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HEX Backup 10/27/2016 COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS OCTOBER 27, 2016 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,OCTOBER 27,2016 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. I. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES: September 22,2016 4. ADVERTISED PUBLIC HEARINGS: A. PETITION DR-PL20160001107—Petitioner,TT of Naples,Inc.requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks deviations from LDC Section 4.02.01, to reduce the minimum side yard setback, from LDC Section 4.05.04, to reduce the minimum number of required parking spaces, from LDC Section 4.06.02, to reduce the minimum required landscape buffer width and allow encroachments into required landscape buffers, from LDC Section 4.06.03, to allow interior planting areas within vehicular use areas to overlap the perimeter buffer, from LDC Section 4.06.05, to reduce the minimum required foundation planting area width, and from LDC Section 5.05.08,to reduce the minimum required setback between the front entry and a drive or a parking area. for a proposed Acura dealership project.The subject property is located on the north side of Exchange Avenue,just east of Airport-Pulling Road, in Section 36, Township 49 South, Range 25 East, Collier County,consisting of 2.48±acres. [Coordinator: Daniel J. Smith,AICP,Principal Planner] B. PETITION NO. VA-PL20160001181 — Roxanne B. Stone-Jeske and Nancy D. Koeper request a variance from Section 4.02.03.A, Table 4 of the Land Development Code to reduce the minimum rear yard accessory structure setback line from 20 feet to 6.55 feet for a swimming pool,spa,pool deck and stairs on a waterfront lot within the Residential Single-Family (RSF-3) zoning district. The subject property is located on Lot 11, Block M of the Conners Vanderbilt Beach Estates Unit 2 subdivision,on the south side of Trade Winds Avenue,approximately 1000 feet west of Vanderbilt Drive in Section 29, Township 48 South.Range 25 East,Collier County,Florida.[Coordinator: Rachel Beasley] 5. OTHER BUSINESS 6. PUBLIC COMMENTS 7. ADJOURN October 27, 2016 Da-PL20160001107 TT of Naples, Inc. September 28, 2016 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on October 7, 2016,and furnish proof of publication to the attention of Daniel Smith, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION:ZONING [Zoning Services Section} FUND&COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500161942 Account Number: 076397 Authorized Designee signature for HEX Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, October 27th, 2016, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples Fl 34104, to consider: PETITION DR-PL20160001107— PETITIONER, TT OF NAPLES, INC. REQUESTS APPROVAL OF A SITE PLAN WITH DEVIATIONS PURSUANT TO LDC SECTION 10.02.03.F AND SEEKS DEVIATIONS FROM LDC SECTION 4.02.01, TO REDUCE THE MINIMUM SIDE YARD SETBACK, FROM LDC SECTION 4.05.04, TO REDUCE THE MINIMUM NUMBER OF REQUIRED PARKING SPACES, FROM LDC SECTION 4.06.02, TO REDUCE THE MINIMUM REQUIRED LANDSCAPE BUFFER WIDTH AND ALLOW ENCROACHMENTS INTO REQUIRED LANDSCAPE BUFFERS, FROM LDC SECTION 4.06.03, TO ALLOW INTERIOR PLANTING AREAS WITHIN VEHICULAR USE AREAS TO OVERLAP THE PERIMETER BUFFER, FROM LDC SECTION 4.06.05, TO REDUCE THE MINIMUM REQUIRED FOUNDATION PLANTING AREA WIDTH, AND FROM LDC SECTION 5.05.08, TO REDUCE THE MINIMUM REQUIRED SETBACK BETWEEN THE FRONT ENTRY AND A DRIVE OR A PARKING AREA, FOR A PROPOSED ACURA DEALERSHIP PROJECT. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF EXCHANGE AVENUE, JUST EAST OF AIRPORT-PULLING ROAD, IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, CONSISTING OF 2.48±ACRES. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida 11GoOdIe t i 7 Airport Puinng RD 1 , ' I I G) Ia Livingston RD m fi ,,,, i Acct #076397 September 28, 2016 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: DR-PL20160001107, TT of Naples, Inc. (Display Ad) Dear Legals: Please advertise the above referenced notice (w/Map) on Friday, October 7, 2016 and send Duplicate Affidavits of Publication, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500168030 September 28, 2016 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on October 7, 2016, and furnish proof of publication to the attention of the Board's Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, FL 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500161942 Account Number: 076397 Authorized Designee signature for HEX Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, October 27th, 2016, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: PETITION DR-PL20160001107— PETITIONER, TT OF NAPLES, INC. REQUESTS APPROVAL OF A SITE PLAN WITH DEVIATIONS PURSUANT TO LDC SECTION 10.02.03.F AND SEEKS DEVIATIONS FROM LDC SECTION 4.02.01, TO REDUCE THE MINIMUM SIDE YARD SETBACK, FROM LDC SECTION 4.05.04, TO REDUCE THE MINIMUM NUMBER OF REQUIRED PARKING SPACES, FROM LDC SECTION 4.06.02, TO REDUCE THE MINIMUM REQUIRED LANDSCAPE BUFFER WIDTH AND ALLOW ENCROACHMENTS INTO REQUIRED LANDSCAPE BUFFERS, FROM LDC SECTION 4.06.03, TO ALLOW INTERIOR PLANTING AREAS WITHIN VEHICULAR USE AREAS TO OVERLAP THE PERIMETER BUFFER, FROM LDC SECTION 4.06.05, TO REDUCE THE MINIMUM REQUIRED FOUNDATION PLANTING AREA WIDTH, AND FROM LDC SECTION 5.05.08, TO REDUCE THE MINIMUM REQUIRED SETBACK BETWEEN THE FRONT ENTRY AND A DRIVE OR A PARKING AREA, FOR A PROPOSED ACURA DEALERSHIP PROJECT. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF EXCHANGE AVENUE, JUST EAST OF AIRPORT-PULLING ROAD, IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, CONSISTING OF 2.48±ACRES. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida 11GoOdIe t i 7 Airport Puinng RD 1 , ' I I G) Ia Livingston RD m fi ,,,, i Martha S. Vergara From: Gori,Ivonne <Ivonne.Gori@naplesnews.com> Sent: Thursday, September 29, 2016 9:40 AM To: Martha S. Vergara Subject: RE: DR-PL20160001107 TT of Naples, Inc. (HEX) Confirmed receipt. From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Wednesday, September 28, 2016 4:57 PM To: NDN-Legals<legals@naplesnews.com> Subject: DR-PL20160001107 TT of Naples, Inc. (HEX) Hello, Please advertise the following attached ad Friday, October 7, 2016. Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@@collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 Martha S. Vergara From: Gori, Ivonne <Ivonne.Gori@naplesnews.com> Sent: Friday, September 30, 2016 3:51 PM To: Martha S.Vergara Subject: FW: CC HEX - 1296644 Attachments: ND-1296644.pdf Please find attached a proof for you to review and approve. Thanks! Ivonne From: Boyer, Barbara Sent: Friday, September 30, 2016 3:40 PM To: Gori, Ivonne <Ivonne.Gori@naplesnews.com> Subject: CC HEX- 1296644 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, October 27th, 2016, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610, Naples FL 34104,to consider: PETITION DR-PL20160001107 - PETITIONER, TT OF NAPLES, INC. REQUESTS APPROVAL OF A SITE PLAN WITH DEVIATIONS PURSUANT TO LDC SECTION 10.02.03.F AND SEEKS DEVIATIONS FROM LDC SECTION 4.02.01,TO REDUCE THE MINIMUM SIDE YARD SETBACK, FROM LDC SECTION 4.05.04, TO REDUCE THE MINIMUM NUMBER OF REQUIRED PARKING SPACES,FROM LDC SECTION 4.06.02, TO REDUCE THE MINIMUM REQUIRED LANDSCAPE BUFFER WIDTH AND ALLOW ENCROACHMENTS INTO REQUIRED LANDSCAPE BUFFERS, FROM LDC SECTION 4.06.03,TO ALLOW INTERIOR PLANTING AREAS WITHIN VEHICULAR USE AREAS TO OVERLAP THE PERIMETER BUFFER,FROM LDC SECTION 4.06.05,TO REDUCE THE MINIMUM REQUIRED FOUNDATION PLANTING AREA WIDTH,AND FROM LDC SECTION 5.05.08,TO REDUCE THE MINIMUM REQUIRED SETBACK BETWEEN THE FRONT ENTRY AND A DRIVE OR A PARKING AREA, FOR A PROPOSED ACURA DEALERSHIP PROJECT. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF EXCHANGE AVENUE,JUST EAST OF AIRPORT-PULLING ROAD,IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, CONSISTING OF 2.48±ACRES. Golden Gate PKWY PROJECT a LOCATION c I $ rn' c0 . - Radio RD' g wE a All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356,(239)252- 8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida October 7,2016 No.1296644 ND-12.644 ❑ PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT:9/30/2016 3:35 PM SALES PERSON: Ivonne Gori PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE: 10/07/16 ND-1296644.INDD SIZE:3 col X 9.25 in Martha S. Vergara From: Martha S. Vergara Sent: Friday, September 30, 2016 4:44 PM To: Smith, Daniel; Rodriguez, Wanda (WandaRodriguez@colliergov.net); Stone, Scott; Ashton, Heidi Subject: DR-PL20160001107 TT of Naples, Inc. Attachments: ND-1296644.pdf Hi Daniel, Attached is the ad proof for the HEX Meeting on 10/27/16. Please let me know if there are any changes needed. Thanks, Martha NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, October 27th, 2016, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: PETITION DR-PL20160001107 — PETITIONER, TT OF NAPLES, INC. REQUESTS APPROVAL OF A SITE PLAN WITH DEVIATIONS PURSUANT TO LDC SECTION 10.02.03.F AND SEEKS DEVIATIONS FROM LDC SECTION 4.02.01,TO REDUCE THE MINIMUM SIDE YARD SETBACK, FROM LDC SECTION 4.05.04, TO REDUCE THE MINIMUM NUMBER OF REQUIRED PARKING SPACES,FROM LDC SECTION 4.06.02, TO REDUCE THE MINIMUM REQUIRED LANDSCAPE BUFFER WIDTH AND ALLOW ENCROACHMENTS INTO REQUIRED LANDSCAPE BUFFERS, FROM LDC SECTION 4.06.03,TO ALLOW INTERIOR PLANTING AREAS WITHIN VEHICULAR USE AREAS TO OVERLAP THE PERIMETER BUFFER,FROM LDC SECTION 4.06.05,TO REDUCE THE MINIMUM REQUIRED FOUNDATION PLANTING AREA WIDTH,AND FROM LDC SECTION 5.05.08,TO REDUCE THE MINIMUM REQUIRED SETBACK BETWEEN THE FRONT ENTRY AND A DRIVE OR A PARKING AREA, FOR A PROPOSED ACURA DEALERSHIP PROJECT. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF EXCHANGE AVENUE,JUST EAST OF AIRPORT-PULLING ROAD,IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, CONSISTING OF 2.48±ACRES. Golden',Gate PKWY PROJECT ---� - LOCATION c al. u. C Radio RD a w+E All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive, Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252- 8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida October 7,2016 No.1296644 ND-1296644 ❑ PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT: 10/4/2016 9:38 AM SALES PERSON: Ivonne Gori PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE: 10/07/16 ND-1296644.INDD SIZE:3 col X 9.25 in Martha S. Vergara From: Rodriguez, Wanda Sent: Tuesday, October 04, 2016 11:40 AM To: Martha S. Vergara Cc: Smith, Daniel; Stone, Scott; KulakPatricia Subject: RE: TT of Naples ad proof revision Looks good now, thank you! Wanda Rodriguez, ACT .Advanced Certified TaraCegaf Office of the County.Attorney (239)252-8400 From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Tuesday, October 04, 2016 11:37 AM To: RodriguezWanda; SmithDaniel; StoneScott Subject: TT of Naples ad proof revision Importance: High Wanda, See the aforementioned ad proof that's attached. NDN removed the PUBLIC NOTICE at the top of the ad. Let me know if there are any other changes. Thanks, Martha Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 ,. ..`apineo Datill rw6 NaplesNews.com Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 1296644 NOTICE OF PUBLIC HEA 45-168030 Pub Dates October 7,2016 /�/�// (Sign ure of affiant) Sworn to and subscribed before me ') �,.►�"',"r':;%;%,, IVONNE GORI This October ,2016 1c \p My Comm.Expires Jul 16.2019 I 4.1A I .P,;,,g.• Banded through National Notary Assn. it5 ,1' (Signatur of affiant) ' 20A Friday,October 7,2016 Naples Daily News President Obama commutes record �C'rpE , ' '' }, % r°e s �.-.+ ni ffi 0 e total 774 federal _ ., -'```:"'=''lit: E`er prison sentences v -, : _ � 41 ""� fi el, RAY LOCKER USA TODAY j S. ".... fe!'lk f'�'' !'� ti' WASHINGTON-President Barack Obama com- :- muted the sentences of an additional 102 federal pris- on inmates Thursday,continuing his move to dramat- ' _ ically reduce the number of inmates in prison for ry drug crimes. 4•m. "The vast majority of today's grants were for indi- viduals serving unduly harsh sentences for drug-re- _ �a lated crimes under outdated sentencing laws,"White House counsel Neil Eggleston said."With today's { AUK KEPUCLAP grants,the president has commuted 774 sentences, Women shout slogans during a demonstration Monday at Castle Square in Warsaw,Poland,that was part of a nationwide more than the previous 11 presidents combined." strike to protest a legislative proposal for a total ban on abortion. Thursday's announcement followed a record- breaking month in August,when Obama commuted the sentences of 325 inmates. • • • • What started as a relatively simply move to re- Polish women hail victory ctory 7 Y1 duce the sentences of those convicted of drug crimes 1..711 ll i a a 1 l 11��A�i.1//11/ r ll.. 1 J' 11 l has turned into a move to grant commutations to in- matesmeant convicted of more serious crimes.That has commuting sentences without immediatelyy abortion proposal standoff releasing the inmates in what are known as"term" commutations,as opposed to the more common"time served"commutations.They represent a remark- VANESSA GERA In a complete reversal,lawmakers voted 352-58 on able departure from recent past practice.Unlike a ASSOCIATED PRESS Thursday to reject the proposal.Law andJustice leader full pardon,commutations shorten sentences but Jaroslaw Kaczynski warned lawmakers that additional leave other consequences of the conviction in place. WARSAW,Poland-Polish women are declaring vic- restrictions risked bringing about the"exact opposite A USA TODAY analysis of Obama's 673 commuta- tory in a dramatic showdown that pitted them against an effect." tions through August showed a marked change in antiabortion group and the conservative government Whether the women's movement is able to maintain strategy to his clemency initiative,one of the key this week.Three days after the women donned black, its momentum remains to be seen—sometimes revolu- criminal justice reform efforts of his presidency. boycotted work and staged giant street protests,law- tions peter out in the long,hard slog of bringing social Before August,almost all of the inmates whose makers voted overwhelming Thursday against a corn- change. sentences were commuted were released within four plete ban on abortion—a proposal they had supported But certainly abortion is a matter of widespread de- months,enough time for the Bureau of Prisons to ar- just two weeks earlier. bate ina way that it hasn'tbeen since 1993,whenthe cur- range for court-supervised monitoring and other re- The victory merely maintains the status quo,which rent law took force after difficult negotiations between entry programs.But the past two rounds of commu- is one of the most restrictive abortion laws in Europe, religious and secular Poles.Often referred to asa"com- tations granted in August showed that 39 percent but feminists hope they have gained the momentum to promise,"the law bans abortion in most cases but does SII came with a year or more left to serve on the sen- attack that next. make exceptions in cases of rape or incest,when the tence. Agnieszka Graff,a prominent feminist comments- woman's life is in danger or the fetus is badly damaged. Obama has also commuted the sentences of even tor,said she and other feminists have struggled in vain In practicemany doctors are declared conscientious more serious offenders.Before August,13 percent for years to reach younger Polish women,and this was objectors who refuse to perform even legal abortions. of inmates receiving clemency had used a firearm in the first time she has seen them mobilized in huge num- Polish women seeking abortions typically get them the offense.For those granted presidential mercy in hers. neighboring countries,or they order abortion pills on- August,it was 22 percent.On Thursday,11 of the 102 "The feeling on the street was revolutionary.Women line. commutations were for sentences involving a fire- were angry,but they were also elated at seeing how The proposal for further tightening of the law came arm. many of us there were.The black clothes created this from a citizens'initiative that gathered 450,000 signa- In Thursday's announcement,21 inmates were secret-but-open signal that connected strangers on the tures in this nation of 38 million.While supported by scheduled to be released from prison Feb.3.The rest street,"Graff said some conservative Catholics,it was highly unpopular will be released later in 2017 or years in the future, While the women protested to defend the current with most Poles,with people balking at the idea that a which is a continuation of the trend toward term re- law,she believes there is a good chance the events teenage rape victim should be forced to have her baby sentencing. might have the paradoxical result of creating"a whole or that a woman whose health was badly compromised Contributing:Gregory Korte generation of pro-choice women." would be forced to carry to term. NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,on Thursday,October 27th,2016,in the Hearing Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL Examiner(HEX)at 9:00 A.M.,on Thursday,October 