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HEX Backup 10/12/2017 COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS OCTOBER 12, 2017 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 10:00 AM ON THURSDAY,OCTOBER 12,2017 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 WANED 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: NOTE: This item was continued from the September 14, 2017 and September 28, 2017 HEX Meetings due to Hurricane Irma. 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] NOTE: This item was continued from the September 14, 2017 and September 28, 2017 HEX Meetings due to Hurricane Irma. 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] NOTE: This item was continued from the September 14, 2017 and September 28, 2017 HEX Meetings due to Hurricane Irma. 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] NOTE: This item was continued from the September 14, 2017 and September 28, 2017 HEX Meetings due to Hurricane Irma. 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 was continued from the September 28, 2017 HEX Meeting due to Hurricane Irma. E. PETITION NO. PDI-PL20170000247—Collier Land Development, Inc. requests an insubstantial change to the Sabal Bay Mixed Use Planned Unit Development(MPUD), Ordinance No. 05-59, as amended,to add one new deviation relating to signage. The subject property is located on the south side of Tamiami Trail East,approximately one quarter mile east of Thomasson Drive, in Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of ±4.34 acres. [Coordinator: Ray Bellows,Zoning Manager] NOTE: This item was continued from the September 14, 2017 and September 28, 2017 HEX Meetings due to Hurricane Irma and further continued to the October 26,2017 HEX Meeting. F. 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] NOTE: This item was continued from the September 28, 2017 HEX Meeting due to Hurricane Irma. G. PETITION NO. BDE-PL20170001321 —Darren and Jill Martens request approval of a boathouse pursuant to Section 5.03.06.F of the Collier County Land Development Code for the benefit of Lot 22,Block C, of Conner's Vanderbilt Beach Estates Unit 1, also described as 180 Channel Drive, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Eric Johnson,Principal Planner] H. PETITION NO. BD-PL20170000565 — Jill Gaynor requests a 56-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 76 feet, for a boat dock facility located at 75 Pelican Street W, on the north side of Pelican Street W. approximately one third mile west of Capri Boulevard, in Section 31, Township 51 South,Range 26 East,Collier County,Florida. [Coordinator: Ray Bellows,Zoning Manager] I. PETITION NO. PDI-PL20170002630 — Pulte Home Company, LLC requests an insubstantial change to the Buckley MPUD, Ordinance No. 14-24, as amended, to reduce the minimum lot area and minimum lot width for single family detached dwelling units. The subject property is located at the northwest corner of the intersection of Airport-Pulling Road and Orange Blossom Drive, in Section 2, Township 49 South, Range 25 East, Collier County, FL, consisting of 21.7± acres. [Coordinator:Timothy Finn,AICP,Principal Planner] 4. OTHER BUSINESS 5. PUBLIC COMMENTS 6. ADJOURN 1 CAr }'Hto o L EX 9-28-2017 PDI—PL2017000247 SABAL BAY MPUD Ann P. Jennejohn From: VelascoJessica <JessicaVelasco@colliergov.net> Sent: Tuesday, August 29, 2017 4:38 PM To: Minutes and Records Cc: Ann P.Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; PageErin; Neet,Virginia; Rodriguez,Wanda; Smith, Camden; Deselem, Kay Subject: HEX Advertisement Request PL20170000247 Attachments: 2x3 Map.pdf;Ad Request.docx; Signed Ad Request.pdf Good Afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, t7€€%6a Khoo Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 jessicavelasco@colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday, August 29, 2017 4:40 PM To: 'VelascoJessica'; Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Kendall, Marcia; PageErin; Neet,Virginia; Rodriguez,Wanda; Smith, Camden; Deselem, Kay Subject: RE: HEX Advertisement Request PL20170000247 Hi Jessica, I'll process your ad and sevtd the proof a.s.a.p. Thank you. Avtvt Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 23q-252-8406 Fax 239-252-8408 From:VelascoJessica [mailto:JessicaVelasco@colliergov.net] Sent:Tuesday, August 29, 2017 4:38 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; Bellows, Ray<RayBellows@colliergov.net>; Bosi, Michael <MichaelBosi@colliergov.net>; Kendall, Marcia <MarciaKendall@colliergov.net>; PageErin<ErinPage@colliergov.net>; Neet, Virginia <VirginiaNeet@colliergov.net>; Rodriguez, Wanda <WandaRodriguez@colliergov.net>; Smith, Camden <CamdenSmith@colliergov.net>; Deselem, Kay<KayDeselem@colliergov.net> Subject: HEX Advertisement Request PL20170000247 Good Afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, are/da (/da&,0 Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 jessicavelasco@colliergov.net 1 Ann P. Jennejohn From: RodriguezWanda <WandaRodriguez@colliergov.net> Sent: Wednesday, August 30, 2017 8:33 AM To: Minutes and Records Cc: Stone, Scott; VelascoJessica; Deselem, Kay Subject: re: HEX Advertisement Request PL20170000247 Attachments: 2x3 Map.pdf;Ad Request.docx; Signed Ad Request.pdf This ad request is good. "Wanda Rodriguez, MCP .Advanced Certified ParaCegaC Office of the County.Attorney (239)252-8400 From:VelascoJessica Sent:Tuesday, August 29, 2017 4:38 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn<Ann.Jennejohn@collierclerk.com>; BellowsRay<RayBellows@colliergov.net>; BosiMichael <MichaelBosi@colliergov.net>; KendallMarcia <MarciaKendall@colliergov.net>; PageErin<ErinPage@colliergov.net>; NeetVirginia <VirginiaNeet@colliergov.net>; RodriguezWanda <WandaRodriguez@colliergov.net>; SmithCamden <CamdenSmith@colliergov.net>; DeselemKay<KayDeselem@colliergov.net> Subject: HEX Advertisement Request PL20170000247 Good Afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, (/G8w a Vd&oo Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 jessicavelasco@colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 August 29. 2017 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on September 8, 2017, and furnish proof of publication to the attention of Kay Deselem, Principal Planner in the Growth Management Department. Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500176563 Account Number: 076397 7267. 4--- 1/4 Authorited Designee signature for HEX Advertising PL20170000247 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., September 28th,2017, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: PETITION NO. PDI-PL20170000247 — COLLIER LAND DEVELOPMENT, INC. REQUESTS AN INSUBSTANTIAL CHANGE TO THE SABAL BAY MIXED USE PLANNED UNIT DEVELOPMENT (MPUD), ORDINANCE NO. 05-59, AS AMENDED, TO ADD ONE NEW DEVIATION RELATING TO SIGNAGE. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF TAMIAMI TRAIL EAST, APPROXIMATELY ONE QUARTER MILE EAST OF THOMASSON DRIVE, IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF±4.34 ACRES. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida gym. 111 e Bayshore DR a . .. , , . , ,, ,. .. , . . „ ... .:„ .,., u .,),,,,,e, w u 3 cD ov 3 . '6' ' ''':'' '' ' '''''''' X III r O � o 0o a ` 0 O n o Z -I Collier BLVD m Acct #076397 August 30, 2017 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PDI-PL20170000247 (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) Friday, September 8, 2017 and send the Affidavit of Publication, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500176563 August 30, 2017 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on September 8, 2017 and furnish proof of publication to the attention of the Board Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} PURCHASE ORDER NUMBER: 4500176563 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, September 28, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples, FL 34104, to consider: PETITION NO. PDI-PL20170000247—COLLIER LAND DEVELOPMENT, INC. REQUESTS AN INSUBSTANTIAL CHANGE TO THE SABAL BAY MIXED USE PLANNED UNIT DEVELOPMENT (MPUD), ORDINANCE NO. 05-59, AS AMENDED, TO ADD ONE NEW DEVIATION RELATING TO SIGNAGE. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF TAMIAMI TRAIL EAST, APPROXIMATELY ONE QUARTER MILE EAST OF THOMASSON DRIVE, IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF±4.34 ACRES. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida I I iiii,if ..-''N. jii Bayshore DR 04 x 0 Z 01 r v B nOOIII 72 pr a co 0 Rai m O n Z -1 0 E -�- z Collier BLVD Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, August 30, 2017 9:17 AM To: Naples Daily News Legals Subject: PDI-PL20170000247 Attachments: PDI-PL20170000247.doc; PDI-PL20170000247.doc; PDI-PL20170000247.pdf Good Morvtivtg, Please advertise the attached (W/MAP) on Friday, September 8, 2017. Thavtk you. Avty< Jevtvtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustvvtevtt Board Collier Couvtty Board Mivtutes & Records Dept. 239-252-8406 Fax 239-252-8408 II 1 Ann P. Jennejohn From: NDN-Legals <legals@naplesnews.com> Sent: Friday, September 01, 2017 10:17 AM To: Ann P.Jennejohn Subject: FW: Display legal ad#1741600 Run Date: 9/8/2017 size 3x9.25 FW: PDI-PL20170000247 Attachments: ND-1741600.pdf For your approval Please reply to: legals@naplesnews.com From: Matthews,Victoria Sent:Thursday, August 31, 2017 2:21 PM To: NDN-Legals<legals@naplesnews.com> Subject: RE: Display legal ad#1741600 Run Date: 9/8/2017 size 3x9.25 FW: PDI-PL20170000247 Proof is attached for approval. Thanks! Victoria Matthews Sales Coordinator NETWORK.?,:apies atilt/NC11133 .USATODAY The News-Press From: NDN-Legals Sent:Thursday, August 31, 2017 11:19 AM To: Matthews, Victoria <Victoria.Matthews@naplesnews.com> Subject: Display legal ad#1741600 Run Date: 9/8/2017 size 3x9.25 FW: PDI-PL20170000247 Hi Victoria; here's a new Display legal ad#1741600 Run Date: 9/8/2017 size 3x9.25 Note from customer: must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. Thank you, Mereida Cardenas Legal Advertising Specialist Zapf ria Datil!lelui f •g't, ""'' legals a(�.NaplesNews.com NaplesNews.com From:Ann P.Jennejohn [mailto:Ann.Jenneiohn@collierclerk.com] Sent: Wednesday, August 30,2017 9:17 AM To: NDN-Legals<legals@naplesnews.com> Subject: PDI-PL20170000247 1 Good Morning, Please advertise the attached (W/MAP) on Friday, September 8, 2017. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustvnent Board Collier County Board Minutes & Records Dept. 239—252-8406 Fax 239—252-8408 Please visit us on the web at https://protect-us.mimecast.com/s/rxgaBYhOKWXOcJ?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@ collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 2 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, September 28, 2017, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples, FL 34104,to consider: PETITION NO. PDI-PL20170000247 — COLLIER LAND DEVELOPMENT, INC. REQUESTS AN INSUBSTANTIAL CHANGE TO THE SABAL BAY MIXED USE PLANNED UNIT DEVELOPMENT (MPUD), ORDINANCE NO.05-59,AS AMENDED,TO ADD ONE NEW DEVIATION RELATING TO SIGNAGE.THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF TAMIAMI TRAIL EAST, APPROXIMATELY ONE QUARTER MILE EAST OF THOMASSON DRIVE, IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF ±4.34 ACRES. Davis BLVD' p m G) 15 mRattlesnake Hammock RD , 1. PROJECT " '.›)id LOCATION • 1.. s All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356, (239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida September 8,2017 ND-1741600 ❑ PROOF O.K.BY: ❑ O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT:8/31/2017 1:21 PM SALES PERSON: NDN7103 PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:09/08/17 ND-1741600.INDD SIZE:3 col X 9.25 in Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, September 01, 2017 10:27 AM To: Rodriguez, Wanda; 'VelascoJessica' Subject: FW: Display legal ad#1741600 Run Date: 9/8/2017 size 3x9.25 FW: PDI-PL20170000247 Attachments: ND-1741600.pdf For your approval Arta Jevtvtejotnvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment T3oard Collier County Hoard Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 From: NDN-Legals [mailto:legals@naplesnews.com] Sent: Friday, September 01, 2017 10:17 AM To:Ann P.Jennejohn<Ann.Jennejohn@collierclerk.com> Subject: FW: Display legal ad#1741600 Run Date: 9/8/2017 size 3x9.25 FW: PDI-PL20170000247 For your approval Please reply to: legals@naplesnews.com From: Matthews,Victoria Sent:Thursday, August 31, 2017 2:21 PM To: NDN-Legals<legals@naplesnews.com> Subject: RE: Display legal ad#1741600 Run Date: 9/8/2017 size 3x9.25 FW: PDI-PL20170000247 Proof is attached for approval.Thanks! Victoria Matthews Sales Coordinator -E I 4110 .99.4.y efa The Nftws-Pffis Nat'l." 11410 It" I Nmivi mecio group From: NDN-Legals Sent:Thursday,August 31, 2017 11:19 AM To: Matthews,Victoria <Victoria.Matthews@naplesnews.com> Subject: Display legal ad#1741600 Run Date: 9/8/2017 size 3x9.25 FW: PDI-PL20170000247 Hi Victoria; here's a new Display legal ad#1741600 Run Date: 9/8/2017 size 3x9.25 1 Note from customer: must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. Thank you, Mereida Cardenas Legal Advertising Specialist '1 zptet Daily:0;clus I O legals(a�NaplesNews.corn NaplesNews.com From:Ann P.Jennejohn [mailto:Ann.Jennelohn@collierclerk.com] Sent: Wednesday,August 30, 2017 9:17 AM To: NDN-Legals<legals@naplesnews.com> Subject: PDI-PL2O170OOO247 Good Morning, Please advertise the attached (W/MAP) on Friday, Septewtber 8, 2017. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 Please visit us on the web at https://protect-us.mimecast.com/s/rxgaBYhOKWXOcJ?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 2 Ann P. Jennejohn From: VelascoJessica <JessicaVelasco@colliergov.net> Sent: Friday, September 01, 2017 2:44 PM To: Minutes and Records Cc: Rodriguez, Wanda; Smith, Camden; Bellows, Ray;Ann P.Jennejohn Subject: FW: Display legal ad#1741600 Run Date: 9/8/2017 size 3x9.25 FW: PDI-PL20170000247 Attachments: RE: Display legal ad#1741600 Run Date: 9/8/2017 size 3x9.25 FW: PDI-PL20170000247 Good Afternoon, We have received approval for this ad from both agent and planner. Respectfully, ad ioa Wane Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 iessicavelasco@colliergov.net Under Florida Law, e-mail addresses are public records. Ifyou do not wantyour e-mail address released in response to a p public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Bob Mulhere [mailto:BobMulhere@hmeng.com) Sent: Friday, September 01, 2017 12:27 PM To:VelascoJessica <JessicaVelasco@colliergov.net> Cc:Stephanie Karol <StephanieKarol@hmeng.com>; SmithCamden<CamdenSmith@colliergov.net>; DeselemKay <KayDeselem@colliergov.net>; BellowsRay<RayBellows@colliergov.net> Subject: Re: Display legal ad#1741600 Run Date: 9/8/2017 size 3x9.25 FW: PDI-PL20170000247 Looks good Sent from my iPhone On Sep 1, 2017, at 11:40 AM,VelascoJessica<JessicaVelasco@colliergov.net>wrote: Good Morning Bob and Stephanie, I have received the ad proof for PL20170000247 Sabal Bay Sign (PDI). Please review the ad proof and send in your approval in writing via email.This ad is for your scheduled 9/28 HEX hearing, and the ad is set to run on 9/8/17. 1 Ann P. Jennejohn From: RodriguezWanda <WandaRodriguez@colliergov.net> Sent: Friday, September 01, 2017 2:48 PM To: Minutes and Records Cc: VelascoJessica; Bellows, Ray; Stone, Scott Subject: re: Display legal ad#1741600 Run Date: 9/8/2017 size 3x9.25 FW: PDI-PL20170000247 Attachments: RE: Display legal ad#1741600 Run Date: 9/8/2017 size 3x9.25 FW: PDI-PL20170000247; N D-1741600.pdf The ad looks good here too, thanks. 'Wanda Rodriguez, MCP .Advanced Certified ParaCegaC Office of the County.Attorney (239)252-8400 From:VelascoJessica Sent: Friday, September 01, 2017 2:44 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc: RodriguezWanda <WandaRodriguez@colliergov.net>; SmithCamden <CamdenSmith@colliergov.net>; BellowsRay <RayBellows@colliergov.net>;Ann P.Jennejohn<Ann.Jennejohn@collierclerk.com> Subject: FW: Display legal ad#1741600 Run Date: 9/8/2017 size 3x9.25 FW: PDI-PL20170000247 Good Afternoon, We have received approval for this ad from both agent and planner. Respectfully, C74s%ea VGGR8d° Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 jessicavelasco@colliergov.net 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. From: Bob Mulhere [mailto:BobMulhere@hmeng.com] Sent: Friday, September 01, 2017 12:27 PM Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, September 01, 2017 3:23 PM To: 'Cardenas, Mereida' Subject: RE: Display legal ad#1741600 Run Date: 9/8/2017 size 3x9.25 FW: PDI-PL20170000247 Looks good, please publish! Thank you! Avtvt Jevtvtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Mivtutes & Records Dept. 239-252-8406 Fax 239-252-8408 From: Cardenas, Mereida [mailto:Mereida.Cardenas@naplesnews.com] Sent: Friday, September 01, 2017 3:01 PM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: FW: Display legal ad#1741600 Run Date: 9/8/2017 size 3x9.25 FW: PDI-PL20170000247 For your approval Thank you, Mereida Cardenas Legal Advertising Specialist '_l tp1ct t�l tdl7i!1 nit r s�' Iegals@NaplesNews.com NaplesNews.com From: Matthews,Victoria Sent: Friday, September 01, 2017 1:47 PM To: Cardenas, Mereida Subject: RE: Display legal ad#1741600 Run Date: 9/8/2017 size 3x9.25 FW: PDI-PL20170000247 Attached is proof for approval.Thanks! Victoria Matthews Sales Coordinator Napirsitaibj •usacrolay iit4 The Kews-Press NErellORK Mil media group From: NDN-Legals Sent:Thursday, August 31, 2017 11:19 AM 1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, September 01, 2017 3:23 PM To: 'Cardenas, Mereida' Subject: RE: Display legal ad#1741600 Run Date: 9/8/2017 size 3x9.25 FW: PDI-PL20170000247 Looks good, please publish! Thavtk you! Avtvt Jevtvtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustvvtevtt Hoard Collier Couvtty Board Mivtutes & Records Dept. 239-252-8406 Fax 239-252-8408 From: Cardenas, Mereida [mailto:Mereida.Cardenas@naplesnews.com] Sent: Friday, September 01, 2017 3:01 PM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: FW: Display legal ad#1741600 Run Date: 9/8/2017 size 3x9.25 FW: PDI-PL20170000247 For your approval Thank you, Mereida Cardenas Legal Advertising Specialist 'Sap t, mill' out I CAW Iegals@NaplesNews.com NaplesNews.com From: Matthews,Victoria Sent: Friday, September 01, 2017 1:47 PM To: Cardenas, Mereida Subject: RE: Display legal ad#1741600 Run Date: 9/8/2017 size 3x9.25 FW: PDI-PL20170000247 Attached is proof for approval. Thanks! Victoria Matthews Sales Coordinator USATODAY ewsPress�e [ 4111 NETWORK met% Thedia group From: NDN-Legals Sent:Thursday, August 31, 2017 11:19 AM ?'apLrø OttLij ? rwø NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 1741600 PDI-PL20170000247 Pub Dates September 8,2017 /19,- (Sign/?thLLL ure ofaffiant) . • I .;. KAROLEKANGAS 1 F Motor/NW-State ofFlorlda Sworn to and subscribed before me , commission/GGI O41 This September 13,2017 � :3 M mm.Expl� � lorryotay alimPoPwrepwir o f 040 (Signature of affiant) Naples Daily News Friday,September 8,2017 1711 NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,on September 28,2017,in the Hearing Examiner's Examiner(HEX)at 9:00 A.M.,on Thursday,September 28,2017,in the Hearing Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples,FL 34104, Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples, to consider: FL 34104,to consider: PETITION NO.PDI-PL20170000247-COLLIER LAND DEVELOPMENT, PETITION NO. BDE-PL2U17UW1321 - DARREN AND JILL MARTENS INC.REQUESTS AN INSUBSTANTIAL CHANGE TO THE SABAL BAY REQUEST APPROVAL OF A BOATHOUSE PURSUANT TO SECTION MIXED USE PLANNED UNIT DEVELOPMENT(MPUD),ORDINANCE 5.03.06.F OF THE COLLIER COUNTY LAND DEVELOPMENT CODE NO.05-59,AS AMENDED,TO ADD ONE NEW DEVIATION RELATING TO FOR THE BENEFIT OF LOT 22,BLOCK C,OF CONNER'S VANDERBILT SIGNAGE.THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE BEACH ESTATES UNIT I,ALSO DESCRIBED AS 180 CHANNEL DRIVE,IN OF TAMIAMI TRAIL EAST,APPROXIMATELY ONE QUARTER MILE SECTION 29,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY, EAST OF THOMASSON C ON DRIVE,IN SECTION 19,TOWNSHIP 50 SOUTH, FLORIDA. RANGE 26 EAST,COLLIER COUNTY,FLORIDA,CONSISTING OF±4.34 ACRES. oIECIIDEcc GOO CU 000 ❑ Davis BLVD I a o m I 000000❑ ` o t . 00000®❑ mch+:aoa m Rattles ake Hummock RD v. I > o L� O 0000000 MODEMS • All interested parties are invited to appear and be heard.All materials used in All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the presentation before the Hearing Examiner will become a permanent part of the record. record. Copies of staff report are available one week prior to the hearing.The file can Copies of staff report are available one week prior to the hearing. The file can be be reviewed at the Collier County Growth Management Department,Zoning reviewed at the Collier County Growth Management Department,Zoning Division, Division,Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered.If a person The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with decides to appeal any decision made by the Collier County Hearing Examiner with"..'..\lt.' respect to any matter considered at such meeting or hearing,he will need a record respect to any matter considered at such meeting or hearing,he will need a record of of that proceeding,and for such purpose he may need to ensure that a verbatim that proceeding,and for such purpose he may need to ensure that a verbatim record record of the proceedings is made,which record includes the testimony and of the proceedings is made,which record includes the testimony and evidence upon evidence upon which the appeal is to be based. which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision 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 of certain assistance.Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112- Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356, 5356,(239)252-8380,at least two days prior to the meeting. (239)252-8380,at least two days prior to the meeting. Mark Strain, Mark Strain, Chief Hearing Examiner Chief Hearing Examiner Collier County,Florida Collier County,Florida September 8,2017 ND-1743999 September 8,2017 ND-1741600 IMMOKALEE FIRE CONTROL DISTRICT NOTICE OF PROPOSED BUDGET SUMMARY FISCAL YEAR 2017-2018 TAX INCREASE The proposed operating budget expenditures of Immokalee Fire The Immokalee Fire Control District has tentatively adopted a Control District are 9%more than last year's total operating measure to increase its property tax levy. expenditures. General Special Total All Last year's property tax levy: Estimated Revenues: Fund Revenue Funds Ad Valorem Millage 3.7500 per$1,000 A.Initially proposed tax levy $3.067.118 ' Taxes 3,511,733 - 3,511,733 B.Less tax reductions due to Value Adjustment Less 5% (175,587) - (175,587) Board And other assessment changes $ 153.356 Non-Ad Valorem Fees - - C.Actual property tax levy $2.913.762 Less 5% - - Grants 781,660 - 781,660 This year's proposed tax levy $3.511.733 Other Revenues 201,110 4,302,500 4,503,610 Interest 8,000 - 8,000 All concerned citizens are invited to attend a public hearing on Impact Fees - - the tax increase to be held on Total Sources $ 4,328,916 $4,302,500 $8,629,416 Transfers In Monday,September 11,2017 Fund Balances/Reserves $ 1,298,446 Total Revenues,Transfers,&Balances $ 5,625,362 $4,302,500 $9,927,862 6:00 PM Expenditures At Personnel Services $ 3,572,896 $3,572,896 Immokalee Fire Control District Operating Expenses 698,674 698,674 Station 30 Capital Projects 362,000 3,368,000 3,730,000 Total Expenditures $ 4,633,570 $3,368,000 $8,001,570 502E New Market Road Transfers Out Immokalee,FL 34142 Fund Balances/Reserves 1,298,446 4,302,500 5,600,946 Total Appropriated Expenditures, A FINAL DECISION on the proposed tax increase and the Transfers,Reserves&Balances $ 5,932,016 $7,670,500 $13,602,516 budget will be made at this hearing. The tentative adopted and/or final budgets are on file in the office of the above mentioned taxing authority as a public record. September 8,2017 ND-1743243 September 8,2017 ND-1743258 ert— BDE—PL201 70001 321 HEX'Q� 2`Olv Ann P. Jennejohn LOT 22 CONNERS VANDERBILT BEACH From: VelascoJessica <JessicaVelasco@colliergov.net> Sent: Tuesday, August 29, 2017 4:40 PM To: Minutes and Records Cc: Ann P.Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; PageErin; Neet,Virginia; Rodriguez, Wanda; Smith, Camden;JohnsonEric Subject: HEX Advertisement Request PL20170001321 Attachments: Ad Request.docx; 2x3 Ad Map.pdf; Signed Ad Request.pdf Good Afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, (/G88%da v/ano Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 iessicavelasco@colliergov.net 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. Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday,August 29, 2017 4:54 PM To: 'VelascoJessica' Subject: RE: HEX Advertisement Request PL20170001321 & PL20160002748 Hi again Jessica, I'll send the proofs for PL20170001321 and PL20160002748, too. Thanks! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 From:VelascoJessica [mailto:JessicaVelasco@colliergov.net] Sent:Tuesday,August 29, 2017 4:40 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; Bellows, Ray<RayBellows@colliergov.net>; Bosi, Michael <MichaelBosi@colliergov.net>; Kendall, Marcia <MarciaKendall@colliergov.net>; PageErin <ErinPage@colliergov.net>; Neet,Virginia <VirginiaNeet@colliergov.net>; Rodriguez, Wanda <WandaRodriguez@colliergov.net>; Smith, Camden <CamdenSmith@colliergov.net>;JohnsonEric<EricJohnson@colliergov.net> Subject: HEX Advertisement Request PL20170001321 Good Afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, (/Gevea Vdao oo Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 iessicavelasco@colliergov.net 1 Ann P. Jennejohn From: RodriguezWanda <WandaRodriguez@colliergov.net> Sent: Wednesday, August 30, 2017 8:38 AM To: Minutes and Records Cc: Ashton, Heidi;VelascoJessica;JohnsonEric Subject: re: HEX Advertisement Request PL20170001321 Attachments: Ad Request.docx; 2x3 Ad Map.pdf; Signed Ad Request.pdf The ad request is good. Wanda Rodriguez, ACP Advanced Certified ParaCega( Office of the County Attorney (239)252-8400 From:VelascoJessica Sent:Tuesday, August 29, 2017 4:40 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; BellowsRay<RayBellows@colliergov.net>; BosiMichael <MichaelBosi@colliergov.net>; KendallMarcia <MarciaKendall@colliergov.net>; PageErin<ErinPage@colliergov.net>; NeetVirginia <VirginiaNeet@colliergov.net>; RodriguezWanda <WandaRodriguez@colliergov.net>; SmithCamden <CamdenSmith@colliergov.net>;JohnsonEric<EricJohnson@colliergov.net> Subject: HEX Advertisement Request PL20170001321 Good Afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, aseka 4/aeo0 Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 jessicavelasco@colliergov.net 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. August 29, 2017 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on September 8th, 2017, and furnish proof of publication to the attention of Eric Johnson, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 114 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear Please reference the fallowing on ALL Invoices: DIVISION: ZONING [Zoning Services Section} FUND&COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500176563 Account Number: 076397 .7-- /a/' -'- Authorize esignee signature for HEX Advertising P120170001321 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., September 28th,2017, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: PETITION NO. BDE-PL20170001321 —DARREN AND JILL MARTENS REQUEST APPROVAL OF A BOATHOUSE PURSUANT TO SECTION 5.03.06.F OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR THE BENEFIT OF LOT 22,BLOCK C,OF CONNER'S VANDERBILT BEACH ESTATES UNIT 1, ALSO DESCRIBED AS 180 CHANNEL DRIVE, IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida Q a ri.l.w.0 S }iww \ P 71 Vanderbilt DR rma 1 D O 73 O m a ` Im O n z Z -11 Acct #076397 September 1, 2017 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: BDE-PL20170001321 (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) Friday, September 8, 2017 and send the Affidavit of Publication, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500176563 September 1, 2017 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on September 8, 2017 and furnish proof of publication to the attention of the Board Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} PURCHASE ORDER NUMBER: 4500176563 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, September 28, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples, FL 34104, to consider: PETITION NO. BDE-PL20170001321 — DARREN AND JILL MARTENS REQUEST APPROVAL OF A BOATHOUSE PURSUANT TO SECTION 5.03.06.F OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR THE BENEFIT OF LOT 22, BLOCK C, OF CONNER'S VANDERBILT BEACH ESTATES UNIT 1, ALSO DESCRIBED AS 180 CHANNEL DRIVE, IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida W 1 3 I 1 V z Z W um wn Ia > OC v Q a Ha TI!gaapuen Lu = : . -. F-1_,j, ca h p R m µ�. Gulf Shore P.. Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, September 01, 2017 9:42 AM To: legals@naplesnews.com Subject: BDE-PL20170001321 (Display Ad) Attachments: BDE-PL20170001321.doc; BDE-PL20170001321.doc; BDE-PL20170001321.pdf Please advertise the attached (W/MAP) ovt Friday, September 8, 2017. Thavtk you. Avtvt Jevtvtejolnvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustvtnevtt Hoard Collier Couvtty Board Mivtutes & Records Dept. 23g-252-8406 Fax 239-252-8408 i Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, September 01, 2017 3:25 PM To: legals@naplesnews.com Subject: FW: BDE-PL20170001321 (Display Ad) Attachments: BDE-PL20170001321.doc; BDE-PL20170001321.doc; BDE-PL20170001321.pdf Do you know if this notice is ready For approval? Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustvvtent Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 From:Ann P.Jennejohn Sent: Friday, September 01, 2017 9:42 AM To: legals@naplesnews.com Subject: BDE-PL20170001321 (Display Ad) Please advertise the attached (W/MAP) on Friday, September s, 2.017. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 2.39-252-8408 1 Ann P. Jennejohn From: RodriguezWanda <WandaRodriguez@colliergov.net> Sent: Wednesday, September 06, 2017 2:36 PM To: Minutes and Records Cc: Ann P.Jennejohn;VelascoJessica; Smith, Camden; Stone, Scott;JohnsonEric Subject: re:Ad No. 1743999 (running 9/8/17) - Martens BD Attachments: RE:AD APPROVAL FOR AD TOMORROW!!!!; ND-1743999.pdf Ann, Planning dept. approval is below and applicant approval is attached. Please ask NDN to remove "Thursday" from the 2nd line of the ad. Otherwise the ad looks good. Thank you, Wanda Rodriguez, MCP .Advanced Certified Paralegal Office of the County.Attorney (239)252-84.00 From:VelascoJessica Sent:Wednesday, September 6, 2017 2:20 PM To: RodriguezWanda <WandaRodriguez@colliergov.net> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; SmithCamden <CamdenSmith@colliergov.net> Subject: RE:Ad No. 1743999 (running 9/8/17) We have now received applicant approval. Respectfully, (Teseka Wane Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 iessicavelasco@colliergov.net 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. From: RodriguezWanda Sent:Wednesday, September 06, 2017 2:13 PM 1 Ann P. Jennejohn From: Holly Lindsly <Holly@orickmarine.com> Sent: Wednesday, September 06, 2017 2:18 PM To: Smith, Camden Cc: Ann P. Jennejohn;VelascoJessica Subject: RE:AD APPROVAL FOR AD TOMORROW!!!! Looks good. Thank you, Holly Lindsly (239) 398-0301 Greg Orick II Marine Construction, Inc. www.GregOrickMarineConstruction.com From:SmithCamden [mailto:CamdenSmith@colliergov.net] Sent: Wednesday, September 6, 2017 1:50 PM To: Holly Lindsly<Holly@orickmarine.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>;VelascoJessica <JessicaVelasco@colliergov.net> Subject: FW:AD APPROVAL FOR AD TOMORROW!!!! Holly, I lost my mind and sent your proof to the wrong agent—see attached for approval today. Please, reply to all and let the Clerk's staff know if approve the ad. It must run tomorrow. Respectfully, Camden Smith, MPA Operations Analyst Collier County Zoning and Planning O. 239.252.1042 From:Ann P.Jennejohn [mailto:Ann.Jennejohn@collierclerk.com] Sent:Wednesday, September 06, 2017 1:13 PM To:SmithCamden <CamdenSmith@colliergov.net> Subject: FW:Ad No. 1743999 (running 9/8/17) A'w Jevtvtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustwtevtt Board 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on September 28, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION NO. BDE-PL20170001321 — DARREN AND JILL MARTENS REQUEST APPROVAL OF A BOATHOUSE PURSUANT TO SECTION 5.03.06.F OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR THE BENEFIT OF LOT 22, BLOCK C, OF CONNER'S VANDERBILT BEACH ESTATES UNIT 1,ALSO DESCRIBED AS 180 CHANNEL DRIVE,IN SECTION 29,TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Bluebill AVE 1 1 1 t h AVE N , PROJECT LOCATION Channel DR 0 ry All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida September 8, 2017 ND-1743999 .. ..`apiyes Battu rwø NaptesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 1743999 BDE-PL20170001321 Pub Dates September 8,2017 " ..ti-t1,1 * 6Yee,a4 (Sign ture of affiant) 1 a;' KAROLEKANGAS I F Way Public-State of Florida Sworn to and subscribed before me , Commission 1 GG 126041 This September 13,2017 1 t&:‘..`,._,/is,. Mycnnan,EaWreaamowyaat I `� 1 amerenamphwumattat.yAwe I „,,f f (Signature of affiant) Naples Daily Naves Friday,September 8,2017 17A NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,on September 28,2017,in the Hearing Examiner's Examiner(HEX)at 9:00 A.M.,on Thursday,September 28,2017,in the Hearing Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples,FL 34104, Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples, to consider: FL 34104,to consider: i PETITION NO.PDI-PL20170000247—COLLIER LAND DEVELOPMENT, PETITION NO. BDE-PL2017000l321 — DARREN AND JILL MARTENS INC.REQUESTS AN INSUBSTANTIAL CHANGE TO THE SABAL BAY REQUEST APPROVAL OF A BOATHOUSE PURSUANT TO SECTION MIXED USE PLANNED UNIT DEVELOPMENT(MPUD),ORDINANCE • 5.03.06.F OF THE COLLIER COUNTY LAND DEVELOPMENT CODE NO.05-59,AS AMENDED,TO ADD ONE NEW DEVIATION RELATING TO FOR THE BENEFIT OF LOT 22,BLOCK C,OF CONNER'S M VANDERBILT • SIGNAGE.THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE BEACH ESTATES UNIT I,ALSO DESCRIBED AS 180 CHANNEL DRIVE,IN OF TAMIAMI TRAIL EAST,APPROXIMATELY ONE QUARTER MILE • SECTION 29,TOWNSHIP48 SOUTH,RANGE 25 EAST,COLLIER COUNTY, EAST OF THOMASSON C DRIVE,IN SECTION 19,TOWNSHIP 50 SOUTH, FLORIDA. RANGE 26 EAST,COLLIER COUNTY,FLORIDA,CONSISTING OF±4.34 ACRES. DWo Doom DDD 0 Davis BLVD I O 00000000170000 00 _ ^1DR N ' Ao nm 1rI Jm li Rattlesnake hammock RD D a,� ❑DooDo❑ DDE DD0 • M interested parties are invited to appear and be heard.All materials used in All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the 'presentation before the Hearing Examiner will become a permanent part of the . record. ,record. Copies of staff report are available one week prior to the hearing.The file can Copies of staff report are available one week prior to the hearing. The file can be be reviewed at the Collier County Growth Management Department,Zoning reviewed at the Collier County Growth Management Department,Zoning Division, Division,Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered.If a person The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record respect to any matter considered at such meeting or hearing,he will need a record of of that proceeding,and for such purpose he may need to ensure that a verbatim that proceeding,and for such purpose he may need to ensure that a verbatim record • record of the proceedings is made,which record includes the testimony and of the proceedings is made,which record includes the testimony and evidence upon evidence upon which the appeal is to be based. which the appeal is to be based. If you are a person with a disability who needs any acwmmodation in order to If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision 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 of certain assistance.Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112- Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356, 5356,(239)252-8380,at least two days prior to the meeting. (239)252-8380,at least two days prior to the meeting. Mark Strain, Mark Strain, Chief Hearing Examiner Chief Hearing Examiner Collier County,Florida Collier County,Florida September 8,2017 ND-1743999 September 8,2017 ND-1741600 IMMOKALEE FIRE CONTROL DISTRICT NOTICE OF PROPOSED BUDGET SUMMARY • FISCAL YEAR 2017-2018 TAX INCREASE The proposed operating budget expenditures of Immokalee Fire The Immokalee Fire Control District has tentatively adopted a Control District are 9%more than last year's total operating measure to increase its property tax levy. expenditures. I General Special Total All Last year's property tax levy: Estimated Revenues: Fund Revenue Funds Ad Valorem Millage 3.75110 per$1,000 A.Initially proposed tax levy $3.067.118 • Taxes 3,511,733 - 3,511,733 B.Less tax reductions due to Value Adjustment Less 5% (175,587) - (175,587) Board And other assessment changes $ 153.356 Non-Ad Valorem Fees - - C.Actual property tax levy $2.913.762 Less 5% - - Grants 781,660 - 781,660 This year's proposed tax levy $3,511,733 Other Revenues 201,110 4,302,500 4,503,610 Interest 8,000 - 8,000 All concerned citizens are invited to attend a public hearing on Impact Fees - - the tax increase to be held on Total Sources $ 4,326,916 $4,302,500 $8,629,416 Transfers In Monday,September 11,2017 Fund Balances/Reserves $ 1,298,446 Total Revenues,Transfers,&Balances $ 5,625,362 $4,302,500 $9,927,862 6:00 PM Expenditures At Personnel Services $ 3,572,896 $3,572,896 Immokalee Fire Control District Operating Expenses 698,674 698,674 Station 30 Capital Projects 362,000 3,368,000 3,730,000 Total Expenditures $ 4,633,570 $3,368,000 $8,001,570 502E New Market Road Transfers Out Immokalee,FL 34142 Red Balances/Reserves 1,298,446 4,302,500 5,600,946 Total Appropriated Expenditures, A FINAL DECISION on the proposed tax increase and the Transfers,Reserves&Balances $ 5,932,016 $7,670,500 $13,602,516 budget will be made at this hearing. The tentative adopted and/or final budgets are on file in the office of the above mentioned taxing authority as a public record. September 8,2017 ND-1 743243 September 8,2017 ND-1743258 OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts FROM: Wanda Rodriguez, ACP t DATE: October 20, 2017 RE: Hearing Examiner Decision(s) from October 13,2017. Attached are the remaining two signed HEX decisions from the Hearing Examiner hearing on October 13, 2017. Attachment(s): HEX No. 2017—29 HEX No. 2017—30 [05-00A-01253/813782/11744 HEX NO. 2017—30 HEARING EXAMINER DECISION PETITION NO. BDE-PL20170001321 — Darren and Jill Martens request approval of a boathouse pursuant to Section 5.03.06.F of the Collier County Land Development Code for the benefit of Lot 22, Block C, of Conner's Vanderbilt Beach Estates Unit 1, also described as 180 Channel Drive, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. DATE OF HEARING: October 12, 2017 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 5.03.06 of the Land Development Code has been met and the petition should be approved. ANALYSIS: No objections have been received for this application and no members of the public, other than those associated with the Applicant, attended the hearing. DECISION: The Hearing Examiner hereby approves Petition No. BD-PL20170001321, filed by Greg Orick II Marine Construction, representing Darren and Jill Martens, for approval of a boathouse for the benefit of the property described herein, in accordance with the Proposed Site Plan attached as Exhibit"A", and as subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A—Proposed Site Plan LEGAL DESCRIPTION: Lot 22, Block C, Conner's Vanderbilt Beach Estates Unit No. 1, according to the map or plat thereof as recorded in Plat Book 3, Page 8, Public Records of Collier County, Florida. [17-CPS-01680/1369852/1]46 1 of 2 CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. Roofing material and roof color shall be the same as materials and colors used on the principal structure. DISCLAIMER: Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. i 9 , rt, - ad - � J `�` Date Mar Strain, Hearing Examiner Approved as to form and legality: H idi F.Ashton-Cicko Managing Assistant County Attorney [17-CP S-01680/1369852/1146 2 of 2 LEGEND LOT 22, BLOCK "C" CONNER'S VANDERBILT ..FOUND RX.NAL BEACH ESTATES UNIT NO. 10 , : a FOUND IS/0.IRON IAN ,17.lcra lb...re, '', r-ma BCPC/RED (#180 CHANNEL DRIVE, NAPLES, FLORIDA.) R-zeara AFCERMTRIN , Q ,0,ais PON P94 • i f>.PRIMO DM MONLIMENI 0 A SAT X OMR PC..,potar OF arkakaaa . RE-RtOPOS PONT gEz LORRY„.,D,AZEIN Tv A PAAP TV BOK 0 . , tELtl 1,111.PliattE.Tag POOL moL,... Pi,,,PONT OF APPERPACROR CR.DRAINAGE EASEMENT ; VIM••4PMER METER SOX 0/144 .ELECTRte 1,0E11 „ R/IX A MORT OE NAV UNE • NE..MNNTMENCE MENEM( • . '° 'jottEt•D..„--vats - ' ,- 0210402 -- I RE..ACCESS EASEMENT PFP A MOP POWER FOLEt.. \ ' WE A SCREEN .ENCLOSURE ' _ ; -'-'.--- \ -- - 3•°:(1') 0.00 (R) ' . ---TO°06S° 8 z S `05 °' Az. 14 79 --6 , ' o4 04 0 . _.. 0._ _ 0 ‘,.... z 0 o , .... A , q rn ci, LOT 23 , - o ' , (OCCIO ",, LOC 21 ‘ (QUO) ..... so. 0 1 t s:i b o - , '10 0 .0 '773 ...., 02110101 0241010 SMALL ama CAN- 1 &ZED .0100000 • , SCALE r=30' puTO tot to, tzktke. , 4: _ --: -- .--.----::-.5'S, 15°8 t , .../ \ 50SO (')il. 4---:' - „is... .....1„4.41 —A --1 7" I 4 t -S 5,.. 1 '.. - ,------25't--V - 411 - \ , tir, 1. ,, L artafurn z.mu% NOP UME OF PEW • ,•- $a ° 1 mzra.SE 54000024 OURRIEtrAR.. ii \ i EAVID3 1000100020 FILM SUPRORPPWWW MEASURE PO FT.10000100 OF MUM FROM*ET FACE aa SEWN \ % ,tocseto•I' GTE NAN PRNPARED FOR , GREG ()RICK II MARINE CONSTRUCTION DARREN MARTENS \ DOSING COPOREVE 504.1,0.46 ef,—, \ \ 7 \ , i /,,----7 / k , I 1'1 LEGAL DESCRIPTION , *40001<r 22.BLO °C.,CONNER'S 1040100000€ODOR 01<0010/ want BAT1ON,F.S.M. 0540 000.1 AS 00001002m.4 RAT WOE 3,PARE 9 OF TIDE FLORIDA RECASTRAPON f 5109 MONO RECORON OF 0303ER CORRY,FLOM( ! i NOT MIATHAOUT THE SMARM ARO DIE CRONAl10. 00 102)0102 0010.0900 00).,,,r). NOTES: - 1),44E4000000015 ARE IN MI AM)DEMURS NtEREOF. 2).ELEVATIONS ARE aasea ON NAND 19011 PARRA ' 3).10.'?SE 000)001 10 EASENENVS RESITOCOONS OR RESENNTONS PER COWER COUNTY PURGE RECORDS °WO BASIS OF BEARINGS: BEARROSS WE RASED ON TliE SCUTR 12017 OF'NAY PROPOSED SITE PLAN 0 =Matt MEL NATION RLS.,PC.(2017) UNE OF RAM*AVENUE Rana N 7570500°E. .4.• 1,1, ,A:. I'AN.. MEL HATTON GREG ORICE II 11.0T 22.BLCCX*C` CONFIXIV5 VABBBBBILT 1...•• LAND SURVEYORS, INC. ' S( s- #313 EAST GRACE STREET. PONTA GORDA. FLORIDA. ammo. :7114E_ e°-7-7-- $ 1 Hc;.: le r=1.4.1 ‘ I . (239) 450-9949 --- ---L7-04ORD 7-04BRD MC tO 9 4/17 Exhibit"A" Page 1 of 3 ' LEGEND LOT 22, BLOCK "C" CONNER'S VANDERBILT BEACH ESTATES UNIT NO. 1 • 0-,0000 0/0.PON RN ' tO..EWE t) PAVEMENT , f:03512440 ELEVATKIN (li180 CHANNEL DRIVE, NAPLES. FLORIDA.) , A.°REM)IirORMATON g:Wa :ASSET 545 10550555 0-sa 11 000 PC.POW 07 50505055€ RP.RAMS POW Sa-,,,;DEUTY 55555555 TO...OPALS 54 ex. TOO 50055501€005 % TEE51555 50541 R..•POOR OF MEWL-ChM .0 OE..OF.INNW FAKNENT t,141.'"ELISTRIM5 0/0..ROOTS OF or 1505 ME.UNNURENOF 5505555; rn 2..... 1.5E N LOOSE 15555I5010555 EASEMENT At..TOSSES 5550MEN1 %EPP,..MOD 55055 POLE '0 SA...SCREEN t.Ni2.0aFRE 1:5 rn,yik r, r or 23 .Z. oco3PIED) rri I.Sg 22 ' occispiE33) LT 21 . EXISTING CONCRETE SEAWALL AND CAP (oCCUP15531 I -4.. \ so.00' • --- -z.---7 .. --- .-\:,..-•.:---zz:Z: - 7 51 ,1 79(35 4, _ - -0 ges ... / •VPoh% i i .. , CO -55 I ! '-.. ..! a , C. • ‘ 2 - Z-- ..... _. ""0 2.5--\ - -1,.... ..• . Z . -. - ---' -- 40 70 173 0 li\ t l PROPOSED NEW BOATHOUSE 22.6 1-SET FROLI SEAWALL TO -0 Q -4 C.-1. r,..; . ' ROOF UNE OF NEW BOATHOUSE 01 -0 20 0 BOATHOUSE OUTLINE AND PROTRUSION -0 MEASURMENTS INCLUDE 2.6 FT. BOATHOUSE ri (9 rn -Xi, EAVES. BOATHOUSE PILING SUPPORTS TO 1. C) . 1 ,Z.. S TO MEASUFRR%420wETFT.FTAOccOrr ISTAWOAFLLPLING rt c......, .. 7.3.- In , 2 0 SCALE 1.'",-,20' SO , , . , ' sRE Au.PREPARED FM , - GREG ORICK II '• MARINE CONSTRUCTION • DARREN MARTENS .• . , 7/ LEGAL DESCRIPTION . C..- LOT 22.MAN"C'.CONNER'S VANOERINI.T NCACH MATES 4fiATIDN,POSE UNA'NO 1 PS RECORDED PI PLAT 800f(3.PAZ 0 OF DE REVSTRATION i 0509 PUNLIC RECORDS Or=.1.E55 ODOM'.FLORIDA. NOT sTOTNAOUT IRE S,ONARM t,N0 IRE OIEMN.R1490 NOTES: 1.,urasum00ns ARE AT FEES AUTO ..DEE...c 5005555. 2 451500550015 RAE BASED ON NAVO 1880 PARKA 3.WO'50 VJENECT TO EASEMENTS RESTRICTIONS OR RESERVATIONS PER 001.131ERmOOT12..,..,,,..........,.............4PUDLT RECORDS. BASIS OF BEARINGS: 1171 , 8P.AFSNM ARE RAMO ON ME SOLAR MORT OP WRY PROPOSED SITE PLAN 0 oominoirr NEL RATICN PLS..NO.(2017) UNE OF HAINTEW MENDE DENG ti 70'08.00.E P.2a. MEL HATTON GREG ORICE II LOT 22,MACE.C.- CONNEEM VANDERBILT '73741311B2 CONSTR. BEACH ESTATIIII 1114.77 NO. 1 ' L . LAND SURVEYORS INC .i=we 2 I sa It; rm.. ; L S,.47 #31.3 EAST GRACE STREET. PUNTA GORNA, FLORIDA. 33950 ''''''''' ...."'"*.".".74". .• 2 f .. 48 1',...: .1 . (209) 450-9040 . 1 --L-77:::: ...„,Ro Iv tika In un ' Exhibit"A" Page 2 of 3 / » v %Vv Z z / o7r1 A :)( \ �\ 8 , � � � } ® ƒ i 9 - m g :_ . /_ . �, j s( e : rir > / «/ f: z a 3 . . ) / Q �■ ( & ) y § \ / ° \ /- ' z \ ..,41._ j I � / .- \ / q et ) 4111i -■ i - - - _ - : _ , 2 �22 - rn \e y\!\ y_ \ o : ; ;` � LI) ~ \ I a . s \ 4iiiii Igl < } %::::: �/ .. \ ` R W- " r , / \ / � � — \i}; \G----: _ }Q)§ \ I ----: CO } ` - , // rn \ ) ..:,5 ` // 2 .. . _ § , , Q:, ;\ -I / O _ _ ,t� : : > ■ �a 2 ! 4/ /§ - , 0 2 `; / \ \ \ %/ g e - y_ _ 2 �° q | ||, | / i§ 1, , | z / i/ ;| � . 22r | 1 - § al j\ 4 « I4�° 1' $z ` g 1-@\\\\j d/ ,_ _$ ! ii } / \\ ' k \ „ i ,°°E,`-',,',/} Pm ' � - ))E\» ■ p/ 2 2§ ; �2 ! _ - : ;{;2 e , ` | • '� \ ,\){; 4 § !) ri Exhibit 'A )u`:! i 4 f;\§; , ; .; W, Page 3 0f ( ! � �G) JB ENGINEERING OF SW.Fl....INC. _ z BOAT HOUSE FOR. 2 /\. _ � 0C_m_E GREG_a, M_�CONSTRUCTION COLLIER COUNTY FLORIDA Bb-PL20170000565 10/12/17 Teresa L. Cannon 75 Pelican Street From: VelascoJessica <JessicaVelasco@colliergov.net> Sent: Thursday, September 21, 2017 5:28 PM To: Minutes and Records Cc: Ann P.Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; PageErin; Neet, Virginia; Rodriguez,Wanda; Smith, Camden; Deselem, Kay Subject: HEX Advertisement Request PL20170000565 Attachments: Signed Ad Request.pdf;Ad Request.docx; 2 x 3 Ad Map.pdf Importance: High Good Afternoon, Please process the attached and acknowledge receipt at your earliest. Respectfully, (Teeeka dae0 Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 iessicavelasco@colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 September 21. 2017 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on September 25th, 2017, and furnish proof of publication to the attention of Kay Deselem, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement. and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} FUND&COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500176563 Account Number: 076397 Autho 'zed Designee signature for HEX Advertising PL20170000565 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 10:00 A.M.,October 12th,2017, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: PETITION NO. BD-PL20170000565 — JILL GAYNOR REQUESTS A 56-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 76 FEET, FOR A BOAT DOCK FACILITY LOCATED AT 75 PELICAN STREET W, ON THE NORTH SIDE OF PELICAN STREET W. APPROXIMATELY ONE THIRD MILE WEST OF CAPRI BOULEVARD, IN SECTION 31, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida O 9 n O 111111411111 7, m Z "i . BALD-EAGLE DR : ii '6 .&S ' O i Cal,F Teresa L. Cannon From: Teresa L. Cannon on behalf of Minutes and Records Sent: Friday, September 22, 2017 7:51 AM To: 'VelascoJessica' Subject: RE: HEX Advertisement Request PL20170000565 Thanks, I will forward the proof as soon as I receive it. From:VelascoJessica [mailto:JessicaVelasco@colliergov.net] Sent:Thursday, September 21, 2017 5:28 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; Bellows, Ray<RayBellows@colliergov.net>; Bosi, Michael <MichaelBosi@colliergov.net>; Kendall, Marcia <MarciaKendall@colliergov.net>; PageErin<ErinPage@colliergov.net>; Neet, Virginia <VirginiaNeet@colliergov.net>; Rodriguez, Wanda <WandaRodriguez@colliergov.net>; Smith, Camden <CamdenSmith@colliergov.net>; Deselem, Kay<KayDeselem@colliergov.net> Subject: HEX Advertisement Request PL20170000565 Importance: High Good Afternoon, Please process the attached and acknowledge receipt at your earliest. Respectfully, [/G88/da VGda8d0 Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 jessicavelasco@colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Teresa L. Cannon From: RodriguezWanda <WandaRodriguez@colliergov.net> Sent: Friday, September 22, 2017 8:59 AM To: Minutes and Records; Teresa L. Cannon;VelascoJessica; Deselem, Kay Cc: Bellows, Ray; Bosi, Michael; Smith, Camden; Stone, Scott Subject: re: HEX Advertisement Request PL20170000565 Attachments: Signed Ad Request.pdf;Ad Request.docx; 2 x 3 Ad Map.pdf Importance: High Teresa, Per our discussion —the title and map are correct; the start time of 10:00 am is correct, for this meeting only. However, the deadline has been missed to run this ad on Monday 9/25. Please change the ad run date to Wednesday, 9/27, and process as a rush, pending confirmation from staff. Jessica, As you know, this ad should have run in today's paper. Presumably the request was not timely submitted due to Hurricane Irma. Teresa states that the soonest the ad could run is Wednesday, and that all final approvals will have to reach her by noon Tuesday in order for it to run at all. Please confirm that this is acceptable to the planner and applicant. In the future, please consult with our office ahead of time before submitting an ad request that deviates from the normal procedures. Kay, This petition is for a boat dock in Isle of Capri, which was very hard hit in the hurricane. They may have bigger problems to deal with right now. Please confirm that this petitioner still wants this petition to be heard on 10/12, before they incur the expense of running this ad, and forward confirmation to me and to the Clerk's office. They will also need to be available to provide a rush approval of the ad proof. Thank you, Wanda Rodriguez, ACP Advanced Certified Paralegal Office of the County Attorney (239)252-8400 From:VelascoJessica Sent:Thursday, September 21, 2017 5:28 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; BellowsRay<RayBellows@colliergov.net>; BosiMichael 1 Teresa L. Cannon From: RodriguezWanda <WandaRodriguez@colliergov.net> Sent: Friday, September 22, 2017 9:33 AM To: Teresa L. Cannon Subject: RE: HEX Advertisement Request PL20170000565 Good to go. Mike and Ray are in charge of the zoning/planning department, so if they say it's ok, I'm fine with that. Wanda Rodriguez, ACP Advanced Certified ParaCegaC Office of the County Attorney (239)252-8400 From:Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Friday, September 22, 2017 9:31 AM To: RodriguezWanda <WandaRodriguez@colliergov.net> Subject: RE: HEX Advertisement Request PL20170000565 Is this one good to send to NDN or are we still waiting for County staff? From: RodriguezWanda [mailto:WandaRodriguez@colliergov.net] Sent: Friday, September 22, 2017 9:28 AM To: Bellows, Ray<RayBellows@colliergov.net>; Bosi, Michael<MichaelBosi@colliergov.net>;Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Cc:Stone, Scott<ScottStone@colliergov.net>;VelascoJessica <JessicaVelasco@colliergov.net> Subject: RE: HEX Advertisement Request PL20170000565 Mike and Ray, thank you! Teresa, see below. Wanda Rodriguez, ACP Advanced Certified Paralegal- Office of the County Attorney (239)252-8400 From: BellowsRay Sent: Friday, September 22, 2017 9:23 AM To: RodriguezWanda <WandaRodriguez@colliergov.net>; BosiMichael<MichaelBosi@colliergov.net> Cc: StoneScott<ScottStone@colliergov.net> Subject: RE: HEX Advertisement Request PL20170000565 1 Acct #076397 September 22, 2017 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: BD-PL20170000565 — 75 Pelican Street (Display Ad) Dear Legals: Please advertise the above referenced Display Ad w/Map on Wednesday, September 27, 2017 and send the Affidavit of Publication, in triplicate, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500176563 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on September 27th, 2017 and furnish proof of publication to the attention of Minutes & Records Department, 3299 Tamiam Trail East, Suite #401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND& COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500176563 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 10:00 A.M., October 12th, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: PETITION NO. BD-PL20170000565 — JILL GAYNOR REQUESTS A 56-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 76 FEET, FOR A BOAT DOCK FACILITY LOCATED AT 75 PELICAN STREET W, ON THE NORTH SIDE OF PELICAN STREET W. APPROXIMATELY ONE THIRD MILE WEST OF CAPRI BOULEVARD, IN SECTION 31, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite #101, Naples, Florida 34112-5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida ��,0ldg t I bio W 0 Ce 0 d o • Teresa L. Cannon From: Teresa L. Cannon Sent: Friday, September 22, 2017 9:38 AM To: Naples Daily News Legals Subject: BD-PL20170000565 - Pelican Street Attachments: BD-PL20170000565 (HEX 10-12-17).doc; BD-PL20170000565 (HEX 10-12-17).doc; BD- PL20170000565 (HEX 10-12-17).pdf Legals, Please advertise the attached Display Ad w/Map on Wednesday, September 27,2017.Thanks Teresa Cannon, BMR Senior Clerk Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 Teresa L. Cannon From: NDN-Legals <legals@naplesnews.com> Sent: Friday, September 22, 2017 12:55 PM To: Teresa L. Cannon Subject: FW: 1763538_AD 176358 Running 9/27/17 Attachments: ND-1763538.pdf Pelican Street ad for approval. Once I have your approval, I can release for publication. AD: 1763538 Cost: 932.40 Thank you, Mereida Cardenas Legal Advertising Specialist NaptirlDctillj ISMS I = legalsANaplesNews.com Naples News.corn From: Matthews, Victoria Sent: Friday, September 22, 2017 12:04 PM To:Cardenas, Mereida Cc: NDN-Legals Subject: RE: 1763538_AD 176358 Running 9/27/17 Proof attached for approval.Thanks! Victoria Matthews Sales Coordinator NES W Ii From: NDN-Legals Sent: Friday, September 22, 2017 10:33 AM To: Matthews,Victoria<Victoria.Matthews@naplesnews.com> Subject: 1763538_AD 176358 Running 9/27/17 AD 176358 Running 9/27/17 Thank you, Mereida Cardenas Legal Advertising Specialist .xptr t�;tilti>I 1e ttt I 1111124v= IegalsaNaplesNews.com NaplesNews.com From:Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Friday, September 22, 2017 9:38 AM 1 To: NDN-Legals Subject: BD-PL20170000565 - Pelican Street Legals, Please advertise the attached Display Ad w/Map on Wednesday, September 27,2017.Thanks Teresa Cannon, BMR Senior Clerk Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Please visit us on the web at https://protect-us.mimecast.com/s/OJwgBrhgd105hZ?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@acollierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 2 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 10:00 A.M., October 12th, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive,Room 609/610, Naples FL 34104, to consider: PETITION NO. BD-PL20170000565—JILL GAYNOR REQUESTS A 56-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 76 FEET, FOR A BOAT DOCK FACILITY LOCATED AT 75 PELICAN STREET W, ON THE NORTH SIDE OF PELICAN STREET W. APPROXIMATELY ONE THIRD MILE WEST OF CAPRI BOULEVARD, IN SECTION 31,TOWNSHIP 51 SOUTH,RANGE 26 EAST,COLLIER COUNTY, FLORIDA. GPPRI SLvQ PROJECT LOCATION yo •Q, 1/4 Q r m ° PELI,C,AN ST VV ,1'"t .,.... ft; a, U w.. W Q N W I O WE m N BARFIELD DR All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite#101, Naples, Florida 34112-5356, (239) 252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida September 27,2017 ND-1763538 0 PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT:9/22/2017 11:56 AM SALES PERSON: Ivonne Gori PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:09/27/17 ND-1763538.INDD SIZE:3 col X 9.25 in Teresa L. Cannon From: Teresa L. Cannon Sent: Friday, September 22, 2017 12:57 PM To: Rodriguez,Wanda; Smith, Camden; 'VelascoJessica'; Deselem, Kay Subject: FW: 1763538_AD 176358 Running 9/27/17 Attachments: ND-1763538.pdf Please review From: NDN-Legals [mailto:legals@naplesnews.com] Sent: Friday, September 22, 2017 12:55 PM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Subject: FW: 1763538_AD 176358 Running 9/27/17 Pelican Street ad for approval. Once I have your approval, I can release for publication. AD: 1763538 Cost: 932.40 Thank you, Mereida Cardenas Legal Advertising Specialist 'NapiesibiluNcititi ( OW= ledals@NaplesNews.com NaplesNews.com From: Matthews,Victoria Sent: Friday, September 22, 2017 12:04 PM To:Cardenas, Mereida Cc: NDN-Legals Subject: RE: 1763538_AD 176358 Running 9/27/17 Proof attached for approval.Thanks! Victoria Matthews Sales Coordinator Naples B� eL K the group From: NDN-Legals Sent: Friday, September 22, 2017 10:33 AM To: Matthews,Victoria<Victoria.Matthews@naplesnews.com> Subject: 1763538_AD 176358 Running 9/27/17 AD 176358 Running 9/27/17 Thank you, 1 Teresa L. Cannon From: SmithCamden <CamdenSmith@colliergov.net> Sent: Friday, September 22, 2017 1:32 PM To: Teresa L. Cannon; Rodriguez, Wanda;VelascoJessica; Deselem, Kay Subject: RE: 1763538_AD 176358 Running 9/27/17 Planner approved. Respectfully, Camden Smith, MPA Operations Analyst Collier County Zoning and Planning O. 239.252.1042 From:Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Friday, September 22, 2017 12:57 PM To: RodriguezWanda <WandaRodriguez@colliergov.net>; SmithCamden <CamdenSmith@colliergov.net>; VelascoJessica <JessicaVelasco@colliergov.net>; DeselemKay<KayDeselem@colliergov.net> Subject: FW: 1763538_AD 176358 Running 9/27/17 Please review From: NDN-Legals [mailto:legals@naplesnews.com] Sent: Friday, September 22, 2017 12:55 PM To:Teresa L.Cannon <Teresa.Cannon@collierclerk.com> Subject: FW: 1763538_AD 176358 Running 9/27/17 Pelican Street ad for approval. Once I have your approval, I can release for publication. AD: 1763538 Cost: 932.40 Thank you, Mereida Cardenas Legal Advertising Specialist '!raplcJ . [>r lrflI legals@NaplesNews.com NaplesNews.com From: Matthews,Victoria Sent: Friday, September 22, 2017 12:04 PM To: Cardenas, Mereida Cc: NDN-Legals Subject: RE: 1763538_AD 176358 Running 9/27/17 Proof attached for approval.Thanks! 1 Teresa L. Cannon From: FinnTimothy <TimothyFinn@colliergov.net> Sent: Friday, September 22, 2017 1:39 PM To: VelascoJessica; Teresa L. Cannon; Rodriguez, Wanda; Smith, Camden; Lindsay Robin Subject: RE: Display Ad #1763523 Running 9/27 Hi all, Ad approved Timothy Finn, AICP, Principal Planner Zoning Division -Zoning Services Section Growth Management Department Telephone: 239.252.4312; Fax: 239.252.6350 Cv er County From:VelascoJessica Sent: Friday, September 22, 2017 1:13 PM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com>; RodriguezWanda <WandaRodriguez@colliergov.net>; SmithCamden <CamdenSmith@colliergov.net>; FinnTimothy<TimothyFinn@colliergov.net> Subject: RE: Display Ad#1763523 Running 9/27 I will send in agent and planner approvals as soon as I get them.Thank you so much. Respectfully, (/G,eke Wino Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 iessicavelasco@colliergov.net 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. From:Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Friday, September 22, 2017 12:58 PM To: RodriguezWanda <WandaRodriguez@colliergov.net>; SmithCamden <CamdenSmith@colliergov.net>;VelascoJessica <JessicaVelasco@colliergov.net>; FinnTimothy<TimothyFinn@colliergov.net> Subject: FW: Display Ad#1763523 Running 9/27 1 Teresa L. Cannon From: VelascoJessica <JessicaVelasco@colliergov.net> Sent: Friday, September 22, 2017 2:54 PM To: Minutes and Records Cc: Teresa L. Cannon; Rodriguez, Wanda; Smith, Camden; Bellows, Ray Subject: FW: 1763538_AD 176358 Running 9/27/17 Attachments: SKM_C454e17092214490.pdf; RE: 1763538_AD 176358 Running 9/27/17 Hello, Attached you will find the agent and planner's approval. Respectfully, (/G88/da Udaoo Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 jessicavelasco@colliergov.net 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. From: Lee Russell [mailto:Lee@thanaples.com] Sent: Friday, September 22, 2017 2:46 PM To:VelascoJessica <JessicaVelasco@colliergov.net> Subject: RE: 1763538_AD 176358 Running 9/27/17 Talked with jeff he read your email and approved the ad. See attached. When do you need copies? Regards, Lee 1zussell Turrell,Hall&Associates,Inc. Marine&Environmental Consulting 3584 Exchange Ave. Naples,FL.34104-3732 Phone:(239)643-0166 Fax:(239)643-6632 Iee@thanaples.com www.thanaples.com 1 ,...0011166, Turret!, Hall As iates, Inc. maria ernvfmncnta consulting THE INFORMATION CONTAINED IN THIS TRANSMISSION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,CONFIDENTIAL, WORK PRODUCT AND/OR EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT(OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT),YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US BY TELEPHONING US(COLLECT)AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE AT OUR EXPENSE. From:VelascoJessica [mailto:JessicaVelasco@colliergov.net] Sent: Friday, September 22, 2017 2:36 PM To: Lee Russell<Lee@thanaples.com> Subject: RE: 1763538_AD 176358 Running 9/27/17 Hi Lee, Please confirm with Jeff, our Zoning Director Mike Bosi spoke with him this morning and confirmed with him that this petition can be heard on 10/12 HEX. Respectfully, VG ftkel Vda 'oo Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 lessicavelasco@colliergov.net 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. From: Lee Russell [mailto:Lee@thanaples.com] Sent: Friday, September 22, 2017 2:33 PM To:VelascoJessica <JessicaVelasco@colliergov.net> Subject: RE: 1763538_AD 176358 Running 9/27/17 Jessica, I just pulled up the agenda and this is not listed???? Regards, Lee/ 'ussell Turrell,Hall&Associates,Inc. Marine&Environmental Consulting 3584 Exchange Ave. Naples,FL.34104-3732 2 Teresa L. Cannon From: RodriguezWanda <WandaRodriguez@colliergov.net> Sent: Friday, September 22, 2017 3:04 PM To: Minutes and Records Cc: VelascoJessica; Smith, Camden; Bellows, Ray; Stone, Scott Subject: FW: 1763538_AD 176358 Running 9/27/17 - Gaynor BDE Attachments: SKM_C454e17092214490.pdf; RE: 1763538_AD 176358 Running 9/27/17 Teresa, This ad is good to go. Thank you, Wanda Rodriguez, .ACP .Advanced Certified Paralegal Office of the County.Attorney (239)232-8400 From:VelascoJessica Sent: Friday, September 22, 2017 2:54 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Teresa L. Cannon <Teresa.Cannon@collierclerk.com>; RodriguezWanda <WandaRodriguez@colliergov.net>; SmithCamden <CamdenSmith@colliergov.net>; BellowsRay<RayBellows@colliergov.net> Subject: FW: 1763538_AD 176358 Running 9/27/17 Hello, Attached you will find the agent and planner's approval. Respectfully, (/G88%6a Moo Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 iessicavelasco@colliergov.net 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. Teresa L. Cannon From: Teresa L. Cannon Sent: Friday, September 22, 2017 3:34 PM To: Naples Daily News Legals Subject: RE: 1763538_AD 176358 Running 9/27/17 Legals, Ad looks good,OK to run.Thanks From: NDN-Legals [mailto:legals@naplesnews.com] Sent: Friday, September 22, 2017 12:55 PM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Subject: FW: 1763538_AD 176358 Running 9/27/17 Pelican Street ad for approval. Once I have your approval, I can release for publication. AD: 1763538 Cost: 932.40 Thank you, Mereida Cardenas Legal Advertising Specialist iapicti Dalin Scititi IOW= legals@NaplesNews.com NaplesNews.com From: Matthews,Victoria Sent: Friday, September 22, 2017 12:04 PM To:Cardenas, Mereida Cc: NDN-Legals Subject: RE: 1763538_AD 176358 Running 9/27/17 Proof attached for approval.Thanks! Victoria Matthews Sales Coordinator MAThe News-Prins MMY tO ' Nem oAromediagmup From: NDN-Legals Sent: Friday, September 22, 2017 10:33 AM To: Matthews, Victoria <Victoria.Matthews@naplesnews.com> Subject: 1763538_AD 176358 Running 9/27/17 AD 176358 Running 9/27/17 Thank you, 1 Naples Daily News Wednesday,September 27,2017 19A NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 10:00 A.M., October 12th, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104, to consider: PETITION NO. BD-PL20170000565—JILL GAYNOR REQUESTS A 56-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 76 FEET, FOR A BOAT DOCK FACILITY LOCATED AT 75 PELICAN STREET W, ON THE NORTH SIDE OF PELICAN STREET W. APPROXIMATELY ONE THIRD MILE WEST OF CAPRI BOULEVARD, IN SECTION 31,TOWNSHIP 51 SOUTH,RANGE 26 EAST,COLLIER COUNTY, FLORIDA. CAPRI • PROJECT LOCATION 43, PELT NSTW- �� . v t . W -: JN 1. /A�P, m ' N BARFIELD DR W-+E All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite #101, Naples,Florida 34112-5356, (239) 252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida September 27,2017 ND-1763538 .-N apLrø Daily NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples, in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 1763538 PELICAN STREET Pub Dates September 27,2017 (dab-t 6V/12e,a (Sign ture of affiant) I ` + KAROL EKANGAS= M Ot•+ Notary Public-State ofFlorida Sworn to and subscribed before me Commission I GG 126041 `:� . AtyCoMM,Eaplreslul2B,2o21 J This October 04,2017 I •.. a., Woe*oust Nitwit waylay. (Signature of affiant) Naples Daily News Wednesday,September 27,2017 ISA Orange juice prices likely to squeeze consumers ZLATI MEYER Brazil can increase its exports to the U.S.to help cover Whatever the crop damage estimates are now will USA TODAY the shortfall,according to experts in the futures mar- only grow,he said. kets. More fruit will fall off the trees prematurely be- You may live a long way fromthe devastation of Hur- The Florida Department of Citrus estimates that 30 cause of stems kinked in the violent winds.Trees will ricane Irma,but if you buy orange juice you'll be feel- to 70 percent of the Sunshine State's crop was de- continue to soak in standing water,which can cause rot ing the effect at the supermarket checkout counter. stroyed.But the resulting price rises could be mitigat- and other arboreal illnesses. Orange juice drinkers may pay as much as$2.30 ed if consumers switch to other juices or juice blends. Sharpe predicted prices will jump$1 to$2 a gallon at more for a gallon of orange juice as the result of the "You're going to get to the point where people say, retail.Burt Flickinger III,managing director of the broad swath that Irma cut through Florida's citrus 'I'm not paying$8 a gallon.I'll do a blend drink,'"said Strategic Resource Group,a retailand consumer goods crop. Kevin Sharpe,owner of Basic Commodities,acommod- consultancy,is forecasting$2.30—a pinch that shop- Just how high OJ prices rise depends on whether ity brokerage firm in Winter Park pers will face for a long while. -Grants-Tree-A'"i ;, ( f Teen charged with stealing REMG a;UMW rT MST ME Trfinfliniffi MO MINA deputy uncle's patrol car � � �:= �4• i m)ol I ASSOCIATED PRESS "I don't think this man realized 7 k At - OCALA-A Florida teen who wanted to int- the danger he put himself in by (a60)1,7511-5577'- • press his girlfriend stole his uncle's deputy uni- [ form,gun and patrol car,picked up a friend, trying to impersonate a deputy -- pulled over a speeder and called in another po- sael!brain lice agency over a convenience store disturb- sheriff.Our deputies undergo Lima was ance,authorities said. i arrested on Isael Ibrain Lima,18,broke into his uncle's extensive,ongoing training to be DEA r$ Monday locked bedroom while he was away for a few �d��'ddd"''OO°° after he days and went on to impersonate him,a Marion able to do their job safely. I �ERKS —I stole his County Sheriff's Office news release said.Lima A �/O O uncle's later admitted he did it to impress his girlfriend. Ensuring public safety and trust 1 ` I deputy Deputy Yoandy Miranda returned from his uniform,gun trip Sunday andnoticed that his locked bedroom are our priorities and this is why I YOUR ENTIRE BILL: and patrol had been broken into and someone had been in I DINE-IN OR TAKE-OUT car in Ocala, his patrol car.He reported this to Sgt Bobby Le- we take this type of crime so I Valk atter 5pm thru Friday Sept.29,2017 aethorities vay,who realized he had met a"Deputy Miran- Maples or Ramo Island said. da"the day before when Lima,in his uncle's uni- seriously." I y.•est nlar„e,isen ntr.en*,Can noes,,s, . sr,,ber Aseou.I form,reported a convenience store disturb- I Michelbob's Naples(Dine-in or Takeout 239.643-2877)or I ance. CHIEF DEPUTY ROBERT DOUGLAS Marco Island(Takeout Only 239-394-0302) Also responding to that call was an officer www.michelbobs.com with the Belleview Police Department.Miranda . , and investigators reviewed that officer's body news release."Our deputies undergo extensive, camera video and identified Lima,who had in- ongoing training to be able to do their job safely. L Employee Leasing and/or troduced himself to Levay as an off-duty Depu- Ensuring public safety and trust are our priori- ty Miranda. ties and this is why we take this type of crime so The Ocala Star-Banner first reported that Li- seriously." Payroll Processing ma,who lives with his uncle,later admitted to Lima is charged with grand theft of a motor detectives that he put on the uniform,including vehicle,grand theft of a firearm,openly carry- Miranda's handgun and other equipment,and Ing prohibited weapon,theft of law enforce- 30 years experience drove to his girlfriend's house to impress her, meet equipment from an emergency vehicle, First Come;First Serve according to police reports.He also picked up a burglary of a conveyance,armed burglary of a friend who recorded him pulling over a speed- dwelling,impersonating a law enforcement of- Located in Naples ing driver and issuing a warning.Detectives lat- ficial and giving a false name to a law enforce- er lI obtained the video. g meat officer. being Call 239-919-3878;M-F,8:30-4:30 "I dont think this man realized the danger he Lima was arrested Mondayand was put himself in by trying to impersonate a deputy held at the Marion County jail on$33,000 bail. Ask for Starr sheriff,"Chief Deputy Robert Douglas said in a Jail records didn't list an attorney. — " NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Notice is hereby given that a public hearing will be held by the Cosier County Examiner(HEX)at 10:00 A.M.,October 12th,2017,in the Hearing Examiner's Hearing Examiner(HE)Q at 10:00 A.M.,October 12th,2017,in the Hearing Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104, Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples to consider FL 34104,to consider: PETITION NO.PDI-PL20170002630-PULTE HOME COMPANY,LLC REQUESTS PETITION NO.BD-PL20170000565-JILL GAYNOR REQUESTS A 56-FOOT • AN INSUBSTANTIAL CHANGE TO THE BUCKLEY MPUD,ORDINANCE NO.14- BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET ALLOWED BY 24,AS AMENDED,TO REDUCE THE MINIMUM LOT AREA AND MINIMUM LOT SECTION 5.03.06 OF THE LAND DEVELOPMENT CODE,FOR A TOTAL WIDTH FOR SINGLE FAMILY DETACHED DWELLING UNITS.THE SUBJECT PROTRUSION OF 76 FEET,FOR A BOAT DOCK FACILITY LOCATED AT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION 75 PELICAN STREET W,ON THE NORTH SIDE OF PELICAN STREET W. OF AIRPORT-PULLING ROAD AND ORANGE BLOSSOM DRIVE,IN SECTION 2, APPROXIMATELY ONE THIRD MILE WEST OF CAPRI BOULEVARD,IN TOWNSHIP 49 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FL,CONSISTING SECTION 31,TOWNSHIP 51 SOUTH,RANGE 26 EAST,COLLIER COUNTY, OF 21,7=ACRES- FLORIDA. \ I r DAPrtatvo VANDERBILBEACH RD 0000000 OoocoT]0 r a (...__Li A °� if -c A0 rrUCrt LL C wa I— 8, cn C O r Z r > 0 J Z "-1 t7 "+' Z CC CC +V All interested parties are invited to appear and be heard. All materials used in All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the ' presentation before the Hearing Examiner will become a permanent part of the record. record. Copies of stall report are available one week prior to the hearing. The file can be I Copies of staff report are available one week prior to the hearing.The file can be reviewed at the Collier County Growth Management Department,Zoning Division, reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. ' Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person The Hearing Examiner's decision becomes final on the date rendered.If a person decides to appeal any decision made by the Collier County Hearing Examiner with decides to appeal any decision made by the Collier County Hearing Examiner respect to any matter considered at such meeting or hearing,he will need a record of with respect to any matter considered at such meeting or hearing,he will need that proceeding,and for such purpose he may need to ensure that a verbatim record a record of that proceeding,and for such purpose he may need to ensure that a of the proceedings is made,which record includes the testimony and evidence upon verbatim record of the proceedings is made,which record includes the testimony which the appeal is to be based. 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 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 participate in this proceeding,you are entitled,at no cost to you,to the provision of of certain assistance. Please contact the Collier County Facilities Management certain assistance.Please contact the Collier County Facilities Management Division Division located at 3335 Tamiami Trail East,Suite#101,Naples,Florida 34112- located at 3335 Tartuanu Trail East,Suite#101,Naples,Florida 34112-5356,(239) 5356,(239)252-8380,at least two days prior to the meeting. 252-8380,at least two days prior to the meeting. Mark Strain, Mark Strain, Chief Hearing Examiner Chief Hearing Examiner Collier County,Florida Collier County,Florida September 27,2017 ND-1763523 September 27.2017 ND-1763538 PbI-PL20170002630 10/12/17 Buckley MPU0 Teresa L. Cannon From: VelascoJessica <JessicaVelasco@colliergov.net> Sent: Thursday, September 21, 2017 5:23 PM To: Minutes and Records Cc: Ann P.Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; PageErin; Neet, Virginia; Rodriguez, Wanda; Smith, Camden; FinnTimothy Subject: HEX Advertisement Request PL20170002630 Attachments: Signed Ad Request.pdf; 2 x 3 Ad Map.pdf;Ad Request..docx Importance: High Good Afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, artea Vdano Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 iessicavelasco@colliergov.net 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. September 21, 2017 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on September 25th, 2017, and furnish proof of publication to the attention of Timothy Finn, Principal Planner in the Growth Management Department, Zoning Division. Zoning Services Section, 2800 North Horseshoe Drive. Naples, Florida 34104. The advertisement must be a 1/4 page advertisement. and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500176563 Account Number: 076397 Authoriz Designee signature for HEX Advertising PL20170002630 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 10:00 A.M., October 12th,2017, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: PETITION NO. PDI-PL20170002630 — PULTE HOME COMPANY, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO THE BUCKLEY MPUD, ORDINANCE NO. 14-24,AS AMENDED, TO REDUCE THE MINIMUM LOT AREA AND MINIMUM LOT WIDTH FOR SINGLE FAMILY DETACHED DWELLING UNITS.THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF AIRPORT-PULLING ROAD AND ORANGE BLOSSOM DRIVE, IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL, CONSISTING OF 21.71 ACRES. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida 11S11Jam . =,,..„,:._,,,C18 NOISSNIAIl Mu 110 ,44 r 5t,zicted, Ji ►� .�iI � s� • ' i ,.:r ' _in■ o0 , • AIRPORT PULLING RD N, •II rilie-Ir 1 ..„,m, MI ' ,,,,... 1g1 4 g ..r i �� Z :.> a sib' = fi , . ps l" may ._.W.,.m_� E �� U�Iii7 q��i...ill! .0 - ^ Teresa L. Cannon From: Teresa L. Cannon on behalf of Minutes and Records Sent: Friday, September 22, 2017 7:51 AM To: 'VelascoJessica' Subject: RE: HEX Advertisement Request PL20170002630 Thank you, I will forward the proof as soon as I receive it. From:VelascoJessica [mailto:JessicaVelasco@colliergov.net] Sent:Thursday, September 21, 2017 5:23 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; Bellows, Ray<RayBellows@colliergov.net>; Bosi, Michael <MichaelBosi@colliergov.net>; Kendall, Marcia <MarciaKendall@colliergov.net>; PageErin <ErinPage@colliergov.net>; Neet,Virginia<VirginiaNeet@colliergov.net>; Rodriguez, Wanda <WandaRodriguez@colliergov.net>; Smith, Camden <CamdenSmith@colliergov.net>; FinnTimothy<TimothyFinn@colliergov.net> Subject: HEX Advertisement Request PL20170002630 Importance: High Good Afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, l/ertida Velma° Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 iessicavelasco@colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Teresa L. Cannon From: RodriguezWanda <WandaRodriguez@colliergov.net> Sent: Friday, September 22, 2017 9:12 AM To: Minutes and Records; Teresa L. Cannon; VelascoJessica; FinnTimothy Cc: Bellows, Ray; Bosi, Michael; Smith, Camden;Ashton, Heidi; Stone, Scott Subject: re: HEX Advertisement Request PL20170002630 - Buckley PDI Attachments: Signed Ad Request.pdf; 2 x 3 Ad Map.pdf;Ad Request..docx Importance: High Teresa, Per our discussion —the title and map are correct; the start time of 10:00 am is correct, for this meeting only. However, the deadline has been missed to run this ad on Monday 9/25. Please change the ad run date to Wednesday, 9/27, and process as a rush, pending confirmation from staff. Jessica, As you know, this ad should have run in today's paper. Presumably the request was not timely submitted due to Hurricane Irma. Teresa states that the soonest the ad could run is Wednesday, and that all final approvals will have to reach her by noon Tuesday in order for it to run at all. Please confirm that this is acceptable to the planner and applicant. In the future, please consult with our office ahead of time before submitting an ad request that deviates from the normal procedures. Tim, In light of the recent hurricane, please confirm that this petitioner still wants this petition to be heard on 10/12, before they incur the expense of running this ad, and forward confirmation to me and to the Clerk's office. They will also need to be available to provide a rush approval of the ad proof. Thank you, -Wanda Rodriguez, .ACP .Advanced Certified ParaCegal Office of the County Attorney (239)252-8400 From:VelascoJessica Sent:Thursday, September 21, 2017 5:23 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; BellowsRay<RayBellows@colliergov.net>; BosiMichael <MichaelBosi@colliergov.net>; KendallMarcia <MarciaKendall@colliergov.net>; PageErin <ErinPage@colliergov.net>; NeetVirginia <VirginiaNeet@colliergov.net>; RodriguezWanda <WandaRodriguez@colliergov.net>; SmithCamden 1 Teresa L. Cannon From: FinnTimothy <TimothyFinn@colliergov.net> Sent: Friday, September 22, 2017 9:34 AM To: Rodriguez, Wanda; Minutes and Records;Teresa L. Cannon; VelascoJessica Cc: Bellows, Ray; Bosi, Michael; Smith, Camden; Ashton, Heidi; Stone, Scott Subject: RE: HEX Advertisement Request PL20170002630 - Buckley PDI Yes they are confirmed for the 10-12 HEX Timothy Finn, AICP, Principal Planner Zoning Division- Zoning Services Section Growth Management Department Telephone: 239.252.4312; Fax: 239.252.6350 Cv er Co1.saty From: RodriguezWanda Sent: Friday, September 22, 2017 9:12 AM To: Minutes and Records<MinutesandRecords@collierclerk.com>;Teresa L. Cannon <Teresa.Cannon@collierclerk.com>; VelascoJessica <JessicaVelasco@colliergov.net>; FinnTimothy <TimothyFinn@colliergov.net> Cc: BellowsRay<RayBellows@colliergov.net>; BosiMichael <MichaelBosi@colliergov.net>; SmithCamden <CamdenSmith@colliergov.net>; AshtonHeidi <HeidiAshton@colliergov.net>; StoneScott<ScottStone@colliergov.net> Subject: re: HEX Advertisement Request PL20170002630- Buckley PDI Importance: High Teresa, Per our discussion — the title and map are correct; the start time of 10:00 am is correct, for this meeting only. However, the deadline has been missed to run this ad on Monday 9/25. Please change the ad run date to Wednesday, 9/27, and process as a rush, pending confirmation from staff. Jessica, As you know, this ad should have run in today's paper. Presumably the request was not timely submitted due to Hurricane Irma. Teresa states that the soonest the ad could run is Wednesday, and that all final approvals will have to reach her by noon Tuesday in order for it to run at all. Please confirm that this is acceptable to the planner and applicant. In the future, please consult with our office ahead of time before submitting an ad request that deviates from the normal procedures. Tim, In light of the recent hurricane, please confirm that this petitioner still wants this petition to be heard on 10/12, before they incur the expense of running this ad, and forward confirmation to me and to the Clerk's office. They will also need to be available to provide a rush approval of the ad proof. 1 Teresa L. Cannon From: RodriguezWanda <WandaRodriguez@colliergov.net> Sent: Friday, September 22, 2017 9:36 AM To: FinnTimothy Cc: Bellows, Ray; Bosi, Michael; Stone, Scott; Teresa L. Cannon; Minutes and Records Subject: RE: HEX Advertisement Request PL20170002630 - Buckley PDI Thank you Tim. Wanda Rodriguez, .ACP Advanced Certified Paralegal Office of the County.Attorney (239)252-8400 From: FinnTimothy Sent: Friday, September 22, 2017 9:34 AM To: RodriguezWanda <WandaRodriguez@colliergov.net>; Minutes and Records <MinutesandRecords@collierclerk.com>;Teresa L. Cannon <Teresa.Cannon@collierclerk.com>; VelascoJessica <JessicaVelasco@colliergov.net> Cc: BellowsRay<RayBellows@colliergov.net>; BosiMichael <MichaelBosi@colliergov.net>; SmithCamden <CamdenSmith@colliergov.net>; AshtonHeidi<HeidiAshton@colliergov.net>; StoneScott<ScottStone@colliergov.net> Subject: RE: HEX Advertisement Request PL20170002630- Buckley PDI Yes they are confirmed for the 10-12 HEX Timothy Finn, AICP, Principal Planner Zoning Division -Zoning Services Section Growth Management Department Telephone:239.252.4312; Fax: 239.252.6350 C,offfer County From: RodriguezWanda Sent: Friday, September 22, 2017 9:12 AM To: Minutes and Records<MinutesandRecords@collierclerk.com>;Teresa L. Cannon <Teresa.Cannon@collierclerk.com>;VelascoJessica <JessicaVelasco@colliergov.net>; FinnTimothy <TimothyFinn@colliergov.net> Cc: BellowsRay<RayBellows@colliergov.net>; BosiMichael <MichaelBosi@colliergov.net>;SmithCamden <CamdenSmith@colliergov.net>; AshtonHeidi<HeidiAshton@colliergov.net>; StoneScott<ScottStone@colliergov.net> Subject: re: HEX Advertisement Request PL20170002630- Buckley PDI Importance: High Teresa, 1 Teresa L. Cannon From: BosiMichael <MichaelBosi@colliergov.net> Sent: Friday, September 22, 2017 9:48 AM To: Rodriguez,Wanda; Bellows, Ray; Teresa L. Cannon Cc: Stone, Scott;VelascoJessica; Smith, Camden; FinnTimothy Subject: RE: HEX Advertisement Request PL20170000565 Wanda the applicant for the Buckley PDI has confirmed the date with staff as well. Thanks again, mike From: RodriguezWanda Sent: Friday, September 22, 2017 9:28 AM To: BellowsRay<RayBellows@colliergov.net>; BosiMichael <MichaelBosi@colliergov.net>;Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Cc: StoneScott<ScottStone@colliergov.net>; Velascolessica <JessicaVelasco@colliergov.net> Subject: RE: HEX Advertisement Request PL20170000565 Mike and Ray, thank you! Teresa, see below. 'Wanda Rodriguez, .ACP .Advanced Certified Para1egaf Office of the County.Attorney (239)252-8400 From: BellowsRay Sent: Friday, September 22, 2017 9:23 AM To: RodriguezWanda <WandaRodriguez@colliergov.net>; BosiMichael <MichaelBosi@colliergov.net> Cc:StoneScott<ScottStone@colliergov.net> Subject: RE: HEX Advertisement Request PL20170000565 Mike and I just called Jeff Rogers and he confirmed that this petition can be heard on the 10/12 HEX meeting. Thanks ,Racy Raymond V. Bellows, Zoning Manager Zoning Division- Zoning Services Section Growth Management Department—Planning & Regulation Telephone: 239.252.2463; Fax: 239.252.6350 Colter Co vity 1 Acct #076397 September 22, 2017 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PDI-PL20170002630 — Buckley MPUD (Display Ad) Dear Legals: Please advertise the above referenced Display Ad w/Map on Wednesday, September 27, 2017 and send the Affidavit of Publication, in triplicate, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500176563 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on September 27th, 2017 and furnish proof of publication to the attention of Minutes & Records Department, 3299 Tamiami Trail, Suite #401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500176563 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 10:00 A.M., October 12th, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: PETITION NO. PDI-PL20170002630 — PULTE HOME COMPANY, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO THE BUCKLEY MPUD, ORDINANCE NO. 14-24,AS AMENDED, TO REDUCE THE MINIMUM LOT AREA AND MINIMUM LOT WIDTH FOR SINGLE FAMILY DETACHED DWELLING UNITS. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF AIRPORT-PULLING ROAD AND ORANGE BLOSSOM DRIVE, IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FL, CONSISTING OF 21.7±ACRES. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite #101, Naples, Florida 34112-5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida it 1 �! -== MM.. DU NOISONINI V.1,,^411101) /A '�G« ro, ;,w: MO AIRPORT PULLING RD N„ Ili Illeo,,v..-- -1 id 1 �e"a ��nn ..., 1 ,„„,.,„„,.. ,,,:,,,„ ,r� me I retil il tt O tAI . E .A g V f I U' V♦ � i I��1 at d O ♦ '. .. ♦^vi Teresa L. Cannon From: Teresa L. Cannon Sent: Friday, September 22, 2017 9:43 AM To: Naples Daily News Legals Subject: PDI-PL20170002630 - Buckley MPUD Attachments: PDI-PL20170002630 (HEX 10-12-17).doc; PDI-PL20170002630 (HEX 10-12-17).doc; PDI- PL20170002630 (HEX 10-12-17).pdf Legals, Please advertise the attached Display Ad w/Map on Wednesday,September 27,2017.Thanks Teresa Cannon, BMR Senior Clerk Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.CannonC collierclerk.corn 1 Teresa L. Cannon From: NDN-Legals <legals@naplesnews.com> Sent: Friday, September 22, 2017 12:56 PM To: Teresa L. Cannon Subject: FW: Display Ad #1763523 Running 9/27 Attachments: ND-1763523.pdf Buckley ad for approval. Once I have your approval, I can release for publication. AD: 1763523 Cost: 932.40 Thank you, Mereida Cardenas Legal Advertising Specialist :laplrt.zil11 11111 I " r`w "c'' legals@NaplesNews.com NaplesNews.com From: Matthews, Victoria Sent: Friday, September 22, 2017 12:05 PM To:Cardenas, Mereida Cc: NDN-Legals Subject: RE: Display Ad#1763523 Running 9/27 Proof attached for approval.Thanks! Victoria Matthews Sales Coordinator Naples alai;5eitis 410A# % & media group From: Cardenas, Mereida Sent: Friday, September 22, 2017 11:06 AM To: Matthews,Victoria <Victoria.Matthews@naplesnews.com> Subject: RE: Display Ad#1763523 Running 9/27 Hi Victoria, The first page is info for us,the second and third pages are the ad, and they want the map inserted in the middle of the document. Thank you, Mereida Cardenas Legal Advertising Specialist *1.pic:ratil'11e. wnsw legals@NaplesNews.com NaplesNews.com 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 10:00 A.M., October 12th, 2017, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: PETITION NO. PDI-PL20170002630—PULTE HOME COMPANY, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO THE BUCKLEY MPUD, ORDINANCE NO. 14- 24, AS AMENDED, TO REDUCE THE MINIMUM LOT AREA AND MINIMUM LOT WIDTH FOR SINGLE FAMILY DETACHED DWELLING UNITS. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF AIRPORT-PULLING ROAD AND ORANGE BLOSSOM DRIVE, IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL, CONSISTING OF 21.7±ACRES. VANDERBILT BEACH RD PROJECT LIATI0N v 1. p Z p r Z � G7 " Z All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite #101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida September 27,2017 ND-1763523 0 PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT:9/22/2017 12:02 PM SALES PERSON: Ivonne Gori PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:09/27/17 ND-1763523.INDD SIZE:3 col X 9.25 in Teresa L. Cannon From: Teresa L. Cannon Sent: Friday, September 22, 2017 12:58 PM To: Rodriguez, Wanda; Smith, Camden; 'VelascoJessica'; 'timothyfinn@colliergov.net' Subject: FW: Display Ad #1763523 Running 9/27 Attachments: ND-1763523.pdf Please review From: NDN-Legals [mailto:legals@naplesnews.com] Sent: Friday, September 22, 2017 12:56 PM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Subject: FW: Display Ad #1763523 Running 9/27 Buckley ad for approval. Once I have your approval, I can release for publication. AD: 1763523 Cost: 932.40 Thank you, Mereida Cardenas Legal Advertising Specialist 'Naptr• Oak!Nctui=,i I Oat= legals(a,NaplesNews.com NaplesNews.com From: Matthews,Victoria Sent: Friday, September 22, 2017 12:05 PM To: Cardenas, Mereida Cc: NDN-Legals Subject: RE: Display Ad#1763523 Running 9/27 Proof attached for approval.Thanks! Victoria Matthews Sales Coordinator • isauE40USATODA� v m d ia group From: Cardenas, Mereida Sent: Friday, September 22, 2017 11:06 AM To: Matthews,Victoria<Victoria.Matthews@naplesnews.com> Subject: RE: Display Ad#1763523 Running 9/27 Hi Victoria, The first page is info for us,the second and third pages are the ad, and they want the map inserted in the middle of the document. Teresa L. Cannon From: VelascoJessica <JessicaVelasco@colliergov.net> Sent: Friday, September 22, 2017 1:57 PM To: Minutes and Records Cc: Teresa L. Cannon; Rodriguez, Wanda; Smith, Camden Subject: FW: Display Ad #1763523 Running 9/27 Attachments: RE: Display Ad #1763523 Running 9/27 Hello, Below you will find the agents approval, and attached is the planners approval for this ad. Respectfully, CTc88iaa /moo Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 iessicavelasco@colliergov.net 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. From: Lindsay Robin [mailto:Lindsay.Robin@waldropengineering.com] Sent: Friday, September 22, 2017 1:36 PM To:VelascoJessica <JessicaVelasco@colliergov.net> Cc:SmithCamden <CamdenSmith@colliergov.net>; FinnTimothy<TimothyFinn@colliergov.net>;Alexis Crespo <Alexis.Crespo@waldropengineering.com> Subject: RE: Display Ad#1763523 Running 9/27 Good to know. Looks fine to me.Thanks! Lindsay F. Robin, MPA Project Planner 10S1 WAEDROP ENGINEERING CIVIL ENGINEERING I PLANNING I LANDSCAPE ARCHITECTURE Direct: E: lindsay.robin@waldropengineering.com Office: P: (239)405-7777 I F: (239) 405-7899 www.waldropengineering.com 1 NOTICE: Upon receipt of any electronic file/data from Waldrop Engineering, P.A.,you are agreeing to the following: This file/data is for informational purposes only. It is the responsibility of the recipient to reconcile this electronic file/data with the actual project site conditions. Recipient agrees to indemnify and hold harmless Waldrop Engineering, P.A.for any defects or errors in this file/data From:VelascoJessica [mailto:JessicaVelasco@colliergov.net] Sent: Friday, September 22, 2017 1:30 PM To: Lindsay Robin <Lindsay.Robin(c@waldropengineering.com> Cc:SmithCamden <CamdenSmith@colliergov.net>; FinnTimothy<TimothyFinn@colliergov.net> Subject: RE: Display Ad#1763523 Running 9/27 Hi Lindsay, This particular meeting starts at 10:00AM. Respectfully, get,ea Khoo Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 iessicavelasco@colliergov.net 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. From: Lindsay Robin [mailto:Lindsay.Robin@waldropengineering.com] Sent: Friday, September 22, 2017 1:30 PM To:VelascoJessica <JessicaVelasco@colliergov.net> Cc:SmithCamden <CamdenSmith@colliergov.net>; FinnTimothy<TimothyFinn@colliergov.net> Subject: RE: Display Ad#1763523 Running 9/27 Is the HEX at 10am or 9am? Never seen it start at 10.Just want to make sure our signs are correct.Thanks Lindsay F. Robin, MPA Project Planner WALDROP ENGINEERING CIVIL ENGINEERING I PLANNING I LANDSCAPE ARCHITECTURE Direct: E: lindsay.robin@waldropengineering.com Office: P: (239)405-7777 I F: (239)405-7899 2 www.waldropengineering.com NOTICE: Upon receipt of any electronic file/data from Waldrop Engineering, P.A.,you are agreeing to the following: This file/data is for informational purposes only. It is the responsibility of the recipient to reconcile this electronic file/data with the actual project site conditions. Recipient agrees to indemnify and hold harmless Waldrop Engineering, P.A.for any defects or errors in this file/data From:VelascoJessica [mailto:JessicaVelasco@colliergov.net] Sent: Friday, September 22, 2017 1:12 PM To: Lindsay Robin<Lindsay.Robin@waldropengineering.com> Cc:SmithCamden <CamdenSmith@colliergov.net>; FinnTimothy<TimothyFinn@colliergov.net> Subject: FW: Display Ad#1763523 Running 9/27 Importance: High Good Afternoon Lindsay, Attached you will find the Naples Daily News Ad Proof for PL20170002630(Buckley PDI). Please review and send your approval in writing via email.This Ad is set to run on 9/27 for the 10/12 HEX hearing. If you'd like to make any changes to the title, please send in your proposed language. If you have any questions, please let us know. Respectfully, geeka (6hhsoo Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 jessicavelasco@colliergov.net 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. From:Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Friday, September 22, 2017 12:58 PM To: RodriguezWanda <WandaRodriguez@colliergov.net>; SmithCamden <CamdenSmith@colliergov.net>;VelascoJessica <JessicaVelasco@colliergov.net>; FinnTimothy<TimothyFinn@colliergov.net> Subject: FW: Display Ad#1763523 Running 9/27 Please review From: NDN-Legals [mailto:legals@naplesnews.com] Sent: Friday, September 22, 2017 12:56 PM 3 Teresa L. Cannon From: RodriguezWanda <WandaRodriguez@colliergov.net> Sent: Friday, September 22, 2017 2:03 PM To: Minutes and Records Cc: VelascoJessica; Smith, Camden; FinnTimothy; Stone, Scott Subject: FW: Display Ad #1763523 Running 9/27 - Buckley PDI Attachments: RE: Display Ad #1763523 Running 9/27; ND-1763523.pdf This ad is good to go. Thank you, -Wanda Rodriguez, ACT Advanced Certified ParadegaC Office of the County Attorney (239)252-8400 From:VelascoJessica Sent: Friday, September 22, 2017 1:57 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Teresa L. Cannon <Teresa.Cannon@collierclerk.com>; RodriguezWanda <WandaRodriguez@colliergov.net>; SmithCamden <CamdenSmith@colliergov.net> Subject: FW: Display Ad #1763523 Running 9/27 Hello, Below you will find the agents approval, and attached is the planners approval for this ad. Respectfully, Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 jessicavelasco@colliergov.net 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. From: Lindsay Robin [mailto:Lindsay.Robin@waldropengineering.com] Sent: Friday, September 22, 2017 1:36 PM To:VelascoJessica <JessicaVelasco@colliergov.net> 1 Teresa L. Cannon From: Teresa L. Cannon Sent: Friday, September 22, 2017 2:10 PM To: Naples Daily News Legals Subject: RE: Display Ad #1763523 Running 9/27 Legals, Ad looks good,OK to run.Thanks From: NDN-Legals [mailto:legals@naplesnews.com] Sent: Friday, September 22, 2017 12:56 PM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Subject: FW: Display Ad #1763523 Running 9/27 Buckley ad for approval. Once I have your approval, I can release for publication. AD: 1763523 Cost: 932.40 Thank you, Mereida Cardenas Legal Advertising Specialist laplctt:BBalloi 1cnt I Ili' legals(a)NaplesNews.com NaplesNews.com From: Matthews,Victoria Sent: Friday, September 22, 2017 12:05 PM To: Cardenas, Mereida Cc: NDN-Legals Subject: RE: Display Ad#1763523 Running 9/27 Proof attached for approval.Thanks! Victoria Matthews Sales Coordinator Naples aait 'earseNuserwoRicraDAY migay 1r grl up From: Cardenas, Mereida Sent: Friday, September 22, 2017 11:06 AM To: Matthews, Victoria <Victoria.Matthews@naplesnews.com> Subject: RE: Display Ad #1763523 Running 9/27 Hi Victoria, The first page is info for us,the second and third pages are the ad, and they want the map inserted in the middle of the document. 1 Naples Daily News Wednesday,September 27,2017 19A NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 10:00 A.M., October 12th, 2017, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: PETITION NO. PDI-PL20170002630—PULTE HOME COMPANY, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO THE BUCKLEY MPUD, ORDINANCE NO. 14- 24, AS AMENDED, TO REDUCE THE MINIMUM LOT AREA AND MINIMUM LOT WIDTH FOR SINGLE FAMILY DETACHED DWELLING UNITS. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF AIRPORT-PULLING ROAD AND ORANGE BLOSSOM DRIVE, IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL, CONSISTING OF 21.7±ACRES. VANDERBILT BEACH RD PROJECT r;;":„ LOCATION � Y p 5•:a"� L N i Y ^ c 5 �a # € N w+, E M � All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite #101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida September 27,2017 ND-1763523 Martha S. Vergara From: Terri Lewis <tlewis.uslegal@gmail.com> Sent: Tuesday, October 17, 2017 7:18 AM To: Minutes and Records Subject: Fwd: FW: Collier County HEX on Oct 12 Attachments: FABRIZI DOCK CNTY.PDF Forwarded message From: Jaime Jordan <jjordan@uslegalsupport.com> Date: Tue, Oct 17, 2017 at 6:42 AM Subject: FW: Collier County HEX on Oct 12 To: Terri Lewis <tlewis.uslegal@gmail.com> Here's an attachment from Eric Johnson. I will have the rest of the documents to you this week when I come in for my meetings. Have a great week, girls :) Terri From: JohnsonEric [mailto:EricJohnson@colliergov.net] Sent: Monday, October 16, 2017 4:43 PM To: NaplesReporter <naplesreporter@uslegalsupport.com> Subject: Collier County HEX on Oct 12 Hi, Terri. With respect to Item B on last week's agenda, did Jeff Rogers give you a drawing labeled "Navigable Waterway?" It is probably identical to page 10 of 10 in the attached. Let me know if he gave you a copy. Thanks! Respectfully, 1 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 troot , 62 Fk.7.LEE Under Florida Law, e-mail addresses are public records. If you do not want your e-mall 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. Terri L. Lewis - Court Reporter U.S. Legal Support 2650 Airport Road South, Suite A Naples, Florida 34112 Office: 239-774-4414 I www.uslegalsuOQort.com ONLINE BILL PAY:www.uslegaisupport.com/pnline-bill:pgy 2 ei Virus-free. www.avast.com 3 STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPSUBJECTPROPERTYSUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 26° 19' 45.904"<> LONGITUDE:W 81° 50' 27.504"SITE ADDRESS:<> 181 TOPANGA DRBONITA SPRINGS, FL 34134Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1104.1-fabrizi 181 topanga\CAD\PERMIT-COUNTY\1104 FABRIZI CNTY.dwg LOCATION 8/31/2017THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ03-16-171104.1RMJ0625FABRIZI DOCKLOCATION MAP48RMJRMJRMJ-05-08-1706-28-1708-28-1708-31-17-JRJRJRJR-REVISED PER NEW SURVEYPROPERTY LABELSHEETS 7 & 10SHEETS 8 & 10-01 OF 10COLLIER COUNTYCOLLIER COUNTY)7.(1(/':+%1)7.(1(/':+%18588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLESNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.<>ALL DOCK FACILITIES, REGARDLESS OF LENGTH AND/ORPROTRUSION SHALL HAVE REFLECTORS AND HOUSE NUMBERSNO LESS THAN FOUR (4) INCHES IN HEIGHT, INSTALLED AT THEOUTERMOST END ON BOTH SIDES. NESW0204080SCALE IN FEETSITE ADDRESS:,181 TOPANGA DRBONITA SPRINGSFL34134Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1104.1-fabrizi 181 topanga\CAD\PERMIT-COUNTY\1104 FABRIZI CNTY.dwg EX AERIAL (LOT) 8/31/2017THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ12-09-161104.1RMJ0625FABRIZI DOCKEXISTING AERIAL WITH LOT DIMENSIONS48RMJ---05-08-1706-28-17---JRJR---REVISED PER NEW SURVEYPROPERTY LABEL---02 OF 10·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.·ALL DATUM SHOWN HEREON IS REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MLW (NAVD)=··MHW (NAVD)=NOTES:"DAGOSTINO & WOOD, INC"04/28/2017-0.59'+0.0'101.450112RIPARIAN LINE136.87 50.16'22.53155 . 3 7 91.53CONSERVATIONEASEMENTPROPERTYLINE & MHWL -2.15-2.69-3.08-3.76-4.26-5.05-6.09-6.78-7.25-8.05-8.44-8.49-8.81-2.09-2.47-3.78-4.57-5.53-6.95-7.54-7.98-8.73-8.71-2.31-3.04-4.27-5.47-5.43-7.96-8.04-8.27-9.35-2.30-3.13-4.45-5.57-5.49-8.51-8.89-9.11-2.06-3.24-4.97-7.36-7.88-8.64-8.80-2.44-3.39-4.92-6.93-8.48-8.82-9.25-2.52-3.12-4.70-4.01-7.96-8.75-8.80-9.01-9.17-2.76-3.80-5.71-8.86-8.40-9.27-9.38-3.32-5.06-6.12-8.38-9.35-9.28-9.46-3.07-5.14-5.99-7.70-8.99-9.32-9.17-9.47-8.88NESW0102040SCALE IN FEETSITE ADDRESS:,181 TOPANGA DRBONITA SPRINGSFL34134Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1104.1-fabrizi 181 topanga\CAD\PERMIT-COUNTY\1104 FABRIZI CNTY.dwg EX AERIAL 8/31/2017THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ03-16-171104.1RMJ0625FABRIZI DOCKEXISTING AERIAL WITH DEPTHS48RMJ---05-08-1706-28-17---JRJR---REVISED PER NEW SURVEYPROPERTY LABEL---03 OF 10·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.·ALL DATUM SHOWN HEREON IS REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MLW (NAVD)=··MHW (NAVD)=NOTES:"DAGOSTINO & WOOD, INC"04/28/2017-0.59'+0.0'101.450112RIPARIAN LINERIPARIAN LINECONSERVATIONEASEMENTPROPERTYLINE & MHWLEXISTINGVEGETATION LINE -2.15-2.69-3.08-3.76-4.26-5.05-6.09-6.78-7.25-8.05-8.44-8.49-8.81-2.09-2.47-3.78-4.57-5.53-6.95-7.54-7.98-8.73-8.71-2.31-3.04-4.27-5.47-5.43-7.96-8.04-8.27-9.35-2.30-3.13-4.45-5.57-5.49-8.51-8.89-9.11-2.06-3.24-4.97-7.36-7.88-8.64-8.80-2.44-3.39-4.92-6.93-8.48-8.82-9.25-2.52-3.12-4.70-4.01-7.96-8.75-8.80-9.01-9.17-2.76-3.80-5.71-8.86-8.40-9.27-9.38-3.32-5.06-6.12-8.38-9.35-9.28-9.46-3.07-5.14-5.99-7.70-8.99-9.32-9.17-9.47-8.88p:\1104.1-fabrizi 181 topanga\CAD\PERMIT-COUNTY\1104 FABRIZI CNTY.dwg 8/31/2017NESW0102040SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1104.1-fabrizi 181 topanga\CAD\PERMIT-COUNTY\1104 FABRIZI CNTY.dwg PROP AERIAL 8/31/2017THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ03-16-171104.1RMJ0625FABRIZI DOCKPROPOSED AERIAL48RMJ---05-08-1706-28-17---JRJR---REVISED PER NEW SURVEYPROPERTY LABEL---04 OF 10CONSERVATIONEASEMENTRIPARIAN LINERIPARIAN LINERIPARIAN LINESETBACKPROPOSED FIXED DOCKPROPOSED 20KBOAT LIFT25'SETBACK25'SETBACK·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.·ALL DATUM SHOWN HEREON IS REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MLW (NAVD)=··MHW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"DAGOSTINO & WOOD, INC"04/28/2017-0.59'+0.0'101.45011259559535RIPARIAN LINESETBACKPROPERTYLINE & MHWLEXISTINGVEGETATION LINE p:\1104.1-fabrizi 181 topanga\CAD\PERMIT-COUNTY\1104 FABRIZI CNTY.dwg 8/31/2017NESW0102040SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1104.1-fabrizi 181 topanga\CAD\PERMIT-COUNTY\1104 FABRIZI CNTY.dwg PROP LINE 8/31/2017THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ03-16-171104.1RMJ0625FABRIZI DOCKPROPOSED SITE48RMJ---05-08-1706-28-17---JRJR---REVISED PER NEW SURVEYPROPERTY LABEL---05 OF 10PROPERTYLINE & MHWL25'SETBACKPROPOSED FIXEDDOCKSPROPOSEDRAILINGPROPOSEDRAILINGCONSERVATIONEASEMENT43'4'64' 14'25'SETBACK39'4' 4'·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.·ALL DATUM SHOWN HEREON IS REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MLW (NAVD)=··MHW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"DAGOSTINO & WOOD, INC"04/28/2017-0.59'+0.0'101.4501125955953535' F R O M M H W L & PRO P E R T Y L I N E 30' p:\1104.1-fabrizi 181 topanga\CAD\PERMIT-COUNTY\1104 FABRIZI CNTY.dwg 8/31/2017NESW051020SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1104.1-fabrizi 181 topanga\CAD\PERMIT-COUNTY\1104 FABRIZI CNTY.dwg PROP TRIMMING 8/31/2017THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ03-16-171104.1RMJ0625FABRIZI DOCKPROPOSED TRIMMING48RMJ---05-08-1706-28-17---JRJR---REVISED PER NEW SURVEYPROPERTY LABEL---06 OF 1025'SETBACKPROPOSED FIXED DOCKS25'SETBACKPROPOSED MANGROVE TRIMMINGAPPROXIMATELY 115 SQ. FT.= PROPOSED MANGROVE TRIMMINGCONSERVATIONEASEMENT·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.·ALL DATUM SHOWN HEREON IS REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MLW (NAVD)=··MHW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"DAGOSTINO & WOOD, INC"04/28/2017-0.59'+0.0'101.4501125955953529'4'PROPERTYLINE & MHWLEXISTINGVEGETATION LINEPROPOSED MANGROVE TRIMMINGAPPROXIMATELY 47 SQ. FT.4'18'5' Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1104.1-fabrizi 181 topanga\CAD\PERMIT-COUNTY\1104 FABRIZI CNTY.dwg SECTION 8/31/2017THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ03-16-171104.1RMJ0625FABRIZI DOCKCROSS SECTION48RMJRMJ--05-08-1706-28-1708-28-17--JRJRJR--REVISED PER NEW SURVEYPROPERTY LABELADDED MANGROVES--07 OF 10PROPOSED FIXEDACCESS WALKWAY4'14' BOAT LIFT4'35'35' FROM PROPERTY LINE & MHWL-6'-3'-8'MHW 0.0' (NAVD '88)MLW -0.59' (NAVD '88)ALL PILES TO BE WRAPPEDFROM 6" BELOW SUBSTRATETO 12" ABOVE MHW03612SCALE IN FEETSECTION A-APROPOSED FIXED DOCK3' 3'·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.·ALL DATUM SHOWN HEREON IS REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MLW (NAVD)=··MHW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"DAGOSTINO & WOOD, INC"04/28/2017-0.59'+0.0'101.45011259559535CONSERVATIONEASEMENT LINE p:\1104.1-fabrizi 181 topanga\CAD\PERMIT-COUNTY\1104 FABRIZI CNTY.dwg 8/31/2017NESW0102040SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1104.1-fabrizi 181 topanga\CAD\PERMIT-COUNTY\1104 FABRIZI CNTY.dwg SUBMERGED 8/31/2017THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ03-16-171104.1RMJ0625FABRIZI DOCKSUBMERGED RESOURCE SURVEY48RMJ---06-28-1708-31-17---JRJR---PROPERTY LABELADDED NOTE---08 OF 10CONSERVATIONEASEMENTOYSTER DEBRISAPPROX. 10'FROM MHWL10'·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.·ALL DATUM SHOWN HEREON IS REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MLW (NAVD)=··MHW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"DAGOSTINO & WOOD, INC"04/28/2017-0.59'+0.0'101.45011259559535SRS TRANSECTS,10' APARTPROPERTYLINE & MHWL·TRANSECTS WERE SWAM TO IDENTIFY ANDLOCATE ANY SUBMERGED RESOURCESWITHIN THE PROJECT FOOTPRINT OR WITHIN200 FEET OF THE PROJECT AREA. 40'p:\1104.1-fabrizi 181 topanga\CAD\PERMIT-COUNTY\1104 FABRIZI CNTY.dwg 8/31/2017NESW04080160SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1104.1-fabrizi 181 topanga\CAD\PERMIT-COUNTY\1104 FABRIZI CNTY.dwg ZOOMED DOCKS 8/31/2017THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ03-16-171104.1RMJ0625FABRIZI DOCKDOCKS IN CANAL DIMENSIONS48RMJ---05-08-1706-22-17---JRJR---ADDED WIDTH DIMENSIONSPROPERTY LABEL---09 OF 1035'31'34'27'2 8 ' 31' 3 1 ' 3 1 '275'12 5 '146'·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.·ALL DATUM SHOWN HEREON IS REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MLW (NAVD)=··MHW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"DAGOSTINO & WOOD, INC"04/28/2017-0.59'+0.0'101.45011259559535TOPANGA DRPROPERTYBOUNDARYRIPARIANLINESCONSERVATIONEASEMENT76'105'RIPARIANLINESPROPERTYLINE & MHWL112'PARCELSFROM CCPA P:\1104.1-Fabrizi 181 Topanga\CAD\PERMIT-COUNTY\1104 FABRIZI CNTY.dwg 10/12/2017NESW0 15 3060SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\1104.1-Fabrizi 181 Topanga\CAD\PERMIT-COUNTY\1104 FABRIZI CNTY.dwg NAV WATERWAY 10/12/2017THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JRRMJ08-28-171104.1RMJ0625FABRIZI DOCKNAVIGABLE WATERWAY48----08-31-17----JR----ADDED DIMENSION----10 OF 10RIPARIANLINESRIPARIANLINES·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.·ALL DATUM SHOWN HEREON IS REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MLW (NAVD)=··MHW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"DAGOSTINO & WOOD, INC"04/28/2017-0.59'+0.0'101.45011259559535PROPERTYLINE & MHWL78' N A V I G A B L E W A T E R W A Y 76' N A V I G A B L E W A T E R W A Y 67 ' N A V I G A B L E W A T E R W A Y apLrii 3at WEE NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples,in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 1726828 BD-PL20160003559 4500176563 Pub Dates August 25,2017 • ttaza (Sig ture of affiant) . :..,..... KAAOIEKANGAS I �, Nary Public-Spee ofFlorNe Sworn to and subscribed before me j 'fi'' Co on1GGt2604' 19,2021 This September 15,2017 i * NII oftwoorpwwwwwwirw WW1 V C C (Signature of affiant) Naples Daily Mews Friday,August 25,2017 23A President attacks GOP NOTICE OF PUBLIC HEARING leaders over debt ceiling Notice is hereby g)at that: a.M public hearing err he held 1 the Collier County Hearing Examiner(HEX)at 9:011 A.M.,September 14th,2017,in the Hearing Examiners Meeting Room,at 2004)North Horseshoe Drive,Room 609/610,Naples FL 34104,to KEN THOMAS AND CATHERINE LUCEY consider: ASSOC:AMOD NUN d rt PETITION NO,SV-PL20170001467-EQUITY PIPER NAPLES,LLC REQUESTS WASHINGTON-Fanning the flames of * A SIGN VARIANCE FROM LDC SECTION 5.06.04.E I TO ALLOW A SIGN DonaldGOP discord,President Trump ac- XSEPARATION OF 240 FEET BETWEEN TWO POLE. OR GROUND SIGNS arced Republican congressional leaders Thursday of botching efforts to avoid an '" INSTEAD OF 1000 FEET ON A SINGLE.PARCEL.THE SUBJECT PROPERTY IS unprecedented default on the national LOCATED AT THE CORNER OF PIPER BOULEVARD AND CYPRESS WAY EAST debt"Could have been so easy-now a IN SECTION 23,TOWNSHIP 48 SOUTH,RANGE 25 EAST.COLLIER COUNTY, mess!"Trump tweeted. amine r IMAGES The president's sharp words under- President Donald Trump,center,chastised FLORIDA. Pr scored the perilous state of play as Con- Senate Majority Leader Mitch McConnell,left, P11DSEeT ii k gress heads into the fall without aclearplan and louse Speaker Paul Ryan on Thursday. LOCATION to take care of its most important piece of business:If it does not increase the nation's $19.9 trillion borrowing limit,the govern- McConnell likewise said earlier in the mentcould be unable topay its bills,jarring week that there was"zero chance,no AaioeALE0 no financial markets and leading to other chance,we won't raise the debt ceiling." harsh consequences. The president's latest broadsides R Trump unleashed his latest criticism of against members of his own party carne ¥ the GOP's congressional leadership in a se- one day after the White House and McCort- ries of morning tweets that also included a nell issued statements pledging to work to- rebuke of Majority Leader Mitch McCort- gether F nett of Kentucky for his viability to get the After Thump'latest incendiary tweets, Senatetn repeal the Obama healthcare law. both sides tried again Thursday to tamp ,+, The harsh posts were fresh evidence of the down talk of escalating tensions president's fraying relations with fellow Ryan,speaking to Boeing employees in All interested parties arc invited to appear and be heard.All materials used in presentation Republicans just when the White House suburban Seattle,said he and Trump have before the Hearin Examine will become a ant of the record. and Capitol Hill most need to be working in different speaking styles,"but theyare in g permanent pan sync. "constant contact"on the policy agenda. Critiquing GOP legislative strategy, "For me it's really important the presi- Copies of staff report arc available one week prior to the hearing. The file can be Trump tweeted that he had asked McCort- dent succeeds,because if he succeeds then reviewed at the Collier County Growth Management Department,Zoning Division. sell and House Speaker Paul Ryan to attach the country succeeds,"Ryan said. the legislation increasing the borrowing White House press secretary Sarah Zoning Services Section.2800 North Horseshoe Drive.Naples.FL limit—a toxic vote for many Republicans Huckabee Sanders insisted the president's --to popular military veterans'legislation relationships with GOP leaders"are fine" The Hearing Examiner's decision becomes final on the date rendered. If a person that he recently signed.The idea was float- Sen.Lindsey Graham,RS.C,said rail- decides to appeal any decision made by the Collier County Hearing Examiner with ed in July but never gained steam in Con- ing the debt ceiling and securing the U.S. gress.Thump said that because legislators border were a"good combination"and sag- respect to any mama considered at such meeting or hearing,he will need a record of that didn't follow that strategy,"now we have a gested Republicans force Democrats into peocceding.and for such purpose he may needto ensure that a verbatim record of the big deal with Dems holding them up(as difficult votes over the borrowing limit. proceedings is made.which record includes the testimony and evidence upon which the usual)on Debt Ceiling approval" 'Tai's put them m a box when it comes to „oreai is to he based. Republicans control both Congress and the debt ceding.The president isnot crazy the White House,placing the burden on to attack the Congress.He's not crazy to them to ensure the government doesn't de- think of ways to put Democrats in a had If you arca person with a disability who needs any accommodation in order to participate fault In the past,Democrats largely pro- spot regarding the debt ceding.They do in this proceeding.you arc entitled-at no cost to you.to the provision of certain vided the votes for debt limit increases this all the time to us,"Graham said m an assistance Plcasc contact the Collier County Facilities Management Division located The Treasury Department has said the interview with conservative radio host at 3335 Tamiami Trail East.Suite#101.Naples,Florida 34112-5356.1239)252-8380.at debt ceiling needs to be raised by Sept.29 to Hugh Hewitt avoidpotential default on government obli- Beyond the challenge of the debt limit, least two days prior to the meeting gallons including Social Security and inter- the effort to avoid a government shutdown est payments. could be complicated by Trump's long- House Speaker Paul Ryan, playing promised plan to build a wall along the US- Mark Stain, down Trump's notlonofa debt limit"mess.' Mexico border.The president threatened said flatly that Congress would"pass legis- TLesday to force a federal shutdown unless Chief Heanng Examiner lation to make sure that we pay our debts" Congress provides money for the project. Collier County,Florida "I'm not worried that's not going to get Sanders told reporters the administration done because it's going to get done,"he said would"continue to push forward and make August 25.2017 NO.5-1724036 during an appearance in Washington state. sure the wall gets built" NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Nonce is hereby given that a public hearing will beheld by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,September 14th.2017,in the Hearing Examiner's Examiner(HEX)at 9:00 A.M.,September 14th,2017,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe(hive,Room 609/6Ill.Naples FL 34104,to Meeting Room,at 2800 North Horseshoe Drive.Room 609/610,Naples FL 34104,to consider: consider: PETITION NO.BD-PL20170WU541-DAVID BAL"I'SCH REQUESTS A 36.46. PETITION NO.BD-PL2016W03559-4011 BELAIR LANE,LLC REQUEST3A IS- FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET ALLOWED FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET ALLOWED BY SECTION 5.03.06 OF THE LAND DEVELOPMENT CODE,FOR A TOTAL BY SECTION 5.03.06 OF THE LAND DEVELOPMENT CODE.FOR A TOTAL PROTRUSION OF 56.46 FEET,TOACCOMMODATE A NEW DOCKING FACILITY. PROTRUSION OF 35 FEET,TO ACCOMMODATE A NEW BOAT DOCK FACILITY INCLUDING A NEW BOATHOUSE.FOR THE BENEFIT OF LOT 9,BLOCK F FOR THE BENEFIT OF LOT 88.SOUTHPORT ON THE BAY.UNIT ONE.ALSO REPLAT OF UNIT NO.3 LITTLE HICKORY SHORES,ALSO DESCRIBED AS DESCRIBED AS 181 TOPANGA DRIVE,IN SECTION 6.TOWNSHIP 48 SOUTH. 