Sign-In Sheet 8 Conservancy of SWFL:Nichole Ryan H Parks and Recreation:Vicky Ahmad County Attorney's Office:Heidi Ashton-Clcko Transportation Pathways:Stacey Revay ❑ Emergency Management Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlock ❑ Engineering:Alison Bradford 0 Transportation Planning:John Podaerwinsky ❑ Other: ❑ Utilities Engineering:Kris Vanlengen FEE REQUIREMENTS: ❑ Boat Dock Extension Petition:$1,500.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner.$925.00 0 An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package.I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Signature of Petitioner or Agent Date • 6/3/2014 Page 7of7 Co County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliereov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: 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 cheddist is to be completed and submitted with the application packet Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW #OF COPIES REQUIRED NOT REQUIRED Completed Application(download current form from County website) Pre-Application Meeting Notes 1 Project Narrative Completed Addressing Checklist 1 E Conceptual Site Plan 24"x 36'and one 8 Y4'x 11'copy Survey of property showing the encroachment(measured In feet) • - 2 Affidavit of Authorization,signed and notarized 2 Deeds/I.egal's 3 Location map 1 ❑ Current aerial photographs(available from Property Appraiser)with • project boundary and,if vegetated,FLUCFCS Codes with legend 5 [ 0 included on aerial Historical Survey or waiver request 1 ❑. [] i` ,r r> Environmental Data Requirements or exemption justification 3 _ 0 'j Once the first set of review comments ore posted,provide the assigned planner the Property Owner Advisory Letter and Certification (N Electronic copy of all documents and plans ‘i *Please advise:The Office of the Hearing Examiner requires all 1 1 ❑ materials to be submitted electronically in PDF format. P- 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 r� Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-6358 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 Er'Addressing:Annis Moxam [[Graphics:Mariam Ocheltree ❑ City of Naples:Robin Singer,Planning Director 0 Historical Review ❑ Comprehensive Planning:See Pre-Application ❑ lmmokalee Water/Sewer District: Meeting Sign-in Sheet o Conservancy of SWFL•Nichole Ryan Parks and Recreation:Vicky Ahmad County Attorney's Office:Heidi Ashton-Clcko L Transportation Pathways:Stacey Revay ❑ Emergency Management Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlode ❑ Engineering Alison Bradford , 0 Transportation Planning:John Podczerwinsky 0 Other. 0 Utilities Engineering:Kris VanLengen . ...:...,... FEE REQUIREMENTS _......... O Pre-Application Meeting:$500.00 • ❑ Variance Petition: o Residential-$2,000.00 o Non-Residential-$5,000.00 o 5th and Subsequent Review-20%of original fee ❑ Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 O After The Fact Zoning/Land Use Petitions:2x the normal petition fee ❑ Listed Species Survey(If EIS Is not required):$1,000.00 All checks payable to:Board of County Commissioners The completed application,all required submittal materials,and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN:Business Center 2800 North Horseshoe Drive Naples,FL 34104 Applicant Signature Date Printed Name • 6/4/2014 Page 6 of 6 52gCntY COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coiliergov.net (239)252-2400 Pre-Application Meeting Sign-In Sheet P1.#:20150000037 Collier County Contact Information: Name Review Discipline Phone Email ❑ David Anthony Environmental Review 252-2497 davidanthony@colKergov.net g Summer Araque Environmental Review 252-6290 summerbrownaraque@colliergov.net ❑ Alison Bradford,P.E. Engineering Services 252-6820 alisonbradford c@ colliergovnet ❑ Madelin Bunster Architectural Review 252-8523 madelinbunster@colliergov.net ❑ Mark Burtchln ROW Permitting 252-5165 markburtchln@colliergov.net ❑ George Cascio Utility Billing 252-5543 georgecascio@coiliergov.net 0 Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heidiashton@col1Iergov.net ❑ Kay Deselem,AICP Zoning Services 252-2931 kaydeselem@colliergov.net 0 Paula Fleishman impact Fee Administration 252-2924 paulafleishman@colllergov.net ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michaelgIbbons@colliergov.net ❑ Nancy Gundlach,AICP,PLA Zoning Services 252-2484 nancygundiach@colliergov.net ❑ Shar Hingson East Naples Fire District 687-5650 shingson@ccfca.org • ❑ John Houldsworth Engineering.Services 252-5757 johnhouldsworth@colliergov.net ❑ Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergOv.net ' 0 Reed Jarvi,P.E. Transportation Planning 252-5849 reedjarvl@colliergov.net ❑ Stephen Lemberger Environmental Review 252-2915 stevelenberger@colliergov.net ❑ Paulo Martins Utilities 252-4285 paulomartins@colliergovnet _ ❑ Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto@coillergov_net ❑ Jack McKenna,P.E. Engineering Services 252-2911 jacionckenna@colliergov.net ❑ Matt McLean,P.E. Principal Project Manager 252-8279. matthewmdean@colllergov.net ❑ Gilbert Moncivaiz Utility impact Fees -252-4215 gilbertmondvalz@colliergov.net ❑ Michele Mosca,AICP Comprehensive Planning , 252-2466 micheiemosca@coliiergov.net ❑ Annls Moxam Addressing 252-5519 annismoxam@colllergov.net ❑ Mariam Ocheltree Graphics 252-2315 mariamocheitree@colliergov.net ❑ Brandy Otero Transit 252-5859 bran dyotero ,colliergov.net ❑ John Podczerwinsky Transportation Planning 252-5890 _johnpodczerwinsky@colliergov.net ❑ Brandi Pollard Utility impact fees 252-6237 brandipolard@coliiergov.net Fred Reischi,AICP Zoning Services , 252-4211 fredreischi@coiliergov.net ❑ Stacy Revay Transportation Pathways 252-5677 stacyrevay@colliergov.net ❑ Brett Rosenblum,P.E. Utility Plan Review 252-2905 brettrosenblum@colllergov.net ❑ Michael Sawyer Zoning Services 252-2926 michaelsawyer@colllergov.net S $ conty • COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coillergov.net (239)252-2400 ❑ Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net ❑ Chris Scott Planning and Zoning 252-2460 chrisscott@colliergov.net ❑ Daniel Smith,AICP Landscape Review 252-4312 danielsmith@cofiergov.net ❑ Scott Stone Assistant County Attorney 252-8400 scottstone@collergov.net Mark Strain Hearing Examiner/CCPC 2524446 markstrain@colfergov.net ❑ Carolina Valera Comprehensive Planning 252-8498 carotinavalera@co1iergov.net ❑ Kris VanLengen Utility Planning 252-5366 kri.svanlengen@colliergov.net ❑ ion Walsh Building Review 252-2962 Jonathanwalsh@colhergov.net ❑ David Weeks,AICP Future Land Use Consistency 252-2306 davidweeks@colliergov.net ❑ Kirsten Wilkie Planning and Zoning 252-5518 kirstenwilide@colliergov.net Additional Attendee Contact Information: Name Representing pp Phone q Email 7 1 - --► CV— r.—; . `"�'.r -.� .fid. 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',I , _ - ' , ,,,., ,-,,. , , . , .'t,1","*..r. ,. - t - ,, .,_ ...." .7 V -1 _..-- \ GI,n .... ...., ,..., ...._ ,...,,,,.• , r'",... , CC 1 ,.• c.. ,-.,.. ..,,,,v ... Ir. . . 1 _ ,S. •!4'.--"'s.i '1. '',.k\, :t \, 1 , — . 1 .---7,,,,,'..,...7.-.•°W. - .4 '',,... \ -.V ' — I , '''': :'.'A -• -- -'"?'.' '-.21',:: 7;1'''.- -..-- '' %.• :: -.•--; , :4,2,', 1-,C... - ::. ' , ., . 1?...-°:':' s;' r ' U •a __, ,,,-_„„ ,. ,..........„ --- --b- 4. ---- - , --5,,--. ..'4--- - 0 r '• • • -- 1 ,..; , ...... -,, ..‹, .. . . _ lo , = - • tt \ .:-.1 , 1, ., . .„ _, -, •. h'is,ater.er , .. iii.,4-1k- -4 4'14 ' ..•:-..4. .. . ,.-z ' . - • T:','.' . . \ ----.. ---- ..:(:-..•:,,..:T.... .- .------ \ \ \ • Variance Petition Project Narrative and Responses 267 3rd St.W. Lot21 1. The request for a variance is to reduce the present 7.5 foot side setback to 3.5 feet to achieve the installation of(2) proposed boat lifts/slips which is appropriate for a lot zoned RSF-4. The current structure is the remnants of a 5'x 22'marginal dock built approximately around 1977 and is no longer useable due to the condition and location. The proposed project is to construct a new 6'x30' marginal dock along the seawall with a 6'x 44'finger pier centered on and perpendicular to the marginal dock.The current property owner purchased the boat dock lot on the 13th of August, 2014 with the intent of building a dock facility to accommodate (2)vessels,similar to those on either side of his property. It was disclosed that his lot(#21)was not included in the original variance petition(V-99-26)and Resolution#(2000-51)adopted on the 8th of February, 2000 by the Board of Zoning Appeals of Collier County.The lots, 1 through 23,Block"G", Little Hickory Shores Unit 3 Replat,as recorded in Plat Book 6, Page 2,were considered and approved for Provisional Use"A", PETITION NO. PU-87-17C, RESOLUTION 87-260,for non-commercial boat launching facilities on October 27,1987. 2. The owner will obtain a ROW permit in order to provide access and to park up to(2) • personal vehicles on their property for loading and unloading their family members and personal belongings. 3. LDC section 9.04.00 Criteria: a) The subject property,(lot#21) along with the others located on 267 3`d St. W.,Block"'G" were adopted for Provisional Use "A"of the RSF--4 district because use of the small lot size which could not be used for a principal structure. b) The size of the subject property is 39.01 ft.wide.The proposed dock facility has an overall width of 31.58 ft.,which includes the (2)boat lifts. c) The current zoning side setbacks of 7.5 ft. would reduce the dock facility to a size of 23.58 ft.and not allow the mooring of the applicant's other vessel.The applicant has purchased a lot on the corner of 3'd St.and Vanderbilt Rd.with the intentions of building a home. Currently he would not have any storage at a reasonable price for his pleasure boats until completion of his residence. d) The granting of the variance from 7.5 ft.to 3.5ft.side setbacks will be sufficient for the project and meets the standards/consistency of the neighboring boat lot docks at 267 3'd St W. . e) Granting the variance on the subject property will be consistent with the other structures in the same zoning district as per Petition #V-99-26,Resolution#2000- 51 and the most recent,Petition#VA-PL-2011-2627, Resolution#12-168. LDC section 9.04.00 Criteria (continued) • f)The granting of the variance will be in harmony and will not be injurious to the neighborhood. g) The location and size of the property on Little Hickory Bay are the only physically induced conditions. h) The variance will be consistent with Growth Management Plan for the RSF-4 zoned district. • VA-PL20150002429 Sandy Beach LLC 267 3rd St.W. Lot 21 Little Hickory Shores Unit 3 Replat • S • A,..5,,.. r: i ? \. hIv gt ;1 \L,,,__,„, _..,..Ye. .5:w ..-r c. I J N � . Om;...,\.- \?4Y -0 .c....i ,... ._e.o .., , .„.._ • + ,4, 4;00. 0 cc ,.... 0... vip. . .. : ; Nod 114i di �- ,,;A {f : ., e a CO - 411:00k0.- ''' ......"°' 51 .� + i. 9 ".°' ..,0 ;...... , CD (II W ..../ . 7 os liz.i M o I 0 0 • k •Fidj15441 t fr2 41- --z—cs • tJ • II% 8 • % . . ! . 1 i t , . ; ; . i 0: i...illiVili§i. • . II i 1, I k . 11 . ."11wiii 14 I :ill , ki .-,,...." t. 3 n J i % Ct. �, ? < -a. o. >. `6 'O o to 3 . i • ] J i e 9 'U ? W 2 u e I,_— a g gmil \(/) .. 1 I q g 6ea 3 ij. 1 atm, I • A, irb ti kg i IL , - -\,' N 1A N , ,*I 1 1 k tr.1 ,..4-b-:IP . \ ii .,,,, .b ' ' 1. `ice V ii i \\-- ----7. 4 1 4 vi 9 E ' mo �� 7•t • I 1 0 7•••••••... ....... •=•••••••••••• • ' agobillt } Office of the Minnesota Secretary of State Certificate of Good Standing I , I, Steve Simon,Secretary of State of.Minnesota,do certify that: The business entity I listed below was filed pursuant to the Minnesota Chapter listed below with the Office of the Secretary of State on the date listed below and that this business entity is registered to do business and is in good standing at the time this certificate is issued. • Name: SANDY BEACH,LLC Date Filed: 01/31/2012 File Number: 468078000022 Minnesota Statutes,Chapter: 322B Home Jurisdiction: Minnesota • This certificate has been issued on: 01/1912016 .:o .T s1,r r ♦,*. %'r• •,er•••••!: . f',rry •cl 4,0 f Steve Simon ,t•, lot , w Secretary of State ° • -• -• .�, 4�� s; '• State of Minnesota 1 . R i s r � .w..swr �tw.' 1 i. RESOLUTION 117- 260t ....... OCT 2 7 1987 i 1- RELATING TO PETITION NO. PU-87-17C FOR PROVISIONAL USE OF PROPERTY HEREINAFTER . DESCRIBED IR COLLIER COUNTY, FLORIDA. • WHEREAS, the Legislature of the State of Florida in Chapter b 67-1246, Lave of Florida., and Chapter 125, Florida Statutes, hae .: conferred on Collier Couuty the power to establish, coordinate and enforce toning and such business regulations as On necessary for 1. thi protection of the public; end ' ' fWHEREAS, The County pursuant thereto has adopted a Comprehensive ' ` WHEREAS,.e. Zoning Ordinance astabliebing regulations for the zoning of particular 1 ' � geographic divisions of the County, among which is 'the granting of .`1y provisional nese; end WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the arse hereby affected: . has held a public haaaing after notice as in said regulation, sada end ' provided, and has considered the advisability of Provisional Use "a" in C a ASF-4 zone for the property hereinafter described, end has found es a i matter of fact (Exhibit "A") than satisfactory provision and s: ;T arrangement has been made concerning all applicable matters required by said regulations and in accordance with Section 13 - Id of the Zoning ' Regulations for the Collie- County Planning Commission; and • r., � WHEREAS, all interested partite have been given opportunity to be heard by this Board in public meeting assembled and the Board having ;- considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of C. Collier County, Florida that the petition of Cosesnnity Development _ • Division, representing the Board xf County Commissioners, with respect to • ''.1 the property hereinafter described as: . 7 y Lots 1 through 23, Block "C", Little Hickory Shores, Unit #3, as recorded in Plat Book 6, Page 2, Official I "1iRecords of Collier County . � x; f : NOE 1O M 27 �;:took 109 Fact 28 0 CT 2 71987 I ,,i;r, he and the saes ie hereby appronsd for Provisional Use "a" of the RSI-4 4 , coning district tot Non-Cos ercisl Boat Leunchiug Facilities, subject to the following conditions: 4 =Y' a. At ties of obtaining a dock permit, a right-of-vay permit , t I shall be obtained and the owner shall provide access improvements to prevent damage to the roadway and roadway • , drainage improvements. •i 1 7 i. b. All boat docks erected on the subject lots must comply with Section 8.46 of the Zoning Ordinance (82-1). iF'. • �a • '�'' BE IT FURTHER RESOLVED that this resolution be recorded is the minutes of this Board. o. . Commissioner Pistor offered the foregoing resolution 1 and moved its adoption, seconded by Commissioner f:eexlnight . and upon roll call, the vote use: , ATZSI Commissioners Pistor, Goodnight, Glass, Saunders and Haase Hlyge None 7 y ABSII T AND ROT VOTING& None 4C z• ABSTORION: None SE IlL Dose this 27th day of October , 1987. BOARD OP ZONING APPEALS ! COLLIER COUNTY, FLORIDA r .., / ; Air 1. BT t ��.- /%,..--/-.- . •Si, ., «n'i-rrr it 4, ATTEST; is JANES' GILES, CLUE • ` rq i gri, aty Clerk APPROVED AS TO FORM AND LEGAL F'JTPICIENCYt ,� R.ICYL'AXIikifig01 `- '+' ASSISTANT COUNTY ATTORREY H: : r• Y • FD-87-17C Resolution 3 OCT 271987 f: ECHIBIT A a ti FINDING 07 TACT to COLLIER COUNTY PLANNING COMMISSION FOR A PROVISIONAL USE PEIITION FOR � ti PU-87-17C - She following facts are found: ky 1. Section 7. 11b.3)(a) of the Zoning Ordinance authorised the ; provisional nes. 2. Granting the provisional use rill not adversely affect the public interest end will not adversely affect other property or uses in I the same district or neighborhood because of: A. General compliance with the Comprehensive Plan: Complies with Comprehensive Plan Tee )G. No ' B. Ingress end egress to property end proposed structures thereon with particular reference to automotive and pedestrian safety snd convenience, traffic flow and control, end access in case of fire or catastrophe: Adaquat ingress i egress • Yea Na C. Affects neighboring properties in relation to noisy, glare, eeononic or odor effects: k No effect or Affect mitigated by Affect cannot be mitigated D. General compatibility with adjacent properties and other property in the district: Compatible`usp within district Yes )C No 1 lased on the above findings, this provisional use iv,;, 14, with stipulations, (copy attached) (should-moa-be.bs ten.,•, r •ed f• , •• a1 Lso./DATE: I 67#7 Mai. 9 :e, tilmisa or PACT TORY c. ;y R1 14 . soot 109Pi 29 r '' t•, . . ; '4.;‘,i. go/ 1.24 . • . • -• .... .. 1 . t ; , �; .4: :1 . ' . OCTOBER 27,.'1987 �: •iv- i , ,tom..+7E1 `y.:i r ri, ' 111SCIASTION 67-240, PETIT/0V RD-17-17C, COIU(UNITI DEVELOPRRT DIVISION • UQQNSTINO'PROVXSIO*AL USE "A" OF THE RfF-4 DISTRICT FOR f.'' NOW-COlO(ZRCIAL BOAT LMfltCRXXO FACILITIES - ADOPTED • I Planner Weeks stated the property is located approximately 1/4 ,:;,' mile south of Bonita Beach Road, and 3/4 mile west of Vanderbilt Drive ,,.::y<i ` .,. in the Little; Hickory Shores Subdivision. He stated that the Board " directed staff to initiate a Provisional Use for this property beca- t''4:' use of the small lot site which cannot be used for a principal struc- 't ture. He said it appears that these lots were intended for boat '-' T• ;;''-dock lots, however, that is not indicated on the-plat. Y siit ' `h ' Hr. weeks stated the ri'PC has reviewed this petition and forwarded ' ., i:. it with a•'recomnendation of approval. He said correspondence on this Was received, with six letters in favor and one in opposition. ,' '•:•-....-4. 1:, • petition as ppo He noted the letter of opposition was due to misinformation and after .-/ '' clarification by Staff, the objection was verbally withdrawn. He said �� •,,�.`. . t :{. '.k ?$ 'N •'t_ ,,.Staff fatoaaitends approval. . ' f. t • • ...i1'+'iii!. .ssM''.. In:tesponse • to Chairman Hasse, Planning/Zoning Director HcKisi ,', i,-`? '''%0 I.' .' s�;: stated .the docks are for private use only, however, renting of 'boat.-1,;.:::'. . ` t:° ' docks is a problem throughout the County. She explained that Staff 1 only becomes aware of this type of violation if there is a complaint. . . • 1 , 4 _ 1 ! f_'..' commissioner Visitor moved, seconded by commissioner Goodnight and . ; 1 „ ' carried unanimously, that Resolution a7-240, Petition PU-417-17C, ' z. for non-commercial boat launching facilities for property located Iv. ' '° . approximately 1/4 mile south of Bonita Beach Road and 3/4 mile vest of • � ; i 2 Vanderbilt Drive, be adopted. _ r ' j :ty:' ' . • j 4' s ;�., i r ii, •• •'''!il*r.•• t'-' :s• . : 6- 1 . - : .p., i.4.2441: ..rji. ' , :,a_ri, .. : • • '.RJy :i CE+'�• • .: • N : A; j i.7j•i -I:} ,', 5. i • 'ijt_ :•%: c:rs• i- I: ;> >'.• c:' ti .• a ':`i i.lr • 13 Al RESOLUTION NO.2000-51 RELATING TO PETITION NUMBER V-99-26 FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY,FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public;and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102)which establishes regulations for the zoning of particular geographic divisions of the County,among which is the granting of variances;and WHEREAS,the Board of Zoning Appeals,being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided,and has considered the advisabilityof a 7.5- from foot variance the required side yard setback of 7.5 feet to -0- feet as shown on the attached plot plan, Exhibit "A", in an RSF-4 • Zone for the property hereinafter described,and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land • Development Code for the unincorporated area of Collier County;and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled,and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida,that: The Petition V-99-26 filed by James M. Boswell, II, representing property owners of blocks "G" & "H" Little Hickory Shores Unit 3, with respect to the property hereinafter described as: Exhibit"B" be and the same hereby is approved for a 7.5-foot variance from the required side yard setback of 7,5 feet to—0-feet as shown on the attached plot plan,Exhibit "A", of the RSF-4 Zoning District wherein said property is located,subject to the following conditions: Exhibit"C" BE IT RESOLVED that this Resolution relating to Petition Number V-99-26 be recorded in the minutes of this Board. • -1- I • 13 Al This Resolution adopted after motion, second and majority vote. Done this day of '4-93brkazti ,2000. ATTEST:.....• BOARD OF ZONING APPEALS DWIGHT EBROCK,Clerk COLLIER OUNTY,FLORIDA • Tina . •: ;tantine CHAIRMAN • Atgtest Li to.Ch.[Pwt's r p�c t drm and Legal Sufficiency: Mardi M Scuderi Assistant County Attorney g/.dmin/RESOLD ION/V-99-26WCBlu • • • • -2- , • 1. 3 Al .. ,. ,.. . , .. • ,, „ ... , .... \ . , . , � \ `' . a ?3 ,;‘"x.witi ` ''QM'i...::.�.,�'`'1' • 27 ..,,y;••• J •.O m ••. tit I;• 4 .1 ! a21 I . ='.ma '+, • R • 6 O. I , 0 y .t 4\ L.% k 1 t i. is, /6' C VI %r ' • ‘ . 1 c t 1114 \ 1\ y IS Ther /i \ n of be Bi 49 rd. . 446 TA. li `r. �+ •41\0 N.' tit II i Ith, I 0 • • id . * - ...70 150 -Ilkeili 4! ,.. *meal' % 14 •__ .. .. .* - o .14 • \r. , • L • ` c Z. 14. "C) \ 4 �j': , -• /OWNN en !x_.93'W ++T6 9: ' e, ''.%(r)--4.,L M� \ i- r:a//eo'seri .''e ✓r//CA P ' '40.�' •• -6021,12.- -. G \ , , � y-2.1. � 1 of/Arid - !. �t. t 1, •: /17/#714 1 - 1 - 74.. IY i N r j j 7 :v %I ✓r:. Grx 71R ° /` _ dk - ••s :e ,:w. 4101.! 'V'•1'.??•et '�, 1 PQM ..- ..•::� . . WI CN , +t/.tuna//r art•+cvier/fame; Z. r-•, Li 1 L¢. k '+; a iiden/owe:Acre/art, 4../ti///e $•I I. ,- - 2- til 04'f/Or,/a', �o i»r- .44 D ` i.i co �' o' • CO 4i ..?'yower dee.'a alfeel S •iee are/One!freed Jl EXHIBIT "A" �o ,� WM , , /4e5/ '//red 1rie.e•.a .P. . , `' eV ` _^i_tiLe.d • 13 . AI • LEGAL DESCRIPTION Lots 3, 4, 5, 6, 7, 8, 9 , 10, Block "H" and Lots 4, 5, 9, 10, 11, 12, 14, 17, 18, 19, 20, Block "G" Lithe Hickory Shores Unit 3, replat, as recorded in Plat Book 6, page 2 of Official Records of Collier County, Florida. EXHIBIT"B" • 13 Al CONDITIONS Of APPROVAL • V-99-26 This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission in their public hearing on January 6,2000. 1. These docks are private in nature and shall not be used for rental purposes. 2. 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LLC Orono, MN 55391 PO Box 111385 Naples, FL 34108 REQUESTED ACTION: The petitioner requests a 30-foot boat dock extension from the maximum permitted protrusion of 20 feet, to allow construction of a boat docking facility with two boat lifts protruding a total of 50 feet into a waterway that is 440 feet wide. GEOGRAPHIC LOCATION: The subject site is located at 267 3rd Street West in Bonita Springs and is further described as Lot 21. Block G, Replat of Little Hickory Shores Unit 3. located in Section 5, Township 48 South, Range 25 East (please see Location Map on the following page). PURPOSE/DESCRIPTION OF PROJECT: The subject property is a 0.02 acre parcel zoned RSF-4, commonly referred to as a "boat dock lot". The parcel is too small to accommodate the minimum square-foot house and setbacks required in the RSF-4 district and this was acknowledged by the Board of Zoning Appeals when they approved a Provisional Use permitting docks without a principal use on several lot, including the subject lot(Resolution 87-260,attached). The applicant wishes to construct a boat dock with boat lifts for 2 vessels, protruding a maximum of 50 feet into the waterway. BD-PL20I50000037-Sandy Beach.LLC Page I of 7 Revised 6-28-2016 IT Jiro Jo r* & alai i h- o fir ..--,... Z n io *_,offit.,-. 4, le tilicri-1116 ___4( n _ i - i1.1 III o _ n 0 13 Z + aE Ir Rm Ry _ ' On rtr sty . .• •K � �� -tom --L „A ..., . T.„, , ... . . , _ ,1 ■ W Fir ill I r %o LW 11/ ati II Cil AI1 ¢a PI rn J /11 1$iii , .5i ,, , 1 t., I; 4 71 if -7.- ii i 1 1 114 R Z �? �� TPU11 rr is .< AweRORrauwm WOAD P1 t�--��I co 0 7 rq?1p swt r oc \ I ■ ga e ii; V / -i N 5 mm u F L D1 :4 c LJ Z $ b N If IJ 4 g� m 0 I g s g i g a 1_ Z I �+ '� a 3 E © 02 Z 71 l g 2 m cl I g�o � 1 0 1 t iik,a a _ aa C 1 i t 45g■ - C Y `'---- ■a a '� n — weir-`sv.. ,., _. __L _. - • , . -giiiii 5 4 5-2'. M F; 330-'1 x _Ia . 9a : I. g :> t 3 _ • Pa p a" �71 0-'1 " s _ a g. -- t . s '�.. _c ....1 Tat -..�Z �- 11E5T AVEr4L SURROUNDING LAND USE& ZONING: SUBJECT PARCEL: A boat dock lot with an existing marginal dock; zoned RSF-4 SURROUNDING: North: A branch of Little Hickory Bay, across which is a preserve for the Little Hickory Bay Condominium;zoned Little Hickory Bay PUD East: Docks on a boat dock lot; zoned RSF-4 South: 3"d Street West ROW, across which is a single family house;zoned RSF-4 West: Docks on a boat dock lot: zoned RSF-4 4 Subject .`\--- Site 4 , \''411111k ` Subject1(1111 j SiteiSV ,r 4\ x A ,.t 411A� �' '7 it � s C1'�.{� t .,,, . , ,, r \eriak of subject property(CCPR) 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 two boat slips and is therefore not subject to the provisions of this section. STAFF COMMENTS: The applicant has submitted a copy of the Florida Department of Environmental Protection permit which is available for inspection upon request. In accordance with LDC Section 5.03.06.H, the Collier County Hearing Examiner (HEX) shall approve, approve with conditions, or deny, a dock facility extension request based on certain criteria. In order for the HEX to approve this request, he must find that at least four of the five primary criteria and four of the six secondary criteria have been met. Staff has reviewed this petition in accordance with Section 5.03.06 and recommends the following findings to the HEX: BD-PL20I 50000037—Sandy Beach,LLC Page 3 of 7 Revised 6-28-2016 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 two boat slips, which is consistent with the other boat dock lots in the area. 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 is too shallow to accommodate the draft of a 28-foot vessel(1.8 feet). 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 due to the width of the existing waterway. The applicant notes that the facility has been designed similar to neighboring docks, so that it does not impede navigation. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion met. Information provided in the application indicates that the proposed dock will protrude a total of 50 feet (11.4 percent of the 440-foot waterway) leaving more than 50 percent of the waterway unobstructed. This is consistent with other docks in the area and leaves more than 50 percent of the waterway unobstructed for navigation. 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 graphics submitted by the petitioner, the proposed facility will permit perpendicular docking and will not interfere with adjacent neighboring docks or access. BD-PL20150000037—Sandy Beach,LLC Page 4 of 7 Revised 6-28-2016 Secondary Criteria 1. Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth,or seagrass beds.) Criterion not met. The subject shoreline consists of a seawall and scattered rip-rap, but these factors have little or no impact on the proposed protrusion. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance,without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Criterion met. There is no excessive deck 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 not met. The Applicant proposes that a 22-foot boat and a 28-foot boot be moored at the dock (a total of 50 feet). Because this is a boat dock lot with a 39-foot width, this criterion cannot be met. 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. There are no residences on the subject or neighboring parcels.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(1) of the LDC must be demonstrated.) Criterion met. According to the information submitted by the petitioner's consultant (Turrell, Hall & Associates), no seagrass beds were found within 200 feet of the proposed dock facility. Therefore,there will be no impact to 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 proposed dock contains two slips and is not subject to the provisions of the Manatee Protection Plan. BD-PL20150000037—Sandy Beach,LLC Page 5 of 7 Revised 6-28-2016 Staff analysis indicates that this request meets all of the five primary criteria. Regarding the six secondary criteria, criterion 6 is not applicable, and the request meets three of the remaining five secondary criteria. APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS: As to any boat dock extension petition upon which the HEX takes action,an aggrieved petitioner,or adversely affected property owner, may appeal such final action to the Board of County Commissioners. Such appeal shall be filed with the Growth Management Department Administrator within 30 days of the Decision by the HEX. In the event that the petition has been approved by the HEX, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. COUNTY ATTORNEY OFFICE REVIEW The County Attorney's office reviewed this Staff Report on June 28,2016. STAFF RECOMMENDATION: Based on the above findings, Staff recommends that the Hearing Examiner approve Petition BD- PL20150000037 with the following condition: 1. Prior to or concurrent with obtaining a building permit for the dock,the owner shall obtain a Right-of-Way permit for access improvements to prevent damage to the roadway and drainage system. Attachments: 1. Resolution 87-260 2. Application&Support Documents • BD-PL20150000037—Sandy Beach,LLC Page 6 of 7 Revised 6-28-2016 PREPARED BY: FREFSCHL,AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: • 6oil RAYMO?ff 1 . BELLOWS,ZONING MANAGER DATE ZONIN r(VISION APPROVED BY: ,'"�/ •�"" tri ` ci- Et MIKE BOSI,AICP, DIRECTOR DATE ZONING DIVISION BD-PL20150000037—Sandy Beach.LLC Page 7 of 7 Revised 6-28-2016 r - - el, county 411 COLLIER COUNTY GOVERNMENTNAGEMENTQWIS 2800 NORTH HORSESHOE DRIVE GROWTH MAION NAPLES,FLORIDA 34104 www.colliergov.net (239)252:2400 FAX:(239)252-6358 DOCK FACIUTYEXTENSION•ORSOATHOUSE ESTABLISHMENT PETITION.. LDC ction 5.03 06 • °Ch.3B 9f the Administrative Code PETITION is FOR(rfieclkone) 'DdoKEir€NSION. 