27th,2016,in the Hearing 34104,to consider: Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider. PETITION DR-PL20160001107-PETITIONER,TT OF NAPLES,INC.REQUESTS APPROVAL OF A SITE PLAN WITH DEVIATIONS PURSUANT TO LDC SECTION PETITION NO.VA-PL20160001181 -ROXANNE B. STONE-JESKE AND NANCY 10.02.03.F AND SEEKS DEVIATIONS FROM LDC SECTION 4.02.01,TO REDUCE THE D.KOEPER REQUEST A VARIANCE FROM SECTION 4.02.03.A,TABLE 4 OF THE MINIMUM SIDE YARD SETBACK,FROM LDC SECTION 4.05.04,TO REDUCE THEMILAND DEVELOPMENT CODE TO REDUCE THE MINIMUM REAR YARD ACCESSORY TO REDUCEDM THNUMBEMOF UM REQUIRED LANDSCAPE,BUFFERFULDC SECTION A4.LLOW STRUCTURE SETBACK UNE FROM 20 FEET TO 6.55 FEET FOR A SWIMMING POOL TO THE MINIMUM REQUIRED LANDSCAPE WIDTH AND ALLOW ENCROACHMENTS INTO REQUIRED LANDSCAPE BUFFERS,FROM LDC SECTION SPA,POOL DECK AND STAIRS ON A WATERFRONT LOT WITHIN THE RESIDENTIAL 4.06.03,TO ALLOW INTERIOR PLANTING AREAS WITHIN VEHICULAR USE AREAS SINGLE-FAMILY(RSF-3)ZONING DISTRICT.THE SUBJECT PROPERTY IS LOCATED TO OVERLAP THE PERIMETER BUFFER,FROM LDC SECTION 4.06.05,TO REDUCE ON LOT 11,BLOCK M OF THE CONNERS VANDERBILT BEACH ESTATES UNIT 2 THE MINIMUM REQUIRED FOUNDATION PLANTING AREA WIDTH,AND FROM LDC SUBDIVISION,ON THE SOUTH SIDE OF TRADE WINDS AVENUE,APPROXIMATELY SECTION 5.05.08,TO REDUCE THE MINIMUM REQUIRED SETBACK BETWEEN THE 1000 FEET WEST OF VANDERBILT DRIVE IN SECTION 29,TOWNSHIP 48 SOUTH, FRONT ENTRY AND A DRIVE OR A PARKING AREA,FOR A PROPOSED ACURA RANGE 25 EAST,COWER COUNTY,FLORIDA. DEALERSHIP PROJECT.THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF EXCHANGE AVENUE,JUST EAST OF AIRPORT-PULLING ROAD,IN SECTION 36,TOWNSHIP 49 SOUTH,RANGE 25 EAST,COLUER COUNTY,CONSISTING OF 2.481 ACRES. iBlueiAII AVE 111th AVE N PROJECT /) LOCATION G —_/ Golden Gate PKWY 221. OT ¢ Gull f G1 0 D LOCATION S Mexico N... 73 z i' q Jo i Radio RD , F Vantleryilt Beach RD Y 1 g •-+- All interested parties are invited to appear and be heard. All materials used in ,,_j0 rt presentation before the Hearing Examiner will become a permanent part of the record. All interested parties are invited to appear and be heard. Al materials used in Copies of staff report are available one week prior to the hearing. The file can be , presentation before the Hearing Examiner will become a permanent part of the record. reviewed at the Collier County Growth Management Department,Zoning Division, I Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division, The Hearing Examiner's decision becomes final on the date rendered. If a person Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. decides to appeal any decision made by the Collier County Hearing Examiner with The Hearing Examiner's decision becomes final on the date rendered. If a person respect to any matter considered at such meeting or hearing,he will need a record of decides to appeal any decision made by the Collier County Hearing Examiner with that proceeding,and for such purpose he may need to ensure that a verbatim record respect to any matter considered at such meeting or hearing,he will need a record of of the proceedings is made,which record includes the testimony and evidence upon that proceeding,and for such purpose he may need to ensure that a verbatim record which the appeal is to be based. of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. It you are a person with a disability who needs any accommodation in order to If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of you a this proceeding, certain assistance. Please contact the Collier County Facilities Management Division participate p g,you are entitled,at no cost to you,to the provision of located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252- certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252- 8380,at least two days prior to the meeting. 8380,at least two days prior to the meeting. Mark Strain, Mark Strain, Chief Hearing Examiner Chief Hearing Examiner Collier County,Florida Collier County,Florida October 7,2016 No.1296644 October 7,2016 No.1296679 OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts FROM: Wanda Rodriguez, ACP /4-- DATE: November 1, 2016 RE: Hearing Examiner Decision from October 27, 2016. Attached is the signed HEX decision from the Hearing Examiner hearing on October 27, 2016. Attachment: HEX No. 2016 —39 [05-00A-01253/813782/1]744 HEX NO. 2016—39 HEARING EXAMINER DECISION PETITION DR-PL20160001107 — Petitioner, TT of Naples, Inc. requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks deviations from LDC Section 4.02.01, to reduce the minimum side yard setback, from LDC Section 4.05.04, to reduce the minimum number of required parking spaces, from LDC Section 4.06.02, to reduce the minimum required landscape buffer width and allow encroachments into required landscape buffers, from LDC Section 4.06.03, to allow interior planting areas within vehicular use areas to overlap the perimeter buffer, from LDC Section 4.06.05, to reduce the minimum required foundation planting area width, and from LDC Section 5.05.08, to reduce the minimum required setback between the front entry and a drive or a parking area, for a proposed Acura dealership project. The subject property is located on the north side of Exchange Avenue, just east of Airport-Pulling Road, in Section 36, Township 49 South, Range 25 East, Collier County, consisting of 2.48± acres. DATE OF HEARING: October 27, 2016 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 10.02.03.F.7 of the Land Development Code has been met and the petition should be approved. ANALYSIS: This application involves three (3) separate parcels that have been aggregated in one application and proposed for development under a unified plan. Existing structures and site development were added to the northern-most parcel in 1988. The southern two (2) parcels were developed pre-1975. The application proposes extensive redevelopment of some buildings, demolition of other buildings and new parking and landscaping areas. Overall project improvements are listed on Exhibit C. DECISION: The Hearing Examiner hereby approves Petition Number DR-PL20160001107, filed by Ashley Caserta, AICP, of RWA, Inc., representing TT of Airport, Inc., for a site plan with deviations for redevelopment on the property described in Exhibit "A", as follows: 1. A deviation from LDC Section 4.02.01, to reduce the minimum side yard setback; and 2. A deviation from LDC Section 4.05.04, to reduce the minimum number of required parking spaces; and [16-CPS-01558/1298392/1]39 Page 1 of 3 3. Four deviations from LDC Section 4.06.02, to reduce the minimum required landscape buffer width and allow encroachments into required landscape buffers; and 4. A deviation from LDC Section 4.06.03, to allow interior planting areas within vehicular use areas to overlap the perimeter buffer; and 5. A deviation from LDC Section 4.06.05, to reduce the minimum required foundation planting area width; and 6. A deviation from LDC Section 5.05.08, to reduce the minimum required setback between the front entry and a drive or a parking area. These deviations are further described in the Schedule of Deviations attached as Exhibit "B," and are subject to the condition(s) set forth below. This decision does not constitute approval of the site plan. ATTACHMENTS: Exhibit A—legal description Exhibit B— Schedule of Deviations Exhibit C— Summary of Project Wide Improvements LEGAL DESCRIPTION: See Exhibit A. CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. This decision does not include the staff recommendation for a modification to a parking island previously existing and referenced in Staff Analysis under Deviation#7. DISCLAIMER: Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. [16-CPS-01558/1298392/1]39 Page 2 of 3 RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. i � f Date Mark Strain, Hearing Examiner Apprt ed as to fa and legality: Scott A. one Assistant County Attorney [16-CPS-01558/1298392/1]39 Page 3 of 3 Exhibit "A" Legal Description PROPERTY IDENTIFICATION NUMBER: PARCEL 1: 00270920004 PROPERTY IDENTIFICATION NUMBER: PARCEL 2: 00280640002 Parcel 1: From the Southwest cof=Sc` o ePtion 36, Township 49 South, Range 25 East run North 00°36'22" East 2,313.32 feet; thence North 89° 20' 30" East 50.01 feet to the Point of Beginning of the lands herein described; thence North 89° 20' 30" East 277.77 feet; South 00° 31 ' 07" West 188.42 feet: South 89° 19' 59" West 278.01 feet; North 00°36'22" East 188.45 feet to the Point of Beginning; and Parcel 2: From the Southwest corner of Section 36, Township 49 South, Range 25 East, run North 00° 36' 22" East 2012.86 feet along the West line of said Section 36; thence North 89° 19' 59" East 50.01 feet to the Point of Beginning of the lands herein described; thence North 00° 36' 22" East 112.0 feet; North 89° 19' 59" East 278.01 feet; South 00° 31' 07" West 112.0 feet; South 89° 19' 59" West 278.19 feet to the Point of Beginning. Parcel ID Number 00271080008 The South 1)2 of the East the Northwest 1/ f th No st 1J4 of the Southwest 1/4 of Section 36, Township 49 Sou , • :nge 25 East, Coils , °u it ki da. LESS and EXCEPT the East 132,7 Qthereof; / ,<VC AND LESS and EXCEPT therefrom th .Yeti► .g rtes ttteti tircel, to wit: COMMENCING at the West 1/4 corner of said Section 36, Township 49 South, Range 25 East, Collier County, Florida; thence run along the East and West 1/4 line of said Section 36, North 89° 21' 02" East, a distance of 327.33 feet; thence South 00° 31' 07" West, a distance of 330.42 feet, to the POINT OF BEGINNING; thence North 89° 20' 30" East, a distance of 195.84 feet; thence South 00° 25' 53" West, a distance of 330.38 feet; thence South 89° 19' 59" West, a distance of 20.00 feet; thence North 00° 25' 53" East, a distance of 180.39 feet; thence South 89° 20' 30" West, a distance of 176.07 feet; thence North 00° 31' 07" East, a distance of 150.00 feet to the POINT OF BEGINNING; being part of the East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of said Section 36, Township 49 South, Range 25 East, Collier County, Florida. AND LESS and EXCEPT therefrom the South 30.00 feet thereof, as described in that certain Warranty Deed to Collier County recorded in Official Records Book 1596, Page 770, of the Public Records of Collier County, Florida. The foregoing described property being subject to: (I) a utilities easement over the Westerly 10.00 feet thereof, and (II) an easement 10.00 feet in width lying Southerly of and abutting for the full length of the above mentioned course, South 89° 20' 30" West, a distance of 176.07 feet. i _ __ _ AIRPORT PULWNG RD N _ F a 1 W Li O `� ..1 © 7 4i A- p 4R L g I O /-_ ,,��IRR\C` \` \ . .S ._._. a: 1 1I i r • ��DI'PLA i Iii ' m m N 8 _ � — - - L 4.. >1 � '7zm � ,�� I - 2y2 a ." t t ..'�� : m z m 4— Illir' 1 D p TO N , C • >> I Z A OD I . S., o D v 1 , , ' g1 -- - 0.' p n ti X Or ,,,,i"Z I p 04 _ 1 I -p1 P l lj .Is•LAil, I A,.Wrl x g DI'P Y P ' r ,,,..49.1.. ` � r F EIMN t,,,,[....t,,,,[.... 11 ta cif 1 til ism en l`" 0 ( [� ,, 11 1 ( li I '\ � 1111 € 8 ° ( NI - ' > ; a I\I 13 p F:, p$ r I 51 1 DO u MO� � gm - - !z i g ; $ iF f i§ -i it ! I mwrirmour £ g 9 '� A co 11 a ro am p R•° € °""' TT OF AIRPORT,INC. ii JAL e"$d¢ I a a x6' ^° NAPLES ACURA ENGINaEERI a $ F: `"" SITE PLAN WITH DEVIATIONS •.^j• •�:"� N ,,,<. as __ Exhibit "B" - Page 1 of 2 ErAD Mmmv my D700 + Wv m00 -100 < r ,-pv W70v (n m > mm rn00m Drn rmm . 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This is provided as mitigation for a reduction in internal planting area. Within those buffers, 100%of the area will be planted with trees and shrubs, reducing water use and enhancing aesthetics. o Proposed buffers will provide an additional 400 shrubs above and beyond standard buffer requirements. o 1,212 SF of decorative pavers o Foundation planting requirement is exceeded by 2,143 sf o Vine covered trellis provided o Conforming and non-conforming foundations planting provided exceed current code area requirements by 2,143 sf. o Conforming and non-conforming VUA landscaping areas provided exceed current code requirements by 2,655 sf. 20A Friday,October 7,2016 Naples Daily News NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, October 27th, 2016, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: PETITION DR-PL20160001107 - PETITIONER, TT OF NAPLES, INC. REQUESTS APPROVAL OF A SITE PLAN WITH DEVIATIONS PURSUANT TO LDC SECTION 10.02.03.F AND SEEKS DEVIATIONS FROM LDC SECTION 4.02.01,TO REDUCE THE MINIMUM SIDE YARD SETBACK, FROM LDC SECTION 4.05.04, TO REDUCE THE MINIMUM NUMBER OF REQUIRED PARKING SPACES,FROM LDC SECTION 4.06.02, TO REDUCE THE MINIMUM REQUIRED LANDSCAPE BUFFER WIDTH AND ALLOW ENCROACHMENTS INTO REQUIRED LANDSCAPE BUFFERS, FROM LDC SECTION 4.06.03, TO ALLOW INTERIOR PLANTING AREAS WITHIN VEHICULAR USE AREAS TO OVERLAP THE PERIMETER BUFFER, FROM LDC SECTION 4.06.05,TO REDUCE THE MINIMUM REQUIRED FOUNDATION PLANTING AREA WIDTH,AND FROM LDC SECTION 5.05.08,TO REDUCE THE MINIMUM REQUIRED SETBACK BETWEEN THE FRONT ENTRY AND A DRIVE OR A PARKING AREA, FOR A PROPOSED ACURA DEALERSHIP PROJECT. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF EXCHANGE AVENUE,JUST EAST OF AIRPORT-PULLING ROAD,IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, CONSISTING OF 2.48±ACRES. Golden Gate PKWY PROJECT 2 LOCATION c O Q N Radio RD 0 a w+ r All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252- 8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida October 7,2016 No. 1296644 YL-1296644 AGENDA ITEM 4-A Coger County STAFF REPORT COLLIER COUNTY HEARING EXAMINER FROM: ZONING SERVICES SECTION, GROWTH MANAGEMENT DEPARTMENT HEARING DATE: OCTOBER 27, 2016 SUBJECT: NAPLES ACURA, SITE PLAN WITH DEVIATIONS, DR-PL20160001107 PROPERTY OWNER: Applicant: Agent: TT of Airport Inc. Ashley Caserta& Patrick Vanasse 505 S. Flagler Drive, Suite 700 RWA, Inc. West Palm Beach, FL 33401 6610 Willow Park Dr., Suite 200 Naples, FL 33901 REQUESTED ACTION: Petitioner, TT of Naples, Inc. requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks deviations from LDC Section 4.02.01, to reduce the minimum side yard setback, from LDC Section 4.05.04, to reduce the minimum number of required parking spaces, from LDC Section 4.06.02, to reduce the minimum required landscape buffer width and allow encroachments into required landscape buffers, from LDC Section 4.06.03, to allow interior planting areas within vehicular use areas to overlap the perimeter buffer, from LDC Section 4.06.05, to reduce the minimum required foundation planting area width, and from LDC Section 5.05.08, to reduce the minimum required setback between the front entry and a drive or a parking area, for a proposed Acura dealership project. GEOGRAPHIC LOCATION: The subject property is located on the north side of Exchange Avenue, just east of Airport- Pulling Road, in Section 36, Township 49 South, Range 25 East, Collier County, consisting of 2.48± acres. (See location map page 2). Acura of Naples- DR-PL20160001107 Page 1 of 14 HEX Hearing October 27, 2016 I I m 1 g; - ' il . -1— ti? — -: ; , - .... -,....:,=., ,...,=,,,, E I - i: • ^"."-^"."...- 03 - , ;; A 0....* 2 :'.. i. . C i . N - — — z _ ..., , 0 Ili 1.• P' ; N• 011 0 3 7 :',I li CL) . 0 MI ..i.j CL CD E = z c LIVINGSTON RD .4= 7-1 CD - 0 0.. ca CO E 2 1 c N 0. DNITIlla.1.)10d1IIV S cm ONIlinci acpcialv 0 CO I u 0 Ili ; et 0 a. j A... o T. Acura of Naples- DR-PL20160001107 Page 2 of 14 HEX Hearing October 27, 2016 tom-. „ r f r �} i 11311 r 1 ' * , t W 1 - :1. I. eke . - 1 , �. - r ec Subj t Property '..' 'F.pati:;:•:'77t7-.1.-V: , ; `..; ..1.,, 1 amazes , _.„., vt...;.,....:,-,,,1„:„ s.,... , ,_ ...,47,i.,...„,..,. , .....1 i ,......._. 1 t ai 1 11x ,, _ .. 14;,.,imin.7. f £ _.....,„,,,_s„...„ , , ., . . ...... , ,, ,, „,,,,.. ,„,..„. , 7:i ' ,, i' 1 x' '' 4,1 ;-- - '',.,L, : ' : :III: . , t 1 ,, , . ... : ,,,,,,,,.. eartos ,.:,-, I . 