297 3RD STREET,IN SECTION 5.TOWNSHIP 48 SOUTH.RANGE 25 EAST, RANGE 25 EAST,COLLIER COUNTY.FLORIDA_ COLLIERCOUNTY.FLORIDA. BONITA BEACH RD Bonds Beach RD Lee County �, Collier County �, $. m S � 1i R O PROJECT PROJECT S$ LOCATION `+. LOCATION All interested parties arc invited to appear and be heard.All materials used in presentation All interested parties are invited to appear and be heard. All mammals used m before the Hearing Examiner will become a permanent part of the record. presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department Zoning Division, reviewed at the Collier County Growth Management Department Zoning Division, Zoning Services Section.2800 North Horseshoe(hive.Naples,FL. Zoning Services Section-2800 North Horseshoe Drive.Naples,FL. The Hearing Examiner's decision becomes final on the date rendered.If a person decides The Hearing Examiners decision becomes final on the date rendered. If a person to appeal any decision made by the Collier County Hearing Examiner with respect to any decides to appeal any decision made by the Collier County Hearing Examiner with matter considered at such meeting or hearing,he will need a record of that proceeding, respect to any matter considered at such meeting or hearing,he will need a record of and for such purpose he may need to ensure that a verbatim record of the proceedings that proceeding,and for such purpose he may need to ensure that a verbatim record is made,which record includes the testimony and evidence upon which the appeal is to of the proceedings is made,which record includes the testimony and evidence upon be based. which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate If you are a person with a disability who need any accommodation in oder to in this proceeding,you arc enitled,at no cost to you,to the provision of certain participate in this proceeding,you are entitled,at no cost to you,to the provision of assistance. Please contact the Collier County Facilities Management Division located certain assistance.Please contact the Collier County Facilities Management Division at 3335 Tamiami Trail East,Suite#101,Naples,Florida 34112-5356,(239)252-8380,at located at 3335 Tamiami Trail East,Suite#101.Naples,Florida 34112-5356.(239) least two days prior to the meeting, 252-1300.at least two days prior to the meeting. Mark Strain. Mark Strain, Chief Hearing Examiner Chief Hearing Examiner Collier County,Florida Collier County,Florida August 25,2017 ND-1726859 August 25,2017 ND-1726028 1111111111111111111104 I •t ..,. -It ! 0,4 t , , , tf , 4 . . , ' ,. ...= I IrIll ili ti.,.. , . 1 i . ' I ' ' I i 1 ' k 1 n' ilf iil I [ *I' ' i 1 4 am. ..... ,.. - il ,_ i _ . , • ,,, il , ` , , i , -4, NW P . . .. , , - ' - • ... 'f* f r .„...,. 4 r , 4 . • 4 , I4e,"- 1 r . . -. . . ' . I i riAl? I f I 1 f I f .., .. . .. .4C . . Pill [ I f i fi I ' f f I t L Ill 1 ' ; '...°'' '''' I- I ,,-,.-: : ' • ' I 1 I i [11 1 ; : 1 1. ' I L t h 1 i H t I , t , 1 , I ° ---...,_ , ' ' • 0•••,41-4,. . - ' L c C 1, ll . ' • ' ' ' ' . .., , \\- : \NI',1 H I I I III , • ,s',.A'. LL, -P' /I... CL -—_ P . ... ,_ ..... ..t..--.7:., •— , ..... :u : . ..., \ 41, \\* ... -4(1.01W10.. f.t) a illill ' ,-J1K. I . , , , , _ 1 e I _ . 1--"'44 '. '\- • — , -,, • , • i4 II" LA e"4 r, k '',..;;;"i:',.. : ' "4 . • . . , ,4 ' ,'''‘i, ).i",.' .• ' H ,. - , 'I.,' l',''' . „•,4. . V PUBLIC ViEARING FOR PETITION NO. BD-PL20160003559 — 4011 Belair Lane, Section 5.03.06 of LLC requests e uests a 15-foot boat dock extension the Land er the '460011111.1 maximum 20 feet allowed by rotrusion of 35 feet, to Development Code, for a total p accommodate a new boat dock facility ayfor he benefit of ibed Lot gg, Southport on the Bay, Unit One, as81 Topanga Drive,in Section 6,Township 48 South,Range East,Collier County,Florida. 1,011011011111110111111MINMI :- September 14,2011 at 9A h 2800 HorseshoeRoom 609/610 Naples,FL 34104 , CP;239- 252-2931 ericjohnsonC Eric 3ohnso ,coiliergllv•net away 1 - y e. \ / 1 )'Th , 10 4.'.. T'ti.' ..S't... ' ' i N \\, -.., \i .14,t,„1\14-0,„ . v,,,r„.4,...' 1 49 } .4 1 , - / . 1 . I T , 4 ,,,,,,,,,,-,01. 1 : 1 4 I: 4- . •• .0 (DJ OM •.. t ` - a' i .k i.77 iir, 41 II. .1 i ... .4 ' P44 1110,1 ii. ' t .9, il , ----- I 1/4„ 1111 iii 2 ; t i p NI 1.1 tri— ' 1 - pp; 1 ,c% WX pil I er.rgl. ii 2 al 1 Cri 1 I — , . 11114114141 ,ti,1) , s 1 1 al 1 "4 .-4. CILti ----.....„, i; t F ormalifiglit . ,,,,, . z . 0 , ec ± t*: ..„ < g 4 . I 1 0 0 n z ,.........,n !..,,: , Li j P W , (c_)I i N OM Ui of) I- I 9 4ip... (1)(.0 - 0 717., i . C4 1 .--. u j Et (1 ri) > co 0 LU in fia 4111011! MIMI, WAN. 411111101. OrMfb 111.101•11 ilIMMIMP C° g 0 us 0 ( w (0 >. ...I i 0 < 0 4) lie )tii.j ..$ (!) U. X a ki. U. LOU) ..... i i 6 LU — .g. tf0 (6 L, .. ,-., 0 . '.. . . , es i.... , • 11\\. •.:.•.—:if I. t.3 r , .... . I— o Inv ,o W N I W m 0 w 2 a o . —.. A ,,,,: ' ' '1, r.; CC O U III Kt ;Fe�- - 022 ;Elk ai ;!IIII,19i. }. wmwo wO 4' � 191111 , 2UF '�NOE2 I 4 O O W K�_ co.g 2 lion O :y ,i LL 0 ,. w rc K O _ .'' x. 9 WOW LL Ti' co K tmi C700�Qw " w�N—i 11111 . f0 �' QQ2wOyywy 3 z �, arn .;iti- e. s`^ �a,: k,`„s - KF;Uj2U,LLQ W70' 0 ,I¢¢ 0 3wOa 0 Nww°¢NaypQ22O1” z F rcrc o w U O 1173 m N 11414111 li• U > - AbMorat Q • �b� M 4/ I, b%�b �/�A. bN,BI w _.„,,ili, N w . _, ! . . . . • .- . 1, .. .. .. .. .„, �'�9 .. ,. / .,,:_ 40 .x .: C7 M�/��VA/ �,eb ` ` j CO•/,1bN,9` `` Iii. < 1 a I /////// /// T //'/, �' C, M M f �+� M M a UMN Z co ,!' w Z Q o a �"_ . w > 1 a = F CI v oo Mo 4` � w a. z_ 1, 44 i ='', -: 4 N 4a J /4, P:\1104.1-Fabrizi 181 Topanga\CAD\PERMIT-COUNTY\1104 FABRIZI CNTY.dwq 8II('t2199TERWAY 10/12/2017 0 morimminir Petition No. PL20170001321 AFFIDAVIT OF COMPLIANCE FOR PROVIDING INDIVIDUAL MAIL NOTICE TO AFFECTED PROPERTY OWNERS 1. I hereby certify that pursuant to Subsections 10.03.05.B.8 and 10.03.05.B.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 October 12th, 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 September 27th, 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� day of Oc.ro32 2017. /,Signature Print Name ()PS /1/74,..o-6 Print Title 6 I of STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) BEFORE ME, a duly authorized notary of the State of Florida, personally appeared c� 0±-\---` LN r t1 0) C_ 0 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...3 day of (A) c...`��- , 2017. Nary, State of Florida Notary Printed Name My commission expires: k';" JEANINE CHAPP `3, ?`, Notary Public. State of Florida 9; Allo;' My Comm. expires Jan, 27. 2018 '''',4*' Commission Number FF87003 2 of2 COLLIER COUNTY Growth Management Department September 27,2017 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 10:00 A.M.,on October 12th,2017, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: PETITION NO. BDE-PL20170001321 — DARREN AND JILL MARTENS REQUEST APPROVAL OF A BOATHOUSE PURSUANT TO SECTION 5.03.06.F OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR THE BENEFIT OF LOT 22, BLOCK C, OF CONNER'S VANDERBILT BEACH ESTATES UNIT 1, ALSO DESCRIBED AS 180 CHANNEL DRIVE, IN SECTION 29, 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, FJLICjrzfut6art Eric Johnson Principal Planner JohnsonEric From: Barbara Miller <bamiller2017@gmail.com> Sent: Monday, October 09, 2017 10:52 AM To: JohnsonEric Subject: Re: 180 Channel Drive - boathouse information Thank you for sending me the documents relating to the boathouse application for 180 Channel Dr. I appreciate the time you took to explain the process to me. It certainly appears that all procedures have been followed, and I am glad to see that the plans call for using the same tin roof construction as on the house. Although I do not favor boat house roofs on the narrow canals of Vanderbilt beach for reasons of storm risk and for visibility, I will not oppose this particular application. Sincerely, Barbara Miller On Thu, Oct 5, 2017 at 1:54 PM,JohnsonEric<EricJohnson@colliergov.net>wrote: Barbara, It was nice talking to you this morning. Please see the attached staff report and back up materials for the boat house petition. If you have any questions or comments,please do not hesitate to call me anytime. Thanks! Respectfully, Eric L. Johnson, AICP, CFM Principal Planner Collier County Growth Management Department Zoning Division —Zoning Services Section 1 _ iii[jiii.IDIPP.; . e tn CI 1111....0 „ .. .4 @®2 P. o la II; ilia 2 0 ,r.; i 4 1 II r Z 8 - o— . 0, 1- 1-- 0 ®- — 4 0 it ti) 0 IL m•:.1 I " Ct I n @ 'e,ee Iiiii_@_,. cs) , 0 ‘'...:,-;,,,,•,;,,:;.-.0..A. 0 0 2 " N i * II _ @ ' CO 0 ^ 0 0 iii II I I i i a ® ';-' 2 C•I --II (l.) E = Z c Ha iii.coaPueA 0 47; w 1.. 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Instead, contact this office by telephone or in writing. 2 Naples Daily News Wednesday,September 27,2017 19A NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 10:00 A.M., October 12th, 2017, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples c{ 34104, to consider: PETITION NO. PDI-PL20170002630—PULTE HOME COMPANY, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO THE BUCKLEY MPUD, ORDINANCE NO. 14- 24, AS AMENDED, TO REDUCE THE MINIMUM LOT AREA AND MINIMUM LOT WIDTH FOR SINGLE FAMILY DETACHED DWELLING UNITS. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF AIRPORT-PULLING ROAD AND ORANGE BLOSSOM DRIVE, IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL, CONSISTING OF 21.7±ACRES. VANDERBILT BEACH RD PROJECT y % 0 LOCATION O te - r Z ry Z l w+e All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite #101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida September 27,2017 ND-1763523 Naples Daily News Wednesday,September 27,2017 19A NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 10:00 A.M., October 12th, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. BD-PL20170000565—JILL GAYNOR REQUESTS A 56-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 76 FEET, FOR A BOAT DOCK FACILITY LOCATED AT 75 PELICAN STREET W, ON THE NORTH SIDE OF PELICAN STREET W. APPROXIMATELY ONE THIRD MILE WEST OF CAPRI BOULEVARD, IN SECTION 31,TOWNSHIP 51 SOUTH,RANGE 26 EAST,COLLIER COUNTY, FLORIDA. cAPR1 BLVD PROJECT , LOCATION `-- - , jJ $ m: PELICAN•SF oo; / „t 0 IJJ i // ti.,, E / Q ?'" N BARFIELD DR r 03 All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite #101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida September 27,2017 ND-1763538 Naples Daily News Friday,September 8,2017 17A1 NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., on September 28, 2017, in the Hearing Examiner's Examiner (HEX) at 9:00 A.M., on Thursday, September 28, 2017, in the Hearing Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples,FL 34104, Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples, to consider: FL 34104,to consider: PETITION NO. BDE-PL20170001321 — DARREN AND JILL MARTENS PETITION NO. PDI-PL20170000247 — COLLIER LAND DEVELOPMENT, INC. REQUESTS AN INSUBSTANTIAL CHANGE TO THE SABAL BAY REQUEST APPROVAL OF A BOATHOUSE PURSUANT TO SECTION MIXED USE PLANNED UNIT DEVELOPMENT (MPUD), ORDINANCE 5.03.06.F OF THE COLLIER COUNTY LAND DEVELOPMENT CODE NO.OS-59,AS AMENDED,TO ADD ONE NEW DEVIATION RELATING TO FOR THE BENEFIT OF LOT 22, BLOCK C, OF CONNER'S VANDERBILT SIGNAGE. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE BEACH ESTATES UNIT 1,ALSO DESCRIBED AS 180 CHANNEL DRIVE,IN OF TAMIAMI TRAIL EAST, APPROXIMATELY ONE QUARTER MILE SECTION 29,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTYEAST OF THOMASSON DRIVE, IN SECTION 19, TOWNSHIP 50 SOUTH, , FLORIDA. RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF ±4.34 ACRES. Bluebill AVE 111th AV E NDavis BLVD / 0 11—INNSN J o PROJECT a) L ,- N LOCATION L o G� c. N ChannelO • >, Rattlesnake Hammock RD U • m 0 0 m O 73 al PROJECT �, LOCATION „� ,�-P w+ Y g W_40-G s All interested parties are invited to appear and be heard. All materials used in All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. presentation before the Hearing Examiner will become a permanent part of the Copies of staff report are available one week prior to the hearing. The file can record. be reviewed at the Collier County Growth Management Department,Zoning Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division, Division,Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person Zoning Services Section,2800 North Horseshoe Drive,Naples, FL. decides to appeal any decision made by the Collier County Hearing Examiner with The Hearing Examiner's decision becomes final on the date rendered. If a person respect to any matter considered at such meeting or hearing,he will need a record decides to appeal any decision made by the Collier County Hearing Examiner with of that proceeding, and for such purpose he may need to ensure that a verbatim respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record record of the proceedings is made,which record includes the testimony and of the proceedings is made,which record includes the testimony and evidence upon evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to which the appeal is to be based. participate in this. roceedin If you are a person with a disability who needs any accommodation in order to P g,you are entitled,at no cost to you, to the provision participate in thisroceedin of certain assistance. Please contact the Collier County Facilities Management p g� you are entitled, at no cost to you, to the provision g of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples,Florida 34112- Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356, 5356, (239)252-8380,at least two days prior to the meeting. (239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Mark Strain, Collier County, Florida Chief Hearing Examiner Collier County,Florida September 8,2017 ND-1743999 September 8,2017 ND-1741600 r r a, 0 00 6. o4- h o o w � cv) W "r iv 0 "71- CA •—, (.. ›••• < n Q^ y 70b ° � � N x k M d W �, O a) A 5 0 0 3 o oN ,r a Aa `� U . <0 on 8 ,o o •° `-, A ° c •° U a 0 a v) � -o -d E-, O � W ° .o ° -o ••-•cf) cn 01 Q s. , o w Q C.7 U p ON NOISONIAn 0 0 . o ai N 5 syn-. 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ZQ U0 w ' , M_ o E ° .0Oai O 0 vnaO - z m On? coOp -a X ,ao g co e'= o -,6 o o ~ wHOHOdw Z o -a Uwx 44 :25 - ' cp o HNV Q WU 00W Q O • ge oo a) .2 -6 A m - a M- o HwOMwO - Uf- aQO N b •r1 .7) t, b az c '(5 U ,> .E. rO w > m N A Ili U en `n W H - H i a, a o a- •= c o CA ., O $:L. et O 'on k O O Z W ` o U CA `t oo ai H k .o W p A z d _' y a� W O aU•E• y �,, n Lt1 � `�" o ZQ � pC7wH � any? g y b o" g 'o a) g m •E M = •5 5 N o ya' ZC I /� p /A�/ (W� . •. 0 .a � •� 0 o 0 o a) a) c � o 'at ct O vi �. O [ AP. FAY .0,. .�j a� 0 V] y 0 rat Cd CCI Qy C �.00 0.q y o E F W� FaaM cu 3 x a> U a a) Z 'CI • a> 4. ? `n c Y• RC a°'i H O O U aW ? o•> o 5 Q" w ; >' o , 0 0 Z W pWpw0.�1p� GKc�vU Q a U u H -0 2 •.5 O 3 a ° N TUU Q n, J 22A Friday,August 25,2017 Naples Daily News NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., 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. 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. � � CaPr' BLVO JO —N—.) � - C_ � � .__/ V-"\ Q7 �ti PROJECT / t_ LOCATION I r 0 I All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with • respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. . If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite #101, Naples, Florida 34112-5356, (239) 252-8380,at least two days prior to the meeting. Mark Strain, • . Chief Hearing Examiner Collier County,Florida August 25,2017 ND-1726811 22A Friday,August 25,2017 Naples Daily News NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,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. 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 LIMI.TATIONS 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. . z '2•:::....----._ 11-75 Cl 0 X c C) 2 C a ? ` PROJECT • Radio RD a - LOCATION 0 o J O co m m as m c .o a m m T o Davis BLVD o w ala L n hid C m /�� co co o r U , All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing: The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to'you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division.located at 3335 Tamiami Trail East, Suite #101, Naples,Florida 34112-5356, (239)252-8380,at least two days prior to the meeting. • Mark Strain, Chief Hearing Examiner Collier County,Florida August 25,2017 ND-1726846 Court Reporter AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 10:00 AM ON THURSDAY, OCTOBER 12,2017 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: NOTE: This item was continued from the September 14, 2017 and September 28, 2017 HEX Meetings due to Hurricane Irma. 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] NOTE: This item was continued from the September 14, 2017 and September 28, 2017 HEX Meetings due to Hurricane Irma. 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] NOTE: This item was continued from the September 14, 2017 and September 28, 2017 HEX Meetings due to Hurricane Irma. 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] NOTE: This item was continued from the September 14, 2017 and September 28, 2017 HEX Meetings due to Hurricane Irma. 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 was continued from the September 28, 2017 HEX Meeting due to Hurricane Irma. E. PETITION NO. PDI-PL20170000247—Collier Land Development, Inc. requests an insubstantial change to the Sabal Bay Mixed Use Planned Unit Development (MPUD), Ordinance No. 05-59, as amended, to add one new deviation relating to signage. The subject property is located on the south side of Tamiami Trail East, approximately one quarter mile east of Thomasson Drive, in Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of ±4.34 acres. [Coordinator: Ray Bellows,Zoning Manager] NOTE: This item was continued from the September 14, 2017 and September 28, 2017 HEX Meetings due to Hurricane Irma and further continued to the October 26,2017 HEX Meeting. F. 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] NOTE: This item was continued from the September 28, 2017 HEX Meeting due to Hurricane Irma. G. PETITION NO. BDE-PL20170001321 —Darren and Jill Martens request approval of a boathouse pursuant to Section 5.03.06.F of the Collier County Land Development Code for the benefit of Lot 22, Block C, of Conner's Vanderbilt Beach Estates Unit 1, also described as 180 Channel Drive, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Eric Johnson, Principal Planner] H. PETITION NO. BD-PL20170000565 — Jill Gaynor requests a 56-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 76 feet, for a boat dock facility located at 75 Pelican Street W, on the north side of Pelican Street W. approximately one third mile west of Capri Boulevard, in Section 31, Township 51 South, Range 26 East,Collier County,Florida. [Coordinator: Ray Bellows,Zoning Manager] I. PETITION NO. PDI-PL20170002630 — Pulte Home Company, LLC requests an insubstantial change to the Buckley MPUD, Ordinance No. 14-24, as amended, to reduce the minimum lot area and minimum lot width for single family detached dwelling units. The subject property is located at the northwest corner of the intersection of Airport-Pulling Road and Orange Blossom Drive, in Section 2, Township 49 South, Range 25 East, Collier County, FL, consisting of 21.7± acres. [Coordinator: Timothy Finn,AICP, Principal Planner] 4. OTHER BUSINESS 5. PUBLIC COMMENTS 6. ADJOURN AGENDA ITEM 3-A Co er 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: Agent: Thomas Luke Larson Patrick Scheele 143 Tahiti Street Turrell,Hall & Associates, Inc. Naples, FL 34113 3584 Exchange Avenue Naples, FL 34104 REQUESTED ACTION: 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 Tahiti Street September 14,2017 HEX WIIIIIIIIPIF e a osiod 40 A6"�© ill w 0 41A,. \ 4)44) gv 44* 4 is 904f 4moo 411** ' gir4 o©B4 4a ee�o�®oo �474t i , OO �®�® ,f®4O©• ©�4 Opo 0©° t ,� R 411 2 1044 et* 4/4" 44 • e* iz, 4V izir ay. tir If 6: O 0 ® ®©00® Ap � '�®@1Q® ti 1— - Zsa4 •O 0 0. ub , qtr. ann NE 0 1:1 in 1311311 LI II.1Ii417 ® ff9®a NOM iny ® r,o g p ®DD, .Et ® O LLAz 1111114) MEWti =Nom.'.al..:0 Art. Q N L a) E J��8 a !//Oo Z C O N a. a ,, OQ m '6 > CII J c II CII U O J O'9jZia eJ j 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 RSF-4 West: A single family house, zoned RSF-4 4pr ,,,\ Subject `°.NS. ,` Site 4 fl . d -i 4kms., / lip . ' { 11 - lar Aerial of subject 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)(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 seagrasses. BD-PL20170000573 Page 3 of 7 143 Tahiti Street September 14,2017 HEX 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: FRED 47 ISCHL,AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: 6 $(Z, A RAYMO V. BELLOWS,ZONING MANAGER DATE ZONING DIVISION APPROVED BY: a ' 3.>T ") MIKE BOSI,AICP, DIRECTOR DATE PLANNING&ZONING DIVISION BD-PL20170000573 Page 7 of 7 143 Tahiti Street September 14,2017 HEX Colter County Growth Management Department Development Review Division April 21, 2017 LARSON, THOMAS LUKE 143 TAHITI ST NAPLES, FL 34113 RE: Special Treatment Permit No.PL20170001082 Property ID#52396080009 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 site alterations authorized by this permit.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@colliergov.net. Sincerely, Col&County Reviewed and Approved Deaeeakceat Revsecu Veci deaa For Permit Issuance Growth Management Department PL20170001082 2800 N. Horseshoe Dr. Naples, Florida 34104 04/21/2017 239-252-2400 cc. Clark Turner, 2555 Shumard Oak Blvd, Room 370-C, Tallahassee, FL 32399-3000 Lou/g NOLLVa01 lit•P 309-£5 I.POW.Nn03-1411)331410V31P0.'pap uosiel-C'4140k:d MI ./ a L )ff -0„ x c\\\, o co -0 m m m a z 0- m iii ODI.°vsl ' - (Aok. §• '\ .Z1111M1117 ka20 `61'. m 6 2 — 1prhiniummill .y lei!... : • i :: : ''' hi -0 m = 0 1' ,•-•.,:,-.*•,,lipr lir. F,' g 5:r m 'it - .• 0 73 pci CD .... 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V Z 4f sc �o � ♦ _,, ' .1 . , . 1,14..... ! m :, I Z1161 i "- 1 A \ 0 ' 'o...........i...eo....t,, ,: . ';'--'''' 10 0', 0 . .. V t ..'. ' :. ''.‘. t <, 7 ...... , ' �V ' t 1 ` :9' *N„NI : ^m^ i - It ' ,. , F j\ & 4,......, ..,, .� , 777 8 ii 10 .... ..'".'s . Ar g, cn: 1111 -� , t � O NNW: 1111®, . , 11111; - '1" 11111 ��' ', 6 .2, 0. =,, ` ,s w :fit` ..r,:4, ,;•':',4; _ — , *444 ,. �r 1, o 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 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. 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 • 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. 4.4 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 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 5 143 TAHITI STREET SUBMERGED RESOURCE SURVEY MARCH 2017 6.0 EXHIBITS 1 , i 2 ,_.:.._ 1.,.. ,ri, i 3,...r, -_,-1,.. *..' -_- : -xa %f— t.., t \ .'`,,ert., .P.p P 1,4t,ii ' , ow .,: Figure I. Silt Muck Sediment • 0 Is Lq .h !v 4v... -'*- ''''' l' ' ....' '-1r .7, — ''ot'-NO,tit'; --7 ,, . .. , r #� II,iit, . . ..ik '‘, 41':-' ; • f f.. Figure 2. Existing Mangrove&Rip-rap along north property line. Page 4 of 5 417 143 TAHITI STREET SUBMERGED RESOURCE SURVEY MARCH 2017 i V Figure 3. Existing dock,piles&.seawall. . 44' 1 Y% iiiri k . j: . iT va 1 s t ,.-spa+ ". . Figure 4. Barnacle growth on dock piles Page 5 of 5 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) Thomas Luke Larson I Thomas Luke Larson (print name), as (title, if applicable) of (company, If applicable), swear or affirm under oath, that I am the (choose one) owner ,/ applicantncontract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action, 5. Well authorize Turrell Hall and Associates Inc to act as our/my representative in any matters regarding this petition including 1 through 2 above. `Notes: • if the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • if the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • 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. ANS .40 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 I 1 '") be-foregoing in§tr-ument w s sworn to(or affirmed) and subscribed before me on - 45— - ` J(date) by L6�ti�t,�S L 4` ��5�� (name of person providing oath affirmation), as UZ �� who is personally known o • e or ho has produced ! A I S Ll (type of identification) as identification. _ .AIP \ its C STAMP/SEAL Signat e of Notary Public AO r'A` c,I LAURA G.KNECHTEL ; MY COMMISSION#GG 039128 i �..? .P= EXPIRES:November 9,2020 .<S c..,,gr Bonded Tru Notary Public Undetwrilers CP\08-COA-00115\155 REV 3/24/14 CO�er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 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 pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP (Site Development Plan) • 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) ❑ SIPI (Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) El 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) El RZ(Standard Rezone) El 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# Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for, or already appearing in, condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: ❑ Email ❑ Fax ❑ Personally picked up Applicant Name: Turrell, Hall & Associates - Patrick Scheele Phone: 2396430166 Email/Fax: patrick@THAnaples.com Signature on Addressing Checklistdoes 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:_ 7..�. VoiLd Date: 12 /2 /2016 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED C f h� a as `~ C CoLier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre-Application Meeting Notes Petition Type: MXk jC f7_Js Ion) 544 - Date and Time: pZ .z zf/ 7 Assigned Planner: ' /*,/ ES &t -1 Engineering Manager (for PPL's and FP's): Project Information Project Name: — PI______ ____ PL#: --F-L---,z)-t---7-0-00-0-5 ....- ..- -.---)-- PL2017000055733 A Property ID#: Current Zoning: EF-' 1"'t , -Project Address: PI filt,h 5/ S r City: State: Zip: Applicant:Te.51/2-P2.-e-a 1 7'[ S5C)CC..,.,_ Agent Name: ✓V- / E-"7Q_S Phone: Agent/Firm Address: ,mac� c G6(1cw4ECity: le&.CState: Zip: Property Owner: Please provide the following, if applicable: i. Total Acreage: ii. Proposed #of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: v. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: 9cr9ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Meeting Notes i0/2404k7 s4,40ei'rJ z);sQUfcc �9016 ,% /- -/ o ,41' /4% ,) 0A- /87 aft f.7N1Ci7L-S. (-) 1141- t 40C C4-&—)f) CA- bs /144- C 547 .ci ---i Tle€4 b- t1 C4 at.4-Arrae-- �G-�lv✓ Imo! !�F I LA—&S 12 ��,a-� h- /4r , (;, - , � H' x i i Occ- k s _ 1F YAP 6.4; Co hhe r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.coiliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting Xfinal Submittal Requirement Checklist 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 at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application (download current form from County website) 6K Signed and Sealed Survey ri u Chart of Site Waterway p 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 ` 1 PI 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 Ir u .s Completed Addressing Checklist 1 C4 U Electronic copy of all required documents *Please advise: The Office of the Hearing Examiner requires all materials 1 Xi -7 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 COlifer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.coiliergov.net (239)252-2400 FAX: (239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS; ❑ Bayshore/Gateway Triangle Redevelopment: ❑ Environmental Review: See Pre-Application Executive Director Meeting Sign-In Sheet ❑ Addressing:Annis Moxam L Graphics: Mariam Ocheltree City of Naples: Robin Singer,Planning Director ❑ Historical Review ❑ Comprehensive Planning:See Pre-Application ❑ Immokalee Water/Sewer District: Meeting Sign-In Sheet ❑ Conservancy of SWFL: Nichole Ryan [] Parks and Recreation:Vicky Ahmad Li County Attorney's Office: Heidi Ashton-Cicko ❑ Transportation Pathways:Stacey Revay r—i❑ Emergency Management: Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay _ Heartlock [[ Engineering:Alison Bradford [] Transportation Planning:John Podczerwinsky ❑ Other: ❑ Utilities Engineering: Kris VanLengen FEE REQUIREMENTS: a )( Boat Dock Extension Petition:$1,500.00 `�1 { Estimated Legal Advertising fee for the Office of the Hearing Examiner: $4iz5-9O au /7.-2-5 - 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 Cod,4 er 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 PL#: PL-?. f XVQQ' Collier County Contact Information: Name Review Discipline Phone_ Email 0 Chris Alcorn Utility Billing 821-8136 chrisalcorn@colliergov.net ❑ David Anthony Environmental Review 252-2497 davidanthony@colliergov.net ❑ Summer Araque Environmental Review 252-6290 summerbrownaraque@colliergov.net [1 Steve Baluch,P.E. Transportation Planning 252-2361 StephenBaluch@colliergov.net ❑ Laurie Beard Transportation Pathways 252-5782 Lauriebeard@colliergov.net Rachel Beasley Zoning Services 252-8202 rachelbeasle @collier ov.net Y g Li Marcus Berman County Surveyor 252-6885 MarcusBerman@colliergov.net 0 Mark Burtchin ROW Permitting 252-5165 markburtchin@colliergov.net ❑ George Cascio Utility Billing 252-5543 georgecascio@colliergov.net ❑ Heidi Ashton Cicko Managing Asst. County Attorney , 252-8773) heidiashton@colliergov.net ❑ Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@colliergov.net ❑ Dale Fey North Naples Fire 597-3222 dalefey@colliergov.net ❑ Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@colliergov.net - O Nancy Gundlach,AICP, PLA Zoning Services 252-2484 nancygundlach@colliergov.net O Shar Hingson East Naples Fire District 687-5650 shingson@ccfco.org O John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net ❑ Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net 0 Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphries@colliergov.net 0 Eric Johnson,AICP,CFM Zoning Services 252-2931 ericjohnson@colliergov.net X0 Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net d-Stephen Lenberger Environmentai Review 252-2915 stevelenberger@colliergov.net ❑ Garrett Louviere Stormwater 252-2526 garrettlouviere@colliergov.net ❑ Paulo Martins Utilities 252-4285 paulomartins@colliergov.net ❑ Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto@colliergov.net Cl Jack McKenna,P.E. Engineering Services 252-2911_ jackmckenna@colliergov.net _ ❑ Matt McLean, P.E. Principal Project Manager 252-8279 matthewmclean@colliergov.net ❑ Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz@colliergov.net 0 Annis Moxam Addressing 252-5519 annismoxam@colliergov,net O Stefanie Nawrocki Planning and Zoning 252-2313 StefanieNawrocki@colliergov.net ❑ Jessica Huckeba CAD Technician 252-2315 JessicaHuckeba@colliergov.net U Brandy Otero Transit 252-5859 brandyotero@colliergov.net 1 Acy COLDER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 ❑ Bill Pancake North Naples Fire 597-3222 billpancake@colllergov.net ❑ Brandi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net ❑ Fred Reischl,AICP Zoning Services 252-4211 fredreischl@colliergov.net ❑ Brett Rosenblum, P.E. Utility Plan Review 252-2905 brettrosenblum@colllergov.net ❑ Edwin Sanchez Fire Review 252-7517 edwinsanchez@colliergov.net ❑ Michael Sawyer Transportation Planning 252-2926 michaeisawyer@colliergov.net ❑ Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net ❑ Chris Scott,AICP Planning and Zoning 252-2460 chrisscott@colliergov.net ❑ Peter Shawinsky Architectural Review 252-8523 PeterShawinsky@colliergov.net XDaniel Smith,AICP Zoning Services 252-4312 danielsmith@colliergov.net [ 1 Ellen Summers Planning and Zoning 252-1032 EllenSummers@colliergov.net Scott Stone Assistant County Attorney 252-8400 scottstone@colliergov.net ❑ Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net L Chad Sweet Transportation 252-5687 chadsweet@collierogv.net ❑. Mark Templeton Landscape 252-2475 marktempleton@colliergov.net ❑ Jon Walsh Building Review 252-2962 jonathanwalsh@colliergov.net ❑ David Weeks,AICP Comprehensive Planning 252-2306 davidweeks@colliergov.net O Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net ❑ Christine Willoughby Planning and Zoning 252-5748 ChristineWilloughby@colliergov.net Additional Attendee Contact Information: Name Representing Phone Email ` ��_ T��1 t /ill -.1,ir.L 6Y.;-o,1 <. �e �f/ / ,:q, a+r;�.1�_ S�`-t IC" 1trr i1All d. n;�nca+-es G�t3-o�� PQ4 it,keCNANfIc.� ,Co AGENDA ITEM 3-B Co eru t Co n y 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 REQUESTED 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-PL20160003559 181 Topanga Drive Page 1 of 8 August 31,2017 m_, ,) , z, l! 8 2o Fa. ill* •�® 0 , En El • ll V;Lew Aim IM ) 7,,, al 2 e: i A 2 trf O t! WilN s © vai 0 O W 4061115 N, „..___ 4,,,:.,„ , F. a .4. .. .,„„ N V �107 st av.; ' 9 a 0' 1 r m 1".5.iri 1'le I.if 0 te t V10 kg 1 1 1.� a _ ®��' il - Vaal-�®ip O N /1 Z a- lgW worir4v irte NI111 g 0 • I ' r �1 1 Q 4 li co0 0 lie Ng A virs 2 0 k Alialte ...:1 Wen 11 IvA 1 at ...0 O A - iiiiiii ' og a, -• 4r, itok • 8 ' -%t* " 44 ------4v AKI‘Itt‘ __I e, 0 u • ' S "WI 14 140 lig* 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 .' :-:. , -4 Ebn 1t,t Br.t,1.Rte{, . .tiAL, . _int. Subject Property r �. ......,..., BD-PL20160003559 l Cit, ',`too' ,ay (.TR �,� ,- 5348 % '� 5320 �� _ 5',7F, 53 LELY • � 53d — BAREFOOT _ o \p BEACH 0 6' x53V. e ko A- lifir -, : .,,;,,, FY ''' L j e tez ow ° N'a 1?E, ,1°13- 14 . . Aerial(County GIS) BD-PL20160003559 181 Topanga Drive Page 3 of 8 August 31,2017 4 Ems+ /" t f - '11.:: '1-br'' 4- 7 '411:7.* 14,„, ''„,,,—.4itii 444: IP x4. b. lirtit- —,Fir-1*- „ , 18.1 Topanga Ur., •' p , Google Earth Viewing north—(undated, Google Earth) 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: r /If e/23 ERIC L JO SON,AICP, CFM PRINCIPAL PLANNER DATE ZONIN, P VISION REVIEWED BY: 16V• 8 3� 17 RAYM�1II V. BELLOWS, ZONING MANAGER ATE ZONING DIVISION a5- 1) MICHAEL BOSI,AICP, DIRECTOR DATE ZONING DIVISION BD-PL20160003559 181 Topanga Drive Page 8 of 8 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.B.8 and 10.03.05.8.10 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 day of GAS 2017. /Signature 6., 62 7-62.— Print _Print Name 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 c_o k r LU r cJe ¶ ("who is personally known to me or produced \,c� v\S '� as identification, and under oath stated that the above is true and correct and to the best of his/her knowledge. DATED this G4-lo day of ayc ,2017. JEANINE CHAPP / Notary, State of Florida Notary Public.State of Florida :�'• `�= My comm. expires Jan.27. 2018 " :�.......:�,� r, Ind- Commission Number FF81043 NI EX>, v. e P Notary Printed Name My commission expires: )). j<= -43 2 of 2 _ - I 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, Eric JaPnoan Eric Johnson Principal Planner ;: vm o ® Q . a El . Q e . ; . ii.2 ,' o;:ji$ i. in -0R® ® a® Q. Dcts r, cc „ i,. „-iilati . @ Ia. § w 6% c © . o ar a 41 ® ®? a g . 1 ° a icb 2' . n 1 'E W O N � 1-". ®an m7 D - #: 0) Lo Lo 00®® 9v'�)iit�� o V I 1110 o® c00 O N J CLN .Q 4 6* *4. .