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HEX Agenda 09/14/2017 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, SEPTEMBER 14,2017 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING&REGULATION BUILDING, 2800 N. HORSESHOE DRIVE,NAPLES,FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. BDE-PL20170000573 — Luke Larson requests a 4.5 foot boat dock extension over the maximum 20 feet limit in Section 5.03.06 of the Land Development Code for a total protrusion of 24.5 feet to accommodate a boat dock facility with one vessel for the benefit of Lot 288, Isles of Capri No. 2 subdivision, also described as 143 Tahiti Street, in Section 32, Township 51 South,Range 26 East, Collier County,Florida. [Coordinator: Fred Reischl,Principal Planner] B. PETITION NO. BD-PL20160003559 — 4011 Belair Lane, LLC requests a 15-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 35 feet, to accommodate a new boat dock facility for the benefit of Lot 88, Southport on the Bay, Unit One, also described as 181 Topanga Drive, in Section 6, Township 48 South,Range 25 East,Collier County,Florida. [Coordinator: Eric Johnson,Principal Planner] C. PETITION NO. SV-PL20170001467—Equity Piper Naples,LLC requests a sign variance from LDC Section 5.06.04.F.1 to allow a sign separation of 240 feet between two pole or ground signs instead of 1000 feet on a single parcel. The subject property is located at the corner of Piper Boulevard and Cypress Way East in Section 23, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Ray Bellows,Zoning Manager] D. PETITION NO. BD-PL20170000541—David Bautsch requests a 36.46-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 56.46 feet,to accommodate a new docking facility, including a new boathouse, for the benefit of Lot 9, Block F, Replat of Unit No. 3 Little Hickory Shores, also described as 297 3rd Street, in Section 5, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Fred Reischl,Principal Planner] NOTE: This item has been continued to the September 28,2017 HEX Meeting. E. PETITION NO. PDI-PL20160003062 — Foxfire Community Association of Collier County, Inc. requests an insubstantial change to Ordinance No. 93-31, the Foxfire Planned Unit Development which amends and supercedes Ordinance Nos. 75-10 and 80-10, the prior Foxfire Planned Unit Development,to show on the Master Plan the parcel lines to the maintenance building parcel known as platted Tract 9 of the Foxfire Unit Three Subdivision at the northwest corner of the project in Tract B Low Intensity Multi-family Residential Development and establish setbacks and clarify the height limitations for the maintenance building. The subject property, consisting of 385+/-acres, is located between Radio Road(CR-856)and Davis Boulevard(CR-83)approximately one mile east of Airport-Pulling Road (CR-31), in Section 1, Range 25 East, and Section 6, Range 26 East,both in Township 50 South, Collier County, Florida. [Coordinator: Fred Reischl, Principal Planner] 4. OTHER BUSINESS 5. PUBLIC COMMENTS 6. ADJOURN Coi[ier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT PLANNING & ZONING DIVISION DATE: SEPTEMBER 14, 2017 SUBJECT: BD-PL20170000573, LARSON BOAT DOCK PROPERTY OWNER/AGENT: Owner: Thomas Luke Larson 143 Tahiti Street Naples, FL 34113 REQUESTED ACTION: AGENDA ITEM 3-A Agent: Patrick Scheele Turrell, Hall & Associates, Inc. 3584 Exchange Avenue Naples, FL 34104 The petitioner seeks approval to allow construction of a boat dock facility that protrudes 4.5 feet over the permitted maximum protrusion of 20 feet, for a total of 24.5 feet. GEOGRAPHIC LOCATION: The subject site is located at 143 Tahiti Street and is further described as Isles of Capri Number 2, Lot 288. The folio number is 52396080009 (please see location map on the following page). PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting approval to construct a boat dock facility which extends 4.5 feet beyond the maximum 20 -foot protrusion. BD-PL20170000573 Page 1 of 7 143 Tabiti Street September 14, 2017 HEX 0 /o0 m O U ,W,� F O V �o LL J °l as �r� dpi CL co 0) c c O N M rl- LO O 0 O O 0 N J 0. L N 4 E 7 Z c O V a on AOpp�O-° Qo ®o0pp®4dp��J�1�0@�Q oO va - ©pV 0 /o0 m O U ,W,� F O V �o LL J °l as �r� dpi CL co 0) c c O N M rl- LO O 0 O O 0 N J 0. L N 4 E 7 Z c O V a SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Single family house with an existing dock, zoned RSF-4 SURROUNDING: North: A branch of Snook Bay, across which are single-family homes zoned RSF-4 East: A single family house, zoned RSF-4 South: Tahiti Street ROW, across which are single-family homes zoned RSF4 West: A single family house, zoned RSF-4 Aerial rfsubjw properly ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request. Section 5.03.06(E)(11) of the Land Development Code (LDC), Manatee Protection, is applicable to multi -slip docking facilities with 10 or more slips. The proposed boathouse consists of one boat slip and is therefore not subject to the provisions of this section of the LDC. A submerged resources survey did not indicate any seagmsses. BD-PL20170000573 Page 3 of 143 Tahiti Street September 14, 2017 FLEX A Special Treatment (ST) permit is required for the construction of this dock facility (see ST- PL20170001082, attached). STAFF COMMENTS: The Collier County Hearing Examiner (HEX) shall approve, approve with conditions, or deny, a dock facility extension request based on certain criteria. In order for the HEX to approve this request, it must find that at least four of the five primary criteria and four of the six secondary criteria under LDC Section 5.03.06.H have been met. Staff has reviewed this petition in accordance with Section 5.03.06 and recommends the following findings to the HEX: Primary Criteria 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Criterion met. The proposed single dock facility is deemed appropriate in relation to the approximately 60 linear feet of water frontage of the subject lot. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) Criterion met. According to the applicant, a 27 -foot vessel requires more depth than is available at the 20 -foot protrusion. 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Criterion met. The dock is proposed to protrude 24.5 into a 99.5 -foot wide canal, using 24.6 percent of the canal for navigation. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) BD-PL20170000573 Page 4 of 7 143 Tahiti Street September 14, 2017 HEX Criterion met. The dock is proposed to protrude 24.6 percent of the canal, leaving 50 percent of the canal as navigable (please see Exhibit labeled Existing Adjacent Docks). There will be no additional impact to navigation. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Criterion met. The dock is proposed to maintain 15 -foot setbacks from the riparian lines, allowing navigation of adjacent docked boats. Secondary Criteria 1. Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Criterion met. The dock, including the required 15 -foot setbacks, permits a 30 -foot wide dock. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Criterion met. This petition is provides a slip for a single vessel and storage for personal watercraft. This provides reasonable, safe access without excessive deck area. 3. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Criterion met. The dock is proposed to moor a 27 -foot vessel, less than 50 percent of the 60 -foot linear shoreline. no additional dock area is proposed. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. The view shed of neighboring properties will not be impacted. BD-PL20170000573 Page 5 of 7 143 Tahiti Street September 14, 2017 HEX 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(I) of the LDC must be demonstrated.) Criterion met. The Submerged Resources Survey indicates no seagrass beds within 200 feet; therefore, there will be no impact to seagrass beds. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) Criterion not applicable. The petitioner's property is a single-family lot and is not subject to the provisions of the Manatee Protection Plan. Staff analysis indicates that this request meets five of the five primary criteria. Regarding the six secondary criteria, criterion 6 is not applicable, and the request meets five of the remaining five secondary criteria. APPEAL OF BOAT DOCK FACILITY TO THE BOARD OF COUNTY COMMISSIONERS: As to any boat dock facility extension petition upon which the HEX takes action, an aggrieved petitioner, or adversely affected property owner, may appeal such final action to the Board. Such appeal shall be filed with the Growth Management Department Head within 30 days of the action by the HEX. In the event that the petition has been approved by the HEX, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30 -day period. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report on August 30, 2017. STAFF RECOMMENDATION: Based on the above findings, Staff recommends that the HEX approve Boat House Petition BD- PL20160000573. BD-PL20170000573 Page 6 of 7 143 Tahiti Street September 14, 2017 HEX PREPARED BY: FREDVISCHL, AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: / k? ? RAYMO V. BELLOWS, ZONING MANAGER DATE ZONING DIVISION APPROVED BY: MIKE BOSI, AICP, DIRECTOR DATE PLANNING & ZONING DIVISION BD-PL20170000573 Page 7 of 7 143 Tahiti Street September 14, 2017 HEX co ger county GmMh Management Department Development Review Division Apd121, 2017 LARSON, THOMAS LUKE 143 TAHITI ST NAPLES, FL 34113 RE: Special Treatment Permit No.PL20170001082 Property ID # 52398080009 Dear Mr. Larson Your request for a special treatment (ST) development permit for the above referenced property has been administratively approved pursuant to section 4.02.14 and 2.03.07.D of the Collier County Land Development Code (LDC). The attached site plan identifies s8e alterations authorized by this pernit. The following stipulations shall apply: 1. Prior to issuance of a certificate of occupancy (CO) all exotic vegetation, as defined in Division 1.08.02 LDC, shall be removed from the property. 2. Permits or letters of exemption from the Florida Department of Environmental Protection and the U.S. Army Corps of Engineers shall be presented prior to issuance of a County building permit. If you have any questions regarding this matter, please feel free to contact me at Phone: (239)-252-2548 or CraigBrown@colllergov. net. Sincerely. VaWdAwfte Rw4ou, DtwW" Growth Management Department 2800 N. Horseshoe Dr. Naples, Florida 34104 239-252-2400 CALY y Reviewed and Approved For Permit Issuance PL20170001082 0412112017 ce. Clark Turner, 2555 Shumard Oak Blvd, Room 370-0, Tallahassee, FL 32399-3000 0 STATE OF FLORIDA B 6 g E su61FCa A PACffAtt 04: n S p `•� T PA J,u Lei � YYa Tao wa s Ali �e FT,MYERS O — YueO 'a MIA I 0 0 SUCT a FROPEM Ono VICINITY MAP am KEYWE.(S�T ONF(FMIEW R'EROUOFS � N!-' cm COLLIER COUNTY WT SITDADDRESS; �f •'t <>143 TAHRI ST�(. NAPLES, FL 34113 NOTFS.. o THESE DRAWINGS ARE FOR PERMITRNG PURPOSES ONLY a� AND ARE NOT INTENDED FOR CONST RUCTION USE. <>TATTNDE: N3'945.47 <>LONGDTDE: W8104341.77 COUNTY AERIAL Tu<r H &Amociaic0c. LAF2SON DOCK.. Marine &Eo1 Ncowiine Y Y 3584EcchVAva. NapNgFL34193732 LOCATION MAP mAo: aul , f,Tal.Np@pdkQcciiwm Phw:DN16066 Fi R19�N}6D2 SECTIOK62 TOWNSHIP -Z88 RAN(IE92F � I s W zl W� W aL� 2 J Z Z J J J SCAlf iN riT! g g g g a a a a a d rc I 28.T ay m 0S5 ;EXISTINGI TOE OF RIP RAPEXISTING EXISTING SEAWALL DOCK NOM SIT O RFSS: xmlo�rwculsmuLTwuu9vw6L6E5 Pulxuu 143TAHITIST wiwmManwxwttanswxPnuoiOMlW . Wn1B10BII4W(IfSYp:'NAQ4xultume. NAPLES, FL34113 'waaoenaa,m aar.Ie . wnranoxmwue,Eu��t w . E®wGOAMniB181PUGW2WPA Y4 1wN . MOM6W1SIw4Y, MTWtOwMyRXF wS maw.nEr IEM'aM'Ak As IAIN Tulrel�Hall&A�ocia�es,lEc. LARS O N DOCK Mance&Eovim4Ctg ml , 3584E*AvNaple,FL74100732 EXISTING SITE Ns 41 MMS�Or�ME FJIDi P6wm)Rml% Ftt791613 0 U lulil WI a Q co Z W W Q D ? Z y aJ K Q CI tt m aIr 0: rc � 25% WIDTH OF WATERWAY �B + h ry h q 0 p w EXISTING TOE OF RIP RAP EXISTING SEAWALL PROPOSEDDOCK NOTES: gIT6 ADDRPSS: •• �NESEaNnncsuaravEv�umNcw�saarwo a�NmiNluaoroNautpiapmE 143 TAHITI ST numnu:NanwxEecasAaeawaorouw • wniFA aPfXafpAIESTa, Tm�4XwL4A1mL' NAPLES, FL 34113 wartxamu�x¢¢ aanu • MU'AttGMNmSAVENNFPDP%lia p • DSNL aHM1RPSI&CIUEy14aSj twk • womawalmwAr,urwaouuWPm{ r9 • mw wrvw uw4awv' .aa uu Tmnll, Hall & Associalcs, luc. LA R S O N DOCK„ !a ��aTY � Marine &Eovionmeatai Coag hS �„ . 3584FacbmgeAve. Naples•P1,34193732 PROPOSED WITH DEPTHS �M, maw w m4ou¢bas hmm PdmepRM166 Fups�a4uNt _.,., .,... S MOWM TOWNSHIP -PSS PAN ME 9g J'CrtE7h'TiP1 C g� a B �--12.3' �- 12' 3' PROPOSED ANGLED ROPE RAIL PLATFORM PROPOSED DOCK PROPOSEDLIFT EXISTING SEAWALL ALL PILES TO BE WRAPPED WITH PVC FROM 0.5 BELOW -4 3 BOTTOM TO I.DABOVE MHW • n4swamN[sua EOARRl411NGpIAPo5F30NrN0 nENmwmeEDroecaeWvenoxuss • NLGRmlYKKMHfRWI$Nf{EAENLNrO LLW • EUfkYtlYMIESYpF YOD,ii41FG00.Y9AMXD,K• •axnronrtD. osuron N%YINIMWIFD5x0FFlWE�AW%if. M • EYM7WAIMWAY,"T0MF�F%SM 1S • yryplN[:WAIEPWAY.YNIiONHNURKr S.S' ouDAw N.wNtarop •IN Nww�xerop xe • wKPo9®O+ESYgEi51W1DRTFIN➢Va9fY m rmuRMII AFRWUAgE(mWAaEY m • roixwromwroxrsaNwM�. asn Turrell Hall&Associates I9c. �NNrD " ` ^� °°° Marine @EBvuonm¢o al Cousulgog LA R S O NDOCK... ; %Eachanpk. NaphFL341043132 QRQ$$ Q'j�QN aHtIR uau c 6mil'.Nri`wff4 . RmspP)64A19 fm(2N)6IM SECTION -52 TOWNMR.BS `-ffiE 0 LARSON DOCK 143 TAHITI STREET NAPLES, FL 34113 SUBMERGED RESOURCE SURVEY MARCH 2017 PREPARED BY: TURRELL, HALL & ASSOCIATES, INC 3584 EXCHANGE AVENUE, STE B NAPLES, FL 34104 143 TAHITI STREET SUBMERGED RESOURCE SURVEY MARCH 2017 0 1.0 INTRODUCTION At the request of Collier County, Turrell, Hall & Associates, Inc. (THA) conducted a Submerged Resource Survey (SRS) at 143 Tahiti Street, Naples, Florida 34113 (folio #52396080009). The property is located on the south side of Isles of Capri between the Marco River and Tarpon Bay. The property is located in Section 32, Township 51 South, and Range 26 East. The upland portion of the property consists of a single-family residence with an existing docking facility. THA was contracted to provide environmental permitting services and one aspect of the services being a Submerged Resource Survey (SRS). This survey will provide planning and review assistance to both owners and agency reviewers in regards to any proposed project. The SRS was conducted on March 10, 2017. Light winds and mostly sunny skies resulted good weather conditions however the underwater visibility only ranged from 4-6 inches. Surface water conditions on this day were relatively calm which also helped to provide good environmental conditions for the survey. The water temperature was 70°F. Low tide occurred at 5:32 A.M (-0.4') and high tide occurred at 12:23 P.M (2.2') on the date of the survey. 0 2.0 OBJECTIVE The objective of the SRS was to identify and locate any existing submerged vegetation or other natural resources within 200' of the proposed docking facility. The survey provided onsite environmental information to help determine if a proposed project would impact any existing submerged resources. The general scope of work performed at the site is summarized below. • THA personnel conducted a site visit and snorkeled transects within the vicinity of the subject property, verifying the location of any submerged resources. THA personnel identified submerged resources at the site, estimated the % of coverage, and delineated the approximate limits of any submerged resources observed. • THA personnel delineated limits via a handheld GPS (Garmin Model 78C). 3.0 METHODOLOGY THA biologists intentionally designed the methodology of the SRS to cover the entire property shoreline. The components for this survey included: Page 1 of 5 143 TAHITI STREET SUBMERGED RESOURCE SURVEY MARCH 2017 • Review of past permits and surveys completed to determine extents of any previously located submerged resources 0 • Review of aerial photography of survey area • Establish survey transects lines overlaid onto aerials • Physically swim transects, GPS locate limits of submerged resources, and determine approximate percent of coverage • Document and photograph all findings The surveyed area was evaluated systematically by following the established transects spaced approximately 5 -feet apart within the footprint of the proposed docking facility as shown on the attached exhibit. Since the majority of the surveyed area was in and around the existing docking facility and small mangrove area both providing easily identifiable reference markers, which assisted in locating the transects and keeping them consistent throughout most of the survey area. One biologist swam these transects using snorkel equipment throughout the entire surveyed area. The other individual stayed on the dock and assisted with compiling notes and documenting findings on aerials. Submerged resources were located, photographed, and documented. The biologists used a half meter square quadrant further broken into sections by cordage to make coverage estimates easier. The findings are shown in the Exhibits section. 4.0 RESULTS The substrate found within the surveyed area is a silt muck with very little if any shell debris. This substrate was found throughout the entire surveyed area. There were scattered clumps of oyster debris in and around the small mangrove along the seawall shoreline, however there were no living shells. There were barnacles located on the existing dock piles, mangrove roots, and face of seawall, however, findings were minimal. Also observed were a few different fish species observed during the survey and a list of these species has been prepared and is provided below as Table 1. Table 1— Observed Fish Species Common Name Scientific Name Sheepshead Archosargus probatocephalus Striped Mullet Mugil cephalus Mangrove Snapper Lu Janus griseus • Page 2 of 5 143 TAHITI STREET SUBMERGED REsoURCE SURVEY MARCH 2017 The majority of the survey area exhibited the silt muck bottom that did not have 10 significant submerged resources. The lack of submerged resources is most likely due to the overall water quality within the man-made canal as well as the loose nature of the substrate. Seagrasses generally require a sandier substrate and more salinity to recruit and persist. • 5.0 CONCLUSIONS The submerged resource survey at the site yielded a few findings mostly in and around the existing dock and mangrove roots. The scattered oyster debris was observed along the mangrove fringe and the barnacles were growing on dock piles and face of the seawall panels. Negative impacts to these submerged resources are not expected as the project is being proposed. Page 3 of 5 0 143 TAHITI STREET SUBMERGED RESOURCE SURVEY MARCH 2017 [a oGng dor lc PJe.. @.euaiv�lf. Page 5 of 5 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) Thomas Luke Larson 1 Thomas Luke Larson (print name), as (title, if applicable) of (company, If applicable), swear or affirm under oath, that I am the (choose one) ownerQapplicant=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. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action, 5. Well authorize Turrell. Half and Associates Inc to act as our/my representative in any matters regarding this petition including 1 through 2 above. n `Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. Pres. • If the applicant is a Limited Liability Company (L. L. C.) or Limited Company (L. C.), then the documents should typically be signed by the Company's "Managing Member. " • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then • use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature Date STATE OF FLORIDA COUNTY OF COLLIER 4he-foregoing in trument w s sworn to (or affirmed) and subscribed before me on ' 1 (date) by } S ' �� 17 (name of person providing oath of affirmation), as who is personally known a or ho has produced ! t -(r� �lcit—hl (type of identification) as identification. i STAMPISEAL Signat a of Notary Public LAURA G. KNECHTEL MY COMMISSION # GG 039128 EXPIRES: November 9, 2020 N �• t,,+ Bonded Thru Notary Pubk Underwr4ere CP108-COA-00115\155 REV 3/24/14 Collier County COLLIER COUNTY GOVERNMENT •GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX (239)252-5724 • LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) ISLES OF CAPRI NO 2 LOT 288 S32 T51 R26 FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 52396080009 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 143 TAHITI ST. Naples. FL. 34113 • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) PROPOSED PROJECT NAME (if applicable) Larson Dock PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP or AR or PL # ADDRESSING CHECKLIST Please complete the following and email to GMD Addressing@colliergov,net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel Prior to ore -application meeting. Please allow 3 days for Processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑s BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI(insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIP] (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) • ❑ RZ (Standard Rezone) ❑ OTHER • LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) ISLES OF CAPRI NO 2 LOT 288 S32 T51 R26 FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 52396080009 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 143 TAHITI ST. Naples. FL. 34113 • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) PROPOSED PROJECT NAME (if applicable) Larson Dock PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP or AR or PL # cAiVe,- county COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (2391252-2400 FAX (239) 252-5724 Projector development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Return Approved Checklist By: ❑ Email ❑ Fax Applicant Name: Turrell, Hall & Associates - Patrick Scheele Phone: 2396430166 Email/Fax: patrick@THAnaples.com ❑ Personally picked up Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 52396080009 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by:_ V".. Date: 12/2/2016 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED L • �r. , Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239( 252-2400 Pre -Application Meeting Notes 11 Petition Type:�r/ 9 �'X%2%tJ$ iC7N Date and Time: .Z 2.-// 7 Assigned Planner: J+rlEs Engineering Manager (for PPL's and FP's): Project Information Project Name: — L.A�.SC.� FiCJC� T�✓lam PL #:l i^"' -T "--^�^ PL201700t0005573 Property ID N: / Current Zoning: j,_✓� N IT /`4� J Project Address: �_ I�_ 3-/n�t6 D -&-E; City: _ State: _ Zip: Applicant: T/Le ( r 'lhiiioc � L— Agent Name: 1ezJQQ E-r2S Phone: • Agent/Firm Address•(Ar-v�City: State: _ Zip: Property Owner: Please provide the following, if applicable: I. Total Acreage: ii. Proposed # of Residential Units: ill. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 L 0 Meeting Notes Z4/jPA,C o/" 1111241" pN �F*4�AAT. Co&r County ,•,,,.•".�,,..�� -'mer COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting andinaI Submittal Requirement Checklist for: Dock Extension Boathouse Chapter 3 B. of the Administrative Code The fonowing Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW REQUIRED NOT COPIES REQUIRED Completed Application (download current form from County website) 6 Signed and Sealed Survey Chart of Site Waterway Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip -rap revetment); • Configuration, location, and dimensions of existing and proposed 6 [] El facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. Affidavit of Authorization, signed and notarized El Completed Addressing Checklist El Electronic copy of all required documents *Please advise: The Office of the Hearing Examiner requires all materials .14X El to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. Please contact the project manager to confirm the number of additional copies required. 6/3/2014 Page 6 of 7 • • • • • Cor County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Environmental Review: See Pre -Application Meeting Sign -In Sheet Addressing: Annis Moxam Graphics: Mariam Ocheltree ❑ City of Naples: Robin Singer, Planning Director ❑ Historical Review ❑Comprehensive Planning: See Pre -Application Meeting Sign -In Sheet E] immokalee Water/Sewer District: Conservancy of SWFL: Nichole Ryan Parks and Recreation: Vicky Ahmad El I County Attorney's Office: Heidi Ashton-Cicko Transportation Pathways: Stacey Revay ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ School District (Residential Components): Amy Heartlock Ll Engineering: Alison Bradford Transportation Planning: John Podczerwinsky ❑ Other: ❑ I Utilities Engineering: Kris VanLengen FEE REQUIREMENTS: Boat Dock Extension Petition: $1,500.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner: $Qi"e /?"Z5 An additional fee for property owner notifications will be billed to the applicant prior to the ` Hearing Examiner hearing date. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Signature of Petitioner or Agent Date 6/3/2014 Page 7 of 7 GOlL1eY CAT4Hty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre -Application Meeting Sign -In Sheet PLMPLM: �LZD%i(�YJQP�S2� Collier County Contact Information: Name Review Discipline Phone Email ❑ Chris Alcorn Utili Blllin 821-8136 chrisalcom@collie ov.net ❑ David Anthony Environmental Review 252-2497 dwidanthon @colliersov.net ❑ Summer AraOue Environmental Review 252-6290 summerbrownara ue@wiiierpy.net ❑ Steve Baluch, P.E. Transportation Planning 252-2361 Ste henBaluN@collie ov.net ❑ Laurie Beard Tran ortation Pathways 252-5782 Lauriebeard@collie ov.net Rachel Beasle Zoning Services 252-8202 rach.lbeasley@collier ov.net Ll Marcus Berman County Surveyor 252-6885 MarcusBerman@wlliergm.net ROW Permitting252-5165 markbunchin@colliergov.net Casco Utilityfilling 252- 543 georgecascio@colliergov.net hton Ocko Mana in Asst. Coun Attorney 252-8773 heidiashton@colliergov.net kner gftnqrtchin Comprehensive Plannin 252-5715 suefaulkner@colli ov.net North Naples Fire 597.3222 dalefey@collier ov.net ishman Im act Fee Administration 252-2924 paulaflundlach, AICP, PLA Zoning Services 252-2484 nancygundlach@wlliergov.net ❑ Sharfflngson East Naples Fire District 687.5650 shin on@ccfco.or ❑ John Houldsworth Engineering Services 252-5757 Johnhouldsworth@wlliergm.net ❑ Jodi Hughes Transportation Pathwa s 252.5744odihu hes@collie ov.net C1Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahum ries@colliergov.net ❑ Eric Johnson, AICP,CFM Zonin Services 252-2931 ericjohnson@wlliergm.net Marcia Kendall Comprehensive Planning252-2387 marciakendall@collierR�.net Ste hen Umbe er Environmental Review 252-2915 stevelenberger@collie ov.net ❑ Garrett LouviereStormwater 252-2526 arrettlouviere@collier ov.net ❑ Paulo Martins Utilities 252-4285 paulomartins@colli ov.net ❑ Thomas MastrobertoFire Safety 252-7348 Thomas mastroberto@wllle ov.net ❑ Jack McKenna, P.E. En ineerin Services 252-2911 ackmckenna@collie ov.net ❑ Matt McLean, P.E. Principal Project Manager 252-8279 matthewmclean@collie ov.net ❑ Gilbert Moncivalz Utility Impact Fees 252-4215 ilbertmnciveiz@colliergov.net ❑ Annis Moxam Addressing 252-5519 annlsmoxam@colie ov.net ❑ Stefanie Nawrocki Planning and Zoning 252-2313 SterfameN.wrockWcoffiergow.net ❑ Jessica Huckeba CAD Technician 252-2315 JessicaMuckeba@colliegov.net ❑ Brand Otero Transit 252-5859 brandyotero@collie ov.net >wr-o-'-TkA, J vi, -t- S • C 1 • J CJ • • .l '`r"�-y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252.2400 ❑ Bill Pancake North Naples Fire 597-3222 billpaneake@colliergov.net ❑ Brandi Pollard UtilltV Impact fees 252-6237 brandipollard@cofllergoy.net ❑ Fred Reischl, AICP ZoningServices 252-4211 fredreischl@collie ov.net ❑ Brett Rosenblum, P.E. Utility Plan Review 252-2905 brettrosenblum@colllergm.net ❑ Edwin Sanchez Fire Review 252-7517 edwinsanchez@wllie ov.net ❑ Michael Sawyer Transportation Planning 252-2926 michaelsa er@wllie ov.net ❑ Co Schmidt, AICP Comprehensive Planning252.2944 w schmidt@wlliergm.net ❑ Chris Scott, AICP Planning and Zoning 252.2460 chrincott@colliergov.net ❑ Peter Shawinsky Architectural Review 252-8523 PeterShawinskyliDwIllergov.nat Ix Daniel Smith, AICP Zoning Services 252-4312 danlelsmith@wlltergoy.net ❑ Ellen Summers Planningand Zoning252-1032 EllenSummeu@colliergov.net Scott Stone Assistant County Attorney 2524400 scotUtone@colliergov.net ❑ Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net 0 Chad Sweet Transportation 252-5687 chadsweet@collierogy.net ❑ Mark Tem leton Landsca a 252-2475 me mpleton@colliergm.net ❑ Jon Walsh Building Review 252-2962 lonathanwaish@wlliergm.net ❑ David Weeks, AICP Comprehensive Planning 252-2306 davidweeks@colliergov.net ❑ larsom Wilkie Environmental Review 252-5518 kirstanwflkle@colliergov.net ❑ Christine Willoughby Plannin and Zonin 252.5748 ChdstineWillou hb @collier w.net Additional Attendee Contact Information: Name Representing Phone Email -�e. ` . c— tn 1 Sv ctil �ur211 aD d /} it 4i -al "' ir; IIA P AGENDA ITEM 3-B Coil'ier County MEMORANDUM TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: SEPTEMBER 14, 2017 SUBJECT: 181 TOPANGA DRIVE; BD-PL20160003559 PROPERTY OWNER]APPLICANT: AGENT: 4011 Belair Lane, LLC Jeff Rogers 4629 Crossfield Circle Turrell, Hall & Associates, Inc. Louisville, KY 40241 3584 Exchange Avenue Naples, FL 34104 REOUESTED ACTION: The applicant is requesting a 15 -foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code (LDC) to allow a total protrusion of 35 feet in order to accommodate a new boat dock facility on a parcel zoned Lely Barefoot Beach Planned Unit Development (PUD). GEOGRAPHIC LOCATION: The subject site is located at 181 Topanga Drive. The site is further described as Lot 88, Southport on the Bay, Unit One in Section 6, Township 48 South, Range 25 East, Collier County (see location map on the following page). PURPOSE/DESCRIPTION OF PROJECT: The purpose of the request is to allow an extension for a boat dock facility that protrudes 35 feet into the waterway in order to accommodate a 35 -foot long vessel. BD-Pt20160003559 181 Topanga Dnve Pagel of8 August 31, 2017 PROJECT LOCATION Location Map Petition Number: PL20160003559 Zoning Map SITE LOCATION FIT y� ®a P0 �mm �4 m PP aae� Petition Number: PL20160003559 Zoning Map SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the subject site. North: Little Hickory Bay South: Right-of-way for Topanga Drive, zoned Lely Barefoot Beach PUD East: Vacant lot, zoned Lely Barefoot Beach PUD West: Vacant lot, zoned Lely Barefoot Beach PUD BD-PL20160003559 181 Topanga Drive Page 3 of 8 August 31, 2017 ENVIRONMENTAL EVALUATION: The proposed dock will be traversing through the existing mangrove shoreline vegetation, which is a platted Conservation Easement (CE) that allows for a path to traverse the CE. A submerged resources survey, provided by the applicant, did not identify any seagrass or seagrass beds within 200 feet of the proposed project. In addition to the submerged resources survey provided, surveys for other boat docks in the area have indicated that no seagrass beds exist in this area. The depth and light penetration characteristics are not conducive to seagrass beds. Therefore, the applicant provided sufficient information to recommend approval of the petition. This project does not require an Environmental Advisory Council Board (EAC) review, because this project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. ANALYSIS: In accordance with LDC Section 5.03.06.H., the Collier County Hearing Examiner shall approve, approve with conditions, or deny a dock facility extension request based on certain criteria. In order for the Hearing Examiner to approve this request, at least four of the five primary criteria and four of the six secondary criteria must be met BD-PL20160003559 181 Topanga Drive Page 4 of 8 August 31, 2017 Primary Criteria: 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Criterion met. The proposed facilities will consist of one boat slip, which is appropriate in relation to the 101.45 feet of shoreline. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) Criterion met. The drawing in the applicant's support material labeled Cross Section shows that the bottom portion of the boat lift at the mean low water line (MLWL) would result in a small gap between the boat lift cradle and the bottom of the canal floor. This drawing demonstrates that the proposed 35 -foot protrusion into the waterway represents the minimum extension necessary. 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Criterion met. The applicant stated, "The proposed docking facility will not have adverse impacts on navigation within the adjacent waterway, which is not a marked channel." Staff concurs. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion not met. The drawing in the applicant's support material labeled Docks in Canal Dimensions shows the waterway is 112 feet wide at MHWL. The drawing also shows that vegetation is present along the shoreline of the subject property as well as the along the shoreline of the property located on the opposite side of the waterway. The presence of this vegetation serves to further reduce waterway navigability. The drawing does not indicate the percentage of the dock protrusion into the waterway; however, based on the distances provided on the drawing, staff estimates it would be approximately 31%. This protrusion would exceed the maximum allowed which is 25%. BD-PL20160003559 181 Topanga Drive Page 5 of 8 August 31, 2017 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Criterion met. The drawing in the applicant's support material labeled Proposed Aerial shows the proposed dock would be at least 25 feet from both the east and west riparian lines. The drawing in the applicant's support material labeled Docks in Canal Dimensions shows the closest dock, located on the opposite side of the waterway, would be 76 feet away from the proposed dock. This spacing is more than adequate. Secondary Criteria: 1. Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Criterion met. The subject property has an irregular-shaped shoreline and a CE dedicated landward of the property line and MHWL. The drawing in the applicant's support material labeled Proposed Aerial shows that vegetation exists seaward of the CE. The irregular shoreline and the presence of mangroves count as special conditions not involving water depth for this proposed dock facility. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area. Criterion met. The drawing in the applicant's support material labeled Proposed Site shows that most of the deck area would be four feet in width. Wider areas are proposed in the corners; however, it is staff's opinion that the proposed dimensions and configuration of the deck area are reasonable and meet the intent of this criterion. 3. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Criterion met. The application indicates the length of the vessel would be 35 feet, which is less than half of the property's shoreline frontage of 101.45 feet. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. The proposed facility will be setback from the riparian lines in accordance with the requirements of the LDC. The drawing in the applicant's support material labeled Docks in Canal Dimensions shows that the proposed facility will be comparable to the others along the same waterway. The drawing labeled Cross Section depicts the aluminum support BD-PL20160003559 181 Topanga Drive Page 6 of 8 August 31, 2017 beams of the boat lift. While not indicated on the drawing, staff understands these pilings would not exceed nine feet above the MHWL. As such, it is staff's opinion the view shed of neighboring properties will not be impacted to the extent that this criterion would not be met. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06.J of the LDC must be demonstrated.) Criterion met. The submerged resources survey provided indicates that no seagrass beds exists within the footprint of the dock. No seagrass beds will be impacted by the proposed dock facility. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated. Criterion not applicable. The provisions of the Collier County Manatee Protection Plan do not apply to individual docks behind individual residences. Staff analysis finds this request complies with four of the five of the primary criteria and five of the six secondary criteria. APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS: As to any boat dock extension petition upon which the Hearing Examiner takes action, an aggrieved petitioner, or adversely affected property owner, may appeal such final action to the Board of County Commissioners. Such appeal shall be filed with the Growth Management Department Administrator within 30 days of the Decision by the Hearing Examiner. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30 -day period. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on August 30, 2017. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner approve Petition BD- PL20160003559 with the stipulation that the issuance of a certificate of completion for the dock facility shall not precede the issuance of a certificate of occupancy for the dwelling (principal structure). Attachments: A) Support Material Provided by Staff B) Application & Support Material BD-PL20160003559 181 Topanga Drive Page 7 of 8 August 31, 2017 PREPARED BY: ERIC L O SON, AICP, CFM PRINCIPAL PLANNER DATE ZONIN VISION REVIEWED BY: A� -6[31& RAYM V. BELLOWS, ZONING MANAGER JJATE ZONING DIVISION MICHAEL BOSI, AICP, DIRECTOR DATE ZONING DIVISION BD-PL20160003559 181 Topanga Drive Page 8 of Petition No. PL20160003559 AFFIDAVIT OF COMPLIANCE FOR PROVIDING INDIVIDUAL MAIL NOTICE TO AFFECTED PROPERTY OWNERS 1. I hereby certify that pursuant to Subsections 10.03.05.13.8 and 10.03.05.13.10 of the Collier County Land Development Code, I did give notice of the public hearing before the Collier County Hearing Examiner (HEX) scheduled for September 14th, 2017 by U.S. mail to the affected property owners at the addresses provided to me by the Collier County Property Appraiser's Office on August 25th, 2017. A copy of the list of addresses from the Collier County Property Appraiser's Office is attached to this Affidavit. 2. Copies of the letters mailed to the affected property owners are attached to this Affidavit. Dated this 2/ �2 day of 2017. Signature Print Name S Mo -,-3 r;�v6 Print Title 1 of 2 STATE OF FLORIDA ) ) SS COUNTY OF COLLIER) BEFORE ME, a duly authorized notary of the State of Florida, personally appeared te- (-who is personally known to me or produced as identification, and under oath stated that the above is true and correct and to the best of his/her knowledge. DATED this day of av, 2017. 2 of 2 �Notary, State of Florida --' vie Notary Printed Name .. J`. JEANINE CHAPP ... Notary Public. State of Florida =;` �"—'•�� My comm. expires Jan. 27. 2018 COmmitsiOA Number FF 87003 My commission expires: I 2 of 2 �Notary, State of Florida --' vie Notary Printed Name COLLIER COUNTY Growth Management Department August 25, 2017 Dear Property Owner: This is to advise you that because you may have interest in the proceedings or you own property located within 500 feet (urban areas) or 1,000 feet (rural areas) of the following described property, Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on September 14th, 2017, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. BD-PL20160003559 — 4011 BELAIR LANE, LLC REQUESTS A 15 -FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET ALLOWED BY SECTION 5.03.06 OF THE LAND DEVELOPMENT CODE, FOR A TOTAL PROTRUSION OF 35 FEET, TO ACCOMMODATE A NEW BOAT DOCK FACILITY FOR THE BENEFIT OF LOT 88, SOUTHPORT ON THE BAY, UNIT ONE, ALSO DESCRIBED AS 181 TOPANGA DRIVE, IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. You are invited to appear and be heard at the public hearing. You may also submit your comments in writing. NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEX AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE HEX SHALL BE SUBMITTED TO THE COUNTY STAFF MEMBER NOTED BELOW A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HEX WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. Any person who decides to appeal a decision of the Collier County 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. 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 Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. This petition and other pertinent information related to this petition is kept on file and may be reviewed at the Growth Management Department building located at 2800 North Horseshoe Drive, Naples, Florida 34104. Please contact the staff member noted below at (239)-252-2931 to set up an appointment if you wish to review the file. Sincerely, ak jO&tbM Eric Johnson Principal Planner PROJECT LOCATION a jr - Location Map SITE LOCATION Petition Number: PL20160003559 Zoning Map ODm � ® e �° f1i� � � ® et• A OJ eo',® ®" PUD„ a ® M. ease 0 m warm �� Q' n Q EDQ n Q A 100 ® e TRACT B ql a ( ® m m ro et ® Q o ®®®� as U Petition Number: PL20160003559 Zoning Map JohnsonEric From: Sent: To: Subject: Good morning Mr. Johnson, Holm, Ashley E LT <Ashley.E.Holm@uscg.mil> Thursday, August 17, 2017 8:55 AM JohnsonEric RE: Collier County Boat Dock Extension (181 Topanga Drive) No, this channel is not marked with CG Aids to Navigation and looks to be recreational. Thanks! V/R, LT Ashley Holm Ports and Waterways Branch Chief USCG Sector St. Petersburg 155 Columbia Drive Tampa, FL 33606 813-228-2191 x8105 -----Original Message ----- From: JohnsonEric [mailto:EricJohnson@colliergov.net] Sent: Wednesday, August 16, 2017 11:38 AM To: Holm, Ashley E LT Subject: [Non-DoD Source] RE: Collier County Boat Dock Extension (181 Topanga Drive) Lt. Holm, Is this a marked or charted navigable channel? Respectfully, Eric L. Johnson, AICP, CFM, LEED Green Associate Principal Planner -----Original Message ----- From: Holm, Ashley E LT [mailto:Ashley.E.Holm@uscg.mil] Sent: Wednesday, August 16, 2017 8:03 AM To: JohnsonEric <EricJohnson@colliergov.net> Subject: RE: Collier County Boat Dock Extension (181 Topanga Drive) Good morning Mr. Johnson, I see no issue with the dock extension at this location. This looks to be recreational. Thanks! V/R, LT Ashley Holm Ports and Waterways Branch Chief USCG Sector St. Petersburg 155 Columbia Drive Tampa, FL 33606 813-228-2191 x8105 -----Original Message ----- From: JohnsonEric [mailto:EricJohnson@colliergov.net] Sent: Tuesday, August 15, 2017 2:12 PM To: Holm, Ashley E LT Subject: [Non-DoD Source] Collier County Boat Dock Extension (181 Topanga Drive) Lt. Holm, Good afternoon. The property owner of 181 Topanga Drive is requesting a boat dock extension. See below. The subject property is located within NOAA 11426. I copied a portion of the applicable map for your convenience. When evaluating requests for boat dock extensions, staff is tasked with providing a written response to the following criterion: 1. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Is this a marked or charted navigable channel? Subject Property 181 Topanga Dr Approximate Location Respectfully, Eric L. Johnson, AICP, CFM Principal Planner Collier County Growth Management Department Zoning Division - Zoning Services Section 2800 Horseshoe Drive North Naples, FL 34104 (239) 252-2931 office (239) 252-6503 fax LEED GA Color 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. JohnsonEric From: Jeff Rogers <Jeff@thanaplescom> Sent: Wednesday, August 16, 2017 4:59 PM To: JohnsonEric Subject: RE: 181 Topanga Dr Eric, The tallest piles are typically the boatlift piles with support beams which would be approximately 6.6' above the proposed deck elevation. Typically overall height for boatlift and support piles from MHWL would be 9' Regards, Jeff Rogers Project Manager Turrell, Hall & Associates, Inc. Marine & Eovim ntal Cuasu ting 3586 Exchange Ave. Sw. B. Napks, FL 34104-3732 Phone:(239) 6434HM F.:(239) 643-6632 Web: www,=Il.associaws com �3. Turrell, ball & A=iate Inc marine environmencio x.E n c Y 11" T1111TT� Ill 1 t . s c - Al N 1 M W NA C.MeN.N O .P EP.POP, IIOT-PY LF RY I J.EfFOe . ¢OAlF11 irNP.N ",OP AL i'.. EP.E P 1 E AIDP.[.. PNP AT 1IV. i From: JohnsonEric[mailto:EricJohnson@colliergov.net] Sent: Wednesday, August 16, 2017 3:53 PM To: Jeff Rogers <Jeff@thanaples.com> Subject: FW: 181 Topanga Dr Jeff, Thank you for responding to my question. As a follow up question, is the tallest pile associated with the boat lift? If so, what will be its maximum height, measured from MHWL? Respectfully, Eric L. Johnson, AICP, CFM, LEED Green Associate Principal Planner From: Jeff Rogers [mailto:Jeff@thanaoles coml Sent: Wednesday, August 16, 2017 3:20 PM To: JohnsonEric <EricJohnsontacolliergov net> Subject: RE: 181 Topanga Dr The vessel shown is floating at MLW elevation Regards, Jeff Rogers Project Manager Turrell, Hall & Associates, Inc Marim&EnNronm ud ComWting 35M Exchange Ave. 8[e. B. NVIl ,FL 3410.1-3732 Phare: (239) 643-0166 F.:(239) 643fi632 Web: www tumll-associates co ails—u11t f�SSO� 8C �Vomenul Cate$ Inc W ory��1Xc.vl Ola to T4IF 11 sED A aer�Tc eF EF 1 E,SAW. Is No. ] le F P'Flli I. 1 10 116 .MENDEN R nil, Y E XFIE11 11AT ANV LED 91P'1 XIS �GnMINTPt N ,N ERR,R, 11F Ibi FY . T,1 F_wl 11JT 1" "1117111,1. IE OAGI T1 IT, 11 IF 1111. _Ext 1,, E..PPNEE. From: JohnsonEric [mailto:EricJohnson�colliereov netnet Sent: Wednesday, August 16, 2017 11:50 AM To: Jeff Rogers <Jeff_@ plthanapplles.com> Subject: 181 Topanga Dr Is the boat shown floating at MI -IW or MLW? CONSERVATION SECTION A -A c EASEMENT LINE �--- � rase �.r ree- r 3S' FROM PROPERTY LINE d MI 35 -f- a' --�-- 14•8 PROPOSED FIXED I PROPOSED F ACCESS WALKWAY I O I� 11 l �II VMLW oa(ruVl � uLwosvlNA ALL PILES TO BE WRAPPED FROM 6' BELOW SUBSTRATE TO 12' ABOVE MHW Turrell. Hall& lCta,Inc,OCK IFABRIZI D r� s all & Aiaramc c 1sY+tukwWAve %qk FL )4I"IA• CROSS SECTION !d >rrre+..nwtw Mt!MMtO1M Int`-R�M4Ml` Respectfully, Eric L. Johnson, AICP, CFM Principal Planner Collier County Growth Management Department Zoning Division — Zoning Services Section 2800 Horseshoe Drive North Naples, FL 34104 (239) 252-2931 office (239)252-6503 fax 3 iM 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. FABRIZI DOCK PL20160003559 181 TOPANGA DRIVE NAPLES, FL 34134 AUGUST 2017 PREPARED BY: TURRELL, HALL & ASSOCIATES, INC 3584 EXCHANGE AVENUE, STE B NAPLES, FL 34104 UPDATED BDE APPLICATION 0 0 0 Coer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 w .colliergov.net (239) 252-2400 FAX: (239) 252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION APPLICATION AND SUBMITTAL INSTRUCTIONS LDC Section 5.03.06 Chapter 3 B. of the Administrative Code The following information is intended to guide the applicant through the application and public hearing process for a Dock Facility Extension or Boathouse Establishment Petition. Prior to submitting the Dock Facility Extension or Boathouse Establishment Petition application, the applicant shall attend a pre -application meeting to determine if a dock facility extension or boathouse establishment is available and to discuss the location, length/protrusion, and configuration of the proposed boat dock facility. The pre -application fee is $500.00 and will be credited toward application fee upon submittal. If the application is not submitted within 9 months of the pre -application meeting the pre -app fee will be forfeited and will not be credited toward the application fee. In order for the application to be processed, all accompanying materials (see attached submittal checklist) shall be completed and submitted with the application. The application fee for a Dock • Facility Extension or Boathouse Establishment is $1,500.00, plus $925.00 for required legal advertising. • After submission of the completed application packet, accompanied with the required fees, the applicant will receive a response notifying that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., BDE- PL20120000000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Pursuant to the LDC and the Administrative Code, several public notice requirements shall be completed within the required time frames. The Planning and Zoning Department will provide, at the cost of the applicant, legal notification to surrounding property owners within 500 feet of the subject property and newspaper advertisement (required 15 days prior to the advertised Hearing Examiner hearing date). The applicant will be notified by email of the hearing date and will receive a copy of the Staff Report. It is recommended, but not required, that the applicant or the agent attend the Hearing Examiner hearing. Please contact the Growth Management Division at 252-2400 for further assistance completing this application. 