0 BOATHOusE PROJECT NUMBER. PL 2015101.0 0 37 REV 1 PROJECT NAME To be cornpleted by staff DATE PROCESSED IA 1 PPLICANT il�F1;3RNiAi7t�111::� Apples): Sandy Beach LLC • Address: 3925 Cheny Avenue city: Orono State: MN ZIP: .55364 Telephone: n/a . . Cell: (612)991-9777 Fax: n/a ioE-Mail Address:. toddholmers@gmail.com . Name of Agent: David Turley Firm ADK Permitting,Solutions LLC _ Address: P.O.Box 111385 City: Naples State: Florida ZIP: 34108 Telephone: n/a Cell: (239)273-9846 Fax: n/a E-Mail Address: d.turley070pmail.com • PROPERTY-LOCATI Section/Township/Range: 05 . 148 S,/ 25 E Property I.D.Number: 56001480000 Subdivision: Little Hickory Shores Unit 3 Reolat Unit. Lot: 21 Block Address/General Location of Subject Property: 267 3rd St.W.Lot 21 / Little Hickory Shores. Bonita Sarincs Current Zoning and Land use of Subject Property: RSF-4/Boat Dock Lot . BE AWARE THAT COWER COUNTY HAS LOBBYIST REGULATIONS.GUIDE YOURSELF S . ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 6/3/2014 Page 2 of 7 Co . tr County COLDER COUNTY GOVERNMENT 2300 NORTH HORSESHOE DRIVE . GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coliiergov.net (239)252-2400 FAX:(239)252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use Waterway/PUD Little Hickory Bay S RSF-4/BD-98-32 Res:*98-46 3rd St.W/ROW/Single Family Residence E RSF-4/BD-04-AR-5699 Res:#04-07 Boat Dock Lot W RSF-4/BD-02-AR-2564 Res:#02-05 Boat Dock Lot DESCRIPTION OF PROJECT Narrative description of project(indicate extent of work,new dock,replacement,addition to existing facility,any other pertinent information): Remove existing dock structure and request a 30-foot extension beyond the maximum allowed 20 ft and construct a 6'x 30'marginal dock with a 6'x 44'finger pier centered and perpendicular to install a boat lift on each side of the proposed finger pier to accommodate 2 vessels. SITE INFORMATION 1. Waterway Width: • 440+1- ft. Measurement from❑plat J survey 0 visual estimate 0 other(specify) 2. Total Property Water Frontage: 39,01 ft. 3. Setbacks: Provided: 3.5 ft. Required: 7.5 ft. 4. Total Protrusion of Proposed Facility into Water: 50 ft. 5. Number and Length of Vessels to use Facility: 1. 28 ft. 2. 22 ft. 3. ft. a. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: Docks located on 267 3rd St W; Lot18-58', Lot 19-60', Lot 20-51',and Lot 22-47'. All of the fore mentioned docks have moorincaacilities for(21 vessels as allowed by the LDC and zoning.. 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? 0.02 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 0 N if yes,please provide copies. 6/3/2014 Page 3 of 7 wilitia".~0•—"was,Ca el' Cann*? COWER CoUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coillergownet (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 trafficin the channel.) 4. Whether or not the proposed dock facility protrudes no more than 2S percent of the width of the waterway, and whether or not a minimum of SO 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 fadlity 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 BDE-P120150000037 Sandy Beach LLC Boat Dock Extension Primary Criteria and Response 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 case of unbridged barrier island docks,additional slips may be appropriate.) The proposed project is to construct a new private single family dock to facilitate the mooring of two recreational motor vessels,each with a boat lift on either side of the finger pier. This project is contingent upon a variance to reduce side backs to 3.5 ft. from the current 7.5 ft. on the 38.58 ft. waterfrontage. (Please refer to the attached drawings) The location was approved for non-commercial boat launch facilities, Provisional Use "a" of the R5F-4 zoning district,PETITION NO.PU-87-17C, RESOLUTION 87-260 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 to shallow to allow launch and mooring of the vessel (s) described without an extension) The water depth at this location is too shallow within the allowable 20 feet for a 28 foot, twin outboard motor vessel with a draft of 1'10".1Please refer to the attached drawings) 3. Whether or not the proposed dock facility may have 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.) The dock facility will not adversely impact navigation due to the width of the existing waterway of 440 +1- ft. and 110+/-ft. of navigable waterway beyond the end of the dock that does not have marked or charted navigable channel and has ample water depth> 6+ feet at Mean Low Water.The dock facility is consistent in design with the neighboring dock facilities in that they all have two (2) mooring slips/ boat lifts. The structure should not impede navigation in any direction. (Please refer to the attached drawings) Page 1 of 2 • BDE-PL20150000037 • Primary Responses: (continued) 4. Whether or not the proposed dock facility protrudes no more than 25% of the width of the waterway, and whether or not a minimum of 50% of the waterway width between dock facilities on either side of the waterway is maintained of navigability. (The facility should maintain the required percentages.) The proposed dock protrudes a total of 50-feet or 11.4(percent)from the seawall into the waterway that is 440 +1-feet in width, or 1.00+/- navigable waterway from the end of the dock as noted on the drawings. 5. Whether or not the proposed location and design of the dock fadlity 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.) The proposed location and design of the dock is consistent with all of the docking facilities in the area of Block"G"and"H"of Little Hickory Shores Unit#3 Replat. The proposed dock will not interfere with the use of the neighboring docks. • Page 2 of 2 County COLLIER COUNTY GOVERNMENT MO NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,PISHIRM 34104 • www.colliergov.net COO 25D-241004A1b123(/)251608 SECONDARY CRITERLA1. Whether or flat there are sped*cOnditions, not involving water depth, related to the subject property or waterway, Which ilistifY the PraPOsed 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 fadlity 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 facky should not useexcessive 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 SO 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 poverty 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 LOC subsection 5.03.061 must be:demonstrated.) 6. Whether or not the proposed dock facility is Subject to the manatee protection requirements of LOC subsection $43.06 E.11. IN applicable, compliance with Subsection 5.03.06.E.11 must be demonstrated.) 6/3/2014 Page 5 of 7 • • 11111 BDE-PL20150000037 Secondary Criteria and Response 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 spedal condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth,or seagrass beds.) The shoreline consisted of a concrete seawall and scattered rip-rap as described in. the submerged resource survey. • 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.) The design of this dock is for the mooring of two recreational vessels which would allow safe access for a young family to load and unload safely and to maintain either vessel without incidence. 3. For single-family dock facilities, whether or not the length of the vessel or vessels in combination, described by the petitioner exceeds 50% of the subject property's linear waterfront footage.The applicable maximum percentage should be maintained. This criteria cannot be met due to the minimal size of the lot(38.58 ft.) Page 1 of 2 • I ' S BDE-PL20150000037 Secondary Responses: (continued) 4. Whether or not the proposed facility would have a major impact on the waterfront view of the neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) There are not any residences either side for their view to be impacted.These lots are for boat dock facilities only and cannot have any structures build on the uplands,thus there would not .have an impact of their view: 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (if seagrass beds are present, compliance with LOC subsection 5.03.06 I of this code must be • demonstrated.) No seagrass beds were noted within the immediate area. (please refer to the Submerged Resource Survey provided by Turrell,Hall and Associates. 6. Whether or not the proposed dock facility is subject to the manatee protection requirements LDC subsection 5.03.06 E.11. (if applicable, compliance with the subsection 5.03.06.E.11 must be demonstrated.) This is a single family dock facility with two vessel mooring areas with lifts.and is not subiect to the requirements of the Manatee Protection Plan as stated in the above referenced code. Page 2 of 2 • . COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FONDA 34104 www.colliergov.net (239)252.2400 FAX:(239).252-6358 Pre- catlop Me and Anal SubMittaf Requirement Checklist for; APPS . YDock Extension D-Boathouse Y Chapter 3.8.;ofthe A ministrative 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. itOPNOT REQUIREMENTS FOR REVIEW REQUIRED, . ... COPIES REQUIRED Completed Application(download current form from County u el site} 6 . ❑ l Signed and Sealed Survey (J ❑ ❑ Chart of Site Waterway 11 ❑ ET Site Plan illustrationwith the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank,seawall,or rip-rap revetment); • • Configuration,location,and dimensions of existing and:proposed 6 0 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 10 0 Completed Addressing Cb list 1._ 0 El Electronic copy of all required documents `Please advise:The Office of the Hearing Examiner requires all materials 1 0 0 to be submitted electronically in PDF format. ADDRIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shalt 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 f of 7 viiiAtSamo..0 milowiint:Y. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 III www.coillergov.net (239)25Z-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE mynas NEEDS TO BE ROUTED.TO THE FOLLOWING REVIEWERS: ri Bayshore/Gateway Triangle Redevelopment F71 Environmental Review:See Pre-Application 1---' Executive Director gl--' Meeting Sign-In Sheet Addressing;Annis Moxam RI Graphics:Mariam Ocheitree 0 Qty of NapieS:ROI*Wok,Planning Director 0 HIstodcal Review ' 0 C°mPrehensive Planning:W See Pr"PPlication 0 immokalee Water/Sewer Disdict Nieeting Sig,n-In Sheet O Conservancy of SWFL:Whole Ryan D . Parks and Reastatlorg Vicky Ahmed gj County Attorney's Office:Heidi Ashton-Cicko 0- Transportation Pathways:Stacey Revay 17 Emergency Management Dan Summers;and/or School District(Residential Components);Arny 1-1 EM&Artie Bay "1 Neardock • 0 Engineering;Alison Bradford 0 Transport:430On Planning:John PodczerwInsky O Other: 0 Utilities Engineering:Kris Vantengen FEE REQUIREMENT& O Boat Dock Extension Petition:$1,500.00 O Estimated Legal Advertising fee for the Office of the Hearing Examiner$925.00 O An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date.. 1111 As the authorized agent/applicant for this petition,.L attest that ail of the information indicated on this checklist is included In this submittal package.I understand,that failure to include all necessary submittal informationit in the delay of processing this petition. *----\------ .. marrew, cs Signature of Petitioner or Date III 613/2014 Page.7 of 7 PL 2015000003 ? REV 1 • AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) C- L.P-C)/S-6000637 --V I, b e-- (print name),as 'LLw:S'sb (:)PTN 2-_ (title, if applicable)of Sa..—d y p d L L� (company, If a licable), swear or affirm under oath,that I am the(chdose one)owners applicant contract purchasernand that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved Action. 5. We/I authorize a./ 4.17-iito act as our/my representative in any matters regarding this petition inclualing 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp.pies. or v.pies. • If the applicant is a Limited Liability Company(LLC.) or Limited Company(LC.), then the documents should typically be signed by the Company's'Managing Member.' • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. .... ..: . • If the applicant is a limited partnership, then the general partner must sign and be identified as the `general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the won:is'as trustee'. • • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to(or affirmed)and subscribed before me on 41 ,6 LC (date)by (+d•1 a /" 4—J' (name of person providing oath r affirnation), as who is personally known to me or who has produced - (J• L• (type of identification)as identification. STAMP/SEAL Signature of Notary Public VIRAL PATEL S •': MY COMMISSION#EE080654 a EXPIRES July 22,2015 (407)398.0153 FbrldeNaarys•rvks.eom CP108-COA-00115\155 REV 3x24114 Col,� PL20150000037 REV 1 lier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Pre-Application Meeting Notes Petition Type: BDE & V Date and rime: 1/22/2015 at 1:30 Assigned Planner: Fred Reischl Engineering Manager(for PPL's and FP's): Project Information Project Name: 267 3rd St W P1#: BDE-PL20150000037 Property ID#: 56001480000Current Zoning: RSF-4 Project Address: 267 3rd St W City: BmitaSpnngs State: FL Zip: 34134 • Applicant: ADK Permitting Solutions LLC Agent Name: David Turley Phone: 273-9846 POB 111385 Naples FL 34108 Agent/Firm Address: City: P State: Zip: Property Owner: Sandy Beach LLC Please provide the following,if applicable: i. Total Acreage: 0.02 ii. Proposed#of Residential Units: N/A iii. Proposed Commercial Square Footage: N/A iv. For Amendments,indicate the original petition number: N/A v. If there is an Ordinance or Resolution associated with this project,please indicate the type and number: vi. If the project is within a Plat,provide the name and AR#/PL#: Little Hickory Shores No. 3 (REPLAT) • $gCnty • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliereov.net (239)252-2400 Meeting Notes /tJAY 1.41/II _'4EA �" JP,L JIGJ .A4.2.104.:44' , I/J, �I • , / , / • - 'rT - "'AIM , i//�►' ;/ / Ij r ' r ►/Mot • rn O te",AI/' lY�- .��'L.[X�'C-. # �i'�(/1e _ Rcu) /' ,tr RE(4)cJ/Re • • 1 • 9&9ty 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: Boathouse . Chapter 3 B.of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below,with cover sheets attached to each section. Incomplete submittals will not be accepted. NOT REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application(download current form from County website) 6 [• 0 Signed andSealed Survey [r] [' ❑ Chart of Site Waterway [] 0 Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank,seawall,or rip-rap revetment); • Configuration,location,and dimensions of existing and proposed 6 [ ❑ facility; • • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property;and • Illustration of dock facility from both an aerial and side view. Affidavit of Authorization,signed and notarized 1 ❑ Completed Addressing Checklist 1 f' ❑ Electronic copy of all required documents *Please advise:The Office of the Hearing Examiner requires all materials 1 l3 0 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. S 6/3/2014 Page 6 of 7 9ntY . III COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWN 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 12` Addressing:Annis Moxam Graphics:Mariam Ocheltree _❑ City of Naples:Robin Singer,Planning Director ❑ Historical Review ❑ Comprehensive Planning:See Pre Application 0 Immokalee Water/Sewer District: Meeting Sign-In Sheet 1 Conservancy of SWFL:Nichole Ryanpe ❑ Parks and Recreation:Vicky Ahmad County Attorney's Office:Heidi Ashton Gcko ❑ Transportation Pathways:Stacey Revay ❑ Emergency Management Dan Summers;and/or 1---1 School District(Residential Components):Amy EMS:Artie Bay Heartlock ❑ Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky ❑ Other: ❑ Utilities Engineering:Kris Vanlengen FEE REQUIREMENTS: ❑ Boat Dock Extension Petition:$1,500.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 O An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. 0 As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package.I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Signature of Petitioner or Agent Date • II 6/3/2014 Page 7 of 7 r .. — — -- – - - Co er County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: 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) El [ ❑ Pre-Application Meeting Notes 1 t_ _ . Project Narrative r4 Completed Addressing Checklist 1 Conceptual Site Plan 24'x 36'and one 8)1"x 11"copy - Survey of property showing the encroachment(measured in feet) 2 • Affidavit of Authorization,signed and notarized 2 Deeds/Legal's 3 Z. Location map 1 1r 0 Current aerial photographs(available from Property Appraiser)with • project boundary and,if vegetated,FLUCFCS Codes with legend 5 0 included on aerial Historical Survey or waiver request 1 ❑. 0 Ut(` c 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 `J ' Electronic copy of all documents and plans ❑ ,I *Please advise:The Office of the Hearing Examiner requires all 1 materials to be submitted electronically in PDF format. D-, 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 I __ • 4110 $2conty COLUER 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 lb Addressing:Annis Moxam [Graphics:Mariam Ocheitree ❑ City of Naples:Robin Singer,Planning Director 0 Historical Review ❑ Meeting Sign-In Sheet Comprehensive Planning:See Pre-Application ❑ Immokalee Water/Sewer District: 0 Conservancy of SWFL:Nichole Ryan Parks and Recreation:Vicky Ahmad Er County Attorney's Office:Heidi Ashton-Clcko Transportation Pathways:Stacey Revay ❑ Emergency Management:Dan Summers;and/or ri School District(Residential Components):Amy EMS:Artie Bay Heartlock ❑ Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky ❑ Other: 0 Utilities Engineering:Kris Vanlengen FEE REQUIREMENTS Ill 0 Pre-Application Meeting:$500.00 ❑ Variance Petition: o Residential-$2,000.00 o Non-Residential-$5,000.00 o 5th and Subsequent Review-20%of original fee ❑ Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 ❑ 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 0 6/4/2014 Page 6 of 6 Co rer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Pre-Application Meeting Sign-In Sheet PL#:20150000037 Collier County Contact Information: Name Review Discipline Phone Email _❑ David Anthony Environmental Review 252-2497 davidanthony@colliergov.net �SummerAraque Environmental Review 252-6290 -summerbrownaraque@colliergov.net ❑ Alison Bradford,P.E. Engineering Services 252-6820 alisonbradford@colliergov.net ❑ Madelin Bunster Architectural Review 252-8523 madelinbunster@colliergov.net O Mark Burtch in ROW Permitting 252-5165 _markburtchin@colliergov.net ❑ George Cascio Utility Billing 252-5543 georgecascio@colliergov.net ,e Heidi Ashton Cicko Managing Asst.County Attorney , 252-8773 heidiashton@colliergov.net ❑ Kay Deselem,AICP Zoning Services 252-2931 kaydeselem@colliergov.net ❑ Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@colliergov.net O Michael Gibbons Structural/Residential Plan Review 252-2426 michaelgibbons@colliergov.net O Nancy Gundlach,AICP,PLA Zoning Services 252-2484 nancygundlach@colliergov.net O Shar Hingson East Naples Are District 687-5650 shinison@ccfco.orgIII ❑ John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net O Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net O Reed Jarvi,P.E. Transportation Planning - 252-5849 reedjarvi@colliergov,net O Stephen Lenberger Environmental Review 252-2915 stevelenberger@coiliergov.net T ❑ Paulo Martins Utilities 252-4285 paulomartins@colliergov.net . O Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto@colliergov.net O Jack McKenna,P.E. Engineering Services 252-2911 Jadcmckenna@colliergov.net ❑ Matt McLean,P.E. Principal Project Manager 252-8279. matthewmclean@colliergov.net ❑ Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz@colliergov.net ❑ Michele Mosca,AICP Comprehensive Planning 252-2466 michelemosca@colliergov.net ❑ Annis Moxam Addressing 252-5519 annismoxam@colliergov.net ❑ Mariam Ocheltree Graphics 252-2315 mariamocheltree@colliergov.net ❑ Brandy Otero Transit 252-5859 brandyotero@mlliergov.net ❑ John Podaerwinsky Transportation Planning ,252-5890 johnpodczerwinsky@colliergov.net ❑ Brandi Pollard __ Utility Impact fees 252-6237 brandipollard@colliergov.net g. 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 1110 • COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 ❑ Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net ❑ Chris Scott Planning and Zoning 252-2460 chrisscott@colliergov.net ❑ Daniel Smith,AICP Landscape Review 252-4312 danielsmith@colliergov.net ❑ Scott Stone Assistant County Attorney 252-8400 scottstone@colliergov.net Air Mark Strain Hearing Examiner/CCPC 252-4.446 markstrain@colliergov.net 0 Carolina Valera Comprehensive Planning 252-8498 _carolinavalera@colliergov.net ❑ Kris VanLengen Utility Planning 252-5366 krisvanlengen@colliergov.net ❑ Jon Walsh Building Review 252-2962 jonathanwalsh@colliergov.net ❑ David Weeks,AICP Future Land Use Consistency 252-2306 davidweeks@colliergov.net ❑ IGrsten Wilkie Planning and Zoning 252-5518 kirstenwilkie@colliergov.net Additional Attendee Contact Information: t� Name Representing Phone Email 41.:3.1A 1 �,)p.1 gdze.434 C11X13 ,iL "3; 07a► � J, S 111111 11111 11111 RESOLUTION 87- 260 OCT 27 1987 8 • RELATING TO PETITION NO. IT-87-17C FOR PROVISIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter • 67-1246, Imre of Florida., and Chapter 123, Florida Statutes, hen . conferred on Collier County the power to establish, coordinate end enforce zoning and such bueinees regulation as are necessary far ;". the protection of the public; and WHEREAS, The County pursuant thereto has adopted a Cosprabsnsive toning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of provisional uses; and WHEREAS, the Collier County Planning Commission, being the duly Ir -appointed and constituted planning board for the arca hereby affected, • has held a public hea.ing after notice as in said regulations sada and provided, and has considered the advisability of Provisional Uss "a" in y a ISP-4 eons for the property hereinafter described, and has found ss a matter of fact (Exhibit "A") that satisfactory provision and arrangement has been made concerning all applicable matters required by said regulations and in accordance with Section 11 - Id of the Zoning ' Regulations for the Collie_ County Planning Commission; and WHEREAS, all intarssted partial harm been given opportunity to be heard by this Boerd in public nesting assembled and the Board having considered ell natters presented. NOW, THEREFORE SE IT RESOLVED, BY THE BOARD OT ZONING APPEALS of Collier County, Florida that the petition of Community Dsvalopment iii Division, representing the Board of County Commissioners, with respect to • '' the property hereinafter described as: Lots 1 through 13, Block "G", Little Hickory Shores, Unit #3. as recorded in Pz.ar look 6, Page 2, Official t Racorda of Collier County • 10011 109 Fal 27 • .` 1O9 f��,t 28 0 CT 2 71987 <; be sad the ease is hereby approved for Provisional Use "a" of the Ret-4 • zoning district for Non-Cossercial Boat Launching Facilities, subject to the foiloviag canditioaat li, t a. At time of obtaining a dock permit, a right-of-way permit i I shall be obtained and the owner shall provide encase inproveaente to prevent dosage to the roadway and roadway r drainage improvements. i b. All boat docks erected on the subject lots suet comply 2 with Section 8.46 of the Zoning Ordinance (82-2). ' '.'' BE IT FURTHER RESOLVED that this resolution be recorded in tba r siestas of this Board. 4. t' Commissioner Pigtor offered the foregoing resolution , and coved its adoption, seconded by Commissioner r.nn. night . and upon roll call, the vote wast , Mat Commissioners Pistor, Goodnight, Glass, Saunders and Hasse y;, RATBt None 4. ASSENT AND 107 YOTINGz none 41V 1•. ABSTE TIER: None Dose this . 27th day of October , 1987. •t BOARD 01 ZONri6 MUMS" 4. COLLIER !, nom • • iler_.;:dii,.',/...- ••'/ ' • • .SE,`-., ..:TViT:T ' . I . JAMES"vi.GILES, CLERK I 14.;. ti: f •t . 'off agri, dty Clerk APPROVED AS TO FORM AND LEGAL FVFFICIEfC7t \IFIL.4dagibila g sl ASSISTANT CORhrz ATTORNEY h , PU-S7-ITC Resolution • s I? .. OCT 271987 EXHIBIT A t t TINGING 07 TACT BY ': COLLIER COUNTY PLANNING COMSISSION • FOR A PROVISIONAL USE PETITION FOR i . `' PU-87-17C The following facts are found: 1. Section 7. 11b.3)(a) of the Zoning Ordinance authorised the r previsional use. • 2. Granting the provisional use will net adversely affect the public interest and will not adversely effect other property or uses in the as= district or neighborhood because of: A. General compliance with the Comprehensive Plan: Complies with Comprehensive Plan 4 Yes . No . B. Ingrsea and egress to property and proposed structures thereon with particular reference to automotive and psdsstrisn safety . and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequat ingress i agrees . Tee No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No effect or Affect nitigeted by ----- AI�t cannot be mitigated • . D. General compatibility with adjacent properties end other property in the district: • Compatible use within district Yes c� No . • • • Eased on the above findings, this provisional use e. • Id, with stipulations, (telly attached) (should-s041-be rec.. ....ed I. . 1j. • 1 p , DATE: /11/d1 Chairma _ _ . • Y ~ . i - ' 1IJDINO 07 TACT FOU " . f'" it •? ., . .jiff • Y.' TOOK 1.09Pict 29 i _ ! ; p• ` r • \ `«t'. Oi' _ •• 3A. t .fl ? lob +, ,-1,.::,. •;!tiff Y.If; . ..y C 10/2 +;'.. ' ,71:•:i .1 1' , •� �` .. • . .• ij -i..„' . r, 3 1 • OCTOBER 27,.'1987' ',*4 $ i . .�.f72i I Y`4 A380LUTION S7-EGO, PETITION PO-ST-17C, COIO[UNI'rY DEVELOIN!IT DIVISION , .' RZQUISTING PROVISIONAL US! HAI OP THE RS7-4 DISTRICT POR NON-COI RCZIL BOAT LNUNCBINO YACILITIES - ADOPTED 1 i Planner Weeks stated the property is located approximately 1/4 • mile south of Bonita Beach Road, and 3/4 mile Fest of Vanderbilt Drive :a,, ,`(4 in the Little: Hickory Shores Subdivision. He stated that the Board ",,, directed staff to initiate a Provisional Use for this property beta- • k•" use of the small lot size which cannot be used for a principal strum- F' ' tura. He said it appears that these lots were intended for boat ' ' • "; f , dock lots, however, that Is not indicated on the plat. ,(:'.•vi. 'oft '. •y Mr. Weeks stated the rrpC has reviewed this petition and forwarded } I ' 1,• ; • '•Y . • `;4:. It with a 'recommendation of approval. He said correspondence on this ~.�? ' petition was received, with six letters in favor and one in opposition. '.•` .,, Hs noted the letter of opposition was due to misinformation and after 1 ' T ,. clarification by Staff, the objection was verbally withdrawn. He said ' '' • . Staff teCcmmends approval. a,�• ` .4'^''`• In:tesponse to Chairman Hasse, Planning/Zoning Director McKim . '`' ;.Y stated .the docks are for private use only, however, renting of boat;,= " '" r .., docks is a problem throughout the County. She explained that Staff only becomes aware of this type of violation if there is a complaint. commissioner Piator moved, seconded by commissioner Goodnight and = .'1 aarried unanimously, that Resolution a7-250, Petition PU-$7-170, for non-commercial boat launching faciilties for property located ' ' approximately 1/4 mile south of Bonita Beach Road and 3/4 mile vest of jj h Vanderbilt Drive, be adopted. { ':f rt0-. '.. •1. } - 1.i.frt`4w •^` • _V. .'• . � ' fi: s y i 'IT :‘4.,., °4I`tR:l'..# . ...!.I .. !.' i, ,• .$ J 4? -+-'�C ' Y.1 '' q:rtr'' 1 ,,t,. : 4 . . F -pi :.E {. , , . Lt. s J 'i . • .....0 0 -- tal,:ilttl. ?Xi. //� as M N o111111, 11 0 ;10,co «�` « } O CP la� a i 404 (II rt% 'SA03 Vit\ (4 ti o•••.....113��Ds_,,,,,1 O► ��s t% S. p S.+t ialli • v) I p c i p 8 4. ti 4 4 �aA d `O -er y� rs4S . O. S ";• ' 3 0"- dOa•y- . o / `s tc ti \ „ 0 la \ < 1. 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I Pi 20150000037 REV 1 S SANDY BEACH, LLC 267 3RD STREET W. (LOT 21) NAPLES, FL 34134 SUBMERGED RESOURCE SURVEY 1110 it SEPTEMBER 5,2014 PREPARED BY: R v . TURRELL,HALL&ASSOCIATES,INC 3584 EXCHANGE AVENUE,STE B NAPLES,FL 34104 • SANDY BEACH,LLC LOT 21 SUBMERGED RESOURCE SURVEY September 5,2014 1.0 INTRODUCTION • The Sandy Beach, LLC boat dock lot and associated proposed docking facility is located at 267 3'd Street West, identified by Parcel Number 56001480000. The property is located off 324 Street West just south of Bonita Beach Road,bound to the north and west by Little Hickory Bay,bound to the east by another boat dock lot, and bound to the south by a single-family residence. The property is located in Section 05, Township 48 South, and Range 25 East. The upland portion of this property is used for parking in order for the owners to access the docking facility. 