#17 z � � o a o- i Vd11110 � /01 " co 1�� Q c c ' ** 1 i i ". k w g 0111 i ' cts Ld.i Nall41/pert`� om � B JohnsonEric From: Holm,Ashley E LT <Ashley.E.Holm@uscg.mil> Sent: Thursday,August 17, 2017 8:55 AM To: JohnsonEric Subject: RE:Collier County Boat Dock Extension (181 Topanga Drive) Good morning Mr.Johnson, 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, i t 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 2 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. 3 JohnsonEric From: Jeff Rogers <1eff@thanaples.com> 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&Environmental Consulting 3584 Exchange Ave.Ste.B. Naples,FL.34104-3732 Phone:(239)643-0166 Fax:(239)643-6632 Web:www turrell-associates.com — a•,, Turrell, nail & mw..iat , Inc. TEE: ':N} P'JAT`.,E: .or,IA..NE. E CH.: TRAEMISM.ON '}TENDED ONLY FOE TEE USE OE THF INDTWAMIAL UN ENT/TY TO W-'.: F YT • 4-TRE .ED AVO MAI EFOP..MA ON THAT II. PP'.V LE,,EL, 'CONFIDENTIAL WORE EE('TUCT ANCIIF EXEMPP EL-I'M L CL :MJEE 'AMP AL'EI. CAE;LF LAW. 'F' THE HEADED F.. TH E. SA,'.E THE 'NTCNriEL: RECIPIENT ITE TILE EMPLOYEE •'HR AGENT ELF E^NSLELE FLP LLE.LI JFF N- :F Ti TEE INTE.NDEI, NEC;P_ENI1. VOL: ARE' HEHECEL" Ni :F_E.L LLAT ^.N'i DI,^,FMINAT:GN, r TP:hUT,LN OP ['(EYING LIE IH EMUN:IIC'.ON FP.IiE.F TEC 'F YOU RAVE IRE:TE: WE TRT , COMMUNICATION 'N E:EHC/R, PLEA'•:1. TFLEPH'.N.N. II;; 1_ULLEt TI AND RETLIN THE, OF; „ NAL MEISA+,E. TI' I„ AI TH HI(F...:_S Ab'I1'F Al' OOP EXPENSE. 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@thanaples.com] Sent:Wednesday,August 16,2017 3:20 PM To:JohnsonEric<EricJohnson@colliergov.net> Subject: RE: 181 Topanga Dr The vessel shown is floating at MLW elevation. Regards, Jeff Rogers Project Manager Turrell,Hall&Associates,Inc. Marine&Environmental Consulting 3584 Exchange Ave.Ste.B. Naples.FL.34104-3732 Phone:(239)643-0166 Fax:(239)643-6632 Web:www.turrell-associates.com )',Q111111,4% TUrruleltal SetryLIMilinC• FINFORMATION ':ONTAINEI, IF THIS TRANSMISOF IS ;FTENDED ONLY FOP THE UHF OF THE ,ND7VJDUAL OP ENT:TY TO WE Cf :1' IS ALCRESSRD AND MAI .C14TT, t I'QRMAT7ON THAI :S PR*VILE,;ED, 01,NE,f*NTrAl., [VV.!, PRODIA. AND/OR EXEMPT FROM DiJCLOURE ,JNI,R14 APPLCABLE: W. IF TEE HEATER :4' IN :, I , InE INTENDED REr.TPIEN1 (OF THE EMPIO7RE 0? AGENT RESPONSIBLE. PON DELIVERING 'T TO THE :NTENOKU 8FLIP:ENT), YOU ARE HERF.BY NOT.E,RO THAT ANY rT3SEINAnON, CISTRIBV7TON OF ,OPY:EX, t.E fft,S .70MMUNICAT:ON C PRORIBITEt. :F VOL HAVE RE,7E1VED TH:S COMMON CAT 7m WRP')k, PLEASE NI E IkV -hRPROMIN', UI ( OLLECTI ANP RETURN THE ORIGINAL ME:TMA TO US AT THE ADDI,ES ARm4 UT UP. EXPENSE. From:JohnsonEric [mailto:EricJohnson@colliergov.net] Sent:Wednesday, August 16,2017 11:50 AM To:Jeff Rogers<Jeff@thanaples.com> Subject: 181 Topanga Dr Is the boat shown floating at MHW or MLW? 2 -- CONSERVATION ----s SECTION A-A EASEMENT LINE - 35'FROM PROPERTY LINE & Mt PROPOSED FIXED PROPOSED F J ACCESS WALKWAY CO I ill in WAV-0 Stir tNA ALL PILES TO BE WRAPPED FROM 6'BELOW SUBSTRATE ' TO 12"ABOVE MHW ria aAw.w •. *Mt WU rx a►*+r+w ►.ww.a • •++R 44r0 Oa • 114141,03 aw •• 'tw aANN .. Nw111MN wrwpw . wia►aeiettow . ^M ) ThntllHaH& ocuicsjnc% il itortincrul /�g C7 �oielit. ' ' Aja I'44 halt n%. V , u �, ►1 u�� -:• CROSS SECTION7. __ .-...era+ r.kr4,,.4s•nd;.. v., ... +;•..Mire+\,` MCC T10N C 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 T M LEED GREEN ASSOCIATE Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead. contact this office by telephone or in writing. 1 4 FABRIZI DOCK PL20160003559 181 TOPANGA DRIVE NAPLES, FL 34134 AUGUST 2017 PREPARED BY: >10* TURRELL,HALL&ASSOCIATES,INC 3584 EXCHANGE AVENUE, STE B NAPLES,FL 34104 UPDATED BDE APPLICATION Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION APPLICATION AND SUBMITTAL INSTRUCTIONS LDC Section 5.03.06 Chapter 3 B. of the Administrative Code The following information is intended to guide the applicant through the application and public hearing process for a Dock Facility Extension or Boathouse Establishment Petition. Prior to submitting the Dock Facility Extension or Boathouse Establishment Petition application, the applicant shall attend a pre-application meeting to determine if a dock facility extension or boathouse establishment is available and to discuss the location, length/protrusion, and configuration of the proposed boat dock facility. The pre-application fee is $500.00 and will be credited toward application fee upon submittal. If the application is not submitted within 9 months of the pre-application meeting the pre-app fee will be forfeited and will not be credited toward the application fee. In order for the application to be processed, all accompanying materials (see attached submittal checklist) shall be completed and submitted with the application. The application fee for a Dock Facility Extension or Boathouse Establishment is $1,500.00, plus $925.00 for required legal advertising. After submission of the completed application packet, accompanied with the required fees, the applicant will receive a response notifying that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., BDE- PL20120000000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Pursuant to the LDC and the Administrative Code, several public notice requirements shall be completed within the required time frames. The Planning and Zoning Department will provide, at the cost of the applicant, legal notification to surrounding property owners within 500 feet of the subject property and newspaper advertisement (required 15 days prior to the advertised Hearing Examiner hearing date). The applicant will be notified by email of the hearing date and will receive a copy of the Staff Report. It is recommended, but not required, that the applicant or the agent attend the Hearing Examiner hearing. Please contact the Growth Management Division at 252-2400 for further assistance completing this application. 2/28/2017 Page 1 of 7 Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch. 3 B. of the Administrative Code THIS PETITION IS FOR (check one): El 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 /25 Property 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 Coer 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 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 over water structure with one optional boat lift. The proposed dock will protrude approximately 35-feet from the most restrictive point into a waterway that is approximately 112-feet wide from MHWL to MHWL. The applicant is requesting for a 15-foot extension from the allowed 20-feet. SITE INFORMATION 1. Waterway Width: 112 ft. Measurement from ❑ plat ❑ survey ❑ visual estimate 0 other(specify) aerial 2. Total Property Water Frontage: 101.45 ft. 3. Setbacks: Provided: 25&25 ft. Required: 15&15 ft. 4. Total Protrusion of Proposed Facility into Water: 35 ft. 5. 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 er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 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? 0.24 Acres 8. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ■❑ No If yes, please provide copies. 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. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Response: The total waterfront length for this property is 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 interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Response: The proposed dock facility will provide 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. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property;these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 I must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) 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 BDE approval. 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions.(The facility should not use excessive deck area.) Response: 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. 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Response: The proposed docking facility 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 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 5.03.06 I 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. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist 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 at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW #OF REQUIRED NOT COPIES REQUIRED Completed Application (download current form from County website) 6 _ ❑ (1 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 ❑ ❑ 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 n ❑ 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 u91Jsty COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colllergov.net (239)252-2400 FAX;(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: Bayshore/Gateway Triangle Redevelopment: / ,—, Environmental Review:See Pre-Application Executive Director 1-7--1Meeting Sign-In Sheet Addressing:Annis Moxam [Y Graphics: Mariettrerereirree .3.&Jy".e.0 u (k4' t ❑ City of Naples:Robin Singer, Planning Director ❑ Historical Review ❑ Comprehensive Planning:See Pre-Application Meeting Sign-In Sheet ❑ lmmokalee Water/Sewer District: Conservancy of SWFL: Nichole Ryan1,0 Parks and Recreation:Vicky Ahmad County Attorney's Office:Heidi Ashton-Cicko Transportation Pathways:Stacey Revay ❑ Emergency Management: Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlock Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwlnsky 0 Other: 0 Utilities Engineering:Kris VanLengen FEE REQUIREMENTS: 0 Boat Dock Extension Petition:$1,500.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 ❑ An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. 04 — 46 Signature o Petitioner or Agent Date . 6/3/2014 Page 7 of 7 AFFIDAVIT OF AUTHORIZATION AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) , , . , . . ,perm ,F,r! ,W Q (print name), as An#44.r.Err (title,if applicable) of ' j(9/1 '$eia:r 1, rt@ LLC... (company, If a ilcabte), swear or affirm under oath,that I am the(choose one)owner('appllcarit=Contract purchasernand that; 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data qr other supplementary matter attached hereto and made a part of thie appiloatlon are honest arid true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4, The property will by transferred. conveyed, sold or aubdivided subject to the conditions and restrictions impose. b th. approved a tion. 5. Well, authorize _ •oc st'S •,, r.x' 'X c A%. (.4 to act as our/my representative in any matters regarding I Is o titipn i'4''luding i through 2 above. 'Notes: • If the applicant Is A corporation, then it is usually executed by the corp.pre& or v. ores. • 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. Undo pe 41 the of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the •<ct , ted n it are true. • 1/,.,.&-eoj-7-- � ---- --. _ , t 11, -Igneture STATE OF FLORIPA COUNTY OF COWER The foregoing instrument was sworn to(or affirmed)and subscribed before me on frith- i/I (date) by Jam. w' P 3 4,12 r (name of person providing oath or affirmation), as who Is personally known to me or who has produced (type of identification) as identification. � 11• w. 9TAMPIS AI- Sig re of Notary Public 90' ; JAMES W.0IESEt. f•: • MY COMMISSION s FF93q'$gci EXPIRES NOm Sbir 29.2iq ' Am$i�e.ohta notioNotriedroosay. , CP\O8,COA.O DI f 511;15 REV 3124/14 2017 FOREIGN LIMITED LIABILITY COMPANY REINSTATEMENT FILED DOCUMENT# M13000003858 Mar 01, 2017 Entity Name: 4011 BELAIR LANE, LLC Secretary of State Current Principal Place of Business: CR8081048683 6297 HIGHCROFT DRIVE NAPLES, FL 34119-8496 Current Mailing Address: 6297 HIGHCROFT DRIVE NAPLES, FL 34119-8496 FEI Number: 46-2903564 Certificate of Status Desired: Yes Name and Address of Current Registered Agent: CRAPAROTTA,SALVATORE A MEMBER 6297 HIGHCROFT DRIVE NAPLES,FL 34119-8496 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: SALVATORE A CRAPAROTTA 03/01/2017 Electronic Signature of Registered Agent Date Authorized Person(s) Detail : Title MGRM Title MGRM Name CRAPAROTTA,SALVATORE A Name PAGANO,DOMINICK Address 6297 HIGHCROFT DRIVE Address 4261 BRINWOOD City-State-Zip: NAPLES FL 34119-8496 City-State-Zip: NAPLES FL 34119 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 Date ADDRESSING CHECKLIST FABRIZI DOCK 181 TOPANGA DRIVE NAPLES, FL 34134 1VIARCH 2017 PREPARED BY: TURRELL,HALL & ASSOCIATES,INC 3584 EXCHANGE AVENUE, STE B NAPLES,FL 34104 ie-r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.collieraov.net (239)252-2400 FAX (239)252-57, .cEIt (C' �, f� f �� r 4 ,q-,41. . :.'�::=x-I. -?,._ � �::_;. "1„C--:'1... =- ... :,.dr...., .1-._... , a..1_�i. ...._.._M _.. :.•ZM _ a .:--.#..�. ..ax. Please complete the following and email to GMD Addressing a©colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing Personnel prior to pre-application meeting.please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) 0 SDP(Site Development Plan) [l BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit 0 SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) 0 SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) 0 SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change-Unpiatted) ❑ PNC(Project Name Change) 0 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 Fin 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 6 T h zc` 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 project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) CURRENT PROJECT NAME(if applicable) Fabrizi Single Family Dock PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR or PL# If*77' �ounty COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.collieraov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: ❑ Email ❑ Fax [J Personally picked up Applicant Name: Ezio Fabrizi Phone: EmaiUFax: 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 3. ip D f Folio Number Folio Number Folio Number Folio Number Folio Number fr Approved by: C. `"" G`t`cfi Date: l ? I l / Updated by: Date: 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 tosowier CM*I y COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.collieraov.net (239)2524400 Pre-Application Meeting Notes Petition Type: BDE Date and Time:,Januar)3,2017 at 1pm Assigned Planner: Eric Johnson Engineering Manager(for PPL's and FP's): Project Information Project Name: 181 Topanga Drive (Belair Lane LLC) 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 "4 ' 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#: • worfCo r 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 Pt fi201600°.3 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 252-2361 StephenBaluch@colliergov.net ❑ Laurie Beard Transportation Pathways 252-5782 Lauriebeard@coiliergov.net LI Rachel Beasley Planner 252-8202 , rachelbeasley@colliergov.net ❑ Marcus Berman County Surveyor 252-6885 MarcusBerrnan@colliergov.net ❑ Madelin Bunster Architectural Review 252-8523 madelinbunster@colliergov.net ❑ Mark Burtchin ROW Permitting 252.5165 markburtchin@colliergov.net • George Cascio Utility Billing 252-5543 georgecascio@colliergov.net ❑ Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heidiashton@colliergov.net ❑ Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@colliergov.net ❑ Eric Fey,P.E. Site Plans Reviewer 252-2434 ericfey@colliergov.net ❑ Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@colliergov.net ❑ Nancy Gundlach,AICP,PLA Zoning Services 252-2484 nancygundlach@colliergov.net ❑ Shar Hingson East Naples Fire District 687-5650 shingson@ccfco.org ❑ John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net • Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net ❑/ Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphries@colliergov.net lY, Eric Johnson,AICP,CFM Zoning Services 252-2931 ericjohnson@colliergov.net ❑ Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net 1 Stephen Lenberger Environmental Review 252-2915 stevelenberger@colliergov.net ❑ Paulo Martins Utilities 252-4285 paulomartins@colliergov.net 0 Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto@colliergov,net El Jack McKenna,P.E. Engineering Services 252-2911 jackmckenna@colliergov.net • Matt McLean,P.E. Principal ProJect Manager 252-8279 matthewmclean@colliergov.net I i Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz@colliergov.net ❑ Annis Moxam Addressing 252-5519 annismoxam@coliiergov.net ❑ Stefanie Nawrocki Planning and Zoning 252-2313 StefanieNawrocki@colliergov.net (_.l Mariam Ocheltree Graphics 252-2315 mariamocheitree@colliergov.net _ Li Brandy Otero _ Transit 252-5859 brandyotero@colliergov.net G Cv•Iir Caic•nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 ''"'\ ❑ randi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net g Fred Reischl,AICP Zoning Services 252-4211 fredreischl@colliergov.net ❑ Stacy Revay Transportation Pathways 252-5677 stacyrevay@colliergov.net ❑ Brett Rosenblum,P.E. Utility Plan Review 252-2905 brettrosenblum@colliergov.net ❑ Michael Sawyer Zoning Services 252-2926 michaelsawyer@colliergov.net ❑ Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net ❑ Chris Scott,AICP Planning and Zoning 252-2460 chrisscott@colliergov.net ❑ Daniel Smith,AICP Landscape Review 252-4312 danielsmith@colliergov.net 0„ Ellen Summers Planning and Zoning 252-1032 Ellen5ummers@coiliergov.net Lie Scott Stone Assistant County Attorney 252-8400 scottstone@coliiergov.net ❑ Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net ❑ Kris Vanl.engen 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@colliergov,net • Christine Willoughby Planning and Zoning , 252-5748 ChristineWilloughby@colliergov.net Additional Attendee Contact Information: Name Representing Phone Email { ' nark er wia• Ca T ty . COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Meeting Notes 1- 'At • TIP ifyi'uv) io Iril.Vm,P .ili(d L ethAS f aikt _. PR o S t B� .i?' t i41 L S S.frU 4.6, „-1.-. l.✓ Irvbxii V 1 C„„ k5tTti �L- ' I ..tom..\I • v s r j r►' 4 a1v..- R 1 p ► . _Ler „g•� _ • -._.. , A "C ts - 1 OS 4,4, vs ,, 1 QTc e / Co er County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coliergov.net (239)252-2400 FAX:(239)252-6358 1 PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate;typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks,additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel(s)described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) 6/3/2014 Page 4of7 surt."4„,„„orosgmto,„„C° Cf°1411tY COLDER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement,shoreline configuration, mangrove growth,or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present,compliance with LDC subsection 5.03.06 I must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) 6/3/2014 Page 5 of 7 Co , r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colllergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and nal Submittal Requirement Checklist for: I 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 at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW OF REQUIRED NOT COPIES REQUIRED Completed Application(download current form from County website) (off. LTJ/ p Signed and Sealed Survey &,® t 0 r 0 Chart of Site Waterway 4 [71 1 [1 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 (o ; Q ❑ facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. Affidavit of Authorization,signed and notarized 10 0 Completed Addressing Checklist 1 ❑ Electronic copy of all required documents *Please advise:The Office of the Hearing Examiner requires all materials 1 L n 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 Aorlhothawormemowicounty COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coiliergov,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: VEnvironmental Review:'See Pre-Application Executive Director Meeting Sign-In Sheet V Addressing:Annis Moxamraphics• >Tci.�[GJ� 0 City of Naples:Robin Singer, Planning Director ❑ Historical Review Comprehensive Planning:See Pre-Application ❑ Meeting Sign-In Sheet ❑ Immokalee Water/Sewer District: ❑ Conservancy of SWFL:Nichole Ryan ❑ Parks and Recreation:Vicky Ahmad lier County Attorney's Office:Heidi Ashton-Cicko 0 Transportation Pathways:Stacey Revay ❑ Emergency Management:Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay _ Heartlock isr Engineering:Alisoa.Bradford t C'I�a 7 0 lwi� Q Transportation Planning:John Podczerwinsky ❑ Other: ❑ Utilities Engineering:Kris VanLengen FEE REQUIREMENTS: ❑ Boat Dock Extension Petition:$1,500.00 O Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 El 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 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-577 Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting. please allow 3 days for processing. Not all items will apply to every project Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. emeemeenr PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) j] BL(Blasting Permit) 0 SDP(Site Development Plan) D BD(Boat Dock Extension) 0 SDPA(SDP Amendment) ❑ Camival/Circus Permit 0 SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat 0 SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) 0 SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) D VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) 0 OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) SOUTHPORT ON THE BAY UNIT ONE LOT 88 S b T 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 project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) CURRENT PROJECT NAME(if applicable) Fabrizi Single Family Dock PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL# Co ler County COLDER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for,or already appearing in,condominium docurpents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: ❑ Email ❑ Fax {] Personally picked up Applicant Name: Ezio Fabrizi Phone: EmaillFax: 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. 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FABRIZI RESIDENCE 181 TOPANGA DRIVE NAPLES, FL 34134 SUBMERGED RESOURCE SURVEY JANUARY 2017 PREPARED BY: TURRELL,HALL&ASSOCIATES,INC 3584 EXCHANGE AVENUE,STE B NAPLES,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 Lutjanus 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 (Lutjanus griseus), Sheepshead (Archosargus probatocephalus), Stripped Mullet (Mugil cephalus), and a few Common Snooks (Centropomus undecimalis). Negative impacts to submerged resources are not expected with the proposed docking facility installation. Page 3 of 3 FABRIZI RESIDENCE SUBMERGED RESOURCE SURVEY JANUARY 26,2017 m ` • f Bottom Sediment along mangrove shoreline, muck with shell & oyster debris Muck with shell & oyster debris Page 4 of 3 FABRIZI RESIDENCE SUBMERGED RESOURCE SURVEY JANUARY 26,2017 0 y r Oyster shell & debris along shoreline Page 5 of 3 DEP PERMIT FABRIZI DOCK 181 TOPANGA DRIVE NAPLES, FL 34134 MARCH 2017 PREPARED BY: TURRELL,HALL& ASSOCIATES,INC 3584 EXCHANGE AVENUE,STE B NAPLES,FL 34104 C epa,t. Florida Department of Rick scott ei. Governor 40 4 Environmental Protection Carlos Lopez-Canters ,; Lt. Govern South District • .° Post Office Box 2549 aid` Fort Myers, Florida 33902-2549 Jonathan P. Steverson tos P• SouthDistrict )dep.state.f/.us Secretary January 19, 2017 Ezio Fabrizi 4011 Belair Lane, LLC do Turrell, Hall &Associates, Inc. 3584 Exchange Ave Naples, FL 33901 JeffAthanaples.com File No.: 0349895-001 EG, Collier County Dear Mr. Fabrizi: 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: .mss 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. File Name:4011 Belair Lane,LLC File No:0349895-001 EG Page 2 of 7 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(l)(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 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 II, 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 (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 AoRPOON 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 file 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 of time 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 Agency clerkAdep.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(1)(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 File Name:4011 Belair Lane, 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.Steeves(a,dep.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, f f fy, 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 fdep.spgpa,usace.army.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. 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J I- � 4+ ‘+ ♦ + + + +( H s LI a + �' + + Q Q \` + + 1+ + + \\ !, E m D:1118/.1-e4I¢i 181 to(anoMCAD1PERMIT-STATE11104 FABRIZI STATE.dwa PRISPO RIMMING 1/18/2017 - 4. • • • I I ,cps Q Z b b A 1 £ o o S x is D t w mx azzi.0 aana. - ay 1. Z°irW xaa wa �wz 3a • Ewx era.. w‹ arr OD P �KO ONS 'EA Rill j U p r'f5=o oda affig 0"- LLL > 0 QI zz,D��3gQ °� , o 41 In K g 2 8U>Z°! ??w K Q 10 °P )-Soa�3woa - X p O NZo>ai�F �f naa i �wW.0 alloo ori r LL 3 Ffdda of awF a,P i I ft Et i p a • U o j0 r 0 , tii U 1 1 ! I Y ■ ■ e 1 ® W ' it ci': - CL 0) fl Hf Wi -- 1_ 1, /W 'ij/OU -1 1 — zo � s..o b Q v-ci a. � 2 2 i 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 permittee's 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. 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. CONSERVATION EASEMENT Q I43k6B3 199(1Not+ 29 PR 259 , DCWAR$%ENERVATION EaSm84APRDED STATE OF FLORIDA ) SS. RfC COUNTY OF COLLIER ) PPM Doc-at KNOW ALL MEN BY THESE PRESENTS that for and in consideration INT-----of issuance of State of Florida Department of Environmental N411.....--Regulation Permits Numbered 111501035 and 111703605 in the name of p -_ SOUTHPORT VENTURE ASSOCIATES, a general partnership and other good= • and valuable considerations, the receipt of which is hezebyeo -- acknowledged, SOUTHPORT VENTURE ASSOCIATES, a general partnership,5e ("Grantor') has bargained, sold, conveyed and granted to the STATE% 4n or FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION ('Grantee"), 7451 Golf Course Boulevard, Punta Gorda, Florida 33950-9359, a non- eXclueive conservation easement in accordance with Section 704-06, rlorida Statues (1985), in and over the real property located in Collier 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: zn ce a. No construction or placing of buildings, roads, signs o billboards or other adverti=' ••, '•!il es or other structures oca any kind whatsoever on • - 6 e • -• the property shall undertaken without p • ••y o =.tee• GO b. No d �► - • acing of _• • her substance whatsoever or • •• ... • placing of trash, a fr unsightly or offensive mat-. i- •. the property. rl^' c. No rem.•a • - - • ction of native t os, hr•ubs, or other veget-tion •n • •rope • d. u. exc vation, dre• 1 = o removal of loan, -at, gravel, soil, roc• or • r y t•. - as t• affect the surf.'e on -'1• y 1 111 e. o su. -use - c:• o -—. t t •�rmi the land or water are• lk n p•,•om on 1 ! s natu�•1 on. lion the property. , .. •( f. rl'••tivities detrimental to '-i ainag:, f. .A control, water ma , water conservation, tater qua ' erosion control, so • servation or fish or w• A e =•i•- - servation on the props eitg. No a itter .ses detrimental 'o such ritako. of land or water area on t t.y - it- Grantor a ielks .- . -n: = •=11 maintain the real props e. - , on- 2. Provided, however, . ,ement shall not preclude the following specific activities'from being undertaken on the subject property as authorized pursuant to the above referenced Permits Numbered 111501035 and 1)1703805• a. The placement, construction and maintenance of ramps and walkways for access and single family boat docks for property K owners and associations of such property owners within the a•F'ot Southport on the Say subdivision, provided such access ramps or wtoo walkways do not exceed 4' in width. ez Ho h. Maintenance of mangroves located adjacent to residential >+ � lots within Southport on the Bay Subdivision provided such w®a mangroves may not be trimmed to a height of less than ten (10) e�„ feet. xmm 0.01-1 c. Grantor retains and reserves the use of the property for zrez any and all purposes which do not interfere with and prevent the mm-emI uses herein granted to the Grantee. Y yam: n 0 I 5 7 5 1100994 OR BOOK PAGE 3. In the event of violation of any covenant contained in this Conservation Easement, Grantee shall be entitled to pursue all available legal and equitable remedies, including injunction. 4. Grantee may, in its sole discretion, transfer its rights under this Easement to such other state or local agency or to a private or public organization provided same is dedicated to the conservation and preservation of land in its natural state. 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 costs 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 Easement, including the maintenance of enhanced or created wetlands in the vegetative and hydrologic condit e. e.uired by the aforementioned permit, and Grantor doe= =ti""S•• .. ,41.- and hold harmless the Grantee from same. •- _; 'il ' .4.e •n hereby granted and the obligation • .:• Ask— land forever predominantly in a and '''• tion as herein specified shal the land and s • upon the Grantor and ' a , :score and assigns, and -- aure to the benefit of t - G - -e and its successors and a gns. The t-•.•s a . ,nditions • les Co •.rvation asem nt may be enforced • ,tthe :ran' „ njunct ve - i=. and of -r =..xopriate available r-. =• es, and . an . consents that v-nue or such enforceme a- i•• • •;1i s n the ci cit ourt of the Seco.. J • c • c - "'�" -da. In any enforceme t ac on in .ch G is :fa ee . ail be entitled to Y-co-er r-as• . e • I s d .sts in the trial a ap•: la a c. is a.• n o t`- c•'.-t .f .-storing the land • e n �n:=i -g a e and tt to i ndition existing - e. - Con • T.m7la'o ` r . nt or to •the -,, eve and hydrologic •.;dition re. •. . by the eforementi• ,-. .ermits- These remedie -re ad. to any other remee a or penalty which may •A •pl ab - • ,.i r Chapter 403, Flori•: t tea. 4,7 Any fo •edtn - en behalf of the Gra 0 ercise its rights in the "e the failure of Grantorc. .. y with the provisions of h '•. ' -rvation Easement .e deemed or construed to be • ��, R'= le Grant- •---reunder in the event of any subseq.- t : • # n comply. i CI IN WITNESS WHEREOF, - •era4..1.. •-s execute this Grant of Conservation Easement on the :a' - - s above written. Grantor' SOUTHPORT VENTURE ASSOCIATES, a New Jersey general partnership I By: Orion Marketing, Inc., •A/A.ii.. _ 5 1-'l-�r� a general .artner is Witness ' pe _ By -r e 1 y s - • itness • / Kennet .G uc -n,-its Presi•`nt Received S ... '.r+5°_cc c:r..:::a!y Van-0 o! •.-rI ••.eny lax CUL R _ BY. —D.C. ,o.y 0I515 000995 OR BOOK PAGE STATE OF FLORIDA ) ) SS. COUNTY OF COLLIER The foregoing instrument was acknowledged before me by Kenneth J. Gluckman, as President of Orion Marketing, Inc., a general partner of Southport Venture Associates this R 7 day .of ik4O4futitedt- r 1990. fly co ts ( " . carasiai cep.as. j eaeemarMEM acs,ue. �.�!<.Ga•t. tS L)� Notary P l Accepted: Eye • A.. 0.•ted: 11 8 90 , 1990 Bye n• Qt , 1990 STATE OF MR-, ) COUNTY OF C. IE- The ore •ing inst .i ledged =fo , me by ?hili- R. de a XKXXXXXX' Y is 28th day of , .7rrirr .( ' Imo vri4 My Commis ion , eat • (.9 This Instrument Prepared 4 George L. Consoer, Jr., Seq. HUMPHREY & KNOTT, P.A. 1625 Hendry Street Fort Myers, Florida 33901 115e4- 11ltillt "A" Lehi Macriptica of Coaeervatts"saeuaat All of that certain property designated as Conservation saaarant Area t0.1.) apse the plat of Poatkport N the lay, Unit One. ae recorded at Plot look 15, Pages SI — S1, sad the Hat of Southport on the ly, Unit troy as rttorded at Mat look 1i, Pages 100 — 101, both rtcotded in the public 1acortle of collier County, Florida. c► o Cb tri C) � � t c • C7 w m (1.1111171;? crs 1:1E r iYYL!: . RESTORATION PLAN RESTORATION PLAN 181 Topanga Drive Folio ID #74435007604 S 06/T 48S /R 25, Collier County, FL 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. 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. 1 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 2 UPDATED SURVEY _....5.11,,,,2 m 541 (42-13,4, 44 •••• zna o- 40ZA = C r 4.,om rm- i ono z�ni zo mm2 E ■ 0 0 0 • D C o2tn r r a 2 44 oc 20 zN o-A PT1 a e R u R ii r ii T S2 O �r'z mGawf rz xo-a u, nro moP-v ,-, z ozz n m a g o g m o Z (n +m +m :1' ,...,ci ohm o,"mz o2 A 4422 ar" § 5 0 0 0 0 o 2 o 1Q C) I z�� r,,t _ z521:^- 02 02 41 vi cAA ,,1 ..02 yya AmOT �n�r .1;0 mo S x m m m m x ® Coy `� r 2 0 o m o A o C c o Z c�"i vv� u."irnm22 �m aeZ �1m ��'gni mZ�"4i 220 02 O 2 P ' l i R q o Am Nos A ,,,,,,,;,:v4.7..,.;,..; -T1 roA222 2n0N �0�� HnyO=Z x3 (mpmm —i £ ' P z z oA2 Z VO#4i m aZm NA0 2mpz mV O4- 41A A0 ! 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SCR..1 WOOED SURVEYOR AMR 09/41/," Prone:.239)352-6085 Webster www.dwsurVen.com Nig 1OF 1 AGENDA ITEM 3-C Co er 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: Agent: Steven P. Walthen, Manager D. Wayne Arnold, AICP Equity Piper Naples, LLC Q. Grady Minor and Associates,P.A. 2590 Northbrook Plaza, Drive, Suite 203 3800 Via Del Rey Naples, FL 34119 Bonita Springs, FL 34134 REQUESTED ACTION: The applicant is requesting a variance from Land Development Code (LDC) Section 5.06.04 F.l.a, 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 corner 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 Office SV-PL20170001467 last revised: 8/28/17 Page 1 of 8 Hearing Date: September 14.2017 �, ..._ P I _ ; 14".".""."1 1 3 , s J 1 (13 i.i. ;;,, i I! 1 p • Y . 1 e 41 It ' ) . . 2! Z Or Z ° I \ , Nati ONn xld _...y . C o cz a O 1 1 Piper Blvd Medical Office SV-PL20170001467 last revised: 8/28/17 Page 2 of 8 Hearing Date: September 14,2017 Piper Medical Office Building Location Ma• Plifq r �.,k +I La,; *A ( 11 ►� N r M t � 1, ; 110111 _ ,..., ,,,, .4 : a, . 4. ,,,...*:- oammo.0.Assf,„,..: . , , , 1 W 3 of t i ' f t f ,l. ,,N C SUBJECT PROPERTY a , a .ter._ r • 0 idi 41 A .. 't' _.. * Jr ii Piper BLVD .# ' *lir t , ! 4u t f ' 2 1 ' x . .,...a.• _ 4 +;iiisiamo. immokalee RD. ' , _1 • . s I r ate I r !• ♦' AA, , , rill 1 .. s =R ., , s Source Esn.DgaaiGrctte Y,,1t,1,,+.«- rr ' yrsnali, CNESJMrbus DS USDA,US %,E.„we. t.1^ 3' / IGPsou •...,and the GIS�aVlS.1.4.1. (4, ®ttrad%%lim it 260 130 0 260 FpF? MN I MI K.ypn.rn.•Inwl sols.'op.•1.4,,m,,•I.041.•, 6,\n I1i1.1,.. 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II Piper Blvd Medical Office SV-PL20170001467 last revised: 8/28/17 Page 4 of 8 Hearing Date: September 14,2017 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 Subject 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. 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 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.1.a, 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 { E8 p}� PREPARED BY: 0 I/ KAY , AICP PRINCIPIAL PLANNER DA E ZONING DIVISION REVIEWED BY: . r'-/-SeA. a/47 RAYMO V. BELLOWS,ZONING MANAGER DATE ZONING DIVISION 2.:2, =2 P-011- 1 ) MIKE BOSI,AICP, DIRECTOR DATE ZONING DIVISION 1 1 Piper Blvd Medical Office SV-PL20170001467 last revised: 8/11/17 Page 8 of 8 Hearing Date: September 14,2017 PIPER BLVD MEDICAL OFFICE SV-PL20170001467 Application and Supporting Documents September 14, 2017 HEX Hearing Prepared August 25, 2017 C leGrady°Minor Chit Engineers•Land Sum"ors•Planners•(,anlsrapr Architects Cd Cier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239) 252-6358 SIGN VARIANCE PETITION LDC section 5.06.08 & Code of Laws section 2-83 -2-90 Chapter 3 I. of the 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: Cell:Cell: Fax: 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 City: Bonita Springs State: FL ZIP: 34134 Telephone: Cell:Cell: Fax: E-Mail Address: warnold@gradyminor.com PROPERTY INFORMATION 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 /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 CPDD 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 CoEY County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239)252-6358 NATURE OF PETITION 1. 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 Calker County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: Sign Variance Chapter 3 1 of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application(download current form from County website) 6 n n Pre-Application meeting notes 1 n Affidavit of Authorization signed and notarized 2 n Ti Survey or Site Plan of Property 6 n Location Map depicting major streets in area for reference 1 ❑ n Completed Addressing Checklist 1 Once the first set of review comments are posted, provide the assigned project 1 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 n n 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 COier County a COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.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 he submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Own-/Signature Date Applicant/Owner Name(please print) • Applicant/Agent Signature Date Printed Name/Title 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 CPUD. 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 Grad)\Haar C k;i l n,jfn, «Land 4ut1 or,.•PlantleIN•I hu3€°c'is 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 ElGrad \liuor cm!N.nol(tr' r.•Land`knr etors•Planner.•!aw bn ap 5 t 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 Grad'yMinor (AA I ntnwels•land Sunryvrs•Plaaner* I rnt ;atxA rlyr tiirc^is AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) Piper Medical Office Building,Parcel Number 67953000048 l Steven P.Wathen (print name),as Manager (title,if applicable)of Equity Piper Naples.LLC (company, If a licable), swear or affirm under oath,that I am the(choose one)owner i applicant contract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize 0.