2/28/2017 Page 1 of 7 Co ter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 2S2-2400 FAX: (239) 252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch. 3 B. of the Administrative Code THIS PETITION IS FOR (check one): 0 DOCK EXTENSION [] BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION Applicant(s): 4011 Belair Lane LLC Address: 4629 Crossfield Circle city: Louisville State: KY ZIP: 40241 Telephone: Cell: 239-209-3999 Fax: E -Mail Address: Ezio@distinctivedevlopmentgroup.com • Name of Agent: Jeff Rogers Firm: Turrell, Hall & Associates, Inc. Address: 3584 Exchange Ave city: Naples state: FL ZIP: 34104 Telephone: 239-643-0166 Cell: 239-784-0081 Fax: 239-643-6632 E -Mail address: Jeff@THANaples.com PROPERTY LOCATION Section/Township/Range: 06 48 25Property I.D. Number: 74435007604 Subdivision: Southport on the Bay Unit: 1 Lot: 88 Block: Address/ General Location of Subject Property: 181 Topanga Drive Current Zoning and Land use of Subject Property: Lely Barefoot Beach PUD / single-family residential, duplex residential, etc. • 2/28/2017 Page 2 of 7 L 1I 1' u C� J Co tier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ADJACENT ZONING AND LAND USE DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): The proposed work entails the construction of a new single-family fixed docking facility that is approximately 595 square feet of poor water structure with ane optional boat lin. The proposetl dock will protrude approximately 35 -feet from the most a stncliva point into a waterway that IS approximately 112-festwoomom MHWLto MHWL. The applicant is requesting for a 15 -toot extension from the allowed 20 -feet. SITE INFORMATION 1. Waterway Width: 112 ft. Measurement from ❑ plat ❑ survey ❑ visual estimate K other (specify) aerial 2. Total Property Water Frontage: 101 45 ft. 3. Setbacks: Provided: 25&25 ft. Required: is&15 ft. 4. Total Protrusion of Proposed Facility into Water: 35 ft. S. Number and Length of Vessels to use Facility: 1. 35 ft. 2. ft. 3. ft. 6. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: There are numerous other docking facilities on Little Hickory Bay and surrounding waterways, all of which protrude approximately 20' to 50' out into the same waterway 2/28/2017 Page 3 of 7 Zoning Land Use N A -ST Hickory Bay S Lely Barefoot Beach PUD Right-of-way for Topanga Drive E Lely Barefoot Beach PUD Lot 87 (Single-family Residential) W Lely Barefoot Beach PUD Lot 88 (Single-family Residential) DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): The proposed work entails the construction of a new single-family fixed docking facility that is approximately 595 square feet of poor water structure with ane optional boat lin. The proposetl dock will protrude approximately 35 -feet from the most a stncliva point into a waterway that IS approximately 112-festwoomom MHWLto MHWL. The applicant is requesting for a 15 -toot extension from the allowed 20 -feet. SITE INFORMATION 1. Waterway Width: 112 ft. Measurement from ❑ plat ❑ survey ❑ visual estimate K other (specify) aerial 2. Total Property Water Frontage: 101 45 ft. 3. Setbacks: Provided: 25&25 ft. Required: is&15 ft. 4. Total Protrusion of Proposed Facility into Water: 35 ft. S. Number and Length of Vessels to use Facility: 1. 35 ft. 2. ft. 3. ft. 6. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: There are numerous other docking facilities on Little Hickory Bay and surrounding waterways, all of which protrude approximately 20' to 50' out into the same waterway 2/28/2017 Page 3 of 7 Co ter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: 1239) 252-6358 7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? 024 Acres 8. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? n Yes n No If ves, please provide copies. PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of • transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) • 2/28/2017 Page 4 of 7 The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular • Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Response: The total waterfront length for this property is 101 -ft. The zoning and upland land use is single family residential which warrants no more than 2 slips per CC -LDC; the current proposed dock design has 1 boat slip. 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) Response: See attached survey/drawing illustrating the existing water depths, mangrove/vegetation line which is within the Conservation Easement (CE) located along the subject property shoreline. There are two factors that are driving force for the required BDE which are due to the shallow water depths and • the mangrove shoreline. The mean high water line (MHWL) is the most restrictive point but due to limitation of removing or trimming the mangroves and the shallow water depths the dock is being proposed in the only location that will allow for safe ingress/egress to the proposed slip. 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Response: The proposed docking facility will not have adverse impacts on navigation within the adjacent waterway, which is not a marked channel. The proposed docking facility is located within a canal where minimal to no navigation occurs other than local residence. The entire waterway is used for navigation as there are no navigational markers indicating the exact thread of navigation. The proposed docking facility provides adequate space for navigation through this waterway and the properties across the waterway already have docking facilities which are not directly across from the proposed dock. This will ensure there will be adequate space for navigation. 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) • Response: The proposed docking facility protrudes approximately 35 -feet from the MHWL into a waterway that is approximately 112 -feet wide from MHWL to MHWL. This correlates to approximately 32% width of waterway therefore, the dock does not maintain the required percentages based on the criteria. 5. Whether or not the proposed location and design of the dock facility is such that the facility would not inL-rf with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Response: The proposed dock facility will provide 32.5 -feet clearance to any neighboring dock that • would be constructed on either adjacent property's shoreline. These clearances both provide adequate space for a dock to be built and still provide safe ingress/egress for the typical sized vessels within little Hickory Bay. • • • _5ater County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 341D4 www.colliergox.net (239) 252-2400 FAX: (239) 252.6358 SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must beat least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagmss beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.061 must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) 2/28/2017 Page 5 of 7 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include • type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Response: The proposed docking facility design was mostly driven by the presence of the Conservation Easement (CE) and associated mangrove shoreline vegetation. The CE being located along the entire shoreline is the one special condition other than water depths driving the dock design to protrude out past the mangrove fringe therefore requiring the BIDE approval. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Response: The proposed dock facility has been minimized to the fullest extent possible and still provide adequate and safe access to and from the vessel. The proposed docking facility size and design are consistent with the surrounding area. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Response: The proposed docking facility has been designed to only moor one vessel up to 35 -feet which is less than 50% the subject property's linear waterfront footage. 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view is of either property owner.) Response: The proposed dock facility will provide one boatlift that will not have a major impact on the waterfront view of either neighboring property. The proposed docking facility is consistent with others on this canal and will not affect neighboring properties view of the waterway. 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.061 must be demonstrated.) Response: There are no seagrass beds present on the property nor the neighboring properties within 200' of the existing dock structure. 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) Response: The proposed work is a single-family dock facility and therefore not subject to Manatee Protection Requirements. 40 • • • Coer County COLLIER COUNTY GOVERNMENT 29M NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.coliiergov.net (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklirt for: ❑ Dock Extension ❑ Boathouse Chapter 3 B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 6 Signed and Sealed Survey ❑ ❑ ❑ Chart of Site Waterway Site Plan Illustration with the fotlowing: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip -rap revetment); • Configuration, location, and dimensions of existing and proposed 6 ❑ ❑ facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. Affidavit of Authorization, signed and notarized 1 ❑ ❑ Completed Addressing Checklist 1 ❑ ❑ Electronic copy of all required documents *Please advise: The Office of the Hearing Examiner requires all materials 1 ❑ ❑ to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 2/28/2017 Page 6 of 7 Couftty COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colifergov.net (239) 252-2400 FAX; (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: FEE REQUIREMENTS: ❑ Boat Dock Extension Petition: $1,500.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner: $925.00 ❑ An additional flee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. As the authorized agent/applicant for this petition, I attest that all of the information Indicated on this checklist is included in this submittal package. l understand that failure to include all necessary submittal information may result in the delay of processing this petition. iLv Signature o Petitioner or Agent Date 6/3/2014 Page 7 of 7 C C&.q � t • • AFFIDAVIT OF AUTHORIZATION 0 0 aw if AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) • lQ (print name), as s A4...+ beC (title, if applicable) of LLL (company, If a ilcable), swear or affirm under oath, that I am the (choose one) owner ppllcant0contract purchaserrland that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Devolppment Code: 2. All answers to the gV#stlona in this applicalligm and any sketch$$, dote or other supplementary matter attached hereto and mads a part of thio application are honest and true: $. 1 have authprized the staff of Qolllar County to anter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this appllcstion: and that 4, The property will by transferred. conveyod, sold or. subdivided subject to the conditions and restrictions impose b th opprovod a tion. 5. We/! authorize paQr.S 7 a'kk. �� ,^ cV& to act as our/my representative in any matters regarding'.t Is tition i , luding i through 2 above. "Notes: If the applicant la q corporation, then I is usually executed by the corp. pnM. or v. pres. • If the applicant is a LirniteV Liability Company (L.L,C•) or LimHed Company (LC.), then the documents should typically be signed by the Company's `Managing Member: " . If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • if the applicant is a limited partnership, then the general partner must sign and be Identified as the general partner' of the named parfne. rshlp. • If the applicant Is a trust, then they must incloOo the trustee's name and the words was trustee". • In each instance, first determine the applicant's status, e.g., Individual, corporete, trust partnership, and then use the appropriate format for that ownership. and that • Uncl#ctsted is* of perjury, I declare that I have read the foregoing Affidavit of Authorization the nit are true. InnsrurQ 40ate STATE OF FLORIpA CQUNTY OF COLLAR yrtdate) by The foregoing Instrument was sworn to (or affirmed) anti aubsubscribedbefore me on t -r ( (name of person providing oath or affirmation), as who is personally known to ma or who has produced (type of identification) as identifcation. (J. STANIPISEJII_ SIB a re of'NbuNy Public CrMQ COA.00115\1,M R1:V 3441341 JAMES W. GIESEt. INS f•: w commissx)m a FF93T.",q EXPIRES Novamow 29.2lt9 •m aie�w ,�• • 2017 FOREIGN LIMITED LIABILITY COMPANY REINSTATEMENT DOCUMENT# M13000003858 Entity Name: 4011 BELAIR LANE, LLC' •Current Principal Place of Business: 6297 HIGHCROFT DRIVE NAPLES, FL 34119-8496 Current Mailing Address: 6297 HIGHCROFT DRIVE NAPLES, FL 34119-8496 FEI Number: 46-2903564 Name and Address of Current Registered Agent: CRAPAROTTA, SALVATORE A MEMBER 6297 HIGHCROFT DRIVE NAPLES, FL 34119-8496 US FILED Mar 01, 2017 Secretary of State CR8081048683 Certificate of Status Desired: Yes The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: SALVATORE A CRAPAROTTA 03/01/2017 Electronic Signature of Registered Agent Date Authorized Person(s) Detail Title MGRM Name CRAPAROTTA, SALVATORE A Address 6297 HIGHCROFT DRIVE City -State -Zip: NAPLES FL 34119-8496 • Title MGRM Name PAGANO, DOMINICK Address 4261 BRINWOOD City -State -Zip: NAPLES FL 34119 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: SALVATORE A CRAPAROTTA MEMBER 03/01/2017 Electronic Signature of Signing Authorized Person(s) Detail 0 Date ADDRESSING CHECKLIST FABRIZI DOCK 181 TOPANGA DRIVE NAPLES, FL 34134 MARCH 2017 PREPARED BY: >qqow TURRELL, HALL & ASSOCIATES, INC 3584 EXCHANGE AVENUE, STE B NAPLES, FL 34104 0 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net �ZITTFT W" 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5740 Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-262-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing RMnnel prior to on .meeting, please Allow 3 days for processinsr. Not all items will apply to every project. Items in bold type are required_ FOLIO .NUMBERS MUST BE PROVIDED. Fomes older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (blasting Permit) ❑ SDP (Site Development Plan) Q BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDR) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIN (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplalled) PNC (Project Mame Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal $ Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) SOUTHPORT ON THE BAY UNIT ONE LOT 88 1 E I LM K Z FOLIO (Property ID) NUMBER(*) of above (attach to, or associate with, legal description if more than one) 74435007804 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 181 Topanga Drive, Naples, FL 34134 LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way a SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (lf applicable) Fabrizi Single Family Dock PROPOSED PROJECT NAME (rf applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projectsJsites only) SDP-- or AR or PL # COLLIER COUNTY GOVERNMENT • GROWTH MANAGEMENT DEPARTMENT www.collierSov.net Coyer c0WAy 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34109 (239) 252-2+400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Return Approved Checklist By: ❑ Email ❑ Fax 0 Personally picked up Applicant Name: Ezio Fabrizi Phone: EmeiUFax: ezio@distinctivedev►elopmentgroup.com Signature on Addressing Checklist does not constitute Project and/or Street Name • approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number `7 4 y 3.5- U 0 7Jrp D V Folio Number Folio Number Folio Number Folio Number Folio Number Approved Updated by: I Date: ?-01 • IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED PRE -APP NOTES FABRIZI DOCK 181 TOPANGA DRIVE NAPLES, FL 34134 MARCH 2017 PREPARED BY: TURRELL, HALL & ASSOCIATES, INC 3584 EXCHANGE AVENUE, STE B NAPLES, FL 34104 .5 T C�oxx y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre- 1 MUOn eet ng Notes Petition Type: and time: Assigned Planner: Eric Johnson Engineering Manager (for PPL's and FP's): Project information Project Name: 181 Topanga Drive (Belair Lane LLC) .0 PL #: 20160003559 Property ID #: 74435007604 Current Zoning: Lely Barefoot Beach PUD Project Address: 181 Topanga Drive city Naples State: FL Zip: 34134 Applicant: Turrell, Hall & Associates, Inc. Agent Name:.Jeff Rogers Phone. 239-643-0166 Agent/Firm Address: 3584 Exchange Ave # B City. Naples state: FL Zip: 34104 • Property Owner: 4011 Belair Lane, LLC Please provide the following, if applicable: I. Total Acreage: 0.24 ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: Ord. 77-48, 06-22 vi. If the project is within a Plat, provide the name and AR#/PL#: 0 • Co r Ccl my COLLIER COUNTY GOVERNMENT 2840 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colHertrov.net (239) 252-2400 Pre-App)lcation Meeting Sigh4n Street Pl. ii: zo'sAufla55s Collier County Contact Information; Name Review Discipline Phone Email ❑ Richard Anderson Environmental Specialist 252-2483 richardanderson@colliergov.net ❑ David Anthony Environmental Review 252-2497 davidanthony@colliergov,net ❑ Summer Araque Environmental Review 252-6290 summerbrownaraque@colliergov.net ❑ Steve Baluch, P.E. Transportation Planning 25.2-2361 StephenBaluch@coiliergov.net ❑ Laurie Beard Transportation Pathways 252-5782 Lauriebeard@colliergov.net ❑ Rachel Beasley Planner 252-8202 rachelbeasley@►colliergov.net ❑ Marcus Berman County Surveyor 252.-6885 MarcusBerman@colliergov.net ❑ Madelin Bunster Architectural Review 252-8523 madelinbunster@colliergov.net ❑ Mark Burtchin ROW Permitting 252-5165 markburtchin@colllergov.net ❑ George Cascio Utility Billing 252-5543 georgecascio@colliergov.net ❑ Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidiashton@rolliergov.net ❑ Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@colliergov.net ❑ Eric Fey, P.E. Site Plans Reviewer 2524434 eridey@colliergov.net ❑ Paula Fleishman Impact Fee Administration 252-2924 aulafleishman@colliergov.net ❑ Nancy Gundlach, AICP, PLA Zoning Services 252-2484 nancygundiach@colliergov.net ❑ Shar Hingsorr East Naples Fire District 687-5650 shingson@ccfco.org ❑ John Houldsworth Engineering Services 252-5757 'ohnhouldsworth@colliergov.net ❑ Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net ❑ Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphries@colliergov.net Eric Johnson, AICP,CFM Zoning Services 252-2931 ericjohnson@colliergov.net rj Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net (_I Stephen Lenberger Environmental Review 252-2915 stevelenberger@colliergov.net U Paulo Martins Utilities 252-4285 paulomartins@coliiergov.net J Thomas Mastroberto Fire Safety 252-7348 1 Thomasmastroberto@colliergov.net ❑ Jack McKenna, P.E. Engineering Services 252-2911 jackmckenna@colliergov.net ri Matt McLean, P.E. Principal Project Manager 252-8279 matthewmclean@colliergov.net Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz@colliergov.net ❑ Annis Moxam Addressing 252-5519 annismoxam@colliergov.net ❑ Stefanie Nawrocki Planning and Zoning 252-2313 StefanieNawrocki@.colliergov.net I7 Mariam Ocheltree Graphics 252-2315 mariamocheltree@colliergov.net ❑ Brandy Otero Transit 1 252-5859 brandyotero@colliergov.net .5o r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collieraov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34,104 (239) 252-2400 • ❑ firandl Pollard Utility Impact fees 252-6237 brandippilard,@colliergov.net Fred Reischl, AICP Zoning Services 252-4211 fredreischl@coiliergov.net ❑ Stacy Revay, Transportation Pathways 2$2-5677 stacyrevay@colliergov.net ❑ Brett Rosenblum, P.E. Utility Plan Review 252-2905 brettrosenbium@coiliergov.net ❑ Michael Sawyer Zoning Services 252-2926 michaelsawyer@coiliergov.net ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net ❑ Chris Scott, AICP Planning and Zoning 252-2460 chrisscott@coiiiergov,net ❑ Daniel Smith, AICP Landscape Review 252-4312 danielsmith@colliergov.net ❑ Ellen Summers Planning and Zoning 252-1032 EilenSummers@coiliergov.net Scott Stone Assistant County Attorney 252-8400 scottstone@collie!gov.net ❑ Mark Strain Hearing ExaminerJCCPC 252-4446 markstrain@colliergov.net ❑ Kris VanLengen Utility Planning 252.5366 krisvanlengen@colliergov.net ❑ Jon Walsh Building Review 252-2962 jonathanwalsh@colliergov.net ❑ David Weeks, AICP Future Land Use Consistency 252-2306 davidweeks@colliergov.net ❑ Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergownet ❑ Christine Willoughby Planning and Zoning 252-5748 ChristineWilloughby@colliergov.net Additional Attendee Contact Information: Name Representing Phone Email Je v'/Y C c 0 • 0 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierizov.net �r County Notes 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 f Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.collieFgov.net (239) 252-2400 FAX: (239) 252-6358 • PAIMARY CRI MR1A The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, It must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. I. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical mufti -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an • adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) 6/3/2014 • Page 4 of 7 f�ei County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 • www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 SECONDARY CRrMRjA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) S. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (if seagrass beds are present, compliance with LDC subsection 5.03.061 must be demonstrated.) • 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) • 6/3/2014 Page 5 of 7 C(Ar County COLDER COUNTY GOVERNMENT 28W NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34100 www.colllergov.net (239) 252-24011 FAX:1239) 2526358 Pre -Application Meeting and Onal Submittal Requirement Checklist for: (d Dock Extension ❑ Boathouse Chapter 3 B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and I L] Time or application submetal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW a OF REQUIRED NOT COPIES REQUIRED Completed Application (download current form from County website) Signed and Sealed Survey (am ki ❑ Chart of Site Waterway 1 She Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip -rap revetment); • Configuration, location, and dimensions of existing and proposed (e ❑ ❑ facility; ,4i • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. Affidavit of Authorization signed and notarized 1 ❑ Completed Addressing Checklist 1 ❑ Electronic copy of all required documents 'Please advise: The Office of the Hearing Examiner requires all materials 1 2 / El to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. • 6/3/2014 • Page 6 of 7 • • county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-5358 PLANNERS — INDICATE IF THE PETITION NEEDS TO RE ROUTED TO THE FOLLOWING REVIEWERS: ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director Enviironmental Review: See Pre -Application Meeting Sign -in Sheet Addressing: Annis Moxam 'Graph i,cs4Mw1aw,8dmftrre -F G ❑ City of Naples: Robin Singer, Planning Director ❑ Historical Review ❑ Comprehensive Planning: See Pre -Application Meeting Sign -In Sheet ❑ Immokalee Water/Sewer District: nservancy of SWFL: Nichole Ryan Parks and Recreation: Vicky Ahmad County Attorney's Office: Heidi Ashton-Cicko Transportation Pathways: Stacey Revay ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ School District (Residential Components): Amy Heartlock Engineering: AlisoP4WWfvT0 Transportation Planning: John Podczerwinsky ❑ Other: 0.1 Utilities Engineering: Kris VanLengen FEE REQUIREMENTS: ❑ Boat Dock Extension Petition; $1,500.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner: $925.00 ❑ An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Signature of Petitioner or Agent 6/3/2014 Date Page 7 of 7 i COLDER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34.04 www.collieMov.net (239) 252-2400 FAX (239) 252-5710 77 Please complete the following and email to GMO_Addressing@colliergov.net or talc to the Operations Division at 239-25.2-5724 or submit in person to the Addressing Section at the above address. Foran must be signed by Not all items will apply to every project Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) BI_ (Blasting Permit) Q BD Extension) ❑ SDP (Site Development Plan) (Boat Dods [] SDPA (SDP Amendment) ❑ CamivallCiraus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Pion) ❑ EXP (Excavation Permit) ❑ SIN (insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑SNC(Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) SOUTHPORT ON THE BAY UNIT ONE LOT 88 S b j i h K,> Z FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 74435007604 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 181 Topanga Drive, Naples, FL 34134 LOCATION MAP must be attached showing exact location of projectisite in relation to nearest public road right- of-way e SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME ffapplicable) Fabrimi Single Family Dock PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (d applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projectsJsites only) • SDP - or AR or PL # Cro�,tier C ou�vcty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT • www.collierizov.net 2000 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34304 (239) 252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, godominium docuM2nts (if application. indicate whether proposed or existing) Please Return Approved ChecAist By: ❑ Email Q Fax (] Personally picked up Applicant Name: Ezio Fabrizi Phone: EmaidFax: ezio@distinctivedevelopmentgroup.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. • FOR STAFF USE ONLY Folio Number -7L(L43S- 00-) to o `y Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Updated by: r Date: c01 • IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED �', an xt^RR ?P R x xx�P�-ga Aigxs� x. A 1S S? T9 5+.4%3 A K � �.., s ,, y ,, � AF SSR 2c F.'. k YRF b�f p4 f4R�. �IRRQk,RFB�yRp Rp�1P4K �R�xMAe n`,�, `tlSm�.td4�pi' NNS m TO C"— .TMA, MS n A FAQ [: THE ("'k 'o m 4, A, *MT W TO NM AM"" BV AEf"W.CE a, O"AW NO, M-41 K TM =MTV R C U". ROMA.. Ab*"M A W u. X° rti ATTEST MAMAN COLLIER COUNTY, FLORIDA COMMUMTY DEVEtAPMENT DIVISION ON 48S RNC ZSE.SEC(S) B NO 1J2 CLEW yew MAP NUMBER: �T 850TN • STATE OF FLORIDA N L� — w , X '•E SMECT �f PROPERLY _ 4- )0 T PA COLLIER COUNTY SITE ADDRESS: 0181 TOPANGA DR BONITASPRING$, FL 34134 KEY WEST weq NOTES: o THESE DRAWINGS ARE FOR PERMITTING PURP AND ARE NOT INTENDED FOR CONSTRUCTION oALL DOCK FACILDIES, REGARDLESS OF LENGTI PROTRUSION SHALL HAVE REFLECTORS AND HOl__ NO LESS THAN FOUR (4) INCHES IN HEIGHT, INSTALLED AT THE OUTERMOST END ON BOTH SIDES. o LATITUDE N 26' 19 45.904' o LONGITUDE: W81°5027.504' VICINITY MAP COUNTY AERIAL ToNall & Associates, bc, FA B R I Z I DOCK Mabe¢ @ Env mnm¢nbl CRnsul6Rg 3584EaehaugeAve. Napla, R.34I043732 LOCATION MAP i SHIP -as RIPARIAN LINE CONSERVATION� EASFMFNT a�,53 SITE ADDRESS: 181 TOPANGA DR m BONITASPRINGS• FL 34134 n � T� Ml , fir IJ Svp 16, 1 , �1 zzS 3h F ` , VAir !Turrell,Hall&Aacks,luc, FABRIZI DOCK j Mario¢ & EnuironmeniW CoasWiWg 7s84Ec<IungcAve_Nayks,FL341041712 EXISTING AERIAL WITH LOT DIMENSIONS 0 20 40 80� JCAL'f7N'FfE? Of •.wwnAlsnulwnEXeaxlsXEnXPvsoroulw • S1NfYwJRIE$YOF. 9Xf�NM06WOCp,IXt' EUFrtY041F0 WN611 �N511CANfpWFO6XgX3XE PRxIik IOt4 • rusrxoamxurtXsmcruu�wrxus o • IYbMEFWAiWMAY.IIw:ro NlwWvµ 111 . 1WiwuXt LLWpArop py uNnuror wr CFSM.tlT A 1. IW N4rt A RNYo4fAIl1Y PUY•9Br'. 9Y 1 fY1 gyll A�IYUIR tAFAI@ IHBM 1. 5tlltl: Ilgl 1. SECTION -00 TOWNSHIP -40S RANGE -ME PROPERTY LINE & MHWL PROPOSED FIXED DOCKS PROPOSE D� S626ck 9' 4 PROPOSED RAILING CONSERVATION EASEMENT —r— � 11&SEIXUWINGSAAf f4APFAMIiIW WAYJSESONlY A4p DATUM AT MWN %EEFEON6 REFER IYSE. � ALL Y COURTESY XEAEIXV IS AEFEAfIMFDiOMLW SUNEYtWAATEVOF. 9AW61n06W0W,IK' yJAVEME0. W11W11 .�Awucwrawl+EosNorauxWrxlEt Ina w AR FNAY.H10YMf111 iNAUDATU utwtmvp afa MxWlNewp w niWWSIWmMAtFRe1n.Y:rtfa VWasEk � lOSumvWAl mlElwast ■ roruHmiWdalARDMmowWnw W fid„ Tulnl�Hall&Assceiais, lacFA B R I Z I DOCK W*By " cnm 1 lmW 11KI I.ManceBNmaC4ceWDg 3584 hchAvmpe30'42, PROPOSED SITE ' tPL�. f�IDda0NPh8lYCSld,Do WP( 649166 v¢I2391MAR --- GECTION-48 TOWNSHIP -ala MNGE-ME = PROPOSED MANGROVE TRIMMING PROPOSED FIXED DOCKS gF�Lk PROPERTY LINE 8 MHWL PROPOSED MANGROVE TRIMMING APPROXIMATELY 47 SQ. FT. T T T t t t -- T__�_T_ 5' EXISTING + + + + + } } + } } + VEGETATION LINE + + + + + + + + + + + + + + + + + + + + 18 + v + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + \* + + + + + + + + + + + + + + + +\'� + + + + N + + + + + + + + + + + + + + + + + + + + + + PROPOSED MANGROVE TRIMMING+ + } } } } } } } + } } + + APPROXIMATELY 115 Sq. FT. I + + + + + + + + + + + + + + + + NOTES: + + + + + + + + + + + + + + + + rNEYCA4VftGE NOT ED FOR0DNSW NG%IAFJ56p{rNp A LIAMSHOANflEFE NSIPoRMrvIIED � NIWNMLIpANNEFEIX115AEEEffNiP1pLLW + + + + r + + +CONtERVArIOt4F + + + + + WTED °"0"°,"` ItnN FEYDA + + +A�ttCW WEDsxOAELNEIf3W1fR � + + + EASEMENT + + + + + + • MUSH NATEIxTENs,A TOUIEIWYx6'I. A + / TXDA WxTExrvxr.wrWTouxn lx°xxY ns + j/ 4,: + + + + + + + + + + + ¶°PLinwlniwMunk as 3 �+ + + + + + + + } N WlNI u .Y AAWGSEoOYEhWxTFAsnaCIEfQIN9xsi} e + / + + + + + + + + TOT4 OVEAWARASSApONAF�114o ■ TOTu4AORNU$ M FAONNML p + + + + + + + + + + + Turrell Hall Associal¢s lac, FA B R I Z I D O C K A " A UDFIER FU l'o qY x Po11 SSI, F �]PEFrvU MaooedEn ronm¢nelCo]sulfing mre„ . 3SMExehWAva NaplkFL3w3732 PROPOSED TRIMMING WFIN � � ` WAEIIp: aaW x dam PEdIeIll91G3SIFF FII TOVMSHIG-18A RANOE35E • CONSERVATIONI oSRTION A -A n s EASEMENT LINE PROPOSED FIXED 'Oav w ACCESS WALKWAY 35' FROM PROPERTY LINE & MHWL 35' 4'—w — 14' BOAT LIFT ---I-- 4' ALL PILES TO BE WRAPPED FROM 6" BELOW SUBSTRATE TO 120 ABOVE MHW PROPOSED FIXED DOCK ^Hw 0.9 (MVD 9) .II.I— MLW-0.59 (NAVD'88) J—..—. 5 II • 9&wYCWA1E5Y Cf'. 9WCfl1g6XW0.1F NFYTME0'. WA'.SII nWIN,NMfflAT5gAF ,Nk fMI CTURE4WX 0 WWENNnIfA51WtNA (I ) • wnnovwnnAwnv,uxwrowxtwval. m 1WNM. N"17 + fnwlA+wp ax + wAW'I�uwp Mp Mann¢&EoviromnentalCZhing 3584Euhmge Ave Napka,FL341843732 . IRaosfSahawemstRxnx,EpwxuY n • rotuWEAruAmsmucnraWAesR Na tOfN RAIIXIaNNR0.Y1NMt u TuDell, Han & ASSOCI3kS, )bC, FA B R I Z I DOCK.. I. wW 7 A #wYJRAXFW&M'fY N"17 Mann¢&EoviromnentalCZhing 3584Euhmge Ave Napka,FL341843732 CROSS SECTION aw New NGN fM1: MP 841fE6[°WBI Rmr.(N)6414166 Fu:(279(64M632 SECTION -W TOWNSHIP -005 RANGE -25E 0 0 YO40 SRS TRANSECTS, 10' APART 7 \ OYSTER DEBRIS \ \ \ \ APPROX,10' \ FROM MHWL PROPERTY LINE Tertell,Hall&AgW'WeS`bC. FABRIZI DOC Mance@EDYironmenh CooSi g Js84EtMNgeAerra�«tti»loKlnt SUBMERGED RESOURCE SURVEY . r. -;;a Ph=(D9)6690166 Fa: ID91"I TRM'SECTS WERE SWAM TO IDEMIF Y AND LOCATE ANY SUBMERGED RESOURCES 20DFEET OFTHE PROIECTAREA SUPrEYf 9M-0SIIq 61Y0ll CONSERVATION N+RKVn�09gAGWEuWGX EASEMENT Nw,niu a M1110FWFxAYWTmgA" 112mm, .. AWmWF I!' Tertell,Hall&AgW'WeS`bC. FABRIZI DOC Mance@EDYironmenh CooSi g Js84EtMNgeAerra�«tti»loKlnt SUBMERGED RESOURCE SURVEY . r. -;;a Ph=(D9)6690166 Fa: ID91"I TRM'SECTS WERE SWAM TO IDEMIF Y AND LOCATE ANY SUBMERGED RESOURCES 20DFEET OFTHE PROIECTAREA SUPrEYf 9M-0SIIq 61Y0ll saveMADD. MollnCi. N+RKVn�09gAGWEuWGX IDIq Nw,niu a M1110FWFxAYWTmgA" 112mm, .. AWmWF I!' •, NMYINIVDF qI �RW09FDWIXWA1FnsIPoILN�¢INFXsfk :6 mrum�wArtis�mxrtayrvxul. n rorumomuspNrNcuumt u TOWNSHIP.Q$ RPNGE-ZE I PROPERTY LINE&MH r4i �^ I PROPERTY BOUNDARY r TOPANGA Dt4 as 4a 90 60 � 4cuecxrtr CONSERVATION EASEMENT NOTES. 11CSE [pAPoNfS NQ fCR GEAMRmYu WAN W FS IXILY A MFXOf NIafIDEOAfgNSmULIiQYU9E • AapA111191gM11FPfGNIEPFLFAEM£DiOMLW w�'cuxrtsvm. vAcornlwew000,Ix� smrEramo, wximn EXa7HG RWAFERMX%REFM nea _ Ep511OFWMWPRA M"TOME�A04 4 - MIWm0EMA1EFWAY.MIMiOMMY IAW%F M1 y. ilpLL p4NM. .��, 4WIN4roK da' MM'!M D U WiMWERMAmR91WL1UAF(A%MSF) . 0 • lOM1xNSRVlA1EPSm:KNPE 1➢P%Sfl . lotxmomus¢xEacMwME. a Tumll,Hd&ksoci&s,bc. FABRIZI DOC � Meuna@Emiroom¢o�l Consulting 3584 ExchangeAve. Napla,Fl.Nl67.3172 DOCKS IN CANAL DIMENSIONS TOWNSHIP -IBS + E FABRIZI RESIDENCE 181 ToPANGA DRivE NAPLES, FL 34134 SUBMERGED RESOURCE SURVEY JANUARY 2017 PREPARED BY: TURRELL, HALL & ASSDCIATESS, INC 3554 EXCHANGE AVENUE, STE B • N"LEs, FL 34104 FABRIZI RESIDENCE SUBMERGED RESOURCE SURVEY JANUARY 26, 2017 1.0 INTRODUCTION The Fabrizi residence and associated proposed docking facility is located at 181 Topanga Drive, identified by Parcel Number 74435007604. The property is located off Topanga Drive just south of Bonita Beach Road, bound to the west by a single-family residential lot, bound to the east by another single-family residential lot, and bound to the north by Little Hickory Bay. The property is located in Section 06, Township 48 South, and Range 25 East. The upland portion of the property is a single-family residence currently under construction. Turrell, Hall & Associates was contracted to provide environmental permitting services and one aspect is the associated Submerged Resource Survey (SRS). This survey will provide planning and review assistance to both owners and agency reviewers in regards to proposed project. The proposed project consists of constructing a single-family dock within a man -altered waterway off Little Hickory Bay. The SRS survey was conducted on January 26, 2017. Light south winds, mostly clear skies, and a high tide resulted in visible access to the entire project area. Surface water conditions on this day were calm which also helped to provide fair environmental conditions for the survey. The water temperature was 72°F. Low tide occurred at 6:27 A.M (-0.5') and high tide occurred at 12:47 P.M (1.7') on the date of the survey. • 2.0 OBJECTIVE The objective of the Submerged Resource Survey was to identify and locate any existing submerged resources within the limits of the proposed dock project or within 200 -feet of the project area. The survey provided onsite environmental information to help determine if the proposed project would impact any existing submerged resources and if so would assist in reconfiguring the proposed dock in order to minimize any impacts. If seagrasses are present within the project area it needs to be determined if the seagrass beds are small in size or if they are part of a large seagrass bed. The general scope of work performed at the site is summarized below. • Turrell, Hall & Associates personnel conducted a site visit and I snorkeled these transects within the proposed project basin and verified the location of any submerged resources. Turrell, Hall & Associates personnel identified submerged resources at the site, estimated the % of coverage, and delineated the approximate limits of any submerged resources observed. • Turrell, Hall & Associates personnel delineated limits via a handheld GPS (Garmin Model 76csx). • Page 1 of 3 FABRIZI RESIDENCE SUBMERGED RESOURCE SURVEY JANUARY 26, 2017 • 3.0 METHODOLOGY Turrell, Hall & Associates biologists intentionally designed the methodology of the SRS to cover the entire property shoreline for the proposed dock installation. The components for this survey included: • Review of aerial photography of survey area • Establish survey transects lines overlaid onto aerials • Physically swim transects, GPS locate limits of submerged resources, and determine approximate percent of coverage • Document and photograph all findings The surveyed area was evaluated systematically by following the established transects spaced approximately 10 -feet apart within the proposed dock footprint as shown on the attached exhibit. The survey was expanded out 200 -feet from the proposed docking facility in order to verify no other resources were within the surrounding waterway. The neighboring properties have existing docks which helped to provide easily identifiable reference markers, such as dock piles which assisted in locating transects and keeping them consistent throughout most of the survey area. • One biologist walked/swam these transects using snorkel equipment where needed within the surveyed area. The other individual assisted with compiling notes and documenting findings on aerials. Located submerged resources were photographed, the approximate percent of coverage was quantified, and the location was delineated on an aerial photo as well as confirmed via handheld GPS (Garmin Model 72H). The biologists used a half meter square quadrant further broken into sections by cordage to make coverage estimates easier. 4.0 RESULTS The substrate found within the surveyed area included two distinct classifications; silt sand with shell debris and just silt/ muck material scattered throughout. These two substrates were found scattered throughout the entire surveyed area. There was also scattered oyster debris along the property shoreline within the mangrove roots. The shoreline consisted of red mangroves and scattered rip -rap both of which provide habitat for numerous fish, crabs, barnacles, and oysters growing on and around the mangrove roots. The majority of the survey area exhibited a silt/muck bottom that was devoid of any aquatic vegetation growth or any types of submerged resources. The lack of any submerged resources is most likely due to the overall water quality within Little Hickory Bay as well as the water clarity not allowing much sunlight penetration. This was most • evident in the deeper water depths. Page 2 of 3 FABRIZI RESIDENCE SUBMERGED RESOURCE SURVEY JANUARY 26, 2017 • Various filamentous algae and macro algae were observed and documented growing along the bottom sediments throughout the survey area. Also observed were numerous fish species during the survey and a list of these species has been prepared and is provided below as Table 1. Table 1 — Observed Fish Species Common Name Scientific Name mangrove snapper Lu yanus griseus sheepshead Archosargus probatocephalus striped mullet Mugil cephalus snook Centrompus undecimalis jack crevalle Caranx hippos 5.0 CONCLUSIONS The submerged resource survey was completed for the entire subject property shoreline and expanded out 200 -feet from the project area which yielded few findings. Barnacles were observed growing on the mangrove roots and existing dock piles on the adjacent • properties. The subject property shoreline consists of mangroves which provide natural cover. This mangrove area was where all the observed fish species were located including: Gray Snapper (Lu Janus griseus), Sheepshead (Archosargus probatocephalus), Stripped Mullet (Mugil cephalus), and a few Common Snooks (Centropomus undecimalis). Negative impacts to submerged resources are not expected with the proposed docking facility installation. is Page 3 of 3 • • 171 FABRIZI RESIDENCE SUBMERGED RESOURCE SURVEY JANUARY 26, 2017 Page 4 of 3 FABRIZI RESIDENCE SUBMERGED RESOURCE SURVEY JANUARY 26, 2017 Page 5 of 3 • • • FABRIZI DOCK 181 ToPANGA DRIVE NAPLES, FL 34134 MARCH 2017 PREPARED BY: >1 *W- TuRRELL,, HALL & ASSOCIATES, INC 3584 EXCHANGE AVENUE, STE B NAPLES, FL 34104 January 19, 2017 Florida Department of Environmental Protection South District Post Office Box 2549 Fort Myers, Florida 33902-2549 .SouihD%stnct deo.siale.flus Ezio Fabrizi 4011 Belair Lane, LLC c/o Turrell, Hall & Associates, Inc. 3584 Exchange Ave Naples, FL 33901 Jeff(ahhanaoles.com File No.: 0349895-001 EG, Collier County Dear Mr. Fabrizi: Rick Scott Governor Carlos Lopez -Canter Lt. Gover* Jonathan P. Steverson Secretary On December 20, 2016, we received your application for an individual permit. On January 18, 2017 you revised your application to a notice of intent to use a General Permit (GP), pursuant to Rule 62-330.427, Florida Administrative Code to perform the following activities: is Construct a 595 square foot single family dock with one (1) boat lift and a maximum of two (2) mooring areas at 181 Topanga Dr, Parcel ID: 74435007604, in Little Hickory Bay, Class III Outstanding Florida Waters, Section 6, Township 48 South, Range 25 East, Collier County. Your intent to use a general permit has been reviewed by Department staff for three types of authorizations: (1) regulatory authorization, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal authorization. The authority for review and the outcomes of the reviews are listed below. Please read each section carefully. Your project did not qualify for the federal review portion of this verification request. Additional authorization must be obtained prior to commencement of the proposed activity. This letter does not relieve you from the responsibility of obtaining other federal, state, or local authorizations that may be required for the activity. Please refer to the specific section(s) dealing with that portion of the review for advice on how to proceed. If you change the project from what you submitted, the authorization(s) granted may no longer be valid at the time of commencement of the project. Please contact us prior to beginning your project if you wish to make any changes. i 1 U File Name: 4011 Belair Lane, LLC File No: 0349895-001 EG Page 2 of 7 is 1. Regulatory Review — APPROVED Based on the forms, drawings, and documents submitted with your notice, it appears that the project meets the requirements for the general Permit under Rule 62-330.427, Florida Administrative Code. Any activities performed under a general permit are subject to general conditions required in Rule 62-330.405, Florida Administrative Code (attached), and the specific conditions of Rule 62-330.427, Florida Administrative Code (attached). Any deviations from these conditions may subject the permittee to enforcement action and possible penalties. Please be advised that the construction phase of the GP must be completed within five years from the date the notice to use the GP was received by the Department. IF you wish continue this GP beyond the expiration date, you must notify the Department at least 30 days before its expiration. Authority for review — Part IV of Chapter 373 of the Florida Statutes, Title 62, Florida Administrative Code, and in accordance with the operating agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, Florida Administrative Code. 2. Proprietary Review — GRANTED • The activity appears to be located on sovereign submerged lands owned by the Board of Trustees. The activity is not exempt from the need to obtain the applicable proprietary authorization. As staff to the Board of Trustees, the Department has reviewed the activity described above, and has determined that the activity qualifies activity qualifies for a letter of consent under Rule 18-21.005(1)(c)2, Florida Administrative Code, and Section 253.77 of the Florida Statutes to construct and use the activity on the specified sovereign submerged lands and as long as the work performed is located within the boundaries as described herein and is consistent with the terms and conditions herein. During this term of this Letter of consent you shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code. If such interest is terminated or the Board of Trustees determines that such interest did not exist on the date of issuance of this Letter of Consent, this Letter of Consent may be terminated by the Board of Trustees at its sole option. If the Board of Trustees terminates this Letter of Consent, you agree not to assert a claim or defense against the Board of Trustees arising out of this Letter of Consent. Special Consent Conditions 1. The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the authorization to use sovereignty submerged lands or the applicant's use and construction of structures on sovereignty submerged lands. This duty to indemnify and hold harmless will • include any and all liabilities that are associated with the structure or activity including File Name: 4011 Belair Lane, LLC File No: 0349895-001 EG Page 3 of 7 special assessments or taxes that are now or in the future assessed against the structure or • activity during the period of the authorization. 2. Failure by the Board of Trustees to enforce any violation of a provision of the authorization or waiver by the Board of Trustees of any provision of the authorization will not invalidate the provision not enforced or waived, nor will the failure to enforce or a waiver prevent the Board of Trustees from enforcing the unenforced or waived provision in the event of a violation of that provision. 3. Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board of Trustees after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty (30) days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization. 4. All costs incurred by the Board of Trustees in enforcing the terms and conditions of the authorization will be paid by the applicant. Any notice required by law will be made by certified mail at the address shown on page one of the authorization. The applicant will notify the Board of Trustees in writing of any change of address at least ten days before the change becomes effective. 5. This authorization does not allow any activity prohibited in a conservation easement or is restrictive covenant that prohibits the activity. General Conditions for Authorizations for Activities All authorizations granted by rule or in writing under Rule 18-21.005, F.A.C., except those for geophysical testing, shall be subject to the general conditions as set forth in paragraphs (a) through (i) below. The general conditions shall be part of all authorizations under this chapter, shall be binding upon the grantee, and shall be enforceable under Chapter 253 or 258, Part Il, F.S. (a) Authorizations are valid only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use shall constitute a violation. Violation of the authorization shall result in suspension or revocation of the grantee's use of the sovereignty submerged land unless cured to the satisfaction of the Board. (b) Authorizations convey no title to sovereignty submerged land or water column, nor do they constitute recognition or acknowledgment of any other person's title to such land or water. (c) Authorizations may be modified, suspended or revoked in accordance with their terms or the remedies provided in Sections 253.04 and 258.46, F.S., or Chapter 18-14, F.A.C. • File Name: 4011 Belair Lane, LLC File No: 0349895-001 EG Page 4 of 7 0(d) Structures or activities shall be constructed and used to avoid or minimize adverse impacts to sovereignty submerged lands and resources. (e) Construction, use, or operation of the structure or activity shall not adversely affect any species which is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.C. (f) Structures or activities shall not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity shall be modified in accordance with the court's decision. (g) Structures or activities shall not create a navigational hazard. (h) Structures shall be maintained in a functional condition and shall be repaired or removed if they become dilapidated to such an extent that they are no longer functional. This shall not be construed to prohibit the repair or replacement subject to the provisions of Rule 18- 21.005, F.A.C., within one year, of a structure damaged in a discrete event such as a storm, flood, accident, or fire. Structures or activities shall be constructed, operated, and maintained solely for water dependent purposes, or for non -water dependent activities. • 3. Federal (SPGP) Review — NOT APPROVED Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a separate permit or authorization may be required from the Corps. A copy of your application has been forwarded to the Corps for their review. The Corps has assigned Erin Campbell to your project. The Corps will issue their authorization directly to you or contact you if additional information is needed. If you have not heard from the Corps within 30 days from the date your application was received at the local FDEP Office, contact the Corps at the Fort Myers Regulatory Field Office at (239) 334-1975 for status and further information. Failure to obtain Corps authorization prior to construction could subject you to federal enforcement action by that agency. Authority for review — an agreement with the USACOE entitled "Coordination Agreement Between the U.S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection, or Duly Authorized Designee, State Programmatic General Permit," Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act. Additional Information Please retain this general permit. The activities may be inspected by authorized state personnel in the future to ensure compliance with appropriate statutes and administrative codes. If the File Name: 4011 Belair Lane, LLC File No: 0349895-001 EG Page 5 of 7 activities are not in compliance, you may be subject to penalties under Chapter 373, Florida • Statutes, and Chapter 18-14, Florida Administrative Code. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application. Petition for Administrative Hearing A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-106.201, F.A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, any email address, any facsimile number, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; • and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any File Name: 4011 Belair Lane, LLC File No: 0349895-001 EG Page 6 of 7 • persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may fide a petition within 21 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension oftime must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or by e- mail at Aeencv clerk(n.deo.state.fl.us before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. • Mediation Mediation is not available in this proceeding. FLAWAC Review The applicant, or any party within the meaning of Section 373.114(])(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department. Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the 0 File Name: 4011 Belav Lace, LLC File No: 0349895-001 EG Page 7 of 7 appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from • the date this action is filed with the Clerk of the Department. Thank you for applying to the Submerged Lands and Environmental Resource Permit Program. If you have any questions regarding this matter, please contact Tim Steeves by telephone at (239) 344-5681 or by e-mail at Tim SteevesAdeo.state.fl.us. When referring to this project, please reference the file number listed above. Executed in Lee County, Florida STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Sincerely, Meg ills Permitting Program Administrator South District Enclosures: • 6 Project drawings 62-330.405, Florida Administrative Code 62-330.427, Florida Administrative Code Copies furnished to: U.S. Army Corps of Engineers, Fort Myers fdosoggausace.armv mil CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this document and authorization to use sovereignty submerged lands, including all copies, was mailed before the close of business on January 19. 2017 to the above listed person(s). FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52(7), F.S., with the designated Department clerk, receipt of which is hereby acknowledged. January 19.2017 Clerk Date 49 STATE OF FLORIDA cw%wam 141 KEY WEST .e AA COLLIER COUNTY SITE ADDRESS: Defeat 0181 TOPANGA DR de °je NAPLES, FL 94134 t� e e i Peat RtDe6u ° 074989591 EG NOTES: o THESE DRAWINGS ARE FOR PERMITTING PURI R SabN= a AND ARE NOT INTENDED FOR CONSTRUCTION e FertRpr � o LATITUDE: N 2601945.904' °e e�° ej oLONGITUDE: W81°50'27.504" entH Pt VICINITY MAP COUNTY AERIAL Turrell Hall & AssCCiates IDC. MIRED A ; Manno&EmimnmmIC9owfing FABF?IZI �OCK 3684EnthaaBt Ave. Naple FL341no 3132 LOCATION s�nw.: oiam s. --- 5 x x I , 1 y j 3 I j r` I j 1 5 v 1 h� I 5 IC Rqk§ xa x 1 C . �� Nun I 0 40 o® � ,� 1$• 1E1Sf7N4YF( 4' D°Dnrs� PROPOSED FIXED CKS �4ck e 1° °Or 45+ PROPO DRAILING ° hmimm1" 034W41 EG e° FatMym 0 n 390 N APPROXIMATE �3 MLW APPROXIMATE i'. -- MHW EXISTING VEGETATION LINE PROPOSED RA III G CONSERVATION O • ¶I$[IYNIryWr't W FOR PERI.. R.Rt 5 MY AW EASEMENT o N"°n a °oronw I_, � . llwEvww�savoF 'airMfC - surhrwrto amnl • wttwvnawxosNoanaciAvmui uaaA ' �� WSANa0Y0.WA1kA 61PLCM1W£IAroF3F� o �� NAAIppWARTYAv 1AM'iONYW(64p 10 10AINPR \V - 10.WromP roar Nxxlwwk roar EXISTING VEGETATION LINE worc¢oaaw"asncNrtANnsFl su • i01N An1Mpfn51AUONAElAwA5P1 !!I • lnfµPApinUagNrngINIML 11 T3ureV,Hall&Associates ]roe, FAB RIf I DOC K M®ne4Enva�coalCmDuNmg ta., A . PR SED LINE IKKI I. 1Sa4Exchm Arc. N a,FLN104fl32 IMl roar, n m&om mn PErocI2Hl64 166 Fo:(119�Ni661tAmm _ Tovmerlro.ue o.unc,.e APPROXIMATE MLW APPROXIMATE MHW 61 F7 =PROPOSED MANGROVE TRIMMING PROPOSED FIXED DOCKS + 1+ } + + + + + + +1+ + + + +�F�� + +\ + *+ + + } + + +�� + + + N + + + + + + + + + + �1 PROPOSED MANGROVURIMMING + 1 + + APPROXIMATELY V94FT, + + 4- + + it + +/4--4� GONSERVNRON EASEMENT + EXISTING VEGETATION LINE �-k + + + + tme IMA S..eiaf�,I9c. FABRIZI SOCK Marice @ Eovvonmmpl Comvllmg E EAn.. Nspks,R,k W3732 PROPOSED TRIMMING P4oAccJl79)61}OIh6 Fu:p7916f166R EXISTING VEGETATION LINE i �asewAiaxosAaErwrrrgWmMc wwoaaontrA4p AAFMMIMRHFDWRtG51RKigNl6F VAMEYM9lliyop EJp S ATAE WMSiMfA1�Y0i. ]IpMEE' a W vim, ."wx¢WnpmFDsxwEtnelewzul ,eul • NpMpljt$ Y,MNMMMIryI IA�iKt IB6 hMT1M Ery "[40 It - WMti CM WAf IMP(QEOQ.TR "NARASiAUCNgE AwNSFj I514 " • 14TILPRAWAIEAEIPLCNAE AVW E{� I 31 • OIµgp1NJ5Ry iINMMIMt 11 TOYM811P•411S R&W&ME SECTION A -A an S609NMT — 54' — 30' 6' 14' BOAT LIFT --{. 4p 30' PROTRUSION FROM MHWL PROPOSED FIXED / ACCESS WALKWAY 0 I PROPOSED FIXED DOCK M n —L — MNwo.oayNaw'ael— — ALL PILES TO BE WRAPPED FROM F BELOW SUBSTRATE TO IF ABOVE MHW e `~ i, ►Re,eter�ar � e�asa9smt � ; i v o ,a �httN'd 5 TuJr61�Hai&Assceiates,lac. FABR I DOCKE F �� Matioc@Eo roamenb Consufing Ni ,% 3sMExchage An. Nepks,F1,74104J732 CTION� „%� xnw: %no aID h%',Ill91N301fi6 PY:N9fEgti6Ji...._.....e.....__....._.___-... ..Y..... __ ,riitc epovx%r ,xu o,emix nr im a% wu ' ICNS�MFx S[1 %6 RE�Sir %! 62-330.405 General Conditions for All Noticed General Permits. • (1) The terms, conditions, requirements, limitations, and restrictions set forth in this section are general permit conditions and are binding upon the permittee for all noticed general permits in this chapter. These conditions are enforceable under Part IV of Chapter 373, F.S. (2) The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the conditions for undertaking that activity shall constitute a violation of the permit. A violation of the permit is a violation of Part IV of Chapter 373, F.S., and may result in suspension or revocation of the permittees right to conduct such activity under the general permit. The Department also may begin legal proceedings seeking penalties or other remedies as provided by law for any violation of these conditions. (3) This general permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any construction, alteration, operation, maintenance, removal or abandonment authorized by this permit. (4) This general permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the general permit. (5) The general permit does not relieve the permittee from liability and penalties when the permitted activity causes harm or injury to: human health or welfare; animal, plant or aquatic life; or property. It does not allow the permittee to cause pollution in contravention of Florida Statutes and Department rules. (6) The permittee is hereby advised that Section 253.77, F.S., states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or • other lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands. (7) The authorization to conduct activities pursuant to a general permit may be modified, suspended or revoked in accordance with Chapter 120 and Section 373.429, F.S. (8) This permit shall not be transferred to a third party except pursuant to Rule 62-343.130, F.A.C., or, for activities within the geographical area of the Northwest Florida Water Management District, Rule 62-346.130, F.A.C. The permittee transferring the general permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located. (9) Upon reasonable notice to the permittee, Department staff with proper identification shall have permission to enter, inspect, sample and test the permitted system to insure conformity with the plans and specifications approved by the permit. (10) The permittee shall maintain any permitted system in accordance with the plans submitted to the Department and authorized in this general permit. (11) A permitee's right to conduct a specific noticed activity under this noticed general permit is authorized for a duration of five years. (12) Construction, alteration, operation, maintenance, removal and abandonment approved by this general permit shall be conducted in a manner which does not cause violations of state • water quality standards, including any antidegradation provisions of paragraphs 62-4.242(1)(a) and (b), subsections 62-4.242(2) and (3) and Rule 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters. The permittee shall • implement best management practices for erosion, turbidity, and other pollution control to prevent violation of state water quality standards. Temporary erosion control measures such as sodding, mulching, and seeding shall be implemented and shall be maintained on all erodible ground areas prior to and during construction. Permanent erosion control measures such as sodding and planting of wetland species shall be completed within seven days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into wetlands and other surface waters exists due to the permitted activity. Turbidity barriers shall remain in place and shall be maintained in a functional condition at all locations until construction is completed and soils are stabilized and vegetation has been established. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. (13) The permittee shall hold and save the Department harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the general permit. (14) The permittee shall immediately notify the Department in writing of any previously submitted information that is later discovered to be inaccurate. Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.044, 373.406(5), 373.118(1), 373.129, 373.136, 373.413, 373.414(9), 373.4145, 373.416, 373.422, 373.423, 373.429 FS. History -New 10-3-95, Amended 10-1- 07. • 0 62-330.427 General Permit for Certain Piers and Associated Structures. •(1) A general permit is granted to any person to construct, extend, or remove piers and associated structures as described below: (a) Single-family piers, along with boat lifts, boat houses, terminal platforms, and gazebos attached to the pier, where these structures: 1. Do not accommodate the mooring of more than two water craft; 2. Do not, together with existing structures, exceed a total area of 2,000 square feet; and 3. Have a minimum depth of two feet below the mean low water level for tidal waters and two feet below the mean annual low water level for non -tidal waters for all areas designed for boat mooring and navigational access; and (b) Public fishing piers that do not exceed a total area of 2,000 square feet provided the structure is designed and built to discourage boat mooring by elevating the fishing pier to a minimum height of five feet above mean high water or ordinary high water, surrounding the pier with handrails, and installing and maintaining signs that state "No Boat Mooring Allowed." (2) This general permit shall be subject to the following specific conditions: (a) Construction or extension of the boat house, boat shelter, boat lift, gazebo, boat mooring locations, or terminal platforms, shall not occur over submerged grassbeds, coral communities or wetlands. However, the access walkway portion of the pier may traverse these resources provided it is elevated a minimum of five feet above mean high water or ordinary high water, contains handrails that are maintained in such a manner • as to prevent use of the access walkways for boat mooring or access, and does not exceed a width of six feet, or a width of four feet in Aquatic Preserves; (b) There shall be no living quarters, or other structures enclosed by walls or doors on all sides; (c) There shall be no fish cleaning facilities, boat repair facilities or equipment, or fueling facilities on the structures authorized by this general permit. In addition, no overboard discharges of trash, human or animal waste, or fuel shall occur from any structures authorized by this general permit; and (d) This general permit shall not authorize the construction of more than one pier per parcel of land or individual lot. For the purposes of this general permit, multi -family living complexes shall be treated as one parcel of property regardless of the legal division of ownership or control of the associated property. Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426, 403.814(1) FS. History -New 10-3-95, Formerly 62- 341.427, Amended 10-1-13. 0 0 CONSERVATION EASEMENT • 01434683 ase NOV 29 Ft 2. 59 D=jAR,C( gERVATIONWWOWROED STATE OF FLORIDA ) ) SS. cotwTY OF COLLIER ) om_ 0 KNOW ALL MEN BY THESE PRESENTS that for and in consideration INT —of issuance of State of Florida Department of Environmental jND.,._.--Regulation Permits Numbered 111501035 and 111703005 in the name ofca SOUTHPORT veNTURE ASSOCIATES, a general partnership and other good= and valuable considerations, the receipt of which is herebypo cn acknowledged, SOUTHPORT VENTURE ASSOCIATES, a general partnership,= ,r 1"Grantor") has bargained, sold, conveyed and granted to the STATE to tir FLORIDA DEPARTMENT OF E1VIR0W0ffA16 REGULATION ('Grantee"), 7451 Golf Course Boulevard, Punta Gorda, Florida 33950-9359, a non- sxclusive conservation easement in accordance with Section 704-06, Florida Statues (1985). in and over the reel property located in +:ollier county, Florida and described on the attached Exhibit 'A-. 1. This Easement conveys to Grantee a perpetual non-exclusive interest in the property, consisting of the following affirmative and negative covenants on the part of the Grantor and Grantor's successors and assigns: c a. No construction or placing of buildings, roads, signs cQa billboards or other adverti 'ngT-nt as or other structures any kind whatsoever on the property, shall cy undertaken without p t tes- b. Na d acing of her substance whatsoever or placing of trash, unsightly or nffensive mat i the property. c. No rem a ction of native t as, hrubs, or other veget tion n rope d. N eac vation, dre o removal of loam, at, gravel, $oil, roc or r t as t affect the surf a on e Y e. all ac use pt fa t t rmi the land or crater aree n p n tl a nate 1 on bion on the • property. f. tivities detriumental to ainag . f control, water me water conservation, ater qua erosion rontrol, so ervation or fish or w' e i servation on the pr r g. No a or Sem detrimental to such of land or water area on t ty• It. Grantor a n 11 maintain the described real props on. of Provided. however.. event shall not preclude the following specific activities from being undertaken on the subject property as authorised pursuant to the above referenced Permits Numbered 111501035 and 111703805. q M a. The placement, construction and maintenance of romps and walkways for access and single family boat docks for property X09 .p owners and associations of such property owners within the aE a Southport on the Bay subdivision, provided such access ramps or HwM walkways do not exceed 4' in width. om"ow El. Maintenance of mangroves located adjacent to residential m+� lots within Southport on the Bay Subdivision provided such 'moa mangroves may not be trimmed to a height of less than ten )10) nsm of a�° fest. C. Grantor retains and reserves the use of the property for agoany and all purposes which do not interfere with and prevent the m.es. uses herein granted to the Grantee. n01575 1100994 • OR BOOK PAGE 3. In the event of violation of any covenant contained In chis Conservation Easement, Grantee shall be entitied to pursue all available legal and equitable remedies, Including injunction. 4. Grantee may, In its sole discretion, transfer its rights +.tinder this Basement to such other state or local agency or to a private Falsoprovided ts alltto the onservationndpreervationofland in inaturstaee. It Is understood that the granting of this Conservation Casement entitles the Grantee or its authorised representatives to enter the above described land in a reasonable manner and at reasonable times to assure compliance. The Grantor on behalf of itself and its successors or assigns hereby agrees to bear all coats and liability relating to the operation and maintenance of the land subject to this Conservation easement in the natural 'vegetative and hydrologic condition existing at the time of execution of this Conservation Basement, including the maintenance of enhanced or created wetlands in the vegetative and hydrologic condi a aired by the aforementioned permit, and Grantor doe i and hold harmless the Urantes from same. t a a hereby granted and the obligation } i land forever predosinantly in a and tion as herein specified shaI the land and al upon the Grantor and a moors and assigns, and re to the benefit of t e and its successors and gns. Grantor= SOUTHPORT VENTURE ASSOCIATES, a New Jersey general partnership By: Orion Marketing, Inc., a general artner s witness By. itneaa xeanet uc n, Its Presi nt Received E ^^C;ra:s:ary S;amr' Tav, The t s a nditions s Co rvation Bas nt map be enforced the ran njunct ve i and of r ropriate available r em, and an consents that ue or ouch enforceme i 11 xc the ci uit ourt of the Seco J da. In any enforcese t ac on in c t G r is as all be • entitled to co er r an e trial a Is e c s a t f a d is in the o f c t f storing the land e 1 g a i and to ndition existing a Con o a nt or to the ive and hydrologic dition re by the aforementi rmits- These ratnedie re ad to any other reme Z e or penalty which may 1 ab r Chapter 403, Flori tae. Any fo on behalf of the Gra o excise its rights in the the failure ^f Grantor y with the provisions of h a rvation Eaa;ement deemed or construed to be ae Grant rounder in the event of any subs t n comply- Grant of IN wITNEGS WHEREOF, erbi execute this Conservation Easement on the a above written. Grantor= SOUTHPORT VENTURE ASSOCIATES, a New Jersey general partnership By: Orion Marketing, Inc., a general artner s witness By. itneaa xeanet uc n, Its Presi nt Received E ^^C;ra:s:ary S;amr' Tav, no 1 515 000995 OR BOOK PAGE • STATE OF FLORIDA ) ) SS. COUNTY OF COLLIER ) The foregoing inatrnaent was acknowledged before me by Kenneth J. Gluckman, as President of Orion Marketing, Inc., a general partner of Southport Venture Ansociatee this `Pi day .vf !1/Al�,6aQE1t. , 1990. m' CWS*.' ON cow"$ i ta,�nnaueasiat�s.u�. 1s�T�, � ". - — Notary Public Accepted: By,� Ved,, if $ 9`f% , 1990 By: bd" 1990 0 STATE OF FLOR ) COUNTY OF IE The ore Ing Inst nt ackno ledged fo re by Philip R. Edea de X'-XAKKXKXXXz xxxxxxxx x is 28th day of My Commis ion i ea, :'-i. S's •.� jai 0 . ,;.... • L'• � ow . V -V - This Instrument Prepared `► George L. Coneoer, Jr., $aq. HU OMEY is Yaon, P.A. 1625 Hendry street Port flyers, Florida 33901 Mull MAN Legal boseripties of Qoaeervattea sassseet All of that eartak property Aesienatel as Coneerration L~sent Area (O.s.) arae tba plat of ssatkport a• the Say, Dalt Ole, ae reeord" at plot Seek 15, taps $1 — 531 and tke Plat of toatbtert on chs Say, 0nit Two as reeer" at Plat look 19, Pates 100 — 101, beth neootiea is the PabLle lbeeerAe of astlier County, Florida. AR C.Otj. 1 •Qui 3y 0 e Gs a � o Cb 40 y � Ln t r•• 1 RESTORATION PLAN J RESTORATION PLAN 181 Topanga Drive Folio ID #74435007604 S 06 / T 48S / R 25, Collier County, FL I. INTRODUCTION Collier County Environmental staff are currently reviewing an application for a docking facility located at 181 Topanga Drive, submitted by Turrell, Hall & Associates, Inc. The County's review determined that the existing Conservation Easement area along the property shoreline will require some restoration plantings due to open areas that have been impacted with fill. This work within the easement area was not authorized therefore Collier County staff are requiring that the Conservation Easement area be restored to natural conditions by removing fill and planting the area with native shrubs and groundcover. The property is identified on the property appraiser's website as 74435007604, which is approximately 0.24 acre lot situated within Section 06, Township 48 South, and Range 25 East, Collier County, Florida. This document outlines the restoration plan for the onsite Conservation Easement area. :7 II. EXISTING CONDITIONS: HABITAT & SOIL DESCRIPTIONS • The subject site consists of 0.24 acre dedicated to a single-family residential dwelling with a conservation easement area along the shoreline. The conservation easement area was impacted with the placement of fill material and temporarily placement of construction equipment. The conservation easement area will have to be restored as required by Collier County Environmental Staff. Existing soil is fill placed on the property at the time the residence was constructed. Much of this fill will be removed from the easement area as part of this restoration plan. III. PROPOSED PLANTINGS / RESTORATION The owner is proposing to restore the conservation easement area by removing the fill that was placed there during the construction of the house and creating a consistent slope, from the remaining upland fill area to the existing natural shoreline elevation. This will allow for a very gradual slope and once the fill is removed the proposed plantings outlined below will be installed throughout the easement area. 0 The proposed plantings shall include a minimum of 11 midstory trees on 20' centers consisting of red mangroves and buttonwood trees, which will be placed higher up on the slope to ensure their survival. The groundcover will consist of • 128 plants on 3' centers including leather fern, sea oxeye, and bay cedar which will be located higher up on the slope to help ensure their survival. All species listed should be utilized in even amounts if possible, but exact species numbers could be based on supply availability. Planting specifics are outlined below. Midstory plants: Number of Trees =11 Red Mangrove (Rhyzophora mangle) 6 Buttonwood (Conocarpus erectus) 5 All midstory plantings will be installed on 20ft. centers with a minimum 1-3 gallon pot containers. Groundcover plants: Number of Plants =128 Sea Oxeye (Borrichia frutescens) 78 Bay Cedar (Suriana maritima) 25 Leather Fern (Acrostichum aureum) 25 All groundcover plantings will be installed on 3ft. centers with a minimum 1 • gallon pot containers. Irrigation maybe required for the top half of the easement area due to the distance from the ground water table to help ensure the plantings survival. For the lower half of the easement no irrigation is proposed due to the final elevations of this portion of the conservation easement being connected to the tidal water table which will keep the plantings hydrated naturally. IV. CREDENTIALS Jeff Rogers Project Manager for Turrell, Hall & Associates since 2005 B.S. Degree in Environmental Science, Rollins College Sustainable Development Course -Galapagos Islands, Equador Completed Southwest Florida Association of Environmental Professionals Wetland Delineation Training Course -2006 Florida Department of Environmental Protection Environmental Resource Permit Course -2006 Completed a FAEP Plant ID Class with Dr. Hall from the University of Florida - 2006 Primary career focus: Permit Compliance Mitigation and Monitoring is UPDATED SURVEY 0 SURVEYOR'S NOTES 1. BEARINGS SHOWN HEREON ARE BASED UPON THE REAR SURVEY TIE LINE HAVING A RECORD BEARING OF N53'05'02"E AS SHOWN ON THE PLAT OF RECORD. 2. NO UNDERGROUND IMPROVEMENTS OR FOUNDATIONS WERE LOCATED UNDER THE SCOPE OF THIS SURVEY. LOT 89 3. THIS PARCEL LIES IN FLOOD ZONE 'AE" AS SHOWN ON FEMA FI.R.M. MAP PANEL 12021CO179H, DATED MAY 16, 2012. THIS PARCEL HAS A BASE FLOOD ELEVATION OF 11.0' & 12.0' (NAVD '88). FLOOD ZONE LINES SHOWN HEREON WERE SCALED FROM THE INDICATED FI.R.M. MAP PANEL. 4. BOUNDARY INFORMATION SHOWN HEREON IS BASED UPON THE RECORD PLAT AND LEGAL DESCRIPTION PROVIDED, NO SEARCH OF THE PUBLIC RECORD WAS PERFORMED BY THIS SURVEYOR. THERE MAY BE OTHER SETBACKS AND/OR EASEMENTS NOT KNOWN TO THIS SURVEYOR—.- 5. URVEYOR5. THE STREET ADDRESS IS: 181 TOPANGA DRIVE ' BONITA SPRINGS, FLORIDA 34134 B. ELEVATIONS SHOWN HEREON ARE REFERENCED TO THE NORTH AMERICAN ' VERTICAL DATUM OF 1988 (NAVD '88). ELEVATIONS ARE BASED UPON BENCHMARK "R-4" HAVING A RECORD ELEVATION OF 5.42' NAVD '88. LOT 88, SOUTHPORT ON THE BAY UNIT ONE, AS PER THE RECORD PLAT THEREOF RECORDED IN PLAT BOOK 15, PAGES 51-53, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORID 0 2 LOT 88 0 ^ (UPIAND IMPROVEMENTS NOT SHOWN) 0 MAP OF BOUNDARY SURVEY LEGEND OF LOT 8$ SOUTHPORT BAY I^ Q = FOUND PK WdL AND DISK - ILLEGIBLE .�yON^L �ThE dUNIT �►J��y��/'�1 LY R IN Ste"`•' RA \ VE 25 EAST, NS�1�11�1j�{4 �COUNTY, 10 = BENCHM4RK, SET PK N41L AND DISK - lB 6696' • `•' ` `� "`(�/�/UTT14j 0 = FOUND 5/8' REBAR AND CAP - 'CE7V 5077' /6,r /�y�1 /Iry1' /O''� COLLIER \jOU r 1 j 1WROA = FOUND 5/8' REBAR - NO IDENRFICATWN RADIUS M) ARC M O = FOUND 5/8' REBAR AND CAP - 'PORM A ROWE- ITTI II LiI/NVADV DAV MEAN HIGH WATER UNE L✓1! LLLi �jjCKORl BA '68) Q = FOUND 5/e' REH4R AND CAP - ILLEGIBLE ELEVATION 0.0' (N+w �-) AS LOCATED APRIL 28, 2017 FOUND 4' X 4' CONCRETE MONUMENT WITH RE84R VEGETATIONoA UNE ALUMINUM Q - =FOUND J' X J' CONCRETE MONUMENT WITH ALUMINUM C4P - NO ID A° L4 ($ A Q 0 (M) = FIELD MEASURED DATA L3 CONSERVATION (P) = RECORD PIAT DATA EASEMENT + = SPOT ELEVATION (N40 1988) VEGETATION " .• ,+ 1 � � LINE + o SURVEYOR'S NOTES 1. BEARINGS SHOWN HEREON ARE BASED UPON THE REAR SURVEY TIE LINE HAVING A RECORD BEARING OF N53'05'02"E AS SHOWN ON THE PLAT OF RECORD. 2. NO UNDERGROUND IMPROVEMENTS OR FOUNDATIONS WERE LOCATED UNDER THE SCOPE OF THIS SURVEY. LOT 89 3. THIS PARCEL LIES IN FLOOD ZONE 'AE" AS SHOWN ON FEMA FI.R.M. MAP PANEL 12021CO179H, DATED MAY 16, 2012. THIS PARCEL HAS A BASE FLOOD ELEVATION OF 11.0' & 12.0' (NAVD '88). FLOOD ZONE LINES SHOWN HEREON WERE SCALED FROM THE INDICATED FI.R.M. MAP PANEL. 4. BOUNDARY INFORMATION SHOWN HEREON IS BASED UPON THE RECORD PLAT AND LEGAL DESCRIPTION PROVIDED, NO SEARCH OF THE PUBLIC RECORD WAS PERFORMED BY THIS SURVEYOR. THERE MAY BE OTHER SETBACKS AND/OR EASEMENTS NOT KNOWN TO THIS SURVEYOR—.- 5. URVEYOR5. THE STREET ADDRESS IS: 181 TOPANGA DRIVE ' BONITA SPRINGS, FLORIDA 34134 B. ELEVATIONS SHOWN HEREON ARE REFERENCED TO THE NORTH AMERICAN ' VERTICAL DATUM OF 1988 (NAVD '88). ELEVATIONS ARE BASED UPON BENCHMARK "R-4" HAVING A RECORD ELEVATION OF 5.42' NAVD '88. LOT 88, SOUTHPORT ON THE BAY UNIT ONE, AS PER THE RECORD PLAT THEREOF RECORDED IN PLAT BOOK 15, PAGES 51-53, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORID 0 2 LOT 88 0 ^ (UPIAND IMPROVEMENTS NOT SHOWN) 0 Cl \ ++ j C� 10.0' (P) UTILITY EASEMENT 20.2' ^y� BRICK 1, V71 60' (P) CHT -OF -WAY - BENCHMARK J (` RICHT-OF-WAY- _ ELEV. = 4.04' (Naw gg Ah I Digitally signed by David e David S. S.Dagostm 99 P M Date -2T1•7.05.02 Dagosti 08:08:41 -04'00' € 0 0 0 CURVE TABLE 1 inch = 30 ft. _ N7q• n 0 0 4 � 9 0 0 4 CURVE DELTA (M RADIUS M) ARC M CHORD BEARING M CHORD M C7 12'2944' 230.00' 50.16' N70'2722W 50.06' IIIJJJ 8 C2 3'47'51" 340.00' 22.53' S66'20'JJ"E 22.53' 1a Z CURVE Ci DELTA P 12'28'49" RADIUS P 230.00' ARC P 50.10' CHORD BEARING P N70'36'41'W CHORD P 50.00' LOT 85 00 o C2 J'47'50" 340.00' 22.53' S66'16'12"E 22.53' C LOT 86 C LOT 87 GRAPHIC SCALE 0 15 30 el � IN FEET) Cl \ ++ j C� 10.0' (P) UTILITY EASEMENT 20.2' ^y� BRICK 1, V71 60' (P) CHT -OF -WAY - BENCHMARK J (` RICHT-OF-WAY- _ ELEV. = 4.04' (Naw gg Ah I Digitally signed by David e David S. S.Dagostm 99 P M Date -2T1•7.05.02 Dagosti 08:08:41 -04'00' € 0 0 0 e�g"�' e jb 1 inch = 30 ft. _ N7q• 0 E y-65 pti/, \\V/ 20 /V SURVEY TIE LINE 5 ' SURVEY C\ i s lYX 6877 (Mf 0 z_ IIIJJJ 8 �{,, 1a Z h FLOOD ZONE it E' BASE FL000 ELEV=12.0' (N4w '88) ^ LOT 85 00 o •O�,h ' A FLOOD ZONE AE' h BASE FLOOD ELEV=11.0' (1141) '88) C LOT 86 C LOT 87 Cl \ ++ j C� 10.0' (P) UTILITY EASEMENT 20.2' ^y� BRICK 1, V71 60' (P) CHT -OF -WAY - BENCHMARK J (` RICHT-OF-WAY- _ ELEV. = 4.04' (Naw gg Ah I Digitally signed by David e David S. S.Dagostm 99 P M Date -2T1•7.05.02 Dagosti 08:08:41 -04'00' € 0 0 0 AGENDA ITEM 3-C Cofter County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION- ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: SEPTEMBER 14, 2017 SUBJECT: PIPER BLVD MEDICAL OFFICE; SV-PL20170001467 APPLICANT/OWNER/AGENT. Applicant/Owner: Steven P. Walthen, Manager Equity Piper Naples, LLC 2590 Northbrook Plaza, Drive, Suite 203 Naples, FL 34119 REOUESTED ACTION: Agent: D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 The applicant is requesting a variance from Land Development Code (LDC) Section 5.06.04 F.La, to allow a sign separation of 240 feet between two pole signs or two pole signs instead of 1,000 feet on a single parcel. GEOGRAPHIC LOCATION: The subject property is located at the comer of Piper Boulevard and Cypress Way East in Section 23, Township 48 South, Range 25 East, Collier County, Florida. (Please see the location map on the following page.) PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks approval of this sign variance to allow two signs to be placed on one parcel that fronts Piper Boulevard. One sign is for the existing self -storage facility and one sign will be for a proposed medical office building within the BRB Development CPUD. One sign already exists for the storage facility (see "Monument Sign Exhibit). The project was not platted; instead the two buildings will be located on a single parcel within a land condominium. Each building is not on a separate lot of record. If the buildings were each to be located on their own lots, then two signs would be permitted by the LDC. The LDC, instead, requires a minimum separation distance of 1,000 feet for signs located on a single lot. The petitioner seeks relief to allow a distance of 240 feet. Piper Blvd Medical Once SV-PL20170001467 last revised: 8128117 Page 1 of 8 Hearing Date: September 14, 2017 Piper Blvd Medical Office SV-PL20170001467 last revised: 828117 Page 2 of 8 Hearing Date: September 14, 2017 fZ 0 N CL CIO 2 C 0 Y U O J a N ci e p i e e Piper Blvd Medical Office SV-PL20170001467 last revised: 828117 Page 2 of 8 Hearing Date: September 14, 2017 fZ 0 N CL CIO 2 C 0 Y U O J Piper Medical Office Building ®4rxJy Nluur 260 130 0 280 Feel Piper Blvd Medical Office SV-PL20170001467 last revised: 8/28/17 Page 3 of 8 Hearing Date: September 14, 2017 N Ek DRY DESMON ImIII IIIII v BR EX LOON -0R STORAGE I Ir I I I 1 I II II I I uxrt m: uwT in I� ��,I I I� 1 i _JI jld �I �jl I I II II I �Y• r3� I AIR -----''.—' .. 1J, n' ______— — .. —��I- — _ _ _ • . rti� . u�� . r . � Y4N}fllf Sp pi111 'r I� ISI I A � I II imrBuler•q ti II II r B I II I ir �II b II PREP NBOGA .I t II I )VICEBULDW I11 445i5i 'itltN. 1 I II II I I uxrt m: uwT in I� ��,I I I� 1 i _JI jld �I �jl I I II II I �Y• r3� I AIR -----''.—' .. 1J, n' ______— — .. —��I- — _ _ _ • . rti� . u�� . r . � Y4N}fllf Sp pi111 The subject property is located within the 3.2 ± acre BRB Development CPUD. That PUD was approved in Ordinance Number 06-34 to allow up to a maximum of 163,000 square feet of land uses that would be ". . . a combination of indoor self -storage, general and medical office, and retail commercial uses comparable those found in the C-3 zoning district." (from Ordinance Number 06-34 Statement of Compliance #2.) SURROUNDING LAND USE AND ZONING (of Subiect parcel): North: Commercial development with a zoning designation of C-1 East: Cypress Way, then various office uses within the Oak Tree Medical Center Condominiums with a zoning designation of PUD (the Piper Blvd. Medical Center PUD) South: Piper Boulevard, then a canal, then Immokalee Road; then the Green Tree Center PUD with commercial uses West: Eye Health Center, with a zoning designation of C-1 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is designated Urban Commercial Subdistrict, Mixed Use Activity Center Subdistrict (Activity Center #1) on the Future Land Use Map of the Future Land Use Element of the GMP. The GMP does not address individual Variance requests but focuses on the larger issue of the actual land uses. The original PUD was deemed consistent with the GMP; therefore, staff concludes that the proposed variance is consistent because the variance request is not specifically addressed. No changes are proposed as part of the application that would render a different GMP finding. STAFF ANALYSIS: The decision to grant a sign variance is based on the criteria found in LDC Section 5.06.08.B. The applicant's agent and staff have analyzed this petition relative to the evaluative criteria and offer the following analysis: a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district. The applicant's agent offered the following response: The site is unique in that the plan for development of this site has always contemplated two separate businesses to occupy the site. Because the property was not platted, the second business cannot have its own signage due to the separation requirement for signage on a single lot. Had the owner originally platted each development tract, each tract would then be permitted to have their own signage without any separation requirement. Further, this site is unique in that it is not immediately adjacent to Immokalee Road, where the majority of traffic traveling this corridor will be. The site is separated from Immokalee Road by the Cocohatchee Canal and Piper Boulevard, a local frontage road. The distance from the nearest edge of pavement of Immokalee Road to the proposed sign location is over 200 feet. The separate building within this PUD warrants the additional tenant signage. Piper Blvd Medical Office SV-PL20170001467 last revised: 8/28/17 Page 5 of 8 Hearing Date: September 14, 2017 Staff concurs with the applicant's contention that there are special conditions and circumstances not generally associated with other parcels in Collier County. Land condominiums are a seldom used development option; most development in Collier County are platted and do not have similar constraints for signage. b. That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. The applicant's agent offered the following response: Functionally, each business entity operates as if it is on a separate lot of record. The general public cannot discern that the property is a single lot and literally applying the sign code as written does deprive the applicant of business signage that other business are permitted to construct when on a separately platted lot. Prohibiting signage identifying the tenant of this standalone building will create a hardship to the business owner. Staff concurs that the "literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. " C. That the special conditions and circumstances which are peculiar to the land, structure or building do not result from the actions of the applicant. The applicant's agent offered the following explanation: The applicant is not the original developer of the PUD and had no part in creating the PUD with two distinct development parcels. This land condominium circumstance is fairly unique and the applicant did not create the situation. Staff concurs with the applicant's agent explanation. d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures or buildings in the same zoning district. The applicant's agent offered the following response: Typically, standalone commercial business are located on individual platted lots or tracts. To the general public there would be no noticeable differences between this business and any other in Collier County. Approval of the variance will result in signage for the site consistent with other standalone businesses in Collier County. If approved, the Variance would confer allow a special privilege not available to other projects developed as land condominiums. As previously explained, this is not a customary development Piper Blvd Medical Office SV-PL20170001467 last revised: 8/28/17 Page 6 of 8 Hearing Date: September 14, 2017 option; the platting process is the more common option. If the land were platted the applicant would be able to have two signs without seeking variance approval. e. That the variance granted is the minimum relief that will make possible the reasonable use of the land, building or structure. The applicant's agent offered the following response: The proposed sign has been located as far as practical from the existing Lock -Up Storage business signage. The 240 foot separation proposed is the greatest separation possible, while allowing the sign to meet the minimum setbacks permitted for ground signs in the LDC. Staff concurs with the applicant's agent explanation. The variance is the minimum relief for placement of the additional sign. E That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan, and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. The applicant's agent offered the following response: The proposed sign variance is consistent with the general intent of the sign code (LDC Section 5.06.01), which provides for control of signs to protect the health, safety and welfare of the community by lessening hazards to pedestrians or vehicular traffic. It is staff's opinion that the request for the additional sign is not in conflict with the purpose and intent of the Sign Code. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed this staff report on August 22, 2017. RECOMMENDATION: Staff recommends that the Hearing Examiner approve the request for a variance from Land Development Code (LDC) Section 5.06.04 F. La, to allow a sign separation of 240 feet between two pole signs instead of 1000 feet on a single parcel for Petition SV- PL20170001467. ATTACHMENT: Application Piper Blvd Medical Office SV-PL20170001467 last revised: 8/28/17 Page 7 of 8 Hearing Date: September 14, 2017 PREPARED BY: KAY'DE6fELEM, AICP PRINCIPIAL PLANNER DA ZONING DIVISION REVIEWED BY: $I[!7 RAYMO V. BELLOWS, ZONING MANAGER DATE ZONING DIVISION MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION Piper Blvd Medical Office SV-PL2017NO1467 last revised: W11117 Page B of 8 Hearing Date: September 14, 2017 0 PIPER BLVD MEDICAL OFFICE SV-PL20170001467 Application and Supporting 40 Documents September 14,, 2017 HEX Hearing Prepared August 25, 2017 •Iffla Grad = tinor 00 lsngirwers . Land sumvViN • Planvers + 1,Afld8r;7RC larlflh N, Co er County • COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierxov.net • 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 2S2-2400 FAX: (239) 2S2-6358 ChapterSIGN VARIANCE PETITION LDC section 5�,06.081 & Code of Laws section 2-83 — 2-90 of Administrative Code PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): Equity Piper Naples, LLC Address: 2590 Northbrook Plaza Dr, Ste203 City: Naples State: FL Zip. 34119 Telephone: 239-210-5900 Cell: _ E -Mail Address: mconcilla@equity.net Name of Agent: D. Wayne Arnold, AICP Firm: Q. Grady Minor and Associates, P.A. Address: 3800 Via Del Rey 239 947 1144 Fax: City: Bonita Springs State: FL ZIP: 34134 Telephone: - - Cell: E -Mail Address: warnold@gradyminor.com PROPERTY INFORMATION Fax: Provide a detailed legal description of the property covered by the application. If space is inadequate, attach description on a separate page. Property I.D. #: 67953000048 Section/Township/Range: 23/48 __,I 25 Subdivision: Unit: Lot: Block: Metes & Bounds Description: PIPER BLVD LAND CONDOMINIUM A COMMERCIAL LAND CONDOMINIUM UNIT 2 Address of Sign Location: 1035 Piper Blvd Current Zoning: BRB Development CPUD Land Use of Subject Parcel: Office If a wall sign, length & height of wall upon which the Sign will be secured: N.A. • Width of Subject Property (road frontage): 516+/- Piper Blvd, 290+/- Cypress Way E 03/17/2017 Page 1 of 4 Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 4 PETITION O. .: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 On a separate sheet attached to the application, provide a detailed explanation of the variance request including what signs are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce setback from 15 ft. to 10 ft.; why encroachment is necessary; how existing encroachment came to be; etc. 2. Please note that staff shall be guided in their recommendation to the Hearing Examiner, and that the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the below listed criteria (a -f), pursuant to LDC subsection 5.06.08 B. On a separate sheet attached to the application, please address the following criteria: a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district. b) That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. c) That the special conditions and circumstances which are peculiar to the land, structure or building do not result from the actions of the applicant. d) That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures or buildings in the same zoning district. e) That the variance granted is the minimum relief that will make possible the reasonable use of the land, building or structure. f) That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan, and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. 03/17/2017 Page 2 of 4 0 • CI C, • COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net o er count 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 i ne Toiiowing submittal Requirement Checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW REQUIRED NOT COPIES REQUIRED Completed Application (download current form from County website) 6 Pre -Application meeting notes 1 Affidavit of Authorization signed and notarized 2 Survey or Site Plan of Property 6 ❑ Location Map depicting major streets in area for reference 1 1❑ Completed Addressing Checklist 1 E] Once the first set of review comments are posted, provide the assigned project 1 ❑ a manager the Property Owner Advisory Letter and Certification Electronic Copy of all documents and plans * Please advise: The Office of the Hearing Examiner requires all materials to be 1 submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. FEE REQUIREMENTS: Pre -Application Meeting: $500.00 Sign Variance Petition: $2,000.00 Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. 03/17/2017 Page 3 of 4 ca er axnty N • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net (239) 252-2400 FAX: (239) 252-6358 As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Signature Applicant/Owne`r Name (please print) Date • Applicant/Agent Signature Date Printed Name/Title r u 03/17/2017 Page 4 of 4 Piper Medical Office Building • Sign Variance Petition Nature of Petition 1. Explanation of Variance Request The subject property is located within the BRB Development CPDD. A portion of the project has been developed with a Lock -Up self -storage facility. The initial site development plan for the indoor self -storage facility and the conceptual PUD Master Plan identified the subject parcel as a future development site. The site has not been subdivided and development on the subject site will occur as a land condominium. Staff has indicated that because the subject site is not a separate lot of record, the prospective tenant cannot qualify for its own sign identifying the business name because there is a minimum required separation of 1,000 feet for ground signs located on a single lot. The variance seeks a reduction in the 1,000 -foot separation standard to permit the PUD to have two pole signs approximately 240 feet apart. The pole sign will comply with all sign copy area, size requirements and setbacks as permitted for non-residential uses in Section 5.06.04 of the LDC. The variance will simply authorize the tenant (physician's office) to have a separate sign identifying • the business name of this separate building in the PUD. 2. Please note that staff shall be guided in their recommendation to the Hearing Examiner, and that the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the below listed criteria (a -f), pursuant to LDC subsection 5.06.08 B. On a separate sheet attached to the application, please address the following criteria: a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district. The site is unique in that the plan for development of this site has always contemplated two separate businesses to occupy the site. Because the property was not platted, the second business cannot have its own signage due to the separation requirement for signage on a single lot. Had the owner originally platted each development tract, each tract would then be permitted to have their own signage without any separation requirement. Further, this site is unique in that it is not immediately adjacent to Immokalee Road, where the majority of traffic traveling this corridor will be. The site is separated from Immokalee Road by the Cocohatchee Canal and Piper Boulevard, a local frontage road. The distance from the nearest edge of pavement of Immokalee Road to the proposed sign location is over 200 feet. The separate building within this PUD warrants the additional tenant signage. April 7, 2017 Page 1 of 3 �rt'�ida�4ltt3�1C Civil t ne'iocoru . triad I;m cy9r, . N angea a x L.111&1,;Il p ��Srltairris Piper Medical Office Building Sign Variance Petition Nature of Petition • b) That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. Functionally, each business entity operates as if it is on a separate lot of record. The general public cannot discern that the property is a single lot and literally applying the sign code as written does deprive the applicant of business signage that other business are permitted to construct when on a separately platted lot. Prohibiting signage identifying the tenant of this standalone building will create a hardship to the business owner. c) That the special conditions and circumstances which are peculiar to the land, structure or building do not result from the actions of the applicant. The applicant is not the original developer of the PUD and had no part in creating the PUD with two distinct development parcels. This land condominium circumstance is fairly unique and the applicant did not create the situation. d) That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures or buildings in the same • zoning district. Typically, standalone commercial business are located on individual platted lots or tracts. To the general public there would be no noticeable differences between this business and any other in Collier County. Approval of the variance will result in signage for the site consistent with other standalone businesses in Collier County. e) That the variance granted is the minimum relief that will make possible the reasonable use of the land, building or structure. The proposed sign has been located as far as practical from the existing Lock -Up Storage business signage. The 240 -foot separation proposed is the greatest separation possible, while allowing the sign to meet the minimum setbacks permitted for ground signs in the LDC. f) That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan, and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. The proposed sign variance is consistent with the general intent of the sign code (LDC Section 5.06.01), which provides for control of signs to protect the health, safety and welfare of the community by lessening hazards to pedestrians or vehicular traffic. • April 7, 2017 Page 2 of 3 {�t`�td�liica��r uvil vn-gin Vi , • Land `utm'evsar, • Pl atanrtati • i 3mhcea� in laatrx i,� Piper Medical Office Building • Sign Variance Petition Nature of Petition • • The signage is necessary to provide patrons appropriate notice of the business in order to make safe vehicular access to the intended destination. The sign will comply with all other sign criteria of the LDC with the exception of this variance for separation from the other sign located in the PUD. April 7, 2017 Page 3 of 3 (� r�acl�s'�lincar (;it°i! Ln�Ett�'ea � t ER�t7ti �ttt�� i<�r� • �'i�kl��ze�r± « l�i�ptt!>u:a�e SFr, luircrLs AFFIDAVIT OF AUTHORIZATION • FOR PETITION NUMBERS(S) Piper Medical Office Huilding,Parcel Number 67953000048 1 Steven P. Wathen (print name), as Manager (title, if applicable) of EauityPiper Naples, LLC (company, if applicable), swear or affirm under oath, that I am the (choose one) owner applicant contract purchaser and that: 1. i have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 1 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize a Grady Minor and Associates, P.A. to act as our/my representative in any matters regarding this petition including 1 through 2 above. "`Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres, or v. pres. • If the applicant is a Limited Liability Company (L. L. C.) or Limited Company (L. C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • if the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, t determine the applicant's status, e.g., individual, corporate, trust, partnership, and then • use the appropriormat for that ownership. Under penaltle o edury, I declare that I have read the foregoing Affidavit of Authorization and that the facts sta d in ate -true. Signature Date STATE OF FL-Gi=A Ore`: COUNTY OF eOWER� The foregoing instrument was sworn to (or affirmed) and subscribed before me on "2 (date) by (name of person providing oath or affirmation), as who is personally known to me or who has produced ..mss cncli Vii ' -h (type of identification) as identification. STAMP/SEAL ignature Of Notary u 7 {f NOTARY PUBLIC: FOR THE STAT I OF OHIO x y Cornrnission Expires • CP108 ` 01 Mune REV M-414 C, • • Piper Boulevard Medical Office Disclosure of Interest Information List Identifying Owner(s) and All Parties of Corporation Equity Piper Naples, LLC 2590 Northbrook Plaza Dr, Ste 203 Naples, FL 34119 Officers/Owners/Managers Steven P. Wathen Dr. Timothy Verwest 100% Percentage of Ownership June 12, 2017 OradMinor 0 3J°Itgirlkrvya• t'aII(IMarti Vyffry- I%ff)tie I.,CtIIwajw AwhiI({7Is 51% 49% Page 1 of 1 Piper Medical Office Building GradvAlinor 260 130 0 260 Feet 001 Engineers • nand Surveyors • Planners • Landscape ?architects 4 N 0 0 _._._._._._._._._._.—._.I II I EX. DRY DETENTION I PROPERTY UNE 1 v I-------, r — — — — — — —- 1 F----� i• I I I I I I r— —I;-------•—•—•-----'---•------ Iff I • EX�MP-R � I� — e e —� l i i•.�� -Tl�I� i I I II II I II r I t -nA I I 1y / UNIT 101 —j--PROPERT LLINE 9,952 S.F. r J• I / l UNIT 102 UNIT 10 I I EX. LOCK-UP STORAGE / I i I l b UNIT2 b I I PIPER BOULEVARD LAND J l / CONDOMINIUM --UN—IT-1--iL1�_��1_1�_l PIPER BOULEVARD X. LOCKUP SIGN o I �-- — — — — LAND CONDOMINIUM — — — — — — — — — — — — — — — _�� PROP. PIPER' i I I I;i MIN. 240' MEDICAL SIGN \ ❑ --- - - - - -moi - ---- -- - - - - - -- ------------------- � PROPERTY LINE — — — — — - - - - -PIPER BOULEVARD (PUBLIC) - - - o �?- - - I---------------------------------------�—_=====-- ® GradyMinor BW WD'1 R" Ifmti epmp. nonm east flvll h;nglneer9 1—d Surveyors Planners I,anaeca Ue. \rc:hiq;cGa ai nite fierinyrvxl 23i 47.1,44er ulxuu. �Y �xxnr. OAitlJMl/Oe.00n F�11'l M)Irrx: 2;I-1.41.1 PIPER MEDICAL OFFICE BUILDING MONUMENT SIGN EXHIBIT I N 11x17 SCALE: 1" = 40' SHEET 1 Or 8 LOCK-UP STORAGE AT OWNER/DEVELOPER BRB DEVELOPMENT, L.L.C. 800 FRONTAGE ROAD NORTHFIELD, IL 60093 pHnNE: (847) 446-7872 FAX: (847) 441-7:'32 LEGAL DESCRIP I'ION AOR 'fl— tl 'Al- R -A -All A k III I NO 1, ArCARD1N1:TO 11 R MREtgI rrM.ILIERAT 1. PI _ A'. rt .n A. tlgxG MORE P I— .1'dJDRIeFDAAF 1-1 T rN N. PR6A. FK RJTAPDF rdiNAa. 