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 constructing a single-family dock within Little Hickory Bay. The SRS survey was conducted on September 5, 2014. Light south 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 87°F. Low tide occurred at 4:28A.M(1.2')and high tide occurred at 10:20 A.M(2.5')on the date of the survey. • 2.0 OBJECI1VE 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 I 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 72H). • Page 1 of 3 SANDY BEACH,LLC LOT 21 SUBMERGED RESOURCE SURVEY September 5,2014 • 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 6-feet apart as shown on the attached exhibit. The subject property and 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 walked/swam these transects using snorkel equipment where needed 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; silt muck with shell debris and just silt/muck material scattered throughout. The silt muck with shell debris was observed mostly along the shoreline where the oyster debris was also located the further from the seawall the substrate changed to the silt muck. The subject shoreline consists of a concrete seawall and existing marginal dock. There are scattered oyster debris clusters along the seawall with some scattered rip-rap both of which provide habitat for barnacle growth and numerous fish,and crabs. The majority of the survey area exhibited a 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 Little Hickory Bay as well as the water clarity not allowing much sunlight penetration. This again was most evident in the deeper water depths. Page 2 of 3 SANDY BEACH,LLC LOT 21 SUBMERGED RESOURCE SURVEY September 5,2014 Various filamentous algae and macro algae were observed and documented growing • 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 mangrove snapper Lutjanus griseus sheepshead Archosargus probatocephalus striped mullet Mugil cephah&s snook Centrompus undecimalis jack crevalle Caranx hippos 5.0 CoxcLusIoxs The submerged resource survey at the site yielded few findings. Barnacles and scattered oyster debris were observed growing on the existing seawall,dock piles,and the scattered rip-rap. The subject property shoreline consists of a seawall and docks which all provide cover for fish. This area was where all the observed fish species were located including: Gray Snapper (Lr4/anus 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 ....: .. v W III di s•'# t 1 „,�� Z �} s i 4� COl AC i *.� W 01 �. i' Z . -'710 )fp 0 A Rz S 8 iii 0 $til. t ,gra. c a N QV W m W (V o w Z w O z ° o J X co 0 ccIL LLI z p < n_ 111:$1,• ___..,., n • cc c) cc cc E-c ,,,,IIIVAL .- - ,-,-,,,,,..i..4.;\ Et '. : Ww — --- ...---- lk ---\ ' ,16.4e;sz•-c.k ------- \,_, 4 >"' 2 03 pD N Q c- aoNr+ ----- 11:01444,, �a 8a crd z r /' W 55 W L•19 I Z CO x� dM J CO 0 Bial o • rtQ W p41436-1rky-medtd ld211CAD1PEAMT$TA1a1r303rA7Edwp SUBMERGED W79I.ton ..• .,... r # 1404,t, ? . .. ,. . . ,,, . , .,, ., ,. „ % ;:,, ,,,, ,,_, ,,,...„ ,_,,.._ "4. Onsite photo looking North Little Hickory Ray • illww.r 1. i ,e. ,10611011111 t i 's' Existing onsite marginal dock,looking West • • - - t , Irit ylilt' 4 *moos ate.4 -g fli Existing onsite marginal dock,looking East • 4,740i41 • • �. . • Rip-rap under existing dock and scattered along seawall • • . .... s, p ti .4. . ..,,, . .iiiiii,., mow' Y Typical oyster debrl:along seawall • Nit litt s 7. 111 ' $ , Typical oyster debris observed along seawall • 31112016 Detail by testy Nems FLORIDA DEPARTMENT OF STATE s i\1S1O\ OF CORPOR.U-!Oti Detail by Entity Name Foreign Limited Liability Company SANDY BEACH LLC Filing Information Document Number M16000001899 FEI/EIN Number 46-0965820 Date Flied 0310312016 State MN Status ACTIVE Principal Address gs-40 NORTHERN AVE. IIPRONO, MN 55391 Mailing Address 3740 NORTHERN AVE. ORONO, MN 55391 Registered Agent Name & Address HOLMERS, TODD 3 3RD STREET BONITA SPRINGS, FL 34134 Authorized Person(s) Detail Name &Address Title OWNE HOLMERS, TODD 3740 NORTHERN AVE. ORONO, MN 55391 nual Reports o Annual Reports Filed Document Images bep-J/seerchsuibiz.org nquiry/CorporationSearch/SearchResitetetailAnquirytre=EriityNa teadirecUanT . 112 *** INsrR 5019832 OR 5068 PG 842 RECORDED 8/18/2014 8:58 AM PAGES 1 *** DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $10.00 • • AI LIMITED LIABILITY COMPANY AFFIDAVIT STATE OF 1 T 1 i of e.s,k . COUNTY OF BEFORE ME,the undersigned authority personally appeared Todd Hohners,who after first being duly sworn according to law,deposes and saw 1. Affiant is the sole member of Sandy Beach,LLC,a Minnesota limited liability company,and as such have personal knowledge of the firms set forth herein. 2. That Sandy Beach,LLC(the"Company) is a duly and validly existing limited liability company under the laws of the State ofMimesota comprised of the following members: Todd Hobmers 3. That the above member is the only member of the Company. 4. That the Company is purchasing the_jiokk » % edatin Collier County,Florida and snore. 0 Lot 21,Block C,Repiat of a.- .kkory Shores Daft ,• • according to the plat thereof recorded in Plat Book 6, • • ,• of Co I. •.• ,ty,Florida. 5. That the member of the•• 4 purchaser of the above sad deliver mortgages,notes �ttjj • descrbed property 7. That neither the member..• Company have been •'' • a .. proceeding during the existence of the Company. O 8. That Arrant is fully , .. ••-• - '. Affidavit for , ... of the Company with full Sectiono0g45FFlorida StatutPurchaser es,to. !► .,.' ' � ` . mutters set fowill�rtb hereiupon n pursuantto FURT'IiERAFFIANT SAYETH NOT. . tea- Todd Hoimers State of A . n'h1r- &may SWORN TO and subscribed before me this ,2 day of August 2014,by Todd Hoimers.sole member of Sandy L[.C,a Minnesota limited liability company,who is brown to me or who has produced tV s t((tot t'Q ,as identification. J Signature of Notary PriatodName $e- I_ 2`1; BEN SITES , S acs.``, ,:. ' AIUM5Jila mes % o My Commission Exlrcc :CG.-. 3 t,2C l i r L b i'mtr.3t.2011 I • 0 1-----__ 3 Office of the Minnesota Secretary of State I Certificate of Good Standing 1 1 I,Steve Simon,Secretary of State of Minnesota,do certify that The business entity listed below was filed pursuant to the Minnesota Chapter listed below with the Office of , i the Secretary of State on the date listed below and that this business entity is registered to 1 do business and is in good standing at the time this certificate is issued. 1 1 Name: SANDY BEACH,LLC - ; ` Date Filed: 01/31/2012 . i ' File Number: 468078000022 ! f Minnesota Statutes,Chapter: 322B 1 Home Jurisdiction: Minnesota 1 i • ' This certificate has been issued on: 01/19/2016 1 ]i 'aaF4ly�trrtreNrj,' A v. i ' p.-,- ; ' Steve Simon ''� N--- .t = Secretary of State • ' :_ :'-e3.. .1111`44,'-.? State of Minnesota 11 '''9*,,./ .i isw. ',+ • ft:. 1 Ire 0‘4'+it4Rr,IisSaaaa i . ii i I i J 1 40 li ,' ,1 . . . . . . .. . . . . . , . . i .. . ... ... ... . . . . .. . . • • • -• 4 __ _ AGENDA ITEM 4-F meroCo eY County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JULY 14. 2016 SUBJECT: PETITION NO.: PDI-PL20160000403. VINCENTIAN VILLAGE MPUD OWNER/APPLICANT: AGENTS: Global Properties of Naples, LLC Robert J. Mulhere, FAICP 5344 Immokalee Road Hole Montes, Inc. Naples. FL 34109 950 Encore Way Naples, FL 34110 Richard Yovanovich, Esquire Coleman, Yovanovich& Koester, P.A. 4001 Tamiami Trail North.Suite 300 Naples, FL 34103 REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial amendment to the Vincentian Village MPUD to allow the following changes: to reduce the minimum floor area for multi-family principal structures from 1,250 SF per dwelling unit to 800 SF:and to further define maximum building height. GEOGRAPHIC LOCATION: The subject property consists of 30.68± acres and is currently undeveloped. The subject site is located at the intersection of Tamiami Trail East (US 41) and Southwest Boulevard in Section 32, Township 50 South, Range 26 East. Collier County, Florida. PURPOSE AND DESCRIPTION OF PROJECT: The Applicant wishes to reduce the minimum floor area of multi-family dwellings from 1,250 SF to 800 SF and to revise a footnote to indicate that the maximum zoned building height of 35 feet and the maximum actual building height of 42 feet for multi-family and townhouse principal structures shall not exceed two stories over parking. No change in the"zoned"or"actual"building height is proposed. PDI-P1.20160000403:Vincentian Village MPUD Page 1 of 7 July 14.2016 HEX Revised:6-27-2016 • I I I'1 1_ 4t* , l� b-----___. . • • ; _. ° 't. 40. NEL iv : !: 3 `4( . 3 < ris ii, Allp i 4 J itLIi °ii•0i�°cei® - a � on ®° ie/(0#"1 Q •, Se4P/41P E 40 ci°siipi / ®\Y �to ° O 4t e % gsiiii , � NO---4,44•70 SI * � s ®��♦SSee�� 0 1�ii ►®e ®®e® ® �s S ON .41% ®�:f0® �t� s �e04,0S� IIP /Or M i ' A 1 i' M4 if•V4 .,.' r r®®edlibor AL A► ON.?��` r 0' X '741.11f s" < t�e��®�,►.Se®�ee�* ��* I 111 N E .1 c O E Z a a C .L z?. 0 QA18 Jam - 0 a N a a_ o 0 0 co 0 a `V a. co £ C c) so Y Q ZZ g 01 it1- Z Q W ° J 0- X 'o 0 �I I SURROUNDING LAND USE AND ZONING: Subject: Vincentian Village MPUD North: Tamiami Trail (US 41) ROW, across which are multi-family residences, zoned Whistler's Cove PUD; density: 10 DU/A. Bast: Hitching Post Plaza. zoned General Commercial (C-3); intensity: as described in Section 2.03.03.0 of the LDC,and Hitching Post Mobile Home Park. zoned Mobile Home (MH); maximum density: 7.26 DU/A South: Single family homes. zoned Residential Single Family (RSF-4); maximum density: 4 DU/A. West: Southwest Boulevard ROW. across which are single family homes, zoned Residential Single Family(RSF-4); maximum density:4 DU/A,and Developed and undeveloped commercial lots, zoned General Commercial (C-3); intensity: as described in Section 2.03.03.0 of the LDC. ,. t- # ' . , s ,L. :::. .... le at, A it in bet 10,t to P . .* ~r 7" .R, .' _ T, 'i4 r d' F . 4, , sy''`� ,.. `f.�'''''a„ 00 it S ♦ frAp ii. ' •* , +� s' " $ it ,4.+ I a Santa FmTRL ali 0' _ 0......„T.,.. ape t 1 to 0 a `(SLpaTRL L lith` . 1'inccntian 1'illane 11P( 1)(('('P,1) PDI-P1.20160000403:Vincentian Village MPt t) Page 3 of July 14.2016 11E Revised:6-27-2016 1 ANALYSIS: The proposed change is a reduction in the minimum floor area, which will have no effect on abutting properties and may better reflect market conditions. The clarification of building height serves only to help site plan reviewers with plan reviews. 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: 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 amendment simply clarifies that the maximum height cannot exceed two stories over parking,but the maximum height will remain the same. 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. 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 reduce the minimum floor area of multi-family residences and to clarify the maximum building height measurement. 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. PDI-PL20160000403:Vincentian Village MPUD Page 4 of 7 July 14,2016 HEX Revised:6-27-2016 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. 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. Vincentian Village 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. Section 10.02.13.E.2 Does this petition change the analysis of the findings and criteria used for the original application (which are attached to this Staff Report as Exhibit"A")? No, the change proposed does not affect the original analysis, rezone findings, or PUD findings. PDI-PL20160000403:Vincentian Village MPUD Page 5 of 7 July 14,2016 HEX Revised:6-27-2016 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 June 27,2016. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20160000403. Attachments: A. Original PUD and Rezone Findings B. Application PDI-PL20160000403:Vincentian Village MPUD Page 6 of 7 July 14,2016 HEX Revised:6-27-2016 PREPARED BY: ' ' -. (o -a9- /6 FREISCHL, AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: 7 2 I 6.2-116 RAYMD V. BELLOWS. ZONING MANAGER DATE ZONIN DIVISION , fr f-7/• C.,- 21- 11, MIKE BOS1, AICP. DIRECTOR DATE ZONING DIVISION PDI-PL2016(X100403:Vincentian Village SOLID Page 7 of 7 Jul) 14.2016 HEX Revised:6-27-2016 1 EXHIBIT "A" FINDINGS OF FACT: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans'compliance with the additional criteria as also noted below. [Staff's responses to these criteria are provided in bold,non-italicized font]: PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria"(Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area. The commitments made by the applicant and staff's recommended stipulations should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed,particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application,which were reviewed by the County Attorney's Office, demonstrate unified control of the property.Additionally,the development will be required to gain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the zoning analysis of this staff report. Based on those staff analyses, planning zoning staff is of the opinion that this petition may be found consistent with the Future Land Use Element contingent upon Board approval of the companion Growth Management Plan amendment, Petition GMPA-PL2014-113, to amend the Subdistrict language. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff has provided a review of the proposed uses. The uses in the existing PUD were deemed compatible, but the uses are changing as part of this amendment. Staff initially had concerns about the potential intensity of the proposed project. The petitioner has revised the list of uses and added other safeguards to address staffs concerns. Staff is of the opinion that the uses will be compatible. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of native preserve aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally,the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as road capacity,wastewater disposal system, and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking approval of three deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff has provided an analysis of the deviations in the Deviation Discussion portion of this staff report, and is recommending approval of the deviations. Rezone Findings:LDC Subsection 10.02.08 F.states,"When pertaining to the rezoning of land,the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, &policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in-depth review of the proposed amendment. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Comprehensive Planning staff finds the proposed PUDZ application consistent with the Future Land Use Element contingent upon Board approval of the companion Growth Management Plan amendment,Petition GMPA-PL2014-113,to adopt the Subdistrict language. The petition can be deemed consistent with the CCME and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP contingent upon Board approval of the companion Growth Management Plan amendment if staff's stipulations are adopted. 2. The existing land use pattern; Staff has described the existing land use pattern in the"Surrounding Land Use and Zoning"portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed amendment is appropriate given the existing land use pattern if limitations are imposed to keep the project more in scale with a neighborhood center commercial development, and development restrictions included in the PUD Ordinance. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD amendment would not create an isolated zoning district because the subject site is already zoned PUD. No land is being added to the PUD as part of this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek such the amendment to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. Without this amendment, the property could be developed in compliance with the existing PUD ordinance regulations. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed amendment,with the commitments made by the applicant and the stipulations offered by staff,can been deemed consistent County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes numerous restrictions and standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD amendment should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project with the mitigation that will be provided by the developer(Developer Commitments). Staff believes the petition can be deemed consistent with the Transportation Element of the GMP. 8. Whether the proposed change will create a drainage problem; The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this amendment petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. The setbacks and project buffers will help insure that light and air to adjacent areas will not be substantially reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results,which may be internal or external to the subject property.Property valuation is affected by a host of factors including zoning;however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; If the proposed development complies with the Growth Management Plan through the proposed amendment, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the applicant has reduced the intensity and density of the proposed project which keeps the proposed project more in line with the scale of the neighborhood. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the proposed GMPA and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed amendment is consistent with the GMP as it is proposed to be amended as discussed in other portions of the staff report. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Additional development anticipated by the PUD document would require considerable site alteration. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. CoAt County S COLDER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliereov.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 PL 2016 0 0 0 0 4 0 3 REV 1 PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION • Name of A licant s : Global Properties of Naples, LLC PP Address: 2614 Tamiami Trail N., #615 city: Naples State: FL ZIP: 34103 Telephone: 239-435-0098 Cell: N/A Fax: 239-692-8527 • E-Mail Address: chris@jcsrealtygroup.com Name of Agent: Robert J. Mulhere, FAICP, Vice President - — Folio#: 00439880008.__._ —Section:-3 -.-._- .- .Twp: 50S Range: 26E Firm: Hole Montes, Inc. Address: 950 Encore Way City: NaplesState: FL ZIP: 34110 Telephone: 239-254-2000 Cell: N/A Fax: 239-254-2099 E-Mail Address: bobmulhere@hmeng.com NAME OF AGENT: RICHARD YOVANOVICH, ESQUIRE FIRM: COLEMAN, YOVANOVICH & KOESTER, P.A. ADDRESS: 4001 TAMIAMI TRAIL NORTH, SUITE 300, NAPLES, FL 34103 PHONE NUMBER: 239-435-3535 FAX NUMBER: 239-435-1218 • EMAIL ADDRESS: RYOVANOVICH@CYKLAWFIRM.COM 6/17/2015 Page 1 of 5 S&9ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net (239)252-2400 FAX:(239)252-6358 DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? ■❑Yes n No ❑ 1. If applicant is a land trust, so indicate and name the beneficiaries below. ❑ 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. x❑ 3. If applicant is a partnership, limited partnership or other business entity,so indicate and name principals below. ❑ 4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. ❑ 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) • Global Properties of Naples, LLC James Shucart, Manager and Christopher Shucart 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: Vincentian PUD ORDINANCE NUMBER: Ordinance No.:15-33 FOLIO NUMBER(S): 00439880008 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? n 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? 0 Yes ❑ No If yes, in whose name? Global Properties of Naples, LLC Has any portion of the PUD been ❑SOLD and/or❑ DEVELOPED? Are any changes proposed for the area sold and/or developed? ❑Yes Q No If yes, please describe on an attached separate sheet. I • • 6/17/2015 Page 3 of 5 Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE 411/ 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 ❑ Pre-Application Meeting notes 1 ❑ 0 Project Narrative, including a detailed description of proposed changes 16 ❑ and why amendment is necessary Detail of request 160 x❑ ❑ Current Master Plan&1 Reduced Copy ❑ ❑ x❑ Revised Master Plan&1 Reduced Copy ❑ ❑ ix Revised Text and any exhibits 16.E x❑ ❑ PUD document with changes crossed through&underlined 160x❑ ❑ 1111 PUD document as revised with amended Title Page with Ordinance# ❑ ❑ x❑ Warranty Deed 3 ❑ Q ❑ Legal Description 3 ❑ 0 ❑ Boundary survey, if boundary of original PUD is amended ❑ ❑ x If PUD is platted,include plat book pages ❑ ❑ x� List identifying Owner&all parties of corporation 2 xQ ❑ Affidavit of Authorization,signed&notarized 2 Q ❑ Completed Addressing Checklist 1 Copy of 8.Y in.x 11 in.graphic location map of site -- 1_ -- Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all materials ❑ x❑ ❑ 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. • 6/17/2015 Page 4 of 5 Co [ier 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: a School District(Residential Components):Amy ❑ Bayshore/Gateway Triangle Redevelopment: Lockheart Executive Director 0 Utilities Engineering:Kris VanLengen Parks and Recreation:Vicky Ahmad ❑ Emergency Management:Dan Summers L Naples Airport Authority:Ted Soliday _ ❑ Conservancy of SWFL:Nichole Ryan ❑ Other: ❑ City of Naples:Robin Singer,Planning Director ❑ 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 -Z6 � b t Applicant/Owner Signature Date Applicant/Owner Name(please print) ROBERT J. MULHERE, FAICP, VICE PRESIDENT, PLANNING SERVICES HOLE MONTES, INC. • 6/17/2015 Page 5 of 5 AFFIDAVIT OF AUTHORIZATION • FOR PETITION NUMBERS(S) VINCENTIAN PUD(PD{?L 7D15-0000403) I. CHRIS SHUCART AND JAMES SHUCART (print name),as MANAGERS (title,if applicable)of GLosAL PROPERTIES of NAPtEs,u.c (company,If licable),swear or affirm under oath,that I am the(choose one)owner applicant contract purchaser and that 1. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County In accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made 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. Weil authorize SOS MUMS.FARCPAND RICHARD YOVANOVICH,ESQUIRE to act as our/my representative in any matters regarding this petition Including 1 through 2 above. 'Motes.' • 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(LLC.) 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 • • - cted • re true. • _ 31 L-1 /) CP SHUCAR � g .ture Date • 6/111) 62 • SHUCART SIGNATURE - ATE OF FLORIDA COUNTY OF COWER �J The foregoing in ent was sworn to(or affirmed)and subscribed before me on 31 i /b (date)by CA'sri G�' sb l""'��-�"� (name of person providing oath or affirmation), as eer cs4-tSk>% 4 whaler-personally known to me or who has produced (type of identification)as identification. w✓‘.- • ETNA',MEAL Signature of Notary Public NARCISO DOMINGO ` NOTARY PUBUG • _� STATE OF FLORIDA Litt,' .4 Comma FF192487 • CF,O5-COA4Ol1sus5 ^ Expires 319/2019 REV 3nA/14 1-111/1 HOLE MONTES ENGINEERS•PLANNERS•SURVEYORS • 950 Encore Way•Naples,Florida 34110•Phone 239.254.2000•Fax:239.254.2099 March 9, 2015 VIA HAND DELIVERY Paula Brethauer, Intake Planner Collier County Growth Management Division Growth Management Division 2800 North Horseshoe Drive Naples,Florida 34104 PL 2016 00 0 0 4 0 3 REV 1 Re: Vincentian MPUD (PDI-PL-20160000403) Insubstantial Change to a PUD(PDI) HM File No.: 2013.043 Dear Ms. Brethauer: This letter and the enclosed information are submitted to request approval of an Insubstantial Change to a PUD (PDI) for the above-referenced project. The Vincentian MPUD was approved by Ordinance 2015-33. This request is to change the minimum allowed floor area from 1,250 to 800 SF per multi-family dwelling unit, and to clarify • that the maximum building height for townhouse or multifamily development is limited to 35 feet(zoned height) and 42 feet(actual height),limited to 2 stories over parking. The request is not a substantial change, as it does not: change the boundary of the PUD; increase the intensity of lands uses or building heights; decrease preservation areas; relocate or change land uses; increase traffic generation, change traffic circulation, or impact other public facilities; propose any changes to storm water management systems; propose a modification inconsistent with the Growth Management Plan;nor is it part of a DRI/PUD. -- , We enclose the following documents: • J' teen(16) copies of a cover letter(this is the cover letter); • ✓ (1) fee check in the amount of$2,025; • ,teen(16)copies of completed PDI Application; • 1.701(1)copy of the Pre-Application Meeting Notes from March 2,2016; ■ ixteen(16)copies of the Project Narrative—included in the cover letter; • /Sixteen(16)copies of Detail of Request—included in the cover letter; ■ ,/S�' teen(16) copies of changes crossed through and underlined to PUD document; ■ ee (3)copies of Deed; ■ ee (3)copies of Legal Description; • �ee (3)copies of Affidavit of Authorization(signed and notarized); ■ ( Three (3) copies of the List identifying Owner and All Parties of Corporation(Disclosure . ormation)—included in the PDI Application; ■ Two (2) copies of completed Addressing Checklist; • H:\201312013043\WP\PDI\Initial Submittal\PB 160309 hr tr initial PDI submittal.docx Naples•Fort Myers Paula Brethauer, Intake Planner Collier County Growth Management Division Re: Vincentian PUD(PDI-PL-20160000403) Insubstantial Change to a PUD(PDI) • HM File No.: 2013.043 March 9, 2016 Page 2 • ixteen(16)copies of Location Map(11"x 17"); and • ne(1) CD of all materials in pdf format. This concludes our Insubstantial Change to a PUD (PDI) submittal. Should you have any questions or require further information,please feel free to contact me. Very truly yours, HOLE MONTES,INC. Robert J.Mulhere, FAICP Vice President, Planning Services RJM/sek Enclosures as noted. • cc: Chris Shucart w/enclosures Richard Yovanovich, Esquire w/enclosures • H:12013\2013043\WPWDIUnitial Submittal\PB 160309 ltr tr initial PDI submittal.docx . 1 SECTION ONE: 1 • AMENDMENT TO EXHIBIT B, DEVELOPMENT STANDARDS, I. RESIDENTIAL & COMMERCIAL DEVELOPMENT STANDARDS, OF THE MPUD DOCUMENT ATTACHED TO ORDINANCE NO. 2015-33, VINCENTIAN VILLAGE MIXED-USE PLANNED UNIT DEVELOPMENT Exhibit B, Development Standards, I. Residential & Commercial Development Standards, of the MPUD Document attached to Ordinance No, 2015-33, Vincentian Village Mixed-Use Planned Unit Development, is hereby amended to read as follows: **** I. RESIDENTIAL& COMMERCIAL DEVELOPMENT STANDARDS CLUBHOUSE/ RECREATION MULTI-FAMILY TOWNHOUSE 1 BUILDINGS COMMERCIAL PRINCIPAL STRUCTURES::' MIN.LOT AREA 3,000 S.F.PER UNIT 1,800 S.F.PER UNIT N/A 10,000 S.F. MIN.LOT WIDTH 90 FEET 21 FEET N/A 100 FEET MIN.FLOOR AREA 800-1450 S.F./D.U. 1,250 S.F./D.U. N/A 700 S.F.2 MINIMUM YARDS(External—measured from the PUD boundary)3 From Tamiami Trail and SW 50 FEET 50 FEET 50 FEET(Tamiami 50 FEET Blvd. Trail) 25 FEET(Southwest Blvd.) From adjacent RSF-4 zoned 75 FEET 75 FEET 75 FEET 75 FEET proper - From adjacent MH zoned 75 FEET 75 FEET 25 FEET 75 FEET • property From adjacent C-3 zoned 25 FEET 25 FEET 25 FEET 25 FEET property MINIMUM YARDS(Internal—measured from internal lot lines) Min.Front Yard 20 FEET 4 20 FEET 4 20 FEET 10 FEET Min.Side Yard 15 FEET 0 or 10 FEET 15 FEET 10 FEET Min.Rear Yard 15 FEET 15 FEET 15 FEET 10 FEET Min.Preserve Setback 25 FEET 25 FEET 25 FEET 25 FEET Min.Lake Setback 5 20 FEET 20 FEET 20 FEET 20 FEET MIN.DISTANCE BETWEEN 15 FT or%a sum of 10 FT or'/a BH, 10 FEET 20 FT or'h sum of STRUCTURES BH,whichever is whichever is greater BH,whichever is greater greater _____ -_. _MAX..BUILDING HEIGHT .35 FEET_¢ ___ __. _._35 FEET¢__ _.._ .__._ 35 FEET 45 FEET_ NOT TO EXCEED(ZONED) MAX.BUILDING HEIGHT 42 FEET 6 42 FEET 6 42 FEET 52 FEET 7 NOT TO EXCEED(ACTUAL) MAX.FAR N/A N/A N/A 0.6 3 MAX.GROSS FLOOR AREA N/A N/A N/A 250,000 SF 9 ACCESSORY STRUCTURES FRONT SPS SPS SPS SPS SIDE 10 FEET 10 FEET 10 FEET 5 FEET REAR 10 FEET 10 FEET 10 FEET 5 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET MIN.LAKE SETBACK 10 5 FEET 5 FEET 5 FEET 5 FEET MAX.BUILDING HEIGHT SPS SPS SPS SPS NOT TO EXCEED(ZONED) MAX.BUILDING HEIGHT SPS SPS SPS SPS • NOT TO EXCEED(ACTUAL) Page 1 of 2 Words underlined are added;words are deletions H:\2013\2013043\WP\PDI\HEX\Vincentian Village MPUD(PDI-PL-20160000403)(6-28-2016).docx 1. Defined as a group of three or more units. 2. Per principal structure,on the finished first floor;not applicable to Kiosks. 3. Dumpsters and dumpster enclosures shall not encroach into the stated perimeter PUD setbacks. 4. Front yards shall be measured as follows: • — If the parcel is served by a public right-of-way,setback is measured from the adjacent right-of-way line, — If the parcel is served by a private road, setback is measured from the back of curb(if curbed)or edge of pavement(if not curbed). — If the parcel has frontage on two streets, the frontage providing vehicular access to the unit shall be considered the front yard.The other frontage shall be considered a side yard. — In no case shall the setback be less than 23 feet from the edge of an adjacent sidewalk,except in the case of side-loaded garages,designed such that a vehicle can be parked in the driveway in such a manner so as not to conflict with,or encroached upon,the adjacent sidewalk. 5. As measured from the Control Elevation. 6. Not to exceed two stories pver parking,but in no case shall maximum zoned height exceed 35 feet and maximum actual height exceed 42 feet. 7. Commercial buildings located within 500 feet of US 41 may be developed at a building height of 50 feet zoned and 57 feet actual. 8. Applies to the following use:Assisted Living Facilities. 9. Subject to Land Use Conversion Factors,Exhibit B,Section III. 10. Zero feet if a 20'Lake Maintenance Easement is provided in a separate tract at time of platting. • • Page 2 of 2 Words underlined are added;words are deletions H:\2013\2013043\WP\PDI\HEX\Vincentian Village MPUD(PDI-PL-20160000403)(6-28-2016).docx • LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND RUN SOUTH 02°48'46" WEST ALONG THE EAST LINE OF SAID SECTION 32, A DISTANCE OF 1718.03 FEET TO AN INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41 (TAMIAMI TRAIL) AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 02°48'46" WEST ALONG SAID EAST LINE OF SECTION 32, A DISTANCE OF 884.02 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 32 AND THE NORTH LINE OF LOTS FORMERLY IN TRAIL ACRES UNIT 3 AS RECORDED IN PLAT BOOK 3, PAGE 94 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (VACATED BY INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 189, PAGE 792); THENCE RUN NORTH 87°30'18" WEST ALONG SAID FORMER NORTH LINE OF TRAIL ACRES UNIT 3 AND THE NORTH LINE OF TRAIL ACRES.