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 thenAmp"' use the appropri 'format for that ownership. Under penaltie of ,„ erjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts sta d in i a rue. ..... LkILAI v-1 Signature 'Date STATE OF FtORtDA Off` COUNTY OF eeWtWER t'x-u_n -- 'i\- The foregoing instrument was sworn to(or affirmed)and subscribed before me on `-11 4 1 2-0;-I (date) by . v-e u-L4u 9,-4,-\;;v.,, (name of person providing oath or affirmation), as --: r' A„ c, -t _„"v- who is personally known to me or who has produced .,, c t, ,c_c t >w,;, (type of identification)as identification. STAMP/SEAL - igna1te of Notary u ,!,heli!,,,„= ' . ` ' ,''': "IAt2A 1CROTZEi2 ) .,� 1/,/ t:' ` ' .--"' ~= NOTARY PUBLIC . c FOR THE STATE OF OHIO My Co; mission Expires ce\os Cg AIN `' r!"~., � ' June 1,2019 REV 3/14,1,41; t 0, Piper Boulevard Medical Office Disclosure of Interest Information List Identifying Owner(s) and All Parties of Corporation Equity Piper Naples, LLC 100% 2590 Northbrook Plaza Dr, Ste 203 Naples, FL 34119 Officers/Owners/Managers Percentage of Ownership Steven P. Wathen 51 Dr. Timothy Verwest 49% June 12,2017 Page 1 of 1 Grad Minor C.it I i,_tpi'tlsc.+1, S(ilh'2^m,•Planners•I3C(1F,Glj?[: iv"F)iEe{'i Piper Medical Office Building Location Ma • to fir: ''',:, ,=." --,''' -- '. t, . a , , ,, , ..., , 5 t -: ' . m '�'''. t" • W '.4 .i...• ... ! T 4dt t > ,_ a ° -L, ' w �.« S. �� SUBJECT PROPERTY , "' L 1 it „ ^, � fin �"'° � ,,, ��I` - �� p � � � Pier BLVD - . wa Immokalee RD a , + a .. illo*, � ' ' - a € a -4"'„,".4.-r-,2 :4,---'. „s 1,,- : ..„,,- — -4 -,. .'''' -..-.:1.!! -1., I. , '",'''-ft r t, ,,o,, , • 4 ow SY .. FAL '6 % y �' °' Source:Esri,DigitalGlobe.Geo' 5rhsda Geoar. n'I 4. ` CNESJAirbus DS;USDA US' E', 6maap ® erogrid, ` IGP,swisstopo,and the C'S Use Com unit i ©Grady?1Zinor 260 130 0IM a 260 Feet CMI Engine.CI•Land Surveyors•Planners•Landscape Architects m zce e(&/zl/e M.n moN\sueiu,Tse+.oi o\o3nnTT�-�md\ x3>«�xd\-� V. b fij —�_z__ I n Q s � c� „ U co ' - - t z — . ~ U — — — — E,. 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Ep Y ? b e$$�e . q 3 a� xp8 _ w w ___ k a Eol4 7'1 a[ I� 545.E ! !!4-!,:!6 a ga ¢ Il.! .F t 11. i i Eat g 12 12 $1}1!1;5 i 1J I ggI : I: b4 S; I :di0 0 sgYg 1.Y ' `3,aw• ' Y. ____ I KS-Y 1 - q'a rii4 m E;ii g 10 @€ Yz88zba _ e7Y a 0 x! w Bx Ee5 c90yg`a Ac °p@ a ■L moi, '_ n Bii • : 0 2 s�Y- la:�tstlp: $, $ i 11 11 c r £ 11 ci K S Sa 3b' 1 1, Ei E E s EaY iiiagai$F $ e! ,i - S%IX i ga 1 '1i 1 'alb Z-MEM a { gY d -1.;t. s3, € w of Ria td4 � :4 . 1 ri ap A5 — i 1 m Ei1,61a$! .s ` g!I s 0 i ! vY i- eXe I • i, 6y b.Qb. € { ��p �' 6 r i EE 2 XY A '1 i� ; 115,5i.� E1 iK baa i Y� _i €g apEaK� y E a 6Epp: 1 �Y E !a hb ; _ 526 iaa i 8 w Y� 1 ■ si66 ! kY g ¢g¢¢ 4 fEyy Y i< C Sb C a 11 X22 7 i I a2 Et ki-s it G .:gl . 3 a 9 1# :1 4 '' 51 a 1i 9 i 1• . p 06 up I I 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. So R c'+ iard B. Hielscher President—Piper Blvd. Land Condominium Association I, Li.(`1 ice- (-4t I(6k a Notary Public in and for said County, in the State aforesaid, do hereby certify Richard B. Hielscher , 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 voiu. ary .ct of said com.. y, for the uses and purposes therein set forth. GI EN u .er my h.,.. . ot• .I eal,this 1 day ofd n✓ ,2017. s, s• •#iR LSEAL (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: Rickh@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 COMMERCIALOMINIUM This Declaration of Condominiartcd Piper Blvd. Lanett dominium, a Commercial Land Condominium (the "Declaration}) °ts' made this 18th day"of February, 2014 by Lock Up - Evergreen Development Series`LLp a Delavhare-limited liability company (the "Declarant"), for itself and its successors, grantees.and , 1. PLAN OF DEVELOPMENT} )Thpi [boyar trOwrs the fee simple interest in certain real property, hereinafteK desc edf in,nt is to .cdpvert:said real property to the hip; condominium form of ownersand hereby makes the followin94eelarations: Piper Blvd. Land Condominium,\,abmmercial Land Cod ttrushall be a Commercial Land Condominium containing two (2) U ip`as set forth herein f 2. LAND OWNERSHIP. Tf e- eCfarAnttynt—and intends to develop a commercial land Condominium to be known as Piper BTvd:: _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 meanndz,refe ';t PIPER BLVD. LAND CONDOMINIUM ASSOCIATION, INC., a Florid4triotl0r4prgfit.::;e4tination, the entity responsible for the operation of this Condominiums, 2' / d` 5.4 "Association f ropeftY" sfialtmear attd refer {o all, property, real or personal, owned or leased by the AssociatItSn urethe use and benefit bf the Unit Owners. \t 5.5 "Board of Dire "rsl or-7Bdard" 4tiaieaca refer ;to the representative body which is responsible for the dtn radon s f he Assoryia ion!saffairs, and is the same body referred to in the CondorpI nurn Act asifrb-"Beat .of Adt tit'tistr j9n". 5.6 "Building"shalt,1174n`and refer to any b di tg,. bitucted within a Unit. 5.7 "Bylaws" means tthe_B .sof the Ass °atf+l attached hereto and incorporated herein as Exhibit"D", as amended,f `ri'lttriie{ � 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 or lessee;.? 5.18 "Land" shall meaq_ refer to the're I"pro,perty described on Exhibit "A" attached hereto and incorporated herein, and any°rother`,real property added to the Condominium pursuant tb th prOVrt1ionshere.af. , 5.19 "Lease"shall meyarrartcl ref to,tt "rga t try a hit Owner of a temporary right of use of the Owner's Unit forlIalluab1g cbn4ideratiia ' �\°` t w. k / 1 �, 5.20 "Member"shallrie r and refer tom, mbet; the kssociation. 5.21 "Owner"shall \and refer to the ret bold title to a Unit.. . 4 5.22 "Percentage Inter4str t►allmean and ref ,.to each Unit Owner's undivided ownership interest in the Common tiements: C 'on Surplus, as set forth in Section 7.1, below. ' 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 Piot 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 OR 5009 PG 2393 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. er shallJegally identify the applicable Unit. . — ' 7. CONDOMINIUM PAREia 'APPUR ,,'{ Cg NAt' AND USE. 7.1 Percentage Interests.The•percentage Inte estappurtenant to each Unit shall be as follows: 7 ' _ = c----N I( r'c- 1ii S`gvey- rata(70%) { 1 r^";\ nit2 in erdOnt(3Q 7.2 Appurtenances\to Each Unit. The caner9f..e th Unit shall have certain . rights and own a certakilnterest in the Cort on irtif x Property, including without limitation the following: ti `` ; 7.2.1 An undivided Vii ttkire->rt the Common Elements and the Common Surplus,as speci"frcally=get-foith 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, irL alt - 'o--`bf.t ie Common Elements or Association Property, and ton, - -.4 ements. or relocate any existing access easements in any&21 rlvnf of the Com—Mort Elrents or Association Property, as the Association'shap'Vdeem necessary or desirable for the proper operation and maintenance,Of the Condominium. Such easements, or the relocation of existing easements, may not prevent or_unrea`shnabty interfere with the use of the Units. The Association paw-also s£iwm,+tle --utr}4 related equipment, facilities or material, aid tgftake any otter dcn kxsti'sfy the requirements of any utility company or t,,o ternmentat ager1c r , which any such utility related equipment, facilities or inateisralfe to bei-so tt`ar ferrel -Norj-eiclusive cross-easements are hereby granned, favor of each Unrtfor aCcesaT44,1 repair and maintenance of underground:water and sewer facilities.as th¢-s` he may be located and exist from time to t :ho far the purpose of prb rric`tiveter and sewerservice to the Units. 8.2.2 Encroachments. tf';Upit-(prarry"improvement on a Unit) encroaches upon any of the Common Elements 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 Drainage Area Ease r trb i',exclusive drainage easement("Drainage Easement") is hereby established over certain portions of Unit 1, for the benefit of the Owners of each/daft, as depicted on the plot plat attached hereto as Exhibit "B", and incorporated1retn..-.The Drainage Easement shall be maintained by the Association and full serve as dry-detention area for the Condominium Property. f Ji \ ;\\—y 8.2.7 Dumpster Access asein onpIusive access easement ("DumpsterEasement") is thereby established vfrr,certain portions of Unit 2, for the benefit of..Unit 1 for the placement and us e'of the dumpster(s) located upon Unit 2 location of Tthe Dumpster Ei m'ent is described on the plot plan attached hereto as Exhibit"B and into orated herein. 8.2.8 Cross-Drainage E'aseipent: ,/ t zclusive cross drainage easement shall exist over the Condom Property, 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 govemmental 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 actiOithe Association by reason of being an Owner. 9.4 Powers and Duties be powers and duties of the Association include those set forth in the Condominium Act-and the Condominiur Documents. The Association may contract, sue, or be sued withif,e pectykilhe_exercise 'or non-exercise of its powers and duties. For these purposes,the POViers of-the Association include, but are not limited to, the maintenance, management„repd-o < ihre.,eondominium Property and Association Property. The Association has tt 4 power to'ehtec'ikto greements to acquire leaseholds, memberships and other,,Owners ,°�pose -ror--,,)use i tterests in lands or facilities, regardless of whether thg nds ar faeititiiere- ntigEferuA to tbeiCondominium. 9.5 Official Recorq Te Association shat j intafZ.5 official records as required by law.The records shall be ofi*ri'tc inspection by memb.rs pf their authorized representatives at all reasonable times. The,,rtgJiIio+inspect the reo4 includes a right to make or obtain photocopies at the reasonable thegtieiseeking 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 Votingrtnteresfs priorto the payment of, or contracting for the payment of, legal fees to any40cpmengagad' 1 the Association for the purpose of commencing any lawsuit, ottr` r#`b► tor the following purposes: 9.11.1 the colfectidn bTAS- m sessetlts:_,� \\ /` \ 1 9.112 the colle4i71 ,p —"ThJ�,ri1t�P' f rs are obligated to pay; 9.11.3 in an +eriiefjeP 'v�raiing to3ol#tairi* approval of the members creases"4 s ibstanttaT nsk o`t arrepafableit firy to the Association or its membes4or `'5,,. f , ,. 4 I 7.- , • 1 .q» ( , 9.11.6 filing a cgmp''tjjsorycounterclaim. ',' 4\\'' ''.e"5 ,--;.-----4"+ .„._...,..�....^"-."„: \V The foregoing shall not reclude er 'it � for, or contractingfor the payment 9 9 P � �Y 9 P Y of legal fees for the purpose of commencing riawsuit 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 came'diepriotto the transfer and remain unpaid as of the date of the transfer, without prejidictto_ hy-�r$#hthe new Owner may have to recover from the previous Owner any past 4 arriounts paid by the new.Owner. 10.5 No Waiver orExcu '1rOtti-Payment. The liability for Assessments may not be avoided or abated by waver b 'the use,or enjoyment of any Common Elements, by abandonment of the Unit D#t +tti h t e` ss� entsrar.P;=fnade, or by interruption in the availability of the Unit or the Conitfion Eierrgnt,;for apyOason Whatsoever. No Unit Owner may be excused frorrie,p4crn nt,=Of iis:=sbarercif thO, gorn ori Expenses unless all Unit Owners are likewise pt ortlan4ely ekeUsed-fr61'n pat, ept as otherwise provided in Section 20.3,below(as tp,certain first mortgage*. ' " 10.6 Application of Payrnents; Failure to Pay; Interest. Assessments and installments thereon paid on or before ten Alctkdays after the,,date,due shall not bear interest, but all sums not so paid shall thereaftefb ay,irteres ` 'fh&htgtiest rate allowed by law, calculated from the date due until paid. T1ie,As:gocrati iay also impose a late payment fee (in addition to interest) to the extent permitted by law. 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. The..AS ap -lien for unpaid Assessments shall be subordinate and inferior to th `re b�. cd„944. 4stvmortgage, but only to the extent required by the CondominiumQ)C as amendecrfr4tAlvie to time. The Association's lien shall be superior to, and take.priority over, any other tgage or lien regardless of when the mortgage or lien was recorded except as otherwise expressly provided by the Condominium Act, as amended fromAime to time.`Any lease of a Unit shall be subordinate and inferior to the Association's-- ep f i l ofwben4hejease was executed. 18 } v \ J/ 10.10 Foreclosure of Lien a TheAsciciithorijiiay,ruing attraction in its name to foreclose its lien for unpaid Assessments-1n tFte-ta�anner"provided n :Condominium Act, and may also bring an action to ,recover a money judgment for tree eunpaid Assessments without waiving any lien rights. • 10.11 Certificate as to Assessments. Within f#eeh(1.6) days after request by a Unit Owner or mortgagee,the Association shall provide a certificate(sometimes referred to as an "estoppel letter”)stating whether all A siessmen antf other monies owed to the Association by the Unit Owner with respect to the Condominium 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 damage.___ 11.2 Unit Owner MaintetianWiiess specifically assigned to the Association in Section 11.1, above, each",U ►Vowner is respoileiblei, at his own expense, for all maintenance, repairs, and replacements of his or he0slnit,,together with all additions or improvements added thereto1Tf e Owner's.responsibilities\iincicide,without limitation: 11.2.1 Day to daT aild ex°fr tr tnai itenance, repair and/or replacement of any Buildings)that be ct nstru d firmtime,to time within a Unit; • / . 11.2.2 Ma` atie and"fepalr O.;outdoopr v atIkWays, driveways, sidewalks, parking lot ligtttiti' and parking lots (ihcluding r,#acing and re-striping) within the Unit; % 1 . ' ` . . 11.2.3 Maintenance.af-alhoutside l_aads#1cazand irrigation within Owner's Unit; 11.2.4 Maintenance ''fo --alt=b y-it1(r tructure 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 CONDOMINIUM 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 borne 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 po „ �f nr. Common Elements, whether with or •' prc without Associationat°-maintenance,. ucci`owner shall be deemed to have warranted to the-°t e'c rant, the Association° 2nd its members that his or her contractor(s) are`property licensed and fully nsured. In addition, such Owner ("Indemnitor")shall indemnify and hold.harmless the Declarant, the Association, and all other Unit Owners.(collectively'the "Indemnitee"") from and against any loss, costs, expensex othabiihty spcu'n'ed by the Indemnitee caused (in whole or in part) by an jntentii nat orineg gejltsacl c r,, person and r late # fission of the Owner or any other d to x e perfor t}c ae of�pn repairs, maintenance, alterations and/or addittor `jih-thelntde'' 'o4tilnit ortGohtniolements. 11.4 Alteration of Units°,or Common Elementst `Ulriiit'Owners. Except as provided in this Section 11.4, an Ovine#stall not make any alterryntiQns,or additions to his Unit which would add to or remove any:por ibn..of the Common rnents, nor do anything which would adversely affect the safety or 6ul :ess--of r*`porttbn of the Condominium Property. Subject to the foregoing, a Unit Ownerissiathave. the`right to make alterations within a Unit without the prior approval of the Board so1ong 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 Property. 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 attomey's fees and other expenses of collection, if any. 11.7 Negligence; Damage Caused Condition in Unit. The Owner of each Unit shall be liable for the expenses of any maintenance repair çr replacement of Common Elements, other Units, or personal proper >made necessary by*or act or negligence, or by that of any member of his or her giJeets, employees, agents°o?tenants. Each Unit Owner has a duty to maintain his or her U,pit and improvements, fixtures, and personal property therein, in such a manner as to prevent-foreseeable and reasonably preventable damage to other Units, the Common Elements t-lt*ptape y o&tether Owners and/or occupants. If any condition, defect or malfuttctppn siiltibg 1fror tl)eOwner's failure to perform this duty causes damage to other nif , t • Cofnrndn Cements, Association Property or property within other Units, Building 'bvifner ofthLdffending t3ni{Sall be liable to the person or entity responsible for repjring the damaged property for atl sts of repair or replacement not covered by insuranccktf,one or more of theilfitsjintbrd is not occupied at the time • the damage is discovered; e,,Association may eriter•at ``Unit without prior notice to the Owner and take reasonable action to mitigate .damage or prevent its spread. The Association may, but is not obligated o;-repair--thr atamage without the prior consent of the Owner. 1 — 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 Skins, 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 CONDOMINIUM OF PIPER BLVD.LAND CONDOMINIUM 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 occupant,,sh kperrn :Any obstruction or the storage of any merchandise, packing container paalte ehictes,.o'e\other materials to be placed or kept in such areas. Such items shat/J'e taken directly to`a,`,pubhczdumping facility for disposal or shall be promptly towed to a itbr✓age lot at the Owner's a pense. 12.8 Square Footage. `The `ov�tir gf-Unit 2 shall not:construct a building within such Unit containing more than 1 `- � fcor rts ef space. ''r 1 `� ;` v/ I 13. SALE, LEA£lt LSttEASE UNITS TIere all be no restriction on the sale, lease or transfer o .a tUni a`nd any Owner'desinn to 41klaase or transfer their Unit is not required to obtain tfhe-approval of the Association nor,,is,,Lgych Owner (or such Owner's grantee) required to obtairt �ertificate of approvtociation. _ 14. INSURANCE Insui e.....shall be crr4er ,hand kept in force at all times in accordance with the following pro.vlsibM 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 tire, 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. DECLARATION 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(11)(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 specificationscar ,net..available, as they existed at the time the unit was initially conveyed." `'� ', COLR'''-.,, sr 14.4 Required Assod tiara Coverage. The As ;.. so iatiion shall maintain adequate insurance covering theommotr-Elements as well as a't;Ass©ciation Property, in amounts determined annually bIthe Board,,pf Director ,',such irtisurance to afford the following protection: �` ' \ r' 7`7\ l` ,I j E 14 A.1 Property. Loss-' or arnage"1 y '=,,1r p, extended coverage (including windstorm) vandalism' and malicious mischief, Mast,other hazards covered by what is comrnopfy known as an"All Risk"property contract, if deemed necessary by the Board ,'l \recognized that the ,£ ociatror+.'�vill own little (if any) property, and may electt6 'insure the same. / .) ; °er^',.., . ,,SL.,'f 14.4.2 Liability. Premt`�sP e7,1ar►d-operationsjia1 iiity for bodily injury and property damage in such limitsbf- eiction a witfi 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 carry 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. Proceedsrop: cOu vt-ifdamage to one or more Units shall be held in undivided shares,bs ,.aioraaed, amount of damage within each damaged Unit as?pbr'centage of the totaL4,Pipage within all Units. 14.8.3 Mortgageeelfaltiortgagee endorsemerttthasbeen issued as to a Unit,the shares of the mortgageeand theUnit Owner shall be as their interests appear. In no event shall anrmortgage'#*haVettie,ripttt tor:demand application of insurance proceeds to anVimOrtgageorlmQrtgages whiclyitimal4 hold against Unit or Units, except to the_e4erit that insurance eceeds pxoeed}the actual cost of repair or restoration of the-dar°iaged`-buildtng9cr butts1 except as otherwise expressly provided, no Mortgagee shall have anyr,rightto parttoipate in determining whether improvements4phe restored after ca ltyt (Th 14.9 Distribution of Rrdeeds. Proceeds oftrrance policies received by the Association shall be distributed t6 orfOtie ito t e'"bwners 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 16OF26 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 ifs nce d available reserves are insufficient to pay for the cost of repait end eco Otttu ipn,, of the Common Elements, the Association shall pr 'p ptfjy, upon determIlatld11-.of the deficiency, levy a special Assessment against all Owners in proportion to their shares in the Common Elements for,(he ef(ciency. Such special Assessments need not be approved by the Owners. The special Assessments shafts be added to the funds available for repair and restoration 0 G tna iurn Pcperty. '8 ( is i 15.3 Application '-of l?sura cd pritpceeds} It shall,be presumed that the first monies disbursed for repair and ratienisi a#r€�cr the insurance proceeds. If f there is a balartCe in the funds held by,thetAseoctation after the payment of all costs of repair.eatid restoration, such 1balanci shall be distributed to the Unit Owners, except; -otherwise provided in Section 15 above. 15.4 Equitable Relief In't13e f->evfi at cue Otte Common Elements which render any Unit unusable for its intended'u ,'ani.-.tri '`damage 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 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 attorney-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 chane in the total square footage of all Units in the condominium. , Y$ 16.6 Taking of Common Elements. Awards fol e tjking of Common Elements shall be used to make the remaining portion of the Common Elements usable in a manner approved by the Board of Directors:`The.balance of such awards, if any, shall be distributed to the Unit Owners in the sharetIrvvhich,they own the Common Elements. If a Unit is mortgaged,the remittancepati pa �t4 t ©wn. .end kmortgagee(s)of the Unit. t f 16.7 Amendment of,Declaratipn. kn' nisei iments to this.,,Declaration necessitated by condemnation need be oved only by the Owners Il t he Units. The consent of lien holders is not required fgt. ik such amendment = i / '� 17. TERMINATION, he'-Condominium may be terminated in the following manner in addition to the manner providetb','the Condominium lkgt1/ 17.1 Agreement_ The Condoi>'finiiutwt.t -terminated 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 BLVD_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 bee .r. mbie "ti ciN 18. ENFORCEMENT. z .__2_ V, 3 18.1 Duty to Comply;/fi:2ighT`tbSue_.... acta Owner, Itis or her tenants, and the Association shall be governed by anhshell-comply\with the,provisions of the Condominium Act, the Condominium Documents;ar� te r e -ara+ rrajations,of the Association. Actions for damages or for rnjunctiie:relief, tile frill ffilure'to comply may be brought by the Association or by a UnttPet,a_gaif1st F [ 1" I 18.1.1 the ASsc ation; ' ::, 18.1.2 an Owner'`$ "\,,, , V:// 18.1.3 Anyone who occ t pr 1.9 or 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,ConptiI ' c in the event of condemnation, eminent domain proceedings, or substantial i negete.&.destruction of, any Unit or any part of the Common Elements, the record otder of any first 'oft:gage on an affected Unit shall be entitled to notice. 19.3 First Mortgage Foredo-Sure; Unless otherwise provided by law, if the mortgagee of a first mortgage of record acgtt're lits e� °ihi Parce!as a result of foreclosure of the mortgage, or as the des It of a peed glvi in teu foreclosure, the mortgagee shall not be liable for such steno the\Commpni Expenses or Assessments attributable to the Condominium Parcel, or ct argeable"te the'former Ovvner okthe parcel, which came due prior to the mortgagee'sacaquisition of title. If the I s i requires'the mortgagee to be liable,the mortgagee's liability shall-be,limited to the am tifit 4re0red by _law. Any other person acquiring title shall pay ttefarnount owed to the A soo 3tion to record a Claim of Lien against the Unit and proceed (n;teesame manneraSkitovided for the collection of unpaid Assessments. Any unpaid spar of`C-ci[t1, nsei-for which such acquirer is exempt t se from liability becomes a Common'Exp a ibfe 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. DECLARATION 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 RIGH&AND DUTIES. Notwithstanding any other provision of this Declaration, prior to, and up to ety(90) days following conveyance of Unit 2 to an Owner other than the Declarant,the following provisions shall apply` / __ y 20.1 Amendment'of Declaratottt :The Declarant shall have the right to amend the Declaration for any purpose; "th, ' n e t4itt*,' + rttetl under applicable law, without prior notice to or consent {ror9� an Other Unit Ovinef.41otwithstanding the foregoing, the Declarant may not exeeriseSri is under thisjSectioii 20 1`if the proposed amendment will materially alter the bou t esofa Unit,without ng`tthe..eonsent of the Owner of such Unit. An amendment'`recorded pursuant to this Sectior}•°'Dj;;e only be executed by the . Declarant, and shall not're the joinder of any othr/U ';9wner or Mortgagee nor shall such amendment require theirpmder of the Association/ L-/ 20.2 Assignment.All or th$ of'ti t gtat f�tileges,powers and immunities granted or reserved to the Declarant in the ridotnirti •'Documents 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 5009 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 duly 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.The,arn idiMpt must be approved by one hundred percent (100%)of the total Voting Interes,ts�ko eikssociatjpy ,Any such amendment shall divest the Association of title and vest •tfitte1tn#fie OwnerS-withcl6Vnaming them and without further conveyance, in the same propojt(on as the Percentagelzfterests. 21.6 Correction of Errors':'If`4ftere _ts an nission\,or error in this Declaration of Condominium or in other documents r ulr -bbejElerieta law to establish the Condominium, the Association may cgrrecrthe error hr rt ispi rl b“91141ng the procedures set forth in the Condominium Act 21.7 AmendmentsofRrovision Relating to Decla nt/A-s long as the Declarant holds any Unit in the Condoritrrtii}m_for sale or leastitn the/inary course of business, no amendment shall be effective. which changes ani* provision relating specifically to or adversely affecting the DeCa is rights hereunder without the Declarant's prior written consent. �' '. fie, 22. MISCELLANEOUS. 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 Liability ot- ;S-hereby given that (i) Lock Up—Evergreen Development Series LLC is operate . Sens limited liability company such that it establishes separate series of-•,'ltmited liability Cothpariy. interests, as contemplated by Section 18-215(b) of the Delaware Limited Liability Cernifariy Act (the "Delaware Act"), and that the business of each series--is operated and managed as,a separate and independent business, and (ii) the debts/liabilities, oblI2aiions and exp` nses incurred, contracted for or otherwise existing with respect-1o_.a paa# tai., tieAshal*enforceable against the assets of such series only and not againstthe 4ssefs`tjt LO4,c t L Evergreen Development Series LLC generally or any other series thereof and unless otl erwise provided in the Limited Liability Company Agreemei t.,ctf=LOc Up—Evergreen elopment Series LLC, none of the debts, liabilities, obligat oio sr and expenses incurred, contracted for or otherwise existing with respect to Lock Up', rgreen Development.Series LCp;generally or any other series thereof shall be enforceae,,against the assets of su'cttse roe-l' • 22.9 Limitation of Manage!'Liability...___.it is expressly understood and agreed by the parties that (a) this document is executes and delivered by Wilmington Trust Company, not individually or personally, but solely as-marrager of the Declarant, in the exercise of the 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 OR 5009 PG 2413 IN WITNESS WHEREOF,the Declarant has executed this Declaration the day and year first above-written. Witness#1: Ilk •�.�._." .. • LOCK UP-EVERGREEN DEVELOPMENT Print Name:-4�. , :.•. L_1) SERIES LLC, a Delaware limited liability Company Witness#2: v/ '"' �� By: WILMINGTON TRUST COMPANY, a Print Name: p!(S Delaware trust company, not in its individual capacity but solely as manger of Lock-Up E ergreen Development Seri-I, LLC ''; .n .* fBt Nil -' vette . 'owe �,%, ;.71 -- ----�----�-- lt67s`'' AssictRnt Vice Pres!.en \ ,. STATE OF .,AQ&01:31-- 7) \------ - COUNTY OF'4 .N3 - S )1 )/ ts-~k 'l\.;;T <g\ ,i i i ii I l JI , - ,,'y i The foregoing inatrurrieit VSas �ktiov dge befete, me is aril- da 8� .{x20.14, by Yvette L 1owefl z,d5 Assist e o si nt Wilmington Trust Company ' 3elaware trust comps, net iii4s�individual capacity but solely as Manager of Lock Up t green Development eries,LLC, a Delaware limited liability company, on behalf of the ccikkgraticT and companies.,�/ is personally known to me or who produced ,,-0 "^�... as idertli�ffcatttbsn ``w k (. -r 0. u. Nota Public JACQUELINE SOLONE Notary Public-State ofDela•::a.e tltlllll ! mL n.Expires March q,2015 �� !!r j Print N �`�Q,"•"'ES ... (SEAL) •.y so y�r • EXPIRES z. - -- : MARCH 9,2015 - —Z- .- - U• ///o Fit � p11 \ 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,the ut a as ,,,,�et this Declaration the day and year first above-written. I/,) -'' a,r`.. Witness#1 ]'1J te ' _'a__._,__,The Prudentiatfinsurance Company Print Name: ria ZIVAtitAlARte%"' % ---. oFAmerica\a New Jersey corporation I i 3 .0 2l Witness#2 !tel -�- , ( ; � „, , X- Print Name: 14,.1-P G :. :�", ' _ c 01.4.4, r, _.AA 4L� i •, Name: Amyl •rrnF \. It‘r\ / /% ,/9i'cond Vice President STATE OF sr X )\-s' (7,\;'-N,,...._________Vy /-(1ri-- COUNTY OF _�(� ) C13 The foregoing instrument was ackn,,ppwvrled5�eed bef re m his ` day of \(C1.� 9 9 2014, by -NYv. 1\ s& -cls as 4' V , ,,of The Prudential InsurAnce Company of Ame ca, New Jersey corporation on behalf of the corporation. He/She is personally known to me or who produced v f as identification. . 9 fi I, (SEAL) N-”Put&alic all N.oc4 & Print Name 1 `' - E:!'1 '4oDGEs 1 _,....-' P, EXF' S. ..,. 1 DECLARATION OF CONDOMINIUM OF PIPER BLVD.LAND CONDOMINIUM PAGE 25 OF 26 I 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 -i� < �CO(- .ih f ..��. i_ �,r / // 1 \\ li l � 'o ,i t � �VNi it} I f ;;1 \e',:#1,.4.,\ ,-,.1 DECLARATION OF CONDOMINIUM OF PIPER BLVD.LAND CONDOMINIUM PAGE 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 COLUER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF BLOCK B, PALM RIVER ESTATES UNIT No. 4, ACCORDING TO_TH E PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PAGES 69;ATTIC 0VE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,'-TI EN - TH 89'26'27" WEST, ALONG THE SOUTH LINE .O AID BLOCK B'AND`LT E NORTH LINE OF PIPER BOULEVARD, AF6( fOOT WIDE RIGHT-O \WAY, FOR A DISTANCE OF 514.13 FEET; THETiCEfR1 NORTH.....Q0'33�33"'NEST FOR A DISTANCE OF 310.00 FEET; THENCE ROW Of3THt 89"26 27" E•AST, PARALLEL WITH THE SOUTH LINE OF BLOCK=;f v TTANCE E 129.00 FEET; THENCE RUN SOUTH O0'3 35; EASTA 1 1S3i`ANCE 'OF 70.00 FEET; THENCE RUN NORTH88 2 7",EAS ALLf L'WTH..;THE SOUTH UNE OF BLOCK 9, FOR Art)STANCE OF-2 f _7b. FEF ;`T! AICE RUN NORTH 00'38'55" WEST FOR` DISTANCE OF 49.5)1 FEET �'I#ENCE RUN NORTH 89'21'05" EAST .FOR�KDISTANCE OF 171.21?FE 'A POINT ON THE EAST LINE OF SAID BLtK'Q AND THE WEST -01E'OF CYPRESS WAY, SAID POINT BEING 275.7T SOUTH OF TH `NORTHEAST CORNER OF SAID BLOCK B; THENCE,.RUN UTOp .SO" EAST, ALONG THE EAST LINE OF SAID BLOCK 8, c A(- 1ANCE OF 289.78 FEET TO THE POINT OF BEGINNING. CONTAINING 3.235 ACRES, MORE OR LESS. 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 Phis Aertiticate is attached, specifically excludes all improvements), there are no mpfd+ rttOfLifvhich a certification of substantial completion is or will be requir . --- ` Stephen E.Berry , r\ ( ;i Professional Surveyor anal It =p er J Florida Certificate No. 5.?9 NOT VALID WITHOUT:TOE SIGNATURE A14D I THE ORIGINAL RAISED,SE ,L OF A FLORIDAi / LICENSED SURVEYOR A `gMAPPER / t DATE SIGNED: ck I /C OR 5009 PG 2418 Inz Z m CROWN DRIVE r.. M �^' —60' RIGHT OF WAY— - o.- coffin >,a3bo}s31re m O Rl Dm I _ y i >m a "i -.1m F, w m CO N00.33'33"W 565.56 _ 4 F O c° 2 v z p.�.Z �m I 'r1 zz • G a sn is DN b " O m -Ac0 'n I nv C N m -13 �` ovpy KN'ITli 3113"1�OD is A m XI t/7 m ` I D z x m O m r m cow [tri" I to '`yco 1 � Z_.Z7 @ QC MI Ni r o m AVM SS3MdA0 > 2 I C7 IT7 Z Nj n �o Q'IOM IHOdH^I F. 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E mC N al� --1 0m.1 [7)F,-, co 2U ' I— (.j w` Zp� 'INN2 '4 •© Mp M co N DO r OCmZ �p (/) '1 �i'�z-Ni I c-z cn D oN eiD m e 0-4p3700 v n I- wa73mm I o,AymC17 P1 ��- En =R.A I V -4x 0 m :< o N m EAST LINE OF BLOCK B --,>K M /W O"DO�.D CO m-0ND '-ma m S00°35'50"E 289.78 (O N I• Zrn-t - n u CYPRESS WAY EAST 60' RIGHT OF WAY OR 5009 PG 2424 Z Drn-nO mDL7 m m>57.1 I rIl F9 -Ntilom N00°33'33"W 310.00 mI z cn O m C CO p Z ZcnZ=OD C3 z) INS zoc70 © oAA I I ro o= Z I. m GI r- N j I z CO _ ' o in o o a S00°33'33"E < -1-1 70.00 I 0 > I m (/) q CO r co 4 m - z ri � n _ r6. o n td \_-_ `2_ £ ` R [] p--- m t ' rn o C t ' - ' P co Z n <I> \� f 1,-. / z ,,o Z C7 o c `i` oo m CD Z � C.3 Z CD CD Z Z S00°38'5 5"E 240.00 1 C I 289.51 N00°38'55"W z I o 0 coco z I o y o 70 - Z I mC r U) m mom= - y Y) a i._ U71 o it oOCmZ — Ln .Z7 N<�<Z� I W U) D o>�•mC 7J uaO_m I n ar0m"Z N a- 23 I o n�:(10 EAST LINE OF BLOCK B D©r nD - r<�a m S00°35'50"E 289.78 cn O ,0 co' N 1 Z CIID - P u crCYPRESS WAY EAST — _ — _ 60'RIGHT Cr WAY OR 5009 PG 2425 o^mo REMAINING PORTION N�mm OF BLOCK B N00'33'33"W I mo0m I I 7 70.00 0 0-0mc to o p 00 0. > N '< D rn ��p� I— )xi N D V _'ocncc m m ri '-'rSAA CO m D C rr* -< I I 0-4 p =r z-<m X2 Z m _ N -< COr m N D N -I ( z 11Z to 0 m p m Z 0 U A-a 0 O > -i m m O S00'33'33"E n m K Z 70.00 ,mO D �Z � z I W a m U) C o.- Ili rn E d '1 ` -~�%E - 0._ 5 4 Qtil11-1,\•).------Mr CO �. 4 'n Z /-6,...-7 m -.1 (i) > 'N's\s.:\\\ — cr. o ri tml CC tzi > • •-ci ( I r\j/"Th-ND ) r t-+ I i rrrrr� Z C!1 C-' h7 I t f t rn U p (A n� m Z 0Z r,-r+ � r7-'"'r = t� 6 I �,1,"�`.}' o 4COO co o_ o m K r`,�r l--i v ,�,�r� 7' 1 f "^'I W N m --!rn J m D -1 D Cly 0 O a - / 1/4_,'` ri ri ri ri o n t./ �I.,.F O. J A J i. --1 I ]� t0 U t0 J b V A z Im -. � z C ICP XIr4: f Lt tLs -0 Af IN cn I rn Drm C7 J t^0 a r^,, L3 I o o CI m 0 —1 !Ti O A AL1 — N C rr' I _ I V) C Kv) z r-- © x ZIT Z FL'coa. y --i7) m5N�tn m-o m co N rO NJ m My P AR- w m I Z-4 I ow r- � D v>rm7/ < °ia 0 D.O K I mm .N .� G+AXCOm xi vi 0r (Ti pr-tn2z ( �, ...m - _ -r i2 toZ 7 A ''-I ~ EAST LINE OF BLOCK B / / w010�� XL- 1 / / �' CA1.3I W Z cn j 100C) CYPRESS WAY EAST _ 60' RIGHT OF WAY r 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 Lock Up - Evergreen Development Series LLC, a Delaware limited liability •• o company ("Declarant") owns certain property in Collier County, Florida,-(the v "Land") and intends to execute and record a Declaration of Condominiurrt of Piper Blvd. Land Condominiums om.Ttterc al Land Condominium (the "Declaration") which will encumber, t i .tand.ki ffi ssociation is being formed as the Association to administer ttte tDeclaratiomati .'t4i-.perform the duties and exercise the powers pursuari ,to'the Declaration, aswtaen the Declaration is recorded in the Public Records_:of-C-0110r County., Florida, v**th these Articles of Incorporation attached as an e*hihit. AJI ofthe definitions contained in the Declaration shall apply to thase I � I fl ees orat' n„and to the Bylaws of the Association. 1 1 ( 1 ) 1 31 CLE I-NAME AND AD.DREpS The name of the ,oration is PIPER4}. tPND CONDOMINIUM ASSOCIATION, INC., hersth `referred to as tb ociation". The initial address of the principal office eAssociation-aid the initial mailing address of the Association is 800 Frontage Ro '` rt i let titinois 60093. ARTICLE II-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.LAND CONDOMINIUM ASSOCIATION,INC. PAGE 1 OF 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 power-and-duties. C. To enforce i )ibvtsiCStis of-44:011040aration, these Articles and the Bylaws..;,", �. D. To make es7a'bTsh and enfQroe reasonable rules and regulations governing thee'usef Units, Common Elements and other property under the juristli£ � p-tlis clatlon Jr r v, r E. Togfartt and dify eaSen pts, aljd to dedicate property owned by the,4` tabor r5-any p lic or--q si-public agency, authority or Utility\company for public 't jity, drairjage and cable television purpos.; ct r F. To borrow money for the purposesb c tfying out the powers and duties of hei,c(ssi)ciattpn. \;\ G. To exercise control-overalterations, additions, improvements, or changes in accordance with the terms of the Declaration. H. 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 andfor 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.LANG CONDOMINIUM ASSOCIATION,INC. PAGE 2 OF 7 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 membership shall be entitled to vote, each Members'Voting Interest shall be asset fortit theA ctaration. The Bylaws shall pravt .for an annual meeting_ of the members of the Association and shall makeproVison for special meetings. f, ... \ ARTt6LE ~~= R�14-QF Ek*_ �TENCE\ t4 The Association shallavp perpetual exIstetce) I Pi t i tI 1L... k`,AR'F4 `4NCORF RAT / The name and street addriess of the incorporatot4s tlllat4he't'�tit;'L. Grabinski, Esq., COLEMAN, YOVANOVICH`&,4110.ESTER, P.A., 4001`T tfja tr-T ail North, Suite #300, Naples, FL 34103. tif ARTICLES-VI D'IR TORS 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 ARTICLES OF INCORPORATION OF PIPER BLVD.LAND CONDOMINIUM ASSOCIATION,INC. PAGE 3 or 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: Richard B. Hielscher 800 Frontage Road Northfield, IL 60093 Robert A. Soudan 800 Frontage Road Northfield, IL 60093 Robert A,.