1_R _i!I 77" { vY� � e „ - - - y1 a Sian s Aerial Photo(not to scale) SURROUNDING LAND USE & ZONING: SUBJECT PARCELS: Existing Naples Acura with a zoning designation of C-5 (Heavy Commercial District). SURROUNDING: North: Commercial Strip Center and Storage Facility and with a zoning designation of C-5. East: Storage Facility with a zoning designation of C-5. South: Exchange Avenue, Storage Facility with a zoning designation of C-5 West: Airport-Pulling Road, Naples Airport. Acura of Naples-DR-PL20160001107 Page 3 of 14 HEX Hearing October 27, 2016 APPLICANT'S JUSTIFICATION FOR REQUESTED DEVIATION: The petitioner is seeking nine (9) deviations from the requirements of the Land Development Code (LDC). The deviations are listed below with staff analysis and recommendations. Deviation #1: Seeks relief from LDC 4.06.02.0 regarding buffer requirements. "Table of Buffer Yards,"which requires a 10-foot landscape buffer where commercial abuts commercial, to allow the existing 5-foot buffer on the north side of the building. Justification #1: Ord. No. 82-2, Section 8.30.E.2.a, the applicable zoning code, at time of development, required "a strip of land at least five feet in width....shall be landscaped to include an average of one tree for each fifty feet." "In addition to the required trees, such planting area shall be landscaped with grass..." The current code requires a 10-foot Type A buffer, which includes trees, spaced 30 feet apart. In lieu of the 10-foot buffer, a 5-foot buffer with trees spaced 30 feet apart will be provided. Additionally, a row of shrubs will be provided within the existing five foot buffer area to create and enhanced buffer. Buffers including code required trees every 30 feet, with the addition of a hedge, are proposed along the north and east property lines. Additionally, current requirements for tree plantings are proposed along all property lines, with enhanced buffering along the north and east sides by adding shrubs. Additionally, the north buffer is deemed to be deficient in area by 315 square feet, where the new building additions are proposed. As detailed in the table below, there are four areas of encroachment into required landscape buffers. The areas total 530 square feet of encroachment. Buffer Encroachment Mitigation Table Building additions - north 10-foot buffer 315 S.F. Bicycle rack and pad - west 15-foot buffer 80 S.F. Display area—west 15-foot buffer 74 S.F. Display area—south 10-foot buffer 61 S.F. TOTAL MITIGATION AREA REQUIRED 530 S.F. TOTAL MITIGATION AREA PROVIDED 532 S.F. A 532 square foot landscape buffer mitigation area is proposed in the north east corner of`Parcel 3' as shown on the Site Plan with Deviations exhibit and as summarized in the table above. The area exceeds the 530 square foot deficiency from the four combined perimeter buffers. Additionally, `Parcel 3' is being added to the proposed site and was previously paved without impervious areas or buffering. Staff Analysis and Recommendation: The request is due to existing conditions resulting from revisions to LDC requirements occurring after the development was originally constructed. The Acura of Naples-DR-PL20160001107 Page 4 of 14 HEX Hearing October 27, 2016 applicant intends to meet current standards for landscaping by adding additional plant material and providing a pervious landscaped area within the parking area. Staff can support this requested deviation. Deviation #2: Seeks relief from LDC 4.06.02.0 regarding Buffer Requirements, "Table of Buffer Yards" which requires that the remaining area of the required Type D buffer must contain existing vegetation, grass, ground cover or other landscape treatments,to a allow the 80square foot,buffer encroachment from the bicycle rack within the west buffer. Staff Analysis and Recommendation: Staff can support this deviation based on the overall improvement to the site. The applicant indents to add additional pervious landscape area within the parking lot. Deviation #3: Seeks relief from LDC 4.06.02.0 which does not permit sidewalks and other pervious areas to occupy any part of the required landscape buffer, to allow the 3.4-foot / 74 square foot encroachment into the buffer along Airport Road. Justification #3: West buffer display area encroachment. The existing vehicle display area near the south west corner of the property encroaches into the required 15-foot buffer along Airport Road by 3.4 feet for a total of 74 square feet. The encroachment was permitted and constructed in accordance with SDP-2006-AR-9205. Mitigation in the form of additional pervious/landscape area is provided at the north east corner of parcel 3 as shown in the attached Site Plan with Deviations Exhibit on page 10. Staff Analysis and Recommendation: Staff reviewed SDP-2006-AR-9205 that was approved by County staff (Page 6). Staff believes that the encroachment was approved in error. The landscape plan did not clearly show the encroachment into the buffer areas. However, Staff can support this deviation based on the overall improvement to the site. The applicant indents to add additional pervious landscaped area within the parking lot. Deviation #4: Seeks relief from LDC 4.06.02.which does not permit sidewalks and other impervious area to occupy any part of the required landscape buffer, to allow the existing display area encroachment of 2.85 feet/61 square foot into the buffer along Exchange Avenue. Justification #4: South buffer display area encroachment. The existing vehicle display area near the south west corner of the property encroaches into the required 10-foot buffer along Exchange Avenue. The encroachment was permitted and constructed in accordance with SDP-2006-AR- 9205. Mitigation in the form of additional pervious/landscape area is provided at the north east corner of parcel 3 as shown in the attached Site Plan with Deviations exhibit. Staff Analysis and Recommendation: Staff reviewed SDP-2006-AR-9205 that was approved by County staff (Page 6). Staff believes that the encroachment was approved in error. The landscape plan did not clearly show the encroachment into the buffer areas. However, staff can support this deviation based on the overall improvement to the site. The applicant indents to add additional pervious landscape area within the parking lot. Acura of Naples-DR-PL20160001107 Page 5 of 14 HEX Hearing October 27, 2016 11"1C � 611111 ..C.e.. Ioc .... I -uq N 04001 401•10 A...le, MINIM PM*\OwNen © OVER t._...t -LA d_' �,...,' i 'w nallIEZiall It alleel/a. Ca 11:311111fq.'A'MM.1 Tr..per Y © © © 30'Uwe,UfNe 1 Pill :1 t milli 4 :„?. (el , 1 m 0 iiiii, H iii, , Display Area •1le111101 0 WI 111 l •tip • 9 E.-.Egli. FlJ j � -arrc _ Jfr4 _11 �p _�_o•o, 4.— ''.• I lit I i Al I A';A r. Iril 4 A 0 ,_ ° Iig, IM Ilk : °IE6" a� p>o� ae�o �°S'�aaoaoe°aouoao,oa00000anua ccoo111 \ a � , . '° 'anc+as � go'Y=i � t —uYa�. _ '' 0000.00r . at .f ivI � : -� — � me'a ' D At One of lnN•Ymq.q.r/WN been M 110180 NN Nab MM.O.Nt.N MM..Yiw.n• NW.Yn..Ne.MMM Yr.I/ee teuMr.Neu..YWOM YMe5 h►01.1tl.e 12.11.from SA 10001.f MOW .y ni Y rn.reteWelM 4Yw MOeoMMo wee eee.rerrl lYnMrA can M a.b I•010 MOS UMW re*,We D SWOP., um....a mufti.4�o.•YY°. WAN.IN II C..rra M MOMrM M. cvr'u AM(r Mu: SDP-2006-AR-9205 SIlk .�._ D 1 � E �' _ffi • Display Area Acura of Naples-DR-PL20160001107 Page 6 of 14 HEX Hearing October 27, 2016 Deviation #5: Seeks relief from LDC, Section 4.02.01.A Table 2.1, "Dimensional Standards for Principal Uses in Base Zoning Districts" which requires a 15-foot side yard setback to allow a minimum side yard setback of+/-5.3 ft. along the northern property line. Justification #5: The existing building setback from the north property line is 5.3 feet. The northern most parcel, which includes the show room and new car delivery expansion areas had a building permit issued in 1988. The applicable code at the time of permitting, Ord. No. 82-2, Section 7.24, indicates a 5-foot required side yard setback for C-5 zoning was the required minimum setback. The expansion area proposed on the site plan is consistent with the existing building setback and will allow for a unified building expansion. Staff Analysis and Recommendation: Staff can support this deviation based on the overall improvement to the site. The applicant is adding onto a building that had met Code at the time of its construction and it seems reasonable that the addition should have the same setback. Deviation #6: Seeks relief from LDC Section 5.05.08.C.12.b.ii, "entryway/customer entrance treatment", which requires a front entry to be set back from a drive or parking area by a minimum distance of 15 feet,to allow a minimum setback of 11 feet. Justification #6: The 15-foot separation is required for public health and safety reasons. Due to Code requirements for parking and the need for this expansion to meet national dealership standards, we need to request a slight reduction to the minimum separation. This will have no impact on public health or safety conditions because the drive aisle has limited use and no through traffic. A reduced separation between the entrance to the building and the drive aisle is requested in order to accommodate the required landscape buffer, parking area, drive aisle and building expansion. The code requires buffers and parking areas are to be code compliant. The building expansion meets company standard for the showroom as proposed on the site plan. As shown on the site plan with deviations exhibit, there is very limited, no-thru traffic along drive aisle adjacent to the entrance to the building. The drive aisle includes a crosswalk for pedestrians and an elevated yellow curb which creates a demarcation between the drive aisle and pedestrian area approaching the building. Additionally, within the provided 11-foot setback, an enhanced entry way with paver bricks and landscaping will be provided in order to mitigate for the reduced area. Staff Analysis and Recommendation: Staff can support this deviation based on the overall improvement to the site. Deviation #7: Seeks relief from LDC Section 4.05.04.G, Table 17 "Parking Space Requirements" which requires 103 parking spaces to allow a reduction in required spaces to 81 spaces. Acura of Naples- DR-PL20160001107 Page 7 of 14 HEX Hearing October 27,2016 Justification #7: As shown on the Site Plan with Deviations Exhibit, the Land Development Code requires 103 parking spaces for the business. 177 parking spaces have been provided; 81 of those spaces are Code required parking, and the remaining 96 spaces are display parking for vehicles for sale. A reduction of 22 spaces is requested for the Code requirement from 103 to 81. On average, there will be approximately 30 employees working at a given time, leaving 51 of the 81 code required parking spaces for customers visiting the dealership for either vehicle maintenance or vehicle shopping. Additionally, there are 18 service bays that will hold 18 vehicles for service, removing them from the parking lot. The applicant is an automotive management company that owns/manages many dealerships. Through their extensive experience, they feel that 51 spaces provided for customers will be sufficient and will not cause a parking issue. While not anticipated, if at any time the business owners feel the need for additional parking over the provided 81 spaces for customers and employees, the applicant can readily allocate display spaces towards customer parking spaces. Staff Analysis and Recommendation: Staff can support this deviation based on the overall improvement to the site and conditionally that the applicant increases the size of the parking island adjacent to the display area. Currently this island does not meet code. Code requires a landscape island the length of the parking stall, eight feet wide, curb to curb. (See Site Plans with Deviations Exhibit -page 10). Deviation#8: Seeks relief from LDC 4.06.05.C, "Table of Building Foundation Planting Requirements" which requires foundation plantings to be located on at least three facades along 30%of each facade and for foundation planting areas to be a minimum of 10 feet in width to allow reduced planting area width requirement along the north and south facade. Justification #8: As shown on the Calculations Exhibit and Site Plan with Deviations Exhibit, the building foundation planting areas along the north and south sides of the building have reduced widths. These reduced widths are needed to allow the proposed building improvements while ensuring safe and functional circulation around on the site. The foundation plantings on the north are met via the existing buffer which is allowed to account for 50% of the requirement. Unfortunately, that existing buffer is 5' in width. The reduced planting width on the south are needed to allow sufficient space for the drive aisle and parking area south of the building. These foundation planting deficiencies have been mitigated via enhance buffer plantings and additional foundation planting along the western and eastern façades. Further the 30% façade coverage requirement on three sides of the building has been exceeded by providing foundation plantings an all four sides. Lastly,the overall minimum foundation planting area requirement is exceeded even though some of the planting areas do not meet strict dimensional standards. As defined on the Statutory Permit Calculation landscape exhibit, conforming building foundation planting areas provided equal 3,804 square feet The conforming building foundation plantings are deficient by 2,035 square feet. Non-conforming (due to width reduction) building foundation planting areas equal 1,299 square feet and mitigation areas for building foundation plantings equal 1,360 square feet for a Acura of Naples-DR-PL20160001107 Page 8 of 14 HEX Hearing October 27,2016 total of 6,463 square feet of conforming and non-conforming area provided. This results in an excess of 624 square feet above the Code requirement. The mitigation planting area is shown on the two exhibits provided with this submittal and consists of an enhanced buffer along the north (west section) property line where ten trees and zero shrubs are required and where we provide ten trees and 93 shrubs. Additionally, other non-conforming building foundation planting areas are proposed on the west and east sides of the building. Staff Analysis and Recommendation: Staff can support this deviation based on the overall improvement to the site. Deviation#9: Seeks relief from LDC 4.06.03 B.1, "Standards for Landscaping in Vehicular Use Areas" which requires that at least 10 percent of the total vehicular use area onsite shall be devoted to internal landscape areas, to allow these internal planting areas to overlap the perimeter buffer in order to meet internal planting requirements. Justification #9: As shownon the Site Plan with Deviations Exhibit and the Statutory Permit Calculations Landscape Exhibit(Backup material), 6,076 square feet of internal use area planting is required, and 4,232 square feet of Code compliant internal use area is provided. A deficiency of 1,844 square feet exists. 4,499 square feet of mitigation is provided within the buffers along the west, south, and east sides. In lieu of the turf that is typically provided within buffers, we are proposing these mitigation areas to be 100%planted with vegetation. With this deviation we will be exceeding the planting requirement by 2,655 square feet. We acknowledge that the planting areas within the buffers are being used for both perimeter buffers and internal use area, however, the planting areas are enhanced by adding 4,499 square feet of planted vegetation and removing turf, in turn reducing the amount of water required and reducing maintenance needs and enhancing the aesthetic appeal along the most visible areas of the project. Staff Analysis and Recommendation: Section 4.06.01 A.1.g. of the LDC, states the intent of the landscape code among other things is to: "Reduce heat gain in or on buildings or paved areas through the filtering capacity of trees and vegetation. " Staff can support this deviation based on the overall improvement to the site; however staff must note that overlapping landscape requirements undermines the intent of the LDC by limiting pervious areas required internal to the parking areas. As shown on page 10 in yellow, areas can be provided minimizing the impacts of heat gain, bringing the parking lot closer to Code compliance. Just adding additional plant material to already required vegetative buffers, while in some cases may increase aesthetics, does not fulfill the intent of the LDC in other capacities. Acura of Naples-DR-PL20160001107 Page 9 of 14 HEX Hearing October 27,2016 li n_--0.: { o tfs ; Possible VUA ,.._sk e? '+ i it; I r • landscape area ii : i, ;i t i i ' 7 'a f�'.�J(ti✓W • O < 7 • 1 . .., ., I -nags- - - - ,It um I CC\\k � 111511 ti • _� kr a iNNIIID NFL; �i 111t.. A 9� -- ` aim / ___ 4. , if , 1 , :, . rror....M.1....•00.1, . i IN O ' h I . '. 1 11 0 v b = �.In ; ---1---, a! ., il(../ ` P.?( a 1. my N: 1 a, ` , \•'11 '. ilill II ii. Cle Possible VUA �� O — landscape areas ) w Parking island �•.: r g .1: does not meet code im •-::. 9 i ik' ( , // . / ,1 / , // / Nr dd • rn.rirtvtant ren Site Plan with Deviations Exhibit Acura of Naples- DR-PL20160001107 Page 10 of 14 HEX Hearing October 27, 2016 ANALYSIS: Staff has reviewed the requested against the established criteria for Site Plans with Deviations under LDC Section 10.02.O3.F.7, and provide the below analysis. a. Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. Staff has described the existing land use pattern in the "surrounding Land Use and Zoning" portion of this report. The proposed deviations will not change the permitted land uses and densities within the development. b. The proposed development is consistent with the Growth Management Plan. Staff is of the opinion that the project as proposed will remain consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP because uses are not changing with this amendment. c. The development shall have a beneficial effect both upon the area in which it is proposed to be established and upon the unincorporated area as a whole. The proposed deviations will not change the permitted land uses and densities within the development. It is staff opinion that the proposed development, while not fully meeting current LDC requirements, does propose building, site, and landscape improvements that exceed the requirements upon which the site was originally developed. Staff is of the opinion that the proposed improvements will have beneficial effect for the surrounding neighborhood and unincorporated Collier County for this currently developed property. d. The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose The proposed deviations will not change the current land area within the development and are adequate to serve the intended purpose. e. Streets,utilities, drainage facilities, recreation areas,sizes and yards, architectural features,vehicular parking and loading facilities, sight distances, landscaping and buffers shall be appropriate for the particular use involved. Staff is of the opinion that all these deviations including any conditions meet the purpose and intent of the LDC regulations as noted above for the proposed redevelopment. The additional architectural, site, and landscape improvements proposed are appropriate and will be of benefit to the community. Acura of Naples-DR-PL20160001107 Page 11 of 14 HEX Hearing October 27,2016 f. Visual character of the project shall be equal or better in quality than that required by the development standards for the zoning district. The visual character of the project shall be better in quality than the existing project before redevelopment and after it was first permitted. Staff has reviewed the information provided by the applicant and is of the opinion that the project will have a better visual character than the existing development represented currently. Staff must note that the deviation for allowing required Vehicle Use Areas planting to overlap the required buffers eliminated canopy, increasing heat gain in paved areas. g. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. At time of the Site Development Plan Amendment and Building Permit processing the proposed development improvements are subject to reliable and continuing maintenance requirements as well as standard confirmation and authorization of common ownership(s). h. Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. Staff finds that the deviations are clearly delineated and are the minimum required to achieve the goals of the project. i. The petitioner has provided enhancements to the development. The applicant is proposing to provide alternative architectural and landscape enhancements that support the approval of these deviations. j. Approval of the deviation(s)will not have an adverse effect on adjacent properties. Staff has described the existing land use pattern in the "surrounding Land Use and Zoning" portion of this report. Further, based on the information provided in the application the proposed deviations, with applicable conditions, should not adversely affect adjacent properties. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed the staff report for this petition on October 3, 2016. Acura of Naples-DR-PL20160001107 Page 12 of 14 HEX Hearing October 27, 2016 STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve the following deviations of Naples Acura, Inc., Site Plan with Deviations, DR-PL201600001107, Petition, with the following conditions: 1. As a condition of the approval of Deviation #7, the parking island adjacent to the display area noted on Page 10 of this Staff Report shall meet the minimum required parking island, and shall measure inside the curb not less than eight feet in width and extend the entire length of the single row of parking spaces bordered by the island as stated in LDC Section 4.06.03 B.3. Attachments: A. Deviations with Map Exhibit B. Application - Backup Material Acura of Naples-DR-Pt20160001107 Page 13 of 14 HEX Hearing October 27,2016 PREPARED BY: , ) ( ,) f , . 7/ /(":1) k 4") DANIEL JAMES SMITH, AICP, PRINCIPAL PLANNER DATE ZONING SERVICES SECTION REVIEWED BY: 0--------- 7 .___ _(±___ir) 3 () RAY B. Ill Off" , MANAGER DA ZONI ERVICES SECTION 1v -S- /6 MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION Acura of Naples-DR-PL20160001107 Page 14 of 14 HEX Hearing October 27, 2016 Naples Acura Site Plan with Deviations List of Requested Deviations and Justifications General narrative: The Naples Acura SDPA and Site Plan with Deviations propose aesthetic and functional improvements to an aging site.As part of the SDPA, 'parcel 3'to the east is being added to Acura dealership.The existing conditions on the added parcel include an older metal building, parking lot, non-conforming buffering and a shortage of open/pervious space.Through the proposed deviations, we provide a better, more attractive overall site with improvements in aesthetics, improved functionality, reduced watering and maintenance, and significant improvements in plant diversity. While all planting area requirements do not strictly meet the letter of the law,the overall quality and quantity of plantings provided exceed code requirements making a better project. For example,the following enhancements to the overall general requirements are proposed: o Buffer tree requirement is exceeded by 7 trees, providing enhanced buffering and shading to adjacent areas; o The 75%native tree requirement is exceed by 21%; resulting in 96%of the proposed trees being native; o 50%of shrubs are required to be native -we are exceeding that by 24% by providing 74% native shrubs; o 5 species of trees are required while 12 species are proposed, providing greater horticultural diversity; o Maximum of 30%palms are allowed—we limit our palms to only 16%, in order to provide increased shading; o Nearly 4,500 S.F. of turf is being removed from the perimeter buffers and planted with shrub. This is provided as mitigation for a reduction in internal planting area. Within those buffers, 100%of the area will be planted with trees and shrubs, reducing water use and enhancing aesthetics. o Proposed buffers will provide an additional 400 shrubs above and beyond standard buffer requirements. The enhancements listed above, along with the deviations and mitigation areas described below, reduce water use, enhance aesthetics and shading, provide additional plantings and create a diverse landscape plan while accommodating the reasonable and beneficial redevelopment of this property. Deviation#1 seeks relief from LDC 4.06.02.0 regarding Buffer Requirements,"Table of Buffer Yards" which requires a 10-foot landscape buffer where commercial abuts commercial, to allow the existing 5-foot buffer on the north side of the building. RWA File 150063.00.00 PL20160001107 Naples Acura Site Plan with Deviations 9/23/2016 ATTACHMENT A Justification#1: North buffer building area encroachment.The north buffer is a "legal" non-conforming encroachment. Ord. No. 82-2, Section 8.30.E.2.a,the applicable zoning code at time of development, required "a strip of land at least five feet in width....shall be landscaped to include an average of one tree for each fifty feet." "In addition to the required trees,such planting area shall be landscaped with grass...". The current code requires a 10-foot Type A buffer which includes trees spaced 30 feet apart. In lieu of the 10-foot buffer, a 5-foot buffer with trees spaced 30 feet apart will be provided.Additionally, a row of shrubs will be provided within the existing five foot buffer area to create and enhanced buffer. Buffers including code required trees every 30 feet, with the addition of a hedge, are proposed along the north and east property lines. Additionally, current requirements for tree plantings are proposed along all property lines, with enhanced buffering along the north and east sides by adding hedges/shrubs. Additional,the north buffer is deemed to be deficient in area by 315 square feet,where the new building additions are proposed. As detailed in the table below,there are four areas of encroachment into required landscape buffers. The areas total 530 square feet of encroachment. Buffer Encroachment Mitigation Table Building additions- north 10-foot buffer 315 S.F. Bicycle rack and pad-west 15-foot buffer 80 S.F. Display area—west 15-foot buffer 74 S.F. Display area—south 10-foot buffer 61 S.F. TOTAL MITIGATION AREA REQUIRED 530 S.F. TOTAL MITIGATION AREA PROVIDED 532 S.F. A 532 square foot landscape buffer mitigation area is proposed in the north east corner of'parcel 3' as shown on the Site Plan with Deviations exhibit and as summarized in the table above.The area exceeds the 530 square foot deficiency from the four combined perimeter buffers. Additionally, 'parcel 3' is being added to the proposed site was previously paved without impervious areas or buffering. Deviation#2 seeks relief from LDC 4.06.02 C, "Types of Buffers,"which requires that the remaining area of the required Type D buffer must contain only existing native vegetation,grass,ground cover or other landscape treatment,to allow the 80 square foot, buffer encroachment from the bicycle rack within the west buffer. Justification#2:West buffer bicycle rack encroachment:The bicycle rack is a requirement for commercial buildings and is a benefit to the community. The project is a redevelopment site and with the proposed expansion, there is limited space on the site.The proposed bicycle rack and pad are located in an ideal location that is adjacent to the sidewalk along Airport Road and near the sidewalk leading to the main entrance to the building.The pad encroaches into the west buffer 80 square feet, as RWA File 150063.00.00 PL20160001107 Naples Acura Site Plan with Deviations 9/23/2016 shown in the table above.The 80 square feet has been included in the overall square footage for buffer mitigation and is shown on the Site Plan with Deviations Exhibit. Deviation#3 seeks relief from LDC 4.06.02 D,which does not permit sidewalks and other impervious areas to occupy any part of a required landscape buffer,to allow the 3.4-foot/74 square foot encroachment into the buffer along Airport Road. West buffer display area encroachment:The existing vehicle display area near the south west corner of the property encroaches into the required 15-foot buffer along Airport Road by 3.4 feet for a total of 74 square feet.The encroachment was permitted and constructed in accordance with SDP-2006-AR-9205. Mitigation in the form of additional pervious/landscape area is provided at the north east corner of parcel 3 as shown in the attached Site Plan with Deviations exhibit. Deviation#4 seeks relief from LDC 4.06.02 D,which does not permit sidewalks and other impervious areas to occupy any part of a required landscape buffer,to allow the existing display area encroachment of 2.85 feet/61 square foot into the buffer along Exchange Avenue. South buffer display area encroachment:The existing vehicle display area near the south west corner of the property encroaches into the required 10-foot buffer along Exchange Avenue.The encroachment was permitted and constructed in accordance with SDP-2006-AR-9205. Mitigation in the form of additional pervious/landscape area is provided at the north east corner of parcel 3 as shown in the attached Site Plan with Deviations exhibit. Deviation#5 seeks relief from LDC,Section 4.02.01.A Table 2.1, "Dimensional Standards for Principal Uses in Base Zoning Districts"which requires a 15-foot side yard setback to allow a minimum side yard setback of+/-5.3 ft. along the northern property line. The existing building setback from the north property line is 5.3 feet.The northern most parcel which includes the showroom and new car delivery expansion areas had a building permit issued in 1988. Based on the 1982 zoning map pasted below, provided by County staff,the parcel was zoned C-S at the time. RWA File 150063.00.00 PL20160001107 Naples Acura Site Plan with Deviations 9/23/2016 • .a� • i s The applicable code at the time of permitting, Ord. No. 82-2, Section 7.24 indicates a 5-foot required side yard setback for C-5 zoning.The expansion area proposed on the site plan is consistent with the existing building setback and will allow for a unified building expansion. Deviation#6 seeks relief from LDC Section 5.05.08.C.12.b.ii, "entryway/customer entrance treatment",which requires a front entry to be set back from a drive or parking area by a minimum distance of 15 feet,to allow a minimum set back of 11 feet. The 15-foot separation is required for public health and safety reasons. Due to code requirements for parking and the need for this expansion to meet national dealership standards,we need to request a slight reduction to the minimum separation.This will have no impact on public health/safety conditions because the drive aisle has limited use and n.o through traffic. A reduced separation between the entrance to the building and the drive aisle is requested in order to accommodate the required landscape buffer, parking area, drive aisle and building expansion.The code required buffer and parking area are code compliant.The building expansion meets company standard for the showroom as proposed on the site plan. As shown on the site plan with deviations exhibit,there is very limited, no-thru traffic along drive aisle adjacent to the entrance to the building.The drive aisle includes a crosswalk for pedestrians and an elevated yellow curb which creates a demarcation between the drive aisle and pedestrian area approaching the building. Additionally,within the provided 11-foot setback, an enhanced entry way with paver bricks and landscaping will be provided in order to mitigate for the reduced area. RWA File 150063.00.00 PL20160001107 Naples Acura Site Plan with Deviations 9/23/2016 Deviation#7 seeks relief from LDC Section 4.05.04.G,Table 17 "Parking Space Requirements"which requires 103 parking spaces to allow a reduction in required spaces to 81 spaces. As shown on the Site Plan with Deviations Exhibit,the Land Development Code requires 103 parking spaces for the business. 177 parking spaces have been provided; 81 of those spaces are code required parking, and the remaining 96 spaces are display parking for vehicles for sale. A reduction of 22 spaces is requested for the code requirement from 103 to 81. On average,there will be approximately 30 employees working at a given time, leaving 51 of the 81 code required parking spaces for customers visiting the dealership for either vehicle maintenance or vehicle shopping.Additionally,there are 18 service bays that will hold 18 vehicles for service, removing them from the parking lot.The applicant is an automotive management company that owns/manages many dealerships.Through their extensive experience,they feel that 51 spaces provided for customers will be sufficient and will not cause a parking issue. While not anticipated, if at any time the business owners feel the need for additional parking over the provided 81 spaces for customers and employees, the applicant can readily allocate display spaces towards customer parking spaces. Deviation#8 seeks relief from LDC 4.06.05.C,"Building Foundation Planting Requirements"which requires foundation plantings to be located on at least three facades and along 30%of each facade and for foundation planting areas to be a minimum of 10 feet in width to allow reduced planting area width requirement along the north and south facade. As shown on the Calculations Exhibit and Site Plan with Deviations Exhibit,the building foundation planting areas along the north and south sides of the building have reduced widths.These reduced widths are needed to allow the proposed building improvements while ensuring safe and functional circulation around on the site. The foundation plantings on the north are met via the existing buffer which is allowed to account for 50% of the requirement. Unfortunately that existing buffer is 5' in width.The reduced planting width on the south are needed to allow sufficient space for the drive aisle and parking area south of the building. These foundation planting deficiencies have been mitigated via enhance buffer plantings and additional foundation planting along the western and eastern façades. Further the 30%façade coverage requirement on three sides of the building has been exceeded by providing foundation plantings an all four sides. Lastly,the overall minimum foundation planting area requirement is exceeded even though some of the planting areas do not meet strict dimensional standards. As defined on the Statutory Permit Calculation landscape exhibit, conforming building foundation planting areas provided equal 3,804 S.F.The conforming building foundation plantings are deficient by 2,035 square feet. Non-conforming (due to width reduction) building foundation planting areas equal 1,299 S.F. and mitigation areas for building foundation plantings equal 1,360 S.F. for a total of 6,463 S.F. of conforming and non-conforming area provided.This results in an excess of 624 S.F. above the code requirement. The mitigation planting area is shown on the two exhibits provided with this submittal and consists of an enhanced buffer along the north (west section) property line where ten trees and zero shrubs are required and where we provide ten trees and 93 shrubs.Additionally, other non-conforming building foundation planting areas are proposed on west and east sides of the building. RWA File 150063.00.00 P120160001107 Naples Acura Site Plan with Deviations 9/23/2016 Deviation#9 Seeks relief from LDC 4.06.03 B.1, "Standards for landscaping in Vehicular Use Areas," which requires that at least ten percent of the amount of vehicular use area onsite shall be devoted to interior landscaping areas,to allow these internal planting areas to overlap the perimeter buffer in order to meet internal planting requirements. As shown on the Site Plan with Deviations Exhibit and the Statutory Permit Calculations landscape exhibit, 6,076 S.F. of internal use area planting is required, and 4,232 S.F. of code compliant internal use area is provided. A deficiency of 1,844 S.F. exists.4,499 S.F. of mitigation is provided within the buffers along the west, south and east sides. In lieu of the turf that is typically provided within buffers,we are proposing these mitigation areas to be 100% planted with vegetation. With this deviation we will be exceeding the planting requirement by 2,655 S.F. We acknowledge that the planting areas within the buffers are being used for both perimeter buffers and internal use area, however,the planting areas are enhanced by adding 4,499 S.F. of planted vegetation and removing turf, in turn reducing the amount of water required, reducing maintenance needs and enhancing the aesthetic appeal along the most visible areas of the project. 