-. UNIT 4 AS RECORDED IN PLAT BOOK 7, PAGE 103 OF SAID PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, A DISTANCE OF 695.96 FEET; THENCE RUN NORTH 39°04'37" • WEST ALONG SAID NORTH LINE OF TRAIL ACRES UNIT 4 AND THE NORTH LINE OF SAID TRAIL ACRES UNIT 3,A DISTANCE OF 1081.98 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SOUTHWEST BOULEVARD; THENCE RUN NORTH 50°56'59" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1007.85 FEET TO AN INTERSECTION WITH SAID SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41 (TAMIAMI TRAIL); THENCE RUN SOUTH 39°03'26" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 77.05 FEET TO THE POINT OF CURVATURE OF A CURVE BEING CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 3210.55 FEET,A CENTRAL ANGLE OF 14°34'44"AND A CHORD BEARING AND DISTANCE OF SOUTH 46°20'49" EAST, 814.73 FEET, RESPECTIVELY; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE AND THE SOUTHERLY RIGHT-OF-WAY LINE, AN ARC DISTANCE OF 816.93 FEET TO THE SAID POINT OF BEGINNING. PL 2016 0000403 REV 1 S Copier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 ADDRESSING CH 15 4 ' Please complete the following and email to GMD_Addressing@colliergov.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 signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED.Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) 0 SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit 0 SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) 0 SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat 0 SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) 0 SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) 0 TDR(Transfer of Development Rights) ❑ PPL(Plans &Plat Review) 0 VA(Variance) • ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) J OTHER PDI LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) Section 32, Township 50S, Range 26E See Attached FOLIO(Property ID)NUMBER(s)of above(attach to,or associate with,legal description if more than one) 00439880008 STREET ADDRESS or ADDRESSES(as applicable,if already assigned) • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) CURRENT PROJECT NAME(if applicable) • PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(if applicable) • SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP_ or AR or PL# - PL 2016 0000403 REV 1 • Co rer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 • Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: ❑• Email Fax ❑ Personally picked up Applicant Name: Robert J. Mulhere, FAICP/Stephanie Karol, Permitting Coordinator Phone: 239-254-2018 Email/Fax: stephaniekarol@hmeng.com • Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 00439880008 Folio Number Folio-Number Folio Number • Folio Number Folio Number w Approved by: vim,� Date: 2/24/2016 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED INSTR 4492154 OR 4620 PG 1385 RECORDED 11/3/2010 2:26 PM PAGES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOCel.70 514,175.00 REG 527.00 CONS 52,025,000.00 • This Document Prepared By and Return to: Mark S.Weinberg,Esq. GrayRobinson,P.A. 1221 Brickell Avenue,Suite 1600 . Miami,FL 33131 Parcel ID Number: 00439880008 Speci: vr:r r . ;.. I eed This Indenture, Made this i •: 4141rnilin ^1 �u010 AD., Between, SpecialAcquisitions Holdings, Inc.,•a srpo • a ►b_• ,;,� , : ' .f .e State of Florida, grantor, and • Global Properties of Naples,LL : 1 • a .. +a a !n �'"" .: hose address is: 2614 Tamiami Trail North,Suite 615,Naples,Flo . , .`•- . =,` r --TEN DOLLARS($10)---- wifile9Setll that the GRANTOR,for and In••^. ,eration of the sum of ;.7 ------DOLLARS,and other good aria ' :• consideration to G' • i% , d paid by GRANTEE,the receipt whereof is hereby acknowledged,has granted,bargained and :• •4 .. ..'d GRANTEE : • 'y'• •"'" 'S heirs,successors and assigns forever,the following described land,situate,lying and being in the e. ..ty• `!1 I i ' • � arida to wit: SEE ATTACHED EXHIBIT"A" Subject to: 1.Real estate taxes for the year 2010 and subsequent years;and 2. Covenants,restrictions,and public utility easements of record,without any intention to re-impose same; and existing zoning and governmental regulations. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land;and Grantor does hereby fully warrant the title to said land against claims arising by,through or under the Grantor and will defend same against the claims of all persons claiming by, through or under Grantor,but none other. In Witness Whereof,the grantor has hereunto set its hand and seal the day and year first above written. • PL 2016 00 0 0 4 0 3 REV 1 OR 4620 PG 1386 0 Signed,sealed and delivered in our presence: A 7 Special Acquisitions Holdings,Inc. By: (11K-,1-,K-,1-i L•CJAA� (Seal) 00 Printed Name: rKt.ko,1 ` %wet c',' Alma Shuckhart Witness Title: Vice President P.O.address:6435 Naples Boulevard Naples,FL 34109 4,0„. ll `Y-4(1.til k ,D Printed Name: ,nnQ. _TA,,.,,_s f-, (Corporate Seal) Witness Q�'.L R CO j1�r?, STATE OF Florida COUNTY OF Collier 1 The foregoing instrument was . • . ed : ;, Lis 4C/ ,ay f "tioje ker• ,2010 by Alma Shuckhart, as Vice Pres del , ci 1 ., 1:01, :lir gs, Inc., a Florida Corporation, on • behalf of the corporation. She is ic ^o o • i •e p •• ced his Florida driver's license as I identification. e Now%, - -- �� I 1 ,l: DONNA M.7MeOlN �1 Prin'-. Nam 1.11 A �•lid40 ty!-'�jr.c 5 , a,, •. NolaryPMYc.=tate of v + Y,:,,-_-.....'- ltd• My Comm.Expires.h.7,2014 Op Notary Pub• Commission•OD N$7$$ L. ',1111: • .,••ires:14/.10/� qo.i.•.* goaded Thromh WWI Notary Axa I _....... ..... __ 4 .,_ — 14. • I I I *** OR 4620 PG 1387 *** • EDIT"A" LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN SECTION 32,TOWNSHIP 50 SOUTH,RANGE 26 FAST,COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND RUN SOUTH 02°48'46" WEST ALONG THE EAST • LINE OF SAID SECTION 32,A DISTANCE OF 1718.03 FEET TO AN INTERSECTION WTH THE BOUTeluip714MAY LINE OF U.S.HIGHWAY NO.41(T I ds i '%*TED!�+',•INT OF BEGINNING; THENCE CO j'' SOUTH 02° +; •lits. WEST ALONG SAID EAST LINE OF.7".....A ' A DISTANC A F •.4.02 FEET TO THE EAST QU .77 �,+ SE 0 32 AND THE NORTH LINE O' t ;4 T ' !`a�:4vei•UNIT 3 ASRECORDED I " •. PUBLICRECORDSOF CO i +• .i !• i .. D 0 BY INSTRUMENT RECO' itiii .1'` ' " r i '+` ,v• ' I ;4"'` 89, PAGE 792);THENCE RUN . 87°30'18"WE.'�. FORMER NORTH LINE O ;4 ACRES i .4 HE NORTH LINE OF TRAIL A4• r 4 AS RECO• i �! �+ PLAT BOOK 7, PAGE 103 OF SAID P to: ;�+r'-= 1 ' % ' 'OLLIER COUNTY,FLORIDA,A DISTANCE I -4,0,1,. , 3[i_•"0• •1 CE RUN NORTH 39°04'37" WEST ALONG SAID NORTH LINE OF TRAIL ACRES UNIT 4 AND THE NORTH LINE OF SAID TRAIL ACRES UNIT 3, A DISTANCE OF 1081.98 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SOUTHWEST BOULEVARD; THENCE RUN NORTH 50°56'59" FAST ALONG SAID EASTERLY RIGHT-OF--WAY LINE,A DISTANCE OF 1007.85 FEET TO AN INTERSECTION WITH SAID SOUTHERLY RIGHT- OF-WAY LINE OF U.S. HIGHWAY NO. 41 (TAMIAMI TRAIL); THENCE RUN SOUTH 39°03'26"EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 77.05 FEET TO THE POINT OF CURVATURE OF A CURVE BEING CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 3210.55 FEET,A CENTRAL ANGLE OF 14°34'44" AND A CHORD BEARING AND DISTANCE OF SOUTH 46°20'49" EAST, 814.73 FEET, RESPECTIVELY;THENCE RUN SOUTHEASTERLY ALONG SAID CURVE AND THE SOUTHERLY RIGHT-OF-WAY LINE,AN ARC DISTANCE OF 816.93 FEET TO THE SAID POINT OF BEGINNING. • AFFIDAVIT OF AUTHORIZATION • FOR PETITION NUMBERS(S) V1NGENTIAN PUG OVI-P1an1s•uo00403) . I. CHRIS SHUGART AND JAMES SHUCART (print name),as MANAGERS (title,if applicable)of GLOBAL PROPERTIES of NAPLES,LLC (company, If a Doable),swear or affirm under oath,that I am the(choose one)owner' 1 I applicant[ contract purchaserpand that 1. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County In accordance with this • application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and•that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize BOBMUU4Et>_,FAiCPAND RICHARD YOVANOVICH,ESQUIRE 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(LLC)or Limited Company(LC.), then the documents should typically be signed by the Company's'Managing Member.' • if the applicant is a partnership,then typically a partner can sign on behalf of the partnership. • if the applicant is a limited partnership, then the general partner must sign and be identified as the 'general partner"of the named partnership. • • If the applicant is a trust; then they must include the trustee's name and the words'as trustee'. • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury,I declare that I have read the foregoing Affidavit of Authorization and that • or- • ted :re true. • i PT, SW:MAR g Lure Date i /til Co • r S SHQCART _SIGNATURE ATE ATE OF FLORIDA COUNTY OF COWER • { l Tlh@ foregoing in ent was sworn to(or affirmed)and subscribed before me on 3( t r (date)by C.%1,►r15 (name of person providing oath or affirmation), as If"4wa.el 4 -6k) 4 who%personally known to me or who has produced (type of identification)as identification. trvc— • STAMP/SEAL Signature of Notary Public • NARCISO DOMINGO • _ SNOTARYNOTARY PUBLIC```_ STATE OF FLORIDA ``-"__ m Com *FF192A87 CP1011-COA-00115155 - REV 3/24/14 Expires 3/9/2019 DI 9111A nCIA n i. n 7 n.-.. Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Pre-Application Meeting Notes Petition Type: PDI Date and Time: March 2,2016 at 9:00 Assigned Planner: Fred Reischl Engineering Manager(for PPL's and FP's): Project Information Project Name: Vincentian PUD PL#: 20160000403 Property ID#: 00439880008 Current Zoning: MPUD Project Address: East Trail City: Naples State: FL zip: Applicant: Hole Montes Agent.Name: Bob MulherePhone: • Agent/Firm Address: 950 Encore Way clty: Naples State: FL zip: 34110 Property Owner: Global Properties of Naples Please provide the following,If applicable:. i. Total Acreage: 30 ii. _ Proposed#of Residential Units:-No. C14,4e 1vg iii. Proposed Commercial Square Footage: ,o©CI Q'c e( iv. For Amendments,Indicate the original petition number: v. If there Is an Ordinance or Resolution associated with this project, please indicate the type and number: 15-33 vi. If the project Is within a Plat, provide the name and AR#/PL#: • Cot r County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 • Meeting Notes neeP6-`5" G/4,442a F"z ADD 1'u ie 19,4 /efit. if Z--/ Ir. ALP: N/A,- 3IX = Rim • . _ _ • $ ntY III 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 REQUIREDRNOT EQUIRED Completed Application(download current form from County website) 16 /' ❑ Pre-Application Meeting notes 1 ® E Project Narrative,including a detailed description of proposed changes 16 `�� ❑ and why amendment Is necessary Detail of request /(i❑ F. ❑ eep Current Master Plan&1 Reduced Copy iF' E.,,t+APG /(,❑ ❑ Revised Master Plan&1 Reduced Copy ) /I'❑ C Revised Text and any exhibits /(�❑ X ❑ 4111 PUD document with changes crossed through&underlined Ant: SI PUD document as revised with amended Title Page with Ordinance# El Warranty Deed 3 ❑ ® 16.1 ❑ Legal Description [] 1 EDBoundary survey,if boundary of original PUD is amended 3❑ ❑ if PUD is platted,include plat book pages ❑ N _ List identifying Owner&all parties of corporation 2 _ CI Affidavit of Authorization,signed&notarized 2 ❑ Completed Addressing Checklist 1_- ❑ - - Copy.of 8X in.x 11 in.graphic location map of site 1 ❑ Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all materials ❑ 0 ❑ 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. III 6117/2015 Page 4 of 5 Ce0 411, ev Ccmnty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.coliiergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE.ROUTED TO THE FOLLOWING REVIEWERS: School District(Residential Components):Amy 1--1 Bayshore/Gateway Triangle Redevelopment: Lockheart Executive Director Utilities Engineerings Kris VanLengen ❑ Parks and,Recreation:Vicky.Ahmad • ❑ Emergency Management:Dan Summers ❑ rlapies Airport Authority:Ted Soliday ❑ Conservancy of SWFL:Nichale Ryan ❑ Other: ❑ City of Naples:Rollin Singer,.Planning Director ❑ Others • I 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,ail required submittal matertais,and fees shall be submitted-to: • Growth Management Department/Planning and Regulation ATTN:Business Center 2800 North Horseshoe Drive Naples; FL 34104 Applicant/Owner-Signature Date Applicant/Owner Name(please print) • • • • 6/17/2015 Page 5 of 5 SITE DEVELOPMENT REVIEW TYPES ARC-Alternative Architectural Design $ 150.00 ASV-Administrative Sign Variance $ 50.00 • AVA-Administrative Variance $ 140.00 BD-Boat Dock $ 100.00 CARN-Carnival/Circus Permit $ 100.00 CNST-Construction Plans $ 100.00 CSP-Conceptual Site Plan $ 75.00 CU-Conditional Use $ 150.00 CUE-Conditional Use Extension $ 50.00 DOA-Development Order Amendment $ 120.00 DRI-Development of Regional Impact 5 200.00 DRIA-Development Order Abandonment No Charge ICP-Insubstantial Change to Construction Plan $ 100.00 LDCA-Land Development Code Amendment $ 150.00 MUP-Mixed Use Project $ 200.00 MUPD-Mixed Use Project Deviation $ 150.00 NPSP-Neighborhood Park Site plan $ 50.00 NUA-Non-conforming Use Alteration $ 100.00 NUC-Non-Conforming Use Change $ 100.00 PDI-PUD Insubstantial Change $ 100.00 PMC-PUD Minor Change $ 50.00 PNC-Project Name Change $ 65.00 PPL-Plans and Plat Construction $ 100.00 PPLA-Plans and Plat Construction Amendment $ 50.00 PREP-Pre-Application Meeting $ 75.00 PREQ-Pre-Acquisition Meeting $ 75.00 PSP-Preliminary Subdivision Plat $ 150.00 • PSPA-Preliminary Subdivision Plat Amendment $ 100.00 PUDA-Planned Unit Development Amendment $ 125.00 PUDR-PUD to PUD Rezone $ 125.00 PUDS-PUD Sunsetting $ 50.00 PUDZ-Planned Unit Development $ 150.00 RZ-Rezone $ 100.00 SBDC-School Board Determination of Completeness No Charge SBR-School Board Review No Charge SBRI-School Board Review Insubstantial Change No Charge SDP-Site Development Plan $ 200.00 SOPA-Site Development Plan Amendment _ $_ 150.00 SDPI-Insubstantial Change to SDP $ 100.00 SIP-Site Improvement Plan $ 150.00 SIPI-Insubstantial Change to SIP $ 100.00 SNNP-Street Name Change Unplatted $ 65.00 SNR-Street Name Change $ 65.00 SRA-Stewardship Receiving Area $ 1,000.00 SRAA Stewardship Receiving Area Amendment 5 300.00 SRDC-Stewardship Receiving Area Determination of Completeness $ 150.00 SRDD-Stewardship Receiving Area Alternative Deviation Design $ 150.00 SV-Sign Variance $ 50.00 TU-Temporary User Permits $ 100.00 UDP-Unified Development Plan $ 150.00 VA-Variance $ 100.00 VAC-Vacate $ 100.00 - QTsp. 905T1-Ptc SiiQtpti-) - I 0 With respect to all Site.Development review types,the Fire Code Official or his designated representatilve retains the right to make an initial determination as to whether the proposed scope of work impacts fire codes and therefore,whether a review Isnecessary or unnecessary. If deemed unnecessary,a minimum fee of$30.00 will be collected for administrative processing of the request. • Co er col pity COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT QEVARTMENT NAPLES,FLORIDA 34104. www,colliergov.net (1.39)252-2400 FAX 039)252-5724 • • 7" Ar}a y • _7' R:Y.��k:F4.fir,.: ;8::.-; r r. r.sa'S•"5; t pp '•p�:�pb c1�+�A�,.�prr ��(��p • "�1•• •�:•: ,`Y b: ?r.r. ••1 l D.!!'”WP�R,'�°�iY•�,. �+ H.0-1 �....� :*;;;*•,-.• Please complete the following and email to GMD Addressing@ooftierg•ov,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 s'gned by Addressing personnelprior to pre-application meeting,please allow 3 days for processing. Not all Items will apply to every project. -Items In bold type are required. FOLIO NUMBERS MUST BE PROVIDED.Forms older than'6months will require additional review and approval by the Addressing Section. PETITION TYPE(Indicate type below,.complete-a separate Addressing Checklist for each Petition type) ❑ al-Pasting Permit) ❑ SDP(Site Development Plan) ED(Boat Dock Extension) 0 SDPA(SDPArnendment) ]� Carrilval/Circus Permit ❑ SDP!(Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) EXExcavation Perm . P.f it) _ _ . .❑ 'SIP)t;7nsilbstaritis!Change toSll}) ❑ FP(Final Plat 0 SNR(Street Name Change) C LLA(Lot Line Adjustment) C] SN.0(Street Name Change--Unplatted) • C PhiQ(Project Name Change) ❑ TDR(Transfer of Development Rights) 0 PPL(Pians&.Plat Review) ❑ VA(Va#iance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ •VRSFP(Vegetation Removal&:Site Fill Permit) ❑ RZ(Standard Rezone) 0 OTHER Pot • LEGAL DESCRIPTION of subject property or properties(copy of lengthy description maybe attached) Section 32,Township 50S:, Range`26E gee Attacked FOLIO(Property ID)NUMBER(s)of above reach fa,Or associate with,legal description if more than one) 0043.9.880008 STREET ADDRESS orADDRESS•Ee(as Op/3116 le,if abeady assigned) LOCATION MAP must be attached showing exact location of project/sae In relation to nearest pubtio road right- of-way • SURVEY(copy needed only for unpiatted•properties) CURRENT PROJECT NAME(!fapplioable) PROPOSED PROJECT NAME(If applibebfe) PROPOSED STREET NAMES Orapplioable) • • • SITE DEVELOPMENT PLAN NUMBER rot-existing projects/ages only) SDP^ or AR or PL# • • i • S Colt County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 Win,W.colliereov.net. (230'252-2400 FAX (239)252-5724 • Projector development names proposed for,or already appearing fn,condominium documents(if application; Indlcats whether proposed or existing) Please Return Approved Checklist By: 2 Email ❑ Fax ❑ Personally picked up Applicant Name: Robert J. Where, FAICP/Stephanie parol, Permitting Coordinator • Phone: 239-254-2018 Email/Fax;stephaniekarol@hrrieng.com Signature on Addressing Checklist does not constitute Project and/or Street Name 110 fie I. approval and is subject to further.•review by the Operations Division. • • FOR STAFF USE ONLY Folio Number 00439880008 Follo.Number • Folio Number • Folio Number Folio Number Polio Number,. • • Approved by: -- 1144 Date: 2/24/2 016 Updated by:, Date: W OLDER THAN 6 MONTHS, FORM MUST BE • UPDATED OR NEW FORM SUBMITTED Co er County IIICOLLIER COUNTY GOVERNMENT 2800.NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT • NAPLES,FLORIDA 34104 www.coiliereov.net (239)252-2400 Pre-Application Meeting Sign-In Sheet PL#:20160000403 Collier County Contact information: _ Name Review Discipline Phone Email 11 Richard Anderson Environmental Specialist 252-2483 richardanderson@colllergov.net ❑ David Anthony Environmental Review 252-2497 devldanthony@colliergov.net ❑ Surnmer.Araque Environmental Review 252.6290 summerbrowna•raque@colliergov.net ❑ Steve Baltich,P.E, Transportation Planning 252-2361 StephenBaluch@coiliergov.net Laurie Beard Transportation Pathways 252-5782 Lauriebeard@calliergov.net Rachel Beasley Planner 252-8202 rachelbeasjey@calllergov,net ❑ Marcus Berman County-Surveyor 252-6885 MarcusBerman@cofllergov.net ❑ MadelinBunster. • • Architectural Review - 252-8523 madelinbunsterat?oalilergov,net ❑ MarkBurtchitt ROW Permitting 252-5165 markbuurtchln@colliergov,net ❑ George Casclo Utility Billing 252-5543 georgecascio@coillergov,net • . 4110 0 Heidi Ashton Clcko Managing Asst,County Attorney 252-8773 heldtashton@colllergov.net 0. Sue Faulkner Comprehensive Planning 252-5715 •suefaulkner@colllergov.net ❑ Eric Fey,P,E. Site Plans Reviewer 252-2434 ericfey@colliergov.net ❑ Paula Fleishman Impact Fee Administration 252-2924 paul,afleishman@cofliergov.net ❑ Nancy Gundlach,AICD,PLA Zoning Services 252-2484 nancygundjach@colliergov.net ❑ Sher Hingson East Naples Fire District 687-5650 shingson@ccfco.org • ❑ John.Houldsworth Engineering Services 252-5757 johnhouidsworth@colliergov.net ❑ Jodi Hughes Transportation Pathways 252-5744 jodihughes@coillergov.net ❑ Alicia Humphries Site Plans Reviewer/ROW 252-2326 aiiciahumphries@coiliergov.net _ _ ❑ Ericlohnson,ALCP,CFM Zoning Services 252-2931 ericjohnson@colliergov.net ❑ Marcia Kendall Comprehensive Planning 252-2387 mardakendali@colllergov.net Stephen Lemberger Environmental Review 252-2915 •steveienbergertilcolliergov.net ❑ .Paulo Martins Utilities .252.4285 pauloma.rtins@colfiergov.net ❑ Thomas Mastroberto. Fire Safety 252-7348 Thomasmastroberto@colliergov.net. ❑ Jack McKenna,PI, Engineering Services 252-2911 jackmckenna@colfiergov.net ❑ Matt McLean,P,E. Principal Project,Manager 252-8279 matthewmclean@coIliergov.net ❑ Gilbert Moncivalz Utility impact Fees 252-4215 gilbe•rtmonciva.it@collfergov.net ❑ Annis Moxam Addressing 252-5519 annismoxam@colliergov.net ! ❑ Stefanie Nawrocki Planning and Zoning 252-2313 StefanieNewrocki@calliergov,net • 0 Mariam Ocheltree Graphics 252-2315 mariamocheitreeecoiiiergov,net 0 Brandy Otero Transit 252-5859 brandyetero@coiliergov.net Co r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE III GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.coltiergov.rtet (239)252-2400 ❑ Brandi Pollard UtilityImpactfees 252-6237 brandipollard@colliergov.net Fred,Reischl,AICP Zoning Services 252-4211 fredreischl@colllergov.net ❑ Stacy Revay Transportation Pathways 252-5677 , stacyrevay@colliergov.net O Brett Rosenblum,P.E. Utir. Plan Review 252-2905 brettrosenblurn@colliergov.net Michael Sawyer i4Eits- 252-2926 michaelsawyer@colliergov.net Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt@coiliergov..net _ Chris Scott,AICP Planning and Zoning 252.2460 chnsscott@colliergov.net ❑ Daniel Smith,AICP Landscape Review 252-4312 danieismith@colliergov.net ❑ Ellen Summers Planning and Zoning 252-1032 Ellen5ummers@colllergov.net Scott Stone Assistant County Attorney 252-8400 , scottstone@colllergov.net ❑ Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@coiliiergov.net O .Kris VanLengen Utility Planning 252-5366 krisvanlengen@colliergov.net ❑ Jon Walsh Butiding Review 292-2962 jonathanwalsh.@colfiergov.net • David Weeks,AICP Future hand Use Consistency 252-2306 •davidweeks@coltiergov.net ❑ Kirsten Wilkie Environmental Review 252-5518 kirstenwtikle@colliergov.net ❑ Christine Willoughby Planning and Zoning _ 252-5748 ChristineWilloughby@cofliergov.net III Additional.Attendee Contact Information: Name Representing Phone •Email aMitt/A-eA __ VI nie-ePha 1 . A Ansy /31 11k/ car, (? pp C.44 - Cwt l?t 4 o r 45 CI,K5e.:XS R �. P cam.., ,it qu-`)`+" d+tV C 1Z 1134-1 -11 •i 9 ict ewo4 h el,€) c./f \ 1-' . c tp.+-- tr I"tL°SG A V;Vt.Ce+�411r{.�,t, 1 R eCGik0elavtds0h 'Oh.�. te- - . 6 � n � -1uO rcAVI+► C bt S_ 2S'221 ��.,aca•....i ►o.r. coil iw-1 !+.�r' Ike/IMA)95"6-1( - (ileac. 4W 'z ,w n-5 -ant 0 AGENDA ITEM 4-G Colifer County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION-ZONING SERVICES SECTION HEARING DATE: JULY 14,2016 SUBJECT: VA-PL20150001706,606 SUNSET COURT PROPERTY OWNER/AGENT: Owner: 606 Sunset Court Trust Agent: Matthew L.Jones Alexander Oppliger,Trustee Post Office Box 2150 5091 Cherry Wood Drive Naples, FL 34106 Naples. FL 34119 REQUESTED ACTION: To have the Collier County Hearing Examiner(HEX)consider an application for a Variance from Section 5.03.06 E.S. of the Land Development Code to reduce the side setback requirement for boat dock facilities on lots with water frontage of 60 feet or greater from 15 feet to 7.5 feet for a proposed replacement boat dock facility that will be constructed approximately 7.5 feet from the riparian line on both sides of the boat dock facility. GEOGRAPHIC LOCATION: The subject site is located at Lot 14, Block E, Goodland Isles First Addition, also described as 606 Sunset Court in Section 18, Township 52 South, Range 27 East,Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The .12+1- acre property has an existing mobile home with an existing boat dock with zero side yard setbacks. The existing boat dock does not meet current setback requirements from riparian lines. Property Appraiser aerials show that a boat dock has been in existence since, at least, 1985, and is thus a legal nonconforming structure. The permitting of the boat dock is unverifiable. The determination of legally nonconforming status is established by LDC 9.03.03 B.2.a which states that legal nonconforming status is established by the presentation of a copy of the Property Appraiser's record as dated aerial. showing that the facility existed prior to 1990. The purpose of this petition is to request a reduction from the minimum required 15-foot side yard setback for a lot platted at a water front width of 60 feet. The applicant seeks to alter the current dock that extends from property line to property line across the entire width of their water frontage. The applicant obtained the property in 2015 and thus did not create the current dock configuration. The applicant is VA-PL20150001706.606 Sunset Court Page 1 of 7 was Irei ■M © ME ® 0® pe ® e a al CC N ISOak 0E11 rim 4111 I 2z. 25 hAydzted 8 • 0 ;Oa s E.gam.(:: ),.5..,: sa viro,...„„ Ilieta tiara§Oa°1111.0110 Tama 41-2 ga a9 _ oilli aim or tossww ‹I a a bow v �00E- 'QST (L ra,upp1/4:0 0 de off, um 4u4 Tel 100 airs < Itt„ vi d� sc 4 t. w Its- Q {� 0 f4mr""(VI WI s 1311 cc 011111 — ca rga--I 0 swamSaittlirrA IglieA N mego So 6J13SNfSl y oral Co puri Jpw a a ISLAND VILLAGE r m ALUSA Si a� OpH M� CITY LIMIT us -UMWMARCO - 1111 N J a , ITV3S CIL;.D/1 ci >; Z vI 0 / i- z V - litV f U I , p W l§ Q o it --N- a CK 0 / S t a ‘1,01 -1 141 / ff v1.7/ P r imV J z /F i 0 ��„ Q ti ,, r1 a-P --- pod(Specs. Er 25cca treated PVC wrapped pilings Stainless steel bolts and deck screws t rxe'cca rough sawn stringers AZEK(Original Harvest Collection)decking Litt Specs r-io-Butt Pilings cca treated pvc wrapped pilings Stainless steel hardware Manmade Can Proposed Dock Addition (190 Sq FL) t279" — S' 19 —• • • • ----, I -----, ---10. Proposed . Proposed Proposed 10,0001..b -s 7,000 Lb. 17 Dock Addition ,11--.. , nurn-A-Vator -11,--. 1 Alum-A-Valor (21 Sq.FL)- --- .: \ -1 : \ I- I 2f/ 4' i -••............... -28..r._ 12 Proposed 1 -....,_ . ---- . Proposed Removal of Removal of Existing Dock 1 s- Existing , Section -- , 6' ' 0 1 6 Dock . (5x76") Section (eXT6) .i. .4 _ .... , b. 75' b- 4 45' 4- 1• 75 4 Existing Propdsed Wall Repair of E A Existing Dock (222 Sq.Ft) I ct: 1 1 • ,+ Name OPpliger Address606 Sunset Ct. 1 ! I North dill Nelson . I Scale;1"=1 0' marine cons ructionDate 6/8/16Approval DWG-NO DPOP;per Dock Donn seeking to modify the existing dock to 7.5 side yard setbacks on both sides as depicted on the attached conceptual site plan. The subject property is zoned Village Residential Goodland Zoning Overlay(VR-GZO). SURROUNDING LAND USE& ZONING: North: Sunset Court Right-of-Way (ROW) and then a parking lot zoned General Commercial District Goodland Zoning Overlay(C-4 GZO) East: Single family residence zoned VR-GZO then a man made waterway South: Man made waterway West: Single-family residence zoned VR-GZO - .ria a sem, _" + i q �Itt :«a� `' +ten' ,� St" !* 'r` V 4 "'l*St" { ` a 777 ii ♦ , 4.0 ♦ ..,.. - a fig+ - O . 11404,CT 4% i1. rS� .., •.....- . , ir t - - •'1 4t , Ilk . is leVW"'.- - ilhis,t illit ,..--,-„,‘ ,I IIII 11 Iglikrl't Aerial photo taken from Collier County Property Appraiser website GROWTH MANAGEMENT PLAN (GMP)CONSISTENCY: The subject property is located in the Urban Coastal Fringe Subdistrict land use classification on the County's Future Land Use Map (FLUM). The purpose of this subdistrict is to provide transitional densities between the Conservation designated area (primarily located to the south of the Subdistrict)and the remainder of the Urban designated area(primarily located to the north of the Subdistrict). 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: VA-PL20150001706,606 Sunset Court Page 4 of 7 a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land,structure or building involved? No, there is no land-related hardship. There are no special circumstances peculiar to the location, size and characteristics of the structure or building involved. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property,which are the subject of the Variance request? Yes. The boat dock's conditions and circumstances are preexisting to the applicant's ownership. Per historical Collier County Appraiser aerial photographs, a dock existed on this property prior to 1990. Moreover, this was a Code Enforcement Case but later resolved because a Collier County Property Card shows an existence of a dock prior to 1970 and thus permit verification is unverifiable,see Attachment B. While the applicant is proposing the new dock to protrude further into the waterway than the existing dock, it should be noted that per the LDC, Section 9.03.03 B.2. due to the dock's existence prior to 1990, if the applicant were to leave the dock as is, it would be permitted to stay in its current footprint. 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. Per Collier County Appraiser aerial photographs,other boat docks in the neighborhood appear to not meet riparian line setbacks and thus would create a practical difficulty to the applicant. Moreover, the applicant states that it would be "much more difficult to approach, enter, and leave the dock" which would necessitate a boat dock that would extend greater than 20 feet and thus require a boat dock extension. d. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. The proposed boat dock configuration is reasonable while still allowing safe access and navigation of a vessel and the waterway. 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. Goodland is a boating community and an aerial view shows not only many boat docks in the area but boat docks that may not conform to LDC riparian line setback requirements. Moreover, many of the surrounding neighbors have signed letters stating no-objection to the variance. No letters of objection have been received. 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? VA-PL20150001706,606 Sunset Court Page 5 of 7 Yes. The nature of Goodland is a boating/fishing town and as can be ascertained from aerial views many residences have boat docks. 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's Office reviewed this staff report on June 16,2016. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition VA-PL- 20150001706, 606 Sunset Court with one condition: • The boat dock facility, including all vessels and/or watercrafts, shall not protrude further than 20 feet beyond the southerly waterfront property line. ATTACHMENTS: A.Application B. Code Enforcement Report VA-PL20150001706,606 Sunset Court Page 6 of 7 PREPARED BY: g‘&4.1 6/1‘fic RACHEL BEASLE , PLANNER DATE ZONING DIVISION REVIEWED BY: 6 16 RAYMitio 11 V. BELLOW ING MANAGER DATE ZONI DIVISION 17-10 MICHAEL BOSI, AICP. DIRECTOR DATE PLANNING AND ZONING DIVISON II VA-PL20150001706,606 Sunset Court Page 7 of 7 Co el' County PL 2015 00 017 0 6 REV 1 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE . GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.collierAov.net (239)252-2400 Pre-Application` ' Meeting Notes Petition Type: VaJ c.c. Witior o cal off + Date and Time: $'2 S- 1S- Assigned SAssigned Planner: u-Ine 1 5 ec.51e Engineering Manager(for PPL's and FP's): Project Information Project N me: (o0 to Sunse+ Cour i- PL#: L t o!s - Property ID#: L 61-11.2,5 /0 001 Current Zoning: J(& &LQ Project Address: to O(o Su,nsel Cwt City: (t ea„y State: ft_ Zip: 31-i 14 0 Applicant: •:.14‘.1_ LD ie 1,tuwa.e.f C.c`u-'* lSu as . 4.404v,e(.2.),, • Agent Name: 111a aAA) vwy Phone: 2.31 - 555- - Agent/Firm Address: PA aik.hQL)l.fone 4ilArD.`p ity: State: Zip: Property Owner: Please provide the following,if applicable: I. Total Acreage: •\2 ii. Proposed#of Residential Units: iii. Proposed Commercial Square Footage: Iv. For Amendments,indicate the original petition number: 0 v. If there is an Ordinance or Resolution associated with this project, please Indicate the type and number: S25 vi. If the project is within a Plat,provide the name and AR#/PL#: to4rAmiNIA. .YixxL9 azi P . g • Attachment A Co County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.collIergov.net (239)252-2400 Meeting Notes J S f• 4 -IAciig J (19( ck cJ r1-• C' -iw;ekopf C, vt 4 ,- b dog o t - o Jtlyvtier Jani:alvZ-Ly. )1rwldvekalAi0 AD-Cbt.LiakciAN4 toy V CLAA.Y.4..nevxj, tx,pfe.A, . • • Residential Boat Dock Extension Checklist 132. Is there an overlay? ST overlay needs an ST permit(much of Isle of Capri&Keewaydin has an ST Overlay over the water) 133.5 s or seagrass beds within 200 feet of any proposed dock facility shall be identified n an aerial photograph. (LDC 5.03.06 I) Provide a submerged resources survey from an Environmental Consultant done between April and October. 134. 1 proposed dock facilities shall be located and aligned to stay at least ten feet from any existing seagrass beds, or meet restrictions for continuous beds.(LDC 5.03.06 J.) 135. : ovide complete answers to Secondary Criteria#5 &#6. 36. i monstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom communities have been minimized.(LDC 5.03.06 I.4) 137.The dock shall be field adjusted to minimize impacts to mangroves.(LDC 5.03.06 I.2) Remove this checklist item—look at LDC? 138.Provide a clearing plan for removal of any vegetation related to the boat dock. This is simply an information exhibit being requested. 411 139. Are there any draft restrictions? Look at the MPP. Keewaydin: - Zoning information:Boat Dock can be the primary use;can have a BD without a house (this is not the case in most of the County; a house is needed to have a boat dock) - Most always need an ST permit—water and land have ST Overlay Seagrass: - Light penetration is needed to survive • Natural Resources Drive:\Environmental Forms\Cityview\Checklists\2010 CO er County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE III GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.collieraov.net (239)252-2400 Pre-Application Meeting Sign-in Sheet PL#: Collier County Contact Information: Name Review Discipline Phone Email ❑ Richard Anderson Environmental Specialist 252-2483 richardanderson@colliergov.net O David Anthony Environmental Review 252-2497 davidanthony@colliergov.net l ❑ Summer Araque Environmental Review 252-6290 summerbrownaraque@colliergov.net ❑ Steve Baluch,P.E. Transportation Planning 252-2361 , StephenBaluch@colliergov.net Laurie Beard Transportation Pathways 252-5782 Lauriebeard@colliergov.net Rachel Beasley _ Planner 252-8202 , racheibeasley@colliergov.net ❑ Marcus Berman County Surveyor 252-6885 MarcusBerman@colliergov.net ❑ Madelin Bunster Architectural Review 252-8523 madeiinbunster@colliergov.net ^❑ Mark Burtchin ROW Permitting 252-5165 H markburtchin@colliergov.net ❑ George Cascio Utility Billing 252-5543 georgecascio@colliergov.net _❑ Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heidiashton@colliergov.net • O Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@colliergov.net O Eric Fey,P.E. Site Plans Reviewer 252-2434 ericfey@colliergov.net _❑ Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@colliergov.net O Nancy Gundlach,AICP,PLA_ Zoning Services 252-2484 nancygundlach@colliergov.net O Shar Hingson East Naples Fire District _ 687-5650 shingson@ccfco.org O John Houldsworth Engineering Services 252-5757 johnhouldsworth@colllergov.net ❑ Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net ❑ Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphries@colliergov.net mP H ❑ Er' Johnson,AICP,CFM Zoning Services - 252-2931 ericJohnson@colliergov.net ❑ arcla Kendall Comprehensive Planning 252-2387 marciakendall@coiliergov.net Stephen Lenberger Environmental Review 252-2915 stevelenberger@colliergov.net O Paulo Martins Utilities 252-4285 paulomartins@colliergov.net ❑ Thomas Mastroberto Fire Safety 252-7348 _Thomasmastroberto@colliergov.net ❑ Jack McKenna,P.E. Engineering Services 252-2911 jackmckenna@colliergov.net _❑ Matt McLean,P.E. Principal Project Manager 252-8279 _matthewmdean@colliergov.net 1 ❑ GilbertMoncivaiz Utility Impact Fees _ 252-4215 gilbertmoncivaiz@colliergov.net ❑ Ann is Moxam Addressing _ 252-5519 annismoxam@colliergov.net ❑ Stefanie Nawrocki Planning and Zoning 252-2313 StefanieNawrockl@colliergov.net O Mariam Ocheltree Graphics 252-2315 mariamocheltree@colliergov.net O Brandy Otero Transit 252-5859 brandyotero@colliergov.net III Co er County COLUER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.collierlirov.net (239)252-2400 ❑ randi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net Fred Reischl,AICP Zoning Services 252-4211 fredreischl@colliergov.net - CIStacy 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@colliergov.net ❑ aniel Smith,AICP Landscape Review 252-4312 danielsmith@colliergov.net ❑ Ellen Summers Planning and Zoning 252-1032 EllenSummers@colliergov.net tt 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 O Jon Walsh Building Review 252-2962 jonathanwalsh@colliergov.net ❑ David Weeks,AICP Future Land Use Consistency 252-2306 davidweeks@colliergov.net O Kirsten Wilkie Environmental Review 252-5518 klrstenwilkie@colllergov.net ❑ Christine Willoughby Planning_and Zoning 252-5748 ChristineWilloughby@colliergov.net • Additional Attendee Contact information: ame Represents �l[fu Phone Email k it. nlimkiip _ i 1 44i.555k C6ib.ie it 1104 COW i i " G«•,a1 , '444"? dA c st , e-0°a 4110 • L CO County III 1 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Appikation Meeting and Final Submittal Requirement Checklist for: Variance/.3 00.x. '/0 O(X Chapter 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 time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal Items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. i REQUIREMENTS FOR REVIEW •II OF COPIES REQUIRED NOT. REQUIRED Completed Application(download current form from County website) 1 (p Pre-Application Meeting Notes 1 • Project Narrative Q (9 f : : Completed Addressing Checklist 1 Conceptual Site Plan MEM and one 8)4"x 11"copy I] (p • Survey of property showing the encroachment(measured in feet) 2 Affidavit of Authorization,signed and notarized 2 Deeds/Legal's 3 Location map 1 4- 1 Current aerial photographs(available from Property Appraiser)with • project boundary and,if vegetated,-fttlCPtlfodes with legend 5 [l 0 included on aerial Historical Survey or waiver request 1 14:/.1 Environmental Data Requirements or exemption justification 3 1. Once the first set of review comments ore posted,provide the assigned 1 Q planner the Property Owner Advisory Letter and Certification Electronic copy of all documents and plans 0 *Please advise:The Office of the Hearing Examiner requires all 1 Si 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. I f 1 III 1 6/4/2014 Page 5 of 6 , .. ....,_ III Co county COLLIER COUNTY GOVERNMENT Z800 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 El Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet ❑ Addressing:Annis Moxam El Graphics:Mariam Ocheltree ❑ City of Naples:Robin Singer,Planning Director ❑ Historical Review _ ❑ Comprehensive Planning:See Pre-Application ❑ immokaiee Water/Sewer District: Meeting Sign-in Sheet Conservancy of SWFL:Nichole Ryan Parks and Recreation:Vicky Ahmad County Attorney's Office:Heidi Ashton-Clcko Transportation Pathways:Stacey Revay ❑ Emergency Management:Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlock ❑ Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky ❑ Other: ❑ Utilities Engineering:Kris VanLengen FEE REQUIREMENTS ❑ Pre-Application Meeting:$500.00 SQ Variance Petition: o Residential-$2,000.00 o Non-Residential-$5,000.00 o 5"'and Subsequent Review-20%of original fee ❑ Estimated Legal Advertising Fee for the Office of the Hearing Examiner.$925.00 ❑ After The Fact Zoning/Land Use Petitions:2x the normal petition fee O 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 COLDER COUNTY GOVERNMENT MO NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVSION NAPLES,FLORIDA 34144 www.colllsesov rat '23912522400 FAX:(239)252.6350 THIRD AMENDED** 1 -- PROJECT NUMBS To be completed by staff PROJECT NAME DATE PROCESsED 4111111111111, - Nerve of Applkant(s):The 606 Sunset Court Trust,Alexander Oppliger,Trustee • 5091 Cherry Wood Drive ay. Naples state: Florida zip: 34119 Telephone; N/A cell: 239-249-4809 Foe N/A E-Mail Address: alex@axop.com Name of Agent Matthew L. Jones Arm: Address: Post Office Box 2150 dty: Naples state: Florida ap: 34106 Telephone: 239-649-8050 Cell: 239-595-8075 iwc 239-649-8057 E-Mail Address: mjones@attomey shapiro.com BE AWARE THAT COWER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPUANCE WITH THESE REGULATIONS. -- This Third Amended Variance Petition is being amended to correct the Parcel Identiflaction Number set forth on Page Two of the Second Amended Variance Petition which notes the Parcel Identification Number as being 4642250009 when if fact It should be 46422520009. • 6/4/2014 Page 1 of 6 ....4.- 0 a jkoCej,LawitY .-• I COLDER COUNTY GOVERNMENT ialO NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.co111ersw.net (239)252-2400 FAX:(239)252.6358 Provide a detailed legal description of the property covered by the application: (if space is Inadequate,attach an separate_page) _ Property I.D.Number:46422520009 section/Township/Range: 1 52 /27 subdivision: Goodland Isles, 1st Add., PB 8, PG1 Unit: N/A Lat: 14 gid E Metes i Bounds Description: N/A TotalRamo .12 Address/General Location of Subject Property 606 Sunset Court, Goodland, Florida 34140 Zing Land Use • N S C.4 OZO NIA- uu.. Land NIA waterfront E VR-GZO R..Md iIi—MobM hbn. - W VR-GZO ReeIdmes— t4s Home Minimum Yard Requirements for Subject Property: Front 25' Corner lot: Yes 0 No NI Side: 51 Waterfront lot: Yes ® No ❑ Rear: 25' Chapter 8 of the Administrative Code requires that the applicant must remove their pubNc 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 pubic hearing advertising sign(s)immediately. • 6/4/2014 Page 2 of 6 • vsq&Slimeima.0/0001 COLUER COUNTY GOVERNMENT MO NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collieneov.net (239)252+2400 MX:(239)252-6358 Complete the following for all registered Associations)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 htto://www.colliervov.net/Index.asox?Dasre=774. Name of Homeowner Association: NOT APPLICABLE Meiling Address: City: State: ZIP; Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: r._ Slate: . ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: • Mailing Address: City: ZIP: • On a separate sheet,attached to the application,please provide the following: 1. A detailed explanation of the request induding 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. Far projects authorized under LDC Section 9.04.02,provide a detailed description of site alterations, Inducting any dredging and fllfing. 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 Mowing 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 • COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 • www.cogIsraay.net (239)2524400 FAX:(239)252.6358 b) Are there special conditions and drcumstances which do not result from the action of the applicant such as pre-epstlng conditions relative to the property which Is the subject of the variance request c) WII 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) WII the variance, if granted,be the minimum variance that wit 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) Wil 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 amelorate 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. Offidal interpretations or Zoning Verifications: To your knowledge,has there been an offidal Interpretation or zoning verification rendered on this property within the last year? ❑Yes MI No If yes,please provide copies. • 6/4/7014 Page 4 of 6 ail 4:, • • • COWER COUNTY GOVERNMENT 7800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.eolleii v net (239)252-2400 FAX:(239)2524359 - The following Submittal Requirement Cheddist is to be utilized during the Pre-Application Meeting and at time of application submittal. At time of submittal,the cheddist 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 submittak will not be accepted. • • -- - .•n downbed currant form from website ■ ■ p •• [dation _ Notes 1 ■11.11.111011.1 . • - Narrative 11111M11111•1M011111•01111111 1 111111■1111111111111111111 lSitePian24Rx3radoneeN"x1Yco� �M��■��NNE Su of• •1,,jj showi the enaoscfhment measured in feet 2 11111.1.11=1111111111 L.t l.•....,/1 •1 _ V• I' J•..11 4 ..•and notarized 2 -■-_I�I� •- r rs 3 .11111■.1111.111M11 •r_.•.•.1 II • 1 -■--•_ • Current aerial photographs(available from Property Appraiser)with project boundary and,If vegetated.FLl1CFCS Codes with legend 5 0 0 Included on aerial Historical Su or waiver nest 1 111111111111111111111111. - Environmental Data • ulrements or exam• •• - on 3 ■1111111.111111111 *• 1. - • • ' ' •• , • • •I.I'• •' • • I f . , L. ❑ anner the P •• Owner • .-• ' Letter and Certification on 1 _ Electronic copy of all documents and plans 'Please advise:The Office of the Hearing Examiner requires all 1 0 0 materials to be submitted electronics in PDF format ADDmONAl.REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials ddectronicaliy 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 k911201tY0 COWER COUNTY GOVERNMENT MOO NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,RORIDA 34104 • www.coEleritov.net (239)252.2400 FAX:(239)2524358 Planners;Indicate If the petition needs to be routed to the following reviewer= ❑ Bayshore/Gateway Triangle Redevelopment ❑ Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet Addressing;Mnis Mourn uGraphics:Mariam Ocheitree City of Naples Robin Singer,Planning Director Oil Historical Review ❑ Comprehensive Planning:See Pre-Application 0 Immokalee water/sewer District: MeetingSignan Sheet 8 Conservancy of SWFL:Michele Ryan Parks and Recreation:Vicky Ahmad County Attorney's Office:Heidi Ashton-Giro Transportation Pathways:Stacey Revay ❑ Emergency Management:Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Headlock • 0 Engineering:Alison Bradford ❑ Transportation Plaminc Jahn Padcaenrhsky 0 Other: , ❑ Utilities Engineering:Kris Vanlsngsn • U Pre-Application Meeting:$500.00 U Variance Petition: o Residential-$2,000.00 • o Non-Residential-$5,000.00 o Sa and Subsequent Review-20%of original fee U Estbriatad Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 U After The Fact Zoning/Land Use Petitions:2x the normal petition fee U Listed Spades Survey(If ELS is not required):$1,000.00 All checks payable to:Board of County Commissioners The completed application,aft required submittal materials,and the permit fee shaft be submitted to: Growth Management Division/Planning and Reguiatlon • Business Center 2800 0 North Horseshoe Drive Naples,FL 34104 �� • Jun, 30,2016 Arm' nt Signature Date • i L. P ed Name • 6/4/2014 Page 6 of 6 I I NATURE OF PETITION • L (BACKGROUND AND PRE-APPLICATION MEETING HISTORY) The Trust purchased the property located at 606 Sunset Cove, Marco Island, Florida (hereinafter referred to as the"Property")on March 27,2015.A true and correct photocopy of the Warranty Deed reflecting the purchase is attached hereto as Exhibit"A". Subsequent to the Trust's purchase,the Trust began the application process for upgrading and/or renovating the existing dock r As part of the application process,the Trust had the property surveyed. The Survey found the Property to be 59'92"wide. A true and correct photocopy of the survey is attached hereto as Exhibit"C". However,the Property is platted as being 60 feet wide. The survey width versus the platted width is of critical importance in the application process. If the Property is 60 feet or more in width, current regulations mandate side setbacks of 15 feet per side. If the Property is deemed to be less than 60 feet in width, current regulations • mandate side setbacks of 7.5 feet.Currently,the dock is constructed with 7.5 feet setbacks and the Trust is desirous of maintaining said dimensions. Itis the County's positon that given the Property is platted at a width of 60 feet,the County must use same when entertaining the Trust's application for a permit to renovate the dock and thus, the requisite 15 foot setbacks would apply. As a result, the Trust is respectfully requesting a variance from Section 5.03.06 E(5)of the Collier County Land Development Code to reduce the side yard setback for both sides of the Property from 15 feet to 7.5 feet for a dock with water frontage of 60 feet or greater. r The original dock was lawfully permitted and built in 1990.A true and correct photocopy of the Property Record Card obtained the Collier County Property Appraiser's Office is attached hereto as Exhibit"B" • Page 1 of 3 • The Trust scheduled attended a Pre-application Meeting with various county staff on August 25, 2015. Proposed revisions to the dock by way of plans drawn by Nelson Marine Construction were submitted.After much input by Staff,it was determined that it would be in the best interest of the Trust to revise the plan to reduce the square footage of the clock and additionally to reorientate the layout to provide for a different docking arrangement. A true and correct photocopy of the proposed initial revisions to the dock is attached hereto as Exhibit"D". The Trust scheduled attended a second Pre-Application Meeting November 12,2015. A revised dock plan was submitted to Staff which was deemed more worthy of consideration. The revised plan reduces the square footage of the posed dock by some 120 square feet. A true and correct photocopy of the revised plan is attached hereto as Exhibit"En. The Trust reached out to all surrounding property owners within a radius of 500 feet and • informed than of the proposed plan. None of the property owners has an objection to the plan. True and correct photocopies of letters signed by the surrounding property owners are attached hereto as composite Exhibit"F'. Lastly,the Trust commissioned a Submerged Resource Survey of the submerged area in and around the existing dock and the proposed dock. The survey found little in the way of submerged resources and indicated that there would be no negative impact to the adsting resources. A true and correct photocopy of the Submerged Resource Survey is attached hereto as Exhibit"G". IL (ARGUMENT) • The Trust would note that the issue regarding current dock and the width of the lot is not of its making as the situation existed for some fifteen years prior to the Trust's purchase of the • Property: Given that a permit to construct the dock in its current form was previously issued by Page 2 of 3 • the County and further,given that the Trust desires only to keep the current dock footprint as to its width,it would be inequitable to require the Trust to observe a more onerous setback requirements. • The Trust would point out that the difference between the platted width and the surveyed width is approximately the width of a United States quarter.In its current configuration the existing • dock spans the entire width, i.e., 59:92,of the Trust's property. If the variance were granted,the dock would span only 44.92 feet of the property. Importantly,the granting of the requested variance will not confer on the Trust any special privilege that is denied to other residents or property in the subject zoning district. At its core, Goodland is a boating community. Docks, many of which are much larger than the Trust's proposed plan,abound.Photocopies of various docks in and around immediate area of the subject property are attached hereto as composite Exhibit"Ii". The granting of the variance would be minimum in nature and would seem to be in harmony • with the intent and purpose of Collier County's Land Development Cade. Lastly, allowing the Trust to complete the proposed renovation would save to allow the trust to continue to beautify the Property (see before and after pictures of the Property attached hereto as Exhibit "I") and ultimately serve to increase the tax base of the Property. • Page 3 of 3 • Ms. Rachel Beasley May 2, 2016 Page 5 of 7 the rear property line. Thus,the property line is not in fact farther back on the Applicant's property such that an additional protrusion would occur. L» MICA CORRECTION COMMENT 8: ((„x1'0 Provide detailed responses to the variance criteria under LDC Section 9.04.03, required 3 a_h in the"Nature of Petition"section of the application. Pursuant to Section 9.04.03 of the Collier County Land Development Code,the Applicant acknowledges that Staff and the Hearing Examiner shall be guided by the enumerated criteria as set forth below. Following is the Applicant's response to the 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. The Applicant would note that the issue regarding the current dock and the width of the lot is not of its making as the situation existed for some fifteen years prior to the Applicant's purchase of the Property. Given that a permit to construct the dock in its current form was apparently issued • by the County and further,given that the Applicant desires to reduce the total width of the current dock footprint, it would be inequitable to require the Trust to observe a more onerous setback requirements. Additionally, were the Applicant permitted to use the actual width, the county would • automatically allow the Applicant to use the 7.5 feet setbacks. It is simply inequitable for the County to require the use of the platted width. Further,the width of the subject property makes it impractical to use the fifteen foot setbacks as to do so would greatly impair ingress and egress to a dock constructed to such shortened dimensions. 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. None ofthe current conditions and circumstances are a result ofthe actions ofthe Applicant and such conditions and circumstances pre-date and preexist the Applicant's ownership of the property. The dock, which currently spans the entire width of the property(and which would be reduced by some 7.5 feet on each end should the variance be granted),was constructed in 1990. c) Will a literal interpretation of the provisions of this zoning code work an unnecessary and undue hardship on the applicant or create practical difficulties on the • applicant. Ms.Rachel Beasley • May 2, 2016 Page 6 of 7 As noted above, should the Applicant's variance not be granted it would be much more difficult to approach,enter and leave the dock and the Applicant would likely be forced reconfigure the dock such that it would extend more than twenty feet seaward from the seawall. d) Will the variance,if granted,be the minimum variance that will make possible the reasonable use of the land,building or structure and which promote standards of health, safety and welfare. Yes.The dock has been designed to provide the minimum requirements for a boat of typical and not overly large size. Importantly, it should be kept in mind that the overall width of the proposed dock is decreased by 15 feet. Even though the width would significantly decreased,the . Applicant has been able to reconfigure the dock to provide for much safer ingress and egress and as an aside, a more attractive dock. e) Will granting the variance requested confer os the petitioner any special privileges that is denied by zoning regulations to other lands, buildings, or structures in the same zoning district. No. There are many other much more extensive docks in the immediate vicinity of the • Applicant's property. Photocopies of such docks are enclosed herewith. 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. Goodland at its core is a boating community with docks and the boats that necessarily go with them.dispersed extensively throughout the community. The dock will most certainly be in keeping with intent of the zoning code and will not be injurious to the neighborhood or the public welfare. The proposed dock will in fact serve to beautify the Applicant's property which until purchased by it was a rather significant eyesore. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves,lake,golf course,etc. No such conditions exist. h) Will granting the variance be consistent with the Growth Management Plan. Yes. The granting of the variance will not in any way contravene or otherwise serve to obviate the provisions of the Growth Management Plan and will only serve to 1)reduce the current width of the dock and 2)beautify the Applicant's property and thus,those properties surrounding • it. 1 I F--------Dodc SPecs: 8"2.5cca treated PVC wrapped pilings Stainless steel bolts and deck screws rx8"cca rough sawn stringers AZEK(Original Harvest Collection)decking 1 Butt Pilings cca treated pvc wrapped pilings Stainless steel hardware i Manmade Canal Proposed Dock Addition (190 Sq,Ft.) VW 4e- 1g--• -ft"."%%‹... • Ill prow Proposed Proposed / 10.000 Lb. 7 000 Lb . • 12 DockdItion .7)-----__ Alurn-A•Vabr I Alum-A•Vator i -1 (21 .FL -------.„,,....___....___ 12 le / . • likProposed -••••.,„,________ / Proposed trrnovalg of f --............ Removal of e—Edsting Section—® 6' .aIIIIIIIIP.' c 61 Dodc (exrel Section , •• :\ .. i (5x716") ' • 7.5' I 45 Existing Proposed Wall Repay of IS Existing Dock f I (222 Sq.Ft) 1 1 1 1 ' IlltilL"..) i Name Oppliger North lik Nelson . Address 606 Sunset.Ct Scale:1"=1 0' marine construction - Date i ApproVai—- T DWG-NO:- 6616 1 opiseir Dock Deno . . tii444414P,"P 3i"LIgni.110eg'PIWIFT193;P7 i ®10i1ill 11:1511111IylliI i • S i i ' $ 1 iiiiii 0)- — liGal .....-....-- - -1 R 114 ---- - --1—....air prarzeves.), , a\ 11; I Y �F 1 X11 iiiii %1 _i II‘ _ t " at 1 - li k ifl 4 5 it, . ,I.,..• 4. N H . .. , . .. . . .% y �1}Mle ----- \ % i 9 t = f yr is suer's ��,,�,J -ELS; sus(r)+ ws . ?-,Yt.• -tet.no____—...------•-,—...---•-•""""'7 y 1 g I I a.:--II;a i-;:2;-::,."--t---7 4)%. ii • t It •s.: ':u^►C ow ire, - - i P 4\4,4. allop 47 1 s rplot, „_ , --, , it,;; 'r WI"iir;,,,;', , so r, '••• fill ‘% - gams- I. ..112 34._ t . , , r,....c.a4 v ik‘: . II i€€ 11 1% 3 z I. * tet•• r�� r,_ A Y is,t II i >$ e ir al - � i � it iii . I ii jPIiiiJ!gu1IIjJjJIIitjJiIf 1e g algEPIR1 I. z to il -41 1 1 11 r" 1 I "1 1 i " 4I 1484 z . i I I P i : 1111 lag ig4 lir I 4111 Ml !r. , 8 r . 11 ig i a i nil* iliN. if 4"- 1.,a 1 121 Him II 4100 11 lip i - I , ; 14* Igi :. 1111 to i lg le f 1 evi k 11 . • I. INSTR 5100644 OR 5133 PG 3788 RECORDED 3/30/2015 11:37 AM PAGES 2 RE—RECORD DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOCB.70 $1,575.00 REC $18.50 INDx $1.00 CONS $225,000.00 • Prepared by: Andrea McGuire Aries Title,Inc 720 Goodlette Road North,Suite 304 Naples,Florida 34102 INSTR 5100262 OR 5133 PG 2461 RECORDED 3/27/2015 1:44 PM PAGES 2 File Numbs. RE-15-0154 DWIGHT E BROCK,CLERK OF THE CIRCUIT COURT , COWER COUNTY FLORIDA DOC(g.70$0.70 REC$16.50 INDX$1.00 i 1 General Warranty Deed Made this March 27,2015 A.D. By Larry Helmer an i• r4 - a/Wa Lee Helmer,whose address is:420 10th Street SE, Naples,FL 34117,hereinafter called the grantor,to •t :, aM4 . , . •er Oppliger as Trustee,with full power and authority either to protect,conserve and to sell or to lease,o •(z ,or otherw �.'� •;e and dispose of the real property herein described as provided in Florida Statute 689.071,whose.•. • ,• e.address is: 5091 « Drive,Naples,FL 34119,hereinafter called the . , grantee: (Wherever used herein the tern"grantor"an, ..4",' i ,•. 1 heirs,legal representatives and assigns of IIIindividuals,and the successors and assigns [ � ii 131 411 Witnesseth,that the grantor,for• • `� ., •I.•IF o . of - ,• -' $10.00)and other valuable considerations, receipt whereof is hereby acknowledged,h- ' ts,bargains,se a ,re • ,-• -- conveys and confirms unto the grantee, ti all that certain land situate in Collier County, t viz: _i_ Lot 14,Block E,Goodland Isles r.1 .dition,according t• , Q at thereof as recorded in Plat Book 8, pages 1 and 2,Public Records of ` ;b. b. • s Fl.:••• � CR Parcel ID Number:46422520009 Said property is not the homestead of the Grantor(s)under the laws and constitution of the State of Florida in that neither the Grantor(s)nor the Grantor(s)spouse,nor anyone for whose support the Grantor(s)is responsible,resides on nor adjacent to said land. Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances except taxes accruing subsequent to December 31,2014. 0 lc Re—Re-COY , reelcvr CanC+dVratf w•— Arnim b--1, DEED Individual Warranty Deed-Legal on Face *** OR 5133 PG 3789 *** Prepared by • Andrea McGuire Aries Title,Inc 720 Goodlette Road North,Suite 304 Naples,Florida 34102 File Number. RE-15-0154 In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. 