$oudan,Jr. lCo 500' aged ," Noc '-ie1d. .s•• .r'ARTICLE VIII-OFFICERS '`\ The officers of the Associatrti rs=hall be president, on6,or more vice presidents, secretary, treasurer and ,such" otl i offict a$4he 804 ray, from time to time by resolution create. The office t sfiah!seroe)at aIle` eas re pf the Board. The Bylaws may provide for the removal fjpmfoffice o`o fcrp,forfilling vacahcieS and for the duties of the officers. The names:b*tt tiffcer W1' ., all se&e' rlii eir successors are designated by the Board alta.follows: ` J . Richard B. Hie r President iitgasur r Robert A. Soudan.,` �.,Vice Pre i ,it Z .#• Robert A.Soudan,Jr. ------Ati.COrPrbSident 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 BLVD.LAND CONDOMINIUM ASSOCIATION,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 attorneys' 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 ot_the_.firlal disposition of such action, suit or proceeding as authorized by the_$o lyd Vie)specific case upon receipt of an undertaking by or on behalf of the'cityis-toofficett,*rdpiciyaes or agents to repay such unless it shall be determined-Is entitled to be Indemflt'fred by the Association as authorized herein. fb-..- The indemnification provided f 'erein Olen nom d be deemed exclusive of any other rights to which those seeking indenrrtrfica may be-entitled.-under the laws of the State of Florida, any Bylaws agreehne t,vqfe FA rpembep.$or ch sse, and as to action taken in an official capacity while holding office, shad r�o Inue tp a person who has ceased to be a director, officer 'employee or'age* nd..-mail im o ittae benefit of the heirs, executors and administrators:of such a person. I ` wl_ �, ;` The Association shalf(rave the power to pure rase aritf:maintain insurance on behalf of any person who 1st c ;was a director, officef, ployee or agent of the Association, or is or was servirig: e request of_the sodlation as a director, officer, employee or agent of another corp4ation, parr ritsh -'joint venture, trust or other enterprise, against any liability asserted agairast- irrland 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 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 . taken on the proposed amendment. The proposed amendment shall be adopted upon receiving unanimous approval of the Voting Interest of the Association. ' - s` 4. Any number of amendments may be submitted to the members and voted a ' upon by them at any one meeting. t.---- 3.-:-. .---_ 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 co trbj� e - mitts, Q members other than the Declarant, no amendment shalt wage the qualifications r membership or in the Voting Interests of members wtt Cit approval by all of the;"members. No amendment shall be made that is in conflict witicttte-Dectaration. Prior to ftr closing of the sale of all Units, no amendment shall in=any iay•adversely effect any',of the rights, privileges, powers or options herein provided-Lin-44w quresetitecijoklbe Declarant, unless the Declarant shall join in the ex*iution',irthp 4merdi nt i c d g, but not limited to, any right of the Declarant to appolftt ddrectOrs., ? A I �''""` ; r•' `` ARTICLES X-INITIAL Rt tSTERED OFFICE AND411/1 r O 4EGISTERED AGENT The initial registered office of the'- ssociation shall be Ncoleman, Yovanovich & Koester, P-A-,4001 Tamiami Trait tior S.{ ite 300, Naples arida 34103- The initial registered agent a .hdt.are'ss is Matthew L. Grabinski. WHEREFORE, the incorporator, and the initial registered agent have executed these Articles on this I{ 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. Z i Matthew L. Grabinski ARTICLES OF INCORPORATION OF PIPER BLVD.LAND CONDOMINIUM ASSOCIATION,INC. PAGE 6 OF 7 OR 5009 PG 2432 STATE OF COUNTY OF Sworn to and subscribed before me this tday of February 2014 by Matthew L. Grabinski, who is personally known to me or who produced as identification. Notary Public Lo ACC EPTANCEliYR 1s'r f11,AGENT - _ ry \ - 1 IND Having been nameiii cept service of pto`ceiss•for the above-named corporation, at the place.`designated_irthese Articles. of incorporation, I hereby accept the appointmentto act in this capacityand,acknowledge that I am familiar with and agree to accept thee..obligati i' d uport.5..registered agents under a the Florida Not For Profit Act j�',l/ 't, � �'1 I \(:::1\\‘‘._,-.4\--'• \‘,_,„-/;‘-1 J......L.,,,k. „Isl 3 f. 1 / Matthew L. Grabinskh, 0` ,. ARTICLES OF INCORPORATION OF PIPER BLV.LAND CONDOMINIUM ASSOCIATION,INC. PAGE 7 OF 7 OR 5009 PG 2433 Exhibit"D" BYLAWS OF PIPER BLVD.LAND CONDOMINIUM ASSOCIATION, INC. I. 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 frora-ttatrroer OF C. Fiscal Year. Ti Kai'year of the Attbratiqn shall be the calendar year. X...r. D. Seal. The`seal'oftf a Association shall have inscribed upon it the name of the Association, theyear of=its<.ipcorporation and the;words "Corporation Not for Profit". The seal may O�s��edh}+ gt. mite thereof, to be impressed, affixed or otherwise reprodir+Ced+than any 9sltf dgt:ument executed in the name of the Association. t ? �t ( i '' 5 ' E. InspectioiV c Books and Records ` The hDoks and records of the •Association shall be t o ' to inspection aft OVIcttrs or their authorized representatives', and all 'ders, insurers o U01. ntbrs of any first mortgage • encumbering a Unit. Such ecjord of the Associatiop4tlalt"include current copies of the Declaration, Articles and Bylaw ,'-and-any arnendriOtOhereto any contracts entered into by the Association, and the'bggks( rttbtds- and financial statements of the Association. The Association shalF`hem•required 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. ll. 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 ASSOCIATION,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 as-.s_et forth above. Upon the request of the Association, any Member who mointiti (iir(thb lias_mortgaged) his Unit shall notify the Association of the name.a 'ad"dressof his tnor_tgagee. Any Member who satisfies the mortgage encumbering h iit shall also notify the Association thereof,and shall file a copy of the satisfaction;of mortgage_wrth the Associatiori III. MEMBERSHIP VOTi A. Voting Rights I`acl1 Merrjbe1 1 eki g 1pt gest shall be as set forth in the 'za Declaration. In the evar ny. :Th-ovur`ied by ore ttan..pr (1) person, or is owned by a person other than an individual,the votes for such Unit shaif'1e cast as set forth below, and votes shall not be d`ra1isII le. _ i /t • B. Majority Vote0 arid,Quorum Requirements:% The acts approved by a majority of the votes present person_or jy proxy at'.a:meeting at which a quorum is present shall be binding upon all•membersaand'C$wafers for all purposes, except where otherwise provided by law, in the DeclaratieF;-'inhtfie 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 Member's 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 pe ;a 4e--of the members. Any proxy shall be effective only a iiotmeeting for which originally given and any to rfulty adjoumed tneetjrgs,thereof. In no event shall any proxy ttevalid for a period longerethap ninety (90) days after the date of.the-first•meeting for which''it was given. Every proxy shall be re6cable at any time-atthe pleasure of the Member executing it. E, eryy-proxy_ all 1p s ecificaily.s orththe name of the person 'otir by;pr xy af?d he' m`e°p1th�person authorized to vote the ra for hint. Eve i ro`y shall contain the date, time and place F? Every l? xy` I of this'meetft`n`tg.fo-r...whi e pry(-tis gNer, and if a limited proxy, stial, et forth those itemsmyvhichj thel�roxy holder may vote, and th r`anner in which the vot .arr tgst. IV. MEMBERSHIP M<= f1P1 A. Persons Entitled to- tti ' Itt th&.(ayertf any Unit is owned by more than one person, all co Owners of the Un rmay 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 ASSOCIATION,INC. PAGE 3 OF 13 OR 5009 PG 2436 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 times 9t 'Xt&ejn, shall be equivalent to the giving of such notice. Attendance of a Merrtbe? "at a pith?ll constitute a waiver of notice of such meeting, except when.th +tember objeets'atyteginning of the meeting to the transaction of any businesilitiicatise the meeting is nallawfully called or convened. E. Annual Meeting=•'=- annual meeting 'tor the purposes of electing directors and transacting anyothAreskshall,be.heldabnce each year at a time and place to be determined by thef$oatti nc a es'gnt\►e`diitithe notice of such meeting. F. Special;Mleo' ' SpOgiat rei ngs ¥rtt`erhbers may be called at any time-by any directoyle president, or at the request rh'virrlting, by any member, or as otherwise provided is r 3a3(v. Such request shall state/the purpose of the proposed • meeting. Business trans c ed,at all special meetings shaH-he confined to the subjects stated in the notice of meetirig-w,. Notice of any special meeting shall be given in accordance with paragraph G�j� so �•..__ _�— i `"- ` G. Adjoumments. Any meeting-may De 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. Determination„of-nuMb rof directors; 8. Election' directors; 9. Un inishe¢.business; ; 10. NewIiu gss;ai cr 11. „djo m enti I J. Minutes. 'Th minutes of all meetings ofi the'rttecnbers shall be kept in a book available for inspectiOn by the members ci011eir autlVrized representatives, and the directors, upon reason [e,notice, during reasanabje:trnes. The Association shall retain these minutes for a pold;of not less than seve,R,l) ;ears. .----- \ K. Actions without a M l ikny t tion required or permitted to be taken at any annual or special meeting Of the-members 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 Director(s)")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, fine;--especial or regular assessment provided as provided for in Florida Statvtek a Dechit ott, or these Bylaws, is not eligible for Board membership:.{' etsori who ha3 bedn convicted of any felony in Florida or in a United State Ststrict or Territorial Cotitt/or who has been convicted of any offense in another_jurisdiction which would be considered a felony if committed in Florida'is'xiot:„eligible for Board membership unless such felon's civil rights have bee Qs1ore or atJ t st,1bt, years as of the date such person seeks election fo-tbe Bo r"d',Thew idity`.wan action by the Board is not affected if it is later determined that -€ifoat'dember, is ineligible for Board membership due to havir_x, 'becuonvic ofefgnI.~~1 Vri C. Term of`E7ffice. The Appointed Di topes serve at the discretion of •- the Owner who appointed or until such fi�,r 9es�nath or resignation. The Independent Director shalf'e*at the discretion of tt Wpointed Directors or until such Director's death, resignation .pr' n oval by ar-1..Ap0:hated Director, which demand for removal shall be in writing and..prese to .d411y'=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 CONDOMINIUM 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 furnished to the Association by the Unit Owner, or electronically transmit to the location furnished by the Unit Qwtt fo ,that.purpose a notice of such meeting and a copy of the proposed annuaj,bAd " , SAS-cfffgrer,or manager of the Association, or other person providing notice s ti mmeetrng st tl °eXecute an affidavit evidencing compliance with such notie r,,gUirement, and such"-affictatrit shall be filed among the official records of the Ass,,ociation. \ If a Board adopts ip, apym:fisda C ; n ar ,t[al budget which requires Assessments against Unit Ow'wrieid iiFcxse one, tiut%dr d fifteen percent (115%) of Assessments for the preceding fiscal year,the conduct a special meeting of the Unit Owners to cor1s1 era,substitut btidgef f the-$card`teteives, within twenty-one (21)days after the adopttnof the annual budget,a written request for a special meeting from at least ten perceraf f19%) of all Voting Int est5. ;A ke'special meeting shall be conducted within sixty (St3�`lays after adoption of the actttt at;`budget. At least fourteen • (14)days prior to such spe�e�.aal seting, the Board shalt a'td`deliver to each Unit Owner, or mail to each unit owner ab=thy"address lastJ.urnish ,t6 the Association, a notice of the meeting. An officer or managegfi#be assO,atioit;or other person providing notice to such meeting shall execute arf of da it--evidencing 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 BLVD.LAND CONDOMINIUM 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. I. 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 havep:pn.;;may_exercise such powers, duties and functions as may be determined bytt%eBoakl tn,rn,•ttme.to time, which may include any powers which may be exercisedl'by the Board tf.wh f are not prohibited by law from being exercised by a committee/ ' K. Resignation. ,,Any i€etto?1nay resign at ant tine by giving written notice of his resignation to another'cirec_tprf i is A i sucI esignation shall take effect at the time specified therein on, ifthti time yv iei's h;resign tion is to become effective is not specified therein imrr diately Upoft psi receipt, a0`d, Unless otherwise specified therein,the acceptance 6i041- sigrt'at `s1.,ot biirtitcrdrY to make it effective. L. In't )inally deleted. 1 M. Vacancies. ti 1. Vacancies-in the_; tsa e 1il)ed by the Owner who appointed the departed Director +rrthe 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 CONDOMINIUM ASSOCIATION,{NC. 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 Businesis t r Of f64ir ss� at a Board meeting shall be: V 1. Callingo11; '\, 2. Poof of du_ 1 3. Kead 'g n Ai c4,77,—,:4,--p ar) o `ved minutes; I 4. Fopois� f fcees.an'dmltt " tl F ; ` l5. Elenof officers; . . af 6. Unfirtidhetf usiness; .2/C1*') "` 7. New business;4r r, 1,,,--` 4 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.LAND CONDOMINIUM ASSOCIATION,INC. PAGE 9 OF 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.effei ive -^K. fix { r C. Vacancies. , Yaancy i an ny offices,,whether arising from death, resignation, removal or anylr cause may be filled,for the unexpired portion of the term of such vacant office, ip the-mariner prescribed in these Bylaws for the regular election or appointment of such sf€ce,_ / D. The Preside p1eien Ca ,78hief'executive officer of the Association. He shall have alof the Powe acct dunesrvhieh are usually vested in the office of president of A tier_`:ffi ir-'irc$ atiort?j Lodi, ,;`but not limited to, the power to appoint committees from among the members frolriie to time, as be may in his discretion deem appropriate to assist in the corSuctiofffairs of the Association. . E. The Vice Pr iideht, The vice presidert,�fiin the absence or disability of the president, exercise the:perweps -axr perform.i.hctutiesperform of the president. He shall also assist the president generally andlexFnISeteh`other powers and perform such other duties as may be prescribed by he directors. 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:paid"" o �.the account of the Owner, and the . tt balance due. fir; .� B. Depositories.(Tie'funds of the Assoclaatitsh shall be deposited in such banks and depositories as may be-determined and approved by appropriate resolutions of the Board from time to,,time-—funds,shit,be withdrawn',only upon checks and demands for money signed,,b such ifc directors,or,other persons as may be designated by the Board. t?jfieJ`+ty btSnOs°os‘RriGc irei) `the Declaration shall be required of all signatories on any account of the,A ssictatj9rr C. DepositinioI Payments. All sums co ect d by the Association from sk Assessments may be deposited in single fund o iviced/i4olmore than one fund, as • • - determined by the Board - %*>,i/70,—/ •. d f , D. Accounting Records and..._.F3eports:.\the' Association shall maintain accounting records according to good o t?U tices. The records shall be open to inspection by Owners and Institutional-tenders—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 fumished 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 ASSOCIATION,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. VIII. PARLIAMENTARY RULES. Roberts Rules of Order(latest Edition)shall govern the conduct of the Association meetings when not in conflict with the Declaration, Articles or these Bylaws. i I w- p . IX. AMENDMENTS. Except'as,,ott1erwrse provu�Afi�ttiese Bylaws may be amended in the following manner: F . �a sl A. Notice. t�otie6 of he, ubjetrrnatfel of a Opposed amendment shall be included in the notice,'of a ...gee a vyj�ich:�_pr sed amendment is to be considered. ! t,r sI I £ ( ` B. Initiatiorit3*Olatibk1O.,strnerieMeset,ylawSCnay be proposed either by any director,or any Mentibi of the Association • i C. Adoption Afendments. - %-� ' jw 1. A reso utiefftfor the adoption of the proposed amendment shall be adopted if Mfah riepproved by the membership of the Association- � -------- 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 BYLAWS OF PIPER BLVD.LAND CONDOMINIUM 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 re nrn provisions shall, nevertheless, be and remain in full force and effect. C. Conflicts. I,rt theievent of any conflict, Declaration, the Articles and these Bylaws shall governs in that—order:, D. Captions C4 ;a erd err} ?as a matter of convenience and for reference, and in vu hp aytare1 inter dba to ar' shal define, limit or describe the scope of these Bylaws ort tiritenX f anti p4iqfoTi hereat. i E. Waiver of ections. The failureof the Boa1F or any officers of the Association to comply withaby terms and prows of tl}eDeclaration, the Articles, or these Bylaws which relate totime limitations shall hot, ia'and of itself, invalidate the act • done or performed. Any suet fatO a shall be waived.if1t.s3not objected to by a Member of the Association within ten (10`da s: fteEthe-Members notified, or becomes aware, of the failure. Furthermore, if such aitdre c c2i,i1[es'at-a general or special meeting, the failure shall be waived as to all members-Who received notice of the meeting or appeared and failed to object to such failure at the meeting. The foregoing was adopted as t.- :• .•• •- Associaf: •'s 13 day of , 2014. — . I 1 cS ,► ,_� �.. Rig. and B. Hielscher, President i Robert A.Sou.an,Jr., •=cretary ( (Corporate Seal) BYLAWS OF PIPER BLVD.LAND CONDOMINIUM ASSOCIATION,INC. PAGE 13 of 13 O'er/12 3 456,8.0 0, �� , ORDINANCE NO.06- 34 g L�. . 2006 i H `) a RECEIVED . AN ORDINANCE OF THE BOARD OF COUNTY $ COMMISSIONERS OF COLLIER COUNTY, FLORIDA, oefoku ar 47 AMENDING ORDINANCE NUMBER 04-41, AS -e�tz�g`si,,1�' • `.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 IT 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-1 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 04-41, as amended, the Collier County Land Development Code,islare 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. day of Jezn•e_ ,2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA — 4L. )uty Clerk BY: -.AO NK HALAS, H. AN 1771 ail legal su!;aciency '�J- This ordinance filed with rhe >_-,.a..� __ .. ., ',t—,C l-_41� •• if.tory of tote's Office the MarjorW M. Student-Stirling bay of 1 K—,��2- Assistant County Attorney and ocknowledgemej that fili.,. received thisday not-20o-AR-8561 of ppBY , :J "`�," L,a-c. 1 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, II 60093 PREPARED BY: Q. GRADY MINOR & ASSOCIATES, P.A. 3800 Via Del Rey Bonita Springs, Fl 34134 (239) 947-1144 (239) 947-0375 Fax and GOODLETTE COLEMAN AND JOHNSON, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34104 (239) 435-3535 (239) 435-1218 EXHIBIT "A" BRB DEVELOPMENT CPUD(BCC Rev061506)clean.doc TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE 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 -.ro' BRB DEVELOPMENT CPUD(BCC Rev061506)clean.doc it 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 Rev061506)clean.doc iii 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: 1. 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 iV SHORT TITLE This ordinance shall be known and cited as the "BRB DEVELOPMENT COMMERCIAL PLANNED UNIT DEVELOPMENT ORDINANCE". BRB DEVELOPMENT CPU D(BCC Rev06I5061cIean.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 c/o Sandra Fiske P.O. Box 4937 Santa Rosa Beach, FL 32459-4937 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 CPDD(BCC Rev061506)clean.doc 1-1 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 CPUD. BRB DEVELOPMENT CPUD(BCC Rev061506)clean.doc 1-2 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the BRB Development CPUD, 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 CPUD 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 CPUD 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 specified in this CPUD, these standards shall prevail over those in the LDC. BRB DEVELOPMENT CPUD(BCCRev061506)ctean.doc 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 CPUD, 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. BRB DEVELOPMENT CPUD(BCC Rev%61506)clean.doc 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 DEVELOPMENT CPUD(BCC Rev061506)cIean.doc: 2-3 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)clean.doc 2-4 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 DEVEWPMENT CPUD(BCC Rev06 1 506)clean.doc 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: 1. 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. 1. 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 DEVELOPMENT CPUD(BCC Rev061506)clean.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 CPUD. 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)clean.doc 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)clean.doc 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 turn 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 turn lane improvements to Cypress Way East, the developer shall provide right-of- way to Collier County only to the extent necessary to accommodate turn 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 CPUD. BRB DEVELOPMENT CRUD(BCC Rev061506)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 DEVELOPMENT CRUD(BCC Rev061506)clean.doe 4-4 I q a _ 2 0 r. ;.",`IO m 5 wn ^: I y a i E= arc Q W .� ._ ,�� I ; ,§S i + G CYPRCSS MAY a('4 .. - _... ___.__..._ _..._...._. ...__._... 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I 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 00°38'55" WEST FOR A DISTANCE OF 49.51 FEET; THENCE RUN NORTH 89°21'05" 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 00°35'50" 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. I BRB DEVELOPMENT CPUD EXHIBIT D LOCATION MAP LOCATED IN SECTION 23, TOWNSHIP 48, RANGE 25, COLLIER COUNTY, FLORIDA e. SIT 24 22 23 CYPRESS WAY EAST PIPER BOULEVARD 1 1 1 TH AVE NAPLES — IMMOKALEE RD. (C.R. 846) C) -4 0 A 0 K o r- )7- r`i rn -55 D 27 1 26 -1:325 F -n O A -4 D -4 Z 1 C "O in C 73 I- 0 O r D Z 0 G) 0 ›- 0 0 n ZI W 34 35 36 VANDERBILT BEACH ROAD yAFJtRRVO 9Y 4Q GPADY MINDR AND Aa"SOC,ATE,P.A. ' E ED O . . v,- - 1, cc X , p Z1 7i 11'' 44 Ci_ -.- Z ---- rZ) 2 : tx ti - C2 a .. 2 t. D .=, 4 ... ,........! :r.: • X L -.. - le--.• - • E:' I _ - _ __ __ ..7. I I 1 i 1 1 1 : =_ , •, ...:2..... _ I , I = . — 666tC... 1 III 1111 i 1 1 j 1 1 I t__ -- .1 1 .. ... .....,...... ..4. — 1, a1 ...... I t. I I I • .. . , .• ...:, , I" I ' 1 I '4I I - I \ 1 I (1.0) h I .i. 4. I o' ';.•• I I NJ 0 !F.z \ •, ,i I I .g 0 \ I I I z 6- .7. I z x 5 0 I ..0 z t, 17— ., 4 4 . , 0 II . ....1 1 &N.... - I r .1 ' C• \ -'c ' ''''' ' ' ...\.%.\..,-\ iA '.= if,',--,4,,. _ Yz.... I _ :1.,:,• I i2IT,""i • 'alg i2 iII:•.. :,...f: i- - k \ 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 . DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners 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,1 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. f; ` 1 i • Sharon Umpenhour, Senior Planning echnician 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 produced as identification. ti f1.60 Abu 41111S1 rk-e_ (Sign. re of Notary i' • (Notary Seal) Joanne Janes ZApirf Paa� JOANNE JANES Printed Name of Notary * t_, * My COMMISSION t FF 090820 EXPIRES:March 14,2018 N�°,t„nc,se Bonded Thru Budget Notary Services 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 Location Ma . , ,. , . _,\ N 4 it g 7,.., A, - �.. ?1 -- W. ,,,zy`,,q. is 5 r �� Vi•, ^F A bz >- a 4- t V SUBJECT PROPERTY in * ,,, ‘. 0, i 0 a�, :� ,. y f �m e • . , .. y 9.Az d. 1 "'` ', S t ..0 g • 14 IOU ,, ..» PI3C1 ' �LV� . 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T§i !! 8!/!!\:!| §}!!�l �§�`/§\);!lgO,/ !! 1:..;,;ilee!,a|5=`r,I=;, l,= l7 /s--,' Q/2\/-/J/\/ 0161 t1[!2`}`22!§!;,|::;;:: 2:;i2;!$ 1 , , ,,.,, „ , ,,;«:,,,,,,,,,,ll,,. F. ;: . \ ) ; ) P. \ | ) ° t. ( ; P. E5\ §VE F E _ ! ! _ ii ; !§§;t|� �)§! §_.)|§§|§|!I)I§ .§§);.(i!§(!||§§!l;,;l, `-5-a5.!!s!|!I[6i|t!)§|)§§!i2! '100",.l, :l==,:!lr,l,;;!!!!;E!!|!r!| / (,,. . § ! - !, ! : ; , A ! \_ ,: . !§ Eri |!!\ l:4; =65nf!§§i[: § ,1;,, 19.5E ;', ;|..!|>#l:, r=,l•E;< -..,.;.« ,: 1 {1-.P:5l; EE :g)-.!!! K §§ ;„ ! |i!|,!r, l;(„|;! 0 1 W ill!lpii§())((iilra iii!!!!Wal M 111 01A l;E![[!! )! !(!!!!;§;§§)§!! SIGN POSTING INSTRUCTIONS (CHAPTER 8,COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s)must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code,Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails, staples,or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s)in place,and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner orthe 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 Umperthour 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. �' ��..�' i 41l- 3800 Via Del Rey • U' .O F APPL TOR AGENT STREET OR P.O.BOX Sharon Umpenhour,Senior Planning Technician Bonita Springs,FL 34134 NAME(TYPED OR PRINTED) CITY,STATE ZIP STATE OF FLORIDA • • COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this 25th day of August , 2017, by Sharon Umpenhour ,personally known to me or who ',rw finned ___ as identificafinn and who ciid not take an oath. - • % C1 i42_ , e°`;r.iZ,r JOANNE JANES r Signa • of Notary 'ublic t=F * MY COMMISSION 1 FF 090820 I' T EXPIRES:Match 14,2018 Joanne Janes +�E . � BendsdT vv9vdgetNotaryServices Printed Name of Notary Public My Commission Expires: (Stamp with serial number) Rev.3/4/2015 a .; � °,°',-, r a .. r : � �.a�x tea dt 3 .i. , ...„ , _ .. a .. 4-f '13 `gyp �- ii 3 fix: ! t g r C) w 1— Lu t w- w (-3 `7' O Z ° ,` W d o Cl) 2 • w• __A p. 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Ai....„....,. ;, ; _:,...... /../, ......,,,i,i4,......,.:2..,./ ...._,...... .., 1.__,,,,,,,.,..,:.,..... .... ,..,... ..-Ar.,- "� i ,,,_... , , �q Y 5 w ion.T .,,z,- .,,,,,„, if/ /I: --' ''',..4 .-'---,--: .-':.r.,>'"--,?,,r,‘7-4."-.—. 4 /OAT --4-',.. .-,it' f, s, /i r,: NOW/ ,,,.A,iii;', .- 1' SIGN POSTING INSTRUCTIONS (CHAPTER 8,COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s)must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code,Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails, staples,or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s)in place,and readable condition until the requested action bas been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner orthe 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 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 Q.Grady Minor and Associates,P.A. 1/41/4„,•,. d ar 3800 Via Del Rey ' • I �F APPL ,q T OR AGENT STREET OR P.O.BOX Sharon Umpenhour,Senior Planning Technician Bonita Springs,FL 34134 NAME(TYPED OR PRINTED) CITY,STATE ZIP STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this 25th day of August , 2017, by Sharon Umpenhour ,personally known to me or wh'produced ac irlpntinevion and who 4i/did not take an oath. 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W ,L a a J L¢� a w i OJ � ,r • `w - r` ' . • r . • 4. , • 1 Y�V,s .1 AGENDA ITEM 3-D Co er 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: Agent: Bautsch Family Trust Orick Marine Construction 297 3`d Street 1035 Collier Center Way, Suite 1 Bonita Springs, FL 34134 Naples, FL 34110 REQUESTED ACTION: 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 3`d Street;Bonita Springs September 14,2017 HEX , -8 ®A - ® e, 2P ®,--• ____Fi@ 2 reep n \ ® A @ M i i a. . I .- is .-• . , \ .ag \ c*.ii,t . • @ 2@ \. <),,,,a ....'‘, > ce \ ffs'•*-............„..............o. Ct. „ • a -a. Ca \ • 5,3 "1,- i 2 \ ,5. ,A ® @,,, ® ® (!; CD C A.- a • - . g. 8. 8. 8. e A2 .-- z ir) o c) 1 a o 1%•••- v- 0 C\J ...J -- 1 Z a. L a) ID 80 WQJPU8A E = 0 0 C ui 17., '1 4 0 cc 0 47; . a. ..1 sa.) a. ci _ . co 0 . 2 .. , I C o 1\ ' A) 0 03 ! ----- "ZZ I-- i CO 0 0 CD , ' 0 _1 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 RSF-4 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 RSF-4 , ' .r $4 v r sr A AI I ill Tr.... At ir , , t „tte iiill Subject Site Aerial of subject 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)(11) of the Land Development Code (LDC), Manatee Protection, is applicable to multi-slip docking facilities with 10 or more slips. The proposed boatho consists of one boat slip and is therefore not subject to the provisions of thiuse s section of the LDC. A submerged resources survey did not indicate any seagrasses. BD-PL20170000541 Page 3 of 8 297 3rd 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 3rd 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 ri 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 3rd 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 3rd Street;Bonita Springs September 14,2017 HEX PREPARED BY: `�►� 43/-17 FRED RE : HL,AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: 83 )- 17 RAYMON . BELLOWS,ZONING MANAGER DATE ZONING DIVISION APPROVED BY: T- l - I ) MIKE BOSI, AICP,DIRECTOR DATE PLANNING&ZONING DIVISION BD-PL20170000541 Page 8 of 8 297 3'i Street;Bonita Springs September 14,2017 HEX Co icr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD Addressing@colliergov.net or fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) [�BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI(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) LITT LE HIeecQy 5Hc,R,ES u sr(" REPLAT aLle F LOT q FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with, legal description if more than one) onoF, � � S 5 T 4 8 R2 5 on STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 0--9'7 3th ST LO bot.1 trA sPR.IMGS I FL 34 t3L • 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) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL# Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for, or already appearing in, condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: mail ❑ Fax ❑ Personally picked up Applicant Name: Phone: 9y9.55.5E Email/Fax: f-o§(g)r7c_�rxc,ebie. CGVY/ 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:_ v: .L Date: 2/17/2017 J Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED rnnt iviap nttp://maps.collierappraiser.com/webmap/mapprint.aspx?title=Baut: et law . „,„.....„.:,.... .)...„. ,,,:.„ +?.,. flit ..`P ppr� _ .p. MAP LEGEND ,rnl rum... • A. � - .F«^. ,A`Itk. Ii! Aer lata 2017 81ncn UrEenl I � 'l'�T' `� • Aerial.201012 feel] / X� t 1149 , ig 0 cum.,cou y ' Folie Number.56044364000 ' - `,Name:BAL/TSCH FAMILY TRUST StropIJ 8.Name:207 313D ST W '.‘.,f j Build//UMW:F r 9 ,_i. 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Co#er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 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; ❑ When the encroachment was discovered; ❑ How the encroachment was discovered; and ❑ 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; Cl A signed and sealed copy of the survey identifying the encroachment; and ❑ Electronic Copy(CD) of all documents and forms. (Preferred) ❑ 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 cover staff 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 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 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 Colter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N 3rd St W/ROW/RSF-4 Single Family Residence S Waterway/A Little Hickory Bay E RSF-4 Single Family Residence W RSF-4 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 dispose existing permitted(90-7814)275 sq ft dock and 312 sq ft boathouse(92-2881).Request a 36.46 foot extension beyond the maximum 20 feet to accommodate new,open sided,boathouse,dock and 1 lift for 32'vessel.Total over the water structures are 548 sq ft dock and lift with proposed 720 sq ft boathouse roof covering.See drawings. SITE INFORMATION 1. Waterway Width: 250+ ft. Measurement from ❑ plat !NI survey r'visual estimate [� other(specify) 2. Total Property Water Frontage: 225.19 ft. 3. Setbacks: Provided: L 31.39 R133.0 ft Required: 15 ft. 4. Total Protrusion of Proposed Facility into Water: 56.46 ft 5. Number and Length of Vessels to use Facility: 1. 32 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 W-49.77',293 3rd ST W-52.8',271 6th ST W-49.03',291 3rd ST W-41.82',283 3rd ST W-49.96' 262 6th ST W-40.16'and 267 6th ST W-47.16' 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 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 No If yes, please provide copies. 6/3/2014 Page 3 of 7 Co er County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre-Application Meeting Notes Petition Type: c;t AA► Date and Time: 2-9-L - 1' ( 1\1"` Assigned Planner: 1--0►c-V^e --ge C S Engineering Manager (for PPL's and FP's): Project Information Project Name: 2°I 3` Sit. tZ PL#: 2O1'} 0000 S 1 ,c^ Property ID#: 5 too 003 (o o OO1 Current Zoning: 5 r ' L Project Address: Z1 '4 3 �� S t. 0 City: gbonF• State: i• Zip: 31-i 134 Applicant: Vita 1 Lt`nt� i f v� r�`c.�k. t (,wt S tri` c�+ o•• Agent Name: G J t.t) n t one: 2.16 - 0117.- ) q120~ 32-24-- Agent/Firm SBD~ 32.2&Agent/Firm Address: City: .t State: Zip: Property Owner: 600.01/4. \-s t-Ar‘ S c�rko1/4A• .J r KA Please provide the following, if applicable: i. Total Acreage: • LA (� ii. Proposed# of Residential Units: 0(/ ' ` iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: v. If there is an Ordinance or Resolution associated with this projec , lease indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: r Collier 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 PL #: '+a- Collier County Contact Information: Name Review Discipline Phone Email Richard Anderson Environmental Specialist 252-2483 richardanderson@colliergov.net O David Anthony Environmental Review 252-2497 davidanthony@colliergov.net Summer Araque Environmental Review _ 252-6290 summerbrownaraque@colliergov.net ❑ Steve Baluch, P.E. Transportation Planning 252-2361 StephenBaluch@colliergov.net Laurie Beard Transportation Pathways 252-5782 Lauriebeard@colliergov.net 'X-, 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 El Mark Burtchin ROW Permitting 252-5165 markburtchln@coiliergov.net ❑ George Cascio Utility Billing _ 252-5543 georgecascio@colliergov.net ✓ Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heidiashton@colliergov.net ❑ Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@colliergov.net C Eric Fey, P.E. Site Plans Reviewer 252-2434 ericfey@colliergov.net ❑ Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@colliergov.net ❑ Nancy Gundlach,AICP, PLA Zoning Services 252-2484 nancygundiach@colliergov.net _ ❑ Shar Hingson East Naples Fire District 687-5650 shingson@ccfco.org u John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net LI 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 7 Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov,net "ith, Stephen Lenberger Environmental Review 252-2915 stevelenberger@colliergov.net C: Paulo Martins Utilities 252-4285 paulomartins@colliergov.net _ Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto@colliergov.net ❑ Jack McKenna, P.E. Engineering Services 252-2911 jackmckenna@colliergov.net L Matt McLean, P.E. Principal Project Manager 252-8279 matthewmclean@colliergov.net El Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz@colliergov.net LI Annis Moxam Addressing 252-5519 annismoxam@colliergov.net _ I Stefanie Nawrocki Planning and Zoning 252-2313 StefanieNawrocki@colliergov.net 7 Mariam Ocheltree Graphics 252-2315 mariamocheltree@colliergov.net _ LI Brandy Otero Transit 252-5859 brandyotero@colliergov.net Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 .I Brandi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net __ Fred Reischl,AICP Zoning Services 252-4211 fredreischl@colliergov.net Stacy Revay Transportation Pathways 252-5677 stacyrevay@colliergov.net L' Brett Rosenblum, P.E. Utility Plan Review 252-2905 brettrosenblum@colliergov.net C Michael Sawyer Zoning Services 252-2926 michaelsawyer@colliergov.net (J Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net Chris Scott,AICP Planning and Zoning 252-2460 chrisscott@colliergov.net Daniel Smith,AICP Landscape Review 252-4312 danielsmith@colliergov.net Ellen Summers Planning and Zoning 252-1032 EllenSummers@colliergov.net Scott Stone Assistant County Attorney 252-8400 scottstone@colliergov.net Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net C Kris Vanlengen Utility Planning 252-5366 krisvanlengen@colliergov.net ❑ Jon Walsh Building Review 252-2962 jonathanwalsh@colliergov.net LI David Weeks,AICP Future Land Use Consistency 252-2306 davidweeks@colliergovnet Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net Christine Willoughby Planning and Zoning 252-5748 ChristineWilloughby@colliergov.net Additional Attendee Contact Information: Name 1Representing Phone ��`` Email I i �jl ikk INA B5 � 146-&St,$i �hto 0C1'cAk 1-k)I Li --A--- Re -s.-2. 9`I 9.55W i n du-i t.kwa_r i he.