1, A—— 1.n�-1 Re l— AT PADPx An AM) t L T IJ F.R __l' �LUgUdATIRv RMNLE L 8 AND RpJB IDdR "Y FOR A dJTANI'E " r EINE RIM NURIx 1ITar — FDx A daTgac1. 11-14' UN J1IMIN 11'M]1' RA]T PAM aaR, wTlFl T F 9( AID pWc p fOR A d]T- IN roan PPRTT n1PJN'f U .. ! PART P�M A DM -1, d iuw FlA:T —1 1R fA9 RALLq. w1TH 1N! JDdN LRDi DF aA L .F ] Fox A daTANLL W I),I.M NSD: TR—P RUN MMI'11a 11' wF.AT 1- A -1-1 OIF 19.11 n1ENCE xl.ry NOR1Nq 11.1- EAJT FORA Ill 11'AFNP. of III JJ R'ET TD APlA dl SIM RAxI'UxF.pJAq BLM:R tlAOI)YNP Rtiafr IIxR OI' HE NgIt�RNT K NE0. M1q pI.OrR T11PMF RIM I.AaY R+V 111E AJ'Lx.E DF aAq nMA a.IFR6T TV'INk nxxr xxlNa, 1 aN IPLO..e]s IMMOKALEE ROAD SITE DEVELOPMENT PLANS LOCATED IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA LOCATION MAP PREPARED BY: Q. GRADY MINOR AND ASSOCIATa P.A. e+`�` 1'v CIVIL ENGINEERS . IANU SURVEYORS R PLANNERS "' 9800 vl REL REY i1 III 4PRIIN PIggRA 341R4 ry PRI)NE : (R9/) "I ..I. , (1.) 141-09'76 Y _. nn.NSAR-,NM 1 GAFF.'. ,RINE. 2006 MMDItPAUp RPGC Ai F11- NAME: NDT,dOSITE w .i )alalalEMµ IP 000E: NDTSUP E'N1Np DRA"NG NUMBER 1 OF 10 INDEX OF DRAWINGS DWO. NO. DESCRIPTION 1. COVER SHEET AND INDEX OF DRAWINGS 2. EXISTING CONDITIONS PIAN AND AERIAL 3. DEMOLITION PLAN 4. SITE PIAN 5. GRADING, PAVING AND DRAINAGE PLAN 6. UI'ILl'CY PLAN T GRADING, PAVING AND DRAINAGE DETAILS 8. WATER DFFAILS 9. SEWER DETAILS 10. EROSION CONTROL PLAN AND DETAILS nn.NSAR-,NM 1 GAFF.'. ,RINE. 2006 MMDItPAUp RPGC Ai F11- NAME: NDT,dOSITE w .i )alalalEMµ IP 000E: NDTSUP E'N1Np DRA"NG NUMBER 1 OF 10 REVISIONS Da1R 9 h W5CTamK k MY 1. flU1LDINC INFORMATION M EN LxLrcrs r Fr'cv3uiTNTs— u,q uwwN l TYPE 'R -B! CONSTRUCTION °T PVR °xu€"c v bl Y -cN In.RTs av 106,665 EI'- R f,%1tLILRwaifjw(pMUFNrz JSV s ./v K 31`P-'uP ro rte" w esv ....a FULLY SPRINKLED a sTA l L N?E" nRCWALL P[40vAL asv I �USTANTM1I-CIAM:Eltl?}I-- 4VifALL fM0N8EMN8luR11EE! dPaRTMFM 011llEORxn FOLIO NOS.: 65370720000 Fxnxrer m:nvu 65370800001 ($lgpplFF s12a�-QB- ORB DEVELOPMENT PUD NO.: 10_3 P�ausL a. x1Art, Pc. L�e�OfD !bIV NA .1 MY Ix)ra lA M1—A,NPN L:1PD.A RE-TRA11014 IRNa1ER ARNP nn.NSAR-,NM 1 GAFF.'. ,RINE. 2006 MMDItPAUp RPGC Ai F11- NAME: NDT,dOSITE w .i )alalalEMµ IP 000E: NDTSUP E'N1Np DRA"NG NUMBER 1 OF 10 • II I II II I i`,I 11 it it I usle,0 11 I ,, 11 i� II i , II I II I 11 w YY L) Ij II II Ii 11 1 1i II ,I 11 1' II i � II II II II I, i I ,I II I 11 'I II II II II 11 1 II II ,i II i, II Ii II , II II i, II 11 II 11 II 11 .11 II i II II II 11 I�r II / II /j 11 L TYPICAL) 6811 OBNER/DEVELPER DESIGNED BY: MID Q. CRADY li�IOR AND ASSOCIATES, P.A. BNB DEVELOPMENT, L.L.C. r 1 zrAN AL cN Ax.DE ou uL sv DRAW BY: Lc5 CIVIL RIGRiEE16 . LAND SURYETDNS . PUNNERS 800 FNONTAOILR e e o) PER COORD. vnM n.H. .O. 8 Cp15O1UC JSV APPROVED MSA NONDiFmll) L8WV9 8 ) PER AYMIO NEW JSv 9800 YIA DCL RC.Y M%klE: IBAT)M6i9Y2 rl OB PEA COLL i5 MA RON- BPRING9. PLDRIDA+ I FAX:,AI'1, H1)19r 1 9 OB FTrt COLI P Cgkl COMMENTS y,p lOB CODC NDTSDP PNON6 : (Y9p) Vti-IIN PAS :(Zsc) YAC T -09T6 Reriebn nets D«rqu0n BY SCALE: 1' s 20' Co u�`s n a �umR6Lib1,v1A anoilN' I -AD, a DELAIC, vE. W NA DEL RET ILOWA RE.— NUM BERAIv.4I LOCX-UP STORAGE GRADING, PAYING AND DRAINAGE PLAN DATE ,MINE. 1006 ND im9h ORARING NUIINER 6 OP ID �l __man man _-__-..--------------- � 1 1 I I i I I ' I I 1 I I I FIRE HYDRANT NO'fES� _ � 1:4 a�-sJMO.a rtTON.w mnnno r&.wm'�"`imt u,n"]xY�z "a Bwu a. x,s.wm nw i is _ x rsa umeaJn tua[ s uYWm W A u,rpu uuax /xnn rO. 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CIY1L ENCMEPRS .LAND SURVEYORS PLANNERS _ .. r B .. .� 5 Ax AL s e o] eER�gNAY1NC ftEWOUInFrAy SY r R(O'.DDC:: BOOFPON[AOE ROAD P D _A..' ..'-1.a xonCLD,Rm PJWfBA]) ] a W COMJ1 N)H NOtSOP . - P6 : (asl VaF-lea FAX: Bai SiAX:e])au1.7B Rur1Yp Onty D��ergl[on By RCAil: I" m 2O'xremW ca,r]e n ar•ivpoma�m2rP2s aaelsel _... ....... .._. _...... .-_ __. ._... .__. .- ........... ... .. ..... ._ 8 [ n� ' E ! a tb Y CLFAWB3C ...� S L.F. �a ®g [bRFY � 1+00 0+00 1+00 0+00 ...'. J mlI . V.E. SBOO NA DEL IF. —lA "-S ROmOA 3,13a RO A --P. NUY .1- LOCK—UP STORAGE UTILITY PLAN AND PROFILE M 6NYOieAxpM51@E DRATING NUMBER a Or 10 [ ' E ! .1 S L.F. r; 1+00 0+00 ...'. J mlI . V.E. SBOO NA DEL IF. —lA "-S ROmOA 3,13a RO A --P. NUY .1- LOCK—UP STORAGE UTILITY PLAN AND PROFILE M 6NYOieAxpM51@E DRATING NUMBER a Or 10 Tu 1HELUKUP NOW Self Storage June 7, 2017 Rachael Beasley Senior Planner Growth Management Department—Zoning Division Collier County Re: Piper Blvd. Land Condominium — Letter of Authorization Ms. Beasley, The Piper Blvd. Land Condominium Association's Declaration specifically states that signage, amongst other things, is excluded from the condominium form of ownership. Each land condo owner privately owns the improvements thereon. As a result, each business should be treated individually in regards to their permitted signage. • The Piper Blvd. Land Association formally authorizes each of its businesses to apply with Collier County for any signage that they feel best suits their needs. Please feel free to contact me with any questions. icand B. Nielscher President — Piper Blvd. Land Condominium Association . W iw `-4t 1 la a Notary Public in and for said Countv. in the State aforesaid, do hereby certify Richard B. Hieischer . President of PIPER BLVD. LAND CONDOMINIUM ASSOCIATION, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument as such Vice President, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act and as the free and volu ary,Ict of said co=91:#p1peal, y, for the uses and purposes therein set forth. N urer my this -day ofj4 n e—_, 2017. '— tIl"%MIXI SEAL (SEAL) LYDIA T PADILLA • NOTARY PUBLIC, STATE OF ILLINOIS My Commission Expires May 11, 2019 800 Frontage Rd, Northfield, IL 60093 Ph: 847-441-7760 Email: ickh brbdev.com INSTR 4946224 OR 5009 PG 2390 RECORDED 2/18/2014 12:22 PM PAGES 56 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $477.50 This Instrument prepared by and after recording return to: Matthew L. Grabinski, Esq. Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM, A COMMERCIA..I MINIUM This Declaration of Condorrtm =t�f Piper Blvd. L �d. ominium, a Commercial Land Condominium (the "DeclaratiorV��made this 18th day of February, 2014 by Lock Up - Evergreen Development Serie§-' LLC, liability company (the "Declarant"), for itself and its successors, grantkes.and assns..=— , 'N ti 1. PLAN OF DELVELOeME NT ITh ' r t� o*s the fee simple interest in certain real property, hereiraft , errt _ to'-,�cqpvett-§aid real property to the condominium form of ownerst*r; rid hereby makes t folios ing" 4,6�larations: Piper Blvd. Land Condominium;' bmmercial Land Cori" %+'shall be a Commercial Land C661 Condominium containing two (2) Its; set forth herein �3 � 2. LAND OWNERSHIP. Tied intends to develop a commercial land Condominium to be known as Piper Md. land Condominium, a Commercial Land Condominium (the "Condominium") on the real property parcel situated in Collier County, Florida and being more particularly identified and described as follows (the "Land"): SEE EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN 3. SUBMISSION STATEMENT. Declarant hereby submits the Land, as described on Exhibit "A", and all easements, rights and appurtenances belonging thereto, to the condominium form of ownership and use in the manner provided by the Florida Condominium Act as it exists on the date of the recording of this Declaration, excluding therefrom, however, all fixtures, buildings and all improvements (including, without limitation, parking lot improvements, signage and buildings), any public or private utility installations, cable television lines, and other similar equipment that are owned by the entity furnishing such services to the Condominium. The covenants and restrictions contained in this Declaration shall run with the land and be binding upon and inure to the benefit of all present and future Owners of Condominium Parcels. The acquisition of title to a Unit, or any other interest in the Condominium Property, or the lease, occupancy, or use of any portion of the Condominium Property shall constitute an acceptance and ratification of all provisions of this Declaration as it may be amended from time to time, and shall signify agreement to be bound by its terms. DECLARATION OF CONDOMINIUM OF PIPER BLvD. LAND CONDOMINIUM PAGE 1 OF 26 • • • • • • OR 5009 PG 2391 4. NAME AND ADDRESS. The name by which this Condominium shall be identified is PIPER BLVD. LAND CONDOMINIUM, a Commercial Land Condominium. The street address for this Condominium is 1025 Piper Blvd., Naples, Florida 34110. 5. DEFINITIONS. The terms used in this Declaration and its exhibits shall have the meanings stated below and in Chapter 718, Florida Statutes, (the "Condominium Act"), unless the context requires otherwise. 5.1 "Articles" or "Articles of Incorporation" shall mean and refer to the articles of incorporation of the Association, attached hereto and incorporated herein as Exhibit "C", as amended from time to time. 5.2 "Assessment" shall mean and refer to a share of the funds required for the payment of Common Expenses which from time to time is assessed against the Units. 5.3 "Association" shall ASSOCIATION, INC., a Flor operation of this Condominiutj 5.4 "Association owned or leased by the 5.5 "Board of which is responsible referred to in the Coi 5.6 "Building" sha'lfffie!kn and refer to any PIPER BLVD. LAND CONDOMINIUM 4ation, the entity responsible for the N referXo alt, property, real or personal, )enefrt cif the Unit Owners. the representative body s, and is the same body within a Unit. . - 5.7 `Bylaws" means th4lJB of the 60 ''tr attached hereto and incorporated herein as Exhibit "D", as amena6d„fr2o ` e 1T w ` 5.8 "Common Elements" consist solely of the easement interests granted to the Association, as set forth more particularly in Sections 8.1 and 8.2 below. 5.9 "Common Expenses" means all expenses properly incurred by the Association in its performance of its duties, as set forth more particularly herein. 5.10 "Common Surplus" means the amount of all receipts or revenues, including Assessments, rents or profits collected by the Association, which exceeds Common Expenses. 5.11 "Condominium" shall mean and refer to the commercial land condominium created by this Declaration. 5.12 "Condominium Documents" shall mean and include this Declaration and all recorded exhibits hereto, as amended from time to time. 5.13 "Condominium Parcel" means a Unit together with the undivided share in the Common Elements that is appurtenant to the Unit. DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PAGE 2 OF 26 OR 5009 PG 2392 5.14 "Condominium Property" means the land subjected to the condominium form of ownership by this Declaration, and all easements and rights appurtenant thereto, but excluding all vertical improvements located thereon. 5.15 "Declaration" shall mean and refer to this Declaration of Condominium of Piper Blvd. Land Condominium, a Commercial Land Condominium, as amended from time to time. 5.16 "Institutional Mortgagee" shall mean and refer to the mortgagee (or its assignee) of a mortgage against a Condominium Parcel, which mortgagee or the direct or indirect parent company of such mortgagee is a bank, savings and loan association, mortgage company, insurance company, real estate or mortgage investment trust, pension or profit sharing trust. 5.17 "Invitees" means, customers, clients, patients, delivery persons, employees and all others who have reasonable cause to enter the Condominium Property in connection with the business of any Unit Owner orr ted - 5.18 "Land" shallfer to the-ie?operty described on Exhibit "A" attached hereto and into ted herein, and an"thee; real property added to the Condominium pursuant . th�prrscitsl t�s�Qf._t t 5.19 "Lease" use of the Owner's 5.20 "Member" 5:21 "Owner" and refer to the 5.22 "Percentage Inter tr sb4, mean ownership interest in the Comr`6i- " 7.1, below. F A it Owner of a temporary right of i r,A sociation. V titleAo a Unit, each Unit Owner's undivided Surplus, as set forth in Section 5.23 "Rules and Regulations" shall mean and refer to the rules and regulations that may be promulgated by the Board of Directors, to govern the use of the Common Elements and the operation of the Association. 5.24 "Unit" shall have the same meaning as the term "Unit" is defined in the Condominium Act, subject to the terms of this Declaration. 5.25 "Voting Interest" means the voting rights of an Owner in the affairs of the Association, which rights shall be appurtenant to a Unit and equal to the Percentage Interest assigned to the Unit as set forth within Section 7.1 below. 6. SURVEY AND PLANS: DESCRIPTION OF CONDOMINIUM: DESCRIPTION OF UNITS. 6.1 Survey and Plot Plan. Attached hereto as part of Exhibits "A" and "B", and incorporated by reference herein, are a legal description and a survey of the Land, and a plot plan, which graphically describe the location and dimensions Of the Units, including their DECLARATION OF CONDOMINIUM OF PIPER BLvD. LAND CONDOMINIUM PAGE 3 OF 26 • • L` OR 5009 PG 2393 C • identification numbers, locations and approximate dimensions and the Common Elements. The Condominium Land is legally described on Exhibit "A", attached hereto. Exhibit "B" contains the legal description and plot plan of Unit 1 and Unit 2. Together with this Declaration, the Exhibits are in sufficient detail to identify each Unit, the Common Elements, and their relative locations and dimensions. No Unit bears the same designation as any other Unit in the Condominium. 6.2 Unit Boundaries. The perimeter boundaries of each Unit are as depicted on Exhibit "B". There are no upper or lower boundaries for either Unit. 6.3 Utilities. The Unit shall not be deemed to include any pipes, wiring, ducts or other utility installations that are physically within the above-described boundaries. 6.4 Unit Identification. Exhibit "B" to this Declaration sets forth the Units in the Condominium. Each Unit is designated by a one (1) digit identifying number, as shown on Exhibit "B". The aforesaid identifying_ershatlLLlegally identify the applicable Unit. �o` 7. CONDOMINIUM APPUR4"•.ins AND USE. 7.1 Percenta shall be as follows: 7.2 Appurtenars'to Each Unit. The rights and own a cert4 ' i .Merest in the Ci limitation the following: 7.2.1 An undividec Common Surplus, as to each Unit Unit shall have certain :erty, including without : f the Common Elements and the in Section 7.1 above. 7.2.2 Membership and voting rights in the Association, which shall be acquired and exercised as provided in the Articles of Incorporation and Bylaws. 7.2.3 Other appurtenances as may be provided in this Declaration and its exhibits. 7.3 Use and Possession. An Owner is entitled to exclusive use and possession of his or her Unit (subject to the terms hereof, the Condominium Act, and any easements reserved herein), and is entitled to use the Common Elements in accordance with the purposes for which they are intended. All uses shall be permitted as long as such uses are in compliance with all applicable zoning, land usage laws and regulations. 8. COMMON ELEMENTS: EASEMENTS. DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PAGE 4 OF 26 OR 5009 PG 2394 8.1 Definition. The land comprising the two (2) Units consists of the entire Condominium Property. Therefore, the Common Elements consist solely of the easement rights described in Section 8.2, below. 8.2 Easements. Each of the following easements and easement rights is reserved through the Condominium Property, is a covenant running with the land, and, notwithstanding any provision herein to the contrary, may not be revoked and shall survive termination of the Condominium. None of these easements may be encumbered by any leasehold or lien other than those on the Condominium Parcels. Any lien encumbering these easements shall automatically be subordinate to the rights of Owners with respect to such easements. 8.2.1 Utility and other Easements. The Association has the power, without the joinder of any Unit Owner, to grant, modify or move easements such as electric, gas, cable television, or other utility or service easements, or relocate any existing easements, in ,,-an ` � `arf-p? Common Elements or Association Property, and to nt pts., or relocate any existing access easements in any., , '' of the Com tt�tnents or Association Property, as the Association sbal} deem necessary or desist for the proper operation and maintenance of the Condominium. Such easetPenis tn, or the relocation of existing easements, ayrnot'"refre�rt or._imreaisdnabty interfere with the use of the Units. The Association t related equipment, facilities or taJi" yOt eic n s j the'_ requirements of any utility material, and to/ g, er�m to aje[i wh1, any,'suc utility related equipment, company or • facilities or iiia t erred,-ho"'Wusive cross -easements are hereby gra rr'e i,in favor of each Un r a6o- 0/ repair and maintenance of underground\in k{ and sewer facilitie as?thf -s"� ne may be located and exist from time to tlr the purpose of priter and sev+rer service to the Units. y.. 8.2.2 Encroachment - !f r'tJititt. ir`�K improvement on a Unit) encroaches upon any of the Common Elemeffs--or upon any other Unit for any reason other than the intentional act of the Owner of such Unit, or if any Common Element encroaches upon any Unit, then an easement shall exist to the extent of that encroachment as long as the encroachment exists. 8.2.3 Ingress and Egress. A non-exclusive easement shall exist in favor of each Owner and occupant, their respective guests, tenants, licensees and invitees for pedestrian and vehicular traffic over, through, and across sidewalks, streets, outdoor parking areas, driveways, paths, walks, and other portions of the Units as may from time to time be designated for such purposes and uses by the Owner of such Unit, and for reasonable vehicular and pedestrian ingress and egress over, through, and across such outdoor portions of the Units as may from time to time be designated and/or reconfigured for such purposes and uses by the Owner of such Unit. 8.2.4 Declarant's Right to Grant Easements. The Declarant, during any period in which the Declarant has any ownership interest in the Condominium Property, shall have the right to grant such electric, telephone, gas, water, sewer, irrigation, drainage, cable television, access, maintenance, signage or other easements, DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM • PAGE 5 OF 26 OR 5009 PG 2395 • • and to relocate any existing easements in any portion of the Common Elements and to grant access easements and to relocate in the existing access easements in any portion of the Common Elements as the Declarant shall deem necessary or desirable. 8.2.5 Association's Access to Units. The Association has an irrevocable access easement to, over and through each Unit, during reasonable hours, when necessary for the maintenance, repair, or replacement of any Common Elements or Association Property (including, without limitation, the utility infrastructure required to be maintained by the Association in accordance with Paragraph 11.1, below), or as necessary to prevent damage to the Common Elements or to one or more Units. The exercise of the Association's rights of access to the Unit shall be accomplished with due respect for the rights of occupants to privacy and freedom from unreasonable annoyance, as well as with appropriate precautions to protect the personal property within the Unit. 8.2.6 Drains a Area -a, eMei#: *kive drainage easement ("Drainage Easement") is heretj' , ablished over h tions of Unit 1, for the benefit of the Owners of ia6kbit, as depicted on th lot"plat attached hereto as Exhibit "B", and incolporat'ed-herein.-a.T.tle Drainage � ase' hent shall be maintained by the Associ0on andlh*,serve as d�-detention area for the Condominium Property. 1 t /"", 1 ��- 8.2.7 Dumpstdt AcodW gaselnont. A! rionlusive access easement ("Dumpster skihi i`) is r6by blis v- e�rtain portions of Unit 2, for the benefit �frtit 1 for the placem� an ue/of the dumpster(s) located upon Unit 2.:'T'location of the DuWer' Eent is described on the plot plan attached h&etd,�s Exhibit "B", and inlb8' Gated herein. 8.2.8 Cross -Drain 4,6 se" rYci xclusive cross drainage easement shall exist over the Condon dr Pr lseriy, in favor of each Unit, for the purpose of storm -water management and the operation, repair and maintenance of stormwater catch basins, as the same may exist or be located on the Condominium Property from time to time, as required by applicable governmental authorities. 8.3 Restraint upon Separation and Partition. The Percentage Interest appurtenant to a Unit cannot be conveyed or encumbered separately from the Unit and shall pass with the title to the Unit, whether or not separately described. As long as the Condominium exists, the Common Elements cannot be partitioned. The shares in the funds and assets of the Association cannot be assigned, pledged or transferred except as an appurtenance to the Units. 9. ASSOCIATION. The Condominium shall be operated by Piper Blvd. Land Condominium Association, Inc., a Florida not-for-profit corporation, which shall perform its function pursuant to the following: 9.1 Delegation of Management. The Association may contract for the management and maintenance of the Condominium Property (and/or any improvements located thereon for which the Association is responsible for maintaining) and employ a licensed manager or DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PAGE 6 OF 26 OR 5009 PG 2396 management company to assist the Association in carrying out its powers and duties by performing such functions as the submission of proposals, collection of Assessments, keeping of records, enforcement of rules and maintenance, repair and replacement of the Common Elements with funds made available by the Association for such purposes. The Association and its officers however, shall retain at all times the powers and duties provided in the Condominium Act. 9.2 Membership. The membership of the Association shall be the record Owners of legal title to the Units, as further provided in the Bylaws. 9.3 Acts of the Association. Unless the approval or affirmative vote of the Unit Owners is specifically made necessary by some provision of the Condominium Act or these Condominium Documents, all approvals or actions permitted or required to be given or taken by the Association may be given or taken by its Board of Directors, without a vote of the Owners. The officers and directors of the Association have a fiduciary relationship to the Owners. An Owner does not have the authority to aot,W, *e fks dation by reason of being an Owner. 9.4 Powers and DutiesL powers and dUti0'sK,"' e Association include those set forth in the Condominium and the Condominium Mocuments. The Association may contract, sue, or be sued with ETeSpect\to,..the exercise "of non -exercise of its powers and duties. For these purpoOes,�he r5v� of . e Association r clude, but are not limited to, the maintenance, manage ent,o muni Property and Association Property. The Associa't ronl a g` t ewer e` e. i o� r ements to acquire leaseholds, , ;� , PQ I � , memberships and otfI wrier pos ry ori use i tttterpsts in lands or facilities, regardless of whether fti�n ''"`r fa ' � ntig to f�e�Condominium. 9.5 . Official RecotdanThe Association shat' irttajA,6 fficial records as required by taw. The records shall be o tp inspection by mem rr their authorized representatives reasonable times. The. inspect the ra',.. Ludes a right to make or obtain at all r �� p �,. r<t,lac photocopies at the reasonable eee etee s>seking copies. 9.6 Purchase of Units. The Association has the power to purchase one or more Units in the Condominium, and to own, lease, mortgage, or convey them, with such power to be exercised by the Board of Directors. 9.7 Acquisition of Property. The Association has the power to acquire property, both real and personal. The power to acquire personal property shall be exercised by the Board of Directors. Unless otherwise specifically provided elsewhere herein, the power to acquire ownership interests in real property shall be exercised by the Board of Directors, but only after unanimous approval of the Voting Interests. Notwithstanding the foregoing and to the fullest extent permitted by law, the Declarant shall have the right to convey title to any property owned by it, or any easement or interest therein, to the Association as Association Property, and the Association shall be required to accept Such conveyance; provided, however, title to such property shall be free and clear of security interests. Any such conveyance shall be effective upon recording the deed or instrument of conveyance in the Public Records of Collier County, Florida. 9.8 Disposition of Property. Any property owned by the Association, whether real, personal or mixed, may be mortgaged, sold, leased or otherwise encumbered or disposed of DECLARATION OF CONDOMINIUM OF PIPER BLvD. LAND CONDOMINIUM PAGE 7 OF 26 • • • • OR 5009 PG 2397 by the affirmative vote of a majority of the entire Board of Directors, without need for authorization by the Owners. 9.9 Roster. The Association shall maintain a current roster of names and mailing addresses of the Owners, based upon information supplied by the Owners. A copy of the roster shall be made available to any Member upon request. 9.10 Limitation on Liability. Notwithstanding its duty to maintain and repair Condominium or Association Property, the Association shall not be liable to individual Unit Owners for personal injury or property damage caused by any latent condition of the property to be maintained and repaired by the Association, or caused by the elements, Owners or other persons. 9.11 Member Approval of Certain Litigation. Notwithstanding any other provision of the Condominium Documents, the Board of Directors shall be required to obtain the prior approval of 100% of the Voting ,jfft-;�s ric a payment of, or contracting for the payment of, legal fees to a„ �p r n"ifa +� ' ~6ttie Association for the purpose of commencing any lawsuit, o r the followi�!r ses: 9.11.1 the 9.11.2 the 9.11.3 in 9.11.6 filing a counterclaim. obligated to pay; approval of the members to the Association or its The foregoing shall not precludo-anying-e�►yi�wsfg for, or contracting for the payment of legal fees for the purpose of comuit on the Owner's behalf. 10. ASSESSMENTS AND LIENS. The Association has the power to levy and collect Assessments against each Unit and Unit Owner in order to provide the necessary funds for proper operation and management of the Condominium and for the operation of the Association. This power includes both "regular" Assessments for each Unit's share of the common expenses as set forth in the annual budget, and "special" Assessments for unusual, nonrecurring or unbudgeted Common Expenses. The Association may also levy "special charges" against any individual Unit, for any amounts, other than for Common Expenses, which are properly chargeable against such Unit(s). Assessments shall be levied and payment enforced as provided in the Bylaws, and as follows: 10.1 Common Expenses. Common Expenses include the expenses of management, operation, maintenance, repair, replacement or insurance of the Common Elements and Association Property, the expenses of operating the Association, and any other expenses properly incurred by the Association for the Condominium, including amounts budgeted for the purpose of funding reserve accounts (if any). DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PAGE 8 OF 26 OR 5009 PG 2398 • 10.2 Share of Common Expenses. The Owner of each Unit shall be liable for a share of the Common Expenses equal to his share of Ownership of the Common Elements and the Common Surplus, as set forth in Section 7.1, above. 10.3 Ownership. Assessments and other funds collected by or on behalf of the Association become the property of the Association; no Owner has the right to claim, assign or transfer any interest therein except as an appurtenance to his Unit. An Owner shall not be entitled to withdraw or receive distribution of his share of the Common Surplus, except as otherwise provided herein or by law. 10.4 Liability for Assessments. The Owner of each Unit, regardless of how title was acquired, is liable for all Assessments or installments thereon coming due prior to or while he is the Owner. Multiple Owners are jointly and severally liable. Except as provided in Section 19.3, below (as to certain first mortgagees), whenever title to a Condominium Parcel is transferred for any reason, the new Owner is jointly and severally liable with the previous Owner for all Assessments which pam e I the transfer and remain unpaid as of the date of the transfer, without r Y 1 new Owner may have to recover from p, „ the previous Owner any past, c ounts paid by t�, ,Owner. 10.5 No Waiver o`Exou"W1i ITI-F ent.-The liakility'for Assessments may not be avoided or abated by/wa' er 16f-Iftle,u ..tor enjoyment,of any Common Elements, by abandonment of the tjnit 6 arymace, or by interruption in the availability of the Unit §r t661 B erg n f(ia° on whatsoever. No Unit Owner • may be excused from A, m6nt , f is, sli re o th 4`o o. Expenses unless all Unit Owners are likewise p I tl % lY pa errtJ pt as otherwise provided in Section 20.3, below (arrtain first mortgagee) 10.6 Application of ts- Failureto Pay:�4efes .- ssessmenfs and installments thereon paid on or before t 0) days after the ue shall not bear interest, but all sums not so paid shall the ,a iI ea ere tth&.j'est rate allowed by law, calculated from the date due until paid.Tiemitte ty lawi5ciatl also impose a late payment fee (in addition to interest) to the extent per. Assessments and installments thereon shall become due, and the Unit Owner shall become liable for said Assessments or installments, on the date established in the Bylaws or otherwise set by the Board of Directors for payment. All payments on account shall be applied first to interest, then to late payment fees, court costs and attorneys' fees, and finally to delinquent Assessments. No payment by check is deemed received until the check has cleared. 10.7 Acceleration. If any regular Assessment, special Assessment, or special charge levied against a Unit is unpaid thirty (30) days after the due date, the Association shall have the right to record a Claim of Lien for the unpaid amount due. Upon the recordation of Claim of Lien, the Association shall thereafter have the right to accelerate the due date of the entire unpaid balance of the Unit's Assessments for that fiscal year. The due date for all accelerated amounts shall be the date the Claim of Lien was recorded in the public records. The Association's Claim of Lien shall secure payment of the entire accelerated obligation, together with interest on the entire balance, attorneys' fees and costs as provided by law; and said Claim of Lien shall not be satisfied or released until all sums secured by it have been paid. The right to accelerate shall be exercised by sending to the delinquent Owner a notice of the exercise, which notice shall be sent by certified or registered mail to the Owner's last known address, and shall be deemed given upon mailing of the notice, DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM • PAGE 9 OF 26 OR 5009 PG 2399 • • • postpaid. The notice may be given as part of the notice of intent to foreclose, as required by Section 718.116 of the Condominium Act, or may be sent separately. 10.8 Liens. The Association has a lien on each Condominium Parcel securing payment of past due Assessments, including interest and attorneys' fees and costs incurred by the Association incident to the collection of the Assessment or enforcement of the lien, whether before, during or after a lien foreclosure suit. The lien is perfected upon recording a Claim of Lien in the Public Records of Collier County, Florida, stating the description of the Condominium Parcel, the name and address of the Association, the name of the record Owner, the Assessments past due and the due dates. The lien shall be executed and acknowledged by an officer or authorized agent of the Association and shall remain in effect until satisfied by full payment or barred by law. The Claim of Lien secures all unpaid Assessments coming due prior to a final judgment of foreclosure. Upon full payment, the person making the payment is entitled to a satisfaction of the lien. 10.9 Priority of Lien. subordinate and inferior to required by the Condominil shall be superior to, and #i the mortgage or lien `raE Condominium Act, as afner and inferior to the Associatif a lien for unpaid Assessments shall be fid: list mortgage, but only to the extent amended Trca to time. The Association's lien over, any other ftgoge or lien regardless of when sex; t M1�s othe seg,, expressly provided by the ime„to time. ` ny lea a cid a Unit shall be subordinate dlinr ash was executed. 10.10 Foreclosure of Clea, T Ais ci 't` may ging aO aci{ion in its name to foreclose its lien for unpaid Assesriers rr�t .' n ovid�)ti #i�Condominium Act, and may also bring an action t6'Is ver a money judgMent for tae unpaid Assessments without waiving any lien rights. 10.11 Certificate as to�AAir§e'ssments. Within f ;ekd6�1-�li days after request by a Unit Owner or mortgagee, the Asso i otiigt-p 4� ' � tificate (sometimes' referred to as an "estoppel letter") stating whether alb-Usi& �-.arid other monies owed to the Association by the Unit Owner with respect to theCondominium Parcel have been paid. Any person other than the Owner who relies upon such certificate shall be protected thereby. 11. MAINTENANCE: LIMITATIONS UPON ALTERATIONS AND IMPROVEMENTS. Responsibility for the protection, maintenance, repair and replacement of the Condominium Property, and restrictions on its alteration and improvement shall be as follows: 11.1 Association Maintenance. The Association is responsible for the protection, maintenance, repair and replacement of all Common Elements and Association Property, and (except for the maintenance, repair and replacement item set forth in the paragraph below), the cost of the foregoing shall be a Common Expense. The Association's responsibilities shall initially be limited to the following: (a) operating, maintaining, repairing and/or replacing the drainage system, including the dry retention area located within the Drainage Easement, as depicted on Exhibit "B", (b) operating, maintaining, repairing and/or replacing the Dumpster Easement area, including the maintenance of a physical trash dumpster with such area for the use of both Unit Owners, and DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PAGE 10 OF 26 OR 5009 PG 2400 • (c) operating, maintaining, repairing and/or replacing the following utility infrastructure (whether located within the Condominium Property or located adjacent to the Condominium Property and serving the Condominium Property, to the extent not maintained by Collier County: (1) the 8" sanitary sewer line that serves the Condominium Property, up to (but not including) the 6" connections and 6" connection lines for the respective Units; (2) the 8" Fire Protection System Water Main, up to (but not including) the 6" gate valve for each Unit; All incidental damage caused to a Unit by work performed or ordered to be performed by the Association shall be promptly repaired by and at the expense of the Association with the cost to be a Common Expense. The Association shall restore the property as nearly as practical to its condition before the damaq!e. _ 11.2 Unit Owner Maint rS" n e. ess- aCe21ty assigned to the Association in Section 11.1, above, ea -Uri 'Owner is respI at his own expense, for all maintenance, repairs, an rcements of his or hoelnif;,together with all additions or improvements added thFretoiTfie"�6"wffier's re ponsibilitiesincli�tde, without limitation: 11.2.1 Day[, to chap nib e repair and/ac replacement of • any Buildin�(s) f 6a ma pb c§n i d fir *Vn4l tine within a Unit; 11.2.2 MaMe a pair out r• ays, driveways, sidewalks, parking lot li 'h n and parking lots (i ludipg racing and re -striping) within the Unit; 11.2.3 Maintenahgl " ,'` 11utside land ctipki and irrigation within Owner=s Unit; 11.2A Maintenance onfrastructure located within the Unit boundaries and serving only such Unit (including connections) including, without limitation, the following: (a) the 6" sewer pipes serving the respective Unit, up to and including the 6" connection point with the primary 8" sewer line referenced in Paragraph 11.1(c)(1), above; (b) the 6" fire protection system line serving such Unit, up to and including the gate valve connection point with the primary 8" Fire Protection System Water Main reference in Paragraph 11.1(c)(2), above; (c) the potable water meter and service lines 11.2.5 Periodic repainting of the Buildings; and 11.2.6 Periodic pressure cleaning of the Buildings. DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMIMUM • PAGE 11 OF 26 OR 5009 PG 2401 • However, any insurance proceeds paid to the Association with respect to any loss or damage within the Unit which is covered by the Association's casualty insurance policy, and which loss would otherwise be bome by the Unit Owner, shall be paid to the Unit Owner. 11.3 Other Unit Owner Responsibilities. Each Unit Owner shall also have the following responsibilities: 11.3.1 Modifications and Alterations. If an Owner makes any modifications, installations or additions to his or her Unit or the Common Elements, then such Owner and his or her successors in title shall be financially responsible for the insurance, maintenance, repair and replacement of the modifications, installations or additions. 11.3.2 Use of Licensed and Insured Contractors. If an Owner contracts for or otherwise causes the maintenance, repair, replacement, alteration, addition or improvement of any � 0f or, -Common Elements, whether with or without Association '' yrt `ir A nrner shall be deemed to have warranted to th jeAb t, the Ass8bi Ir r d its members that his or her contractor(s) art; properly licensed and fuwei sr�ed. In addition, such Owner ("lndemnitor"Yshajt indemriify-and hold harmless thg Declarant, the Association, and all other Unit Ori6g&—&,(c0llectivel`y he "In mNtee") from and against any loss, costs, Pxpe° b' a lrhdemnitee caused (in whole • or in part) by an; nit nti`t a, or neg` g tt cl o ;sioh of the Owner or any other person and, r�lated;to 4 e erfo ce of n repair(;, maintenance, alterations and/or addib ns',i�n€ 'In ' ' o it or rr&-LI"cements. • 11.4 Alteration of U ' ?or Common Elem "` U ners. Except as provided in this Section 11.4, an owiie(sba 11 not make any alteratu ns or additions 'to his Unit which would add to or remove ani i of the Commo jip ts, nor do anything which would adversely affect the safety O!` n of the Condominium Property. Subject to the foregoing, a Unit s iat�av night to make alterations within a Unit without the prior approval of the Board so ong as the changes are in compliance with all applicable building codes and also subject to such Owners indemnity obligations set forth in Section 11.3.2, above. In creating this Land Condominium, the Declarant specifically intends to provide the Owner of each Unit with maximum flexibility with respect to any future improvements or redevelopment that may occur from time to time on such Unit subject to the terms of this Declaration, and applicable zoning and building codes and regulations. It is not Declarant's intent that any future improvements or redevelopment that may occur from time to time on Units should unreasonably interfere with other Owners' possession or quiet enjoyment of Units. 11.5 Alterations and Additions to Common Elements and Association Prooertv. The protection, maintenance, repair, insurance and replacement of the Common Elements and Association Property are the responsibility of the Association and the cost shall be a Common Expense. Beyond this function, the Association shall not, without the unanimous prior approval of the Voting Interest, make any material alteration of, or substantial additions to, the Common Elements or the real property owned by the Association if, for any calendar year, the aggregate cost of such alterations and/or additions will exceed $10,000.00. DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PAGE 12 OF 26 OR 5009 PG 2402 • Alterations or additions costing less than this amount may be made with Board approval. However, if work reasonably necessary to protect, maintain, repair, replace or insure the Common Elements or Association Property also constitutes a material alteration or substantial addition to the Common Elements, no prior Unit Owner approval is required. 11.6 Enforcement of Maintenance. If, after reasonable written notice an Owner fails to maintain her Unit as required above, the Association may institute legal proceedings to enforce compliance, or may take any and all other lawful actions to remedy such violation. The Association shall have the irrevocable right of access to each Unit during reasonable hours, with or without notice to or consent of the Unit Owner or tenant, when necessary for the maintenance, repair, or replacement of any Unit or Building as necessary to prevent damage to the Common Elements or to a Unit or Units. Any expenses incurred by the Association pursuant to this Section 12.6 shall be charged to the Unit Owner, together with reasonable attorney's fees and other expenses of collection, if any. 11.7 Negligence: Dama e Caus.0;hV0bAdWQn in Unit. The Owner of each Unit shall be liable for the expenses of a i,.,_.. a; tgeptacement of Common Elements, other Units, or personal pro�tdad6 necessary'" %, 4,,her act or negligence, or by that of any member of his or for feasts, employees, agen nor tenants. Each Unit Owner has a duty to maintain his or her Uimprovemer�s, fixtures, and personal property therein, in such a manner as tq prewenfF�fot sees ae ntl r asonAly preventable damage to other Units, the Common Efeme` t t nets and/or occupants. If any condition, defect or malfu cf n` s Iti g=if� ii t. eifs failure to perform this duty • causes damage to otN,rer n' , t ohiro n = em ts( Aisoc ation Property or property within other Units, Buildin�q' ; t end* �inii all be liable to the person or entity responsible for rep�ng the damaged pro' i , rty fior I`I ci is of repair or replacement not covered by insurance; ; one or more of th , s{ in is not occupied at the time the damage is discoverer` Association may en "unit'without prior notice to the " " Owner and take reason" on to mitigate age or prevent its spread. The Association may, but is not o o � repattf--Acle without the prior consent of the Owner. j:._€ 12. USE RESTRICTIONS. The use of the Condominium Property shall be in accordance with the following provisions: 12.1 Units. Each Unit shall be used and occupied as permitted by the applicable zoning laws and regulations and as permitted by this Declaration and any other private restrictive covenants. 12.2 Common Elements. The Common Elements shall be used only for the purposes for which they are intended in the furnishing of services and facilities for the enjoyment of the Units. 12.3 Signs, Advertising. The use and display of all signage shall be subject to applicable county laws and regulations. 12.4 Lawful Use. No unlawful use shall be made of the Condominium Property nor any part of it, and all valid laws, covenants and restrictions, zoning ordinances and regulations of all governmental bodies having jurisdiction shall be observed. The responsibility of meeting the requirements of governmental bodies for maintenance, DECLARATION OF CONDOMIMUM OF PIPER BLVD. LAND CONDOMIMUM • PAGE 13 OF 26 • • OR 5009 PG 2403 modification or repair of the Condominium Property shall be the same as the responsibility for the maintenance and repair of the property concerned. 12.5 Nuisances. No Owner shall use his or her Unit, or permit it to be used, in any manner which constitutes or causes an unreasonable amount of annoyance or nuisance to the occupant of another Unit, or which would be inconsistent with the maintenance of the highest standards for a first class commercial condominium. 12.6 Parking. All parking spaces (including handicapped parking) required by applicable municipal and county regulations and pertaining to the use or uses of a Unit shall be located entirely within such Unit, unless the Owner thereof is able to obtain an off-site parking lease or easement. 12.7 Outside Areas. All outside areas, including parking areas and the Common Elements (if any) shall be kept clean and free from dirt, cigarette butts and rubbish, and no Unit Owner or other occupanttp -a obstruction or the storage of any merchandise, packing container / " �i oftr materials to be placed or kept in such areas. Such items stt 1 Ilgkc n directly to a dumping facility for disposal or shall be promptly towed to/a atclrage lot at the Owner's " pence. 12.8 Square Fo Unit containing more 13. SALE LEASE.QRS E sale, lease or transfer QfAn' and drrT not required to obtain tt�e" proval of the grantee) required to obt6'" , rtificate of a building within such be no restriction on the >e or transfer their Unit is Owner (or such Owner's ation. . 14. INSURANCE.Iri `e hall be qai6d,'6rid' kept in force at all times in accordance with the following ps Qs fts: 14.1 Unit Owner. Each Unit Owner is responsible for insuring his or her own Unit, and the Building(s), fixtures and personal property therein. 14.2 Required Unit Owner Coverage. Each Unit Owner shall establish and maintain the following insurance coverages and shall have the Association named as an additional insured under each policy: 14.2.1 Property Loss or damage by fire, extended coverage (including windstorm), vandalism and malicious mischief, and other hazards covered by what is commonly known as an `All Risk" property contract, in commercially reasonable amounts. 14.2.2 Liability General premises and liability for bodily injury and property damage, with coverage of at least $2,000,000.00 per occurrence. The Association shall be named as an additional insured on such policy. Notwithstanding any provision herein to the contrary, the Association shall not have any obligation to monitor or otherwise verify that any Owner has procured and/or is maintaining the insurance policies required by this Section 14.2. DECLARA-nON OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PAGE 14 OF 26 OR 5009 PG 2404 • 14.3 Association insurance; Duty and Authority to Obtain. The Association is responsible for insuring the Common Elements. The Board of Directors shall obtain and keep in force the insurance coverage which it is required to carry by law and under the Condominium Documents, and may obtain and keep in force any or all additional insurance coverage as it deems necessary. The named insured shall be the Association. To the extent permitted by law, the Association may self insure. Notwithstanding anything to the contrary herein, the Association's insurance responsibility, as required by this Declaration and by Section 718.111(11) of the Condominium Act, shall not include the Buildings, nor any other improvement upon a Unit as the Buildings and other improvements are not part of the Condominium Property. Prior to submitting the Land to this Declaration, the Declarant constructed certain improvements upon Unit 1 and Unit 2. For the purposes of Section 718.111 (1 1)(b)2. of the Condominium Act (as the same may be amended from time to time), the improvements upon Unit 1 and (when built) Unit 2 shall not be deemed "condominium property located inside the units as such property was initially installed, or replacements thereof of like kind and quality and in accordance with the original plans and specifications or, if the original plans and specific' not -available, as they existed at the time the unit was initially conveyed." 14.4 Re uired Asso6iti6W Covera e. The Assciat�on shall maintain adequate insurance covering the off a -E ements as well as atAsation Property, in amounts determined annually bi the Brcf:f Dl�edo`s, ``such in urce to afford the following protection: t 14.4.1 Pro a os �of dar g y ,e Ird, 4xtedded coverage (including 0 windstorm),,, a� li mis*&, ,m other hazards covered by what is coma `)y known as an 'All It*" prbpeo tract, if deemed necessary by the Board.,l ecognized that thejo is rIll own little (if any) property, and rfiay eleci` o'f-insure the same. 14.4.2 Liability. Pr sei,* 6nkliability for bodily injury and property damage in such limits`661) i 6 th such coverage as are determined by the Board of Directors. 14.4.3 Worker's Compensation. The Association shall carry Worker's Compensation insurance if applicable and required by law. in addition, the Association shall verify that all contracts entered into by the Association with a third party require such third party to furnish evidence of workers compensation coverage, if applicable. 14.5 Optional Association Coverage. The Association may purchase and cant' other such insurance coverage as the Board of Directors may determine from time to time to be in the best interest of the Association and Owners. Director's liability insurance may be obtained as an Association expense. 