0 R CO4k1 Signed sealed and delivered in our prese to k . , .. ... zji,,i4, - �`'S1".�:,�!f_.�� (Seep -,i,-, . E,Naples,FL 34117 Witness Printed Name 11 . 14/P I (. • • 40/ _ . _ .,.•_r_ - — /`•1 -.�!'�fA+ �` (Seal) roy R + a Lee Helmer �� _ ,. . ~� Street SE,Naples,FL 34117 Witness Printed Name IL:. _ V . �-� CSL State of Florida County of Collier The foregoing instrument was acknowledged before me this 27th day of M 2015,by Larry Hfim, er and Leroy R Heimer a/k/a Lee Helmer,who is/are personally known to me or who has produced sl , LANs-kV-4—� , c-__ as identification. 1 \.: �; �r , AtIDREA:dCD1rIRE U.::-... .....i s- ,�'�? Notary Public-State of Florida itio 3b:,.i My Comm.Expires Aug 23,2016 Notary Public .'.�,L10;. Comr-Li- n 8 EE 829573 Print Name: My Commission Expires: I i . 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F' " I i s , a"v..., 1 _ € �. , 4 _ .. 5 a, ,1, ,40 s, ,a...Pk '" .ice • c c rr w .,+ 5021.19.- fl—8t C: s,.. �i,°.p y xiiar cu��►i,r Ici2S_ • http://maps.collierappraiser.com/webmap/output2/Collierl985 sde03999263443164 jpg 6/3/2016 PL 20150001706 REV 2 9L07lTJ9 tC(LY C1 ......9,.., .....Ywlm9(91,d ! ,t'r 0 I LI:i q r., :ir.:;-.1.4:—.."::: 4..n. ::•-E 0 q V;:(11, ,c,4i.:..,,,:,: ht....5.....„.:..i. N co IiIiiil . M 11:. . ii xi ( g.i. zimpligli tigt ..i HPr 8 3. 1111111.11: 7 ••i:::tliifi. 0Vi,F iix S'?i:: o xi , C x \ i •::•..:, ,.J.2-•;;;„ :::: •=.........=tor.: r- Z rn F 0 0 — i .• ''i� ;iY: i%p�j:;, i"''\rY::,y#'S'•-tii...l 0 D z J ' •` ii 'u`{w?i -iltl§::. ;y:•r:xG.ii c- _, C 'n :' Ssiii:iiiB` :!rr'ri '° i3 c?ec.i'i iiir:iiia :;:i i° • -,, ' iiG� .:ni;'ii:............................................ .. iii;:#' .#„: 91. ¢3JN37r ns DA'FSLSSIL9/W1/71as API=/MUM,L9Nd j / '..,• , ,, ,.,: , _ ,, ‘...‘... , .., ., -. . I. v •x ,,ii, .a"V aCA _ rwT _s • �L T ''rt Qg F,ywd t 2i' j {2'a V R .2,4',:'-‘,—.• " - N N Qa n •. `E -� (II) • Z , C ; • ..,. CO• C N I • 0 -«- ` , at m •73 17- co o ITI ;� • � m �' �� cn C ° < DI A� m n ,..< H - ,,t tet : . ni1IIi -1::•(: .:Rt 4;;..4 3 i o ®fiii®O * 111118 :711 Ipi P 00001 co e tmri a•'fir�e.Z ",c 3az:: � _�t �P r• w 11111 n: ` ,Nuiwr�ie r t s I i AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20150001706 Goodiand Isles 1st Addition, Block E. Lot 14 Ill I,Alexander OQplicer (print name),as Trustful (title, if applicable)of the 606 Sunset Court Trust (company,If icable),swear or affirm under oath,that I am the(choose one)owner applicant rf ]contract purchaser and that 1. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Matthew L.Jones 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 usualy executed by the corp.pre& or v.pies. • If the applicant is a Limited Liability Company(LLC.) or Limited Company (L.C.), then the documents should typk ally 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 fa-. In It are true. \ it'- l '' 1- June 9,2016 Signatu Oa 4 Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to(or affirmed)and subscribed before me on June 9,2016 (date)by Alexander Oppliger (name of person providing oath or affirmation), as Taistea of the E30$&inset Ct Tausluho is personally known to me or who has produced (type of Identification)as identification. btOt 04-eALCLOO:i STAMP/SEAL l‘ ‘ature of Notary Public Norm Pubk OWeFWD 1ft Gail SWUM III ii j kty C.MAZITkOFFN N CP Oe.COA-ar 1srss REV 3124114 • LIMITED DURABLE POWER OF ATTORNEY (As to Variance Application) I, Alexander Oppliger, as Trustee of the 606 Sunset Ct. Trust desiring to create a Durable Power of Attorney pursuant to Florida Statutes 709.08, hereby revokes any and all prior grants of a Power of Attorney or a Durable Power of Attorney relating to the land subject to this Power of Attorney and provide as follows: 1. GRANT OF POWER TO ATTORNEY-IN-FACT. I hereby appoint Matthew L Jones, ("Attorney- In-Fact"),who is of sound mind and eighteen (18)years of age or older,as my lawful agent with full power to act for me and in my name in any and all of the matters hereinafter set forth, granting full authority to make, acknowledge, and deliver for me any in my name all contracts, deeds, leases, assignments, mortgages, releases, and other instruments that my Attorney-In- Fact may deem proper in connection with any matter hereinafter set forth and in which I may be interested, and generally to act for me and in my name with respect to the foregoing, with the same effect as though I were personally present and acting for myself. 2. DURABLE NATURE OF POWER. THIS DURABLE POWER OF ATTORNEY("THE "POWER") SHALL NOT BE AFFECTED BY ANY PHYSICAL OR MENTAL DISABILITY OR INCAPACITY THAT I MAY SUFFER EXCEPT AS PROVIDED BY STATUTE,AND SHALL BE EXERCISABLE IMMEDIATELY FROM THIS DATE WITHOUT ANY OTHER ACTION OR CONDITION WHATSOEVER: 3. EXERCISES OF POWER. All powers and discretions conferred upon my Attorney-In-Fact hereunder shall be exercisable by my Attorney-In-Fact named herein. All actions taken by my • Attorney-In-Fact pursuant to this power, including acts taken during any period of my disability or incompetency, shall inure to the benefit of and bind me, my heirs, devisees and personal representatives,as if I were competent and not disabled. 4. DURATION OF POWER. This Power shall not be affected by lapse of time between it's grant and It's exercise. This Power shall be valid until the earlier of(i) December 31, 2016, Op my death, or(iii)my written revocation of this Power, subject, however, to the provisions of Section 12 below. 5. EFFECT OF FILING OF PETITION TO DETERMINE INCAPACITY OR APPOINT GUARDIAN. At any time a petition to determine my competency or a petition to appoint a guardian for me Is filed,this Power shall be temporarily suspended. Notice of the pending petition shall be given to all known donees of this Power. This Power shall remain suspended until the petition is dismissed or withdrawn, or I am adjudged competent, at which time the Power shall be automatically reinstated and any exercise of this Power shall be valid. If I am adjudged incompetent, this Power shall be automatically revoked except to the extent the court having jurisdiction over my guardianship estate determines that any authority granted by this Power is to remain exercisable by my Attorney-In-Fact. 6. LAND SUBJECT TO POWER. This Power applies solely to the real property located at 606 Sunset Court,Goodland,FL and more particularly described in Exhibit"A" attached hereto.. 7. POWER OF ATTORNEY-IN-FACT. I authorize my Attorney-In-Fact to: make application for a variance to any and al Collier County governmental entities for a boat dock located on said Property, and further,to deal with any and all Collier County governmental officials relative to said application on my behalf. • 8. RESERVATION OF RIGHTS. I hereby reserve: (1) all rights to do personally any acts that my Attorney-In-Fact is authorized to perform hereunder, (2) the right to grant similar powers of Page 1 d 4 Pow d Attorney-Durable attorney to others; (3)the right to amend this Power in any manner;and (4)the right to revoke the Power in whole or in part. • 9. TERMINATION OF POWER.This Power shall terminate as provided in Section 4 above or may be terminated at any time prior thereto by either me or by my Attorney-In-Fact by giving written notice of such termination to the other. 10. GOVERNING LAW. This instrument in executed by me in the State of Florida and shall be governed by the laws of the State of Florida. 11. RECORDING. I specifically grant to my Attorney-In-Fact the authority to record this instrument in the public records of the Florida county within which I reside and In any other jurisdiction where an Attorney-In-Fact In his discretion believes necessary or appropriate. 12. RELIANCE BY THIRD PARTIES. Unless and until a third party has received "notice", as provided in Section 13 below, of revocation of this Power, partial or complete termination of the Power by adjudication of my incapacity, suspension by initiation of proceedings to determine my incapacity or my death such third party may act on reliance upon the authority granted to my Attorney-In-Fact in this Power and I hereby confirm all such acts. 13. NOTICE. In any circumstances in which "notice" is required to be delivered to me, my Attorney- In-Fact or to any third-party relying on the authority of my Attorney-In-Fact to act hereunder,to be effective such notices shall be:in writing and must be served on the person or entity to be bound by the notice by any form of mail that requires a signed receipt or by personal delivery as provided for service of process under Florida law. IN WITNESS WHEREOF, I have signed this Durable Power of Attorney,consisting of four(4)typewritten • pages, in the presence of two(2)witnesses and all of them have signed in the presence of each other,all as of the date first above written. Signed,Sealed and in the Presence of: /► --4111° 606 Sunset T ' Op Alexander :er, Trus - - Prin,Witness 1 Name W 1"- as 2 Signature Print Witness 2 N e • Pegs 2 of Power of M, sy-a..w. Exhibit"A" • Lot 14, Block F., Goodland Isles First Addition, according to the Plat thereof as recorded in Plat Book 8, Pages 1 and 2, Public Records of Collier County, Florida. 0 I I I I 1 I I i 1.1. • Paw 4d4 Paws,ofAMonspOw6M State of Florida County of Collier • THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED before me this 8th day of June, 2016 by, Alexander OpplIger,as Trustee of the 606 Sunset Ct.Trust,who is personally known to me. TARP PUBLIC NaV _Obd Robb 6t Inft Is:f MY CaM1111101IFF NMI PRINTED NAME OF NOTARY SEAL: • • • Page 3d4 Pow or Mornay-Dural Pi_ 20150001706 REV 2 Alex Oppliger and Connie Pierson 606 Sunset Court • Goodland,Florida 34140 February 18,2016 Michael Muniga 614 Sunset Dr Goodland,Florida 34140 Re: Application for Variance Regarding Boat Dock Dew:M is l: As I believe you are aware, Connie and I are applying to the Collier County Growth Management Department for a variance concerning the boat dock located behind our residence. We both appreciate the letter of support that you previously took the time to review and sign. However, the County has indicated that our letter should have offered more in the way of detail. Thus,we have been asked to generate a:second letter: In this regard, please be advised that the g , purpose of our variance petition is to request 411 permission from the County to reduce side yard setback from the required 15 feet to the requested 7.5 feet. This would apply to both sides of our property.As our lot is'-59.98 feet wide, if the County grants the variance mtr boat dock will necessarily y.be 4498 feet tin width. Be advised that the proposed dock would be /as wide than our dock's present configuration. I have attached a proposed dock plan for your review. If you have no objection to the County granting our variance, we are respectfully requesting that you sign your names)below followeekby the date of your signature(s). Thank you for your time and consideration. Very truly yours, Alex&Connie d Signa - P .: Signature Date: Dock Specs. 8"2.5c ca treated PVC wrapped pilings f► Stainless steel bolts and deck screws 2"x8"ora rough sawn stringers AZEK(Original Harvest Collection)decking Lift Specs: • 8"-10"Butt Pilings cca treated pvc wrapped pilings Stainless steel hardware { { I I Manmade Canal Proposed Dock Addition (190 Sq.Ft.) _ I Proposed 1,, Proposed ff 12' 7.000 Lb. 10,000 Lb. Proposed Alum-A Vator • Alum-A-Vator Dock Addition .:i piSq.Ft) •,. . - _ • 12 28'4" • i '. 4 20' • Section on oemenolgt *. - .- (6'xT6") • • (� �) T6•. 45' T6" Proposed Existing Repair of Will r- Existing Dock (222 Sq.Ft) i I Name Oppliger sitNelson . Address606 Sunset Ct. Approval DWG NO • NO Scale _ marine construction 9/2/155 7-47(.4..5:4 j Alex Oppliger and Connie Pierson 606 Sunset Court • Goodland,Florida 34140 February 18,2016 Vito Furio 610- & 612 Sunset Dr Goodland,Florida 34140 Re: Application for Variance Regarding Boat Dock Dear Vito: As I believe you are aware, Connie and I are applying to the Collier County Growth Management Department for a variance concerning the boat dock located behind our residence. We both appreciate the letter of support that you previously took the time to review and sign. However, the County has indicated that our letter should have offered'more in the way of detail. Thus,we have been asked to generate a second.letter. In this regard, please be advised that the purpose of our variance petition is to request • permission from the County to reduce side yard setback from the required 15 feet to the requested 7.5 feet. This would apply to both sides of our property. As our lot is 59.98 feet wide, if the County grants the variance our-1,oat dock will necessarily be 44.98 feet in width. Be advised that the proposed dock would be less wide than our dock's present configuration. I have attached a proposed dock plan for your review. If you have no objection to the County granting our variance, we are respectfully requesting that you sign your name(s)below followed by the date of your signature(s). Thank you for your time and consideration. Very truly yours, Alex-&Canme Si:'ature Date: • Signature Date: Dock specs 8"2.5cca treated PVC wrapped pilings Stainless steel bolts and deck screws 12"x8"cca rough sawn stringer's AZEK(Original Harvest Collection)decking Ill Lift Specs: 8"-10"Butt Pilings cca treated pvc wrapped pilings • Stainless steel hardware i 1 Manmade Canal Proposed Dock Addition (190 Sq.Ft) 10' 27'9"- .41i 79". •. 0. _•_ _1. Proposed I, Proposed 17 7.000 Lb. 10,000 tb. • Proposed Altor • Alum-A-Vator . ; Dock Addition _._ (21 Sq.Ft) +.... ..._ a 12 2.4. -.� i 4, 2A• 7 :SeCt':::::::'10r1;1;::"-:::' `lion .ir • I- •�ms �a ._ (exT6") • (6'x76"7 . ,,. i 4 . T6" _ - 45T6" Proposed Existing . ... 1I - Repair of Van 17 I a- Existing r- Dods (222 Sq.Ft) i i i i I I 1 -4-viplik---a • �- Name Oppliger ' Address 606 Sunset Ct. ' • 11: Nelspn . .Dafe • Sc0' marine consuction ___ 9,21_15 ort o...*[...-.7, Alex Oppliger and Connie Pierson • 606 Sunset Court Goodland,Florida 34140 February 18,2016 Mine&M l.IBstablatiions Ltd Adam Bennett 618 Sunset Dr Goodland,Florida 34140 Re: Application for Variance Regarding Boat Dock Hello Adam; As I believe you are aware, Connie and I are applying to the Collier County Growth Management Department for a variance concerning the boat dock located behind our residence. We both appreciate the letter of support that you previously took thetime to review and sign_ However, the County has indicate that ourletter should have offered more in the way of detail: Thus,we have been asked to generate a second letter. • In this regard, please be advised that the purpose of our variance petition is to request permission from the County to reduce side yard setback from the required 15 feet to the requested 7.5 feet. This would apply to both sides of our property.As our tot is 59.98 feet wide, if the County grants the variance our boat dock will necessarily be 44.98 feet in width. Be advised that the proposed dock would be k wide than our dock's present configuration. I have attached a proposed dock plan for your review. If you have no objection to the County granting our variance, we are respectfully requesting that you sign your name(s) below followed by the date of your signature(s). Thank you for your time and consideration. Very truly yours, Atex°&Connie Date: Signature Date: �4i V Dock 8"2.5cca treated PVC wrapped pilings ' I Stainless steel bolts and deck screws 1 2"x8"cca rough sawn strangers IAZEK(Original Harvest Collection)decking Lift Specs: III 8"-10"Butt Pilings cca treated pvc wrapped pilings• Stainless steel hardware I 1 • Manmade Canal Proposed on l�adc Additi (190 Sq.Ft 10 _.... ._ ._. 27'9" )• .i Proposed I Pro posed 12' 7.000 Lb. 10.000 Lb. Proposed Alum-A-Vator j! • Alum-A-Vator Dock Addition ^1 .. (21 Sq.Ft.) 17284' t 4. 20 r • 1 Sidon % a n,. (66 xT 64110 (6'x7'6") .ar,. . N; . T6" . ._ 45, T6" • Proposed Existing 13 'Repair of Wali • ra Existing r • Dock I (222 Sq.Ft) 1 I' I I • " `' Name . Oppiiger . . NOW t4IeIsfl Address 606 Sunset Ct. .. orthjDvs.sNo, Scale:1"-10' marine cons ruction N9/2(15 Approve, Alex Oppliger and Connie Pierson 606 Sunset Court • Goodland,Florida 34140 February 18,2016 Jim&Robin Roberts Roberts Family Trust 616 Sunset Dr Goodland,Florida 34140 Re: Application for Variance Regarding Boat Dock Dear Jim&4Rc : As I believe you are aware, Connie and I are applying to the Collier County Growth Management Department for a variance concerning the boat dock located behind our residence. We both appreciate the letter of support that youpreviously took the time to review and sign. However, the County has indicated that our letter should'have offered more in the way of detail. Thus,we have been asked to generate a second letter. II In this regard, please be advised that the purpose of our variance petition is to request permission from the County to reduce side yard setback from the required 15 feet to the requested 7.5 feet. This would apply to both sides.ofJatir property. As our lot is 59.98 feet wide, if the County grants the variance our boat dock will necessarily be 44.98 feet in width. Be advised that the proposed dock would be wide than our dock's present configuration. I have attached a proposed dock plan for your review. If you have no objection to. the County granting our variance, we are respectfully. requesting that you sign your name(s) below followed by the date of your signature(s). Thank you for your time and consideration. Very truly yours, Alex&Connie if 2 2V07. 1 y .tures ate: IPAwri.alli Si . .tore Date: IDock Specs. 8"2.5cca treated PVC wrapped pilings IStainless steel bolts and deck screws 1 2"x8"cca rough sawn stringers AZEK(Original Harvest Collection)decking III Lift Specs. 8"-10"Butt Pilings cca treated pvc wrapped pilings Stainless steel hardware I ! . • Manmade Canal Proposed Dock Addition (190 Sq.Ft) t0, Proposed ,+ a 12' ,000 Lb. I. Proposed Alum-A-Vator • ` 10,000 Lb. Proposed I Alum-A-Valor - Dock Addition • -..._(21 Sq:Ft) . • _ • }2 2E14" # .. ¢' ..4 . «-, x .a,, 1.90g14 ' Section -. • section. ection III (6kT6") (6'xT6') ��r',• - k. 76" 45' T6" Proposed Existing ro Repair of Wall -o r- Existing Dock (222 Sq.Ft) Name Oppliger :1: Nel Address 6�Sunset Ct. III North Date SCale:1"-10' marine cons ruction 9/2/15 APprova� ,, , Alex Oppliger and Connie Pierson • 606 Sunset Court Goodland,Florida 34140 February 18,2016 Charlotte Wine 604 Sunset Ct Goodland,Florida 34140 Re: Application for Variance Regarding Boat Dock Dear Charlotte: As I believe you are aware, Connie and I are applying to the Collier County Growth Management Department for a variance concerning the boat dock located behind our residence. We both appreciate the letter of support that you previously took the time to review and sign. However, the County has indicated that our letter should have offered more in the way of detail. . . Thus,we have been askedd.to generate a second letter. In this regard, please be advised that the purpose of our variance petition is to request • permission from the County to reduce side yard setback from the required 15 feet to the requested 7.5 'feet.This would apply to both sides of our property.As our lot'is 59.98 feet wide, .if./the.County.grants /the variance our boat dock will necessarily be 44:9€ feet in width. Be advised that the proposed dock would be less wide than our dock's present configuration. I have attached a proposed dock plan for your review. If you have no objection to the County granting our variance, we are restfully requesting that you sign your name(s)below followed-by the date of your sivature(s). Thank you for your time and consideration. Very truly yours, Alex&Connie c_kk• . 1( k 3- 1 Signature Date: 1111 Signature Date: Dods Specs: 8"2.5cca treated PVC wrapped pilings Stainless steel.bolts and deck screws 2x8"cca rough sawn stringers • AZEK(Original Harvest Collection)decking Lift Specs: 8°-10•Butt Pilings cca treated pvc wrapped pilings Stainless steel hardware ' Manmade Canal Proposed Dods Adson (190 Sq.Ft) F �• 1z !#' Prk�pasedProposed , lit . . fir. 7,000 Lb. ill !� , 10.000 Lb.1 AlunrA-Vator + . -'� Alun-A-Valor --t• Dock Median 1 I 3 ' -._-{21.sy�Ft.) . 12 28'4` ' Y y x")- ' -u �.T•' ,<:1„" L ,.� • .SEGbon • Sector► PrerposedViExiRepair ofm Btistirig li Dock (222 Sc t) • • I Name.� Sunset Gt, �..--- .. •- 1 nIII North i��r. Deas..._.: -Sc ioosvoccimaw g Alex Oppliger and Connie Pearson 606 Sunset Court 1111 Goodland,Florida 34140 February 18,2016 Mr.Gregory Boll 608 Sunset Court Goodland,Florida 34140 Re: Application for Variance Regarding Boat Dock Dear Greg: As I believe you are aware, Connie and I are applying to the Collier County Growth Management Department for a variance concerning the boat dock located behind our residence. We both appreciate the letter of support that you previously took the time to review and sign. I lowever,the County has indicated that our letter should have offered more in the way of detail. Thus, we have been asked to generate a second letter. In this regard, please be advised that the purpose of our variance petition is to request permission from the County to reduce side yard setback from the required 15 feet to the • requested 7.5 feet. This would apply to both sides of our property. As our lot is 59.98 feet wide, if the County grants the variance our boat dock will necessarily be 44.98 feet in width. Be advised that the proposed dock would be teas wide than our dock's present configuration. 1 have attached a proposed dock plan for your review. If you have no objection to the County granting our variance, we are respectfully requesting that you sign your name(s) below followed by the date of your signature(s). Thank you for your time and consideration. Very truly yours, Alex Oppliger Connie Pearson / , 1 u � IV. �z, .2.otG PrintN.yc: ` 110 • Dods Specs: 8"2.5cca treated PVC wrapped pilings Stainless steelbolls and deck screws 2"x8"cca rough sawn stringers IIIAZEK(Original Harvest Collection)decking Lift Specs: 8"-10"Butt Pilings ccs treated pvc wrapped pilings Stainless steel hardware • i Manmade Canal Proposed Dock Adadlon • (190 Sq.Ft) , i_..._._-t0'---•—s••----•------.�_,.27'8'.'----- ..___•-.-+:. #r"-----77.-.7..---7" ---.......-1.°., e--- it. 1� • 1T h' 7.00O Lb 1 • . `. 10.000 Lb Alum-A- .I . . Alum -,ter }: �A )i .4..---42134 8) Iiii V 1 / - *-1-- t . -.. 44 \ 17 ,}"" »' 4 20' (6..Thi _—_,-_._„ __ . . : . ••*.'-'. • . •• , �� -� ( T6) III J/moi; �...._. ..- __..�. ._.._..__... ._.,... • . I t-- _.x,.__ ..._.__� .------•- NSI/ -+- —I: ii Repair ci eastiN ..3 (222 So.R) 1 • t • • ...Name OpplfgeE_______-.__..-_• ._ +... . :r. Adstat -- i9U&iOfl , •, 9/2/15 _ o ,� • 606 SUNSET COURT TRUST NAPLES,FL 34119 SUBMERGED RESOURCE SURVEY DECEMBER 2015 • PREPARED BY: )404 TURRELL,HALL&ASSOCIATES,INC 3584 EXCHANGE AVENUE,STE B NAPLES,FL 34104 • PL 2015 0001706 REV .1 606 SUNSET COURT TRUST SUBMERGED RESOURCE SURVEY DECEMBER 2015 110 1.0 INTRODUCTION At the request of Matt Jones with the Law Office of Marc L. Shapiro, P.A & Aries Title, Inc. on behalf of 606 Sunset Court Trust, Turrell, Hall & Associates, Inc. (THA) conducted a submerged resource survey at 606 Sunset Court, Naples, Florida 34119 (folio #46422520009). The property is located on a man-made basin in Goodland, southeast of Marco Island. The property is located in Section 18, Township 52 South, and Range 27 East The upland portion of the property consists of a single family home. Turrell, Hall & Associates, Inc. (THA), 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 SRS survey was conducted on December 16, 2015. Light winds and mostly clear skies resulted in good underwater visibility that ranged from 18-24 inches. Surface water conditions on this day were relatively calm which also helped to provide fair environmental conditions for the survey. The water temperature was 77°F. Low tide occurred at 11:12 AM(-0.1')and high tide occurred at 5:46 P.M(3.0')on the date of the Survey. 2.0 OBJECTIVE' The objective of the submerged resource survey was to identify and locate any existing • submerged vegetation or other natural resources within 200' of the subject location. 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 project in order to minimize any impacts. The general scope of work performed at the site is summarized below. • THA personnel conducted a site visit and I snorkeled these transects within the proposed project basin and verified the location of any submerged resources. • THA personnel identified submerged resources at the site, estimated the % of coverage, and delineated the approximate limits of any submerged resources observed. • THA personnel delineated limits via a handheld GPS (Garmin Model 72H). 3.0 METHODOLOGY THA biologists intentionally designed the methodology of the SRS to cover the entire property shoreline. The components for this survey included: • Review of past permits and surveys completed to determine extents of any previously located submerged resources 1111 Page 1 of 3 606 SUNSET COURT TRUST SUBMERGED RESOURCE SURVEY 11111 DECEMBER 2015 •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 within the man-made basin as shown on the attarhed exhibit. Since the majority of the surveyed area was in and around the existing docking facility this provided easily identifiable reference markers, which assisted in locating the transects and keeping them consistent throughout most of the survey areas. One biologist swam these transects using snorkel equipment throughout the entire surveyed area. The other individual stayed on the dock and assisted with compiling notes and documenting findings on aerials. Located submerged resources were photographed, and documented The biologists used a half meter square quadrant further broken into sections by cordage to make coverage estimates easier. Random placements of the quadrate were done within observed seagrass beds and the individual results were compiled into an average estimated coverage for the beds. The findings are shown on the • attached exhibit. 11 4.0 RESULTS The substrate found within the surveyed areas included two distinct classifications; silt sand with shell debris and just silt material all throughout. These substrates were found scattered throughout all surveyed areas, with the silt sand and shell debris closer to the seawall,becoming sillier further away from the seawall. There were barnacles located on the existing seawall and pilings above and below the MHW. Barnacles were also observed growing on submerged pilings and crab traps at the base of the existing dock. 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 sheepshead Archosargus probatocephalus striped mullet Mugil cephalus redfin needlefish Strongylura notata mangrove snapper Lutjanus griseus The majority of the survey area exhibited the silt bottom that did not have significant • submerged resources. There was some marine red algae(Acanthophora spp.)in the shallower areas near the dock and pilings as well as some feather algae(Caulerpa Page 2 of 3 606 SUNSET COURT TRUST SUBMERGED RESOURCE SURVEY DECEMBER 2015 1111 mexicana). The lack of submerged resources is most likely due to the overall water quality within the man-made basin,as well as the loose nature of the substrate. Seagrasses generally require a sandier substrate to recruit than the silt present at this site. • ITr ... ,o, .;.'c" . ,,.i 0.. , ,. 4 .r V a r� i t{ �° yr �i .,y{y :1. ., 4 ,:. sal , f. FY Ar!,I. Photo 1:silt substrate with some shell hash Photo 2:feather algae present under the existin: dock. QA'' , x: -' rx --7° .: ..:PX:-•'1717,'4i.;: : - ,ir ,Ii..4..,..„4,, ,,,, ,,,, ., r ;•,..„.„. .may, _ a? t'-• �N. •r 4,S=fir .... .. C F 5 X ri i,---4,44,4,.'A-,, - . 4,,,,4,s :: Photo 3:Marine red algae present in Photo 4: Mangrove Snapper and patches of atches in the shallower areas marine red al:•e 5.0 CONCLUSIONS The submerged resource survey at the site yielded few findings. Barnacles were observed growing on the existing seawall and on all the existing dock piles. 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Cgfil) ergov,net Report Title: Code Case Details Date: 6/10/2016 10:04:08 AM Case Number: CESD20110003265 • Case Number: CESD20110003265 Status: Closed Case Type: Site Development Date&Time Entered: 3/14/2011 9:20:26 AM Priority: Normal Entered By: ShirleyGarcia Inspector: MicheleMcgonagle Case Disposition: Withdrawn Jurisdiction: Collier County Code Enforcement Origin: Anonymous Complaint Detail Description: UNPERMITTED DOCK IN THE BACK OF THE HOME AND THE DAVITS ARE INSTALLED INCORRECTLY Location Comments: 606 SUNSET CT Address 606 SUNSET CT Goodland, FL Property 46422520009 Property Owner HEIMER, LARRY HEIMER, LEE Attachment B Business Management& Budget Office 1 ode Case Details Execution Date 6/10/2016 10:04:08 AM Desc Assigned Required Completed Outcome Comments iter Initial Case Information ShirleyGarcia 3/14/2011 3/14/2011 Complete itial Inspection MicheleMcgon 3/15/2011 3/17/2011 No Violation On 3/16/2011 I checked the property card and agle (s)Found found that a dock,a trailer,and a sea wall existed at that location in 1970. I cannot verify that a permit was never issued.There is not enough information for me to find a violation Aar Case Disposition MicheleMcgon 3/17/2011 3/17/2011 Complete agle rify Conditions&Close Case petrullipatricia 3/17/2011 3/18/2011 Complete Violation Description 1 Status Entered Corrected Amount Comments Title Reason Result Compliance Fine/Day Condition • .Jsiness Management&Budget Office 2 AGENDA ITEM 4-H Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION- ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JULY 14, 2016 SUBJECT: SV-PL20150002660. MERCEDES-BENZ OF BONITA SPRINGS APPLICANT/AGENT: Owner: Agent: North Naples LLC Mark Brenchly 14610 Tamiami Trail N. 2530 Citrus Tower Blvd. Unit 18104 Naples, FL 34110 Clermont, FL 34711 REQUESTED ACTION: The applicant is requesting a variance from LDC Section 5.06.04 F.1.a, which limits pole signs within nonresidential zoning districts to a maximum height of 15 feet when located along an arterial or collector road, to instead allow a maximum height of 24.9 feet: from LDC Section 5.06.04 F.4, which limits single-occupancy parcels to a maximum of one total wall sign, to instead allow a maximum of three total wall signs—one on the west elevation, one on the north elevation, and one on the south elevation; and from LDC Section 5.06.04 F.l.c. which limits pole signs located along an arterial road to a maximum sign area of 80 square feet,to instead allow a maximum sign area of 118.75 GEOGRAPHIC LOCATION: The subject property is the proposed Mercedes Benz dealership located on the east side of U.S. 41, approximately one quarter mile north of the Old 41 and U.S. 41 intersection, in Section 9, Township 48 South, Range 25 East, Collier County, Florida (Please see the location map on the following page.) PURPOSE/DESCRIPTION OF PROJECT: This petition proposes deviations from the allowable number of total wall signs per building and pole sign height and square footage. The proposed Mercedes Benz building will be approximately 88,619 square feet with a building length of 250 feet, approximate front façade footage of 8,365 square feet, and total property street frontage of 678 feet; the building height varies from 22 feet to 50 feet for an average height of 35.5 feet. Mercedes Benz Sign Variance SV-PL20150002660 Page 1 of 10 June 17.2016 oorxsn AO 17170 • ` 1 ,.