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"""" NAPLES ACURA ENGINEERING s { 3 no.Cm..01,Yrartob a - MW8 = Al ""` SITE PLAN WITH DEVIATIONS wnml+»+.':m,a9 uk vn.�mwi.osn 1 — Application Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 SITE PLAN WITH DEVIATIONS FOR REDEVELOPMENT LDC Section 10.02.03 F Ch. 6 I of the Administrative Code PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION NAME OF APPLICANT: TT of Airport, Inc. ADDRESS: 505 S. Flagler Drive, Suite 700 CITY West Palm Beach STATE FL zip 33401 TELEPHONE# 561-655-8900 CELL# FAX# E-MAIL ADDRESS: acino@amsinet.com NAME OF AGENT: Ashley Caserta, AICP FIRM: RWA, Inc. ADDRESS: 6610 Willow Park Drive, Suite 200 CITY Naples STATE FL ZIP 34109 TELEPHONE# 239-597-0575 CELL# FAX# 239-597-0578 E-MAIL ADDRESS: acaserta@consult-rwa.com CORRESPONDING SDP, SDPA, SIP INFORMATION This application shall be submitted in conjunction with one of the following: site development plan, site development plan amendment, or site improvement plan. PROJECT NAME/PL# IF KNOWN: Naples Acura / PL20160000237 PLANNER/PROJECT MANAGER, IF KNOWN: Christine Willoughby DATE OF SUBMITTAL OF SDP/SDPA/SIP: 2016-05-02 9/11/2014 Page 1 of 3 Coer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 INFORMATION REGARDING DEVIATION REQUESTS A site plan with deviations for redevelopment provides a means for a redevelopment project to seek dimensional deviations (excluding height), architectural deviations, and deviations from site features, such as but not limited to, landscaping, parking, and buffers, from the standards established in the LDC when the passing of time has rendered certain existing buildings, structures,or site features nonconforming. A site plan with deviations may be requested for the redevelopment of a site which meets the criteria for a site development plan, site development plan amendment or a site improvement plan as established in LDC section 10.02.03. Except for the requested deviations,the site plan shall comply with LDC section 10.02.03. In accordance with LDC section 10.02.03 F, "redevelopment" shall mean the renovation, restoration, or remodeling of a building or structure, or required infrastructure, in whole or in part, where the existing buildings,structures or infrastructure were legally built and installed. DEVIATION REQUESTS The application must address the follow requirements. Please attach the required narratives and explanations. 1. A narrative of the redevelopment project and how it is consistent with the standards for approval, LDC section 10.02.03 F.7. 2. Description of each requested deviation and justification for each request. Requested deviations shall be clearly delineated in the petition. The LDC section for which the deviation seeks relief from shall be identified. 3. Project enhancements to offset or minimize the deviations shall be clearly identified on the site plan and explanation provided. 4. Deviation Request types: Zoning Deviation Requests-Check all that may be impacted by the request. • Dimensional standards(excluding height):Setbacks • Parking 0 Architectural O Landscape/Buffers ❑ Other site features: Engineering Deviation Requests-Check all that may be impacted by the request. ❑ Stormwater U Pathways ❑ Transportation Planning UOther site features: 9/11/2014 Page 2 of 3 E}o E abed bIOZ/ZZ/6 WIVE 13 'saldeN anlaa aogsasaoH gTJON 008Z ialua0 ssaulsn8 :Nllb' uoiTein8a21 pue 8uluueld/uoisiAla luawa8eueiN g2Moag :02 pafIwgns aq iiegs seas pue'siepalew iepwgns paalnbaa Ile 'uol;eoIldde palaidwoD aql siauoissiwwoj if4uno3 Jo p,rnog:o4 aigoAod s'aaya/iv 00•SZ6$ Liaulwex3 8ulaeaH atop apujo aye aoj ead 8ulswanpd 1e8a1 pa1ewl;s3 ❑ 00.000'1$:;uauadolanapaa ao}ueid ai1S SIN3W3HIflb3H 333 •paalnbaa saldop Ieuolalppe so aagwnu wi uoo 02 aa8euew paload eq. peiuoo aseald • •aa8euew paload paleu8lsep AllepIuomaia siepe ew Ile TIwgns Reqs 2uealldde 'sse2s Malnaa Aluno3 Aq sseDoad Malnaa eql so uol4aldwoa aql w • :SS3JO21d 9N2IV3H DIl9fld 31-1.1.UCH S1N31N3HIf1b3H 1VNOIllaaV •Je8euelAi 2aafoad 31-11Aq panleM sselun+ •Tewaos dad uI Allealuoapala paulwgns aq sielaalew ❑ ❑ ❑ Ile saalnbaa aauluaex3 8upeaH aq;so apl110 all :aslnpe aseald* a0 uo sueid pue sluawnaop tie so Adoj oIuomai3 O 0 Z pazueiou pue pauS!s'uol1ezlaogTny so IInepIJ}b' O ❑ dIS/ydaS/daS q;IM pa2�Iwgns fou sI 'saloN uol�e�Ilddy-aad eq}aos Adop ❑ ❑ •sluawnaop ueid ells Ile 8uipnpui +6 'sleualew pa2eposse lie pue uollealldde dIS/vdaS/daS palaldwog ❑ ❑ uol.eDIiddy luauadoianapab 6 aos suoRelnaa g21M ueid Tuawdoianaa aTIS paTaldwog a3211f1b321 ma'am M3IA3H M3IA3H HO3 S1N31A13HIf1b321 ION 30# ISI1ND3HD S1N3W3H1f1b311 1�d11IW8f1S I OObZ-ZSZ (6£6 Tau•no;#aalllo3•MMM WIVE VOIHOl3 'S31dVN NOISIAIGIN3W39VNVW HIMO219 3AI210 3OHS3SHOH HIHON 008Z IN3WN213AO9 AINfIOD H3I11O0 2 — Cover Letter YWk ENGINEERING August 25, 2016 Mr. Dan Smith Principal Planner,Zoning Services Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 Subject: Naples Acura-PL20160001107 Deviations for Redevelopment Application Submittal#2 Dear Mr. Smith: Please accept this letter in response to your insufficiency letter dated June 27,2016 for the above subject project. This letter outlines responses to each comment including stipulations. Please find enclosed the following items in support of the response for the above subject project: 1. Nine(09)copies of this Response Letter; 2. Nine(09) copies of the revised Application; 3. Nine (09)copies of the Deviation Justifications; 4. Nine (09) copies of the Site Plan with Deviations Exhibit in 8 1/2 x 11"; 5. Nine (09) copies of the Site Plan with Deviations Exhibit in 11x17"; 6. Nine (09) copies of the Statutory Permit Calculations Exhibit; and 7. One (1) CD containing electronic version of submittal documents In reply to your review comments,we offer the following responses in bold: Zoning Review—Reviewed By: Daniel Smith Correction 1: Deviations 1 and 2 is asking for a proposed building and parking lot to encroach into a required 10' buffer. Please provide an equivalent or alternative in your justification (e.g. providing x amount of pervious landscape area somewhere else on the site). Response:Please note:Deviations have been renumbered with this submittal. Deviation#5 seeks relief from the 15 foot setback required along the northern property line. Deviation#1 seeks relief from the 10-foot required buffer along a portion of the northern property line. The justification submitted describes the enhanced buffers that include additional plant material over the code minimum, as well as mitigation areas for each of the encroachments that exceed square footage area required by code. Correction 2: Justification for Deviation 3 is weak("meets company standards for showroom"). Can you please elaborate more in your justification? 6610 Willow Park Drive Suite 200 Naples, FL 34109 I (239) 597-0575 I Fax (239) 597-0578 www.consult-rwa.com Response:Additional justification has been added as part of the Deviation Justifications attachment and has been included with this submittal. Please note:the deviation requesting a reduction in the 15- foot separation from drive aisle to entrance is now Deviation#6. Correction 3: Please reduce the plan to 8 34 x 11"with a legible font. Response:Provided. Landscape Review—Reviewed By: Daniel Smith Correction 1: A plan was submitted with the application called "Statutory Permit Calculations". Not sure if this is relevant for the DR process. No legend is provided please explain. Response:The Statutory Permit Calculations landscape exhibit has been revised accordingly and has been resubmitted as part of this packet. Correction Comment 2: The applications asks for a deviation from landscape code for building expansion consistency. However, the applicant wants to reduce the parking lot buffers also, reducing approximately 2,000 sf. Of pervious area. Please justify by providing an equivalency of pervious area somewhere else on the plan (e.g. additional foundation planting or parking island area). The DR process is not a variance from code. Response:The proposed site plan with deviations exhibit and the landscape plan propose enhanced buffers with additional plant material over code minimum requirements.See the attached Statutory Permit Calculations Landscape Exhibit and deviations justifications narrative. The landscape plan was previously submitted on August 16,2016 with SDPA PL20160000237. Correction Comment 3 Please quantify and deviations alternatives for what code requires,to what is proposed. Response:Provided as part of the deviations justifications. Correction Comment 4 The landscape plan submitted does not meet code in other areas (e.g. parking islands). Please submit a minimum code required plan with deviations/alternatives to code. Response:The Landscape plan and site plan with deviations exhibits have been revised accordingly. Page 2 of 4 K:\2015\150063.00.01 Acura Naples,Site Plan with Deviations\003 Site Plan with Deviations Support\lst lnsufficiency\Submittal S3 Working Documents\2016-08-25 Cover Ltr Submittal.docx 5^'4NSf AG Addressing—GIS Review—Reviewed by Annis Moxam Correction Comment 1 On ALTA/NSPS LAND TITLE SURVEY—Property Description—Parcel 1-STR the Section should be 36. On STATUTORY PERMIT CALCULATIONS and LANDSCAPE PLANTING PERMIT PLAN—(Sheets L-2.00& L-1.00) please add street name Airport Pulling Rd. N. and Exchange Ave. Response:The Section was updated on the survey and will was resubmitted with the SDPA application. The survey is not part of the Site Plan with Deviations submittal and was only submitted for reference to the SDPA. Road names have been added to the Statutory Permit Calculations Exhibit and Landscape Planting Permit Plan. County Attorney Review—Reviewed by Daniel Smith Correction Comment 1 Under the"Deviations Request"section of the application,you only checked off"Parking". However, your narrative indicates you are also requesting deviations from dimensional,architectural and landscape/buffer standards. Please revise that section of the application accordingly. Response: The application has been updated and included with this resubmittal. Correction Comment 2 Please provide a detailed response to each of the criteria under LDC Section 10.02.03 F.7. Response:Responses to the standards for approval to LDC Section 10.02.03.F.7 are provided below,in Bold/Italic font. 7. Standards for approval. The petition shall be reviewed for consistency with the following standards: a. Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. Not applicable to this commercial development. The existing/proposed land use is permitted within the zoning district. b. The proposed development is consistent with the Growth Management Plan. The proposed development is consistent with the Growth Management Plan. c. The development shall have a beneficial effect both upon the area in which it is proposed to be established and upon the unincorporated area as a whole. The existing site was permitted in 1988 in compliance with Ordinance No. 82-2. In order to renovate and expand the property, the Site Plan with Deviations application has been submitted. The renovated and expanded site will allow for upgrades to the existing building, enhanced landscaping and a better traffic and vehicular flow throughout the property. d. The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose. The land area of the project and land areas devoted to each function is adequate for a car dealership and is consistent with dealerships throughout the region. e. Streets, utilities, drainage facilities, recreation areas, sizes and yards, architectural features, vehicular parking and loading facilities, sight distances, landscaping and buffers shall be appropriate for the particular use involved. All of the above mentioned site design Page 3 of 4 K:\2015\150063.00.01 Acura Naples,Site Plan with Deviations\003 Site Plan with Deviations Support\1st Insufficiency\Submittal#3 Working Documents\2016-08-25 Cover Ltr Submittal.docx fvGwff vG features listed are included in the proposed site and are appropriate for the automobile dealership use that is existing and proposed. f. Visual character of the project shall be equal or better in quality than that required by the development standards for the zoning district. The visual character of the project shall be better in quality than the existing project before redevelopment and after it was first permitted. The visual quality of the proposed project will be enhanced through enhanced buffers, increased planting areas and the renovated building expansion. g. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. Not applicable. h. Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. Deviations have been clearly outlined and mitigation has been provided as applicable. Otherwise, justification has been provided within the deviations justifications narrative. i. The petitioner has provided enhancements to the development. Enhancements to the project have been provided in the form or architectural upgrades and landscape enhancements. j. Approval of the deviation will not have an adverse effect on adjacent properties. The proposed deviations are internal in nature and will have an adverse impact on any neighboring properties. Correction Comment 3 Please provide a clear and legible 8 1/2"x 11" copy of the proposed Site Plan. Response:Copies of the 8%"x 11"proposed Site Plan has been provided with this submittal. Correction Comment 4 Additional comments to be provided upon receipt of the resubmittal. Response:Acknowledged. We trust the enclosed information is sufficient for your review and approval. We request to be found sufficient and to be scheduled for the next available Collier County Planning Commission hearing. Should you have any questions or require additional information, please contact our office at(239) 597-0575. Sincerely, RWA, Inc. Ashley Caserta,AICP Planning Project Manager cc: Ashley Cino File 150063.00.00 Page 4 of 4 K:\2015\150063.00.01 Acura Naples,Site Plan with Deviations\003 Site Plan with Deviations Support\1st Insufciency\Submittal#3 Working Documents\2016-08-25 Cover Ltr Submittal.docx 3 — Narrative Naples Acura Site Plan with Deviations Narrative and Consistency with LDC,Section 10.02.03 F.7 General narrative: The Naples Acura SDPA and Site Plan with Deviations propose aesthetic and functional improvements to an aging site. As part of the SDPA, 'parcel 3'to the east is being added to Acura dealership.The existing conditions on the added parcel include an older metal building, parking lot, non-conforming buffering and a shortage of open/pervious space.Through the proposed deviations,we provide a better, more attractive overall site with improvements in aesthetics, improved functionality, reduced watering and maintenance, and significant improvements in plant diversity. While all planting area requirements do not strictly meet the letter of the law,the overall quality and quantity of plantings provided exceed code requirements making a better project. For example,the following enhancements to the overall general requirements are proposed: o Buffer tree requirement is exceeded by 7 trees, providing enhanced buffering and shading to adjacent areas; o The 75% native tree requirement is exceed by 21%; resulting in 96%of the proposed trees being native; o 50% of shrubs are required to be native -we are exceeding that by 24% by providing 74% native shrubs; o 5 species of trees are required while 12 species are proposed, providing greater horticultural diversity; o Maximum of 30% palms are allowed—we limit our palms to only 16%, in order to provide increased shading; o Nearly 4,500 S.F. of turf is being removed from the perimeter buffers and planted with shrub. This is provided as mitigation for a reduction in internal planting area. Within those buffers, 100%of the area will be planted with trees and shrubs, reducing water use and enhancing aesthetics. o Proposed buffers will provide an additional 400 shrubs above and beyond standard buffer requirements. The enhancements listed above, along with the deviations and mitigation areas described below, reduce water use, enhance aesthetics and shading, provide additional plantings and create a diverse landscape plan while accommodating the reasonable and beneficial redevelopment of this property. Consistency with LDC,Section 10.02.03 F.7: 7. Standards for approval. The petition shall be reviewed for consistency with the following standards: a. Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. Not applicable to this commercial development. The existing/proposed land use is permitted within the zoning district. b. The proposed development is consistent with the Growth Management Plan.The proposed development is consistent with the Growth Management Plan. c. The development shall have a beneficial effect both upon the area in which it is proposed to be established and upon the unincorporated area as a whole. The existing site was permitted in 1988 in compliance with Ordinance No. 82-2. In order to renovate and expand the property, the Site Plan with Deviations application has been submitted. The renovated and expanded site will allow for upgrades to the existing building, enhanced landscaping and a better traffic and vehicular flow throughout the property. d. The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose. The land area of the project and land areas devoted to each function is adequate for a car dealership and is consistent with dealerships throughout the region. e. Streets,utilities,drainage facilities,recreation areas,sizes and yards,architectural features, vehicular parking and loading facilities, sight distances, landscaping and buffers shall be appropriate for the particular use involved. All of the above mentioned site design features listed are included in the proposed site and are appropriate for the automobile dealership use that is existing and proposed. f. Visual character of the project shall be equal or better in quality than that required by the development standards for the zoning district. The visual character of the project shall be better in quality than the existing project before redevelopment and after it was first permitted. The visual quality of the proposed project will be enhanced through enhanced buffers,increased planting areas and the renovated building expansion. g. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee.Not applicable. h. Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. Deviations have been clearly outlined and mitigation has been provided as applicable. Otherwise,justification has been provided within the deviations justifications narrative. i. The petitioner has provided enhancements to the development. Enhancements to the project have been provided in the form or architectural upgrades and landscape enhancements. j. Approval of the deviation will not have an adverse effect on adjacent properties. The proposed deviations are internal in nature and will have an adverse impact on any neighboring properties. 4 — Deviations & Justifications Naples Acura Site Plan with Deviations List of Requested Deviations and Justifications General narrative: The Naples Acura SDPA and Site Plan with Deviations propose aesthetic and functional improvements to an aging site.As part of the SDPA, `parcel 3'to the east is being added to Acura dealership.The existing conditions on the added parcel include an older metal building, parking lot, non-conforming buffering and a shortage of open/pervious space.Through the proposed deviations,we provide a better, more attractive overall site with improvements in aesthetics, improved functionality, reduced watering and maintenance, and significant improvements in plant diversity.While all planting area requirements do not strictly meet the letter of the law,the overall quality and quantity of plantings provided exceed code requirements making a better project. For example,the following enhancements to the overall general requirements are proposed: o Buffer tree requirement is exceeded by 7 trees, providing enhanced buffering and shading to adjacent areas; o The 75% native tree requirement is exceed by 21%; resulting in 96%of the proposed trees being native; o 50%of shrubs are required to be native -we are exceeding that by 24% by providing 74% native shrubs; o 5 species of trees are required while 12 species are proposed, providing greater horticultural diversity; o Maximum of 30% palms are allowed—we limit our palms to only 16%, in order to provide increased shading; o Nearly 4,500 S.F. of turf is being removed from the perimeter buffers and planted with shrub. This is provided as mitigation for a reduction in internal planting area. Within those buffers, 100%of the area will be planted with trees and shrubs, reducing water use and enhancing aesthetics. o Proposed buffers will provide an additional 400 shrubs above and beyond standard buffer requirements. The enhancements listed above,along with the deviations and mitigation areas described below, reduce water use, enhance aesthetics and shading, provide additional plantings and create a diverse landscape plan while accommodating the reasonable and beneficial redevelopment of this property. Deviation#1 seeks relief from LDC 4.06.02.0 regarding Buffer Requirements,"Table of Buffer Yards" which requires a 10-foot landscape buffer where commercial abuts commercial, to allow the existing 5-foot buffer on the north side of the building. RWA File 150063.00.00 PL20160001107 Naples Acura Site Plan with Deviations 9/23/2016 Justification#1: North buffer building area encroachment.The north buffer is a "legal" non-conforming encroachment. Ord. No. 82-2,Section 8.30.E.2.a,the applicable zoning code at time of development, required "a strip of land at least five feet in width....shall be landscaped to include an average of one tree for each fifty feet." "In addition to the required trees,such planting area shall be landscaped with grass...". The current code requires a 10-foot Type A buffer which includes trees spaced 30 feet apart. In lieu of the 10-foot buffer, a 5-foot buffer with trees spaced 30 feet apart will be provided.Additionally, a row of shrubs will be provided within the existing five foot buffer area to create and enhanced buffer. Buffers including code required trees every 30 feet,with the addition of a hedge,are proposed along the north and east property lines.Additionally, current requirements for tree plantings are proposed along all property lines,with enhanced buffering along the north and east sides by adding hedges/shrubs. Additional,the north buffer is deemed to be deficient in area by 315 square feet,where the new building additions are proposed. As detailed in the table below,there are four areas of encroachment into required landscape buffers. The areas total 530 square feet of encroachment. Buffer Encroachment Mitigation Table Building additions- north 10-foot buffer 315 S.F. Bicycle rack and pad -west 15-foot buffer 80 S.F. Display area—west 15-foot buffer 74 S.F. Display area—south 10-foot buffer 61 S.F. TOTAL MITIGATION AREA REQUIRED 530 S.F. TOTAL MITIGATION AREA PROVIDED 532 S.F. A 532 square foot landscape buffer mitigation area is proposed in the north east corner of'parcel 3'as shown on the Site Plan with Deviations exhibit and as summarized in the table above.The area exceeds the 530 square foot deficiency from the four combined perimeter buffers. Additionally, 'parcel 3' is being added to the proposed site was previously paved without impervious areas or buffering. Deviation#2 seeks relief from LDC 4.06.02 C,"Types of Buffers,"which requires that the remaining area of the required Type D buffer must contain only existing native vegetation,grass,ground cover or other landscape treatment,to allow the 80 square foot, buffer encroachment from the bicycle rack within the west buffer. Justification#2:West buffer bicycle rack encroachment:The bicycle rack is a requirement for commercial buildings and is a benefit to the community.The project is a redevelopment site and with the proposed expansion,there is limited space on the site. The proposed bicycle rack and pad are located in an ideal location that is adjacent to the sidewalk along Airport Road and near the sidewalk leading to the main entrance to the building.The pad encroaches into the west buffer 80 square feet, as RWA File 150063.00.00 PL20160001107 Naples Acura Site Plan with Deviations 9/23/2016 shown in the table above.The 80 square feet has been included in the overall square footage for buffer mitigation and is shown on the Site Plan with Deviations Exhibit. Deviation#3 seeks relief from LDC 4.06.02 D,which does not permit sidewalks and other impervious areas to occupy any part of a required landscape buffer,to allow the 3.4-foot/74 square foot encroachment into the buffer along Airport Road. West buffer display area encroachment:The existing vehicle display area near the south west corner of the property encroaches into the required 15-foot buffer along Airport Road by 3.4 feet for a total of 74 square feet.The encroachment was permitted and constructed in accordance with SDP-2006-AR-9205. Mitigation in the form of additional pervious/landscape area is provided at the north east corner of parcel 3 as shown in the attached Site Plan with Deviations exhibit. Deviation#4 seeks relief from LDC 4.06.02 D,which does not permit sidewalks and other impervious areas to occupy any part of a required landscape buffer,to allow the existing display area encroachment of 2.85 feet/61 square foot into the buffer along Exchange Avenue. South buffer display area encroachment:The existing vehicle display area near the south west corner of the property encroaches into the required 10-foot buffer along Exchange Avenue.The encroachment was permitted and constructed in accordance with SDP-2006-AR-9205. Mitigation in the form of additional pervious/landscape area is provided at the north east corner of parcel 3 as shown in the attached Site Plan with Deviations exhibit. Deviation#5 seeks relief from LDC,Section 4.02.01.A Table 2.1,"Dimensional Standards for Principal Uses in Base Zoning Districts"which requires a 15-foot side yard setback to allow a minimum side yard setback of+1-5.3 ft.along the northern property line. The existing building setback from the north property line is 5.3 feet.The northern most parcel which includes the showroom and new car delivery expansion areas had a building permit issued in 1988. Based on the 1982 zoning map pasted below, provided by County staff,the parcel was zoned C-5 at the time. RWA File 150063.00.00 PL20160001107 Naples Acura Site Plan with Deviations 9/23/2016 t. 3; `I ' .C. j i n att ry, rorielt f t 4 [..._.T The applicable code at the time of permitting, Ord. No. 82-2,Section 7.24 indicates a 5-foot required side yard setback for C-5 zoning.The expansion area proposed on the site plan is consistent with the existing building setback and will allow for a unified building expansion. Deviation#6 seeks relief from LDC Section 5.05.08.C.12.b.ii,"entryway/customer entrance treatment",which requires a front entry to be set back from a drive or parking area by a minimum distance of 15 feet,to allow a minimum set back of 11 feet. The 15-foot separation is required for public health and safety reasons. Due to code requirements for parking and the need for this expansion to meet national dealership standards,we need to request a slight reduction to the minimum separation.This will have no impact on public health/safety conditions because the drive aisle has limited use and no through traffic. A reduced separation between the entrance to the building and the drive aisle is requested in order to accommodate the required landscape buffer, parking area,drive aisle and building expansion.The code required buffer and parking area are code compliant.The building expansion meets company standard for the showroom as proposed on the site plan. As shown on the site plan with deviations exhibit,there is very limited, no-thru traffic along drive aisle adjacent to the entrance to the building.The drive aisle includes a crosswalk for pedestrians and an elevated yellow curb which creates a demarcation between the drive aisle and pedestrian area approaching the building. Additionally,within the provided 11-foot setback,an enhanced entry way with paver bricks and landscaping will be provided in order to mitigate for the reduced area. RWA File 150063.00.00 PL20160001107 Naples Acura Site Plan with Deviations 9/23/2016 Deviation#7 seeks relief from LDC Section 4.05.04.G,Table 17"Parking Space Requirements"which requires 103 parking spaces to allow a reduction in required spaces to 81 spaces. As shown on the Site Plan with Deviations Exhibit,the Land Development Code requires 103 parking spaces for the business. 177 parking spaces have been provided;81 of those spaces are code required parking, and the remaining 96 spaces are display parking for vehicles for sale.A reduction of 22 spaces is requested for the code requirement from 103 to 81. On average,there will be approximately 30 employees working at a given time, leaving 51 of the 81 code required parking spaces for customers visiting the dealership for either vehicle maintenance or vehicle shopping. Additionally,there are 18 service bays that will hold 18 vehicles for service, removing them from the parking lot.The applicant is an automotive management company that owns/manages many dealerships.Through their extensive experience,they feel that 51 spaces provided for customers will be sufficient and will not cause a parking issue. While not anticipated, if at any time the business owners feel the need for additional parking over the provided 81 spaces for customers and employees, the applicant can readily allocate display spaces towards customer parking spaces. Deviation#8 seeks relief from LDC 4.06.05.C,"Building Foundation Planting Requirements"which requires foundation plantings to be located on at least three facades and along 30%of each facade and for foundation planting areas to be a minimum of 10 feet in width to allow reduced planting area width requirement along the north and south facade. As shown on the Calculations Exhibit and Site Plan with Deviations Exhibit,the building foundation planting areas along the north and south sides of the building have reduced widths.These reduced widths are needed to allow the proposed building improvements while ensuring safe and functional circulation around on the site. The foundation plantings on the north are met via the existing buffer which is allowed to account for 50%of the requirement. Unfortunately that existing buffer is 5' in width.The reduced planting width on the south are needed to allow sufficient space for the drive aisle and parking area south of the building. These foundation planting deficiencies have been mitigated via enhance buffer plantings and additional foundation planting along the western and eastern facades. Further the 30%facade coverage requirement on three sides of the building has been exceeded by providing foundation plantings an all four sides. Lastly,the overall minimum foundation planting area requirement is exceeded even though some of the planting areas do not meet strict dimensional standards. As defined on the Statutory Permit Calculation landscape exhibit, conforming building foundation planting areas provided equal 3,804 S.F.The conforming building foundation plantings are deficient by 2,035 square feet. Non-conforming(due to width reduction) building foundation planting areas equal 1,299 S.F. and mitigation areas for building foundation plantings equal 1,360 S.F. for a total of 6,463 S.F. of conforming and non-conforming area provided.This results in an excess of 624 S.F. above the code requirement.The mitigation planting area is shown on the two exhibits provided with this submittal and consists of an enhanced buffer along the north (west section) property line where ten trees and zero shrubs are required and where we provide ten trees and 93 shrubs. Additionally,other non-conforming building foundation planting areas are proposed on west and east sides of the building. RWA File 150063.00.00 PL20160001107 Naples Acura Site Plan with Deviations 9/23/2016 Deviation#9 Seeks relief from LDC 4.06.03 B.1,"Standards for landscaping in Vehicular Use Areas," -_ which requires that at least ten percent of the amount of vehicular use area onsite shall be devoted to interior landscaping areas,to allow these internal planting areas to overlap the perimeter buffer in order to meet internal planting requirements. As shown on the Site Plan with Deviations Exhibit and the Statutory Permit Calculations landscape exhibit,6,076 S.F. of internal use area planting is required, and 4,232 S.F. of code compliant internal use area is provided.A deficiency of 1,844 S.F. exists.4,499 S.F. of mitigation is provided within the buffers along the west,south and east sides. In lieu of the turf that is typically provided within buffers,we are proposing these mitigation areas to be 100% planted with vegetation. With this deviation we will be exceeding the planting requirement by 2,655 S.F. We acknowledge that the planting areas within the buffers are being used for both perimeter buffers and internal use area, however,the planting areas are enhanced by adding 4,499 S.F. of planted vegetation and removing turf, in turn reducing the amount of water required, reducing maintenance needs and enhancing the aesthetic appeal along the most visible areas of the project. RWA File 150063.00.00 PL20160001107 Naples Acura Site Plan with Deviations 9/23/2016 5 — Affidavit of Authorization • Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX:(239) 252-6358 A FFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) l Stephen Terry (print name),as Asst Secretary (title,if applicable)of TT of Airport,Inc. (company, If applicable),swear or affirm under oath,that I am the (choose one)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 AWA,Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp.pres. or v.pres. • If the applicant is a Limited Liability Company(L.L.C.)or Limited Company(L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • lithe 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,l declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. ‘10)/// Signature Date STATE OF FLORIDA COUNTY OPeOtttER Ocatrh 3e0( The foregoing instrument was sworn to (or affirmed) and subscribed before me on 4/2-5`1(6, (date) by (name of person providing oath or affirmation),as c : who is personally known'tome or who has produced (type of identification)as identification. STAMP/SEAL Signature of Notary Public ate` SARA rtp,, CP\OS-COA-OOf(51155 "JT. 4 l `.l •.0 ti ' . tao7i 306- i:,3 ", , F ivrrd.a NOIdryS,- icr_,.eUrn 8/7/2015 Page 7 of 11 6 — Landscape Plans 'AIRPORT PULLING ROAD N EXIST s I S I Wl AL 1i®19g;WPii e '-" °o ep':aeiri a% (iiii IlllAOl l 1:: bfof- oe)f•a>4j y 1r.4m0Ko E )� iivmr / W�', 1: /Jz lo , , .5foo r_ m1 3eIc - n � - Y i1.._. 