14.6 Description of Coverage. A summary of the coverage included in the master policies, and copies of a master policies, shall be available for inspection by Unit Owners or their authorized representatives upon request. 14.7 Premiums. Premiums for all insurance obtained and purchased by the Association shall be paid by the Association. The cost of insurance premiums, and other DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM • PAGE 15 OF 26 OR 5009 PG 2405 • • • incidental expenses incurred by the Association in administering and carrying out the provisions of this Section, shall be assessed against and collected from the Unit Owners as a Common Expense. 14.8 Insurance Proceeds. All insurance policies purchased by the Association shall be for the benefit of the Association, the Unit Owners and their mortgagees as their interests may appear, and all proceeds shall be payable to the Association. The duty of the Association shall be to receive such proceeds as are paid, and to hold the same in trust, and disburse them for the purposes stated herein and for the benefit of the Owners and their respective mortgagees in the following shares: 14.8.1 Common Elements. Proceeds on account of damage to Common Elements shall be held in as many undivided shares as there are Units, the shares of each Owner being the same as his share in the Common Elements. 14.8.2 Units. Proceeds u {, qage to one or more Units shall be held in undivided shraamount of damage within each damaged Unit a4 -q, w } age of the to -t&�rr age within all Units. 14.8.3 Mortga§ee/Ifa"ri 0rtgagee E shares of the moitga6t- d ihe�Ui no event shill an' proceeds t ` any, m in a orlmad except to tf e„p e�t�iAstk'apc6restoration Qf tyle provided, noilriigagee shall have improvement$hf;ie restored after een issued as to a Unit, the as their interests appear. In Ind application of insurance 0, hold against Unit or Units, !the actual cost of repair or ept as otherwise expressly gate in determining whether 14.9 Distribution of R d� p. � Proceeds _pPJ rdnce policies received by the Association shall be distribute t! `or'JM+ 11WOwners in the following manner: 14.9.1 Cost of Reconstruction or Repair. If the damage for which the proceeds are paid is to be reconstructed or repaired by the Association, the remaining proceeds shall be paid to defray the costs thereof. Any proceeds remaining after defraying costs shall be distributed to the beneficial Owners, remittances to Owners and their mortgagees being paid jointly to them. 15.9.2 Failure to Reconstruct or Repair. If it is determined in the manner elsewhere provided herein that the damages for which the proceeds are paid shall not be reconstructed or repaired, the remaining proceeds shall be distributed to the beneficial Owners, remittances to Owners and their mortgagees being payable jointly to them. 14.10 Association as Agent. The Association is hereby irrevocably appointed as agent for each Owner to adjust all claims arising under insurance policies purchased by the Association for damage or loss to the Condominium Property. 15. RECONSTRUCTION OR REPAIR AFTER CASUALTY. If any part of the Condominium Property is damaged by casualty, whether and how it shall be reconstructed or repaired shall be determined as follows: DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PAGE 16 OF 26 OR 5009 PG 2406 15.1 Damage to Units. Where loss or damage occurs within one or more Units, any Association insurance proceeds on account of the loss or damage, less the deductible, shall be distributed to the Owner(s) of the damaged Unit(s) in shares as provided in Section 15 above. The Owner(s) of the damaged Unit(s) shall be responsible for reconstruction and/or repairs, except that upon the failure or refusal of the Owner(s) to timely effect the repairs or reconstruction, the Association may thereafter complete the same as provided herein. 15.2 Damage to the Common Elements. Where loss or damage occurs to the Common Elements, the Association shall be obligated to repair, restore and rebuild the damage caused by the loss, and the following procedures shall apply: 15.2.1 The Board of Directors shall obtain, as soon as reasonably possible under the circumstances, reliable and detailed estimates of the cost of repair and restoration, and shall negotiate and contract for repair and reconstruction. 15.2.2 If the proceeds of'' -__ n for the cost of i, k Association shal}�(o " _ upon dl Assessmenta airast�all Owners in Elements for heefrciency:,, Such by the Owners. )rhe isp4i�lI Amies: for repair anid restwpWs0o�C 15.3 Applicati6n !of MsUraocc monies dis> ut$ d'%r rep`aiwa, d there is a bata in the funds held -i costs of rep restoration, such Owners, excepais ottlerwise provided )le reserves are insufficient to pay of the Common Elements, the f,of the deficiency, levy a special to,, their shares in the Common sess`Tents need not be approved Ihbe added to the funds available 4 be presumed that the first the insurance proceeds. If 4ion after the payment of all 11 be distributed to the .Unit above. 15.4 Equitable Relief. In ttte �bf'�otfe Common Elements which render any Unit unusable for its intende nd A age is not repaired, reconstructed, or rebuilt within a reasonable period of time by the Association, the Owner of the unusable Unit may petition a court for equitable relief, which may include a termination of the Condominium and a partition sale. For the purposes of this provision, it shall be presumed that repair, reconstruction or rebuilding has occurred within a reasonable period of time if work is commenced within six (6) months following the damage or destruction and is completed within twelve (12) months thereafter. 16. CONDEMNATION. 16.1 Deposit of Awards with Association. The taking of all or any part of the Condominium Property by condemnation or eminent domain shall be deemed to be a casualty to the portion taken and the awards for that taking shall be deemed to be proceeds from insurance on account of the casualty. 16.2 Determination Whether to Continue Condominium. If any portion of the Condominium Property is taken by condemnation, eminent domain or is conveyed to the governmental entity in lieu of condemnation, then the Condominium will continue unless all Unit Owners vote to terminate the Condominium. DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PAGE 17 of 26 • .7 • OR 5009 PG 2407 • 16.3 Disbursement of Funds. If the Condominium is terminated after condemnation, the proceeds of all awards and special Assessments will be deemed to be Condominium Property and shall be owned and distributed in the manner provided for insurance proceeds when the Condominium is terminated after a casualty. If the Condominium is not terminated after condemnation, but the size of the Condominium will be reduced, the Owners of condemned Units, if any, will be made whole. Proceeds of awards and special Assessments shall be used for these purposes and shall be disbursed in the manner provided for disbursements of funds after a casualty. 16.4 Association as Agent. The Association is hereby irrevocably appointed as each Owner's attomey-in-fact for purposes of negotiating or litigating with the condemning authority for the purpose of realizing just compensation. 16.5 Adjustment of Shares in Common Elements. The shares in the Common Elements shall be adjusted to reflect the ch"e in the total square footage of all Units in the condominium. Cot' • ' 16.6 Taking of CommdAa Oe rt ents. Awardsbr dking of Common Elements shall be used to make the reinaW�ri g portion of the Cor;IrRi n dements usable in a manner approved by the Board d Diroctai-977t%ebalangq Pf such'Awards, if any, shall be distributed to the Unit Owners in Xheare "hi they 6yvn the ommon Elements. If a Unit is • mortgaged, the remittance pond mortgagee(s) of the Unit. s ��a 16.7 Amendment a f: &i at' 6. ` n Te men t this-peclaration necessitated by condemnation need be' �*v�d%ed' on fhe tii�ers 16 h6 Units. The consent of lien holders is not required fior such amendment. "� f 17. TERM INATION%'ite-*,Condominium may betr%it�ated in the following manner in addition to the manner provide by`t#ae Conndominiura� 17.1 Agreement. The Condo rrthii ermmated at any time upon the consent of all Unit Owners and mortgagees with recorded mortgage interests. 17.2 General Provisions. Upon termination, the former Owners shall become the owners, as tenants-in-common, of all Condominium and Association Property and the assets of the Association. The shares of such tenants-in-common shall be the same as were their shares of the Common Elements immediately prior to such termination (unless otherwise agreed to in writing by the Owners and Mortgagees). The mortgagee or lienor of a Unit Owner shall have a mortgage or lien solely and exclusively upon the undivided share of such tenant -in -common's interest in and to the lands and other assets of the Association which it may become entitled to receive by reason of such termination. The termination of the Condominium shall be evidenced by a certificate of the Association, executed with the formalities of a deed, and certifying as to the facts effecting the termination. Termination shall become effective when the certificate is recorded in the Public Records of Collier County, Florida. 17.3 New Condominium. The termination of the Condominium does not bar creation of another Condominium affecting all or any portion of the same property. DECLARATION OF CONDOMINIUM OF PIPER BwD. LAND CONDOMINIUM PAGE 18 OF 26 OR 5009 PG 2408 17.4 Partition: Sale. Following termination, the former Condominium Property and Association Property may be partitioned and sold upon the application of any Unit Owner. If following a termination, one Unit Owner agrees to accept an offer for the sale of that Owner's property, all Owners shall be bound to execute deeds and other documents reasonably required to affect the sale. in that event, any action for partition of the Land and improvements thereon shall be held in abeyance pending the sale, and, upon the consummation of the sale, shall be discontinued by all parties thereto. 17.5 Last Board. The termination of the Condominium does not, by itself, terminate the Association. The members of the last Board of Directors and the officers of the Association shall continue to have the powers granted in this Declaration for the purpose of winding up the affairs of the Association. • 17.6 Provisions Survive Termination. The provisions of this Section 18 are covenants running with the land, and shall survive the termination of the Condominium until all matters covered by those provisions have t serf 18. ENFORCEMENT. 18.1 D to COr4, R -'t6-Sue.-..arh Own' r, tis or her tenants, and the Association shall be go*emdd b an�.shall-�-omply�with the', provisions of the Condominium Act, the Condominium gUoc � ons=of the Association. Actions for damages or for in lnc;, Fe,11 =r o l f il`q e�o comply may be brought by the • Association or by a Unite a f i 18.1.1 the 4s ation; y / 18.1.2 an Owni 18.1.3 Anyone who'"occiIOr isr 18.1.4 Any member of the Board of Directors who willfully and knowingly fails to comply with these provisions. 18.2 Waiver of Rights. The failure of the Association or any member to enforce a right, provision, covenant or condition which may be granted by the Condominium Documents shall not constitute a waiver of the right of the Association or member to enforce such right, provision, covenant or condition in the future. A provision of the Condominium Act may not be waived by a Unit Owner if the waiver would adversely affect the rights of the Owner or defeat the purpose of the provision, except that Unit Owners or Directors may waive notice of specific meetings as provided in the Bylaws. Any written instrument or instruction given by a purchaser or Unit Owner to an escrow agent may be relied upon by the escrow agent, whether or not such instruction and the payment of funds thereunder might otherwise constitute a waiver of any provision of the Condominium Act or the Condominium Documents. 18.3 Attorneys' Fees. In any legal proceeding arising out of an alleged failure of a Unit Owner, tenant, guest or the Association to comply with the requirements of the Condominium Act, the Condominium Documents, or the Association's rules and regulations, DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PAGE 19 OF 26 • OR 5009 PG 2409 as they may be amended from time to time, the prevailing party shall be entitled to recover the costs of the proceeding and such attorneys fees as may be awarded by the court. 18.4 No Election of Remedies. All rights, remedies and privileges granted to the Association or Unit Owners under the law and the Condominium Documents shall be cumulative, and the exercise of any one or more shall not be deemed to constitute an election of remedies, nor shall it preclude the party from exercising any other rights, remedies, or privileges that may be available. 19. RIGHTS OF MORTGAGEES. 19.1 Approvals. Written consent of the Institutional Mortgagee of a Unit shall be required for any amendment to the Declaration which would decrease the Unit's share of Ownership of the Common Elements, except as otherwise provided in Section 17. 19.2 Notice of Casualty or is �. n _ ifa the event of condemnation, eminent domain proceedings, or substarlttalS j�ge tfl, ct d,, ion of, any Unit or any part of the Common Elements, the reo rd r of any first T, e a on an affected Unit shall be entitled to notice. 19.3 First Mortgade Eorectosur U s oth�wise pf vidgd by taw, if the mortgagee of a first mortgage of rpbor ` tF 'Fardel as a result of foreclosure • of the mortgage, or as the "Spit oa a d`vi tau foreclosure, the mortgagee shall not be liable for such �ba ` oft }�C�_ pensos r Asso�sments attributable to the Condominium Parcel, a able to~thI er jSkAtie parcel, which came due prior to the, mortgagee's,aaq isition of title. If the re uir bo' mortgagee to be liable, the mortgagees liability shaJlelimited to the arra t_t by .taw. Any other person acquiring title shall pay '<6mount owed to the s6o n to record a Claim of Lien against the Unit and procedd,n "-,same manner, ed for the collection of unpaid Assessments. Any unpaid shalof� 'for which such acquirer is exempt from liability becomes a Con io =� e � +e from all Unit Owners, including such acquirer and his successors and assigns. No Owner or acquirer of title to a Unit by foreclosure, or by a deed in lieu of foreclosure, may be excused from the payment of any Assessments coming due during the period of such Ownership. 19.4 Redemption. If proceedings are instituted to foreclose any mortgage or lien on any Unit, the Association, on behalf of one or more Owners and with the permission of the mortgagee, may redeem the mortgage or lien for the amount due thereon and be thereby subrogated to all of the mortgagee's or lienor's rights of action, or the Association may purchase the Unit at the foreclosure sale. Any mortgagee shall have an unrestricted, absolute right to accept title to the Unit in settlement and satisfaction of the mortgage or to foreclose its mortgage in accordance with its terms, and to bid upon the Unit at the foreclosure sale. 19.5 Right to Inspect Books. The Association shall make available to institutional mortgagees requesting same, current copies of the Condominium Documents and the books, records and financial statements of the Association. "Available" shall mean ready for inspection, upon written request, during normal business hours, or under other reasonable circumstances. Photocopies shall be provided at the expense of the person requesting them. isDECLARATION OF CONDOMINIUM OF PIPER BLVD, LAND CONDOMINIUM PAGE 20 OF 26 OR 5009 PG 2410 19.6 Financial Statement. Any institutional mortgagee is entitled, upon written request, to a copy of the financial statement of the Association for the immediately preceding fiscal year. 19.7 Lender's Notices. Upon written request to the Association, any institutional mortgagee shall be entitled to timely written notice of. 19.7.1 Any sixty (60) day or longer delinquency in the payment of Assessments or charges owed by the Owner of any Unit on which it holds a mortgage. 19.7.2 Any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association. 19.7.3 Any proposed action that requires the consent of a specified percentage of mortgage holders. 20. DECLARANT'S RIGHTtI Notwithstanding , any other provision of this Declaration, prior to, and up,1 (90) days fo�lbv r onveyance of Unit 2 to an Owner other than the Declarant, the f6lkwmg provisions shall apply 20.1 Amendment/of I 'eclara �he Declarant shall have the right to amend the Declaration for any pdrpo4 , t under applicable law, without prior notice to or content ' or1 a'" 4th r hiths tanding the foregoing, the Declarant may not exe�rcis 'ts{ri ynet i ecti.1�%t proposed amendment will materially alter the bol -4,02i a �a nrt t bta tt eQnsent of the Owner of such Unit. An amendment �"o(ded pursuant to t j ec iory�, only be executed by the Declarant,. and shall not -fie the joinder of add, hdr�llr.I ner or Mortgagee nor shall such amendment require tl j( der of the Associatio" F ,, d 20.2 Assignment. All or atoitas; powers and immunities granted or reserved to the Declarant in the o i ocuments may be assigned by the Declarant to any person or entity without the consent of any other Owner or any holder of a mortgage secured by any Unit. In the event of the foreclosure of any mortgage owed by the Declarant, or deed in lieu of such foreclosure, the person first acquiring title to such interest by reason of such foreclosure, or deed in lieu of foreclosure, shall succeed to all rights, powers, privileges and immunities of the Declarant. 21. AMENDMENT OF DECLARATION. All amendments to this Declaration shall be proposed and adopted in the following manner: 21.1 Proposal. Amendments to this Declaration may be proposed by the Board of Directors or by written petition to the Board signed by an Owner. 21.2 Procedure. Upon any amendment or amendments to this Declaration being proposed as provided above, the proposed amendment or amendments shall be submitted to a vote of the members not later than the next annual meeting for which proper notice can still be given. Amendments to subdivide a Unit or alter the size or configuration of a Unit and which require only a vote of the Owners in the Unit(s) to be modified shall be submitted to a vote by the special procedures set forth below and in the Bylaws. DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PAGE 21 of 26 • • OR S009 PG 2411 • 21.3 Vote Required. Except as otherwise provided by law, or by specific provision of the Condominium Documents, this Declaration may be amended if the proposed amendment is unanimously approved by the Voting Interests. Alternatively, amendments may be adopted without a meeting following the procedure set forth in Section K of Article IV of the Bylaws. 21.4 Certificate; Recording. A copy of each adopted amendment shall be attached to a certificate that the amendment was duty adopted as an amendment to the Declaration, which certificate shall be in the form required by law and shall be executed by the President or Vice President of the Association with the formalities of a deed. The amendment shall be effective when the certificate and copy of the amendment are recorded in the Public Records of Collier County, Florida. 21.5 Enlargement of Common Elements. The Common Elements designated by this Declaration may be enlarged to add real property acquired by the Association through amendment of this Declaration. Th 'a d_�e st be approved by one hundred percent (100%) of the total Voting InterfsoXs�:y such amendment shall divest the Association of title and vest -tfie Owner��.Raming them and without further conveyance, in the same 17*1 wi on as the Percentage46rests. 21.6 Correction 91 • Condominium or in Ott r I the Association may c¢rre. Condominium Act. 21.7 Amendmenfk"rovision Relatina to' any Unit in the Condoh'.10L(n .for sale or lease amendment shall be aWe,, which changes adversely affecting the De' -rights hereur consent. 22. MISCELLANEOUS. or error in this Declaration of ( to ±establish the Condominium, g the procedures set forth in the hong as the Declarant holds ary course of business, no n relating specifically 'to or the Declarant's prior written 22.1 Severability. The invalidity or unenforceability in whole or in part of any covenant or restriction or any section, subsection, sentence, clause, phrase or word or other provision of this Declaration, or any recorded exhibit to this Declaration, shall not effect the remaining portions. 22.2 Applicable Statutes. The validity, application and construction of this Declaration and its recorded exhibits shall be governed by the Laws of Florida, particularly the Florida Condominium Act, as it exists on the date hereof. 22.3 Conflicts. If there is a conflict between any provision of this Declaration and the Condominium Act, the Condominium Act shall control. If there is a conflict between this Declaration and the Association's Articles of Incorporation or Bylaws, the Declaration shall control. 22.4 Interpretation. The Board of Directors is responsible for interpreting the provisions of this Declaration and its exhibits. Such interpretation shall be binding upon all parties unless wholly unreasonable. A written opinion rendered by legal counsel that an • DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PAGE 22 OF 26 OR 5009 PG 2412 • interpretation adopted by the Board is not unreasonable shall conclusively establish the validity of such interpretation. 22.5 Exhibits. There is hereby incorporated within this Declaration any materials contained in the exhibits hereto which, under the Condominium Act, are required to be part of the Declaration. 22.6 Singular, Plural and Gender. Whenever the context so requires, the use of the plural shall include the singular and the plural, and the use of any gender shall be deemed to include all genders. 22.7 Headings. The headings used in the Condominium documents are for reference purposes only, and do not constitute substantive matter to be considered in construing the terms and provisions of these documents. 22.8 Series Limitation of Liabi15-hereby given that (i) Lock Up — Evergreen Development Series LLC is opt t`'a�es'Cited liability company such that it establishes separate seriesfiite`d liability interests, as contemplated by Section 18-215(b) of the DeYvre Limited Liability C a. Act (the "Delaware Act"), and that the business of each sere eperated and manag"6,d as, a separate and independent business, and (ii) the dPts,, iabi#ttiml obligationi*d expenses incurred, contracted for or otherwise existing withFespe I t enforceable against the assets of such series only an not gin �th� sse ' ` L It Development Series LLC generally or any 4oth sb ries, r O nl s' otherwise provided in the Limited Liability Company Agreem =&kk reen elp nt Series LLC, none of the debts, liabilities, obligatii°o�n and expenses inched, ponra�td for or otherwise existing with respect to Lock Up' rgreen Developm 6 s d,l :;+generally or any other series thereof shall be enforcealil C inst the assets -of'sU 'Sdde°s ' 22.9 Limitation of Mane 1L. trlitu_.....tt._is��Vie sly understood and agreed by the parties that (a) this document is ci atii14�ed by Wilmington Trust Company, not "matrager of the Declarant, in the exercise of the individually or personally, but solely a5 powers and authority conferred and vested in it, pursuant to the Limited Liability Company Agreement of Lock Up — Evergreen Development Series LLC, a Delaware limited liability company with series, (b) each of the representations, undertakings and agreements herein made on the part of the Declarant is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Declarant, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any person claiming by, through or under the parties hereto, and (d) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Declarant or by liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Declarant under this Declaration or any other related documents. (Remainder of page intentionally left blank; signatures appear on following page) DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM • PAGE 23 OF 26 • .7 • OR 5009 PG 2413 IN WITNESS WHEREOF, the Declarant has executed this Declaration the day and year first above -written. Witness #1: Print Name: L...11 Witness #2: AV& ) Print Name: a itA ff o lfi_i STATE OF COUNTY OF LOCK UP - EVERGREEN DEVELOPMENT SERIES LLC, a Delaware limited liability Company By: WILMINGTON TRUST COMPANY, a Delaware trust company, not in its individual capacity but solely as manger of lock -Up E ergreen Development Seriex,- LLC xt N vette L. Howell The foregoing idstruir ' s dge b e i�i 8 2114 b vetteiowe t esi An Wilmington Trust Compan O'belaware trust comp nOt i „';individual capacity but solely as Manager of Lock Up -g een Developmenta a Delaware limited liability company, on behalf of the co r bion and companies.S is personally known to me or who produced € n, as iderltifit"aNfiinr, f Nota Public JACQUELINE SOLONE Notary Public - State of Dela. a; e `ttt t l ll1 /N Print N �� G�VEUNE SO �P. Gp M M!S • �•; (SEAL) s� o• FIRES 7-: MARCH 9, 2015 i ,O C, • �' DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PAGE 24 OF 26 OR 5009 PG 2414 JOINDER OF MORTGAGEE The undersigned, being the holder of that certain Mortgage, Security Agreement and Fixture Filing with Assignment of Leases and Rents dated March 1, 2013, and recorded on March 6, 2013 in Official Records Book 4893, Page 0080, and that certain Assignment of Leases and Rents dated March 1, 2013 and recorded March 6, 2013, in Official Records Book 4893, Page 0098, all of the Public Records of Collier County, Florida (collectively, the "Mortgage"), executed by Lock Up — Evergreen Development Series LLC, a Delaware limited liability company, for the applicable series, in favor of The Prudential Insurance Company of America, a New Jersey Corporation, hereby consents to the execution, delivery and recording of the Declaration of Condominium of Piper Blvd. Land Condominium, a commercial land condominium (the "Declaration") and hereby agrees that, with respect to the property submitted to, and described in Exhibit "A" of the Declaration, the lien and encumbrances of the Mortgage shall be, and is hereby, made subject to the terms, conditions and provisions set forth in the Declaration;. IN WITNESS WHEREOF, they first above -written. �-- N 1 r U Witness #17 Print Name: Witness #2. Print Name: STATE OF �x )SSS` --� COUNTY OF ,)tj 61' ) -e, ._. Declaration the day and year trance Company Jersey corporation The foregoing instrument was acj�n Iedggd be red m his day of Y g g 2014, by �Yv. 'v` TIV k C- as i ��kxfof The Prudential Insu nce Company of Am ca, New Jersey "'oration on behalf of the corporation. He/She is personally known to me or who produced identification. I NPuttic�m` t4 ° -�1(SEAL) KA- Print - Pa I;'-!'j_ HODGES DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PACE 25 OF 26 • r� u • OR 5009 PG 2415 • • Index of Exhibits Exhibit 'A' — Legal Description of Condominium Exhibit 'B' — Survey of Land, Legal Descriptions of each Unit Exhibit 'C' — Articles of Incorporation Exhibit 'D* — Bylaws j� ` t� 3 ik'�.-�` t •� � {tom r DECLARATION OF CONDOMINIUM OF PIPER BLVD. LAND CONDOMINIUM PACE 26 OF 26 OR 5009 PG 2416 Exhibit "A" LEGAL DESCRIPTION; A PORTION OF BLOCK B, PALM RIVER ESTATES UNIT No. 4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8, AT PAGES 69 AND 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF BLOCK B. PALM RIVER ESTATES UNIT No. 4. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PAGES 69 µO PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; 8926'27" WEST. ALONG THE SOUTH LINEr 0 ID BLOCK 8 A fVE NORTH LINE OF PIPER BOULEVARD. A 6 OT WIQE RIGHT—DFL IAY, FOR A DISTANCE OF 514.13 FEET; TH�NCC°' RLTR- NOf;t-TH-Q( OF 310.00 FEET; THENCt 9 8 THE SOUTH LINE O> 81*' ; THENCE RUN SOUTH, 0, '3 AVI 0 THENCE RUN NOR*r,, 6 OF BLOCK B. FOR )l.�SE 2 00'38'55" WEST FOR,',4,`OISTANCE OF 49 89'21'05" EAST FOR � ��`'{�1hSTANCE OF 17 EAST UNE OF SAID BCQ'CK'`,,Q AND THE SAID POINT BEING 275.78ClT,SOUTN OF SAID BLOCK B; THENC� EAST LINE OF SAID BLOCK B. A THE POINT OF BEGINNING. 0',33'33" ��&S� FOR A DISTANCE �9`2'27" 6ASTL PARALLEL WITH � t 12,9.00 FEET; I NCE ,OF 70.00 FEET. A L %'ATH SOUTH LINE RUN NORTH JEST;T�CE NCE RUN NORTH 1.2 L` A POINT ON THE. WEST-, EF CYPRESS WAY, OF "RTHEAST CORNER EAST. ALONG THE ANCE OF 289.78 FEET TO CONTAINING 3.235 ACRES, MORE OR LESS. • 0 OR 5009 PG 2417 EXHIBIT B (Exhibit "B" consists of a total of 9 pages) PIPER BLVD. LAND CONDOMINIUM, A COMMERCIAL LAND CONDOMINIUM Certificate of Surveyor The undersigned, being a surveyor authorized to practice in the State of Florida, pursuant to Section 718.104(4) (e), Florida Statutes, hereby certifies that the attached Exhibit `B" to the Declaration of Condominium, together with the provisions of the Declaration of Condominium describing the condominium property, is an accurate representation of the location and dimensions of the units. Each unit within the Condominium can be determined from these materials. Since the Condominium is a land condominium (and, by the terms of the Declaration to which _ 's yerti$cate is attached, specifically excludes all improvements), there are no m `' t ojruch a certification of substantial completion is or will be requiA- y` /C_.. • Stephen E. Berry Professional Surveyor anc, Itpier Florida Certificate No. 5'9� �;`` NOT VALID WITHOU�,,`4 E SIGNATURE AI ` THE ORIGINAL RAISED; L OF A FLORIDe°� LICENSED SURVEYOR AAPPER DATE SIGNED:M` 0 00 v N d • LOCATION MAP NOT TO SCALE N W e 4 E �s� SCALE: 11' - 300' p�- 1-50 I�300' • • LEGEND ' P.O.B. I LEGAL DESCRIPTION; ., SITE OFFICIAL RECORDS BOOK U PG. i TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8, AT PAGES 69 P.B. BLUEBILL AVE PIPER L.S. LICENSED SURVEYOR BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: IUMOKALEE ROAD LICENSED BUSINESS FLORIDA ADMINISTRATIVE CODE BEGINNING AT THE SOUTHEAST CORNER OF BLOCK B, PALM RIVER F.I.R,M. c ESTATES UNIT No. 4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PACES 69 AND 70 OF THE PUBLIC RECORDS OF NCVD NATIONAL GEODETIC VERTICAL DATUM 1929 COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 8926'27' WEST, ELEV ELEVATION ALONG THE SOUTH UNE OF SAID BLOCK 0 AND THE NORTH LINE OF ' o PIPER BOULEVARD, A 60 FOOT WIDE RIGHT-OF-WAY, FOR A DISTANCE • S OF 514,13 FEET; THENCE RUN NORTH 00'33'33' WEST FOR A DISTANCE _ w to cn N8921'05"E N 'n E62 � o $ X VAND RBILT BE H ROAD m FDC FIRE DEPARTMENT CONNECTION THENCE RUN SOUTH 00'33'33" EAST FOR A DISTANCE OF 70.00 FEET; BFI THENCE RUN NORTH 8926'27" EAST, PARALLEL WITH THE SOUTH LINE N W e 4 E �s� SCALE: 11' - 300' p�- 1-50 I�300' • • LEGEND ' P.O.B. POINT OF BEGINNING LEGAL DESCRIPTION; O.R. OFFICIAL RECORDS BOOK A PORTION OF BLOCK B, PALM RIVER ESTATES UNIT No. 4, ACCORDING PG. PAGE TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8, AT PAGES 69 P.B. PLAT BOOK AND 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, L.S. LICENSED SURVEYOR BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LB F.A.C. LICENSED BUSINESS FLORIDA ADMINISTRATIVE CODE BEGINNING AT THE SOUTHEAST CORNER OF BLOCK B, PALM RIVER F.I.R,M. f100D INSURANCE RATE MAP ESTATES UNIT No. 4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PACES 69 AND 70 OF THE PUBLIC RECORDS OF NCVD NATIONAL GEODETIC VERTICAL DATUM 1929 COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 8926'27' WEST, ELEV ELEVATION ALONG THE SOUTH UNE OF SAID BLOCK 0 AND THE NORTH LINE OF O FOUND IRON ROD 5/8' (10 AS SHOWN) PIPER BOULEVARD, A 60 FOOT WIDE RIGHT-OF-WAY, FOR A DISTANCE • SET IRON ROD 5/8' LB#6753 OF 514,13 FEET; THENCE RUN NORTH 00'33'33' WEST FOR A DISTANCE _ w to cn N8921'05"E N 'n E62 OF 310.00 FEET; THENCE RUN NORTH 8926'27" EAST, PARALLEL WITH $ SET DRILL HOLE IN CONCRETE THE SOUTH LINE OF BLOCK B, FOR A DISTANCE OF 129.00 FEET; m FDC FIRE DEPARTMENT CONNECTION THENCE RUN SOUTH 00'33'33" EAST FOR A DISTANCE OF 70.00 FEET; BFI THENCE RUN NORTH 8926'27" EAST, PARALLEL WITH THE SOUTH LINE m ,,-"SANITARY vDACKFLOW'PREVENTOR MN-� OF BLOCK B, FOR A DISTANCE OF 213.76 FEET; THENCE RUN NORTH FOR A DISTANCE OF 49.51 FEET; THENCE RUN NORTH (D TELpBONE E. CE'• 00'38'55" WEST THE IC SERVIC'C 89'21'05' EAST FOR A DISTANCE OF 171.25 FEET TO A POINT ON TR UG PAD " EAST LINE OF SAID BLOCK 8 AND THE WEST LINE OF CYPRESS WAY, SAID POINT BEING 275.78 FEET SOUTH OF THE NORTHEAST CORNER ° S',p°� FIR� H• BASIN Q....,,._�... - } OF SAID BLOCK B; THENCE RUN SOUTH 00'35'50" EAST, ALONG THE EAST LINE OF SAID BLOCK B. FOR A DISTANCE OF 289.78 FEET TO O CA1RI THE POINT OF BEGINNING. BLOCK B DETAIL BLOCK C V N89'26'27"E 1354,25 REMAINDER OF BLOCK B PALM RIVER ESTATES UNIT No. 4 P.B, 8, PGS 69-70 PARCEL N89'26'27"E 129.00 0 11110 M 0 ci O M Z — — 589'26'27"W PIPER BOULEVARD 60' RIGHT OF WAY - NOTE: SEE SHEET 2 OF 2 FOR SKETCH OF BOUNDARY SURVEY SHEET 1 OF 2 WA R EY TER 7 WA�E ' CONTAINING 3.235 ACRES, MORE OR LESS 213.76 � O I{ I T NOTES: Ln I DESCRIR,ED FRCPERTY WAS SURVEYED UNDER MY RESPONSIBLE 1.) BEARINGS SHOWN REFER TO THE WEST LINE OF THE PROPERTY coo' in DESCRIBED HEREON AS BEING NDO'33'33"W. 49.51 N 2) THIS PROPERTY 1S SUBJECT TO EASEMENTS, RESERVATIONS OR STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL RESTRICTIONS OF RECORD. t 3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. 8 r } qq 4.) THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER 3 f 1 4K A' 5.) THIS PROPERTY IS LOCATED IN FLOOD TONE AE ELEV 9.0 NGVD 1929, o PER F.I.R.M. COMMUNITY PANEL No. 12021C 019H, DATED MAY 16, 2012, F.A.C. PURSUANT TO SECTION 472.027 FLORIDA STATUTES. 6.) LEGAL DESCRIPTION PROVIDED BY CLIENT. 7.) FOR THE PURPOSE OF THIS SURVEY, ONLY IMPROVEMENTS WITHIN 5 z FEET OF THE BOUNDARY LINE HAVE BEEN LOCATED AND SHOWN. THERE _ w to cn N8921'05"E N 'n E62 ARE ADDITIONAL IMPROVEMENTS INCLUDING BUT NOT LIMITEDTO H I 140: 171.25 0p4,, BUILDINGS, PAVED PARKING AREAS AND DRIVES, CONCRETE WALKS AND o 3"E \\ CURBS. ALONG WITH ABOVE GROUND AND SUBSURFACE UTILITIES THAT HAVE NOT BEEN LOCATED OR SHOWN. I �•ip EXIST AND N89� 26'27"E w CERTIFICATION: OF THE HEREON 213.76 � O 1 HEREBY CERTIFY TIIAT THIS BOUNDARY SURVEY Ln I DESCRIR,ED FRCPERTY WAS SURVEYED UNDER MY RESPONSIBLE N00'38'55"W coo' in CHARGE ON 11/27/11. THIS SURVEY MEETS THE MINIMUM TECHNICAL 49.51 N fn STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL -� p LAND SURVEYORS IN CHAPTER 61C17-6 AND CHAPTER 5J -17.D5, 514.13 N F.A.C. PURSUANT TO SECTION 472.027 FLORIDA STATUTES. —1354.63— — BOUNDARY SURVEY, PALM RIVER PLAT BOOK STEPHEN E. BERRY, STATE OF FLOR A, (.S. j5296) BBLS SURVEYORS k MAPPERS INC. (L.B. #6753) A PORTION OF BLOCK B, THIS INSTRUMENT PREPARED BY E.ESTATES UNIT 4, BBLSPHEN SURVEY RSRRY& MAPP, PLSERS INC. 8, PAGES 69--70 1502-A RAIL HEAD BLVD. NAPLES, FLORIDA 34110 (239) 597-1315 FIR NO ID N89'26'27"E II Ce ❑ Ce 0 C! O_ CO Z l O WOO 0 D- uo Z J DID zu- Qo w z ce FIR N w OD IUD 129.00 NO ID d 4 wtl co w E a 0 REMAINING StR N89°21'05'E w s PORTION �r 0 co O SCALE: 1' - 60' OF BLOCK 8 PAVEMENT cl) O O0•30' 60' CONCREpUMPSTER P No IID N89 -26-27"E PICONCRETE 213.76 UMPSTER PAp CURB PAVEMENT kSOUTH LINE OF CL BLOCK B FP&L EASEMENT ❑ OR 4366, PG 1549 FIR d�--'------------ -c- N�#I--- NE CORNER OF BLOCK B n 171.25 a J lr8 FIR � { LL O .. w OD IUD , {� 4 wtl co N a A 6 YYP F -c- N�#I--- NE CORNER OF BLOCK B n 171.25 a J lr8 FIR � { LL O • w OD IUD {� {° O O co N a w cr s� FP&L EASEMENT OR 4366, PG 1549 {W (Lo Ito i {° O O i P. 0. B. { V) SDH { W SE CORNER v FP&L EASEMENT BLOCK B { OR 4366, PG 1549 — UTUTY EASEMENT { (PER PLAT) O BD, —514.13 ,n { Wff4TTrWALK- 3000 CONCRETE CURB PAVEMENT — CENTERLINE — — — PAVEMENT NOTE: SEE SHEET 1 OF 2 FORBOUNDARY SURVEYA PORTION OF BLOCK B, THIS INSTRUMENT PREPARED BY LEGAL DESCRIPTI ' NOTES, LEGEND , PALM RIVER ESTATES UNIT 4, BB SSTEP SURVEYOHEN E. RS & MAPPERS RY. PLS Z ANDCERTIFICATION. INC. PLAT BOOK 8PAGES 69-70 1502-A RAIL HEAD BLVD. , SHEET 2 OF 2 NAPLES, FLORIDA 34110 (239) 597-1315 0 0 0 O 0 Ln ad 0 SHEET 1 OF 2 PIPER BLVD. LAND CONDOMINIUM, A COMMERCIAL LAND CONDOMINIUM UNIT 1 LEGAL DESCRIPTION, A PORTION OF BLOCK B, PALM RIVER ESTATES UNIT 4, PLAT BOOK 8, PAGES 69-70 LOCATION MAP NOT To SCALE LEGAL DESCRIPTION, A PORTION OF BLOCK B. PALM RIVER ESTATES UNIT No, 4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK B. AT PAGES 69 AND 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COY1iENCE AT THE SOUTHEAST CORNER OF BLOCK B, PALM RIVER ESTATES UNIT No. 4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PAGES 69 AND 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89'26'27" WEST, T f -IALONG THE SOUTH LINE OF SAID BLOCK B AND THE NORTH LINE OF 1 PIPER BOULEVARD. A 60 FOOT WADE RICHT-OF-WAY, FOR A DISTANCE QF 171.00 FEET TO 1W PONT OF BEGINNING; THENCE CONTINUE y TH 89'26'27" WEST, ALONG THE SOUTH LINE OF SAID BLOCK B THE NORTH LINE OF PIPER BOULEVARD, A 60 FOOT WIDE `F -WAY, FOR A DISTANCE OF 343.13 FEET; THENCE RUN gF r {J 000'33'33' WEST FOR A DISTANCE OF 310.00 FEET; THENCE a kaN,,)N TH 89'26'27" EAST, PARALLEL NTH THE SOUTH LINE OF > ukoesFOR A DISTANCE OF 129.00 FEET; THENCE RUN SOUTH 043 i EAST FOR A DISTANCE OF 70.00 FEET; THENCE RUN NORTH dz, 89}26'2, EAST, PARALLEL WITH THE SOUTH UNE OF BLOCK B, FOR A T$ 01 T%MfC OF 213.76 FEET; THENCE RUN SOUTH 00'38'55' EAST FOR v° A ISITAICE OF 240.00 FEET TO 1HE POINT OF BECNNING. PB Ly,' CONTAINS 2.097 ACRES, MORE OR LESS. ! ;`.. k) BEARINGS SHOWN REFER TO THE SOUTH UNE OF BLOCK B. PALM 'RIVER ESTATES UNIT No. 4, ACCORDING TO THE PLAT THEREOF i:" ' RECORDED IN PLAT BOOK 8 AT PAGES 69 AND 70 OF THE PUBLIC LL.". p RECORDS OF COLLIER COUNTY, FLORIDA AS BEING SOUTH 8976'27" M WEST. 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. 3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. 4.) SEE. SHEET 2 OF 2 FOR SKETCH OF DESCRIPTION STEPHE�EBV61Y �RIOA, S. 15296) B8LS SURVEYORS & MAPPERS INC. (L.B. 16753) THIS INSTRUMENT PREPARED BY STEPHEN E. BERRY, PLS #5296 BBLS SURVEYORS & MAPPERS INC. 1502—A RAIL HEAD BLVD. NAPLES, FLORIDA 34110 (239) 597-1315 SITE BLUEDILL AVE PIPER IMMOKALEE ROAD 1� 31 VAN D R 71 ROAD s A { t i l �C LEGEND P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING PC. PACE P.D. PLAT BOOK L.S. LICENSED SURVEYOR LD LICENSED BUSINESS LEGAL DESCRIPTION, A PORTION OF BLOCK B. PALM RIVER ESTATES UNIT No, 4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK B. AT PAGES 69 AND 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COY1iENCE AT THE SOUTHEAST CORNER OF BLOCK B, PALM RIVER ESTATES UNIT No. 4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PAGES 69 AND 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89'26'27" WEST, T f -IALONG THE SOUTH LINE OF SAID BLOCK B AND THE NORTH LINE OF 1 PIPER BOULEVARD. A 60 FOOT WADE RICHT-OF-WAY, FOR A DISTANCE QF 171.00 FEET TO 1W PONT OF BEGINNING; THENCE CONTINUE y TH 89'26'27" WEST, ALONG THE SOUTH LINE OF SAID BLOCK B THE NORTH LINE OF PIPER BOULEVARD, A 60 FOOT WIDE `F -WAY, FOR A DISTANCE OF 343.13 FEET; THENCE RUN gF r {J 000'33'33' WEST FOR A DISTANCE OF 310.00 FEET; THENCE a kaN,,)N TH 89'26'27" EAST, PARALLEL NTH THE SOUTH LINE OF > ukoesFOR A DISTANCE OF 129.00 FEET; THENCE RUN SOUTH 043 i EAST FOR A DISTANCE OF 70.00 FEET; THENCE RUN NORTH dz, 89}26'2, EAST, PARALLEL WITH THE SOUTH UNE OF BLOCK B, FOR A T$ 01 T%MfC OF 213.76 FEET; THENCE RUN SOUTH 00'38'55' EAST FOR v° A ISITAICE OF 240.00 FEET TO 1HE POINT OF BECNNING. PB Ly,' CONTAINS 2.097 ACRES, MORE OR LESS. ! ;`.. k) BEARINGS SHOWN REFER TO THE SOUTH UNE OF BLOCK B. PALM 'RIVER ESTATES UNIT No. 4, ACCORDING TO THE PLAT THEREOF i:" ' RECORDED IN PLAT BOOK 8 AT PAGES 69 AND 70 OF THE PUBLIC LL.". p RECORDS OF COLLIER COUNTY, FLORIDA AS BEING SOUTH 8976'27" M WEST. 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. 3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. 4.) SEE. SHEET 2 OF 2 FOR SKETCH OF DESCRIPTION STEPHE�EBV61Y �RIOA, S. 15296) B8LS SURVEYORS & MAPPERS INC. (L.B. 16753) THIS INSTRUMENT PREPARED BY STEPHEN E. BERRY, PLS #5296 BBLS SURVEYORS & MAPPERS INC. 1502—A RAIL HEAD BLVD. NAPLES, FLORIDA 34110 (239) 597-1315 0 PIPER BLVD. LAND CONDOMINIUM, N A COMMERCIAL LAND CONDOMINIUM NOTE: SEE SHEET 1 OF 2 w E FOR NOTES, LEGEND AND N89"26'27"E 129.00 Q 0 LEGAL DESCRIPTION w s — pj o SCALE: 1' - 60' N89'21'05"E 171.25 'a) o STI I 0' 30' 60' REMAINING PORTION OF BLOCK B N89°26'27"E 213.76 0 O m an0 m U u m I 00 O N ro m N 4fl 0 0 ¢ � O UNIT 2 w (CONTAINS 1.138 ACRE, cli MORE OR LESS) cnF w (CONTAINSih 97 A E MORE! LESS)LAI L' t`A kt "•' ' - ,�f f`'co "oo Lo cl)fco n x �3 ,0 3 0 of ,, " ' EO 1n P.O.C.P0CIFX z `+. _r,r SE CORNER BLOCK B m a o PALM RIVER ESTATES D .. o UNIT 4, SOUTH LINE OF _._'` "' z P.B. 8, PGS 69-70 V BLOCK B P.O.B. S89.26'27"W 343.13 sas zs'27"w 171.00 PIPER BOULEVARD 60' RIGHT OF WAY SKETCH TO ACCOMPANY LEGAL DESCRIPTION, THIS INSTRUMENT PREPARED BY A PORTION OF BLOCK B, PALM RIVER ESTATES UNIT 4, do STEPHEN E. BERRY, PLS BELS SURVEYORS MAPPERSRS INC.IN 1502-A RAIL HEAD BLVD. SHEET 2 OF 2 PLAT BOOK 8, PAGES 69-70 NAPLES, FLORIDA 34110 (239) 597-1315 • • N N d N u a SHEET 1 OF 2 • PIPER BLVD. LAND CONDOMINIUM, A COMMERCIAL LAND CONDOMINIUM UNIT 2 LEGAL DESCRIPTION, A PORTION OF BLOCK B, PALM RIVER ESTATES UNIT 4, PLAT BOOK 8, PAGES 69-70 LEGAL DESCRIPTION; LOCATION MAP NOT TO SCALE A PORTION OF BLOCK B, PALM RIVER ESTATES UNIT No. 4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8, AT PAGES 69 AND 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, D T BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: SITE BEOW AT THE SOUTHEAST CORNER OF BLOCK B. PALM RIVER ESTATES UNIT No. 4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PAGES 69 AND 70 OF THE PUBLIC RECORDS OF COLLIER VLUAP�ER # COUNTY, FLORIDA: THENCE RUN SOUTH 89'26'27' WEST, ALONG THE i OAD s ;ri , SOUTH UNE OF SAID BLOCK B AND THE NORTH LINE OF PIPER BOULEVARD, A 60 FOOT WIDE RIGHT—OF—WAY, FOR A DISTANCE OF .. 1 "171.00 FEET; THENCE RUN NORTH 00'38'55' WEST FOR A DISTANCE 289.51 FEET; THENCE RUN NORTH 89'21'05" EAST FOR A PMIANCE OF 171.25 FEET TO A POINT ON THE EAST LINE OF SAID BLiB AND THE WEST LINE Of CYPRESS WAY, A 60 F00T MADE SNEOFSADENCE RUN SOUTH 00*35'50' ST, ALONG THE BLOCK 13 AND THE WEST LINEAOF CYPRSS WAY, i4 E�i ROAD : F R i , ISTANCE OF 289.78 FEET TO THE POWT OF BEGMNQ PE4CONTAINS 1.138 ACRE, MORE OR LESS. _ �9 { �X r'!SRIVBEARINGS SHOWN REFER TO THE SOUTH UNE OF BLOCK B, PALM F q ER ESTATES UNIT No. 4, ACCORDING TO THE PLAT THEREOF e RECORDS OF COLDER COUNTY, CORDED IN PLAT BOOK 8 TFLORDA AS BEING SOUTH 89'26'PACES 69 AND 70 OF THE 47' WEST. LEGEND P.O.B. POINT OF BEGINNING PG. PACE P.B. PLAT BOOK L.S. LICENSED SURVEYOR LB LICENSED BUSINESS 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. 3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. 4.) SEE SHEET 2 OF 2 FOR SKETCH OF DESCRIPTION STEPHEN E. BERRY, STATE OF FLORI A, (L. . 15296) BELS SURVEYORS & MAPPERS INC. (L.O. #6753) THIS INSTRUMENT PREPARED BY STEPHEN E. BERRY, PLS #5296 BBLS SURVEYORS & MAPPERS INC. 1502—A RAIL HEAD BLVD. NAPLES, FLORIDA 34110 (239) 597-1315 m N a N a a, 0 0 x 0 is PIPER BLVD. LAND CONDOMINIUM, N Ar—COMMERCIAL LAND CONDOMINIUM W b E I N89'26'27"E 129.00 5 ui SCALE: 1' - 60' M o O 0' 30' 60' M p O f` soil REMAINING PORTION OF BLOCK 8 N89'26'27"E 213.76 NOTE: SEE SHEET 1 OF 2 FOR NOTES, LEGEND AND LEGAL DESCRIPTION N89°21'05"E 171.25 m cc r - U co O N coaj m c%j Ll UNIT 2 Z N (CONTAINS 1.138 ACRE, MORE OR LESS) W (CONTAIN 97 ACRE, t "" MORE LESS) s 3 I in00 tn p n a, ,7"s'\ 'r 1� ;n � o �g > to � 0 0 P. 0. B. o w o SE CORNER BLOCK Ba o co ul °ww, ' PALM RIVER ESTATES O SOUTH LINE OF __- • Z P.B. Bu NIT 4 PGS69-70 V BLOCK B S89'26'27"W 589'26'27"W 343.13 171.00 PIPER BOULEVARD 60' RIGHT OF WAY SKETCH TO ACCOMPANY LEGAL DESCRIPTION, THIS INSTRUMENT PREPAREDI BY STEPHEN E. BERRY, PLS /{5296 A PORTION OF BLOCK B, PALM RIVER ESTATES UNIT 4, BBLS SURVEYORS & MAPPERS INC. 1502-A RAIL HEAD BLVD. SHEET 2 OF 2 PLAT BOOK 8, PAGES 69-70 NAPLES, FLORIDA 34110 (239) 597-1315 • C7 • • • N W O 4 E REMAINING PORTION N89'26'27"E 129.00 w Q Q OF BLOCK B N89.21'05"E 171.25 coc p p SCALE: 1' - 60• 0 00 o ao 6o N00'38'55"W p 49.51 V) N89'26'27"E 213.76 op m co N Y CA M _ Cn m co Gor (-sem o uNrr z ci N (CONTAINS 1.138 ACRE, N --A MORE OR LESS) a UIT ( CONTAINS97 ACE �-a MORE § s(��p[�a LESS) €`w c4 ti I s r, a o a YJ z En SOUTH LINE OF BLOCK B 343.13 171.00 S89'26'27"W 514.13 _ PIPER BOULEVARD _ - -" — 60• RIGHT OF WAY NOTE: SEE BOUNDARY SURVEY BY THIS PIPER BLVD. LAND CONDOMINIUM, THIS INSTRUMENT PREPARED BY OFFICE FOR SKETCH OF SURVEY, STEPHEN E. BERRY, PILS526 LEGAL DESCRIPTION, IMPROVEMENTS, A COMMERCIAL LAND CONDOMINIUM BBLS SURVEYORS & MAPPERS INC. EASEMENTS, NOTES, LEGEND 502—A RAIL HEAD PLOT PLAN NAPLES' FLORIDA 34110 (239)V597-1315 AND CERTIFICATION. rn 0 0 LAw 0 0 REMAINING PORTION N OF BLOCK B LINE TABLE I W 4 E LINE BEARING DISTANCE N89'26'27"E 129.00 Q Q u NOO*17'06'W 14.77 w L2 N89'46'32"E 27.59 LS s 3 L3 N00'17'06"W 14.77 `�° L2 Q � j `� o , SCALE: r - 50' L4 N89'46'32'E 27.59 -1M -to o DRAINAGE EASEMENT ,M o 1 LS N89'21'05'E 9.35 (Y' J-' N a o (DRY DETENTION AREA) o ^ °' 30' B0 L6 Soo'38'55'E 10.29 L4 \ o N DUMPSTER \ z EASEMENT \ \ 30.00 S89'26'27"W 129.00 _ \ 1 m� Y U O J z o0 UNIT 2 I CONTAINS 1.138 ACRE, 00 " Z m .,..` MORE OR LESS) 'Inc } 0 zx �} o U gyp' i C:.;: "! "I`+ FP&L EASEMENT w (CONTAINS97 ACME OR 4366, PG 1549 � MORE � LESS) H b ?> W T o cn w..� C SOUTH LINE OF �, . •'� °. I V BLOCK B FP&L EASEMENT FP&L EASEMENT OR 4366, PC 1549 UTLITY EASEMENT OR 4366, PG 1549 — — — — (PER PUT) — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 30.00 — — PIPER BOULEVARD- - 60' RIGHT OF WAY 30.00 NOTE: SEE BOUNDARY SURVEY BY THIS PIPER BLVD. LAND CONDOMINIUM, THIS INSTRUMENT PREPARED BY STEPHEN E. BERRY, PLS #5296 OFFICE FOR SKETCH OF SURVEY, A COMMERCIAL LAND CONDOMINIUM BELS SURVEYORS & MAPPERS INC. LEGAL DESCRIPTION, IMPROVEMENTS, 1502-A RAIL HEAD BLVD. NOTES, LEGEND AND CERTIFICATION. EASEMENTS NAPLES, FLORIDA 34110 (239) 597-1315 is OR 5009 PG 2426 Exhibit "C" ARTICLES OF INCORPORATION OF PIPER BLVD. LAND CONDOMINIUM ASSOCIATION, INC. The undersigned incorporator, for the purpose of forming a corporation not-for- profit pursuant to Chapter 617, Florida Statutes, and the laws of the State of Florida, hereby adopts the following Articles of Incorporation (the 'Articles' or 'Articles of Incorporation"). PREAMBLE .. I-. Lock Up - Evergreen Development Series LLC, a Delaware limited liability company ("Declarant") owns certain property in Collier County, Florida, (the "Land") and intends to execute and record a Declaration of Condominiuftl of Piper Blvd. Land Condominiu5- am ercia! Land Condominium (the "Declaration") which will encu rpbe t itr x rid i ' ssociation is being formed as the Association to admir}is�i3eclaratloirt�i perform the duties and exercise the powers purl riL.t� he Declaration, as ' when the Declaration is recorded in the Public Re" or sr er Coun Flonda, %Wh these Articles of fe_.._. _.� , Incorporation attached r -as 2in " ' . All o� "thie defir0ons contained in the Declaration shall apply #o tf 1 I tignd td the Bylaws of the Association. t €E f A 4 4 i=� I -NAME AND)TRE$S ` The name of the ation is PIPER B tND CONDOMINIUM ASSOCIATION, INC., her �Whe rred to as tGm4�ssociation". The initial address of the principal office ` Iiafl>temitial mailing address of the Association is 800 Frontage rtl�ifi f lirtois 60093. ARTICLE 11- PURPOSE The purposes for which the Association is organized are as follows: 1. To operate as a corporation not-for-profit pursuant to Chapter 617, Florida Statutes. 2. To enforce and exercise the duties of the Association as provided in the Declaration. 3. To promote the health, safety, welfare, comfort and economic benefit of the members of the Association. ARTICLE III - POWERS AND DUTIES The Association shall have the following powers and duties: ARTICLES OF INCORPORATION OF PIPER BLVD. LANo CONOOMINIum AssoctATION, INc. PAGE 1 of 7 Y? ry C • .7 • OR 5009 PG 2427 1. All of the common law and statutory powers of a corporation not-for-profit under the laws of the State of Florida. 2. To administer, enforce, carry out and perform all of the acts, functions, rights and duties provided in or contemplated by the Declaration, including but not limited to, the following: A. To own, purchase, sell, mortgage, encumber, lease, administer, manage, operate, maintain, improve, repair and/or replace real and personal property. B. To make and collect Assessments against Owners to defray the costs, expenses and losses incurred or to be incurred by the Association and to use the proceeds thereof in the exercise of the Association's powpts-and-duties.