- *i m sfr-r"' —111.10, toiliqpvib).6 311 2 rna , •of _. — ; Illril ; i Iti i .. i O - k IIIeimil , D 1, e ° ill P P m szl on r7 �C�i PC■p 5YL`i i 1 lig `FsZ O ,SISI TOAII RI6 V / _ - .1.* ljui 11 I 4 ail , /11 i Y p �i n Go. Rao C — ! 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W o to CI a 1,K _4N Cr-ID v b CV wa w 'UZZ� ? m 75 3 3 3 '12 MSzw = z W 4 m© $ Z A O an 3 a o `3' m 0 a z 'a 97f16 SAH 3 O 1.1 ' ' 1 Zi " gi- r: . at ; z r m _ y= H m G)IA 201us more ._._._ k 7 N . //�� 3 ry Y U! N y CI. n pe=j CT (°444) 'd V y Z. R ' i 111 - f I w .ii = 'w_ 3 d Ca "A C n — ._ O C - M N •4.4 1�f. d — _ or 6.1..9. cr -0 U = — ^ N. , A — c O N m O PROPERTY ADDRESS'14610' TO BE PLACED WITHIN UPPER m ONE THIRD OF SIGN FACE o ^ T 3 Q uO N O oN ^ ' C ea o LA o sit o �° A n c Cn Ci)/� y v+ A V/ N D O• 9 Z 75 5 qa a- ys a T a IN T 1- = ca Oro dal to NI N 71 c 0 Dmc O vis = -. •' U) 2 N r— mmCD . 3 Q ♦—Mid N O 0 c ./' C. N CD L 5 n O. O CD g`° O 3 G T $ct 8' d 3 • tv O o `b � — co Cn' ;� C am D v` v n a m (/) o CD v V g NN N 2077 , _ O J i t co O v 3 a -ndc ' N 77 n d m C) m n n — coc l',167; m A tJ -. .< m -0 rl gj d o LA 3 —. 3 .. 3 d 3 More specifically, the applicant is applying for two additional wall signs on two different building elevations—the north and south elevation. The two additional wall signs will be a star logo on the north and south elevation located on an architectural feature that is attached to the west elevation rounded facade. Each star logo will be 49.22 square foot. Per LDC 5.06.04 F.4, single-occupancy parcels are limited to a maximum of one total wall sign and retail businesses with floor areas 25,000 square feet or larger with a front wall length of 200 linear feet or more are permitted three wall signs with and per LDC 5.06.04 F.4.a. a combined sign square footage of 250 feet for buildings over 60.000 square feet. Please note that historically staff has interpreted three wall signs as 3 components of the one wall sign as permitted for each single-occupancy parcel on one elevation. The applicant has utilized the allowable one wall sign (which consist of 2 components) with the building's west elevation (facing Tamiami Trail North): these permitted signs include the "Mercedes-Benz of Bonita Springs", 141.26 square feet. and the"Service" sign. 8.28 square feet. Additionally, the applicant is applying for pole sign with increased height and square footage. LDC Section 5.06.04 F.l.a states pole signs within a nonresidential zoning district are limited to a maximum height of 15 feet when located along an arterial or collector road. LDC Section 5.06.04 F.l.c. states the allowable maximum sign area is 80 square feet. The applicant is proposing a pole sign with a height of 24 feet 9 inches and a square footage of 118.75 square feet. The proposed pole sign will have a setback of 36 feet which is 26 feet greater than the required setback of 10 feet as stipulated by the LDC, Section 5.06.04. Fib. The subject property is zoned General Commercial District (C-4). ,, . 1 .►'ft. .... _ sot naRu% it F • '\ \ ' I- yy r a Y 4 a l: i T 'p% ik -e ' f `2rrt"{ IF wir i. '4t It • P$shirP 4th { essil "t 'r'y "', ' 1 4.50. . ;Owl t i „A' i 0 ,. {"o s.,„„U.n ,A..—.R'Nt..ti. - 0�.:Snrt AERIAL PHOTO of SUBJECT PROPERTY (Collier County Property Appraiser) Mercedes Benz Sign Variance SV-PL20150002660 Page 5 of 10 June 17 2016 SURROUNDING LAND USE AND ZONING (of Subject parcel): North: Commercial development zoned Commercial Intermediate District(C-3) East: Meadow Brook Estates Planned Unit Development(PUD) South: Vacant property zoned General Commercial District (C-4) and then a commercial development zoned C-4 West: Tamiami Trail North Right-of-Way (ROW) and then property zoned the Village Place Planned Unit Development GROWTH MANAGEMENT PLAN(GMP)CONSISTENCY: The subject property is located in the Urban Residential Subdistrict of the Future Land Use Map of the Growth Management Plan(GMP). The GMP does not address individual Variance requests but focuses on the larger issue of the actual use. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the Variance request is not specifically addressed. ANALYSIS: The decision to grant a sign variance is based on the criteria of LDC Section 5.06.08.B. Staff has analyzed this petition relative to the evaluative criteria and offers the following responses: Two additional wall signs: North and South elevation a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district. Yes, a site development plan(SDP) was approved for the subject building that included an architectural feature on the west building elevation which was designed and constructed to display the proposed star logo wall signs on its north and south elevations. In addition, the applicant contends that the unique rounded or curved front building facade on the western elevation doesn't provide clear visibility from approaching traffic on US-41. The intent of placing the proposed logo wall signs on the architectural feature is to improve visibility when seen by the public from approaching vehicular traffic and thereby improving traffic safety. Staff concurs with the applicant's contention that the unique design and architectural features as approved on the SDP qualifies as a special condition peculiar to the structure. b. That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. Mercedes Benz Sign Variance SV-PL20150002660 Page 6 of 10 June 17,2016 Yes, if a literal interpretation of the LDC were applied, the Applicant would be limited to the existing wall sign on the western elevation that has a curved façade that may limit visibility from the ROW. The applicant states that the size of the building,the front façade is approximately 8,365 square feet, and thus relative to the LDC sign allowance is not proportional to this Mercedes Benz building. c. That the special conditions and circumstances which are peculiar to the land, structure or building do not result from the actions of the applicant. Yes, the applicant contends that special conditions exist because of the unique building design which is imposed upon them by the Mercedes Benz national branding requirements and because the architectural feature that was constructed for the proposed wall sign logos was approved on the SDP and constructed. As aforementioned, Staff concurs with the applicant's contention that the unique design and architectural features as approved on the SDP qualifies as a special condition peculiar to the structure. d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands,structures or buildings in the same zoning district. Yes, it will confer on the applicant a special privilege. However, it should be noted that the curved shape of the western building facade creates a hardship for clear visibility from approaching traffic on US-41. Moreover, a SDP was approved for the subject building that included an architectural feature on the west building elevation which was designed and constructed for signage. Additionally, even though the applicant will gain additional wall sign square footage on the north and south elevations while surrounding commercial buildings do not exceed the maximum wall sign size standards, the applicant contends that the project abides by the allowable square footage of LDC section 5.06.04.F.4 for the west elevation. The building area is 88,619 +1- square feet with a front west elevation width of 250 feet, per LDC 5.06.04.F.4 this would allow for 3 wall signs at a total square footage of 250. The west elevation signs, "Mercedes-Benz of Bonita Springs"and"Service", total 149.56 square feet and are below the allowable 250 square feet. Thus, if the applicant were to place one of the requested star logo signs on the west elevation, which is 49.22 square feet, they would be permitted by the LDC and only be required to apply for one wall sign variance. e. That the variance granted is the minimum relief that will make possible the reasonable use of the land,building or structure. Yes, the purpose of the two star logo signs is to allow for two additional wall signs on two additional elevations that are otherwise not permissible by the Sign Code. As previously mentioned, the applicant is not utilizing their total wall sign square footage on the west elevation. Moreover, staff concurs with the applicant that this Mercedes Benz building is a unique design and thus would be the minimum relief if the variance were granted. f. That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan, and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. Mercedes Benz Sign Variance SV-PL20150002660 Page 7 of 10 June 17,2016 it Section 5.06.O1.A. of the LDC states that the purpose and intent of the LDC relative to signage is to provide minimum control of signs necessary to promote the health safety and general welfare of the citizens of Collier County by: 1. Lessen hazards to pedestrians and vehicular traffic; 2. Preserve property values; 3. Prevent unsightly and detrimental signs that detract from the aesthetic appeal of the county and lead to economic decline and blight; 4. Prevent signs from reaching such excessive size and numbers that they obscure one another to the detriment of the county; 5. Assure good and attractive design that will strengthen the county's appearance and economic base; 6. Preserve the right of free speech and expression in the display of signs. It is Staff's opinion that the request for the additional wall signs on the north and south building elevations meets the purpose and intent of the Sign Code. Staff recommends that the Hearing Examiner approve the 2 wall signs request of Petition SV-PL20150002660. Pole Sign: Square Footage and Height a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district. No,there are no special conditions. b. That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. No, a literal interpretation of the sign code provisions would not deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. All the pole signs within the surrounding area meet the height and square footage of the LDC sign code. Please see Attachment B for pole sign examples in surrounding areas. c. That the special conditions and circumstances which are peculiar to the land, structure or building do not result from the actions of the applicant. No, the proposed pole sign can be designed consistent with the applicable standards contained in the LDC. d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands,structures or buildings in the same zoning district. Mercedes Benz Sign Variance SV-PL20150002660 Page 8 of 10 June 17,2016 II Yes, the granting of this variance will confer on the applicant special privilege. Within the surrounding area the commercial pole signs all meet the sign code of the LDC. e. That the variance granted is the minimum relief that will make possible the reasonable use of the land,building or structure. No,the minimum variance to make reasonable use of the land would be no variance at all, the applicant is to follow the regulations of the LDC sign code 5.06.04.F.1.a and 5.06.04.F.1.c which respectively list pole signs at a maximum height of 15 feet and a maximum square footage of 80. f. That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan, and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. No, the granting of the variance will not be consistent with the general intent and purpose of the Sign Code. For the applicant to be consistent they are required to follow the Sign Code requirements as it specifically speaks to pole sign height and square footage. Staff recommends that the Hearing Examiner deny the pole sign request of increased height and square footage of Petition SV-PL20150002660. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed this staff report on June 20, 2016. RECOMMENDATION: Staff recommends that the Hearing Examiner approve the request for two additional wall signs (one on the north elevation and one on the south elevation) and deny the pole sign request of increased height and square footage of Petition SV-PL20150002660. ATTACHMENTS: A. Application B. Pole signs in surrounding area � I I � Mercedes Benz Sign Variance SV-PL20150002660 Page 9 of 10 June 17,2016 • PREPARED BY: Jr-7.„ t® RACHEL BEASLEY, PLANNER DATE ZONING DIVISION REVIEWED BY: RA4 YYM D V. BELLOWS,ZONING MANAGER DATE ZONIN DIVISION MIKE BOSI, AICP, IRE TOR DATE ZONING DIVISION Mercedes Benz Sign Variance SV-PL20150002660 Page 10 of 10 June 17,2016 Colder County COLLIER COUNTY GOVERNMENT __JO NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 wvvw.colliergov.net (239)252-2400 FAX:(239)252-6358 SIGN VARIANi, sertkm 5.06.03 Code of Laws section 2-83 Chaptcs 3 '. ,/ th PROJECT NUMBER 01A � �� RE�« _, PROJECT NAME p eted staff DATE PROCESSED Name of Applicant(s): Naples North LLC. (Property Owner)dba Mercedes-Benz of Bonita Springs Address: 14610 Tamiami Trail N. City: Naples State: Florida zip: 34110 Telephone: 561.655.8900 Cell: nfa Fax: 561.655.8114 E-Mail Address: n.berndt@amsinet.com Name of Agent: Mark Brenchley Firm: Mark Brenchley, Planning Consultant Address: 2530 Citrus Tower Blvd. Unit#18104 City: Clermont State: Florida zip: 34711 Telephone: 435.512.6833 Cell: n/a Fax: n/a E-Mail Address: wcfpermits.markb@gmail.com Provide a detailed legal description of the property covered by the application. If space is inadequate,attach description on a separate page. Property I.D.#: 00142440007 Section/Township/Range: 9 /48 /25 Subdivision: n/a Unit: n/a Lot: n/a Block: Metes& Bounds Description: See attached Exhibit "A" Legal Description Address of Sign Location: 14610 Tamiami Trail Current Zoning: C4 Land Use of Subject Parcel: vacant to commercial If a wall sign,length& height of wall upon which the Sign will be secured: 250'Ingth.35.5'ave.hgt 1111 Width of Subject Property(road frontage): 6/4/2014 Attachment A Page 1 of 3 Co County COWER COUNTY GOVERNMENT -)0 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coiliergov.net (239)252-2400 FAX:(239)252-6358 Pr •Appiicntiori Meeting and Final Submittal Requirement Checklist for: Sign Variance The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED LA Completed Application(download current form from County website) 0.10111.111111 Pre-Application meeting notes ��LIr' �� e. ). ,747rtc 1 0 Affidavit of Authorizatioi,signed and notarized ,n-fict: 1 20.-4. 2 E mow._ Survey or Site Plan of Property 6 { ( ; Location Map depicting major streets in area for reference viarjU(er1t r'- 1 11111 �'^^� ;;..pi Li Li jai Cly sia �tF /i- / 1 ❑ 9 Once the first set of review comments are posted,provide the assigned project 1 ❑ ❑ manager the Property Owner Advisory Letter and Certification .F'1t4)/. Electronic Copy of all documents and plans * Please advise: The Office of the Hearing Examiner requires all materials to be 1 (�f ❑ submitted electronically in PDF formal • ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. FEE REQUIREMENTS: Pre-Application Meeting:$500.00 f. 2 / 11 Sign Variance Petition:$2,000.00 t 7 l<` II Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 /' The completed application,all required submittal materials,and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN:Business Center 2800 North Horseshoe Drive Naples, FL 34104 As the authorized agent/applicant for this petition,I attest that all of the information indicated on this checklist is incl •ed in this submittal package. I understand that failure to include all necessary submittal information may ,-suit in the delay of process this petition. / 17. 016 Applicant/Agent Signature Date < .16 Mark Brenchley, Planning C• sultant Printed Name/Title 6/4/2014 Page 3 of 3 ier County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMO_Addressing@cotliergov.nel 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 signed by Addressing personnel prior to ore-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) 0 SDP(Site Development Plan) ❑ BD(Boat Dock Extension) 0 SDPA(SDP Amendment) ❑ Carnival/Circus Permit 0 SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) 0 SIP(Site Improvement Plan) O EXP(Excavation Permit) 0 SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat 0 SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unpiatted) O PNC(Project Name Change) 0 TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) 1 VA(Variance) O PSP(Preliminary Subdivision Plat) 0 VRP(Vegetation Removal Permit) 4110 ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) 0 OTHER LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) See attached legal description Parcel 1.1 of 9-48-25 FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with, legal description if more than one) 00142440007 STREET ADDRESS or ADDRESSES(as applicable, if already assigned) 14610 Tamiami Trail N. • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unpiatted properties) CURRENT PROJECTo ME a licable) Mercedes Benz of Bonita Springs wall sign variance PROPOSED PROJECT NAME(if applicable) Same PROPOSED STREET NAMES(if applicable) 1111 SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP-- or AR or PL# PL 2015 00 0 2 6 6 0 REV 1 Yer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE 4111 GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.cotliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: a Email ❑ Fax ❑ Personally picked up Applicant Name: Mark Brenchley agent for property owner: Naples North LLC Phone: 435-512-6833 Email/Fax: wcfpermits.markb@gmail.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. • FOR STAFF USE ONLY Folio Number 00142440007 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Date: 11/20/15 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE • UPDATED OR NEW FORM SUBMITTED Sy COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE . GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 Pre-Application Meeting Notes Petition Type: Q L 2OI 5 0002-v00 Date and Time: 121 I c 30 - Z 3 o Assigned Planner: :cc 1Z. €o s l Engineering Manager(for PPL's and FP's): Project Information Project Name: I 0 C4 fliA yWl .. C,t,`.P i 2rr Cod, 1r J PL#: 2ut5 000 24060 Property ID#: 0 0 I y 14 LA C7 3 CI- Current Zoning: C.d.- Lk Project Address: 11-1 (01 l) "'CA rn t u+nom, I,r ct. City: w'{o State:n' F L Zip: Applicant: G,i1k2 ri (QM i • Agent Name: Phone: 4 3 S - 5 12. ' 62 (" " t r Agent/Firm Address: 25-3o CA k`u5 1 W ty: C_,1 e r ff° State: F- Zip: 1 Property Owner: NCk pi e c N 0 r Please provide the following, if applicable: i. Total Acreage: ii. Proposed #of Residential Units: _ iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: v. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: • Pl. 2015 0002660 REV 1 4. Co er County COWER COUNTY GOVERNMENT __JO NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colilereov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: Sign Variance Chapter 3 I. 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) 6 Pre-Application meeting notes 1 Affidavit of Authorization signed and notarized 2 Survey or Site Plan of Property 6 Location Map depicting major streets In area for reference 1 Completed Addressing Checklist 1 Once the first set of review comments are posted,provide the assigned project 1 a ❑ manager the Property Owner Advisory Letter and Certification Electronic Copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be 1 ❑ 0 • submitted electronically In PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. FEE REQUIREMENTS: ❑ Pre-Application Meeting:$500.00 ❑ Sign Variance Petition:$2,000.00 ❑ Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 The completed application,all required submittal materials,and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN:Business Center 2800 North Horseshoe Drive Naples,FL 34104 As the authorized agent/applicant for this petition,I attest that all of the information indicated on this checklist Is included In this submittal package. I understand that failure to include all necessary submittal information may result in the delay of process this petition. Applicant/Agent Signature Date Printed Name/Title • 6/4/2014 Page 3 of 3 $ éCntY • COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Meeting Notes I Ede rnl, ix re o4 n. 4 )112444Q0. • • • • S2& ty COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE III GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.coilieraov.net (239)252-2400 Pre-Application Meeting Sign-In Sheet PL#:20150001611 Collier County Contact information: Name Review Discipline Phone Email ^❑ Richard Anderson Environmental Specialist 252-2483 rlchardanderson@colliergov.net ❑ David Anthony Environmental Review 252-2497 davidanthony@colllergov.net ❑ Summer Araque Environmental Review 252-6290 summerbrownaraque@colilergov.net ❑ Steve Baluch,P.E. Transportation Planning 252-2361 StephenBaluch@coillergov.net ❑ Laurie Beard Transportation Pathways 252-5782 Lauriebeard@colliergov.net 'Pffr-• Rachel Beasley Planner 252-8202 rachelbeasley@colllergov.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@coiiiergov.net ❑ George Cascio Utility Billing 252-5543 georgecasclo@colllergov.net III ❑ Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heldlashton@colliergov.net O Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@colllergov.net O Eric Fey,P.E. Site Plans Reviewer 252-2434 ericfey@coliiergov.net ❑ Paula Fleishman impact Fee Administration 252-2924 paulafleishman@colllergov.net ❑ Nancy Gundlach,AICP,PLA Zoning Services , 252-2484 nancygundlach@colilergov.net ❑ Shar Hingson East Naples Fire District 687-5650 shingson@ccfco,org O John Houldsworth Engineering Services , 252-5757 johnhouldsworth@coiilergov.net O Jodi Hughes Transportation Pathways 252-5744 Jodihughes@colliergov.net ❑ Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliclahumphrles@coiliergov.net _0 Eric Johnson,AiCP,CFM Zoning Services 252:2931 ericjohnson@coliiergov.net O Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net O Stephen Lenberger Environmental Review , 252-2915 stevelenberger@colliergov.net O Paulo Martins Utilities 252-4285 paulomartins@colllesov.net ❑ Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto@colllergov.net ❑ Jack McKenna,_P.E. Engineering Services 252-2911 Jackmckenna@colliergov.net ❑ Matt McLean,P.E. Principal Project Manager , 252-8279 matthewmciean@colliergov.net ❑ Gilbert Moncivaiz Utility Impact Fees . 252-4215 giibertmoncivaiz@colliergov.net ❑ Annis Moxam Addressing 252-5519 annismoxam@colilergov.net ❑ Stefanie Nawrockl Planning and Zoning 252-2313_ StefanleNawnxkl@colliergov.net 1 ❑ Mariam Ocheltree Graphics 252-2315 mariamocheltree@colliergov.net III r❑ Brandy Otero _ Transit 252-5859 brandyotero@colliergov.net S&9! tY • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net • (239)252-2400 O Brandi Pollard Utility Impact fees 252-6237 brandlpollard@colliergov.net Fred Reischi,AICP Zoning Services 252-4211 fredreischl@colilergov.net ❑ Stacy Revay Transportation Pathways _ 252-5677 stacyrevay@colliergov.net ❑ Brett Rosenblum,P.E. Utility Plan Review 252-2905 _ brettrosenbium@colliergov.net ❑ Michael Sawyer Zoning Services 252-2926 michaelsawyer@colllergov.net ❑ Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmldt@colllergov.net ❑ Chris Scott,AICP Planning and Zoning 252-2460 chrisscott@colllergov.net ❑ Daniel Smith,AICP Landscape Review 252-4312 danielsmith@colliergov.net ❑ Ellen Summers Planning and Zoning 252-1032 EllenSummers@colllergov.net A,Scott Stone Assistant County Attorney 252-8400 scottstone@colllergov.net 3‘. Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net _❑ Kris VanLengen Utility Planning 252-5366 krlsvanlengen@colliergov.net ❑ Jon Walsh Building Review 252-2962 Jonathanwaish@colliergov.net ❑ David Weeks,AICP Future Land Use Consistency 252-2306 davldweeks@colllergov.net ❑ Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net O Christine Willoughby Planning and Zoning 252-5748 ChristineWilloughby@colliergov.net Additional Attendee Contact Information: Name Representing� 'Phone Email 00/44 ‘4‘ 9GG y f 1 1va�7e zec �_6 Grl f � f sum 6 t e... /gf1t%• Doty-, S • • Sign Proposal Mercedes-Benz of Bonita Springs 14610 Tamiami Trail • Folio Number: 00142440007 Lot Dimensions: Area: 7.8 ac. Frontage: 678' Building Dimensions: Area:41,250 SF +/- Front /Front elevation width:250' Signs proposed: Wall: 1- "Mercedes Benz of Bonita Springs" 3.25'X 43.2'=140.5 SF 2- Star MB logo 7'circle 49SF(if squared), 38.5 SF (area of circle) 1- "SERVICE" 1.45'X 7.5' =10.87 SF (can this be considered directional?) 1- "CARWASH" 1.45'X 8.9' =13 SF (can this be considered directional?) TOTAL 202 SF (down size SERVICE AND CARWASH signs to achieve 200 SF) • Freestanding: 24' 9 7/16"OAH 1- 63.1 SF of sign copy area. Sign structure area 7.67' X 23.5'=180 SF Directional: 1- 6' OAH, 36 SF with setback in excess of 80' Collier County Allowable Signage 1. Wall signs: retail businesses w/floor area larger than 25,000 are permitted and front wall length over 200' are allowed three signs. Maximum allowable wall sign area: 20%of façade or maximum of 200 SF for buildings over 25,000SF 2. Freestanding Signs: maximum height 15' along arterial roads, 12'along others Maximum sign copy area: 80 SF fronting arterial roads, 60 SF fronting others Minimum setback: 10' Number of signs: 1. Though 2 signs allowed if frontage is over 1000' Variances sought: Wall: 5 signs vs. 3 signs permitted Freestanding:24'9 OAH vs 15' OAH permitted Page 1 of 1 ..omer L.ounty rroperty Appraiser Property Summary Parcel No. 00142440007 Site Adr. 14610 TAMIAMI TRL N • Name/Address NAPLES NORTH LLC %AUTOMOTIVE MGMT SERVICES INC 505 S FLAGLER DR#700 City WEST PALM BEACH State F!_ Zip 33401 Map No. Strap No. Section Township Range Acres *Estimated 3A09 000100 001 13A09 48 25 7.8 Legal 9 48 25 51/2 OF S1/2 OF 51/2, LYING E OF NEW US 41 7.80 AC Millaae Area• 143 Millage Rates• *Calculations Sub./Condo 100-ACREAGE HEADER School Other Total Use Code• 10 -VACANT COMMERCIAL 5.48 5.6427 11.1227 Latest Sales History 2015 Certified Tax Roll (Not all Sales are listed due to Confidentiality) ;Sub+ect'.oa iiia • Date Book-Page Amount Land Value $2,548,260 07/15/14 5058-1400 $9,000,000 (+) Improved Value $0 12/19/02 3178-2588 $0 (=) Market Value $2,548,260 07/18/00 2699-967 $2,600,000 08/20/99 2583-3007 $0 (=) Assessed Value $ 2,548,260 10/01/84 1103-760 $0 (_) School Taxable Value $2,548,260 (_) Taxable Value $2,548,260 If all Values shown above equal 0 this parcel was created after the Final Tax Roll • nttn.//www entlierannraicer rnm/main ,earrh/RPrnrr(rietnit htrn191VIcs? -1NTnaF..l r•Xi,iry=nn1 irmAnnn7 11/14 PIM e Page 1 of 1 i.oiiuer t.ounty rroperty appraiser Property Detail Parcel No. 00142440007 Site Adr. 14610 TAMIAMI TRL N • Name/Address NAPLES NORTH LLC %AUTOMOTIVE MGMT SERVICES INC 505 S FLAGLER DR# 700 City WEST PALM BEACH State FL Zip 33401 Permits Tax Yr Issuer Permit C CO Date Tmp CO Final Bldg Type Land Building/Extra Features Calc Code Units C Year Built Description Area Adj Area 10 COMMERCIAL SF 33976$ • • ittn•//www rnllierannraicPr mm/main cParrh/RPrnrririptail html7AAan—AT"R.Fn1,.,M,,m—M1 A )A,IAAn'7 I n/1 c rPnI c Page 1 of 1 comer county rroperty appraiser Property Aerial Parcel No. 00142440007 Site Adr. 14610 •• MiAMT TRI. N 0 . IEM, r Nj +{ , t. x i,, i. t a 1 il t `' I , \ A ... It 11 • ' i e — "If" _ , ._ tr , % . to. [f Collier Count Pr. ...rt u.raiser Year: 2015 Land Parcel: 142440007 Open a GIS Window with More Features. • ittn://www.collierannraiser.com/main cearch/Rernrrirdetail html9Man=TVn&FnlinN,111-1—nn1aMaannn7 1111 c/7n1 c INSTR 500797S oa 5058 PG 1400 RECORDED 7/16/7014 1:13 PM PAGES 10 OM/TGHT F. BROCK, CIFRK OF TNF CIRCUIT COURT, COttTFR COUNTY Ft.ORTOA Oooi.70 563,000.00 REt 386.S0 CON a S9,000.000.00 eRFP.