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If retail sale, ars conduc- a fi ted in connection with such Indus- . � trial use, additional off-street parking shall be provided as re- quired by the provisions hereof - , - -t- -- . Y t relating to such retail uses. The portion of the !< structure allocated for retail sales k shell be used as a basis for deter- mining additional off-street parking 1. to be provided. In no event shall • there be fewer than five (3) parking apices provided per building. • j Library, Community Center, One (1) apace for each 200 square • i or Recreation facility feet of gross floor area, or one (1) (not otherwise listed) apace for each three (3) seats, whichever is greater. Marina Two (2) spaces for each three (3) ' boat slips or moorings. r Medical, Dental Office One (1) space for each doctor, nurse, 3• • ior employee, plus two (2) spaces for each consultation, practice and/or 1 �i examining room. Mobile Home Residences Two (2) spaces per dwelling unit. . Model Homes, As determined by the Zoning Director. Motel, Hotel One and one half (ll) spaces per unit ' H • VI for the first one hundred (100) units plus one (1) space for each addition- al unit thereafter. . -s New and Used Car Eales Ten (10) parking apses,, plus one (1) space for each 200 square 10)a014 NEIN F�,,,.1 Pat-n Item el/\ IRE feet of office and principal showroom fJ 5faee apace, plus one (1) space for each /jz) 3365044,m,„„) 005 additional 1,000 square feat of re- pair and maintenance space, none of / 7 /1/1/5//60-1/5.) x Ob f which may be used for merchandise inventory parking. In no event shall there be less than one (1) apace for .5/96, each 10,000 square feet of gross land area. 0 Nurses' Home, Convent, One (I) space for each four (4) Monastery lodging units. JO !�j) 77/sr Nursing Home, Home for One space per two (2) beds. y U/cX.0 p the Aged, Convalescent J Homes. 606Profesaional or Business One (1) apace per 250 square feet of /0, 775e Office gross floor area on the first floor level and one (1) space per 300 square feet of gross floor area for each additional floor level. Private Clubs, or One (1) space per 100 square feet of Lodges gross floor area. Public Buildings (not As determined by the Director. otherwise listed) Public Tennis, Racquetball, Three (3) spaces per court. or Handball Courts Restaurants (Drive-In), One (1) space per thirty (30) square Fast Food Service feet of gross floor area. Restaurants with drive-thru facil- ities - subject to Section 10.5) Restaurants (other than One space for each two (2) seals in Drive-In), Bar, Night public rooms, whether seating :a Club fixed or moveable or one (1) space per seventy (70) square teat of the gross floor area, whichever is great- r tr. • v: JJJ';44. • tin 01}4 X167 , 2.4.6.4 COLLIER COUNTY LAND DEVELOPMENT CODE (b) If native vegetation is present, but not dense enough to meet the equivalent of the tree and hedge requirements,it must be supplemented with plantings to meet the tree and hedge requirements. (c) On sites where no native vegetation is present, a 15 foot wide landscape buffer with minimum code size trees located 25 feet on center and a three foot high hedge planted three feet on center must be planted. At the discretion of the county landscape architect, some or all of these landscape buffering requirements may be displaced to a right-of-way landscape buffer located within the parcel when it better serves the public interest of screening the communication tower. 2.4.6.5. Littoral zone planting. All developments that create lake areas shall provide a littoral shelf planting area in accordance with section 3.5.11. 2.4.6.6. --- Building foundation planting areas. All shopping center, retail, office, apart- ments, condominiums, clubhouses and similar uses must provide building foundation planting in the amount of ten percent of proposed building ground v `-I level floor area. These planting areas must be located adjacent to the primary public building entrance(s)and/or primary street elevation and must consist of landscape areas, raised planters or planter boxes that are a minimum of five-feet wide. These areas must be landscaped with trees and/or palms in the �1 0` amount of one tree or palm equivalent per 250 square feet; shrubs and ground /( ,2 1)-2 covers other than grass. Water management areas must not be a part of this planting area. Parking lot islands will not count towards this requirement. 2.4.6.7. Building foundation planting requirements for tall buildings greater than 3 stories or 35 feet in height; and/or Division 2.8 buildings with a footprint greater than 20,000 square feet and/or parking garage structures. Note: buildings subject to the requirements of this section are not subject to the requirements of the previous section 2.4.6.6. (a) The minimum width of building foundation planting areas must be measured from the base of the building and must relate to the adjacent building's wall height as herein defined as follows: Foundation Planting Width (contiguous around perimeter of build- Adjacent Building's Wall Height: ing): Building height wall less than 35 feet 10 feet Building wall height between 35 feet 15 feet and 50 feet Building wall height greater than 50 20 feet feet (b) Trees required by this section must be of an installed size relating to the adjacent building's wall height, as defined below: Supp.No. 17 LDC2:156 and in place as set out in the landscaping plan approved under Subsection L. above. All plant materials must be installed in accord with accepted landscape practices in the arcs. In instances where an act of God or conditions outside the con- trol of the developer have prevented immediate planting, the Zoning Director, if furnished with good and sufficient evi- dence that required plantings will be installed when condi- tions permit, may issue a temporary certificate of occupancy. Such temporary certificate shall be issued to a date certain, with a notarized statement by the owner, developer,or contrac- for that he will bear all costs of vacating occupancy, includ- ing any court and legal fees the County may incur, if the • plantings have not been installed by the date set in the temporary certificate of occupancy. d. Maintenance. The owner shall be responsible for the continued maintenance and upkeep of all required landscaping. Required landscaped areas shall be maintained at all times to present • healthy, alive, neat and orderly appearance for persons pass- • i ing on public ways and shall be kept free of refuse and de- brie. Any plant materials of whatsoever type or kind required by these regulations shall be replaced within thirty (30) days of their demise and/or removal. e. Development Standards: • 1) Required Landscaping Adjacent to Vehicular Rights-of-Way. On any parcel providing an off-street parking area or other vehicular use area where such area will not be en- sor tirely screened visually by an intervening building or • structure from any abutting right-of-way, excluding alleys (except where properties across the alley are F zoned residential), there shall be provided landscaping 4 area along such right-of-way as follows: ti [ (a) A strip of land at least five (5) feet in depth nea- ■ured at right angles to the property lines and located between the abutting right-of-way and the off-street parking area or other vehicular use area which is exposed to an abutting right-of-way shall be landscaped to include en average of one (1) tree for each fifty (50) linear feet or fraction thereof. ,y some 014 mail' (b) In addition, a hedge at least three (3) feet in • height shall be placed along the entire length of such landscaped area, provided no hedge is permitted within ten (10) feet of an intersection of a public right-of-way and a point of ingress and egress of r the parking area. • 2) Required Vehicular Use Landscaping Adjacent to Interior Property Linea. On any lot providing an offstreet park- ing area or other vehicular use area, landscaping shall • be provided between such area and any interior property lines as follows: (a) A strip of land at least five (5) feet in width mea- cured at right angles to the property lines and located along and parallel to the property lines shall be landscaped to include an average of one (1) tree for each fifty (50) linear feet of such inert.. or property line or fraction thereof. In addition to the required trees, such planting area shall be landscaped with grass, ground cover or other land- scape Material, excluding paving. - _7) Required Vehicular Use Area Interior Landscaping: In ad- dition to the requirements for landscaping of areas adjacent to public rights-of-way and interior property lines set out above, landscaping shall be provided for the interior of the lot containing vehicular uses as follows: lo Pel- I -.(a) Off-street parking areas vehicular use areas shall — ,[[ /J ,,e0‘ have at least ten (10) square feet of additional _4'/ 4` interior landscaping for each parking space or ten S,11 � (4 1'G � (10) square feet of landscaped arca for each three ,r1 v 1 ©"5 hundred (900) square feet or fraction thereof of . 1 1 rVIS paved arca whichever is greater. �;, 1 , ,-.(b) Interior landscaped areas shall have a minimum , � dimension of et least five (5) feet and shall in. D� �5ludleast (1) for hundred �' elude at one tree eachone • (100) square feat or fraction thereof. The remain- J_J)O n H CSF ins areas shall be landscaped with shrubs, ground • CP_I I 2,.- 1 101Oj4 ram178 IL p .. cover, or other landscaping material not to exceed two and ons-half (24) feet in height. (c) The intent of this Subsection 1■ such that the interior landscaped area■ ■hall be located in such a manner as to divide and break up the expanse of paving and at strategic points to guide traffic flow and direction. However, in other vehicular use areas where the strict application of this subsec- tion will seriously limit the function of said area such as off-street loading or trash pickup areas, the required landscaping may be located near the perimeter of the paved area. Such required interior landscaping which is relocated as herein provided shall be in addition to the perimeter landscaping requirement.. This subsection shall not apply to interior levels of parking garages. 4) Vehicular Overhang of Landscaped Areas. The front of a vehicle may overhang any landscaped ares a maximum area of three (3) feet, provided the landscaped area is pro- tected by motor vehicle wheel stops or curbing. Two (2) feet of such landscaped area or walkway may be part of the required depth of each abutting parking space. 5) Common Acceaaway on Common Property Line: Wherever • t common accesavay is located on a common property line end providing acre n to off-street parking area■ or other r vehicular use areae on abutting properties, the required !. landscaping for said common property line shall be deter- t.: mined by the Zoning Director. 6) Applicability. The provisions of this Section shall fapply to all new off-street parking or other vehicular • use areas. At such time as existing off-street parking or other vehicular use area. are enlarged or expanded, such provisions shall apply to the previous existing areas as well as the new areas. Any appeal from an administrative determination relating to theme regula- i tions shall be to the Board of Zoning Appeals. 'Prior to ?t: issuing occupancy permits for new construction, implemen- tation and completion of landscaping requirements in ,i so060O14 min el Q off-street vehicular facilities shall be required. Where • conflict exists between the strict application of this Section and the requirements for number of off-street i" parking spaces or area of off-street loading facilities t. as found in the Schedule of District Regulations, the requirements of this Section shall supersede the Sched- ule. ;L7 8.31 Signs. a. Intent and Purpose. The provisions of this Zoning Ordinance F. shall govern the number, sizes, location, and character of all signs which may be permitted as • main or accessory use. No signs shall be erected or permitted in any location except in conformity with this Zoning Ordinance. 3 Increased numbers and sire of signs, as well as certain types of lighting, distract the attention of motorists and pedestrians and interfere with traffic safety. Indiscriminate erection and maintenance of signs seriously detracts from the enjoyment and pleasure in the natural scenic beauty of the County, and in turn, injuriously affects the economic well- being of the citizenry. It is intended to provide for the regulation of types, sizes, locations, and character of signs • in relation to the identification of various uses and activi- tie■ on premises, and to provide for certain types, sizes, locations, and character of off-premise signs. •• b. General Provisions, Requirements and Specifications. 1) All signs must conform to the Federal, State and County Statutes, Codes and Regulations, and also to the Southern Standard Building Code where ■ppliceble. 2) Signs erected by the Federal, State or County governments are not regulated by this Subsection. 3) No sign shall be placed or permitted as a principal use on any vacant property, in any zoning district, except as t.2 provided for in this Zoning Ordinance. 