� C. To enforcele +visit5ri5 `t�M13ration, these Articles and the BylaWS. , D. To ra'akeR es%b is Ti anderaf m,reasor blelfules and regulations gov mirtfj th usi: f U , Com%on Elements and other property un er t` i ia{ati n1 i • E. Toig, , a d d', a" ` s, a d o dedicate property owned by °the. } !ic o i; Pc agency, authority or ` i \company for public, i ijity, cjrair ,,and cable television F. To boribiv paoney for the purposes cf carlying out the powers and duties of ss yca ion. ! `e G. To exercise control~over�fions, additions, improvements, or changes in accordance with the terms of the Declaration. K To obtain insurance as provided by the Declaration. I. To employ personnel necessary to perform the obligations, services and duties required of or to be performed by the Association and for proper operation of the properties for which the Association is responsible, or to contract with others for the performance of such obligations, services and/or duties. J. To sue and be sued. ARTICLES IV — MEMBERS The members of the Association shall consist of all of the record Owners of Units. Membership shall be established as to each Unit upon the recording of the Declaration. Upon the transfer of ownership of fee title to, or fee interest in, a Unit, whether by conveyance, devise, judicial decree, foreclosure or otherwise, and upon the recordation amongst the public records of Collier County, Florida, the deed or other • ARTicLEs OF INCORPORATION Of PIPER BLVD. LAND CoNDowisiiuM AssocwnoN. INC. PAGE 2OF7 OR 5009 PG 2428 • instrument establishing the acquisition and designating the Unit affected thereby, the new Owner designated in such deed or other instrument shall thereupon become a member of the Association, and the membership of the prior Owner as to the Unit designated shall be terminated, provided, however that the Association shall not have the responsibility or obligation of recognizing any such change in membership until it has been delivered a true copy of the applicable deed or other instrument, or is otherwise informed of the transfer of ownership of the Unit. Prior to the recording of the Declaration, the incorporator shall be the sole member of the Association. The share of each member in the funds and assets of the Association, and the Common Surplus, and any membership in this Association, cannot be assigned, hypothecated or transferred in any manner except as an appurtenance to the Unit for which that membership is established. On all matters upon which the ,members) p shall be entitled to vote, each Members' Voting Interest shall be a55et if,irrtti#"ecfaration. The Bylaws shall prdy'� for an annual meetiri� the members of the Association and shall make fSr'or i" n for special meetings. The Association shall ,I civ perpef4puap eite'ce} • The name and street a s of the incorporaba Ma# dui" L. Grabinski, Esq., COLEMAN, YOVANOVICH it North, Suite #300, 1 Naples, FL 34103. The property, business and affairs of the Association shall be managed by a Board, which shall consist of not less than three (3) directors, and which shall always be an odd number. The Bylaws may provide for a method of determining the number of directors from time to time. In the absence of a determination as to the number of directors, the Board shall consist of three (3) directors. Directors are not required to be members Association. All of the duties and powers of the Association existing under the Declaration, these Articles and the Bylaws shall be exercised exclusively by the Board, its agents, contractors or employees, subject to approval by the members only when specifically required. Directors shall be elected and removed in the manner provided in the Bylaws. Vacancies on the Board shall be filled in the manner provided by the Bylaws; however any director appointed by the Declarant prior to transition of control of the Association may only be removed by the Declarant, and any vacancy on the Board shall be ARncLEs OF INCORPORAMN OF • PIPER. BLVD. LAND CONDOMINIUM AssociAnoN, INC. PAGE 3 OF 7 • OR 5009 PG 2429 appointed by the Declarant if, at the time such vacancy is to be filled, transition of control of the Association has not occurred. The names and addresses of the initial directors, who shall hold office until their successors are appointed or elected, are as follows: The officers of the • secretary, treasurer and resolution create. The q may provide for the remoi of the officers. The naA designated by the Board a Richard B. Richard B. Hielscher 800 Frontage Road Northfield, IL 60093 Robert A. Soudan 800 Frontage Road Northfield, IL 60093 follows: Jr. VIII - OFFICERS e vice presidents, i time to time by ard. The Bylaws and for the duties it successors are Robert A. Soudan �� Vice Pre n Robert A. Soudan, Jr. ``s►dent and Secretary ARTICLE IX - INDEMNIFICATION The Association shall indemnify any person who was or is a party, or is threatened to be made a party, to any threatened, pending or contemplated action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the Association) by reason of the fact that he is or was a director, employee, officer or agent of the Association, against expenses (including attorneys' fees) judgments, fines and amounts paid in settlement actually and, reasonably incurred by him in connection with the action, suit or proceeding if he acted in good faith and in a manner he reasonably believed to be in, or not opposed to, the best interest of the Association; and with respect to any criminal action or proceeding, if he had no reasonable cause to believe his conduct was unlawful; except, that no indemnification shall be made in respect to any claim, issue or matter as to which such person shall have been adjudged to be liable for gross negligence or willful misfeasance or malfeasance in the performance of his duties to the Association unless and only to the extent that the court in which the action or suit was brought shall determine, upon application, that despite the adjudication of liability, but in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses • ARTICLES of INCORPORATION OF PIPER Bt_vo. LANo CalloawNtuM AssocwTloN, INC. PAGE 4 OF 7 OR 5009 PG 2430 • which the court shall deem proper. The termination of any action, suit or proceeding by judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent, shall not, in and of itself, create a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in, or not opposed to, the best interest of the Association, and with respect to any criminal action or proceeding, that he had no reasonable cause to believe that his conduct was unlawful. To the extent that a director, officer, employee or agent of the Association has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to hereinabove, or in defense of any claim, issue or matter therein, he shall be indemnified against expenses (including attomeys' fees and appellate attorneys' fees) actually and reasonably incurred by him in connection therewith. Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the Association in advance of_the_fMal disposition of such action, suit or proceeding as authorized by the g'oo> d i fii _� ifc case upon receipt of an undertaking by or on behalf of t `d r t cer 0 Ws or agents to repay such unless it shall be determined is entitled to be InIed by the Association as authorized herein. The indemnificatioh prg vidk in s411 not be deemgd exclusive of any other rights to which those seekingli �e titt dz er the laws of the State of Florida, any Bylaws, a reeme t, e f e �eC o se, and as to action taken in an official capacity white h°y` dig spa o, inue�Ita ' er n who has ceased • to be a director, officer, m! r a all it V ko��tp,� benefit of the heirs, executors and administra t�.4 such a person. i JI The Association sha4,4ve the power to pur e,/Maintain insurance on behalf of any person who I�'vkas a director, offi�cefF 9oyee or agent of the Association, or is or was servirigti uest of,..th �o ' tion as a director, officer, employee or agent of another coRcar#rrista joint venture, trust or other enterprise, against any liability asserte`ii-agair>siirrl and incurred by him in any such capacity, as arising out of his status as such, whether or not the Association would have the power to indemnify him against such liability under the provisions of this Article. ARTICLE X - BYLAWS The Bylaws shall be adopted by the Board and may be altered, amended or rescinded by the Declarant, the directors or members in the manner provided by the Bylaws. ARTICLES XI -AMENDMENTS Amendments to these Articles shall be proposed and adopted in the following manner. I. A majority of the Board shall adopt a resolution setting forth the proposed amendment and directing that it be submitted to a vote at a meeting of the members, which may be an annual or a special meeting. 2. Written notice setting forth the proposed amendment or a summary of the changes to be effected thereby shall be given to each member entitled to vote thereon ARTICLES OF INCORPORATION OF • PIPER BLvD. LAND CONDOMINIUM ASSOCIATION, INC. PAGE 5 OF 7 r� u OR 5009 PG 2431 within the time and in the manner provided in the Bylaws for the giving of notice of a meeting of the members. If the meeting is an annual meeting, the proposed amendment or such summary may be included in the notice of such annual meeting.' 3. At such meeting, a vote of the members entitled to vote thereon shall be c - taken on the proposed amendment. The proposed amendment shall be adopted upon , receiving unanimous approval of the Voting Interest of the Association. 4. Any number of amendments may be submitted to the members and voted a upon by them at any one meeting. 5. if all of the directors and all of the members eligible to vote sign a written statement manifesting their intention that an amendment to these Articles be adopted, then the amendment shall thereby be adopted as though the above requirements had been satisfied. 6. After turnover of coiatr e ss gat% �`, 9 members other than the Declarant, no amendment shaflrige the quatifica' rrs'c membership or in the Voting Interests of members='wi##�A t approval by all of members. No amendment shall be made that is in cooict �witiaat tion. prior to the clgsing of the sale of all Units, no amendment shall in; an v d_v elyy '*ct any ;of the rights, privileges, powers or options herein 'Pro v# f, a Dirclarant, unless the • Declarant shall join in thelex uti6n` f`the m rd4nty iO3c ng, but not limited to, any right of the Declarant toa poi. t recj I's "N ; ^, 1i t» ARTICLES X - INITIAL R TERED OFFICE ANR'' OP ISTERED AGENT ° _X I/.� The initial registered office `t Association shall be^" t oleman, Yovanovich & Koester, P.A., 4001 Tamiami Traiite 300, nda 34103. - { V, ; . The initial registered agent -a `ss Is Matthew L. Grabinski. WHEREFORE, the incorporator, and the initial registered agent have executed these Articles on this 1� day of February, 2014. By executing these Articles, the undersigned registered agent accepts the appointment as registered agent and states that the undersigned is familiar with and accepts the obligations of that position. Matthew L Grabinski • ARTICLEs OF INCORPORATION OF PIPER BLVD. LAND CONDOMINIUM AssocmnoN, INC. PAGE 6 OF 7 OR 5009 PG 2432 STATE OF COUNTY OF Sworn to and subscribed before me this day of February 2014 by Matthew L. Grabinski, who is personally known to me or who produced as identification. Notary Public Having been named Mo sept service of pro s corporation, at the pla desi6nated..in�these Articles ,f I accept the appointments o act h4- his._capa4 i cr�acknowl with and agree to acc Opt tha i ° r the Florida Not For Profit AOt' a I8 Matthew L. Grabinsk . ARTICLES OF INCORPORATION OF PIPER BLVD. LANE) CONDOMINIUM ASSOCIATION, INC. PAGE 7 OF 7 N the above-named poration, I hereby that I am familiar Bred agents under • C, C J • OR 5009 PG 2433 Exhibit "D" BYLAWS OF PIPER BLVD. LAND CONDOMINIUM ASSOCIATION, INC. 1. GENERAL PROVISIONS. A. Identity. These are the Bylaws of Piper Blvd. Land Condominium Association, Inc., a Florida not-for-profit corporation, hereinafter referred to as the "Association". The Association has been organized for the purposes stated in the Articles and shall have all of the powers provided in these Bylaws, the Articles, the Declaration and any statute or law of the State of Florida, or any other power incident to any of the above powers. B. Principal Office. The principal office of the Association shall be at such place as the Board may determine frofft ' e 0 -'. C. Fiscal Year.Tkiat dear of the Asti; " n shall be the calendar year. J.a D. Seal. Th se of the sociation shall have inscribed upon it the name of the Association, the/ ye 0 to Corporatfo i*d thc, words "Corporation Not for Profit". The seal mayjbe s d r g; e thereof, to be impressed, affixed or otherwise re " rodte n n e� meat executed in the name of the Association.41 i e E. Inspectioeo Books and Recons. The E. and records of the Association shall beo to inspection b alV or their authorized representatives', and a�4��oi ers, insurers , or of any first - mortgage - - encumbering a Unit. Sucti'mce of the Association- a`ri `r iclude current copies of the Declaration, Articles and By a[+ amend hereto any contracts entered into by the Association, and f i s r1 d -end financial statements of the Association. The Association shalt"be reg66d to make available to prospective purchasers of Units current copies of the Declaration, Articles, and Bylaws, and the most recent annual financial statement of the Association. Notwithstanding the foregoing, any inspection of any books or records of the Association will only be permitted upon reasonable notice, during normal business hours or under reasonable circumstances. F. Definitions. Unless the context otherwise requires, all terms used in these Bylaws shall have the same meaning as are attributed to them in the Articles and the Declaration of Condominium of Piper Blvd. Land Condominium, a commercial land condominium. II. MEMBERSHIP IN GENERAL. A. Qualification. Pursuant to the Articles, all of the record Owners of Units shall be members of the Association. Membership for each Unit shall be established upon the recording of the Declaration. Prior to the recording of the Declaration, the incorporator shall be the sole Member of the Association, but its membership shall terminate upon the recording of the Declaration, unless it owns any Units. BYLAWS OF PIPER BLVD. LAND CONDOMINIUM ASSOc1AT1ON, INC. PAGE 1 OF 13 OR 5009 PG 2434 Exhibit "D" B. Changes in Membership. The transfer of the ownership of any Unit, either voluntarily or by operation of law, shall automatically terminate the membership of the prior Owner, and the transferee or new Owner shall automatically become a Member of the Association. It shall be the responsibility of any such transferor and transferee of a Unit to notify the Association of any change in the ownership of any Unit, and the corresponding change in any membership, by delivering to the Association a copy of the deed or other instrument of conveyance which establishes a transfer of ownership. In the absence of such notification, the Association shall not be obligated to recognize any change in membership or ownership of a Unit for purposes of notice, voting, Assessments, or for any other purpose. C. Member Register. The secretary of the Association shall maintain a register in the office of the Association showing the names and addresses of the members of the Association. It shall be the obligation of each Member of the Association to advise the secretary of any change of address of the Member, or of the change of ownership of the Member's Unit, a&-iset- forth- above. Upon the request of the Association, any Member who (Ab.nas,mortgaged) his Unit shaft notify ,• the Association of the name A dress of his wort fie. Any Member who satisfies the mortgage encumberin��fiis,. It shall also notify tfii.sbc�iation thereof, and shalt file a copy of the satisfaction of mpigage.uuith the Associativi Ill. MEMBERSHIP VOTE* A. Voting Rlghj$ ac Ivterr b n g�t gest shall be as set forth in the Declaration. In the everIrraanX �.. +! ore n p j person, or is owned by a person other than an ir{di dual, the votes for suph Un t sh. E04 cast as set forth below, and votes shall not be d15si , e.>f . ;>.;f, B. Majority VOtei ,`d Quorum Require ."The acts approved by a majority of the votes presenf ori prsxa eeting at which a quorum is present shall be binding upon a=►tstand4arvtiefs for all purposes, except where otherwise provided by law, in the Dectara€ ri-rn tfie Articles or in these Bylaws. Unless otherwise so provided, at any regular or special meeting, the presence in person or by proxy of persons entitled to cast twenty-five percent (25%) of the Voting Interests of the Association shall constitute a quorum. C. Determination as to Voting Rights. 1. In the event any Unit is owned by one individual, his right to cast the votes for the Unit shall be established by the record title to his Unit. 2. In the event any Unit is owned by more than one individual or by an entity, the votes for the Unit may be cast at any meeting by any co -Owner of the Unit provided, however, that in the event a dispute arises between the co -Owners as to how the votes for the Unit shall be cast, or in the event the co -Owners are unable to concur in their decision upon any subject requiring a vote, they shall lose their right to cast the votes for the Unit on the matter being voted upon at that meeting, but their membership shall be counted for purposes of determining the existence of a quorum. BYLAWS OF PIPER BLVD. LAND CONDOMINIUM ASSOCIATION, INC. PAGE 2 OF 13 • OR 5009 PG 2435 • Exhibit "D" For purposes of this paragraph, the principals or partners of any entity (other than a corporation) owning a Unit shall be deemed co -Owners of the Unit, and the directors and officers of a corporation owning a Unit shall be deemed co -Owners of the Unit. 3. Proxies. Every Member entitled to vote at a meeting of the members, or to express consent or dissent without a meeting, may authorize another person or persons to act on the Members behalf by a proxy signed by such Member or his attorney-in-fact. Any proxy shall be delivered to the secretary of the meeting at or prior to the time designated in the order of business for delivering proxies. Members may not vote by general proxy, but may vote by limited proxy. Limited proxies and general proxies may be used to establish a quorum. Limited proxies may also be used for votes taken to amend the Articles or Bylaws or for any matter that requires or perm a( the members. Any proxy shall be effective Ii: meeting for which originally given and a £ djoumed.`ri,ir±' 9 - s thereof. In no event shall any proo k6 4 lid for a period lon6e� n ninety (90) days after the da,* of ilie-*-St-meeting for which -it wad given. Every proxy shall be re � yx__jr e a the pleasurepf the Member executing i . E e XYna��dl ' rth 4he name of the person roti b�hi cy%" mir` persdn authorized to vote the • pro f vry sh ntiin the date, time and place 6 thk� e P §"n, and if a limited proxy, Set forth those Rema hicl, thel�iXy holder may vote, and th ner in which the v ? ro tc��St. IV. MEMBERSHIP M1' iK*. r'r A. Persons Entitled tottm_favy Unit is owned by more than one person, all co Owners of the Unit"may attend any meeting of the Members. In the event any Unit is owned by a corporation, any director or officer of the corporation may attend any meeting of the members. However, the votes for any Unit shall be cast in accordance with the provisions hereof. Institutional Lenders have the right to attend all Members meetings. B. Place. All meetings of the members shall be held at the principal office of the Association or at such other place and at such time as shall be designated by the Board and stated in the notice of meeting. C. Notices. Written notice, which must include an agenda, stating the place, day and hour of any meeting and, in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be given by first-class mail or personally delivered to each Member entitled to vote at such meeting and shall be posted in a conspicuous place on the Condominium Property, not less than fourteen (14) nor more than sixty (60) days before the date of the meeting, and upon notice to the Unit Owners, the Board shall by duly adopted rule designate one or more specific locations on the Condominium Property upon which all notices of Unit Owner meetings shall be posted. If mailed, such notice shall be deemed to be delivered when deposited in the United • States mail addressed to the Member at his address as it appears in the records of the BYLAws OF PIPER BLVD. LAND CONDOMINIUM AssocwnoN, INC. PACE 3 of 13 OR 5009 PG 2435 Exhibit "D" Association, with postage thereon pre -paid. For the purpose of determining members entitled to notice of, or to vote at, any meeting of the members of the Association, or in order to make a determination of the members for any other purpose, the Board shall be entitled to rely upon the Member register as same exists fourteen (14) days prior to the giving of the notice of any meeting, and the Board shall not be required to take into account any changes in membership occurring after that date but may, in their sole and absolute discretion, do so. Notwithstanding the foregoing, if a Unit is owned by more than one individual or by an entity, only one notice shall be required to be given with respect to the Unit, which may be given to any co -Owner as defined hereinabove of these Bylaws. Notice to any Member or co -Owner shall be sent to the Unit of such Member or co -Owner, unless the Owner of the Unit requests otherwise. D. Waiver of Notice. Whenever any notice is required to be given to any Member under the provisions of the Articles or these Bylaws, or as otherwise provided by law, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time �eite{ein, shall be equivalent to the giving of such notice. Attendance of a Me' ; 6b6 hall constitute a waiver of notice of _R such meeting, except when rtfier objectst�eginning of the meeting to the transaction of any business I catCise the meeting is no' #Wfukty called or convened. E. Annualee} ng.ia` -� annua-riiOting �qr tt�e purposes of electing directors and transacti lg of y res td_G;nce,,each year at a time and place to be determined by Oe log, ig a e t o notice of such meeting. � � �. j F. Special�lgIe�RRtt�e�ngse rflmbers may be called at : -x. any time -by any direct F fete president, or at th'erequ st, ihA'�ting, by any member, or as otherwise provided iy,;)a�r. Such request st te�tt�e`;urpose of the proposed meeting. Business tran d at all special meefi VOe confined to the subjects stated in the notice of�e Notice of any �"meeting shall be given in accordance with paragraph ;v G. Adjournments. Any meetingray fie adjourned or continued by a majority vote of the members present in person or by proxy and entitled to vote, or if no Member entitled to vote is present, then any officer of the Association may adjourn the meeting from time to time. If any meeting is adjourned or continued to another time or place, it shall not be necessary to give any notice of the adjourned meeting, if the time and place to which the meeting is adjourned are announced at the meeting at which the adjournment is taken, and any business may be transacted at the adjourned meeting that might have been transacted at the original meeting. If the time and place to which the meeting is adjourned are announced at the meeting at which the adjournment is taken, notice of the adjourned meeting may be given to Members not present at the original meeting, without giving notice to the Members which were present at such meeting. H. Organization. At each meeting of the members, the president, the vice president, or any person chosen by a majority of the members present, in that order, shall act as chairman of the meeting. The secretary, or in his absence or inability to act, any person appointed by the chairman of the meeting, shall act as secretary of the meeting. BYLAWS OF PIPER BLVD. LAND CONDOMINIUM ASSOCIATION, INC. PAGE 4 OF 13 • • OR 5009 PG 2437 • • • Exhibit "D" I. Order of Business. The order of business at the annual meetings of the members shall be: 1. Determination of chairman of the meeting; 2. Calling of the roll and certifying of proxies; 3. Proof of notice of meeting or waiver of notice; 4. Reading and disposal of any unapproved minutes; 5. Reports of directors, officers or committees; 6. Nomination and election of inspectors of election; 7. DeterminationjDf-nrT o#directors; 8. Electictrfectors; 9. Unfinisi; d"usiaess: # im 11. J. Minutes\r' book available for insp& the directors, upon reasc retain these minutes for a $sem minutes of all mee by the members t"otice, during n igd,of not less than Z Iers shall be kept in a representatives, and The Association shall K. Actions without a'°M e .; �nj*Oiioi fequired or permitted to be taken at any annual or special meeting o`f the rrie ttb6rs of the Association, may be taken without a meeting, without prior notice, and without a vote if a consent in writing, setting forth the action so taken, shall be signed by the members having not less than the minimum number of votes that would be necessary to authorize or take such action at a meeting at which all members entitled to vote thereon were present and voted. Within ten (10) days after obtaining such authorization by written consent, notice shall be given to those members who have not consented in writing. The notice shall fairly summarize the material features of the authorized action. If a Unit is owned by more than one (1) person or by a corporation, the consent for such Unit need only be signed by one (1) person who would be entitled to cast the vote for the Unit as a co -Owner pursuant to these Bylaws. V. DIRECTORS. A. Membership. The affairs of the Association shall be managed by a Board of three (3) directors. B. Appointment of Directors by Members. The director election procedures required by Section 718.112(2)(d)2 of the Florida Condominium Act are hereby waived BYLAWS OF PIPER BLVD. LAND CONDOMINIUM ASSOCIATION, INC. PAGE 5 of 13 OR 5009 PG 2438 • Exhibit "D" pursuant to Section 718.112(2)(d)10 of the Florida Condominium Act. Directors shall be appointed to the Board by the Members as follows: 1. The Owner of Unit 1 and Unit 2 shall each appoint a Director ("Appointed Directors)") to serve on the Board. 2. The Appointed Directors shall agree on a third individual ("Independent Director") to serve as a Director on the Board. If the Appointed Directors cannot reach an agreement as to whom shall serve as the Independent Director, either Owner may petition a court to appoint an individual to serve as the Independent Director. 3. A person who has been suspended or removed by the Division of Florida Condominiums, Timeshares, and Mobile Homes (the "Division") under F.S. Chapter 718, or who is delinquent (or whose business entity is delinquent) in the payment of any fee, fi a tor- , or regular assessment provided as provided for in Florida $tatr t� ;Ake c rat�ion, or these Bylaws, is not eligible for Board membersh7!. pVototi who fia's-�ie#nnwicted of any felony in Florida or in a United Statratslrict or Territorial Co orwho has been convicted of any offense in 4noth6i -judsdiction which woWd bye considered a felony if committed in Flon'd l/isr Iligibl6-for-Bbard rn °gibei<ship unless such felon's civil rights hav¢ beknj4Zgore'r s years as of the date such person seeks eiecttoti _ r or vas i aac#ion by the Board is not affected if it is later rete I e tf ` ; ol te finer lberj is ineligible for Board • membership d e"tp ha b bac of'fe ny.� , s ,+ f 7lr - C. Term of r The Appointed Rftitos jerve at the discretion of the Owner who .appoin a hem or until such Ir 9tgrt` Bath or .resignation. The Independent Director shal(`rat the discretion of tt> pointed Directors or until such Director's death, resignation',�`rttDirector, which demand for removal shall be in writing an"I ato d�1Sy called meeting of the Board or Members. D. Organizational Meeting. The Board shall meet at least yearly for the purposes of organization, the election of officers and the transaction of other business at such place and time as shall be fixed by the Directors. E. Regular Meetings. Regular meetings of the Board may be held at such time and place as shall be determined, from time to time, by a majority of the directors. No regular meetings of the Board will be required. F. Special Meetings. Special meetings of the Board may be called by any Director, or by the president, at any time. G. Notice of Meetings. Adequate notice of all meetings, which notice shall specifically incorporate an identification of agenda items, shall be delivered to all Directors and posted conspicuously on the Condominium Property at least forty-eight (48) continuous hours preceding the meeting except in an emergency. Any item not included on the notice may be taken up on an emergency basis by at least a majority plus -one of the members of the Board. Such emergency action shall be noticed and ratified at the next regular meeting of the Board. However, written notice of any meeting BYLAWS OF PIPER BLVD. LAND CONDommuM ASSOCIATION, INC. • PAGE 6 OF 13 OR 5009 PG 2439 • Exhibit "D" at which: (1) nonemergency Special Assessments, or (2) amendments to rules regarding Unit use will be considered shall be mailed, delivered, or electronically transmitted to the Unit Owners and posted conspicuously on the Condominium Property not less than fourteen (14) days prior to the meeting. Evidence of compliance with this fourteen (14) day notice shall be made by an affidavit executed by the person providing the notice and filed among the official records of the Association. Upon notice to the Unit Owners, the Board shall by duly adopted rule designate a specific location on the Condominium Property or Association Property upon which all notices of Board meetings shall be posted. H. Meetings to Adopt Budgets and Assessments. Any meeting at which a proposed annual budget of the Association will be considered by the Board or Unit Owners shall be open to all Unit Owners. At least fourteen (14) days prior to such a meeting, the Board shall hand deliver to each Unit Owner, mail to each Unit Owner at the address last fumished to the Association by the Unit Owner, or electronically transmit to the location fumished by the Unit Qwne fo I urpose a notice of such meeting and a co of the proposed annus �d�AA�i copy p p J b _$met or manager of the Association, or other person providing no fi �meeting'; stle ecute an affidavit evidencing compliance with such not' r irement, and such I tx t shall be filed among the official records of the Association....__......— If a Board adopts'" i any, K- dual budget which requires • Assessments against Unit , e . #, ch ae o dr�d fifteen percent (115%) of Assessments for the pec } in fisgal a lr, < e ea15��hil c�nd ct a special meeting of the Unit Owners to cortsi`�s sI�+tu�',bdio, f th rd Gecelves, within twenty-one (21) days after the ad*� \,of the annual budge" wriken pst for a special meeting from at least ten percetaCA %) of all Voting t st�. er,,special meeting shall be conducted within sixty (6 s after adoption o .�ntr1budget: At least fourteem (14) days prior to such spe I#*ting, the Board sh if a�`deliver to each Unit Owner, or mail to each unit owner ass last, Ju�ri'ikh ' the Association, a notice of the meeting. An officer or mancftbe stiaia , or other person providing notice to such meeting shall execute an (lav+ g compliance with this notice requirement, and such affidavit shall be filed among the official records of the Association. Unit Owners may consider and adopt a substitute budget at the special meeting. A substitute budget is adopted if approved by a majority of all Voting Interests. If there is not a quorum at the special meeting or a substitute budget is not adopted, the annual budget previously adopted by the Board shall take effect as scheduled. Any determination of whether Assessments exceed one hundred fifteen percent (115%) of assessments for the prior fiscal year shall exclude any authorized provision for reasonable reserves for repair or replacement of the Condominium Property, anticipated expenses of the Association which the Board does not expect to be incurred on a regular or annual basis, or Assessments for betterments to the Condominium Property. In addition to annual operating expenses, the budget shall include reserve accounts for capital expenditures and deferred maintenance, unless Members have determined, by a majority vote at a duly called meeting of the Association, to provide no reserves or less reserves than required by this subsection. However, prior to turnover of control of an Association by the Developer to Unit Owners other than a Developer, the Developer may vote to waive the reserves or reduce the funding of reserves for the first • two (2) fiscal years of the Association's operation, beginning with the fiscal year in which BYLAWS OF PIPER BwD. LAND CONDOMIMUM ASSOCIATION, INC. PAGE 7 OF 13 OR 5009 PG 2440 • Exhibit "D" the initial declaration is recorded. After such time reserves may be waived or reduced only upon the vote of a majority of all non -developer Voting Interests voting in person or by limited proxy at a duly called meeting of the Association. 1. Quorum and Manner of Acting. A majority of the directors determined in the manner provided in these Bylaws shall constitute a quorum for the transaction of any business at a meeting of the Board. The act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the Board, unless the act of a greater number of directors is required by the Declaration, Articles or by applicable law. A director who is present at a meeting of the board shall be deemed to have voted in favor of any action taken, unless he voted against or abstained from voting because of an asserted conflict of interest. The vote or abstention of each director present on each issued voted upon shall be recorded in the minutes. J. Committees. The Board may, by resolution duly adopted, appoint committees. Any committee shall ,have-att ,y."tna_ exercise such powers, duties and functions as may be determined ti t%vBbarft �t} ^ to time, which may include any powers which may be exercjsb Board an tit `ire not prohibited by law from being exercised by a comrfxftte K. Resignation. Anyi,4 for r11ay"resid�n at ar�timo by giving written notice of his resignation to a0thet r� cP "ignation shall take effect at the time specked therein o , iratt'i i tln%+v ch res ttbn i to become effective is not specified therein, $ im dl . 1 r ipt�)agd, Unless otherwise specified • therein, the acceptancf�ura° a of bi to make it effective. L. In utalty deleted. r' M. vacancies. 1. Vacancies -in,;ta ed by the Owner who appointed the departed Directories case of Appointed Directors) and by agreement between the Appointed Directors (in the case of the Independent Director).. 2. In the event the Association fails to fill vacancies on the Board sufficient to constitute a quorum in accordance with these Bylaws; any Owner may apply to the Circuit Court of the County in which the Land is located for the appointment of a receiver to manage the affairs of the Association. At least thirty (30) days prior to applying to the Circuit Court, the Owner shall mail to the Association a notice describing the intended action giving the Association the opportunity to fill the vacancies. If during such time the Association fails to fill the vacancies, the Owner may proceed with the petition. If a receiver is appointed, the Association shall be responsible for the salary of the receiver, court costs and attorney's fees. The receiver shall have all powers and duties of a duly constituted member of the Board, and shall serve until the Association fills vacancies on the Board sufficient to constitute a quorum. A director may join by written concurrence in any action taken at a meeting of the Board but BYLAWS OF PIPER BLvD. LAND CONDOMINtuM ASSOCIATION, INC. • PAGE 8 OF 13 • OR 5009 PG 2441 Exhibit "D" such concurrence may not be used for the purposes of creating a quorum. N. Adjourned Meetings. A majority of the directors present at a meeting, whether or not a quorum exists, may adjourn any meeting of the Board to another place and time. Notice of any such adjourned meeting shall be given to the directors who are not present at the time of the adjournment, and, unless the time and place of the adjourned meeting are announced at the time of the adjournment, to the other directors. At any adjourned meeting, any business that might have been transacted at the meeting as originally called may be transacted without further notice. O. Presiding Officer. The presiding officer of the Board meetings shall be the chairman of the Board if such an officer is elected and if none, the president of the Association shall preside. In the absence of the presiding officer, the directors shall designate one of their members to preside. P. Order of Busines.. � rc r is€ b4ip ss,.at a Board meeting shall be: 2. 3. feacigaft,diy►`vd r�inutes; 4. 5. Efe'tn of officers;° 4 k ( I 6. Unfin�hgdAzusiness; 7. New business, �'r#` 8. Adjournment Q. Minutes of Meetings. The minutes of all meetings of the Board shall be kept in a book available for inspection by the members of the Association, or their authorized representatives, and the directors, upon reasonable notice, during reasonable times. The Association shall retain these minutes for a period of not less than seven (7) years. R. Compensation. The directors shall not be entitled to any compensation for serving as directors unless the members unanimously approve such compensation, provided however, the Association may reimburse any director for expenses incurred on behalf of the Association, without approval of the members. S. Powers and Duties. The directors shall have the right to exercise all of the powers and duties of the Association, express or implied, existing under these Bylaws, the Articles, the Declaration, or as otherwise provided by statute or law. VI. OFFICERS. • BYLAWS OF PIPER BLVD. IANo CONDOMINIUM ASSOCIATION, INC. PAGE 9 O 13 OR 5009 PG 2442 • Exhibit "D" A. Members and Qualifications. The officers of the Association shall include a president, vice president, treasurer and secretary, all of whom shall be elected by the directors and may be removed from office with or without cause by the directors. Any person may hold two or more offices except that the president shall not also be the secretary. The Board may, from time to time, elect such other officers and designate their powers and duties as the Board shall find to be appropriate to manage the affairs of the Association from time to time. Each officer shall hold office until the meeting of the board following the next annual meeting of the members, or until his successor shall have been duly elected and shall have qualified, or until his death, or until he shall have resigned, or until he shall have been removed, as provided in these Bylaws. B. Resignation. Any officer may resign at any time by giving written notice of his resignation to any director or officer. Any such resignation shall take effect at the time specified therein, or if there is not time specified therein, immediately upon its receipt and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make such resignation e#€ev C. Vacancies. � in any'-:-, yhether arising from death, resignation, removal or any i x r cause may be filled`�f tfte unexpired portion of the term of such vacant office, iMike-- ner prescribed ih, these Bylaws for the regular election or appointment,bf suchWise _ -----Ji D. The Pr4sid40f. /Th- - pr1e i"`s aft -6e (- lief,,executive officer of the • Association. He shall havk al of �t.he oWe a �d�'iiubes tr fhi�h are usually vested in the office of president of ` n` be It� tion udi r' but not limited to, the power to appoint comrrlMfes from among the rnnbers froe to time, as be may in his discretion deem appi.ap Ti to to assist in the couctz`of airs of the Association. t E. The VicePreiceht,�The vice presidelaC;r h; in the absence or disability of the president, exercise thb`, aO—pgffarr ti ies of the president. He shall also assist the president gener'blly,-aboLex tl � c?i'other powers and perform such other duties as may be prescribedby tfi ttireetvrs. F. The Secretary. The secretary shall prepare and keep the minutes of all proceedings of the directors and the members. He shall attend to the giving and serving of all notices to the members and directors and other notices required by law. He shall have custody of the seal of the Association and affix the same to instruments requiring a seal when duly executed. He shall keep the records of the Association, except those of the treasurer, and shall perform all other duties incident to the office of secretary of an Association, and as may be required by the directors or the president. G. The Treasurer. The treasurer shall have custody of all property of the Association, including funds, securities, and evidence of indebtedness. He shall keep books of account for the Association in accordance with good accounting practices, which, together with substantiating papers, shall be made available to the Board for examination at reasonable times. He shall submit a Treasurer's Report to the Board at reasonable intervals and shall perform all other duties incident to the office of treasurer. He shall collect all Assessments and shall report to the Board the status of collections as requested. BYLAWS OF PIPER BLVD. LAND CONDOMINIUM ASSOCIATION, INC. • PAGE 10 OF 13 • OR 5009 PG 2443 Exhibit "D" H. Compensation. The officers shall not be entitled to compensation unless the Board specifically votes to compensate them. However, neither this provision, nor the provision that directors will not be compensated unless otherwise determined by the members, shall preclude the Board from employing a director or an officer as an employee of the Association and compensating such employee, nor shall they preclude the Association from contracting with a director for the management of property subject to the jurisdiction of the Association, or for the provision of services to the Association, and in either such event to pay such director a reasonable fee for such management or provision of services. VII. FINANCES AND ASSESSMENTS. A. Assessment Roll. The Association shall maintain an Assessment roll for each Unit, designating the name and current mailing address of the Owner, the amount of each Assessment against such Owner, the dates and amounts in which the Assessments come due, the amounts "idAhe account of the Owner, and the balance due. �� /'4 ''� B. DepositonesC"c funds of the Aso 1a"i shall be deposited in such banks and depositories as m }r �tae-determined and appr6yed �Y appropriate resolutions of the Board from time to eiimu Winds shaq-bie withdrawn only upon checks and demands for money sIggned cj c=ri�Vl ° other persons as may be designated by the Board. 91d ItyA.6n s bsDeclaration shall be required • of all signatories on an} ac'cu t o�h�Asolc" t 14.._...x` 1 C. Depositlrig o1 Payments. All s cope d "bey the Association from Assessments may be db `ked in single fund ivi ,edriwiorfirore than one fund, as determined by the Board. D. Accounting R'6s�3t: A;Te Association shall maintain accounting records according toatii Vices. The records shall be open to inspection by Owners and Institut n t-kender§ or their authorized representatives, at reasonable times. Within ninety (90) days after the end of the fiscal year, or annually on a date provided in the Bylaws, the Association shall prepare and complete, or contract for the preparation and completion of, a financial report for the preceding fiscal year. Within twenty-one (21) days after the final financial report is completed by the Association or received from the third party, but not later than one hundred twenty (120) days after the end of the fiscal year or other date as provided in the Bylaws, the Association shall mail to each Unit Owner at the address last furnished to the association by the Unit Owner, or hand deliver to each Unit Owner, a copy of the financial report or a notice that a copy of the financial report will be mailed or hand delivered to the Unit Owner, without charge, upon receipt of a written request from the Unit Owner. Since the Association operates fewer than 75 Units, the Association shall only be required to prepare an annual report of cash receipts and expenditures. 2. A report of cash receipts and disbursements must disclose the amount of receipts by accounts and receipt classification in the amount of expenses by accounts and expense • classifications including, but not limited to, the following, as applicable: taxes, insurance BYLAWS OF PIPER BLVD. LAND CONDOMINIUM AssoclATiON, INc. PAGE 11 OF 13 OR 5009 PG 2444 Exhibit "D" costs, building maintenance and repair, expenses for lawn care, expenses for refuse collection and utility services, security, professional and management fees and expenses, administration and salary expenses, and reserves accumulated and expended for capital expenditures, deferred maintenance and any other category which the Association maintains reserves. E. Reserves. Subject to the Developer's right to waive reserves for the first two (2) years of operation, the budget of the Association shall provide for a reserve fund for the periodic maintenance, repair and replacement of the Common Elements and other property which the Association is obligated to maintain. It is acknowledged that, due to the nature of the Land Condominium governed by the Association, there may be little (if any) reserves. Vlll. PARLIAMENTARY RULES. Roberts Rules of Order (latest Edition) shall govem the conduct of the Association meetings when not in conflict with the Declaration, Articles or these Bylaws. IX. AMENDMENTS. ExpW;,as.etf%rwise p�owddti in the following manner: ;/- ' A. Notice. Notice 0. be jecrmattet of a included in the notice' of {�an,� .r,?ee_ a ° ch considered. B. Initiatiorf {cif tarn d aeseAy any director, or any Meek,of the Association. C. Adoption 1. A resol o, adopted i Association. Bylaws may be amended I amendment shall be amendment is to be be proposed either by �oposed amendment shall be by the membership of the 2. Notwithstanding the foregoing, these Bylaws may be amended solely by the Board, upon the unanimous vote of the directors and without the vote or approval of the members, if the purpose of such amendment is solely to conform these Bylaws to the provisions of any applicable state statute including any amendment to any statute hereafter adopted. D. After turnover of control of the Association to members other than the Developer, no amendment shall make any changes in the qualification for membership nor in the Voting Interests of members without approval by all of the members and the joinder of all record owners of mortgages upon the Units. No amendment shall be made that is in conflict with the Declaration or the Articles. E. These bylaws shall not be revised or amended by reference to title or number only. Proposals to amend these bylaws shall contain the full text of the bylaws to be amended. New words shall be inserted in the text underlined, and words to be deleted shall be lined through with hyphens. However, if the proposed change is so extensive that this procedure would hinder, rather that assist, the understanding of the BYLANS OF PIPER BLVD. LAND CONDOMINtuM ASSOCIATION, INC. PAGE 12 OF 13 • • • • *** OR 5009 PG 2445 *** Exhibit "D" proposed amendment, it is not necessary to use underlining and hyphens as indicators of words added or deleted, but instead, a notation must be inserted immediately preceding the proposed amendment in substantially the following language: "Substantial rewording of bylaw. See bylaw for present text". Execution and Recording. No modification of, or amendment to, the Bylaws, shall be valid until recorded in the pubic records of the county in which the Condominium is located. X. MISCELLANEOUS. A. Tenses and Genders. The use of any gender or any tenses in these Bylaws shall refer to all genders or to all tenses, wherever the context so requires. B. Partial Invalidity. Should any of the provisions hereof be void or become unenforceable at law or in equity, »the ai ri1 -provisions shall, nevertheless, be and remain in full force and effect. {� ` ` >'.