►REt 13Y: Jayne M. Skindiier,Esquire Cummings& LockwoodI.I.0 3001 Tarniami Trail North,Suite 1:400 Naples.Florida 34103 WARRANTY DEED This Indenture made this 15`"day of July, 2014, between MOO Tamiami Trail North. LLC. a Florida limited liability company, whose post office address is c% Wolfgang Liebig, i l l I Galleon Drive. Naples, Florida 34102 (the"Grantor")and Naples North, LLC, a Delaware limited liability company. having a mailing address of c/o Automotive Management Services. Inc.. 505 S. Hagler Drive, Suite 700 - West Palm Beach. FL 33401 (the"Grantee"). Witnesseth that said Grantor. for and in consideration of the sum of TEN ANI) NO/I00 DOLLARS (S10.00)and other good and valuable considerations to said Grantor in hand paid by said Grantee. the receipt whereof is hereby acknowledged, has granted. bargained, and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land.situate,Tying and being in Collier County. Florida,to-wit: • The real property which is more particularly described on Exhibit "A"which is attached hereto and incorporated herein by reference. Parcel Identification Number:00142440007. Subject to(i) real property taxes for the year 2014 and subsequent years; (ii)zoning, building code, and other use restrictions imposed by governmental authority; (iii) outstanding oil. gas and mineral interest of record. if any; and (iv) restrictions, reservations and easements of record and common to the subdivision, without reimposing the same. TOGETIIER \VITII all the right, title and interest of Grantor, if any, in and to the improvements, tenements, hereditaments. and appurtenances thereto belonging or in anywise appertaining and together with all rights and easements of record. To have and hold in fee simple forever. And the Grantor hereby covenants with said Grantees that the Grantor is lawfully seized of said land in fee simple;that the Grantor has good right and lawful authority to sell and convey said land;that said Grantor does hereby fully warrant the title to said land,and will defend the same against lawful claims()land demands of all persons whomsoever. PL 2015 0002660 REV 1 on 5058 Pc 1401 • • In Witness Whereof.the Grantor has hereunto set Grantor's hand and scat the day and year first above written. Signed,sealed and delivered in our presence: 14500 Tamisuni Trail North.MC. a Florida limited liability company • • „. ,,, NI J Lichig.Aut rind Signatory Vali f Ad._36 eiJ2•ir (Printed Name of Witness#1) ....--.-.‘\.•.P., C,'ot-;•• .„ 1 -,..,I.... 47 as 02 R % • • .5 41 .....,.4 ./.• •••• ' II ... ..„. ., . (Prin d Name of linen 4' j ' ( A i ) 'f. 1) -_L--0,`,.....,-,..,/ , I.,... ,i,....,„ . , .-...,. STATE OF FLORIDA ?..... COUNTY OF COLL1EIC,..ii N 1 .'...-fr . '..••'• - • , The foregoing instnn411",uls-ackwiedgefrbelbre me thisli_itty of July. 2014.by Joern Liebig,as AuthOilifgaptote forl4S00 Tamiami Trait North,LI,C, 4xinoridlpinifted 1 pilioleetz.ice)y company,%Owls Petionally known to me or who has produced Add-r—e) as kkntification. , .,„.. / ,,,, • My commission expires: .. - . 47 • bile , i ..dyp rcendcos, Printed Name of Noty Public (SEAL) . _ ZAN MAYLOC--- 6:117. c...., ,,-4,.;,iiiii,G, Mi COesabilleilit Empires [". _4.::4___, 0666166or 21.2016 i i' 1111 eM 5058 PG 1402 •EXP14IT"s " jfizAkir.scittimoit Parcel 1: That portion of the South 112 of the South 1/2 of the South 112 of Section 9,Township 41 South. Range 25 East.Collier County.Florida.Lying East of U.S. Highway No.41 (Florida State Road No,45).being more particularly described as follows: BEGIN at the Southeast comer of Section 9.Township 48 South.Range 25 East,Collier County, Florida;Thence run South 88°05'34` west along the South line of the Southeast Quarter of said Section 9,for a distance of 444.26 feet to a point on the Easterly right-of-way Inc1of U.S.Highway No. 41 (S.R. No. 45), a 200.00 foot right•of way; thence run North 1691'03" West,along said Easterly right-of-way lire for a distance of 37946 feet to the beginning of a tangential circular curve.concave to the East;thence nanNotthecly alougAsid Easterly right-of-way line and along the arc of said curve to the right,having. statsit raik through a central angle of 03°03'56'► subtended by a Chord of 301.17feet 1;4 )7 ti bearing of North, West.tot a distance of 301.21 feet,to a point on the Noreh;1ine-of the South half of the tooth for of the Southeast 114 of said Section 9;thence run North 28.11'51"EastTaloug the North ltitq of the South 1/2 of the South 112 of the Southeast 1(4 of said Section 4 roe distance of 590.70 feel to s4 point on the East tine of the • Southeast 1!1 of said Section.91 dict;,fir•t M 4'83 ,; t. along the East line of the Southeast 114 of said Section 54ft*oti4tiMcelof16090,,kekto4he POINT OF BEGINNING. --- Parcel 2: : • Non-exclusive casement fo'e,:t'ge"benefiit of Parcel 1 *Vane* Easement recorded in Official Records Rook 2974;Pigei208 for the purpose ii -%ehicular and pedestrian Ingress and egress over and across the land ileictrilk.do fbltows. A strip of land lying in a portion of the Noonfthalf.o to Southeast quartet of the Southeast quarter of Section 9,Township 48 South. Range 25 East.Collier County. Florida.and more particularly described as follows: Beginning at an intersection with the South'One of the North half of the Southeast quarter of the Southeast quarter of said Section 9 and the Easterly tight-of-way line of U.S. Highway No. 41 (State Rood No.45)run along said Easterly right-of-way line for a distance of 5809 feet along the arc of a curve concave to the Northeast having a radius of 5629.58 feet, a central angle of 00'35'28"a chord distance of 58,09 feet and a chord bearing of N.12'49'24" W. to a point on a non-tangential lune;thence leaving said Easterly right-of-way line run N.88°17'S1'E.along a linty parallel with and 57 feet North of the South line of the North half of the Southeast quarter of the Southeast quarter of said Section 9 for a distance of 126.20 feet;thence run S.0142'09" E. for a distance of 57.00 feet to a point on said South line: thence nm S.8$°17'51" W.along said South line for a distance of 115.00 feet to the Point of Beginning. ICS°9lt_Lost 1.011/2014 • Collier County Property Appraiser Property Summary • Parcel No. 00142440007 Site Adr. 14610 TAMIAMI TRL N Name /Address NAPLES NORTH LLC %AUTOMOTIVE MGMT SERVICES INC SOS S FLAGLER DR Ir 700 City WEST PALM $EACH State FL Zip 33401 Map No. Strap No. Section Township Range Acres 'Estimated A 000100001 13A09 9 48 25 Legal 9 48 25 S1/2 OF S1/2 OF S1/2. LYING E OF NEW US 41 7.80 AC Mi11ase Area• 143 Millage Rates Q 'Calculations Sub./Condo 100 ACREAGE HEADER School Other Total Life Cods• 10- VACANT COMMERCIAL 5.48 11.1227 • Latest Sales History 2015 Certified Tax Roll Nei as Styes are listed due to C ty) `,uG r,, to Date Book-Page Amount Land Value S 2,548,260 07/15/14 5058,140Q $ 9.000.000 (-) Improved Value S 0 12/19/02 3178-2588 5 0 07/18/00 2¢99-967 3 2,600,000 (.) Marko Value $ 2.548,260 08/20/99 2513-1007 $0 (•) Assessed Value $2.548.260 10/01/84 1103-760 S0 I•) School Taxable Value 5 2,54$„260 (:) Taxable Value 5 2.548.260 If aM Values drown.Hoye equal 0 the%parcel was creadd after Our fins Tape Roll II 1 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) i, 1i-rr( /may/' (print name),as / (title, if applicable)of itettokS Ab-44,GLC (aprnpany, If a licable),swear or affirm under oath,that I am the(choose one)ownern �applicantcontract purchaserrland that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by/the Ippro ed action. 5. We/I authorize %' 1?r2 if to act as our/my representative in any matters regarding this petitioning 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 partners'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. gnature Date STATE OF FLORIDA COUNTY OF COLLIER __ '� t foregoing ins ant :- sworn to(or affirmed)and subscribed before me on � j - ) date) by 4 1,.A (name of person providing oath or affirmation), as Yt�il C: CZ ( who is personally known to me or • has produced (type of identific�ftion)as identifica`ti�dtr�`'� / STAMP/SE• Sign. ure of Notary Public VU". SHARON ANN IOIJURN • Notary Po11M•.itN,R tof Markle (� l r S.'/ &i CosNsNNM / Mr cosi .FNMA O I u.lets /// • -21111161. CP106-COA-00115\155 REV 3124/14 Bonita Beach Rd. i _ ....—. _____. z• i= 1 e 6 > rE /1 Site of Mercedes-Benz i of Bonita Springs \/ I . 1 te i I IX ., • 4 , 4. , wel 1, s S ii(— Immokalee Rd i _ 0 i I . . t\ . , t 1 I \ .1 i I , V -.„.._...___ . e 1 1 i . . . Vicinity Map No scale 0 PL 2015 00 0 2 6 6 0 REV 1 Sign Variance Application/ Dimensional Information • Revised 5.16.2016 pursuant to staff comments(5.11.16) Property Owner and Applicant: North Naples LLC dba Mercedes-Benz of Bonita Springs 14610 Tamiami Trail Folio Number. 00142440007 Lot Dimensions: Area:7.8 ac. Frontage:678' Building Dimensions: Building Area:88,619 SF+/- Front elevation width:250' Signs proposed: Type Quantity Description and Sian Area Wall: signs R3 and R4 as labeled on attached Sign Plan 2- MB"Star logo" illuminated 49.22 SF each (7' 0 3/16"X 7'0 3/16" Pole Sign: sign R1 as labeled on attached Sign Plan. 1 Sign 24'9 7/16"overall height Sign copy area 118.75 SF (19'0"X 63")measured top of star bgo to bottom or'Commerdai Vans' Sign structure area 7.67'X 24'9 W Variances sought: LDC Section 5.06.04 F.4 • Wall: 2 signs/Mercedes Star Logos vs signs in addition to those on front elevation 1 Star Logo 49.22 SF on North Elevation Vertical Tower element 1 Star Logo 49.22 SF on South ElevationNerticcal Tower element Freestanding: 24'9"height (LDC Sec. 5.06.04 F.1.a) vs.15' height permitted Pole Sign Copy area 118.75 SF(LDC Sec. 5.06.04 F.1.c) vs. 80 SF/arterial roads *The two Mercedes Benz"star logos"are not parallel to the Tamiami Trail right of way but are located on a vertical tower element that is perpendicular to the Tamiami Trail facade. Hence, one star logo faces north and one faces south. When viewing the frontage elevation straight-on from Tamiami Trail at a stationary position, only two signs, the long Mercedes-Benz of Bonita Springs and the very small SERVICE will be readily visible. One has to be moving or at an angular vantage point to the building to see either one of the star logos. Collier County Allowable Signage 1. Wall signs:retail businesses w/floor area larger than 25,000 SF and front wall length over 200' are allowed three signs. Maximum allowable wall sign area:20%of facade or maximum of 250 SF for buildings over 60,000 SF. • 2. Ground Signs:maximum height 15'along arterial roads, 12'along others Maximum sign copy area:80 SF fronting arterial roads,60 SF fronting others Minimum setback: 10',Number of signs permitted: 1 1 P120150002660 REV 3 • Wall Sign Variance Justification... As detailed above in the dimensional information matrix, the variance request seeks an additional wall sign on the north elevation and an additional wall sign on the south elevations. These two elevations are not facing the public right of way and therefore the entitlement of three wall signs does not include signs on either of these two elevations as square foot area does not carry over from one elevation to another. The Collier County sign code allows only three wall signs on any one building elevation which is longer than 200 feet. If a commercial building exceeds 60,000 SF in floor area the combined area of those three signs shall not exceed 250 SF total. Two wall signs proposed for the front(west) elevation are in the preliminary permitting phase currently which contain 141.26 SF (Mercedes-Benz of Bonita Springs) and 8.28 SF(Service) respectively. The two trademark star logo signs that are proposed for the north and south elevation each total 49.5 SF, therefore the total of all four wall signs is 248.54 SF. The proposed Mercedes Benz building is immense containing 88,619 SF and will be consistent with the design, massing and layout of all Mercedes Benz dealerships currently being built nationally but more importantly, the design of the building is consistent with the Architectural and Site Design Standards provided for in Sec. 505.08. • In plan view, the unique primary/front elevation is slightly curved,the glazing on the front elevation exceeds the 20% minimum, a covered public entry arcade contains columns, and the handsome tower element, on which the signs are located breaks up the building's large massing. The proposed signs are miniscule compared to the building's enormous scale. The length of the building is 250'feet with an average height of 35.5 feet but varying from 22 feet to 50 feet in height which includes a massive parking ramp at the rear of the building, portions of which are visible from the Tamiami Trail. The approximate square foot area of the front façade is 8365 square feet and when these four relatively small signs are placed (two on the front elevation and one each on the towers north and south elevations) they only account for 2.97% of the façade. The practical identification impact of that 2.97%figure is reduced even more because the four signs are located on three separate elevations. Additionally, the two proposed star logos are relief design embellishments on the tower element and which further enhance the identifiable building landmark, albeit an international trademark. Smart! It is important to note that the sign code allows total wall sign area up to 20% of the facade or a maximum area of 200 SF. This 20% limitation is based on reasonable and consistent architectural proportions allowing adequate business identification and, at the same time, addressing the public policy of limiting the proliferation of signs. Because the • variance request proposes signs that, in total, only achieve a minimal 2.97% of the front elevation the real nature of the hardship and unreasonable burden that the literal 2 interpretation of the sign code imposes on the applicant is readily apparent and the need S for discretionary consideration obvious because of such a massive building. The scale of the proposed wall signage is underwhelming at best and is consistent with the general intent and purpose of the Collier County Sign Code and Growth Management Plan and will not be injurious (or even visible) to adjacent properties or otherwise detrimental to the public welfare as noted in criteria (f) of LDC 5.06.08 B. Variance criteria pursuant to LDC 5.06. 08. B (wall signs) a) The unique and rounded foundation/wall alignment of this prototypical Mercedes Benz building and the location of the tower element appropriately informs the motoring public as well as the customers who ingress the site. The signs are tasteful and clearly the minimal solution necessary to provide adequate business identification, especially for a tourist related market, all of which is provided for in the sign code. The main building sign (not part of this variance application) is facing away from the approaching traffic headed northwest along said arterial road. The placement of the two seven foot Mercedes Benz "stars", which are included in sign variance request, will assist in ameliorating that locational and identification problem as the "star" is located on tower element which "bumps out" from the front building wall and perpendicular to Tamiami Trail will significantly enhance the building's identification when seen by the public from approaching angled vantage points along Tamiami Trail. b) The literal interpretation and enforcement of three wall sign maximum and 250 SF maximum for such a massive building would deprive the applicant of reasonable signage rights that are commonly enjoyed by other properties in the same zoning district. Said buildings are smaller in scale and closer to the viewing right of way and permitted signage is generally proportional and reasonable. A limitation of 250 square feet of sign area, and that is not specifically limited to sign copy only, a limitation of these specific four signs totaling only 2.97% of the main façade on such a massive building imposes an unnecessary and undue hardship on the applicant and is especially unreasonable. c) The special conditions and circumstances which are peculiar to this prototypical Mercedes Benz structure are not a result of this applicant's actions but are imposed upon the applicant by Mercedes Benz national branding. d) The granting of this variance will not confer on the applicant any special signage or privilege that is denied to other lands, structures in the same zoning district. This building is more massive and uniquely designed than any said neighboring structures in this same C4 zoning district. The variance and accompanying appropriate discretionary review, if granted, will provide reasonable and proportionally sized signage which all structures in the same zoning district are entitled to. The discretionary issue is a matter of scale vs. reasonable signage. e) As mentioned in the above narrative, the variance, if granted is the minimum relief that will make possible the reasonable use and identification of the building. 5 (Special editorial note: This planning consultant/agent has had over twenty eight years of signage review and enforcement experience in public jurisdictions in the 3 • western US and Tampa, Florida and I believe that the signage proposed herein, given the size and design complexity of the building, is well below the minimum necessary for reasonable identification and use.) f) The scale of the proposed wall signage is underwhelming at best and is consistent with the general intent and purpose of the Collier County Sign Code and Growth Management Plan and will not be injurious (or even visible) to adjacent properties or otherwise detrimental to the public welfare. Pole Sign Variance Justification 1 As noted in the dimensional information above, this variance application proposes a standard branding Mercedes Benz pole sign that is 24'9"tall which exceeds the maximum height limit of 15'for parcels abutting an arterial road. The proposed sign copy area of 118.75 SF exceeds the sign copy area maximum of 80 SF because the sign area is calculated from the top of the star logo to the bottom of the lowest sign copy. The actual or net sign copy area is 63.1 SF excluding the address of"14610." Said address is located within the upper one third of the sign. The proposed setback of 36'from the front property line the sign exceeds the minimum setback of 10'. As the sign is set back farther into the property,there should be discretionary and design incentives to encourage that type of placement. Many jurisdictions promote the same, which is known as the"canyon effect" This visual effect eliminates "cookie cutter" or"standing dominos" looking streetscapes and facilitates better exposure of all signs. Neighboring signs are not obscured. Currently the compliant viewing ratio or angle of sign setback to sign height is 10'to 15' or 1'0" horizontal to 1.5' vertical. The proposed variance pole sign ratio of sign setback of 36'to sign height of approximately 25' high is 1.44' horizontal to 1'0"vertical. Because of the greater setback, the viewing angle of the proposed sign will appear less intrusive than would a compliant sign of 15' in height with a setback of 10'. Variance criteria pursuant to LDC 5.06.08. B(pole sign) a) There are special conditions and circumstances that exist which are peculiar to this land, structure or building involved that are not applicable to other lands, structures or buildings in the same district. The 7.8 acre site is larger than adjacent commercial sites in the same district and with a frontage of 678'the parcel likewise exceeds the frontage of most commercial sites. Another special condition that must be considered is the fact that with such a large frontage only one ingress/egress access, shared with the adjacent Tamiami Square shopping center development, is proposed and that is at the extreme northwest corner of the site in close proximity to where the sign is proposed. A taller sign would be considered an effective visual landmark and would provide better visibility and access identification thus making the single access more identifiable so 1110 approaching customers will not be confused and traffic along Tamiami Trail will not be slowed or impeded. This taller sign with a greater setback will reduce the 4 unsightly streetscape prospective of repetitive pole signs lined up at the minimum S setback along the roadway. b) The literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work an unnecessary and undue hardship on the applicant. The adjacent multi-use properties are free to design and install individualized custom signs and are not bound by a national branding requirement which, in part, dictates sign size and height, sign type and sign copy message. c) That special circumstances which are peculiar to the land, structure or building do not result from the actions of the applicant.As mentioned in b),the sign specifications are imposed on the applicant by national branding requirements pursuant to the size and location of the dealership. The greater sign setback is one discretionary response to better ameliorate the sign's non-compliance as to height but said increased setback and related sign height tradeoff require discretionary approval. Also discussed in b) above, the single ingress/egress access to the entire parcel was imposed upon the applicant and the taller 24'9" ground sign will better identify the location of that single access. Also as discussed in detail on Page 2 above, the viewing ratio of vertical to horizontal is less extreme than a compliant sign of 15' in height with a 10'setback. d) That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures or buildings in • the same zoning district. As discussed in b) and c) above, the variance will better identify this business and access to this business to both the local market and the significant tourist market and ameliorate the disadvantage of only a single access to such a large and busy parcel. Additionally, adjacent parcels have smaller frontages and in some cases frontages just exceeding 150 feet that allows one ground sign while this parcel having three times the frontage of 678' is still only allowed one ground sign. This disadvantage should be addressed. The variance application seeks discretionary and equivalent consideration. e) The requested variance is the minimum that meets the national branding requirements,the more comfortable viewing setback-to-sign-height-ratio consideration, and the establishment of a significant visual landmark contributes to safe travel while promoting commerce. f) The granting of this sign variance meets Section 5.06.01 Purpose and Intent. The sign will be promote the health, safety and welfare by lessening hazards to vehicular traffic,the sign contributes to the economic and aesthetic appeal of the county, the location of the sign will not obscure other signs to the detriment of the county, the attractive design and its architectural compatibility with the proposed dealership building will significantly contribute to and promote the tax base of the county as well as the county's appearance. • 5 (-) , 3 224.9 VW o.AH. tee% S en r----- P i v' 3 • _ N Y •9s'VOCs IOW -----------"]- j a r r 7 Vi r 7 WV 111 1—a-2—ie. a° a Z a. W -. 3 ():s.) 1 4 ,":2 4 : we A - a co. a - O q D M M V U 0 3 p —. 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COA: JOB ADDRESS: 14610 Tamiami TRL N,Unit: JOB DESCRIPTION: MERCEDES BENZ CLUSTER DIRECTIONAL SIGN JOB PHONE: -14610 TAMIAMI TRL N SUBDIVISION#: BLOCK: LOT: FLOOD MAP: ZONE: ELEVATION: FOLIO#: 142440007 SECTION-TOWNSHIP-RANGE: 9-48-25 OWNER INFORMATION: CONTRACTOR INFORMATION: NAPLES NORTH LLC%AUTOMOTIVE MGMT LOTT SIGN SERVICE INC SERVICES INC 4141 MOWREY RD 505 S FLAGLER DR# 700 WESLEY CHAPEL,FL 33543 WEST PALM BEACH ,FL 33401- CERTIFICATE#: t.crm+w5wcu PHONE: FCC CODE: CONSTRUCTION CODE: 0218 JOB VALUE: 54,160.00 TOTAL RES SOFT: 0 TOTAL COMM SQFT: 0 SETBACKS FRONT: REAR: LEFT: RIGHT: SEWER: WATER: CONTACT NAME CONTACT PHONE: Per Collier County Ordinance No.2002-01.as it may be amended.all work must comply with all applicable laws,codes,ordinances.and any additional stipulations or conditions of this permit.This permit expires if work authorized by the permit is not commenced within six(6)months from the date of issuance of the permit.Additional fees for failing to obtain permits prior to the commencement of construction may be imposed.Permittee(s)further understands that any contractor aha:.may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE,FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE(EITHER THE OWNER OR CONTRACTOR)TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION(DEP). FOR MORE INFORMATION,CONTACT DEP AT(239)344-5600. In addition to the conditions of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county,and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 11 a a r zI I co z .ii,!, g' Ili _ . • `" UI flh t 1 II I a — iIIJb i 5 .• a 2r w® ® i�J mu' 6o r 1 ...' i 1 cr o1 r .. rt o w 2 I r 6 g 1 cn r 11 411 1 F- 2 ON D 113 5 e O / z � w 21 '‘ I (000 i T a1^ •r — -II---; _ NNN t t 11 0 , I ; � I 1 ' 1 ►� i TI CU o • f" > 1 ! W co W 1 I 4) i a) V o E 1 MINIM U) I ( W E 1 n,.=— 0 to 0 0 1 1 4 k 0 / anv / .wca / /----.1n4-- iv¢o / AWL-L� / ,9V11L•J. / .HCL-J. AMU,' "4111114 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT 34) PERMIT#: PRBD2016041273301 PERMIT TYPE: SF1 � ISSUED: BY: APPLIED DATE: 04-08-16 APPROVAL DATE:04-15-16 MASTER : PRBD20160412720 COA: JOB ADDRESS: 14610 Tamiami TRL N, Unit: JOB DESCRIP'T'ION: MERCEDES BENZ OF BONITA SPRINGS ELECTRIC JOB PHONE: WALL SIGNS-14610 TAMIAMI TRL N SUBDIVISION#: BLOCK: LOT: FLOOD MAP: ZONE: ELEVATION: FOLIO#: 142440007 SECTION-TOWNSHIP-RANGE:9.48-25 OWNER INFORMATION: CONTRACTOR INFORMATION: NAPLES NORTH LLC%AUTOMOTIVE MGMT LOTT SIGN SERVICE INC SERVICES INC 4141 MOWREY RD 505 S FLAGLER DR#700 WESLEY CHAPEL,FL 33543 WEST PALM BEACH ,FL 33401- CERTIFICATE#:...cc_012.e,4s3t PHONE: FCC CODE: CONSTRUCTION CODE: 0218 JOB VALUE: 542,916,00 TOTAL RES SQFT: 0 TOTAL COMM SOFT: 0 4110 SETBACKS FRONT: REAR: LEFT: RIGHT: SEWER: WATER: CONTACT NAME: CONTACT PHONE: Per Collier County Ordinance No,2002-01.as it may be amended,all work must comply with all applicable laws,codes,ordinances,and any additional stipulations or conditions of this permit This permit expires if work authorized by the permit is not commenced within six 16)months from the date of issuance of the permit.Additional fees for failing to obtain permits prior to the commencement of construction may be imposed.Permittee(s)further understands that any contractor tha:may be employed must be a licensed contractor and that the structure must not be used or occupied until a Ccnificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE,FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE(EITHER THE OWNER OR CONTRACTOR)TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION(DEP).FOR MORE INFORMATION,CONTACT DEP AT(239)344-5600. In addition to the conditions of this permit,there may be additional restrictions applicable to this properly that may be found in the public records of this count),and there may be additional permits required from other governmental entities such as water management districts,state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH W YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. s-s rMr yy 1HMiMr�! '�1'II( tMmwylm ----4( • — ;: :..71 -% -_---.. : 4 [ - -- : .--..-7:--.7. 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WI r j w�al W Saw 8g 11 a lli It -NV J vir ct, „........ .: ...."_,fr i. a c — f y i :- �� Iii i ,kilg 'Fz —mos-— 11,4, -- 1 I alki r N n pm `/ Wil ails r g • cD $ `� iitL N CD Pc Cn (D A, OMNI■ I—NMI '1. cC — = /2f goot 7 --..,,,,V 1 Ili O i i 0 _ . \..... e, ; 1 , I . 3 iii _ D _ .s r— �OMB OEM-- ca t —I g II II •N O i �: r . i!iP III Ph I • ; A11 AI c •n ccmw # wi 1ler tx , 0, • Itrim • � T AFFIDAVIT OF COMPLIANCE 0 , I hereby certify that pursuant to Ordinance 2004-72,of the Collier County Land Development Code, I did give notice by mail at least 15 days after receipt of letter indicating that the application is sufficient to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a variance or parking exemption. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified The said notice contained the laymen's description of the site property of proposed change. Per attached letters and or property owner's list,which are hereby made a part of this Affidavit of Compliance. 1 Me ./(7,c)etic.„/ (Si:"":' . of Applicant) • State of Florida , C ouvti1 b 4 t.0e. The foregoing Affidavit of compliance was acknowledged before me this ala day of 1).11e ,4010-by W...4 k c tc,(,3evr 0r•4-kk.1 ,who is personally aC91 known to me or who has produced c,, .L Oi w cyr l_tic.-QAs�. as identification. 1 hof Notary Public) (Notary Seal) Printed Name of Notary WA OM it_ j sTA1 a FLORIDA ,',.., CmAni 3t�J Erokaa 0 Mark B's^""-7,Agent for Naples North LLC dba Mercedes-Benz of Bonita Springs • 2530 Citrus Tower Blvd.lith#18104 Clermont,Florida 34711 436.512-8833 June 21,2016 RE: SIGN VARIANCE P120150002660 Dear Property Owner Please be advised that I have made a formai application to Collier County for a sign variance on behalf of the property owner from the requirements of the zoning regulations as they apply to the following described property: 14610 Tamiami Trail North- Mercedes-Benz of Bonita Springs dealership It is our intent to ask the County to allow installation of the following signs: • 1. increase the height of the proposed pole sign from 15'to 24'9e, and increase the sign area from 80 SF to 118.75 SF.The justification is the sign is setback 36'from the front property line when minimum setback is 10'. 2. Allow two branding Mercedes-Benz star logos on a sign tower at the east (front)of the building, one star to face north and one star to face south. In order to provide you an opportunity to become fully aware of our intention, you may choose to telephone me for further information or if you desire, you may call Rachel Beasley, Planner with Collier County Planning Department 239-252-8202. Please be advised that we are interested in assuring you that this request should not adversely affect your property interest. relyBre, Mark nch eai-Lc." y,Agent 435.512.6833 • � j • J • , a. • r 1 r , t - ` . 1. ° ! i priZr 44.11 4.411 a 1. 24 ill* i f firi �- - - or T 3 _ C • ,� the G. ..o g .. Q _ .`� :rIl 11.41 a 2 al ar -•_. . _ } E miist:mEl s _..... ...._ a tK' w C*� M OM 0 a. _ �w ig1 us 30 nrw O � -- sem' ,� .c - �..�. _ w to O M `11. ! 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