4) All signs shall adhere to the required setbacks, except entrance and gate signs which may be located at.property 'r lines. ' 5) Rntranea and exit signs may be placed at appropriate • places, but not in the right-of-way unless approved by the County Rnginess' 1e6c 014 NAIR October 27, 2016 VA-PL20160001181 Roxanne Stone-Jeske & Nancy Koeper September 28, 2016 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on October 7, 2016,and furnish proof of publication to the attention of Rachel Beasley, Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION:ZONING [Zoning Services Section} FUND& COST CENTER: 131.138326-649100-00000 PURCHASE ORDER NUMBER: 4500161942 Account Number: 076397 Authorized Design • signature for HEX Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,October 27th, 2016, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104,to consider: PETITION NO. VA-PL20160001181 — ROXANNE B. STONE-JESKE AND NANCY D. KOEPER REQUEST A VARIANCE FROM SECTION 4.02.03.A, TABLE 4 OF THE LAND DEVELOPMENT CODE TO REDUCE THE MINIMUM REAR YARD ACCESSORY STRUCTURE SETBACK LINE FROM 20 FEET TO 6.55 FEET FOR A SWIMMING POOL, SPA, POOL DECK AND STAIRS ON A WATERFRONT LOT WITHIN THE RESIDENTIAL SINGLE-FAMILY (RSF-3)ZONING DISTRICT. THE SUBJECT PROPERTY IS LOCATED ON LOT 11, BLOCK M OF THE CONNERS VANDERBILT BEACH ESTATES UNIT 2 SUBDIVISION, ON THE SOUTH SIDE OF TRADE WINDS AVENUE, APPROXIMATELY 1000 FEET WEST OF VANDERBILT DRIVE IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Z W Q V .c N . Q) CO -Q - Vanderbilt DR w =<>L. Shore DR m = o u O n Q a)8 p X 6 J • 3 Old Acct #076397 September 28, 2016 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: VA-PL20160001181, Roxanne Stone-Jeske & Nancy Koeper (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice on Friday, October 7, 2016 (w/Map) and send the Affidavit of Publication, in Duplicate, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500168030 September 28, 2016 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on October 7, 2016, and furnish proof of publication to the attention of the Board's Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, FL 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500161942 Account Number: 076397 Authorized Designee signature for HEX Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,October 27th, 2016, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: PETITION NO. VA-PL20160001181 —ROXANNE B. STONE-JESKE AND NANCY D. KOEPER REQUEST A VARIANCE FROM SECTION 4.02.03.A, TABLE 4 OF THE LAND DEVELOPMENT CODE TO REDUCE THE MINIMUM REAR YARD ACCESSORY STRUCTURE SETBACK LINE FROM 20 FEET TO 6.55 FEET FOR A SWIMMING POOL, SPA, POOL DECK AND STAIRS ON A WATERFRONT LOT WITHIN THE RESIDENTIAL SINGLE-FAMILY (RSF-3)ZONING DISTRICT. THE SUBJECT PROPERTY IS LOCATED ON LOT 11, BLOCK M OF THE CONNERS VANDERBILT BEACH ESTATES UNIT 2 SUBDIVISION, ON THE SOUTH SIDE OF TRADE WINDS AVENUE, APPROXIMATELY 1000 FEET WEST OF VANDERBILT DRIVE IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Z co m Vanderbilt DR a; Lu-16 °a) Gulf Shore DR m = o u o p Q ° axi 6 0 Martha S. Vergara From: Gori, Ivonne <Ivonne.Gori@naplesnews.com> Sent: Thursday, September 29, 2016 4:55 PM To: Martha S.Vergara Subject: RE:VA-PL20160001181 Stone-Jeske & Koeper Confirmed receipt. From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent:Wednesday, September 28, 2016 4:59 PM To: NDN-Legals<legals@naplesnews.com> Subject: VA-PL20160001181 Stone-Jeske& Koeper Hello, Please advertise the following attached ad Friday, October 7, 2016. Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara(&,collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 Martha S. Vergara From: Gori,Ivonne <Ivonne.Gori@naplesnews.com> Sent: Friday, September 30, 2016 3:51 PM To: Martha S. Vergara Subject: FW: CC HEX - 1296679 Attachments: ND-1296679.pdf Please find attached a proof for your review and approval. Thanks! Ivonne From: Boyer, Barbara Sent: Friday, September 30, 2016 3:40 PM To: Gori, Ivonne <Ivonne.Gori@naplesnews.com> Subject: CC HEX- 1296679 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, October 27th, 2016, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610, Naples FL 34104,to consider: PETITION NO. VA-PL20160001181 — ROXANNE B. STONE-JESKE AND NANCY D. KOEPER REQUEST A VARIANCE FROM SECTION 4.02.03.A, TABLE 4 OF THE LAND DEVELOPMENT CODE TO REDUCE THE MINIMUM REAR YARD ACCESSORY STRUCTURE SETBACK LINE FROM 20 FEET TO 6.55 FEET FOR A SWIMMING POOL, SPA, POOL DECK AND STAIRS ON A WATERFRONT LOT WITHIN THE RESIDENTIAL SINGLE-FAMILY(RSF-3)ZONING DISTRICT.THE SUBJECT PROPERTY IS LOCATED ON LOT 11, BLOCK M OF THE CONNERS VANDERBILT BEACH ESTATES UNIT 2 SUBDIVISION, ON THE SOUTH SIDE OF TRADE WINDS AVENUE,APPROXIMATELY 1000 FEET WEST OF VANDERBILT DRIVE IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY, FLORIDA. • ,Bluebill AVE 111th AVE N PROJECT LOCATION CD Gulf c of -" p Mexico 73 w+' Vanderbilt Beach RD' All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252- 8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida October 7,2016 No.1296679 ND-12.679 ❑ PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT:9/30/2016 3:32 PM SALES PERSON: Ivonne Gori PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE: 10/07/16 ND-1296679.INDD SIZE:3 col X 9.25 in Martha S. Vergara From: Martha S. Vergara Sent: Friday, September 30, 2016 4:41 PM To: BeasleyRachel (RachelBeasley@colliergov.net); Rodriguez, Wanda; Stone, Scott; Ashton, Heidi Subject: VA-PL20160001181 - Stone-Jeske & Koeper Attachments: ND-1296679.pdf Hi Rachel, Attached is the ad proof for the HEX Meeting on 10/27/16. Please let me know if there are any changes needed. Thanks, Martha NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, October 27th, 2016, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: PETITION NO. VA-PL20160001181 — ROXANNE B. STONE-JESKE AND NANCY D. KOEPER REQUEST A VARIANCE FROM SECTION 4.02.03.A, TABLE 4 OF THE LAND DEVELOPMENT CODE TO REDUCE THE MINIMUM REAR YARD ACCESSORY STRUCTURE SETBACK LINE FROM 20 FEET TO 6.55 FEET FOR A SWIMMING POOL, SPA, POOL DECK AND STAIRS ON A WATERFRONT LOT WITHIN THE RESIDENTIAL SINGLE-FAMILY(RSF-3)ZONING DISTRICT.THE SUBJECT PROPERTY IS LOCATED ON LOT 11, BLOCK M OF THE CONNERS VANDERBILT BEACH ESTATES UNIT 2 SUBDIVISION, ON THE SOUTH SIDE OF TRADE WINDS AVENUE,APPROXIMATELY 1000 FEET WEST OF VANDERBILT DRIVE IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA. 'Bluebill AVE 111th AVE N PROJECT LOCATION Gulf c oof m Mexico A 0 _Vanderbilt Beach RD w�. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252- 8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida October 7,2016 No.1296679 ND-1296679 0 PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT: 10/4/2016 9:38 AM SALES PERSON: Ivonne Gori PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE: 10/07/16 ND-1296679.INDD SIZE:3 col X 9.25 in Martha S. Vergara From: Rodriguez, Wanda Sent: Tuesday, October 04, 2016 11:41 AM To: Martha S. Vergara Cc: BeasleyRachel; Stone, Scott; KulakPatricia Subject: RE: Roxanne Stone-Jeske & Nancy Koeper VA This one is good now too, thanks! Wanda Rodriguez, ACP Advanced Certified ParaCegaC Office of the County Attorney (239)252-8400 From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Tuesday, October 04, 2016 11:38 AM To: R.odriguezWanda; BeasleyRachel; StoneScott Subject: Roxanne Stone-Jeske & Nancy Koeper VA Wanda, See the aforementioned ad proof that's attached. NDN removed the PUBLIC NOTICE at the top of the ad. Let me know if there are any other changes. Thanks, Martha Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 r:A. apirs B mill r.,,- . r1116 NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 1296679 NOTICE OF PUBLIC HEA 45-168030 Pub Dates October 7,2016 2/ cov_t.4a lel e,'../.. (Sign ure of affiant) Sworn to and subscribed before me I +",lig:; IVONNE GORI This October ,2016 4 et irTs� Notary Public-State of Florida 0 • 1 Commission 0 FF 900070 �= My Comm.Expires Jul 16,2019 / 4 '48`A Bonded through National Notary Assn. it0 -i (Signatur of affiant) ' 20A Friday,October 7,2016 Naples Daily News President Obama ` ` 447,, the Mire: Trw commutes record Ik, . „a c i 1, total 774 federal `'41 lis ir"'t 5 prison sentences r'` mawr -� r RAY LOCKER 4 y ,S 7 - A TODDY WASHINGTON-President Barack Obama corn- ic, , - 7 muted the sentences of an additional 102 federal pris- a on inmates Thursday,continuing his move to dramat- ically reduce the number of inmates in prison fors,. drug crimes. t: "The vast majority of today's grants were for indi- viduals serving unduly harsh sentences for drug-re- lated crimes under outdated sentencing laws,"White House counsel Neil Eggleston said."With today's ALKKEELCrrAv grants,the president has commuted 774 sentences, Women shout slogans during a demonstration Monday at Castle Square in Warsaw,Poland,that was part of a nationwide more than the previous 11 presidents combined." strike to protest a legislative proposal for a total ban on abortion. Thursday's announcement followed a record- breaking month in August,when Obama commuted `7'� in the sentences 325 inmates. Polish women hail Victory What started as a relatively simply move to re- 11k7i� �'�E llll� duce the sentences of those convicted of drug crimes has turned into a move to grant commutations to in- meconvictedof more serious crimes.That has abortion proposal standoff meantant commuting sentences without immediately releasing the inmates in what are known as"term" commutations,as opposed to the more common"time served"commutations.They represent a remark- VANESSA GERA In a complete reversal,lawmakers voted 352-58 on able departure from recent past practice.Unlike a ASSOCIATED MESS Thursday toreject the proposal.IawandJustice leader full pardon,commutations shorten sentences but Jaroslaw Kaczynski warned lawmakers that additional leave other consequences of the conviction in place. WARSAW,Poland-Polish women are declaring vie- restrictions risked bringing about the"exact opposite A USA TODAY analysis of Obama's 673 commuta- tory in adramatic showdown that pitted them against an effect." tions through August showed a marked change in anti-abortion group and the conservative government Whether the women's movement is able to maintain strategy to his clemency initiative,one of the key this week.Three days after the women donned black, its momentum remains to be seen—sometimes revolu- criminal justice reform efforts of his presidency. boycotted work and staged giant street protests,law- lions peter out in the long,hard slog of bringing social Before August,almost all of the inmates whose makers voted overwhelming Thursday against a com- change. sentences were commuted were released within four plete ban on abortion—a proposal they had supported But certainly abortion is a matter of widespread de- months,enough time for the Bureau of Prisons to ar- just two weeks earlier. bate ina way that ithasntbeen since 1993,whenthecur- range for court-supervised monitoring and other re- The victory merely maintains the status quo,which rent law took force after difficult negotiations between entry programs.But the past two rounds of commu- is one of the most restrictive abortion laws in Europe, religious and secular Poles.Often referred to as a"com- tations granted in August showed that 39 percent but feminists hope they have gained the momentum to promise,"the law bans abortion in most cases but does came with a year or more left to serve on the sen- attack that next. make exceptions in cases of rape or incest,when the tence. Agnieszka Graff,a prominent feminist comments- woman's life is in danger or the fetus is badly damaged. Obama has also commuted the sentences of even tor,said she and other feminists have struggled in vain In practicemany doctors are declared conscientious more serious offenders.Before August,13 percent for years to reach younger Polish women,and this was objectors who refuse to perform even legal abortions. of inmates receiving clemency had used a firearm in the first time she has seen them mobilized in huge num- Polish women seeking abortions typically get them the offense.For those granted presidential mercy in hers. neighboring countries,or they order abortion pills on- August,it was 22 percent.On Thursday,11 of the 102 "The feeling on the street wasrevolutionary.Women line. commutations were for sentences involving a fire- were angry,but they were also elated at seeing how The proposal for further tightening of the law came arm. many of us there were.The black clothes created this from a citizens'initiative that gathered 450,000 signa- In Thursday's announcement,21 inmates were secret-but-open signal that connected strangers on the tures in this nation of 38 million.While supported by scheduled to be released from prison Feb.3.The rest street,"Graff said. some conservative Catholics,it was highly unpopular will be released later in 2017 or years in the future, While the women protested to defend the current with most Poles,with people balking at the idea that a which is a continuation of the trend toward term re- law,she believes there is a good chance the events teenage rape victim should be forced to have her baby sentencing. might have the paradoxical result of creating"a whole or that a woman whose health was badly compromised Contributing:Gregory Korte generation of pro-choice women." would be forced to carry to term. NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,on Thursday,October 27th,2016,in the Hearing Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL Examiner(HEX)at 9:00 A.M.,on Thursday,October 27th,2016,in the Hearing 34104,to consider. Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: PETITION DR-PL20160001107-PETITIONER,TT OF NAPLES,INC.REQUESTS APPROVAL OF A SITE PLAN WITH DEVIATIONS PURSUANT TO LDC SECTION PETITION NO.VA-PL20160001181 -ROXANNE B. STONE-JESKE AND NANCY 10.02.03.F AND SEEKS DEVIATIONS FROM LDC SECTION 4.02.01,TO REDUCE THE D.KOEPER REQUEST A VARIANCE FROM SECTION 4.02.03.A,TABLE 4 OF THE MINIMUM SIDE YARD SETBACK,FROM LDC SECTION 4.05.04,TO REDUCE THEMILAND DEVELOPMENT CODE TO REDUCE THE MINIMUM REAR YARD ACCESSORY TO REDUCEDMTH NUMBER OF UM REQUIRED LANDSCAPE N DSCAPE,BUFFERFULDC DTH D A4.LLOW STRUCTURE SETBACK LINE FROM 20 FEET TO 6.55 FEET FOR A SWIMMING POOL, EN THE SINIMUM QEQUIDED DEWIDTH ANDS ALLOW ENCROACHMENTS INTO REQUIRED LANDSCAPE BUFFERS,FROM LDC SECTION SPA,POOL DECK AND STAIRS ON A WATERFRONT LOT WITHIN THE RESIDENTIAL 4.06.03,TO ALLOW INTERIOR PLANTING AREAS WITHIN VEHICULAR USE AREAS SINGLE-FAMILY(RSF-3)ZONING DISTRICT.THE SUBJECT PROPERTY IS LOCATED TO OVERLAP THE PERIMETER BUFFER,FROM LDC SECTION 4.06.05,TO REDUCE ON LOT 11,BLOCK M OF THE CONNERS VANDERBILT BEACH ESTATES UNIT 2 THE MINIMUM REQUIRED FOUNDATION PLANTING AREA WIDTH,AND FROM LDC SUBDIVISION,ON THE SOUTH SIDE OF TRADE WINDS AVENUE,APPROXIMATELY SECTION 5.05.08,TO REDUCE THE MINIMUM REQUIRED SETBACK BETWEEN THE 1000 FEET WEST OF VANDERBILT DRIVE IN SECTION 29,TOWNSHIP 48 SOUTH, FRONT ENTRY AND A DRIVE OR A PARKING AREA,FOR A PROPOSED ACURA RANGE 25 EAST,COLUER COUNTY,FLORIDA. DEALERSHIP PROJECT.THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF EXCHANGE AVENUE,JUST EAST OF AIRPORT-PULUNG ROAD,IN SECTION 36,TOWNSHIP 49 SOUTH,RANGE 25 EAST,COLUER COUNTY,CONSISTING OF I I 2.48±ACRES. Bluebill AVE 111th AVE N PROJECT iOc*T10N 7 GoTdenGate PKWY 3. LOCATION L,s,.. Gofr 5 aIACaTON ) p0I Mexico C/4, P K I � a J A Vantle Y. P ..�. rbllt Beach RD Radio RD a, 0_ ..4... All interested parties are invited to appear and be heard. All materials used in a presentation before the Hearing Examiner will become a permanent part of the record. All interested parties are invited to appear and be heard. All materials used in Copies of staff report are available one week prior to the hearing. The file can be presentation before the Hearing Examiner will become a permanent part of the record. reviewed at the Collier County Growth Management Department Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division, The Hearing Examiner's decision becomes final on the date rendered. If a person Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. decides to appeal any decision made by the Collier County Hearing Examiner with The Hearing Examiner's decision becomes final on the date rendered. If a person respect to any matter considered at such meeting or hearing,he will need a record of decides to appeal any decision made by the Collier County Hearing Examiner with that proceeding,and for such purpose he may need to ensure that a verbatim record respect to any matter considered at such meeting or hearing,he will need a record of of the proceedings is made,which record includes the testimony and evidence upon that proceeding,and for such purpose he may need to ensure that a verbatim record which the appeal is to be based. of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of If you are a person with a disability who needs any accommodation in order to certain assistance. Please contact the Collier County Facilities Management Division participate in this proceeding,you are entitled,at no cost to you,to the provision of located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252- certain assistance. Please contact the Collier County Facilities Management Division 8380,at least two days prior to the meeting. located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252- 8380,at least two days prior to the meeting. Mark Strain, Mark Strain, Chief Hearing Examiner Chief Hearing Examiner Collier County,Florida Collier County,Florida October 7,2016 No.1296644 October 7,2016 No.1296679 fa hQx(.9- 20A Friday,October 7,2016 Naples Daily News "02 COL NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing — Examiner (HEX) at 9:00 A.M., on Thursday, October 27th, 2016, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: PETITION NO. VA-PL20160001181 - ROXANNE B. STONE-JESKE AND NANCY D. KOEPER REQUEST A VARIANCE FROM SECTION 4.02.03.A, TABLE 4 OF THE LAND DEVELOPMENT CODE TO REDUCE THE MINIMUM REAR YARD ACCESSORY STRUCTURE SETBACK LINE FROM 20 FEET TO 6.55 FEET FOR A SWIMMING POOL, SPA, POOL DECK AND STAIRS ON A WATERFRONT LOT WITHIN THE RESIDENTIAL SINGLE-FAMILY(RSF-3)ZONING DISTRICT.THE SUBJECT PROPERTY IS LOCATED ON LOT 11, BLOCK M OF THE CONNERS VANDERBILT BEACH ESTATES UNIT 2 SUBDIVISION, ON THE SOUTH SIDE OF TRADE WINDS AVENUE, APPROXIMATELY 1000 FEET WEST OF VANDERBILT DRIVE IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Bluebill AVE 111th AVE N PROJECT LOCATION Q Gulf a of = p Mexico !„ " 7p Vanderbilt Beach ach RD All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252- 8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida October 7,2016 No. 1296679 NO-1296€79