� C. Conflicts. I�t67.r ent of any conflict,'14-De�claration, the Articles and these Bylaws shall govem, in at -order. - y__ D. Captions r C� a '' e ' s a matter of convenience and for reference, and in r b y sire in end oOefin , limit or describe the • scope of these Bylaws r t it te4 f n j pwto vi here E. Waiver df-, flections. The failuk,of toe Boat f or any officers of the Association to comply w i1. terms and provis of t d laxation, the Articles, or these Bylaws which rela e limitations shaIi "i i r' f itself, invalidate the act done or performed. Any suc foiln shall be waived if',1`4s ,66t objected to by a Member of the Association within ten (1�da a#ec.the , j os notified, or becomes aware, of the failure. Furthermore, if sum itr_e general or special meeting, the failure shall be waived as to all memo o received notice of the meeting or appeared and failed to object to such failure at the meeting. The foregoing was adopted as t AssaPresidenit s L day of c r , 2014. tLRi and B. Hielscher, Robert A. Sou an, Jr., cretary (Corporate Seal) • BYLAws OF PIPER BLVD. LAND CONDOMINIUM ASSOCIATION, INC. PAGE 13 OF 13 i�234$@j Cr.iUl. MC ROM �p ORDINANCE NO. 06- 34 13 AN ORDINANCE OF THE BOARD OF COUNTY V COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS `.MENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED ,AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "C-1 AND C-3" TO "CPUD" COMMERICAL PLANNED UNIT DEVELOPMENT KNOWN AS BRB DEVELOPMENT CPUD FOR PROPERTY LOCATED IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 3.2 ACRES, AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor & Associates, P.A. representing BRB Development, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW THEREFORE BE Ir ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 23, Township 48 South, Range 25 East, Collier County, Florida, is changed from "C -I and C-3" to "CPUD" Commercial Planned Unit Development in accordance with the CPUD Document, attached hereto as Exhibit A, which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 0441, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this a day of —dune. , 2006, ATTEST: DWIGHT E. BROCK, CLERK uty Clerl: ��Tl ai1Q lega suf,Tteienc) iviarM. Student -Stirling Assistant Couniy Attorney i>uni: zuu5-AR-x;6I BOARD OF COUNTY COMMISSIONERS COLLIER. COUNTY, FLORIDA BY:-rTA-- NK HALAS, NVAN This ordinance filed with the tary o�tate's Office the y and ocknowledgem54 that {Ili received this day of � crit • r� 0 • • U BRB DEVELOPMENT A COMMERCIAL PLANNED UNIT DEVELOPMENT 3.2± Acres Located in Section 23, Township 48 South, Range 25 East, Collier County, Florida PREPARED FOR: BRB DEVELOPMENT, LLC 800 Frontage Road Northfield, 11 60093 PREPARED BY: Q. GRADY MINOR & ASSOCIATES, P.A. 3800 Via Del Rey Bonita Springs, FI 34134 (239) 947-1144 (239) 947-0375 Fax iM GOODLETTE COLEMAN AND JOHNSON, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34104 (239) 435-3535 (239) 435-1218 BRB DEVELOPMEN'r CPUD(BCC Rev061 S06)clean.doc EXHIBIT "A" • TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE II SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1-1 GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2-1 SECTION III COMMERCIAL 3-1 SECTION IV GENERAL DEVELOPMENT COMMITMENTS 4-1 .7 • BRB DEVELOPMENT CPUD(BCC RevG6l506)cican.doc 11 • • • LIST OF EXHIBITS EXHIBIT A CPUD MASTER PLAN EXHIBIT B BOUNDARY SURVEY EXHIBIT C LEGAL DESCRIPTION EXHIBIT D LOCATION MAP EXHIBIT E FOUNDATION PLANTING DEVIATION EXHIBIT BRB DEVELOPMENT CPUD(BCC RevO61506)ciean.doc I11 • STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of the developer, to create a Commercial Planned Unit Development (CPUD) on 3.2± acres of land located in Section 23, Township 48 South, Range 25 East, Collier County, Florida. The name of this Commercial Planned Unit Development shall be BRB Development CPUD. The development of BRB Development CPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The Development will be consistent with the growth policies and land development regulations adopted pursuant to the Growth Management Plan, Future Land Use Element and other applicable regulations for the following reasons: The entire 3.2± acres of the subject property is within the Urban Commercial District, Mixed Use Activity Center Subdistrict (Activity Center #1), as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Commercial District, Mixed Use Activity Center Subdistrict, is to concentrate almost all new commercial zoning in locations where traffic impacts can be readily accommodated. The BRB Development CPUD is consistent with • Policies 5.1 and 5.3 of the Future Land Use Element, which require that commercial development is located within appropriately designated areas of the County and that urban sprawl is discouraged by confining urban development to the Urban designated areas of the County. 2. The proposed intensity of development includes a combination of indoor self - storage, general and medical office, and retail commercial uses comparable to those found in the C-3, zoning district. A maximum commercial floor area of 163,000 square feet shall be permitted within the BRB Development CPUD. The BRB Development CPUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 3. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 4. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, set forth in the Land Development Code (LDC). • BRB DEVELOPMENT CPUD(BCC Rev061506)clean.doc 1V • • • SHORT TITLE This ordinance shall be known and cited as the "BRB DEVELOPMENT COMMERCIAL PLANNED UNIT DEVELOPMENT ORDINANCE". BRB DEVELOPMENT CPUD(BCC Rev061506klean.doc V • SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the BRB Development CPUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION See attached Exhibit "C" 1.3 PROPERTY OWNERSHIP Naples Dinner Theatre Associates, LTD cto Sandra Fiske • P.O. Box 4937 Santa Rosa Beach, FL 324594937 Contract Purchaser: BRB Development Company 800 Frontage Road Northfield, IL 60093 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 23, Township 48 South, Range 25 East Collier County, Florida. The site is located with Activity Center #1 on the Future Land Use Map. All adjacent properties lie within the Activity Center boundaries. The site is presently developed, and the building is occupied by the Naples Dinner Theatre. The property abuts Piper Boulevard and Cypress Way East. B. The zoning classification of the subject property at the time of CPUD application is C-1, Commercial Professional and General Office, and C-3, Commercial Intermediate. C. Elevations within the site are approximately 11 feet above MSL. The • property lies within FEMA elevations designated AE 11 and X. BRB DEVELOPMENT CPUD(BCC Rcv061506)c1can.doc 1-1 • • .7 D. The entire site has been altered through prior development, and no native vegetation exists on the property. E. The property is located in the Cocohatchee River Canal Basin of the Collier County Drainage Atlas. 1.5 INTENSITY The acreage of the BRB Development CPUD is approximately 3.2+ acres and a maximum of 163,000 square feet of commercial land uses may be constructed within the CPDD. BRB DEVELOPMENT CPUD(BCC Rev061506)c11ean.doc 1-2 SECTION 11 PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the BRB Development CPDD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The BRB Development CPDD will be developed as a commercial project, which may feature a mix of commercial land uses. B. The Conceptual Master Plan is illustrated graphically as Exhibit "A". A Land Use Summary indicating approximate land use acreage is shown on the plan. The Master Plan is conceptual, and the location, size, and configuration of individual tracts and water management facilities shall be determined at the time of final site development plan and/or preliminary subdivision plat approval with minor adjustments at the time of final plat approval, in accordance with Chapters 1, 4 and 10 of the LDC. C. The project is less than 5 acres and therefore, has no minimum open space requirement per Section 4.02.01 of the LDC. TYPE UNITS/SQ. FT. ACREAGE Commercial 2.21± Water management area 0.15± Buffers / other open space 0.84± TOTAL ACRES 3.2± 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the BRB Development CPUD shall be in accordance with the contents of this CPDD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this CPUD Ordinance), and the Growth Management Plan. Where this CPUD Ordinance does not provide developmental standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. Where specific standards are specked in this CPUD, these standards shall prevail over those in the LDC. BRB DEVELOPMENTCPUD(BCC Rev061506)c[wn.doe 2-1 • • • B. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, set forth in the LDC. C. All conditions imposed herein or as represented on the BRB Development Conceptual Master Plan are part of the regulations which govern the manner in which the land may be developed. D. The subdivision requirements of the LDC, shall apply to the CPDD, except where a deviation is approved as part of this CPUD, or otherwise granted pursuant to the LDC. 2.4 DEVIATIONS FROM LDC A. Building Foundation Planting Areas A deviation from LDC Section 4.06.05.B.5, which requires buildings with a wall height greater than 35 feet to provide a 15 feet wide continuous foundation planting area around a building perimeter, to permit the required foundation plantings (approximately 7,700 sq.ft.) to be displaced • and replanted in planting areas primarily adjacent to the building wall facing Piper Boulevard, with additional landscape material to be installed in other landscaped areas of the project. The vegetative material planted in accordance with this deviation must meet the minimum plant material sizes and standards of Section 4.06.05.B.5.c. This deviation is applicable only for the proposed indoor self storage land use. An exhibit identifying the conceptual location of building foundation planting areas has been provided in support of this deviation request. 2.5 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this CPUD Ordinance or the CPUD Master Plan as provided in Chapter 10 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. 2.6 COMMON AREA MAINTENANCE Common area maintenance will be provided by the developer or by a property owners' association. For those areas not maintained by the developer, the developer will create property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. The developer or the property owners' association, as applicable, • shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems serving the CPUD, in accordance with the provisions of the LDC together with any applicable permits from the South Florida Water Management District. BR$ DEVELOPMENT CPUD(BCC Rev%1506)c1ean.dm 2-2 2.7 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted throughout the CPUD. A. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the BRB Development CPUD boundary prior to preliminary subdivision plat and site development plan submittal, when the landscape and irrigation plans are submitted and approved prior to plat construction. B. The required 10 foot wide Type "A" buffer located along the northern property boundary shall be supplemented with a vegetative hedge, fence, or combination thereof, to equal the opacity requirements of a Type "B" buffer. 2.8 DESIGN GUIDELINES AND STANDARDS A. The BRB Development CPUD is a planned community and will be developed under unified control. The developer will establish design guidelines and standards to ensure a high and consistent level of development consistent with the LDC. 2.9 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the BRB Development CPUD. General permitted uses are those uses which generally serve the development and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth in Section 2.01.03 of the LDC, which include but are not limited to water and sewer lines, telephone and cable services, electric transmission lines and the like. 2. Water management facilities and related structures. 2.10 OPEN SPACE REQUIREMENTS In accordance with the LDC, commercial projects less than 5 acres have no minimum open space requirement. Open space will be provided within the CPUD and shall consist of landscaped areas and water management areas. BRB DEVELOPMENTCPUD(BCC Rev061506)c1ean.dm 2-3 • • • • • C7 2.11 NATIVE VEGETATION REQUIREMENTS No native vegetation exists on-site; therefore, no native preserve areas are required within the BRB Development CPUD. 2.12 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS The developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with the Construction Standards Manual. BRB DEVELOPMENT CPUD(BCC Rev061506)c1ean.dm 2-4 r� SECTION III COMMERCIAL «C„ 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the BRB Development CPUD designated on the Master Plan as "C", Commercial. 3.2 MAXIMUM COMMERCIAL SQUARE FOOTAGE A maximum of 163,000 square feet of commercial land uses may be constructed on lands designated as "C", Commercial on the CPUD Master Plan. A minimum of 100,000 square feet of indoor storage uses(s) must be constructed within the CPUD, and a maximum of 20,000 square feet of other permitted uses may be constructed within the CPUD. 3.3 GENERAL DESCRIPTION • Areas designated as "C,„ on the Master Plan are designed to accommodate a mix of commercial land uses including indoor self storage, general and medical office, and retail commercial generally consistent with the retail commercial uses found in the C-3 Zoning District. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Commercial Land Uses 1. Amusement and recreation services (groups 7911 (excluding discotheques and dance halls) and 7991). 2. Auto rental and services (group, 7515). 3. Business services (groups 7311, 7313, 7322 — 7338, 7361, 7371 — 7383 4. Depository and non -depository institutions (groups 6021 — 6199). 5. Eating places (existing only). The existing Naples Dinner Theater may continue operations through June 1, 2008. 6. Educational services (groups 8231 — 8249 (no exterior instruction of motorized equipment), 8299). • 7. Health services (groups 8011 —8059, 8071 — 8092, and 8099). 8. Holding and other investment offices (groups 6712 — 6799). 9. Insurance carriers, agents, brokers, and services (groups 6311 — 6399, 6411). BRB DEVELOPMENT CPUD(BCC Rev061506)c1ean.dm 3-1 • • • 10. Legal services (group 8111). 11. Museums and art galleries (group 8412). 12. Professional offices, research, and management consulting services (groups 8711 — 8721, 8732 — 8743, 8748). 13. Public administration (groups 9111 — 9222, 9229 — 9661). 14. Real estate agents and managers (groups 6512, 6531 — 6552). 15. Security and commodity dealers (groups 6211 — 6289). 16. Social services (groups 8322 (only adult day care services, counseling services, and senior citizens associations), 8351). 17. Travel agencies (group 4724). 18. Veterinary services (group 0742 for household pets only and without any overnight boarding or outside kennels). 19. Warehousing (group 4225 indoor climate controlled self storage with no outdoor storage, no on-site maintenance, assembly, manufacturing activities, and no metal roll -up garage doors). 20. Any other uses that are comparable in nature and as determined by the Board of Zoning Appeals. B. Accessory Uses and Structures: Accessory uses and structures customarily associated with the principal uses permitted in this District. 3.5 DEVELOPMENT STANDARDS A. The following development standards shall govern development within the BRB Development CPUD Development Area. Minimum yards Front: Twenty-five (25') feet. Side: Twenty (20') feet. Rear: Twenty (20') feet. 2. Maximum height — Three (3) stories not to exceed an actual height of forty-five (45') feet, except that the elevator shaft(s) may be a maximum height of 50'. BRB DEVELOPMENTCPUD(BCC Rev061506)c1ean.doc 3-2 SECTION IV GENERAL DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the BRB Development CPDD. 4.2 PUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in accordance with the final site development plans, final subdivision plans and all applicable State and local laws, codes and regulations at the time of application approval except where specifically noted. B. The CPUD Conceptual Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary/final subdivision plat or site • development plan approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. 4.3 ENGINEERING Except as noted herein, all project development will occur consistent with the LDC. 4.4 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the Project by the Developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to the LDC, as amended, except as may be provided in this CPUD Document. B. Upon completion of the utility facilities, they shall be tested to ensure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitary sewer system • shall be customers of the County and subject to Ordinance Number 04-31. BRB DEVELOPMENT CPUD(BCC Rev061506)c1ean.dm 4-1 • 4.5 WATER MANAGEMENT A. In accordance with the Rules of the South Florida Water Management District, this project shall be designed for a storm event of a 3 -day duration and 25 -year return frequency. B. An Excavation Permit will be required for the proposed lakes in accordance with the LDC. All lake dimensions will be approved at the time of excavation permit approval. C. The BRB Development CPUD conceptual surface water management system is described in the Surface Water Management and Utilities Report that has been included in the CPUD Rezone application materials. 4.6 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: • A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first certificate of occupancy (CO). C. Access points, including both driveways and proposed streets, shown on the CPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. No. 01-247), as it may be amended from time to time, and with the Collier County Long -Range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is approved. • D. Site -related improvements (as apposed to system -related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required BRB DEVELOPMENT CPUD(BCC Rev061506)c1ean.dm 4-2 • improvements shall be in place and available to the public prior to the issuance of the first CO. E. Road impact fees shall be paid in accordance with County applicable ordinances as they may be amended. F. All work within Collier County rights-of-way or public easements shall require a right-of-way permit. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this CPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence • of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and County shall have no responsibility for maintenance of any such facilities. J. If any required tum lane improvement requires the use of existing County right-of-way or easement, compensating right-of-way, shall be provided without cost to the County as a consequence of such improvement. If it is determined that additional right-of-way is necessary for tum lane improvements to Cypress Way East, the developer shall provide right-of- way to Collier County only to the extent necessary to accommodate tum lane improvements on Cypress Way East. K. If, in the sole opinion of the County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of- way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. L. The project traffic shall be limited to a maximum of 295 peak hour trips for • any combination of uses permitted within the CPDD. BRB DEVELOPMENT CPUD(BCC ReY061506)clean.doc 4-3 • M. If Collier County determines that the existing bridge at Cypress Way East is to remain, the developer shall make a payment of $25,000 to Collier County prior to the issuance of the certificate of occupancy for the indoor self storage facility. 4.7 ENVIRONMENTAL A. This CPUD shall comply with the guidelines of the USFWS and FFWCC for impacts to protected species. A Habitat Management Plan for those species shall be submitted to environmental review staff for review and approval prior to site development plan approval. B. All category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from the entire property and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. C. All approved agency (SFWMD, ACOE, FFWCC) permits as applicable shall be submitted prior to final site development plan/construction plan • approval. • BRB DEVELOPMENTCPUD(BCC Rev061506)c1ean.doc 4-4 0 0 0 ISSISTC0 JVFFG. FA:FLITY OKI RNI-1 IV C T fmOp 0111, 01, �100 F 0., TING -_—. ........... . IT ll.l I It 01 �01 -01 . . .... F A .. . 1 IC TTP[ A I 0 SCArC PUFr[R,, 7 RES' EFFTI-L -Cr( AVSISUO L14NO $ACLIFY FAULTI FAF—Ly ED RMF -It I. LIETENIJON ARCS 2 A �f T- r,,c, nnc T- Q.GRADY VINOR AND ASSOCIATES, P.A. BRB DEVELOPMENT CPUD -Xifl3lT A MAPtCS D,F4KR TKA"C mr. WWFR;nnxn,.• I,IND FtOFFYra; ri www A%SO IATCS. LTO po *01 '23' (,-,ONCFP!6AL MVTFR PLAN SAMA ROSA Kst�. FL 32A51-931fIF OF OF hI crriccs FFFCR BLVCI MEDWAL C,,,Mf!CFC&L OFFICE FVO TF AR"r-A .[ 'ET' 15 I.,.,DsrApE 8,,rrEq C, "I LAW 9uf R FE sj,,,rtT,5 I,fz O;fH Cr ACK, . .......... . ... 0 0 0 OKI RNI-1 IV C T fmOp 0111, 01, �100 0., TING -_—. ........... . IT ll.l I It 01 �01 -01 . . .... I kAMI WCON't"ILE WIRER 2 A �f T- r,,c, nnc , Q.GRADY VINOR AND ASSOCIATES, P.A. BRB DEVELOPMENT CPUD -Xifl3lT A MAPtCS D,F4KR TKA"C mr. WWFR;nnxn,.• I,IND FtOFFYra; ri www A%SO IATCS. LTO po *01 '23' (,-,ONCFP!6AL MVTFR PLAN SAMA ROSA Kst�. FL 32A51-931fIF OF OF 0 0 0 0 ROADWAY usturmT M MT rr x I -M IX, 1`1$ LLLL 111.1 i I I + -4iNN ARD .......... 71 . . .... .... ....... J raj NV DETAIL "A" 71, Z11, naw own7piffs CRADY MINOR AM elm mm"Im - LAND SURVEY IT -lop cmimpup P" nlaa+rocrro no asfvlax .. • BRB DEVELOPMENT CPUD LEGAL DESCRIPTION EXHIBIT "C" FOLIO NUMBERS 65370800001 and 65370720000 A PORTION OF BLOCK B, PALM RIVER ESTATES UNIT NO. 4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PAGES 69 AND 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF BLOCK B, PALM RIVER ESTATES UNIT NO. 4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PAGES 69 AND 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89°26'27" WEST, ALONG THE SOUTH LINE OF SAID BLOCK B AND THE NORTH LINE OF PIPER BOULEVARD, A 60 FOOT WIDE RIGHT-OF- WAY, FOR A DISTANCE OF 514.13 FEET; THENCE RUN NORTH 00'33'33" WEST FOR A DISTANCE OF 310.00 FEET; THENCE RUN NORTH 89°26'27" EAST, PARALLEL WITH THE SOUTH LINE OF SAID BLOCK B, FOR A DISTANCE OF 129.00 FEET; THENCE RUN SOUTH 00°33'33" EAST FOR A DISTANCE OF 70.00 FEET; THENCE RUN NORTH 89°26'27" EAST, PARALLEL WITH THE SOUTH LINE OF SAID BLOCK B, FOR A DISTANCE OF 213.76 FEET; THENCE RUN NORTH • 00038'55" WEST FOR A DISTANCE OF 49.51 FEET; THENCE RUN NORTH 89021'05" EAST FOR A DISTANCE OF 171.25 FEET TO A POINT ON THE EAST LINE OF SAID BLOCK B AND THE WEST LINE OF CYPRESS WAY, SAID POINT BEING 275.78 FEET SOUTH OF THE NORTHEAST CORNER OF SAID BLOCK B; THENCE RUN SOUTH 00035'50" EAST, ALONG THE EAST LINE OF SAID BLOCK B, FOR A DISTANCE OF 289.78 FEET TO THE POINT OF BEGINNING; CONTAINING 3.235 ACRES, MORE OR LESS. • • • m � z w �Y z F- a - 7 w - G� � 2 � LZ 2 � Q W C a Z d G a] c 2 - .-.. C1%RESS W- i ! 1 1 c 1 f Z j \ f \ 1 4 i • • • STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2006-34 Which was adopted by the Board of County Commissioners on the 20th day of June, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of • County Commissioners of Collier County, Florida, this 26th day of June, 2006. r� DWIGHT E. BROCK Clerk of Courts and Clerk Ex -officio to Board of County Commissioners �x By: Ann Jennejohn, Deputy Clerk AFFIDAVIT OF COMPLIANCE Piper Boulevard Medical Office Sign Variance Petition Number - PL20170001467 I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a Sign Variance. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letter, and property owner's which are hereby made a part of this Affidavit of Compliance. Sharon Umpenhour, Senior Planning Technician Q. Grady Minor and Associates, P.A. State of Florida County of Lee The foregoing Affidavit of compliance was acknowledged before me this 21st day of June, 2017 by Sharon Umpenhour as Senior Planning Technician of Q. Grady Minor and Associates, P.A who is personally known to me or who has-predueed— as idenfifieation. (Sign re of Notary ubli (Notary Seal) Joanne Janes otPar p;8�� JOANNE JAMES Printed Name of Notary* My COMMISSION 9 FF =20 EXPIRES: March 14, 2018 • ��'�'arF4o�'r Bonded Tlrcu6udgdNotary 5ervices GradyMinor • Civil Engineers • Land Surveyors • Planners • Landscape Architects June 20, 2017 RE: Piper Boulevard Medical Office Sign Variance Petition Number - PL20170001467 Dear Property Owner: A formal application has been submitted to Collier County seeking a variance from Section 5.06.04.F.1 of the Land Development Code (LDC) by Equity Piper Naples, LLC for the following described property: BRB Development CPUD located on the northwest quadrant of Piper Boulevard and Cypress Way East in Section 23, Township, 48 South, Range 25 East, Collier County, Florida. Equity Piper Naples, LLC is asking the county to approve this application to allow a reduction in the 1,000 -foot separation standard to permit the PUD to have two pole signs approximately 240 • feet apart. The pole sign will comply with all sign copy area, size requirements and setbacks as permitted for non-residential uses in Section 5.06.04 of the LDC. The variance will simply authorize the tenant (physician's office) to have a separate sign identifying the business name of this separate building in the PUD. If you have any questions or comments, you may contact me by e-mail, phone, fax or mail to: sumpenhour@gradyminor.com, phone 239-947-1144, fax 239-947-0375, Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Sincerely, Sharon Umpenhour Senior Planning Technician • Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com Piper Medical Office Building GradvXllnor 260 130 0 260 Feet Civil Engineers • Land Surveyors • Planners • Landscape Architects N 0 0 • • • -------------- I ------ II I EX. DRY DETENTION I III i, PROPERTY UNE \ I — • — • — • — • — • — .......... —•—•—•—• ..... — —•—• ........ II I � L I I • EX�P� � fe o o e —� � i i, II f I I — — — ' _ I I I L F J L• r UNIT 101 t -I II J I I •, I I I ( II I I --1 I/ I I I PROPER LLINE I I I I� i r J• I r II EX. LOCK-UP STORAGE I I / I � r I I I. ` I ooe e UNIT 1 � I PIPER BOULEVARD EUP SIGN o _ LAND CONDOMINIUM X. LOCK — — — — — — El x _ -" ---- ----- --- // \\ PROPERTY LINE 7 \ -- - — — — — — — — — — — — = — — — — — — — — — = — � — — — — = — — — = =u= _ - — -PIPER BOULEVARD (PUBLIC) - ------------------------------------------------ ® GradyMinor ° °"�""" � � P.A. Bantu 9~,nWft 94194 flvll N;nglneere LandSurveyors I'f9n I,9nd9Enpe architects tum¢u en.�ae. 1199111) �meum@ndn J .....a Pnol MS�x»� L:14.9911.A;aM1 PIPER MEDICAL OFFICE BUILDING MONUMENT SIGN EXHIBIT N i o®. 11x17 SCALE: 1" = 40' SHEET I OF 8 PL3017 0146) 4216/2011 III 62015001249 1 APLES KEEP LLC 061 03-149 WADING :A LL )51062 1931 CONASSFT STREET TRUST ]95860001 4 FNIIIII 67958)51663 A EULLO. STEVEN MICHAEL 0128 A NIS11—P fi]958751169 A MKxAfl85V5AN 6)958]52815 4 ER IEROMF 679587SOSOB A R OFITZCHABLFSTRUSi N21 ISO, ANKROM, SUSAN [OEVITT LIV REV TRUST MES 6]958)530381 A 922 TONEFAM'I,IOr 500130) A 6701 ES ARMSTRONG, FREDERICK & ANNE R 6]9 5 815 90 01 aRRUDA, McNMII 64530000066 AUGHTON, WILLIAM G&VALERIEA UNG, Ull 3015OW321 Ay ESUSU2ANNE 6 BFF? IUAINRI tl311 46690000 1330006 B IR. BILLY 70E&NICKIR 63015000143 8 KIST NEI 6795B753D02BARTON,fRB UxpA 0403 B ASI S BfAN,M CHAELPOM 30.80000 BEAVPRF, LOP] l 67958752 SCE B ]3316WW9 NAMEl NAME4 SI IONNNr[ANI DRIVE 3ZNICH05 STREET 3221 BEN9[IP CT PD BOK 530 O]BOX 3NW AY .NII UNE O xG B,ED[AS EACLLE NM103 1620 CA -EL DRIVE RD BOX 504 70660U1.CKS RUN 7036 TAEPoRBAY OR N%101 - l6 CWEE55 wAVE bei4 153 WADING BIRDOP APT 104 34119 SHEARWFTEI LANE EGALO EIRCLf vpREi WAYS APTB 3309 [OW NS IN 30 H1DOEx RIVER IN 130 CYPR1s5 WAY f K 107 24)PERHAM ST 171 WADI NG BIRD CIRPPT 306 v3os l2p CYPRESS wAVUE R NAMES NAMES LEGPI A CONDOMINIUM UNIT 806 Ft 34110-0000 NAPLES ED LMPSCOTL, MA 0190 -IO34 RAIINIIAI UMI�103 ES FL 1W--1366) POINTE ACONOOMINIUM 1303 DEDHAM, mA402037- BG SPDINLE ACONDOMNIUM E-103 NAPLES, FL 34110- ONDALF CONDOMINIUM OF PALM RIVER, TIE BLDG C-1 HEWITT, NI 07921-0003 OINTF A CONDOMINIUM M-101 NAPLES, EI 3.109 -WW ER's POINTE A CONDOMINIUM A-102 BfNSALfM, PA 19030.-0000 PIPER'S POINTE A COu00MINIUM 1102 NgOIESfL 34110--0000 vPER'S PoINRgCOxoOMNUM M303 LAWRENCE. KS 6606)-1938 APER'EPOINTE A CONDOMINIUM CI05 ITASPRINGS,FL 3413 -OSD4 SH PINES A CONDOMINIUM UNIT D"117-2 NAPLESFt 34 -WW AROIDALITONGOMINIUM OF PALM RIVER, THE BLDG BJ ugpLFS, fI 369-0000 ER'S POI NTE A CONDOMINIUM N lD2 34136-0000 VIPER'S POINTE A CONDOMINIUM P 101 ARE it 34110.WW SKEEPACONOOMINIUM UNIT 901 HAPHE1160000 gCOuOOMINIUM UNN SDO 31110-9221 OEUTE A CONDOMINIUM 1101 NAPLES'4%TREE MEO UI CFNRR ACONoOMINIUM UUIT3W APLES, FI 34 0000 PIPER'S PoINTE A CONDOMINIUM V 102 FL 34 D--1220 NAPLES KEEP A CONDOMINIUM UNIT 208 MLLE, KVl40 GOOD TREE OFITERTBACT"C' UN, iN ]0695 E902 LFCONDOMINIUM OF PALM RIVER, THE BLDG F-5 PLF6 ELF3.110-9223 PLES EEPA IGIDOMINIUMUlIT101 RMINGTON, ME U 0 ER'S POINTE A CONDOMINIUM N 101 NaplE5.FL 34 PIPER'S POINTE4CONOOMNUM B-306 S.fl 34116-i 96 SPOINRACONDOMINIUMV205 NAPLES, IL 36110-1 01 HARONDALE CONDOMINIUM Of PALM EIVEA, THE BIDS a-) ER 5A DOLE RIV, NI 2 01458-202] ERS POINTE A CONDOMIMUM N1 IN E CONDOMINIUM O[ PALM RIVER, THE BLDG G 4 IO�IT SECT TW RANGE 11 M 35 103 18 201 e 203 13 48 35 CI e 01 73 75 302 4B 33 ZS E3 5 8 25 D3 9 e B4 3 dB TO d8 23 S3 B 8 IS W 13 48 102 E3 1 21 S 3 ZS 202' 13 5 ES 1 AS ME 92' 0 101 a8 3 25 MELISSAALEN 67958)52176 BFFBE DEREK BONNPK BEMLEV, ANNIFI ]50043 a 95854564 8 RD, LFONAROMIT&HUGUETR 619 A— B AB DL HOMAYOUN 50099 B JOSEPH BIOANNFI 6201 SWOBaI B 0150W541 0 NDw L.EAR&ENRFTTF 61015 729 eOILIN. STEPHEN 6)958)50445 BOOKER, SARA 6]958)53866 BOTTEBI SR,IOSEHR 62015001605 BRADLEY, IANISC 67958J534A B KAREN 63015001]41 BAZAFAMItY TRUST 73330600M0 BRIDENBfCKER, MARY IEE 6701$000389 BROOKE, MICHAEL D 50160 BRUNfnF. LISA ANN 679587512.0 B NPNAN. ENAPLfSP 6)950]50869 BUCHANAN, THERE. 171SFISI402 ..IN-. i1, PAUL SHAAIGNEL BE[N 116 CYPRESS wAYF AGo TS iAMpRIND RIDGE DR 2110 AEEtlF DRIVE x107 BERGANnNO 206 WEST ST IL09 WADtuG BIRO CIRV306 C/O AN IF HERON WELLNUES CTR 1775 ARLINGTON ST STEI 151 <rPRE53 WAY f103 UCX ST TI1 A CK ST IN MADISON DR IT,NUTAND UR 136 CYPRESS WPYEN50. 381UEBILL AVENUE :810 101 WADING BIRO CP 4101 11550 CYPRESS WAY ERA 1000 RIVER BLVD APT B2Dl v0180%425 122 CYPRESS WAV E APT CI 470115. ST NW 117 WPDING BIRD 01911E IA IN ADING BIRD CIR APT 106 THLFEN ANGSFN 38 NUGD AVE HA BUCHHOI7 TR BUCCHOII FAMILY TRUST 931143RD"" NE O 34110--1350 NAILU.FI 3111 9--2 9 15 PERU. POINTE a[ONOOMINIUM 1302 ES H. 34109--0000 PER'S pO1rvR ACONDO"INIUM w-203 Fw SALEM, MA 01355- 9)59 PER'S vOINR ACONDOMINIUM D-104 NAPlf6fL 34110-9000 VIPER'S PMNR4CONDpMINIUM V... SARASOTA, FL 34239-0000 ER S POINTE ACONDOMINIUM G-306 LES, fL 31130--1 [IFNOAS, THE 4CONOOMINIUM SLOG E3 ATIC"MA D W-3128 VIPER'S POINTEACONDOMINIUM A -IN 411P-1326 ONDONNIAM UNIT 601 lad) 1Z'%FEVA CONDUMIxIUMUNILdo3 NAPLESFL 34330-9328 NAPLES N11 EEP ACONCOMINIUM UNITSM NAP fS, iL 3.108-0000 OINK ACONOOMINIUM LlOi FL 36110-9200 'S ROIxRA CON DOMINIUM T-101 FS EL - 5 PIES KEEP A CONDDMINIVM UNIT 1008 APLES, FL 34 3118 PPA. POINTE A CONDOMINIUM O IDI M, MAIOib42-0 NAPLES NEEP A CONDOMINIUM IN 1107 Es, FL3.110--125�E5 OALECONOUMINIUMOFAPLM RIVER, THE BLDG C3 ESR - EUACOIDUMINILIM UNIT 303 sl 3. 0000 PPERES POINTE A CONDOMIIIUM A IN .A PIPE FL ��9205 PPER'S POINTE A CONOUMINIUM F-106 %. 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ANE CONDOMINIUM OF PALM "P3vU.THE BLDG e3 5 )301500135 N LRfVMICHAEL ARJORIE ANN HANLON 61893RD AVE N OTTAW4, ON CANADAS111 K 3110 8 3-16 3 9 SHARONOALF CONDOMINIUM OF vgHITlM RIVER, THE BLDG G3 15 14 H Si UIU BOURNEMUTN DR N G2 33 6201-1421 H RRDO 11, GREGGAAFL lFO U WHTF'AND RICHMUIELIFOND, AA, 02898-31435 "0 ES KFFPA CONLES KEEP A DOMINIUM UNITM 4 901 613 25 1104 48581N0005 FATTEN,KAREN I FATTENR 2]908 LANCE DR BONTA SPRINGS FL 34135-35)39 ACUNpaSTHE A CONDOMINI Um BLDG O3 ) 2,1 )950600'06 HAIL 35.1 ROBERT& TERRI 90133 NO IN NW API's, MN 55418-107d N50MI 4I0 Of PALMRIVER, THE BLDG B-5 835 BJ51610 H aT61RIIIIEVURUST 113 PALM SUM MIT CIR IOCEEgO NY 13039-8343 l PPEROI POINTE A CONDOM' NUM G IDS 6201-1964]54386 H IIAA HAROLD V HIGGINS IS ..FBI OR ASHUND.MA 01)21--1143 NAPLES KEEP A CONDOMINIUM UNIT 1210 58 LL, FA REBECCA 15 CNgMBOR00RIVE EUOON, NY 1406--0000 NUM v-103 121D 2� IS IS HO2 21 ORINKx CER !4C"AMESSWAVIVE AP1E5, FL 3410 MILE CONDOM UM OF PALM RWEP, THE BIDGDE 48580080W) N O, TIM 1SICYPR1. WAVUST UxITA.E LE5 FL 3 6110-9 3 3 6 ON ORNE FT AL. EARIEE U'NE M TH.M50N STEPHEN A CARNEVALE 141 WADING BIRD CIR APT 101 NAPIES,FL 3411- FPE'I POINTE A CONDOMMNUM G-101 Al 8)51389 PRESS WAY E APT 83 PLES, FL 34110-1259 $MARONDALE CONDOMINIUM OF PALM FIVER, UHF BLDG e3 g'3 3330088660 HOWCROFT,LRaIPHI&SUSANL AVEapr p2 NAPLES34110-1265 SHARONGALI CONDOMINIUM OF PALM RIVER, THE BLDG AS I3 33 95 1 NOWE, GfORGLW&NANCY I ATANSF EFL 303 35 C VER'BUCFI,LFl63z963 0 POINTE ESUTEOSNB LKBB GIA ixE CHR Btk B,S1)5.]eFT,5890fGW1]1.15 fT,549.51 Fi,589 DEGW313.)6ii 1 21 62015021502 HUGHES [HARLESRL 250 KIRTLANO'R NAPLES. FL 34110.-1352331 NAPLES KEEP A CONDOMINIUM UNIT 100] IOU 33 40 IS P1.2017HURD 1467 4/36/201 0/5000583 HUGHES, CHARLES &PGfE 250 NINTGxD DRIVE Fl 36110-0000 PLES KEEP A CONDOMINUM UNIT 105 605 23 15 9330130001 NULSE, $XINLEYM 2ED BAY PT NEAR511 3n103�= ERONDOALECONDOMINUM OE PALM RIVER, THE BLOGA-3 35 5!001 H FW IN. ETEfHAN 118 ADAMS ST DRAM, MA D2 -3610 INTEA CONDOMDIIUM E-106 1795353)BE I[OBAllII lANKIV& GERALDINE INCOBAZZI 6706 W FOREST VIEW LN .IL 60161606 PIPER'S POINTFRCONDOMINI.M A-303 9 61958151745 ESTHER OR 801 TA SPPN1S, L 34134-)960 PLES PCIPA CONDOM xIUM F, x280 80) 3 6 2 015 0 011 6 5 RE"GAxT DEC 38-053 843 98TH AVE u NAPLES, FL 3 -0000 2 48 53530]9 1 RVAOILA KATHLEEN I1AFFER 60 IAIRVIEW CT .IL R0134 -0000 vPEN'I POINTE A CONDOMINIUM 11011 101 9 5 LEVSR PERS 38-057 T355AGAMENTpAVE CHICAGO, IL 60655-2005 S POINTE A CON DOMINIUM V 2. 203 9 015000] IAQUOISRNOREWN NARtES, HE 3110-0000 eLESKfEPACON°OMINIUMUNrt50] 507 3 1S 015000)03 IApUITH, TIMOTHY 136 Cvvg9iwAV FAST#503 A'lFS, FI 31APLES NfF0- 28PA CONDOMINUM UNx 503 901 113 9 5 61015001306 1ANOY. EDWARD 348 CYPRESS WAV E APT] 'ARLES, FL 34111-294AVLFS %FFP ACONDOMIUUM UNx 901 23 00001 1 EDWARFULION REV TRUST C/O WILIIAMAFUITON MERDPIVF RUB.RN, NY 13031--0000 SHARONDALE CONCOMINIUM OF PALM RIVER. THE BLDG F -I F3 23 IS 15 6195352413 IOHu50N, MAPGAR9E YLTAVERNEILI OUTH 66-4142 SVOINTE ACONDOMIrvIUM N206 Oe 9 8 IS 13333360006 101111. LODUNE SUE NESUENEED. TR UST UA_ 110 CYPRESS WAY I APT F6 PES, FL 3< 953 OxOAIE [ONOOMIrvUMOFPALM PIvfP, THE BLDG vb F6 48 IN g HOMETFCH LLC 25TH SUE JONES Lf5 FL 33101-0000 ER-SPOINTEAIGNIEDMINI.—ID4 104 48 61958]54183 KALOGIROU, ANTHONY&NITG ATTSTREET .ORES NEWMARKET, ON AOA "= OINTF A CONDOMINIUMu1Os 105 e 5 62015001345 GNANI, FFTIMI&PADDED 148 CYPRESS WAYE NAPLES, FI 341°-9246 ESIEEE A COENACON CONDOMINIUM MIT 003 903 68 ]5199 KELLY, EVAC MILTOA 0986-5616 FR'SPOINTFACONOOMINIUMX30x 1C 15 3818 K TIMOTYp 1a51WAD UG BIRD CIR 6103 E5, FL134110-9219 G'S POINTE ACONoOMINIUM N�IOI 102 119 152861 K ETH I MERFICK IR FAM♦1157 MRIVG0LV0 ES.11 36110.-0000 APER'SPOINTEACOGONDED1 M305 305 41 11 66 11 4 E'RE.910006 KENEKESIP.IOXx CYPRESS WAYE R'iG R'tfi Fl 341D-1333 SH PINES A CONDOMIrvUM UNIT D-] DI 23 DE.IOAN[ OAKS WAVN103 SF134110�-9215 PVPER'S POINTE A CONDOMI NU M I No 102 5351603 x epTgICK. TOY&aMOfRIY AND AIR fIf GROVE. AR I'._41 PIPER'S POINTE A CONDOMINIUM W-1023,51 A 6 6795815160 6 NUG, IAMESE&ROBGTAA NAGOG HIIL AO ACTON, MA 0 0--3x01 OINTE A CONDOMINUM G 206 5 6 3 015 0 018.9 K NI SUE 151 CYPRESS WAYE APT2 KARL- ES KEEP CONDOMINIUM UNx 1202 3°1 FSFL 411540 N TG&CAROTI LFv1EW CLI 38-ODCO UM UxITICKS 100 35 001019 K GROUNfi NANTONFTWP, MI 480 PKEOfNT III CONDOMINIUM UNIT 7035 035 3 ]51901 N NNI 111. POOGTi OIG MRD OR APT 201 NAPS. FL 3110. 9330 Kf 11 E A CONDOMINIUM 1-301 101 23 61958)52948 NNESLEY..080748 x103 PLES, F136 0-12'. q'S PoINIFACONDOMInIUMN13 3 5 s9s3sdD9 KOEHIER.uG aaDCRAPT:D3 3110-9z.o EP's POINTE Acorv.oMlrvUm T3o3 zD3 i3 ODd6 K SR, U'A FL 3110-9288 SPANISH PINES CONDOMINIUM UNIT 2 NKA BE. B UNIT 2 25 21 6)958]51541 K 110111/110 C10IIG3 SFE 9118 OINTEACO 1N"11%N203 2.Z3 ]16 6 0 3 2 013] K 35 EYPPf55 WAVE APiF PLES, FL 3n 01283 PUESACONDOMINI UM UNx6 NKA eLOG O.UTe 9 16690000302 G ,PAULAN MIT UNION 'O 80%3848 DNADS'11 49501--0000 ENITREE CENTER TRACT" A' OR 1713 PG 1180 2 21 NDRAPI000981 U CAL]ITU RD BOY Y2ING STONE LN '1 34119 341 NAPIES KEEP A CONDOMINIUM UNIT 701 21 62EHIDODE 1 111, BUIIAR&MNL 8LAZUNEG BEIFARDWIL1E,U 0)924--252 EP' SPOINTEA[ONDOMINIUMO-206 06 11 N 6]9535231 GMPRONA,PA ERNESTI &ANGFLAM NRD GROVELANO. MA C-1 D.H.6 eIPG'S POINTE ACDNOOMINIUM M30d 304 17x0041 G AIOSENEST IPH .S FL 31116-0000 TIRONDALE CONDOMUUM OE PALM RIVER THE BLDG f S ES 40 35 UGG 485RD6W°05 LAND" A YI.E.PHB KAREN 151 CYPRESS WAY E BFI of K2P40W14100 E A CONDOMINIUM GB20eB 9 152567 LAAMORE. MARKPOBERT 1111 GE.—ABO. UZK 99 METCALFE ST NI009—AWA.ON OF SPoIxTEACON00MINIUMWl0 201 13 e 6]9589300 L HAROICB KATHLEEN LARSON 3PEACHTREE LANE COVENT 0916-4635 6)958]52605 G FNZO. MI[HELF&[IEUA 13610PIWFSi 41]x0501,0 UNADARYu902rv2 FN'S VOINTE ACONOOMINIUM Lx0d2 106 48 015000208 LGOERS BRIAN VOILES LEADERS 539 FASTNOOD 0Rw8 E1, FI 34110-0000 ELESKEEPR<ONGOMIN KI UNIT 202 102 B 5 6)958)53416 LfxAIEUP,'A.IFTTEC APLES, it 34108--0000 'S POINR A CONDO HIREM P303 2 3 5 8]54069 l RIIR,IOHE" SUSAN] 100WAD NG BIRD [IR APE ZOS NAPLES,F 31110-9 2 0 0 PIPER'S POINTE A CONOOMINIUMT305 105 2 d8 6]958]51)02 EDWIN, ROS PORN C MASONAVI CHIGGO LIL 606 360 PIPER'S eOINTE ACONCOMINUM M-103 303 9 25 ]95891185 LIVIGSTON, EDWARDM DWG BIRO CIN FS E131 O-9305 PIVEN BLVD LAND CONDOMINIUMF-]Ol 111 9 25 6195300001E LOCK -HP EVERGREEN OfVfl0'MFNi N FS LLC 80041 FPONlAGE RD THFlFLD, 11260633--0ppp PIPER BLVD ]AND CONOOMINIUMACOMMFNCIAIGG CONWMINIUM UNIT] 9 9 25 52015000428 UNG N, ROBERT PRETIP I LO ell 633 POMPANO DOVE NAPLES. FI 31110-41°0 FS KFE'ACONOOMIx1UM.NIi 305 9 60800003 l PO00%1100 KILGORE,9 ]5663--1]00 SPANISH PINES A CONDOMINIUM UNIT Od Dd AB 5 6]958]52809 LOPERL1ESttYA&IEANM 165 WADING BtPO CIRCLE UNIT 302NAPIll0 0000 5 O 202 35 395351$80 L [AMEN TRUST 113WADIxGNEDCIRCLENICI ,FL 3310--0410 PER'S KEEP A AC0uDOMINUMW 101 101 3 25 61015004183 IOU RfAL ESTATE LLC FEWENIOIABAR1 255E IG AVE x319 FL 33131--0000 NAPLES KEEPA CONOOMIN1UM UNIT 303 103 15 6958]54661 MACBETH, DOUGLAS I I PHVLLIS E POSE VIRGINIA RD DING, PA 19611 0000 PIPER SPOINTE A CONDOMINIUM41305 105 9 9 35 6]958]52381 MAIOAIR, WAITFRH&NATHLFFu 1010HN DN EW BOSTON, MI 60161-- 3 OINK R[ONOOMINIUM K-106 1i e 6]958)54361 M FTAGSESC CORP 02 COLINA Ci TI RO, FL 33938-0000 90 l 1"1"V-101 5 52015000567 M FREOE ICN&R ANNA 5 138 CYPRESS WAY FAST#490 NAPIER, FL 34110-00°0 041 PIA' LES KOEEPACONDOM1uIVM UNx 606 23 48 2 5384 M CHIONNf RFRANK OS SONAVE EN STAND, NY 1031- PER'S POINTE A CONDOMINIUM W 105 25 14 1111 MARCUS, BRAD&SHELLEv e9 UPEN DRIVE NAPIEi. FL 3d 03-L041 -0 SPANISH PINESA[ONOOMINIUM UNIT BLOGBUNIi3 2303 IS 9 0 15 6]958]533 NOR APFTgAK05 TRUST 65P4 MILLCRFEK Btv0 vDUNGSTOWN`OH 4 13310) SVOINTEACON00M1NUM U-301 3 6201500 1]86 M KINS 1Fv mU5T 31295 HAMMOnO GKE AD EST 4�-0000 R'Lf$ KEEP ACOnDOM1rvIUMUG 3201 3301 d8 8751728 MARSEL pN &'AVG LISTCLANAGE OTTAWA, ON PIPF.11 POINR A GOND—FIDNA M-304 104 23 35 21 9564100009 OLA, GEORGE& MARILYN 341 CYPRESS WAYE BG)HAPHES31110 .D00 13 67%891088 MACAPTY,xOHN D&MARY l0. SS STRAWBERRY LN SCIT TUA`Mq 10 2 066-3 616 PIPER ACONDOMINUM f3011 106 35 893086 M MI&COLOBES N P B MICHAEL I MC CART] 19119 WEITHIOIT MI 3150 x03 G'SPOINTEACONOOMIN EM O-102 202 9 25 ]958)5369 MC R1i YYTR.IOTT01&MARYK MC WETY IN UST UTD 231-3 145 WADING BIRD OR APT 101 APLEl FL 33109x19 eOINTAEC CONDOMINIUM I"1 018 13 21 25 6201500900 MCDANIEL STUART S& LINDA TILE CHESTNUTINNE LYNDHURST,VA 22951--0DOG KEEP ONOOMINUM UNIT 1100 13 560000 M fpglAu0, EPA I KELLY LEAN 116N[VPRESS wAYEIIGI SFL 31110-1251 ARONDAIE CONDOMINIUM OF PALM RIVER. THE BLOC G-3 113 35 ]958]51409 M ESE&VIKTORUA LBLvO F1REYEF0RIOu, MI Oe161--0000 RPERI POINTE A CONDOMINIUM M10d 35 TILA— 1INIUM-04 '0' 6195 7S3921 MCMANUE,THOMASP&THERESA BGGu1N .RIGH APLESFL 314,x13-'1506 NAPLES KEFSEEP A CONDODMINIUNA UNIT 308 9 i5 GYON, .0-01158 2uuEV MCNAUGMON 136 CYPRESS WAY FAPT 0MEN - 25 3953515ZS MCNUItt, DANIELL HN=&ANNE MCNULtt 141WADI GCBIRDCPAPT 301 APlfS. iL 31100 PIPER'S POIxTEACONDOMINIUM 1303 13 e 6)958]5934 M OHNB ANNE WESTPDXBUPv.1MA9011 - 'S POINTE A CONDOMINIUM F 105 15 RPIO FL 331]5-708613 NAPLES KEG4CONOOMINI.M UNIT d0] nB 3 21 1810 1 581100000 M ASUGNLE OS 153 CYPRESS WAYEE APT E103 NAPLES, fL 31110-1218 110E21 DIANA AMEUNA eGIMRDSTNEFTp201 GAITHEPSBURG, MD1203]-000062015M 1647 M vLFi KFEPTA CONDOM NMUM UNxL11033 58)50586 MCTHAEKIAKYTNUST SOTTILE KIRK TRUST 33 DfMAPFSLRVE FI,W 07669 306 PIPER'S POINTFA[ONCOMINIUM L208 Z03 5 6]958]5901 MIGAG, ALFxgNORfF&LGNM 3]13 DEXOOP FOIOWERLMOUND, T% 75032 -TROD SVO1uiEA CO NDOMUUM N�lO2 9 6195351965 M IORIRM 33 WILLISTON RD SAGANICH BCH, MA 02561-2804 'I RD— A CONDOMINIUM 1306 W23 35 61958]50681 M RIGEDR EASLEV, SC 29412-8209 PEP'S PoINTf A CONDOMINIUM 0 102 a8 3 53268 M pvFTTE AA& 153 WADIxG BIRO CIRpI-206 34116-9111 PIPER'S POINTE A CONDOMINIUM I-101 201 13 6x01500139 MILLER, PATRCIAM NE GNf ES. FL 31109--0000 NAPLES KEEP A CONDOMINIUM UNx8.5 9 ZS MILLER, GTR CI AVEAPTI NAPLES , FL 34 6-1205 S IDIP A roNDOMINIUM UNx301 3.1 I3 ]0050 317 1363 M 1LLC 28/00000 GRES OR 11 --4512 PFNFS'OIrvTE ACOxDOMINWM F�306 O5 48 01541103 MINDED, SUZAxNE 31105_ AP LES KEEP A CONDOMINIUM UNIT 106 106 48 0/5001689 M MAMSAEILEEN ISdCVP... WRY E APT APLES FL R6110�9291 NAPLES KEEP4CONCOMINI.MUNx 1101 1104 5 330030000E MttHEII L3568 sKILBOURN AVE 6 ALSIP, IL W 3-3159 NHRNONOWE CONDOM I xIUM OF PALM RIVER. THE OLD. AS p5 9 2 0150009°) MONAH4NMICHAEMAD1E1 6795 HUNTERS RD NAPLES. 109 053] ARfi KEFPPCONDOMINIUM -01x605 605 35 18581380000 MONTCGIPE LEDPARING ' 368 STATER STREET SUITE 300 WA, OH DA 184501 HACIENDAS, THEA CONOOMIuI UM BLDG OA 9 ZS 48500860001 MONTCLAIRE LTD PPTNSHVSH 100-3685GrER STREET OnAWA, ON NADAFK HACIENDAS, THE A[ONOOMINUM BLDG C'S 9 9 53883 M OY, BAPBARAA lCI WADING BIRO CIRClF P101 FEES., 86110--00 0 0 RSPOINTEACONOOMINIUM T-102 03 e 0150416/8 MORE TR 3AME51 AMFSR MOONS REV TRUST IRNETM MOOaE TR IANETM MOOPE REV TRUST ]746 BRISTOL PARK DR Y AER, 16049-8519 NAPLES KEEPFE E,ACONDOMINIUMUNIT419 '2" 68 63035000305 MOSS, GURNI I3x iV%If$$ WAY GST 820) NAELAND 34ISUN POINTL ONDOMUIUMUN 2GE 23 9 25 61958)53)3 MOSS, PETER HOWARD&aEYE NEW BASINGSTOKE MPSHIRE FGGND PG 5 FS POUTEACONDOMIxIUM 8301 1i e 6]9589910 M rIA&A%EL GNILIGREEq$TN3 HAMB.RG GERMANY 322085 UA RS PoINTE A COGOMINI.M%302 9 25 5015 060] M.FL1G` HANS ULeICH EDGE MERICP COHAUS RICH 33 STADTIOHN NY 6303 IP ER'SPoINTEACONDOMINIUM0301 112 �1 a8 48581320009 MUIR, BARBARA CYPRESS WAV EAPT E101 NAPfS, PL 31110-1248 HACIENDAS THE A CONDOMINIUM BLDG E-1 d8 133302— M Dv,CAPOIa APLES iL 31105--1258 SHAIONDALECOu00mINUMOFPALMUVER,FNEBLDGB-1 48 1-2 R:AW, CAROL LLENAPLES, FL 34116 1258 HARONDALECONDOMINIHNIGIMLMRrvER,THEOLDG C3 6958] 54399 MURIEL,WCION&GRMFx 1ADG BIRD CIRCLE FROM LES FL 34110 -0041 PIPERS POINTFA[ONDOMINIUMU304 002 23 i5 6-975— HY. MARY BfiX&IOHNW OAKS WAY 1203 NAPLES, FL 3110:-4141 R'S POINTE A CONDOMINIUM P-202 9 ae 9 620150D 1949 MVGi, BRADLEYA 33D1 [MON LN NAPLES HE 36120-0000 NAPLES KEEP ACONDOMIFUR. UNIT -1 1209 23 25 0 0 0 • • 154562, ./26110 2346 x SSKI OTO& RpSUVASG41 EN4NGBPO GLI IT OAK UNE 1119-000011: 'S 111 INTE A CONDOM I NIUM "I I'S s79se>sleel xagoorcK, rvgxcrlq 'S we aA nos L 3 eTE=cprvppMlrvluM raW 3 a 2sz11a NESHEIWAi ROA wEH1MsoN rnv6uuE AP MDEaxO AVE Al; IF xv uE3reitv10o9oeza opoD �vERS PpNTEAmuooMlxluM E-1o6 1.6 23 19 zs 6]958 =11I WA, IRA NC 10]OWCENTURYDAN STE 101 CONDOMINIUM II 6295875126. x eMls PIR'S POINT'PONTE A 11 DUN 1211 1s 1868 N NOU1, GARY W&MARIE NN BIRD CIA APT 105 CNEIw SO-134aWe 15 P�p 529908CBW02 NYK SEPATRCIA LBRAIOT ST bi NOPWALKL CT 20�6855�LOW ]NTE=CON OMINIUMV,EOt 5 O YPREISRSPWAYf APT 8304 APTS, '1CONDOMINIUM BLDG Bd 3 25 35300WOZ1 OAKTREERSOBFgFTROAMIIV LIMBED Si puEENS AW BONITA SPgINGS, IL _12: 3131-3802 MED CAL CFNRq A[ONDOMINIUM UNR 100 a1 ]3350'10005 O B.RUSi lvNl HN DBRIEN PATRICE OEANN 06RIEN 21325 RUM RIVER ORII NI =NOXI MN 55303-8999 E COxOpMINUM OF PALM RIVER, THE BLW 03 B3 50516 O RNICK, NY 11566- ACON-111 MGI. 6]9587500.] OLSENII�M=RVEEE N 17 WADING BIRD CIA X102 NAP361106-L000 o POINTE 6]958]SZ>86 OlUF5, 5TEPNAME 165 WADING BIROCIR APr2O1 APLES. iL 31 0-9206 S PoNTE A CONAT DOMINIUM M6321 8)50380 ONES`ED"'A E`Cv GIOVAINA TE STE ONES] III 0ALUNTVNEN MONTREAL, QC AIR'S PeNFEACONeOMINNM8305 67958750762 DID TD, LOUIS C& gOGEIWM 2WOOLSIYAIF N4oA H.K IC2 1542 809'6 PONTEACONDOMINIUM p�IW )3 2015054388 O 4NFK, SNgAONA .&DIANE PAFifIE 3163 CHAMBERLAIN HILL AO MIDDLETTOW I IMS1 U0 A CONDOMINIUM UNIT9051. PONALNxEFT wqr Ei, NI. 0 IES PoENTE ACONOOMINIUM Ui03 )4660320113 PALEA YCeiMATTHE 105 CYPRESS WAVE APT G NEWMNAPLESAP 857- ACONOOM1NI NP>NKa BLDG BUNR7 e 6]95825316] PALKOVIICMLOOIDA TRUsi SEN-33 SLOVAKIA]8a -513] P== A CONDOMINIUM O-106 49 270 160001 PAPA[HPISTOS, COSTAS&MARVA p eA=nSUvq fARF, NN 03281--5316 =NISH IN"" NFSA CONDOMINIUM VNIi AO Al 085IIS60320001 PA0RXg5ENNOAL MRNIgFNNES 131 [vpRE55WAYEpH FL 34110--1251 Sx PINESACONOOMINIUM UxR Ae 15 80400002 PDI EKENNNTNIAA THE A TE A CONDOMINIUM BLDG B3 NAPLES z5 P ASON, ETNA WNNpEG, MeNAPOgil 236110-1250 FNM ONDOMIxNM B-103 15 27958)500336 ULUSiuE AN PETE' TRUST [YPPF55 waY sT MGI NAZI.1110-0000 HgRONOANE COICOMINIUM OP PALMRIVEP, THE BLOCG1 111 PETER JXUIRNI HILL 1350 DIMOCKU APLES, fI 3614 LW0 E A<ONDOMI NIUM D IW 6155B06AW> PERPENFDAP RATNEgSHIp ;ND IA aLBLVO NE 'S p01xTF A CONDOMINIUM W10. STEVE 140E IB T. AVE SW NAPLES . F1 3a 6-0000 E A CONDOMINIUM SLOG Be 6101500013> P NI AS' G PETERS REV UV TRUST 1002. I RVING El 711 IIST III A LIVONIA, MI a NAPLES KEEPACONDpMIrvIUM UNIT 106 PEES, IL 31NAPLES KEEP A CONDOMINIUM UNIT 601 604 Is 4A �11 9582527/4 P MARK&LINDA PPOSPE[T ST 02 121 NIIAIIIDOMINIUMM10s 8)53800 G 13721 P TONE IR, LOUIS IBS GISKD OA%SWAVAle6 NAPLES, 11 3..110-0000 EA'S POINTE A CON DOM I NI UM R-z04 Is 23 a0 6]95 .N EONS ONSIPA PAUL `1ANT E 185 GRAND OA%SW=Y X106R PPERs POINTE A CONDOMINIUM R-106 3 i5 01958]53040 P x ( -0.1 ON =IN ST SUITF9 RSTOwN, P=019001-00W 'S RD All gCONDOMIx1UM8206 23 ZS 5/251308 PNECN,ApU1lf5D GLOAEAG AG IgRF WADING BIRO CIR pF13 OqE 34116-9205 PEA'S PONT'4CONDOMINIUM f-101 4.21 9 WWII P CPOSSING 1202 LLC SOI GOODLERE ROAD NOATH UNIT KD 100 NAPLES, EI 3.1DI'l 00 Pos51NG A COMMERCIAL CONDOMINIUM100-A 100A DIB 1IDISFNG LLC 7600pIEAEEE PD NAPLES. EL 3. 1.46 PIPER'S CROSSING A COM MFRCIAI CONDOMINIUM X300 304 6790a0W144 IE PIHE ;C0�5R5) 11102 LLC 0]G Tif II AX4100 OER'S[ROSSINGACOMMEPCUL CONDOMIxIUM 100-G 29NG 0920002 P 16HRISIRIE GAIANTE ANHD OAKS AY NZ04 114 CYPRESS NAPLES, FL 3130--�903� 'S POINTE=CONOOMINIUM x-20. 213 IS ]CSNYSTA DOGWOOD AYEXOS PLES, FL 31110 DALE CONDOMINIUM Of PALM RIVER, THE BLDG 15 DS 62950]50306 11 P NILIf, KI 10356- KPONIFACONDeMINNM 0103 111 2,3 RNEIL FOPEST VIEW NIN IC INN NI BK SVI756-217 PIPER'S POINTE A CONDOMINIUM 4201 a 25 8569990020 CU A NAPLESUC 6091SPOINTFBLVO 18GARTH MA1owvN POWYS 1ORFEMVERSF133919-0899] DER SUBDIVISION PARCEL QIP .0 5 0461 DUIR%IA, MAUAI I AUREEN QUIRK REVOCABLE TRUST IW9CAMELOF CIRCLE NAPLES, FL 3x119 -D000 E ACONOOMINIUM Llo3 11 62958]50302 RAAIEEtn CAROIP 112 WADING BIRO CIA APT iOl FL 311]0.-1119 PIPER'S POINTE ACONDOMINIUMp20 E3 25 e7sozw RA uc 3039 Eu¢E WAY ES 1 13 zs NAPLES. Ft 3.u9.-1603 ILMI A CONDOMINIUM 4102 01 OGW121 OEAGAN II[ SILVER FO%DR APLES, FL 3a -_8515 OAK tR EMEDK=L CENTER=roNOOMINIUM UNIT 600 106 233308BWOB NRAGUI, MOUNIA PASSI 1EAITDI A'A124..E SHAAONDALF CONDOMIxNM OF PALM IWIR, THE BLDG DJ 67958253820 RE WITIASI LLC 61 BAY SHE-DR LEWES, •OF 19958-13]0 PER'S POINTCoAN"`OMINIUM A-lOs 5823522 ICH fR, WILfgIfD DORISARILHTEA 19 BUSH Si BERGENHELp, NIN P PIPER S p01NTFACONWMINIUM V30a 660360006 RINGIfV, LISA MAPLE 161 CYPPESS WAVE AVIA X[I 34116-11612012 SPANISH PINES A CONOOMINI UM UNIT G3 20. e 1010009 RIVFAA, LORR=IxE CYPRESS WAVE UNIT fl OLfS. 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W 18 35 61545WI061 SA%iON. BRADEfr SS W=Y':'W s ES C'. HSH All 102 NAPLES, FL NAPLES, FL 4-WW PL KEE p 223 NAPLES KEEP A CONDOMINIUM UNO IW 25 Ii2958pi5W1141 5(HMDT, IOHN WE& LOUISE M WAYNE, Pp '6]10_9616 Eq'S POINTFA<Ow00MINIUMT204 10. 18 35 6)915250788 'CHU"'R`IAN ARTEN1 21224 R05ENGARTfN ECKEL M=Nr 082 ♦ PIPEP'S POINTE AA CONDOMINIUM D�201 00 15 0 _25CHRESES80 EV iRVIL pgClF APLES, FI 341W S KEEP A CONDOMINIUM UNIT1106 13 25 SCOTT, LA M E S &CNFAvIF WNERSGAOVF, L 60516-1522 RS pACOAUCVG:A UM UNIT 501 66]6 62958751154 SAOGNf,MICHELLEL 105 NAPLES,fL 3.110-9204 FAYPOIITE A CONDOMINUM F305 105 63 S8O0p7.5 ALTO, MICHAEL WF NIMANNS BLVD NAPLES KEEP A CONDOMINIUM UNIT 505 23 4B 35 3661 SHAH fANNf MARC IATIgPANZERA 393 SHARWOOO DR MLfS. Rt 3.1165)25 R'S INTEACON08MINIUM q-103T.1 21 11 -SCRIN60 SILVAA, MIGVE III BOKRANO MADISON DP FL 3.110-0000 APLES MOF EPA [ONDOMIMUM UNIT IO) 1921 5 DEI= ATNAUfa BOKRANI 321 lAAELSON DR AS 5 4110-o0W Pq LDNDOMINIDM UxR 1208 6795075030 51QUEIAA ETAL, PABLO A DE 133 WADIxGBIROCIR APT 103 PLES, FL 3411D -9201 TE A CONDOMINIUM I-103 103 DIB 62958153302 SLATER, INGINIAM THOMPICH 19W FORT STREET APT PEPS POIN LITIBI iAPLEON, M3 11 P 3 25 000001 GAPEr&fgANTISEK 131 ESS WAY XFJ PLES PL 4130. j00D0E3 SnARONDAIf LONOOM NIUM Die PALM EVER, THE BLDG EJ E1 3 48 i5 111 23 4 BODI.HM EPIRPZ GEO NenINGXAM Dq FL 311W-DOW NAPLES M", AS ceNOOMINIUM UNR1212 13 15 6201500022. 5 &PATFICIAM ORGE& SUSAN M SMIUNICH PO BOX IN LES RUFFALO. NY 1.205-OIOp MINIUM UNIT 103 3032 13 48 48 21 61. CRED A, 5 PISTOPHEA&MAUREEN 3543HNEC SMNH 1075HIPE CT AMORE RL 32773 B000 LESKEEPACONDOMIxIUMUNIT1Wz tD01 48 11 5)059000363 5 gISLOPnER1 MAUREENi FL 3i 73--0000 NAPLES KFEPAC0 COMINIUMUNIT301 3989 SMRH,ROSERT-)p&' NCE51 117 NIGNLAND AVE FORD,PIPERS POINTE A CONDOMINIUM i�3p1 6 009 SMITH. Vq ERNgIIAOATIICIA 241 CYPRESSWAYE ACI gPLES.DDLEFRW3 _ 712 SPANISH PINfSACONDOMINIUM UNIT CJ 63015WIW6 CHERITN'REDG EVRE 152 CYPRESS WAY E AT NAPLES,IL SO 20000 1115 KEEP A CONDOMINIUM UNIT 1202 23 5 752500 SNA I1NT Al ISO EPDX12$ NAPLES, FL 34119-20000 ES KEEP ACONDOMINIUMUxR607 1j 5 SOROCx NIII ELEANOR 49 SNYDER. SANDRA I GOWAPNG FINOLEY, OH .5 .0-WW PIPER'S POINTE A COwDOMINIUM 1105 11 7950251923 119 WADING BIRO CIR APi 2031 33 5 LAND MGMF PD BOK 21680 WE3416- 14112 1 NO 202 13 25 4 5825120 SPITE'ANJUTH THE WATER MGM Vlef 135NOAH RD NORTH SEL NST SVICX, N123W90-1321 SPONT ACONDOMMNNMU.IW 23 8 25 3222 STAN 1111LOCHRfITAN D PATRICIA "IN SIAN5NEID 3 PORT ROYAL CRESCENT Si CATHERINES, ON CANADA U EA POINTE A CONDOMINIUM O-203 6]958)53329 5 MIRIAM 127541=05 UNE PIPE 23 DIA 5 N K1 PIPEP'S POINRACeN00MIxNM P-102 203 z3 15 1305 SFPHENS, HOLIvi W DING BIRD qR APT 103 APLESNFI 3a11669105�00 SPOINTEACONpOMINIUM i�iO3 1012 3 31660080W2 SifPMxS. FHOM45D&RICKVM 9682SWROYAL POINCHIAOR SiARLES, SUCH, FI 34981-0OW SPANISH PINFSACONDOMINIUM UNITE o8 )958]523.2 S ADI s, ANeSTACIA 132 WAD BIRD CIRCLE PiDS roRr 1110-0000 PER'S PONRACONDpMINNME-305 i3 50629 SFR6 AOI5, THOMAS& DIMITRA I0365NOPEll BlDIOPD. NS CANADAR01A 215 POINTE A CONDOMINIUM W-III 105 e 21 6u015WI083 STONEIOSUA MONBIIOUSTRAS5EIS WIFZfRLAND 3WNAPLES KEEP PFPSP ACONDOMINIUM UNIT 3306 1$06 23 <0 5 sWIW> 5 1 IDGECOUHTRVCLUB COMM UNITY ASSOC INC 21W WINDING OAKS WAY BERN FL 3.1W-3023 SOI III UNIT ONE GC IgACT51-11 Lf55 STONE BRIDGE UNIT ROUR LESS ORDER.1.'IN, 003508 DESCN OR 3697 15 3545W0046 5 I GORpeN REV TRUST 515 COBBLE CREEK CT APT 203 4110-1390 ES XFFPACONOOMNIUM UNR 103 1i 121=11: 5 NNFO NRE&Oe BS UMF WNDeVFNUE 34110-DOW KEEP A CONDOMINIUM UNT 60l 15 OTHYG OODD CHIVR NAPLES, )L 13 ZS s, PHESIe R 52 NAP PIE, R`Oe - sn PN'sa CONAC.N11U1 uxrte BLW BUNIie 6795887750348 SIEMPAUCH DAVID I EDWINAAM55ZEMPPUCHTn 121 WADING BIRD CIRCLE X]54 NAPLES, 3110 WW PIPEHI'S POINTE A CONDOMINIUM 8 2D3 BK Z03 13 .e 25 F1.21170OD146 SAIG 4,2620]) 61950)50]66 $ZfMPRDCN, opN01BFOWINAM DIxG 0IR0 CIPX Bi0t vLES, Ft 34130-1250 ER'S POINTEa CONOOMINIUM 8101 ] 13 B 3 6]950]53261 T FLT, HFATHERRBRANDALLH %961 RANGELEY. ME 049]0-OOW POINTE A CONDOMINIUM 0305 205 23 48 6)95.]55113 TAX 1111 STRATEGIES LL[ 65911VI964 oAPT 403 ,FL 34108-]265 R�SPDINR A CONDOMINIUM F-101 101 9 11 fi3015001508 TEGG. TRAGIC OAWNMLOUTH LV 1650 BLOSSOM PD ROCHESTER, xv 11616-3 311 NAPLES KEEP ACONDOMINIUM UNIT 10p3 i WLK4A MISSIOx OP PLES, it 34109-]343 P 'N'206 Al 3 4. 3 UERv,GAFTANA CYPRESS WAY E APT Al APLES, FL 34t1b-1365 3R SHAROxpAtE CONDOPIPER S POINTE A MINIUM Of PALM PAtM RIVER, THE &IDG AI 3 HIGH TOWNSHIP. MI 1 -3939 NAPLES KEEP A CONDOMINIUM UNIT 1001 1001 15 7311='.015 0 010 6 9 THOMAS R& NA L KIRSCH TRUST 164]5 DAWN OP HAZES � 31110-9230 00 PIPE A'S POINTE A CONOOMINIUM I-103 103 33 B 71 2B TH._S.IOSHUAP leg WADIxG BIRD CIA 1.103 OICOMINIVM BLDG D 6 6 d8 0/200006 T MPSON, IOADANA ROCK ROAD KOU1 BLC21R002 E'SP1H 11ACONDOMINIUMD-106 2� 48 5 750885 T AV FLORIDA iPUSt 61NICKA 338 FSREP R 1 3 e8 15 5118] TOS CPRL [OSEx SPNDR4 7051 149 WADING BIRD CAR APT 101 PL ,FLU 34110::9110 FR'S POINR ACONDOMINIUM A191 l3 ]01500186] TAUSI N0152CW5 193]SAN PA CT APLES, FL 3109 0000 NAPLES KFEPACONDOMINIUNA UNO 1205 1505 3 35 48581000002 tURR05, CONCHrtA EDMfE VISBAL vERONICa CARUSO FMIND NRA05IP 151 [vvAE55 WAY 0101 NAPLES, FL 34110- HA<IENOAS,TNEACON00MIUIUM BOD O-1 1 33 0 15 T3331200p05 V 110 CvvRE55 WAY APT Fe 34110-1353 9HARONOaLE CON DOMINIUM OF PALM RNFR, THE BLDG 14 33 ]3330160005 VAN GARY KBANGFLIUO vE APT 01 NAPLES, FL 34110-125] HAPONDALE CONDOMINIUM OF PALM RIVER, THE 110601 13 48 ZS 61958)5036) v OAVIDWBIfANt STERLING, MA DISW-2125 PIPERS POINTE PCONOOMINIUM 0105 IT 23 8 26 6]950]50111 V SONYOEP, KATHfPINFK 51 WADING BIRD CIA APT 104 NA ES, FL 3d136-1350 ONOOMINIUM.Ip121 5001310 VNON""=ELIAR% 18610AKF5 Blv0 APLES. FL 34119-0000 APLRESPEEP A CONDOMINIUM UNIT 902 Cl 2B 33 48 0720003 WADE, MARY LOVISE ]HIGH OPIOGE Ro SANov HOOK, CT 06482-1665 APOIGALE CONDOMINIUM 0I PALM RNFR, THE BLDGCS 103 3 40 15 015001663 WARNER, ELL15ON V TIMOTHY NASH 154 CYPRESS WAYE UNIT 1103 NAPLES, FL 34 -0000 avlES KFEV ACDNDOMINIUM UNIT 1103 3 40 6)958]50513 wEAR.OEBORAHD FORT,11A 0264)-0812 AIPER'S POINTEA<ONDOMINIUM L701 101 1 9 15 6]958]50966 WEBER, C_ N %1A 00TARELLI ]2 NORTHROP PD DGF. CT O55-1]19 OI NTE A CONDOMINIUM f�104 101 13 6 15 SRT51664 W 35351 MUER [V OxGTON HILLS, DI AR131-1026 S- TI ACOu00MINIUM H-103 3 13 6]39]50613 WEGMAN, IAMESOBMEPCE0E51 303131575. CV PIES, FL 3411]-0000 ER'S POINTE A CONDOMINIUM C IGS 30 21 1 48 35 6)956]53]69 WEIRSROBFRTS PPTRICI4GERRItt ONE AVENUE WEST ]SLIP, NV 11295-00W PIPER'S POINTEACONDOMINIUM R202 103 6]958)50063 WELLS: STFVENW 415 CHURCH ST X3115 19-0000 R'S POIurt ACONDOMINIUM A 103 103 25 6850U360UO3 W L,POBIW YPRE9SWAYEXB1 TN 3]3 PA0ENOAS. THE A CONDOMINIUM BLDG 01 )4660760001 W CYPRE$$WAYFAPTC ES,FL 14110. 939. SPANISH PINES A CDNDOMINIUM UNO D-3 C 9 5 ]956]52119 W BLORFFp S150HI1111 WOOD OR PtF3, PL 3419--0000 FR'S POINTEACONOOMINIUM [-101 6 6)95 0)53101 W IS)WAOING BIRO CIR 1206 APLES, FL 34110-9216 PIPER'S POI NTE A CONDOMINIUM O206 13 48 i 6)958]5338. WILSON, ASHLEYYNA 15]WADING BIRO CIRCLE IN -205 APLES, FL 731110-0 0 0 0 PIPER'S POINTE A[ONOOMINIUM C-205 105 9 15 ]53045 W SCHEYTR,TNOMASE lOSFPHINEV WITSCHfvTR iHOMASf WIiSCHfVLry TRUST IOSEPHINE P WITSCHIY UV TRUST 501 HERON BAY —WORTH, 41281-0346 R'S v01NTEACOupOMINIUMIl0i 3 23 25 ]95915241] WOtf, STEVEN 334 MYRTLE AVE ST ISuv, NY 11,95-- 3795--0000 FR'S v01NLF ACONODMINIUM E1pl `D) 33 a8 5 31/00005 _11, STET 1. BPIG1ITE 334KESFYETU 33 TECKNAN SWIT111LAND a493 HARONDALE CONDOMINIUM Of PALM RIVER, TxF AL. FI 23 48 3 6)958]54415 W RITZ&DEBRA WR421Dt0 531WMAPBLE ST CU LU—N 5 5 811-41 311 PIPER'S POINTE A CONDOMINIUM VDIS 105 ]3 18 6]950]50811 W EVEN' 'INS RIDGE BLVD MLLE, l 4 6420 PI PERPER'SPOINTEACONDOMINIUM1203 206 15 50]51085 Z TBEtOA BIRD CAR AT 206 111— NY 396-1700 PIPER OINTE4CONOLMINIUM UIOG L06 S3 18 25 61958711193 ZU9IUCR, WIIIIAM C& ENIS1E S3 wATERMILL WAY ,NY 11961-1]72 'S POINTE ACONoOMINIUM a-306 i3 0 0 0 SIGN POSTING. INSTRUCTIONS • (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of .fifteen (15) calendar days in advance of the fust public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or. the petitioner's agent must replace the signs NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE. OF FLORIDA COUNTY OF COLLIER • BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Sharon Umpenhour WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER SV-PL20170001467 - Piper Blvd Medical Office r Q. Grady Minor and Associates, P.A. 3800 Via Del Rey F APPL T OR AGENT STREET OR P.O. BOX v Sharon Umpenhour, Senior Planning Technician NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER Bonita Springs, FL 34134 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 25th day of Aupust , 2017, by Sharon Umpenhour , personally known to me or wbo produced and who did not take an oath. SFRY RU �° ; • ; JOANNE DANES * * My COMMISSION t FF 090824 EXPIRES: March 14, 2018 ��Portl � BardsdbryBudget NoteryServices • My Commission Expires: (Stamp with serial number) Rev. 3/4/2015 r Signa of Notary ublic Joanne Janes Printed Name of Notary Public (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) •A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or. the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER •BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Sharon Umpezlhour WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER SV-PL20170001467 - Piper Blvd Medical Office Q. Grady Minor and Associates, P.A. 3800 Via Del Rey allF A PP L OR YAG STREET OR P.O. BOX Sharon Umpenhour, Senior Planning Technician NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER Bonita Springs, FL 34134 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 25th day of Au ust , Z017, by Sharon Umpenhour , personally known to me or WaProduced 29 i'leatif li MW�I and who 4iWdjd.gl take an oath. W ; A:; JOANNE JAMES * * MY COMMISSION l FF 0906'10 EXPIRES; Maich 14, 2018 �''�orn.�� Bond�dllrvBudpetNoaryServkes My Commission Expires: (Stamp with serial number) Rev. 31.4I2015 Joanne Janes Printed Name of Notary Public ,4N PUBLIC HEARING REQUESTING' A SIGN VARIANCE PETITION#: SV•PL20170001467 HEARD BY THE COLLIER COUNTY HEARING EXAMINER (NIX) PETITION N0. SV -P120170001467 - EQUITY PIPER NAPLES, LLC REQUESTS A SIGN VARIANCE FROM LUC SECTION 5,06,04,FIT TO ALLOW A SIGN SEPARATION OF 240 FEET BETWEEN TWO POLE OR GROUND SIGNS INSTEAD OF 1000 FEET ON A SINGLE PARCEL. THE SUBJECT PROPERTY IS LOCATED AT THE CORNER OF PIPER BOULEVARD AND CYPRESS WAY EAST IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. HEA DATE: SEPT. 141h, 2017 • 9:00 AM CONTACT: NAY DESELEM, AICP, PRINCIPAL PLANNER PHONE 123912522586 XAYDESELEM@COLLIERGOVNET LOCATION: HEARING EXAMINER'S MEETING ROOM, GROWTH MANAGEMENT BUILDING 2800 NORTH HORSESHOE DRIVE, NAPLES FLORIDA 34104 a r> i f L,M �s`k 104 C1 C, j Coi 76Y County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT PLANNING & ZONING DIVISION DATE: SEPTEMBER 14, 2017 SUBJECT: BD-PL20170000541, BAUTSCH BOAT DOCK PROPERTY OWNER/AGENT: Owner: Bautsch Family Trust 297 3rd Street Bonita Springs, FL 34134 REQUESTED ACTION: AGENDA ITEM 3-D Agent: Orick Marine Construction 1035 Collier Center Way, Suite 1 Naples, FL 34110 The petitioner seeks approval to allow construction of a boat dock facility, including a boathouse that protrudes 34.46 feet over the permitted maximum protrusion of 20 feet, for a total of 56.46 feet. GEOGRAPHIC LOCATION: The subject site is located at 297 Third Street and is further described as Little Hickory Shores Replat of Unit No. 3, Block F, Lot 9. The folio number is 56000360008 (please see location map on the following page). PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting approval to construct a boat dock facility whichprposes a dock and boathouse, which extends 34.46 feet beyond the maximum 20 -foot protrusion . BD-PL20170000541 Page 1 of 8 297 3rtl Street; Bonita Springs September 14, 2017 HEX PROJECT LOCATION BONITABEACH RD rc 0 n `v a c m Location Map SITE LOCATION PUD Petition Number: PL20170000541 RSF-4 Zoning Map PUD SURROUNDING LAND USE & ZONING, SUBJECT PARCEL: Single family house with an existing dock, zoned RSF-4 SURROUNDING: North: 3rd Street West ROW and a single family house with a dock, protrudinginto Snook Bay, across which are single-family homes zoned RSF4 East: A single family house, zoned RSF-4; and Little Hickory Bay South: Little Hickory Bay West: A single family house with a boat dock, zoned RSF4 Aerial ofsubjw property ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request. Section 5.03.06(E)(I1) of the Land Development Code (LDC), Manatee Protection, is applicable to multi -slip docking facilities with 10 or more slips. The proposed boathouse consists of one boat slip and is therefore not subject to the provisions of this section of the LDC. A submerged resources survey did not indicate any seagrasses. BD-PL20170000541 Page 3 of 8 297 3" Street; Bonita Springs September 14, 2017 HEX STAFF COMMENTS: The Collier County Hearing Examiner (HEX) shall approve, approve with conditions, or deny, a dock facility extension request based on certain criteria. In order for the HEX to approve this request, it must find that under LDC 3.03.06.H, at least four of the five primary criteria and four of the six secondary criteria have been met. Staff has reviewed this petition in accordance with Section 5.03.06 and recommends the following findings to the HEX: Primary Criteria 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Criterion met. The proposed single dock facility is deemed appropriate in relation to the approximately 225 linear feet of water frontage of the subject lot. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) Criterion met. According to the applicant, the average water depth at mean low tide is less than 3 feet, insufficient to moor the applicant's vessel. 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Criterion met. The subject portion of Little Hickory Bay measures between 260 and 675 feet across. The proposed dock facility protrudes 56.46 feet, less than 25 percent (22%) of the narrowest portion of the water body. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion met. The dock is proposed to protrude 22 percent of the canal, leaving over 200 feet of the canal as navigable. There will be no additional impact to navigation. BD-PL20170000541 Page 4 of 8 297 P Street; Bonita Springs September 14, 2017 HEX 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Criterion met. The dock is proposed to maintain 15 -foot setbacks from the riparian lines, allowing navigation of adjacent docked boats. Secondary Criteria 1. Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Criterion met. The water frontage abuts Little Hickory Bay with a seawall and mangroves. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Criterion met. This petition is provides a slip for a single vessel. This provides reasonable, safe access without excessive deck area. 3. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Criterion met. The dock is proposed to moor a 30 -vessel, less than 50 -percent of the 225 - foot linear shoreline. No additional dock area is proposed. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. The view shed of neighboring properties will not be impacted. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(1) of the LDC must be demonstrated.) Criterion met. The Submerged Resources Survey indicates no seagrass beds within 200 feet; therefore, there will be no impact to seagrass beds. BD-PL20170000541 Page 5 of 8 297 3`d Street; Bonita Springs September 14, 2017 HEX 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) Criterion not applicable. The petitioner's property is a single-family lot and is not subject to the provisions of the Manatee Protection Plan. Staff analysis indicates that this request meets five of the five primary criteria. Regarding the six secondary criteria, criterion 6 is not applicable, and the request meets five of the remaining five secondary criteria. Standards for boathouses (LDC Section 5.03.06.F). Boathouses, including any roofed structure built on a dock, shall be reviewed by the Hearing Examiner according to the following criteria, all of which must be met in order for the Hearing Examiner to approve the request: 1. Minimum side setback requirement: 15 feet. Side setbacks are met. 2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet, whichever is less. The roof alone may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks. Maximum protrusion into the 260 -foot waterway and overhang are not exceeded. 3. Maximum height: Fifteen feet as measured from the top of the seawall or bank, whichever is more restrictive, to the peak or highest elevation of the roof. Maximum height of 15 feet from top of seawall to peak of roof is not exceeded. 4. Maximum number of boathouses or covered structures per site: One. Maximum number (one) of boathouses is not exceeded. 5. All boathouses and covered structures shall be completely open on all 4 sides. Proposed boat house will be open on four sides. 6. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style. A single- family dwelling unit must be constructed on the subject lot prior to, or simultaneously with, the construction of any boathouse or covered dock structure. The proposed roof color and material are the same as the principal structure. BD-PL20170000541 Page 6 of 8 297 P Street; Bonita Springs September 14, 2017 HEX 7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the greatest extent practical. The side setbacks are met, causing minimal impact to the neighbor's view shed. Staff analysis indicates that this request meets the boat house criteria APPEAL OF BOAT DOCK FACILITY TO THE BOARD OF COUNTY COMMISSIONERS: As to any boat dock facility extension or boathouse petition upon which the HEX takes action, an aggrieved petitioner, or adversely affected property owner, may appeal such final action to the Board. Such appeal shall be filed with the Growth Management Department Head within 30 days of the action by the HEX. In the event that the petition has been approved by the HEX, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30 - day period. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report on August 31, 2017. STAFF RECOMMENDATION: Based on the above findings, Staff recommends that the HEX approve Petition BD- PL20160000541. BD-PL20170000541 Page 7 of 8 297 3`d Street; Bonita Springs September 14, 2017 HEX PREPARED BY: FRED REI HL, AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: 8 31 17 RAYMON . BELLOWS, ZONING MANAGER DATE ZONING DIVISION APPROVED BY: MIKE BOSI, AICP, DIRECTOR DATE PLANNING & ZONING DIVISION BD-PL20170000541 Page 8 of 8 297 P Sheet; Bonita Springs September 14, 2017 HEX • 0 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net C;0)#%T County ADDRESSING CHECKLIST 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX (239)252-5724 Please complete the following and email to GMD Addressing@colliergov.net or fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be sianed by Addressino personnel prior to ore-apolica0on meeting Dlease allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist toreach Petition type) -BD (Boat Dock Extension) Camivallcircus permit CU (Conditional Use) EXP (Excavation Permit) FP (Final Plat LLA (Lot Line Adjustment) PNC (Project Name Change) PPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) PUD Rezone RZ(Standard Rezone) ❑ SDP (Site Development Plan) ❑ SDPA(SDP Amendment) ❑ SON (insubstantial Change to SDP) ❑ SIP (Site Improvement Plan) ❑ SIPI (Insubstantial Change to SIP) ❑ SNR (street Name Change) ❑ SNC (Street Name Change — Unplatted) ❑ TOR (Transfer of Development Rights) ❑ VA (Variance) ❑ VRP (Vegetation Removal Permit) ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) LITT'L E HIegoay 5AoRE5 uurr --, R PLA 6Lt5F LOT R FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) S/ c1r�n a(ytmg S5 T48 R25 STREET ADDRESLS or ADDRESSES (as applicable, if already assigned) LOCATION MAP must be attached showing exact location of projectls8e in relation to nearest public mad right- of-way • SURVEY (copy - needed only for unplafted properties) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (8 applicable) SITE DEVELOPMENT PLAN NUMBER (torexfsting pmJects/sifes only) • SDP - orAR or PL# Colter County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliereov.net 2800 NORTH HORSESHOE DRIVE • NAPLES, FLORIDA 34104 (239)252-2400 FAX (239)252-5724 Projector development names proposed for, or already appearing in, condominium documents (it application; indicate whether proposed or existing) Please Return Approved Checklist By: []mail ❑ Fax ❑ Personally picked up Applicant Name: Aza75C/7 Phone: IV9.656-E Email/Fax: ��r/��jyt�y%�1Q•CM� Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY Folio Number 56000360008 Folio Number Folio Number Folio Number _ Folio Number _ Folio Number Approved by:_ Updated by:_ • IF OLDER THAN 6 MONTHS, FORM MUST BE • UPDATED OR NEW FORM SUBMITTED Date: 2/17/2017 • IF OLDER THAN 6 MONTHS, FORM MUST BE • UPDATED OR NEW FORM SUBMITTED ".map C, J E • nttp://maps.colbemppmmereom/webmap/mapprint.npx?title=Baan ] of 1 7/Rnn17 nnc Al PROPERTY LINES EXISTING SEAWALL _ TOP ELEV. = 3.8' +/- MHWL ELEV. = 0.01 NAVO 88 EXISTING BOAT DOCK WITH COVER BOAT LIFT EXISTING CONCRETE DECK MUM, ELEV. _ -0.81 NAVD 88 \ �,7 '1; 1V EXISTING BRICK PAVER WALK EDGE OF MAN.',R\ - x LOT -LINE EXTENSION to earl' � SCALE: 1' Mo BO2,11' x' aon BDn 823' WD - 3.11• MOs ,1.Ot" AO . 1,9J' 40 . 8.48• x TIT x x woo MD 10.49' Bon 8011 MO . 3.52' 'AD - 10.72' ` x - MO % 3.13' x 8017 x 9011 e°� 9.99' 'q �R BOTT YA1 z Ai3x WD - 6, x EOR )f -' Mao -124' x 1061' x .}T ke0R BOTT xMD 10.27' V.D - 10.47 '.J� ��-ww' B e L 4199 xIW - 7� 4�3'xBOB.R �� 221 � 0� 4.hK - 8.05'f1D °z0173.]a' M° 1082' �90T11.26' '864 -.. x MOz1 ry MD �°I.SC'7 �t !fx BO B Igps7 6.20' x dOTT 1w - 9.81 x 80tt �B0tt 0.72' �eOTT MD - _28• AOn bon x0 - 1,.1a' MA . 10.67 •- --tx 'i�r ns 6.12' x,O.Wx am �q an 4IL N!1X01936' x /°a:7j10301( BOB. 2.4 ' VON x / wt :tte.er x Y8°R1.a2' 1 t 11.46' x EOTf 7D • i?8' NO In. x 8011 My B1 i 240°R riD - 11.37 x BOST x BOn x x 710 - 6.15 x son x BOtt wDBO So' N9 .711.70 x wJ- 2.49• M. 11.93, Mo Bore• x xSon xeon MD� x BOR x B6n MFJ . 11.74' MO 11.27' MD . 10.99' 6071 x 115 - 0.42• 6D .072.0.7 x tD� 11,.7]' x x a Bon Moe71i. 02' xo = MEW x = 70.80• x MIT NO �°jj 39. x Bo7r LID - n.sv 9oB:7a66• x Born 60 - 1,.46' x �3'-14'aADDED PROPOSED DOCK. LIFT AND BOATHOUSE (NO - )m)x) - wAMR DEPIN CALOIAAwc FR01A /A.lA BAUTSCH FAMILY TRUST fE PLAN St1RVSY OF LAT 9. HLOCK F. O. 8, RMAT OF UrrL8 RICKORY SHARES f 5. T-- -- Hp 48 BOLITH._ RANOS 26 r" HER &=Le' Pro}ect p: UNHAGE.°rc. X009.. ee Prohnbael aB:i/f661r, plecaeLr, fc 41+d eurMa7veN ►.a cf OdBv 09®11 elNl. 100. 7706 TMml9ml TefB. NzMIMi NAW.. !L ULM �6 y7_91 6.Npa(9 zf A44dgn09x Nw ti aee! 9xe 1® 2664 T7 0)3, PREPARED FOR: BAUTSCH FAMILY ST DATE OF FIELD SURI83MeDAPZ OBER 2016 AGHOU, BARBER & INC. PROFESSIONAL ENGILANNERS & SURVEYORS AND MAPPERS W D. '6,OU, R.S.M. NO. 5335 DATE ;7 PLAN TH PLAN SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD D SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 2027, FLORIDA STATUTES. THIS STE SURVEYSURVEY 1S NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, A0DIT1ONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTIES VA71i0UT THE WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES IS PROHIBITED BY CHAPTER 54-17 FLORIDA ADMINISTRATIVE CODE. THIS SITE PLAN SURVEY IS CERTIFIED AS TO THE DATE OF FIELD SURVEY, NOT THE SIGNATURE DATE. ABSTRACT NOT REVIEWED GENERAL NOTES: 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. P.O.B. = POINT OF BEGINNING. 3. P.O.C. = POINT OF COMMENCEMENT. 4. R.O.W. - RIGHT-OF-WAY. 5. CURVE DIMENSIONS ARE AS FOLLOWS! 6= DELTA, R = RAOIUS, A = ARCH, CH = CHORD, AND CHB - CHORD BEARING. 6. BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM , EAST ZONE, NAD 83/90 DATUM AND REFERENCED -0 THE CENTER LINE OF THIRD ST. W„LITTLE HICKORY SHORES LYING IN SECTION 5, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLDER ;AUNTY, FLORIDA, AS BEING NORTH 68.41.II-EAST. 7. ELEVATIONS ARE BASED ON NAVO 88 DATUM. • LEGAL DESCRIPTION LOT 9, BLOCK F. REPLAT OF LITTLE HICHORY SHORES, UNIT NO. 3 ACCORDING TO THE PLAT RECORDED IN PLAT BOOK G. PAGE 2, PUBUC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 16158.6 SQUARE FEET OF LAND MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. CERTIFICATE BAUTSCH FAMILY TRUST PLAN SURVBI OFw B, BLOCK F. UNIT N0. 9, REPLAT OF LITTLE HICKORY SHORES SWnON 5, TOWNSHIP 48 SOUTH, RANCE 25 FAST (PLAT BOOK 8. PAGE 21 Plates ---I dllsin M Plennen, 8 land aurveyen a z tnWv G* -k- $”" 000. Ta00 TuWW }.. N.aU, Naha, FL 3410 Q.11Aaab at AX%bwU"Aaa Xaa LY OW aad IM WN I'll 14110100800PJCKM4RNECON5 MA-.rM4.qgVJTSCN FAMYY TA LOT 9 SLK F LITRE HCKORY SKORe$ Le,f 11555PS" VLAYWT WU¢S I : I 0 0 0 collier county •COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252.2400 FAX: (239) 252-6358 DETAILS OF VARIANCE REQUEST On a separate sheet attached to the application, please address each of the following details of the requested variance: ❑ Narrative statement of what is being requested and the reason for said request, and the location of request on the site; ❑ Location and extent of encroachment, measured in tenths of feet; 0 When the encroachment was discovered; 0 How the encroachment was discovered; and 0 Building permit numbers of the encroaching structures. SUBMITTAL REQUIREMENTS See Chapter 6 D. of the Administrative Code for submittal requirements. The following items are to be submitted with the application packet: ❑ Completed Application (download current form from County website); ❑ Disclosure of Ownership; ❑ Details of Variance request; • ❑ ❑ Affidavit of Authorization signed and notarized; A signed and sealed copy of the survey identifying the encroachment; and ❑ Electronic Copy (CD) of all documents and forms. (Preferred) 0 Copy of Building Permit and/or Certificate of Occupancy for offending structure(s) if applicable; and ❑ Copy of complete Property Card from Property Appraiser's Office Fee Requirements: ❑ Variance (Administrative): $1,000.00 A portion of this fee is non -reimbursable to coverstaff research time per the adopted Fee Schedule, should the property not meet the requirement for Administrative Variance. As the authorized agent/applicant for this petition, I attest that all of the information indicated an this checklist is Included In this submittal package. I understand that failure to Include all necessary submittal information may result in the delay of processing this petition. Signature of Applicant Date All checks payable to: Board of County Commissioners The completed application, all required submittal materials and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive • Naples, FL 34104 6/1/2017 Page 3 of 3 Comer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (Z39) 252-6358 ADJACENT ZONING AND LAND USE DESCRIPTION OF PROJECT Narrative description of project (Indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): Remove and dkpose aching pennited(90-7814) 275 sq ftdock and 312 sq It baelnouse(92-2881) Request a 3646 foot adeneon beyond the minimum 20 feet to accommodate reev, open sided, boalimee, dock am 1 lift for 32'vasael Total over the water shetwas are 548 sq ft dock and Iia with proposed MO sq ft N)WKIuw roof eovoMg. See drawings. SITE INFORMATION 1. Waterway Width: zeo• ft. Measurementfrom ❑ plat © survey ❑ visual estimate ❑ other (specify) _ 2. Total Property Water Frontage: 225.19 ft. 3. Setbacks: Provided' Required: 15 ft, 4. Total Protrusion of Proposed Facility Into Water: 56.48 ft. S. Number and Length of Vessels to use Facility: 1. W ft. 2. _ft. 3. ft. 6. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: 295 3rd ST Wd9.77', 293 3b ST W -52.H', 2716th ST WA9.03', 2Ht 3rd Si Wd1 AT oaa vn At was eco • • 7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? 0.4 Acres S. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or Zoning verification rendered on . this property within the last year? ❑ yes © No If yes, please provide copies. 6/3/2014 Page 3 of 7 Zoning Land Use N 3rd St W/ROW/RSF-4 Single Family Residence S Waterway/A Little Hickory Bay E RSF-4 Single Family Residence W RSF-4 I Single Family Residence DESCRIPTION OF PROJECT Narrative description of project (Indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): Remove and dkpose aching pennited(90-7814) 275 sq ftdock and 312 sq It baelnouse(92-2881) Request a 3646 foot adeneon beyond the minimum 20 feet to accommodate reev, open sided, boalimee, dock am 1 lift for 32'vasael Total over the water shetwas are 548 sq ft dock and Iia with proposed MO sq ft N)WKIuw roof eovoMg. See drawings. SITE INFORMATION 1. Waterway Width: zeo• ft. Measurementfrom ❑ plat © survey ❑ visual estimate ❑ other (specify) _ 2. Total Property Water Frontage: 225.19 ft. 3. Setbacks: Provided' Required: 15 ft, 4. Total Protrusion of Proposed Facility Into Water: 56.48 ft. S. Number and Length of Vessels to use Facility: 1. W ft. 2. _ft. 3. ft. 6. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: 295 3rd ST Wd9.77', 293 3b ST W -52.H', 2716th ST WA9.03', 2Ht 3rd Si Wd1 AT oaa vn At was eco • • 7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? 0.4 Acres S. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or Zoning verification rendered on . this property within the last year? ❑ yes © No If yes, please provide copies. 6/3/2014 Page 3 of 7 11 • 0 Co er amllty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collieraov.net (239) 252-2400 Pre -Application Meeting Notes Petition Type: _GD Date and Time: 2,2-j' j734. U_�NNI Assigned Planner: KAL%Q 'zeum 2.ts Engineering Manager (for PPL's and FP's): Proiect Information Project Name: 29 - Y2 Sia. 0 PL#: I+ t)f3ooS41 Property lD #: 5 6,0 o0a Ie 0 00i Current Zoning: 1;46VPO' {Z j E - Lt Project Address: Z, -4 '3'd Sl: 0 city: 150AA4 c'PS`t'ate S Fl zip: 341134 Applicant: Agent Name: %S rJ42 V rot 12 �920-32iS Agent/Firm Address: City: State: _ Zip: Property Owner: 60,Lk. %S nn k � J'r VLA t - Please provide the following, if applicable: I. Total Acreage: • 1-( ar/ /Q ii. Proposed # of Residential Units: ` iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: indicate the COAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre -Application Meeting Sign -In Sheet PLN `2Iffi1IPltff d Collier County Contact Information: Name Review Discipline Phone Email Richard Anderson Environmental Specialist 252-2483 richardandemon@wlliergoy.net ❑ David Anthony Environmental Review 252-2497 dwidanthony@colliergey.net Summer Ara ue Environmental Review 252-6290 summerbrownarague@colliffgov.net ❑ Steve Baluch, P.E. Transportation Planning 252-2361 Ste henBaluch@collier ov.net Laurie Beard Transportation Pathways 252-5782 Lauriebeard@wlliergov.net Rachel Beasley Planner 252-8202 rachelbeasley@colliergov.net ❑ Marcus Berman Count Surve or 252-6885 Marcu$Berman@colliergm.net ❑ Madelin Burster Architectural Review 252-8523 madelinbunster@wllie ov.net ❑ Mark Burtchin ROW Permitting 252-5165 markburtchln@wiliergm.net ❑ George CaWo Utility Billing 252-5543 georgewscio@collierguy.net ❑ Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidlashton@colliergov.net ❑ Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@colliergov.net C1 Eric Fey, P.E. Site Plans Reviewer 252-2434 eridey@collieroov.net Paula Fleishman Impact Fee Administration 252-2924 aula0eishman@colliergov.net ❑ Nancy Gundlach, AICP, PLA Zonin Services 252-2484 nancygundiach@colliergov.net Shar Min on East Naples Fire District 687-5650 shingson@ccfco.org John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net ❑ Jodi Hughes Transportation Pathways 252-5744 lodihughes@colliergov.net ❑ Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphries@wlliergoy.net ❑ Ericlohnson, AICP,CFM Zoning Services 252-2931 ericjohnson@wlliergm.net ❑ Marcia Kendall Comprehensive Planning 252-2387 1 momiakendall@wlliergov.net Stephen Lenberger Environmental Review 252-2915 stevelenberger@colliergoy.net ❑ Paulo Martins Utilities 2524285 aulomartins@collie ov.net 71 Thomas Mastroberto Fire Safety, 252-7348 Thomasmastroberto@colliergm.net ❑ Jack McKenna, P.E. Engineering Services 252-2911 lackmckenna@colliergov.net cJ Matt McLean, P.E. Principal Project Manager 252-8279 matthewmclean@collie oy.net ❑ Gilbert Moncivair Utility Impact Fees 252-4215 gilbertmoncivaiz@colliergm.net ❑ Annis Moxam Addressing 252-5519 annismoxam@colliergov.net U Stefanie Nawrocki Planning and Zoning 252-2313 StefanieNawrocki@wlljergov.net ❑ Mariam Ocheltree Graphics 252-2315 mariamocheltree@colIlergov.net ❑ Brandy Otero Transit 252-5859 brandyotero@colliergov.net 11 CJ • • 0 C:4& County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 `.] Brandi Pollard Utility Impact fees 252-62377brandipollard@tallier ov.net Fred Reischl, AICP Zoning Services 252.4211 fredreischl@wlliergov.net -. Stacy Revay Transportation Pathways 252-5677 stacyrevay@colliergov.net L Brett Rosenblum, P.E. Utility Plan Review 252-2905 brettrosenblum@colliergoy.net ❑ Michael Sawyer Zoning Services 252.2926 michaelsawyer@colliergm.net ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 wrbyschmidt@coillffgm.net Chris Scott, AICD Planning and Zoning 252-2460 chrimcott@colliergov.net Daniel Smith, AICP Landscape Review 25244312 danielsmith@coillegm.net Ellen Summers Planning and Zonin 252-1032 EllenSummers@colifergov.net Scott Stone Assistant County Attorney 252-8400 scottstone@collierlov.net Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@wlliergov.met ❑ Kris VanLen en Utility Planning 252-5366 krianlengen@willergm.net ❑ Jon Walsh Buildin Review 252-2962 jonathanwaish@wlliergm.net ❑ David Weeks, AICP Future Land Use Consistency 252-2306 davidweeks@collle ov.net ❑ Kirsten Wilkie Environmental Review 252.5518 kimtenwllkie@colliergov.net -' Christine Willoughby Planning and Zoning 252-5748 ChdstineWilloughby@colliergov.net Additional Attendee Contact Information: Name Representing Phone Email 1 r rs��.� WNi -Sip m o Lir" d R.a &.R- 49• in apr r...i�e. Project Type: Pre -Application Meeting Project Description: We are interested in a boathouse and boat dock extension, Existing Application Name: Meeting Type: Pre-Apptication Meeting Preferred Date: February 15, 2017 UnavailableDST Locatio • 29onita Springs, FL, 34134, Parcel Number: 56000360008 Full Name: H Email: HollvCdorickmarine.com Company Name: Greg Orick II Marine Construction 1035 Collier Center Way Suite 1 Naples, FL 34110 Representing: Contact Number: Cell: 239-216-0112 Contact Number: Cell: 239-980-3225 • 5fo•57 11,i �ri Under Florida Law a -mail addresses arc public records If you do not want your e-mail address retcased in responso to a public records request du not send electronic mad to Ups entity. Instead. contact this office by !elephonc or In writing BeasleyRachel Subject: *ocation: Start: End: Recurrence: Meeting Status Organizer: Required Attendees: Oanner-Rachel Beasley Fire District -North Naples PL20170000541(BDE) Conf Room" C" Tue 2/21/2017 10:00 AM Tue 2/21/2017 11:00 AM (none) Accepted CDS-C AcevedoMargarita; AhmadVicky; AlcornChris; Amy Lockhart -Taylor (lockha@collierschools.com); AnthonyDavid; ArnoldMichelle; AshtonHeidi; AuclairClaudine; BaluchStephen; BeardLaurie; BeasleyRachel; BrethauerPaula; BrownAraqueSummer; BrownCraig; BurtchinMark; CascioGeorge; CondominaDanny; CrowleyMichaelle; David Ogilvie; dfey@northcollierfire.com; DumaisMike; FaulknerSue; FeyEric; FleishmanPaula; GarciaShirley; GewirtzStorm; GosselinLiz; GundlachNancy; HouldsworthJohn; HughesJodi; HumphriesAlicia; JacobLisa; jnageond@sfwmd.gov; JohnsonEric; JourdanJean; KendallMarcia; KurtzGerald; LenbergerSteve; LevyMichael; (martin@sfwmd.gov; LouviereGarrett; MartinezOscar; MastrobertoThomas; McCaughtryMary; McKennaJack; McKuenElly; McLeanMatthew; MoscaMichele; MoxamAnnis; NawrockiStefanie; OrthRichard; PajerCraig; PancakeBill; PattersonAmy; PepinEmily; pjimenez@sfwmd.gov; PochmaraNatalie; ReischlFred; RosenblumBrett; SantabarbaraGino; SawyerMichael; ScottChris; Shar Hingson; ShawinskyPeter; Shawn Hanson; SheaBarbara; SmithCamden; SmithDaniel; StoneScott; StrainMark; SuleckiAlexandra; SummersEllen; SweetChad; TempletonMark; VanLengenKris; WalshJonathan; WeeksDavid; Wickham Flannery; WilloughbyChristine; CrotteauKathynell; RodriguezWanda ************************************************************************ 0 nYarw 'CAI c I RM6d6' a rlRl � 1 PUB „ nmt \ n..r1 a Its HE a a a „ L nCmR Mwr .. uNw milli/ • ^1 / {R � �ANFt2 A ANF1I CI 1, c PUB PUB ....,,, r{' ;:.� a+Rermono "Mmia s . 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COLLIER COUNTY, FLORIDA it I 1 1 {II f L IY XWLO YN1 DOM w $1gF { 1 W1 pN9181 is Co ter County • COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT ww .colliergov net Meeting Notes 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 • 0 Page 1 of leouler ii..oumy rroperiy Appraiser Property Summary Parcel No. 56000360008 Site Adr. 297 3RD ST W, BONITA SPRINGS, FL 34134 Name / Address BAUTSCH FAMILY TRUST • 297 3RD ST City BONITA SPRINGS State FL Zip 34134-7324 Map No. Strap No. Section Township Range Acres*Estimate 3AOS 468700 F 93A05 5 48 25 0.4 Legal LITTLE HICKORY SHORES UNIT 3 REPLAT ELK F LOT 9 MMAglil Area • 170 Millage Rates O 'Calculations Sub✓Condo 468700 - LITTLE HICKORY SHORES UNIT 3 REPLAT School Other Total Use Code • 1- SINGLE FAMILY RESIDENTIAL 5.245 5.708 10.953 Latest Sales History 2016 Certified Tax Roll Not all Sales a, a luted due to Confidentiality) 5✓0; ate 0- ',anger Date Book -Page Amount [and Value $1,094.568 12/19/12 4866-3529 so (+) Improved Value $S9* 12/21/95 2131-4 I $0 (_) Market Value $1,676,025 02/03/93 1794-108 $ 0 02/01/93 1794-111 $ 0 (') Save our Home $952,021 05/01/90 11530--99 $650,000 (_) Assessed Value $724,004 (-) Homestead $25,000 (_) School Taxable Value $699.004 (-7 Additional Homestead $25,000 (_) Taxable Value $674,004 IF all values shown above attest 0 this Parcel was created after the Final Tax Roll • http://w.collierappraiser.comlmain_searchlRecorddetail.html?Map=No&FolioNum=56000360008 2/21/2017 tomer a.ounzy rroperzy (appraiser Property Detail Parcel No. 56000360008 Site Adr. 297 3RD ST W, BONFTA SPRINGS, FL 34134 • Name / Address BAUTSCH FAMILY TRUST 297 3RD ST Page I of • IttP://Www.collierappraiser.com/main_ search/Recorddetail.html?Map=No&Foli oNum=56000360008 2/21/2017 City BONITA SPRINGS State FL Zip 34134.7324 Permits Tax Yr Issuer Permit # CO Date Tmp CO Final Bldg Type 1987 COUNTY 87-1242 12/10/87 RESIDENCE 1987 COUNTY 87-2900 POOL 1991 COUNTY 90-7814 DOCK 1992 COUNTY 92.2881 ADDITION 1994 COUNTY 94-7265 01/27/95 ADDITION 2002 COUNTY 0201.2397 05/13/02 SPA, ADDITION 2002 COUNTY 0203.1467 05/13/02 CONCRETE BLOCK WALL, SCREEN ENCLOSURE 2003 COUNTY 0205.0003 05/07/03 ADDITION, OTHER 2003 COUNTY 0211-1438 ROOF 2003 COUNTY 0303-1190 05/07/03 ROOF .3 COUNTY 0303.1388 05/12/03 SCREEN ENCLOSURE 2003 COUNTY 0309-0760 12/09/03 2012 COUNTY 2011010894 06/17/11 ADDITION 2013 COUNTY 10-04512 07/10/12 OTHER Land Building/Extra Features # Cale Code Units # Year Built Description Area Adj Area 10 RESIDENTIAL FF 132.75 10 1987 RESIDENTIAL 4849 6151 20 1988 WOOD DOCK 275 275 30 1992 BOAT HOUSE 312 312 40 2002 CONC BLK SCREEN ENC 2212 2212 50 2002 ALUM SCREEN ENC 3363 3363 60 2002 BRICK DECK 2556 2556 70 2002 SPA 28 28 8o 2002 SWIMMING POOL 360 360 90 1974 SEAWALL 185 185 • IttP://Www.collierappraiser.com/main_ search/Recorddetail.html?Map=No&Foli oNum=56000360008 2/21/2017 Page 1 of 1 flap://maps.coIIierappraiser.com/webniap/outptit2/Collier 2017 sde(}31'1584101001790.jpg 2/21/2017 • • BD-91-17 John M. Benfield, representing James M. Pinkermen 8/15/91 requesting a 4 foot boat dock extension to allow RM for a total protrusion into the waterway of 24 feet to allow a boat dock facility for property located at 570 South Heathwood Drive further described as Lot 1, Block 322, Marco Island, Unit No. 9. CCPC 10/17/91 BD RES # 91-10� FEE $250.00 BD-91-18 Shawn P. Maher of Maher, Spiegel Associates, Inc., EY representing Voyager Condominium, requesting a 9/3/91 7-foot boat dock extension to allow for a 27-foot boat dock facility for property located at 98 Collier Court, Lot 20, Block 338, Marco Beach Unit 10. CPCC 10/17/91 BD RES # 91-11 FEE $250.00 BD-91-19 Wayne Furfey of Custom Dock & repair, representing EY Crows Nest Condo, requesting a 10-foot boat dock 9/20/91 extension to allow for a 30-foot boat dock facility for property located at 881 Panama Court, Lots 3-6, Block 338, Marco Beach Unit 10. CCPC 11/7/91 BD RES# 91-12 FEE $250.00 BD-91-20 Jahn Milne Benfield representing Walter CS Augustiniak, requesting a 15 foot boat dock 10/3/91 extension to allow for a 35 foot boat dock facility for property located at 537 Tigertail Court, further described as Lot 23, Block 365, Unit 11, Marco Island. . CCPC 11/21/91 BD RES # 91-13 FEE $250.00 BD-91-21 T. Bradford Price of Marco Marine Construction, RM representing Herbert T. Monroe, requesting approval 12/2/91 to install four (4) boat lifts (two (2) of which are after-the-fact) for a previously-approved boat dock (extension) for property located at 1100 South Collier Boulevard, further described as Shipp's Landing Condominium. CCPC BD RES # /f) FEE 5250.00 BD-92-1 Ray Petersen of Garland & Garland, Inc., RM representing David Bautsch, requesting a 12-foot 1/17/92 boat dock extension to allow for a 32-foot docking facility (which is after-the-Pact), as well as a roofed structure (boathouse) for property located at 297 Third Street West, Lot 9, Block F, Little Hickory Shores Unit 3 Replat. CCPC BD RES # FEE $250.00 David Bautsch Dock Facility Extension PL20170000541(BDE) Primary Criteria 1. The upland property is a single-family residential zoned lot that per LDC is allowed two slips. Proposed dock consists of 1 slip and lift with an open - sided boathouse, which is appropriate for a single-family dwelling. We are requesting a 36.46 extension from the allowed 20 -foot protrusion. 2. This area of Little Hickory Bay has become extremely shallow since the existing dock was permitted in 1990 (90-7814). The water depths have become insufficient to moor a motorized vessel within their riparian rights without protruding greater than the allowed 20 -feet into waterway. Water depths are too shallow for mooring at mean low tide as shown in bathymetric survey, average water depth at mean low tide is less than 3 -feet. 3. Proposed dock facility does not intrude into marked or charted navigable to channel, thus no adverse impact on navigation is expected. The proposed dock, boathouse and lift have been designed not to impede navigation and is congruent with the other existing docks along this shoreline. 4. Proposed dock facility protrudes a total of 56.46 -feet from shoreline, the overall protrusion is 20.5% of 278.31' of waterway, dock facility maintains more than 75% of navigable waterway open. S. Proposed dock facility location nor design interferes with neighboring docks as shown in county appraiser's aerial view and in fact the proposed facility is consistent with existing facilities along the shoreline. 0 • David Bautsch Dock Facility Extension PL20170000541(BDE) Secondary Criteria 1. The proposed dock facility has old existing seawall, mangrove growth along the shoreline, plus shallow water depths justifies proposed extension of dock into deeper water. 2. Proposed dock facility allows reasonable and safe access to vessel without excessive deck area as shown in site plan survey. 3. Length of vessel is 32' and is less than 50% of property's linear waterfront of 225+ as shown in site plan survey. 4. Proposed dock facility will not have a major impact on waterfront view of neighboring property owners and will be consistent with existing facilities along shoreline as shown in county appraiser's aerial view. S. To our knowledge no sea grass beds are located near proposed dock facility as shown in the results of submerged resource survey conducted by Jeremy Sterk of Earth Tech Environmental, LLC and provided for review. 6. Proposed dock facility consists of 1 boat slip and lift, an open -sided boathouse, thus does not require Manatee Protection Plan as stated in LDC subsection 5.03.06 E.11 or N/A. • David Baustch Dock Facility Extension • PL20170000541(BDE) Boathouse Criteria: 5.03.06.E 1. Side setbacks provided: 31.39 feet on the left (North East) and 133.0 on the right (West). 2. Maximum protrusion into waterway is 56.46 feet or 20.5 percent of the most restricted area of 278.31 feet. 3. Maximum height of boathouse roof will be 15 feet above existing seawall cap as provided on the engineering drawings. 4. The proposed boathouse will be the only structure on the property. 5. All sides will be left open as shown on the engineering drawing. 6. The roof material will be plywood and hurricane straps to specifications and the same color and material as the principal upland structure. 7. The boathouse is located well within the setbacks of the uplands property (as shown on survey) and is in the same proximity as existing boathouse as to minimize the impact on the view of the adjacent neighbors. 0 0680004 COLLO COMY REE Pitta Doc INt #ND i�t WM-3 U037 R£010 i?04 7WOWWWO"Up epim by; Andrew L Krava, Dnolft aft 600 $811 Mad Bay Book -ward Naples, FIWWa 33963 (813) SWI221 00011! PACE 0122 1 i;37771 THIS INDENTURE, Made this � - / s if, say of De W*a, IM. WWOM DAVID J. BAUTSCH, a married man, coined herein by bis wile. DIANE E. BAUTSCH, solely for the purpose of barring and releasing any homestead interest she may have), County of Collier. State of Florida, grantor', and DAVID 1. BAUTSCH, as Trustee" of the DAVID J. BAUTSCH PERSONAL RESIDENCE TRUST ooe dated December --J- / _, 1992, whose post office address is 297 Third Street West, Bonita Springs, State of Florida, 33923, grantee•, whose tax identification number is --0-6110-450 WPPNF.SSETH, That said grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) sad other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,haa.granted, bwpined and sold to the &aid grantee, and grantee's heirs and assigns forever, the folkwios. ed land, situate, lying and being in Collier County, Florida, to wit: Lot 9, Bock F, Replan of UWkNo:- 3, LMTLE HICKORY SHORES, per plat thereof recorded at Plat "§rftP Ibe.Public_Becords of Collier County, Florida. Commonly known as:. 297 Third Street -West, Citybf Bo_ nits Springs, County of Collier, State of Florida, 33923. Subject to covenants,, easements, conditions, restrictions, reservations and encumbrances of record and reW estate. takes. Wad subsequent to the calendar year 1992. The above described property is the homestead of grantor, Real Estate Tax Iderniftcation No. 56 000 36 0008 0 MYERS KRAUSE 6 STEVENS C 0MEPED ATTORNEYS AT LAW BANCKOMDAGEN16R Sum= SBI t PELICAN SAY BOULEVARD NAPLES FLORIDA 333 Received j -2.0. ocumentary Stamp Ta: Received S Class T' Intangible VI Personal Property Ta E. BROCK CLERK Of 61RCUIT COW O.0 1 ?94 009112 PA Raiis�ai�lytrNot'd�tlrte�p A�►warattr dree�ktqO! �BOOK dre id s1+d ofatt peeaont •'�aatee" � `garcon• ase used for sir � ptuat, as oo�et r�oqute+ct. onwm ee hamin is SmmW fids pow+ar and audiotity to protect, oonsem ad to sell or to terra orto anaaenbw, orodwwiae to mmW and dbpmof the teas p gw1y descaibed Wain as set two in ltodds d".th?t . "Mpon die mdIw of the aepisetion of twenty (M yes flrorn die date of ea OWM of this UM ice, or upon his man, Nfdl d or imabWq W act as tauten, DAVID L BUu'TWU dM cow to act as ttudee of said rant and DIANB B. BAUTSCH shall spa as wooeayor i rm M I, aid the aoogmm by the succenw awtee, t►econkd in the Public Reoords of CdNer Cotmty, Florida, where the ad property duallm d above is roared. together with evidwm of the trustoe's destb, rail ation, or inability to act, if spplicable, shag be deemed esuA. p vof dot the parties have co upNed with die rumor trustee pions of the arc iv laid taut. sumdat evidence of the wome's deaa shall consist of a omrdaw oopy of his death owe. Suffichm evidence of the trustee's r+esigradon shad consist of a usigntion, nary �eoaeouted and acknowledged by him. Sufhicieat evidence of a trustee's inal tits► to act shall t of s Nommod physldan's affidavit au6Hddq that the uuuw is incipMe of performing his duties a trustee of the aforosdd trust. The socoessar trnstee shall have the sauna powers ga--ed to the original trustee, as set forth above. IN Wt'MMS WHEREOF, Grantor has -hw punto -Set -grantor's hand and seat the day end year first above written. signed, Bated and delimaii in our-p:emm: (priat aaae) h A-4— .r ly alU-%C 2 FZT�% �,../ + !Q'.- BAMCH • n 1YIp1l� r'd .►.rs 4r, AamCj..� dza1_..., 'meg STATS OF FLORIDA i?94 009113 a Notary Public, the fongoing instrument was acknowledged this day of = 1992, by DAVID 1. BA1iL'SCN and DIANE H. BAU M% who t�Yaee personalty kfim t to me of who 0 have produced a driver license as identificadong and wla did not take as oath. • ti50y Public State of Plorida at Large My Commission HXpires: WfMV yuan SrAts OF FLMIQ ny oL INS. b. :d,% ,j M _ t2 d 5 W ,r fid, typed or damped eaaradb kned risme of Nolm Aeto's"d eoa p:rifted 1n �t�` :�: aecordt of FIOP.I�h f;011ifk ac1CK, CLERK 3 fra i cul e . Northeast PSL Mangroves MLWL (481' NAVD) Seawall (3.80' NAVD) 1 �.I 1w ( ) MHWI 001 NAVD MHWL (0.01' NAVD) Proposed Dock Seawall (3.80' NAVD) 10 548 ftr MLWL Proposed Boatiwuse (-0.81' NAVD) 720 P Cross Section Plane Mangroves GREG ORICK MARINE Name: DavidBautsc6 Approved Signature: a CONSTRUCTION, INC. Address: 2973`^StW (20) 949m5588 Bonita Sgs, FL 34134 Date: 3/9/20179 Approved Date: 5 0 of seawall tap Cross Section of Depth below proposed Boat Lift For PemxllMg PwpmGnW, trot for Co odctian Use 16,000 N. am UR 3" x 8" (rough) M a Cap Timber jyp) 3"x8"(mugA) 2.xBN(mugh) Main s6k"Qyp) kits gyp) 611111111a 1 01 m R R EMisang Grade j _ 1,28'Below—' 2.26'aekwJ -- MLWL MW t,-3.33'8dov JT N' Refund MLWL -- 111 VVL All Piles ro be Wrapped wl-- Rack vrcl from Cap TiMwsto 1' below Buhsbale Pie Penetration —1 MLWL GREG CRICK MARINE CONSTRUCTION, INC, (289) 9495588 Name: David Bautsch Address: 297311StW Bonita Springs, FL 34134 Date: 3/912017 Approved Signature: s Approved Date: h r, MEMORANDUM • DATE: December 22, 2016 TO: Greg Crick Marine Construction 1035 Collier Center Way, Suite I Naples, FL 34110 FROM: Jeremy Sterk RE: 297 3b St W An ecologist from Earth Tech Environmental (ETE) conducted a Submerged Resource Survey (SRS) at the referenced property on December 21, 2016. The purpose of the survey was to evaluate the proposed dock area forthe presence of important submerged resources such as seagrass or hard bottom. The limits of the area surveyed are shown on the attached aerial exhibit The survey was conducted utilizing SCUBA and photographs were taken to document observations. Visibility during the survey was I to 2 feet. Dense Scoevoela toccada is present along the entire frontage of the lot. There is a gentle slope immediately in front of the shoreline that quickly breaks to the deep water of the bay. Bottom material on the slope prior to the deep- water break was predominately sandishell. The bottom of the deep -water channel is silty muck. Both areas were subject to heavy siltation and poor visibility. • The existing dock is providing habitat for a variety of small fish and invertebrates. Mangrove snapper and sheepshead were observed under and around the dock In summary, no submerged resources that would preclude construction of a new dock within the survey area were observed. See attached photographs for site conditions and observations. Feel free to contact me if you have any questions. 0 FARTH TECH ENVIRONMENTAL, LLC 1455 RAIL HEAD BOULEVARD STE. 8, NAPLES, FL 34110 �.etenviron.c 0 L 11 Photo 4. Bottom habitat example. 0 • Fj 0 0 Photo 6. Bottom habitat example.