��'+ I. ro' r; I 4" - t '* 002 4'� YL' i f rri 4 V .tik4 Alf S i 1.40.,.': r i i 0 Project Type: Pre-Application Meeting Project Description:We are interested in a boathouse and boat dock extension. Existing Application Name: Meeting Type: Pre-Application Meeting Preferred Date: February 15, 2017 Unavailable ates: Locatio • 297 3rd ST W onita Springs, FL, 34134, Parcel Number: 56000360008 Full Name: Ho y Lindsly Email: Holly@orickmarine.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 5 G • S 40-kJ— in-0 4-f ut)v em Under Florida Lawe-mail addresses ire public records If you do not want your e-mail address released in response to tibiic records request riu not send electronic mail to ills entity. Instead. contact this office by telephone or in :vritinc. 2 BeasleyRachel Subject: PL20170000541(BDE) lcation: Conf Room"C" Start: Tue 2/21/2017 10:00 AM End: Tue 2/21/2017 11:00 AM Recurrence: (none) Meeting Status: Accepted Organizer: CDS-C Required Attendees: AcevedoMargarita; Ahmad Vicky; 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 .anner-Rachel Beasley Fire District-North Naples ************************************************************************ /.S Nno3 1' a n �.Z O S x ES T T * /100aliTAy N 3 7: ., • _ • 1-1a I , A ( ( 'r' t bpi L L , _ ,n+ Z J _v . , - 0 ! • - ! «• �� '' Iid- U G • MI r t moa� ,e_ n 4'4,••—•--- W ! 7. ..,J/ - A ' 2 2ft L i S 7 A I Ei©NOM . r A i S 7 a2N1A.1521.2$ « ! r : r : ^ ! 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I i__ 7 ......solea) Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 JJ Meeting Notes ae an 0(5/3 c✓IP }�v"` 04) 0ss `to lac .�` t 1J�►`raj 0 LU p•'‘1nnossj 4 .1.2...tAr•r • UdA V i I' 64 a tqvY' L +'gy p, • 5 0 ckicArt0v S e yel'uA t r e e.Qe,rCA.7c..4uts_a'h (/,‘e) c„2 Q P/2o 2/: Sv11MI7 AV 't=Sc Cc SUl'Gi� cb - k ©f` .1I ,iAG/T ( t)( U)_ zi/b4/(4iea cC ,11 .4 1fi oti S/ 16 ,d 4,Z' s WPI J J Page 1 of Coiner county rroperty 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 *Estimated 3A05 468700 F 93A05 5 48 25 0.4 Legal LITTLE HICKORY SHORES UNIT 3 REPLAT BLK F LOT 9 Millage Area 0 170 Millage Rates 0 *Calculations Sub./Condo 468700 - LITTLE HICKORY SHORES UNIT 3 REPLAT School Other Total Use Code 0 1 - SINGLE FAMILY RESIDENTIAL 5.245 5.708 10.953 Latest Sales History 2016 Certified Tax Roll kNot ail Sales are listed due to Confidentiality) tSubject to Change. Date Book-Page Amount Land Value $ 1,084,568 12/19/12 4866-3529 $0 (+) Improved Value S 51 i7 12/21/95 2131-492 $0 02/03/93 1794-108 $0 (=) Market Value $ 1,676,025 02/01/93 1794-111 $0 (-) Save our Home $ 952,021 05/01/90 1530-993 $ 650,000 (=) Assessed Value S 724,004 (-) Homestead $ 25,000 (=) School Taxable Value $ 699,004 (-) Additional Homestead $ 25,000 (_) Taxable Value $674,004 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main_search/Recorddetail.html?Map=No&FolioNum=56000360008 2/21/2017 Page 1 of Lower county rroperty appraiser Property Detail 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 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, ADDTfiON 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 # Calc 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 80 2002 SWIMMING POOL 360 360 90 1974 SEAWALL 185 185 ittp://www.collierappraiser.com/main search/Recorddetail.html?Map=No&FolioNum=56000360008 2/21/2017 Page 1 of 1 J. �? �■ �� 'Yom"..' • t . t r �, x : A-.7, '� ‘ J o �� us I` r gi ii..._, u t • : . ''''' .' 441. ' . . .... - slti iGH115 b. \‘t. •-410 IP .1, ,;:;,... ..,,,,, ,,:: 77.0iitsfaii. . ,,,,:is.. ...„...:fr:,,„.. .i ii0010' : 4.,4* 4(p, 1r,. -4 _. 0 cowwCoumy►ropertyApirmwr NwpbsFL 0 18tt http://maps.coilicrappraiscr.com/wcbmap/output2/Collier_2017_sde031 3584101001790.•lpe 2/21/2017 BD-91-17 John M. Benfield, representing James M. Pinkerman 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 John Milne Benfield representing Walter CB 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 l i 1 tp BD RES # OMI'A FEE $250. 00 BD-92-1 Ray Petersen of Garland & Garland, Inc. , RM representing David Bautsch, requesting a 12-foot 1/27/92 boat dock extension to allow for a 32-foot docking facility (which is after-the-fact) , 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 iL BD RES #471,,r4, FEE $250.00 r,.. David Bautsch Dock Facility Extension P120170000541 (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 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. 5. 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. David Bautsch Dock Facility Extension P120170000541 (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. 5. 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 P120170000541 (BDE) Boathouse Criteria: 5.03.06.F 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. IMPROMMIllmilmenselmemillmeseininumgammommommalwary ,.f n 01668004 enFOE -3 Aft rt 37 1794 000 t C01.1.01 COUNTY RECORCIED Oil BOOK PAGE ><EG etealgilaftalgtalgtaaltrilligaDskikm PHt,1 ,:4► DOC s _ This instrument was prepared by: trlt3_. Andrew J. Krause. Esquire -->MYERS KRAUSE & STEVENS, CHARTERED if Suite 600 5811 Pelican Bay Boulevard Naples, Florida 33963 (813) 598-1221 WAKRAraiLDEULEILIBLM THIS INDENTURE, Made this . / s f. day of December, 1992, Between DAVID I. BAUTSCH, a married man, (joined herein by his wife, DIANE B. 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 1. BAUTSCH PERSONAL RESIDENCE TRUST *** dated December 3 / , 1992, whose post office address is 297 Third Street West, Bonita Springs, State of Florida, 33923, grantees, whose tax identification number is 65-6110450 WITNESSETH, That said grantor, for and in consideration of the sum of TEN DOLLARS ($10.00)and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Collier County, Florida, to wit: Lot 9, Block F, Replat of Unit No. 3, LITTLE HICKORY SHORES, per plat thereof recorded at Plat Book6,-Page.2; of the Public Records of Collier County, Florida. Commonly known as: 297 Third Street West, City of Bonita Springs, County of Collier, State of Florida, 33923. Subject to covenants, easements, conditions, restrictions, reservations and encumbrances of record and real estatetaxes levied subsequent to the calendar year 1992. The above described property is the homestead of grantor, Real Estate Tax Identification No. 56 000 36 0008 1 Received $ •7 O Documentary Stamp Ta. Received $ Class 'C' Intangible MYERS KRAUSE CNA 1E ED STEVENS _Pe,s..na1 Property Ta ATTORNEYS ATLAw E. BRUCK CLERK OF RCUIT COURT BANMI I PELICAN ACENTERAYBO SUITE 600 C.c SBI t PELICAN BAY BOULEVARD I 1. NAPLES FLQAIDA 31903 - -. 1 e 0 0 1 1 2 OR BOOK PAGE and said voter does hetedty fuuy watr*at the eine to said land,and will defend the smite against the lawful cairns of all persons whomsoever. • "Grantor and `grantee are wed for singular or plural, as moist requires. **Trustee herein is granted MI power and authority to protect. consee ry a and to sell or to lease or to encumber,or otherwise to manage and dispose of the real property described herein as set forth in Florida Statutes 689.071. ***Upon the caller of the expiration of twenty (20) years from the date of execution of this trust instrument, or upon his resignation. refusal or inability to act as trustee, DAVID 3. BAUTSCH shall cease to act as trustee of said trust and DIANE S. RAUTSCH shall serve as successor trustee, and the acceptance by the successor trustee, recorded in the Public Records of Collier County, Florida, where the real property described above is Located, together with evidence of the trustee's death, resignation, or inability to act, if applicable, shall be deemed conclusive proof that the parties have complied with the successor trustee provisions of the aforesaid trust. Sufficient evidence of the trustee's death shall consist of a certified copy of his death certificate. Sufficient evidence of the trustee's resignation shall consist of a resignation, duly executed and acknowledged by him. Sufficient evidence of a trustee's inability to act shall consist of a licensed physician's affidavit establishing that the trustee is incapable of performing his duties as trustee of the aforesaid trust. The successor trustee shall have the same powers granted to the original trustee, as set forth above. IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written. Signed sealed and deliver* in our pit e: (print nameAn...vitkivA„.j_kk44,k_k_d .,/ 3. 1C.►rwuse. DAVID'doveTSCH t ratite) r�sFti iy o r 2 • 1194 000113 OR Mk PAGE Al***NallotAA1—.y ltSA1l a� ,. �4 S STATS OF FLORIDA COUNTY OF COLLIER ore me a Notary Public. the foregoing instrument was acknowledged this th, ,, day of 1992, by DAVID I. BAUTSCH and DIANE E. BAUTSCH, who to re personally known to me or who 0 have produced a driver license as identification, and who did not take an oath. U. ;. •:. a Public St State of Florida at Large My Commission Expires: NOTARY Pi*1C STATE OF FLORIO AY COIMISSION UP. OCT.2S,199 • 8o,m o MU GENERAL INS. UND.vow r ' (printed. typed or stamped cammbod aianname of Notary • . Pbblie) actor s•vi t10 to fff! y ►dfsuD d •,is ;+ecorFlaI 3 cGtf`iTTYlCK, c. W vii 0 mri 0 11 \ 7 a /. t,) N 0 a^ G! a) a.(. UII a O Ln J O L 0. 6 Ln e rrs Ind b b 0 > > O o 1-. 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I 4_ II L., rN1 I_ _ ` II ) . _ as co CU w - l _ ' =_-_--- c a ' — CCS bCt .121 11 = WI z d Q M iseeffiI I 1-J11I III_ 'ii . o I , -►=1111-1111-1111= Z U I 111=---=IIII—t 11-11 a z co o �I � 1111—=1111_=1111=— Co Z In a xE. _, 1 — III=1 111=I p In ., s •= , ��, _1111-1111 IIII III �. `� X ° Hiiii -, III 111IIII^III ills ir a a) �• III -IIII=IIII -11 p 111.. 1111 1111=I i -IIII= 1 1111=I �IIill l li z v � 3 - 0 U cu 00 N M O n th re Environmental,LLC MEMORANDUM DATE: December 22, 2016 TO: Greg Orick Marine Construction 1035 Collier Center Way, Suite I Naples, FL 341 10 FROM: Jeremy Sterk RE: 297 3rd St W An ecologist from Earth Tech Environmental (ETE) conducted a Submerged Resource Survey (SRS) at the referenced property on December 21,20 16. The purpose of the survey was to evaluate the proposed dock area for the 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 Scaevoela taccada 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 sand\shell. 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. FARTH TECH ENVIRONMENTAL, LLC 1455 RAIL HEAD BOULEVARD STE.8,NAPLES, FL 341 10 www.etenviron.com Photo I, Bottom habitat example. Photo 2. Bottom habitat example. Photo 3. Bottom habitat example (deeper water). Photo 4. Bottom habitat example. C Photo 5. Bottom habitat example. Photo 6. Bottom habitat example. AGENDA ITEM 3-E Co�ier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: SEPTEMBER 28,2017 SUBJECT: PDI-PL20170000247, SABAL BAY SIGN DEVIATION MIXED USE PLANNED UNIT DEVELOPMENT(MPUD) APPLICANT/AGENT: Applicant: Agent: Collier Land Development Inc. Robert J. Mulhere, FAICP, Vice President 2550 Goodlette Road, North Hole Montes, Inc. Naples, FL 34103 950 Encore Way Naples, FL 34110 REQUESTED ACTION: The applicant requests that the Hearing Examiner consider an insubstantial change to the Sabal Bay Mixed Use Planned Unit Development (MPUD), Ordinance No. 05-59, as amended, to add one new deviation relating to signage along US 41, Tamiami Trail. GEOGRAPHIC LOCATION: The subject 2,426.08±acre property on the south side of Tamiami Trail East,approximately one quarter mile east of Thomasson Drive, in Section 19, Township 50 South, Range 26 East, Collier County, Florida. (See Location Map on the following page.) PDI-PL20170000247, Sabal Bay PUD Last revised: 9/1/17 Page 1 of 9 Hearing Examiner Date: 9/28/17 e:rei wr , ,-,...,riw,V:10. N I ann I...1111111:111k ..., . phIlliM in 1 liL: t 4 !Ma lift ir 0. , ,.„, : ., t 11\ , § . ...„.-41r ; %k - .,%," k " CL (13 w.1 oNti. a A p r~�t h �.� a t; • Eli 3 C �... .. Bil C : . 16 iJ gi . i -- Ha ,. > » OW 1 O N ..- 1 Z a ^L, W JD E _..__ Z - w f na.i QQ L- o 0 d J / .,- ' a 2 , a i a32 a , R.' ‘,0 c ,...<'t0 1 (Q U Qti. NI lL _-,4-21 _. � I _ J - , T K� PDI-PL20170000247, Sabal Bay PUD Last revised: 9/1/17 Page 2 of 9 Hearing Examiner Date: 9/28/17 PURPOSE/DESCRIPTION OF PROJECT: In the narrative statement, the applicant provides the following explanation: Sabal Bay MPUD was approved by the Collier County Commission on November 15,2005. The PUD is 2,426.08 acres in size and allows for up to 1,999 dwelling on 1,585 acres as well as several other non-residential uses, include some 75 acres of commercial development allowing up to 200,000 square feet of retail, 60,000 square feet of office and 250 hotel rooms. The commercial development is primarily located along the U.S. 41 frontage (Tracts COI, CO2, and CO3, depicted on the PUD master plan).All of the commercial tracts have been platted (Sabal Bay Commercial Tract).PUD Tract CO1 is fully developed. Tract CO2 is partially developed Tract CO3 has one outparcel developed. SABAL BAY MPUfl " " W*Wale MPUD) MASTED PLAN ' ' ` ..?� t a4dt�r•r'04 f7 •!fJiia. '4 .� itia� . :_:_Y..'i�.i..:.w s,... Conant T > ' r��+... `., �j� Excerpt from Master Plan showing commercial tracts The Sabal Bay Mixed Use Planned Unit Development(MPUD)was last amended on March 28, 2012 by Ordinance Number 12-12. That ordinance amended Ordinance Number 05-59 which approved deviations numbers 1-8 from the LDC. Ordinance Number 12-12 approved more deviations, number 9-15. The current proposed insubstantial change amendment seeks to approve what would become Deviation #16. This request, if approved would allow a third directory sign for the PUD that would be located on US 41 at the entrance to the commercial tract identified as CO3. There is currently one directory sign on US-41 and one on Thomasson Drive. LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties near the portion of the PUD affected by the request. Northwest: Other developed portions of the commercial area within the Sabal Bay PUD, with a zoning designation of Sabal Bay MPUD Northeast: US 41 then various retail and office uses within the Lely Resort PUD, with a zoning designation of Lely Resort PUD PDI-PL20170000247, Sabal Bay PUD Last revised: 9/1/17 Page 3 of 9 Hearing Examiner Date: 9/28/17 w South: Developing areas within the Sabal Bay PUD,all with a zoning designation of Sabal Bay MPUD West: Developing areas within the Sabal Bay PUD,all with a zoning designation of Sabal Bay MPUD . ♦ _fir it + .- 'q - //' A A l'Ci4' ''.'‘.* fi j A ,.. ., ...,. ,,, ? _ . N .N%,... . . , . r3 ,/,. ,t. .., . z .s... ,,. x * •.\,,,, : , ,, r � f 10 Proposed Sign Location ir) 'a� ♦ 444, , f i 4' A \\\ . r 0 s AS 't. . 7. * . 7 ‘ , A, 41IL '11 iite 101‘ ;» ..y�„., ,. y Y:., l': , '... f ,»fi Aerial from Property Appraiser website ANALYSIS: Comprehensive Planning: Because this application is not adding uses or increasing the intensity of the previously approved uses in the PUD, it is consistent with the Future Land Use Element(FLUE)of the Growth Management Plan. See Attachment 2 for the complete report from Comprehensive Planning staff. Conservation and Coastal Management Element: Environmental staff has evaluated the proposed change to the PUD documents. Signs are not addressed in the Conservation and Coastal Management Element(CCME); therefore,there is no issue with consistency with that Element of the GMP. PDI-PL20170000247, Sabal Bay PUD Last revised: 9/1/17 Page 4 of 9 Hearing Examiner Date: 9/28/17 Transportation Element: Transportation Planning staff has evaluated the proposed changes to the PUD Documents. Signs are not addressed in the Transportation Element; therefore, there is no issue with consistency. LDC Sections 10.02.13.E.1 and 10.02.13.E.2 set forth the criteria by which insubstantial amendments to a PUD Master Plan and/or minor text changes to a PUD document are to be reviewed before they can be approved. The criteria and a response to each have been listed as follows: LDC Section 10.02.13.E.1: a. Is there a proposed change in the boundary of the Planned Unit Development(PUD)? No,there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No, there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. c. Is there a proposed decrease in preservation,conservation,recreation,or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such,or five(5) acres in area? No,there is no proposed decrease in preservation,conservation,recreation,or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open space),or a proposed relocation of nonresidential land uses? No, the proposed amendment is to add one deviation related to project signage within a commercial portion of the project. There would be no increase to the size of areas used for non- residential uses and no relocation of non-residential uses. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation;changes in traffic circulation;or impacts on other public facilities? No,there are no substantial impacts resulting from this amendment. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? The proposed amendment would not result in land use activities that generate higher levels of vehicular traffic which were not anticipated when the principal uses were originally adopted based upon the Trip Generation Manual published by the Institute of Transportation Engineers. PDI-PL20170000247, Sabal Bay PUD Last revised: 9/1/17 Page 5 of 9 Hearing Examiner Date: 9/28/17 g. Will the change result in a requirement for increased stormwater retention,or otherwise increase stormwater discharge? No, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. There will be no incompatible relationships with abutting land uses. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No. Comprehensive Planning staff determined the proposed changes to the PUD Document would be consistent with the FLUE of the GMP. Both environmental and transportation planning staff have reviewed this petition, and no changes to the PUD Document are proposed that would be deemed inconsistent with the CCME or the Transportation Element of the GMP. This petition does not propose any increase in density or intensity of the permitted land uses. j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. This project is not a DRI,thus this is not applicable. k. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? Based upon the analysis provide above,the proposed change is not deemed to be substantial. LDC Section 10.02.13.E.2: Does this petition change the analysis of the findings and criteria used for the original application? No, the proposed change does not affect the original analysis and findings for the most recent zoning action in Petition PUDA-PL2011-000047. An excerpt from the staff report prepared for that petition is attached as Attachment 3. Attachment 3 contains the PUD and Rezoning Findings from Petition PUDA-PL2011-000047. PDI-PL20170000247, Sabal Bay PUD Last revised: 9/1/17 Page 6 of 9 Hearing Examiner Date: 9/28/17 DEVIATION DISCUSSION: The petitioner is seeking one deviation from the requirements of the LDC. This deviation is deviation #16 as noted in the Purpose/Description of the Project. The deviation wording is directly extracted from the petitioner's PUD document. The petitioner's rationale and staff analysis/recommendation are provided below. Proposed Deviation#16: Deviation 16 seeks relief from LDC Section 5.06.04.F.3., Directory Signs, which limits multiple- occupancy parcels or multiple parcels developed under a unified development plan, with a minimum of 8 independent units, containing 20,000 sf or more of leasable floor area, to a maximum of one directory sign at one entrance on each public street, to allow for one additional directory sign on Tamiami Trail East (US. 41) in addition to the two existing directory signs (located on Tamiami Trail East and Thomasson Drive). The second directory sign permitted on the Tamiami Trail East frontage shall be located a minimum of 500 feet to the east of the existing directory sign on Tamiami Trail East. Petitioner's Rationale: The petitioner's agent has provided the following justification and rationale to support the requested deviation: As stated, there are two existing Directory signs; one is located at the project entrance to the Shoppes at Hammock Cove on Thomasson Drive, and one is located at the project entrance to the Shoppes at Hammock Cove on Tamiami Trail East. This request is to allow another pole sign at the second entrance(to serve the next phase of the Shopping Center development, approximately 525 feet to the east on Tamiami Trail East. In hind sight, this request should have been made at time the Sabal Bay MPUD was approved in 2005; however, the need for the additional sign really became clear once the commercial tracts were platted. The Sabal Bay MPUD commercial frontage (on Thomasson and Tamiami Trail combined) contains more than 2,500 linear feet or road frontage. The additional Directory sign is necessary to allow for reasonable signage to support the uses located within this phase of the commercial development. This is a master planned community and the signage will be consistent with the existing sign design and will meet all required dimensional standards of the LDC. The requested sign will enhance the marketability of the parcels located in this phase of the commercial development and will allow easy identification of the businesses within this phase for the public seeking to locate such businesses. Please see additional information in the petitioner's document entitled,"Justification and Narrative-5- 18-17". Staff Analysis and Recommendation: Due to the project's location along Tamiami Trail (US 41), which is a busy arterial roadway, staff agrees that some additional signage may be appropriate. The proposed number and location (See "Justification and Narrative -5-18-17" for the proposed sign location)of the additional sign would appear to further the intent of the sign regulations of the LDC in Section 5.06.01 to: PDI-PL20170000247, Sabal Bay PUD Last revised: 9/1/17 Page 7 of 9 Hearing Examiner Date: 9/28/17 Purpose and intent. The purpose of this sign code is to provide minimum control of signs necessary to promote the health, safety and general welfare of the citizens of Collier County, Florida, by lessening hazards to pedestrians and vehicular traffic, by preserving property values, by preventing unsightly and detrimental signs that detract from the aesthetic appeal of the county and lead to economic decline and blight, by preventing signs from reaching such excessive size and numbers that they obscure one another to the detriment of the county, by assuring good and attractive design that will strengthen the county's appearance and economic base, and by preserving the right of free speech and expression in the display of signs [Underlining added for emphasis]. Zoning and Land Development Review staff recommends APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING(NIM): The NIM requirement for this petition was waived by the Hearing Examiner. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report on September 1, 2017. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20170000247. Attachments: A) Proposed Ordinance Revisions B) Comprehensive Planning Review Memo, dated 8-15-17 C) Excerpt from the Staff Report prepared for PUDZ-PL2011-0000045 D) Email message waiving NIM, dated 6-27-17 PDI-PL20170000247, Sabal Bay PUD Last revised: 9/1/17 Page 8 of 9 Hearing Examiner Date: 9/28/17 PREPARED BY: t\I k_,Aam,„ Y/a8/17 KAYSELEM,AICP DATE ZONING SERVICES SECTION REVIEWED BY: g30t7 RAYI% LOWS, MANAGER DATE ZON SERVICES SECTION MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION Tentatively scheduled for the November 14,2017 Board of County Commissioners Meeting PDI-PL20170000247, Sabal Bay PUD Last revised: 8/28/17 Page 9 of 9 Hearing Examiner Date: 9/28/17 SECTION ONE: AMENDMENT TO SECTION II, PROJECT DEVELOPMENT, SUBSECTION 2.17, SIGNAGE, OF THE MIXED USE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NOS. 2012-12 AND 2005-59,THE SABAL BAY MPUD Section II, Project Development, Subsection 2.17, Signage, of the Mixed Use Planned Unit Development Document, attached to Ordinance Nos. 2012-12 and 2005-59, The Sabal Bay MPUD, and as amended by two insubstantial changes to the PUD (PDIs) approved by Hearing Examiner Decision HEX No. 2015-09 and HEX No. 2014-08, is hereby amended to read as follows: * * * * * * * * * * * * * 2.17 SIGNAGE A. GENERAL * * * * * * * * * * * * * 7. Two (2) pole sus may be permitted along the MPUD frontage on Tamiami Trail East (U.S. 41). The signs shall meet all other applicable requirements set forth in Section 5.06.00 of the LDC, except that the signs may be separated by a distance of not less than 525 linear feet as measured along the Tamiami Trail frontage. This constitutes a deviation from LDC Section 5.06.04.7.1,which requires a minimum separation of 1,000 feet. * * * * * * * * * * * * * Page 1 of 2 Words underlined are added;words sktlele-thceiigh are deletions H:\2017\2017004\WP\PDPSabal Bay MPUD(2-20-2017).docx Attachment A SECTION TWO: AMENDMENT TO EXHIBIT C, LIST OF DEVIATIONS, OF THE MIXED USE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NOS. 2012-12 AND 2005-59, THE SABAL BAY MPUD Exhibit C, List of Deviations, of the Mixed Use Planned Unit Development Document, attached to Ordinance Nos. 2012-12 and 2005-59, The Sabal Bay MPUD, and as amended by two insubstantial changes to the PUD (PDIs) approved by Hearing Examiner Decision HEX No. 2015-09 and HEX No. 2014-08, is hereby amended to read as follows: * * * * * * * * * * * * * Exhibit"C",List of Deviations Deviation 16 seeks relief from LDC Section 5.06.04.7.1 which requires a minimum separation of 1,000 feet between pole signs to allow for two (2) pole signs along the MPUD frontage on Tamiami Trail East (U.S. 41). The signs shall meet all other applicable requirements set forth in Section 5.06.00 of the LDC, except that the signs may be separated by a distance of not less than 525 linear feet as measured along the Tamiami Trail frontage. Page 2 of 2 Words underlined are added;words stmelt-thfetigh are deletions H:\2017\2017004\WP\PDI\Sabal Bay MPUD(2-20-2017).docx � Co1Ci.�e-r Cor��.ty Growth Management Department Zoning Division Comprehensive Planning Section MEMORANDUM To: Eric Johnson, AICP,CFM, Principal Planner Zoning Division,Zoning Services Section From: Sue Faulkner, Principal Planner,Comprehensive Planning Date: August 15, 2017 Subject: Future Land Use Element(FLUE) Consistency Review PETITION NUMBER: PDI -PL20170000247 R4 PETITION NAME: Sabal Bay Mixed Use Planned Unit Development(MPUD) with Insubstantial Changes (PDI)(Review 4) REQUEST: To amend Sabal Bay MPUD, approved via Ordinance #05-59, as amended via Ordinance #12- 12, to add one additional deviation regarding signage to allow for more than one Directory Sign along the commercial frontage on Tamiami Trail, for a maximum of two Directory Signs for one PUD on one public road. (The Land Development Code allows only one Directory Sign per public road.) LOCATION: The±2,416.49-acre site is located on the southeast side of the intersection of Tamiami Trail East (US 41) and Thomasson Drive, and north and west of the Wentworth Estates PUD; in Section 19, Township 50 South, Range 26 East and Sections 23, 24, 25,26, and 36, Township 50 South, Range 26 East. COMPREHENSIVE PLANNING COMMENTS: The subject PUD is designated Urban, Urban Commercial District, Urban Mixed Use Activity Center Subdistrict #17, and Urban Mixed-Use District, Urban Coastal Fringe Subdistrict,and is within the Coastal High Hazard Area as depicted on the Future Land Use Map of the Growth Management Plan. The Activity Center Subdistrict is intended to accommodate a variety of residential and non-residential uses, including Planned Unit Developments. The Sabal Bay MPUD is approved via Ordinance#12-12 for a maximum of 1,999 residential dwelling units and 182,000 square feet of commercial. This petition is for Insubstantial changes to the Planned Unit Development(PDI)to amend the MPUD to add a sign deviation pertaining to the commercial portion of the PUD which is located in the MUAC. No changes to the PUD boundary, or in permitted uses,densities, or intensities are being requested. Relevant FLUE Objectives and policies are stated below (in italics); each policy is followed by staff analysis (in bold). 2800 North Horseshoe Drive, Naples,FL 34104 Page 1 of 2 Attachment B FLUE Policy 5.4: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). (Comprehensive Planning staff leaves this determination to Zoning staff as part of their review of the petition.) FLUE Objective 7 and Relevant Policies Due to the minor changes proposed(no changes in permitted uses, densities, or intensities), and since the Sabal Bay MPUD was evaluated for consistency with the Future Land Use Element prior to the adoption of Ordinance #12-12 on March 12, 2012, staff is of the opinion that a re-evaluation of FLUE policies under Objective 7 (pertaining to access, interconnections,walkability, etc.) is not necessary. Based upon the above analysis,the proposed PDI may be deemed consistent with the Future Land Use Element. cc: Mike Bosi, AICP, Director, Zoning Division David Weeks, AICP, Growth Management Manager, Zoning Division, Comprehensive Planning Section Ray Bellows, Manager, Zoning Services Section PDI-PL2017-0247 Sabal Bay R4.docx 2800 North Horseshoe Drive, Naples, FL 34104 Page 2 of 2 EXCERPT FROM THE STAFF REPORT FOR SABAL BAY, PUDA-PL2011-0000047 FINDINGS OF FACT: PUD Findings: LDC Subsection 10.02.13.B.5 states that,"In support of its recommendation,the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area as limited by staff. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the attached report from Comprehensive Planning staff and the zoning analysis of this staff report. Based on those staff analyses, planning zoning staff is of the opinion that this petition may be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff has provided a review of the proposed uses and believes that the project will be compatible with the surrounding area, subject to approval of the recommended limitation of staff,the proposed development standards and project commitments. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Attachment C Page 1 of 6 EXCERPT FROM THE STAFF REPORT FOR SABAL BAY, PUDA-PL2011-0000047 The amount of native preserve aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally, the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as road capacity, wastewater disposal system, and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. Additionally this petition represents an amendment to an approved PUD; no acreage or intensity or density is being added. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking 15 deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff has provided an analysis of the deviations in the Deviation Discussion portion of this staff report, and is recommending approval of all deviations. Rezone Findings: LDC Subsection 10.03.05.1. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, &policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in-depth review of the proposed project. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the Page 2 of 6 EXCERPT FROM THE STAFF REPORT FOR SABAL BAY, PUDA-PL2011-0000047 project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME. Therefore, staff recommends that this petition be deemed consistent with the GMP subject to staff's conditions of approval. 2. The existing land use pattern; Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed amendment is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD amendment would not create an isolated zoning district because the subject site is already zoned PUD and there are no land additions proposed as part of this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek such the amendment to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. Without this amendment, the property could be developed in compliance with the existing PUD ordinance regulations. The applicant's request is consistent with the proposed GMPA. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed amendment, with the commitments made by the applicant, can been deemed consistent County's land use policies that are reflected by the Future Land Use Element(FLUE) of the GMP. The project includes numerous restrictions and standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD amendment should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes Page 3 of 6 EXCERPT FROM THE STAFF REPORT FOR SABAL BAY, PUDA-PL2011-0000047 or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project with the mitigation that will be provided by the developer. Staff believes the petition can be deemed consistent with all elements of the GMP if the mitigation is included in any recommendation of approval. 8. Whether the proposed change will create a drainage problem; The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this amendment petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. The location of the proposed buildings,combined with the setbacks and project buffers will help insure that light and air to adjacent areas will not be reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results,which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Page 4 of 6 EXCERPT FROM THE STAFF REPORT FOR SABAL BAY, PUDA-PL2011-0000047 The subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district, if staff's conditions of approval are adopted, and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the subject property already has a zoning designation of PUD; the PUD rezoning was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban-designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed amendment is consistent with the GMP as it is proposed to be amended as discussed in other portions of the staff report. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Additional development anticipated by the PUD document would require considerable site alteration. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. Page 5 of 6 EXCERPT FROM THE STAFF REPORT FOR SABAL BAY, PUDA-PL2011-0000047 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. Page 6 of 6 From: StrainMark [mailto:MarkStrainCacolliergov.neti Sent: Tuesday, June 27, 2017 8:34 AM To: Paula McMichael; BeasleyRachel; ReischlFred Cc: Bob Mulhere; Stephanie Karol Subject: RE: Sabal Bay PDI - PL20170000247 - NIM In response to the attached insubstantial change waiver request: pursuant to LDC section 10.03.06.H.2 as amended by Ordinance 2014-33, the requirement for a neighborhood informational meeting (NIM) is waived. The change requested is insubstantial and limited in scope with minimal, if any, impact on adjacent properties. Marls, 23 9.252.444.6 Under Florida Law,e-mail addresses are public records If you do not want your e-mail address released in response to a publi:records request,do not send electronic mail to this entity Instead,contact this office by telephone or in writing. From: Paula McMichael [mailto:PaulaMcMichael@hmeng.com] Sent:Thursday, June 22, 2017 10:37 AM To: BeasleyRachel <RachelBeasley@colliergov.net> Cc: Bob Mulhere<BobMulhere@hmeng.com>; StrainMark<MarkStrain@colliergov.net>;Stephanie Karol <StephanieKarol@hmeng.com> Subject:Sabal Bay PDI -PL20170000247- NIM Hi Rachel, We would like to request that the requirement for a Neighborhood Information Meeting be waived for the above-referenced petition,the Sabal Bay Sign PDI.The requested deviation to allow an additional directory sign for the commercial properties along US 41 will have limited impacts on adjacent properties, given that the commercial frontage is approx. 1,600 feet in length along US 41 and the proposed directory sign will match existing signage within the PUD. We responded to the last comment letter from staff yesterday; it is also attached for your reference. Thank you, Paula N. C. McMichael, AICP Associate, Director of Planning &CM HOLE MONTES 950 Encore Way Naples, FL 34110 Direct: (239) 254-2028 Main Line: (239) 254-2000 Facsimile: (239)254-2099 paulamcmichael@hmeng.com Attachment D DeselemKay From: Patricia Young <payoung3@hotmail.com> Sent: Monday, October 02, 2017 10:24 AM To: DeselemKay Subject: Just what is needed Dear Ms. Desaelem, Thank you for your earlier response. And I just received an official letter in the mail regarding the sign at the Shoppes of Hammock Cove. As a resident of the Isles of Collier Preserve, I think the sign is a definite good addition to the shopping area. As it I now, it appears that Culver's is a separate entity. The new sign will align Culvers with the other stores,and hopefully, we will get some new and attractive business(hotel, bookstore?)to build on that large parcel of land to the east of Culver's. Patricia Young 5074 Andros Drive, Naples 34113 Sent from Mail for Windows 10 COfirer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239) 252-6358 INSUBSTANTIAL CHANGE TO A PUD (PDI) LDC subsection 10.02:13 E&Code of Laws section 2-83—2-90 Ch.3 G3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): Collier Land Development, Inc. Address: 2550 Goodlette Road North City: Naples State: FL zip: 34103 Telephone: 239-434-4049 Cell: N/A Fax: N/A E-Mail Address: VPike@CollierEnterprises.com Name of Agent: Robert J. Mulhere, FAICP, Vice President, Planning Services Folio#:71750002507 Section: 19 Twp: 50S Range: 26E Firm: Hole Montes, Inc. Address: 950 Encore Way City: Naples State: FL zip: 34110 Telephone: 239-254-2000 Cell: N/A Fax: 239-254-2099 E-Mail Address: bobmulhere@hmeng.com 6/17/2015 Page 1 of 5 5J9ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239) 252-6358 DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? • Yes n No 1. If applicant is a land trust, so indicate and name the beneficiaries below. x ] 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. I 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. n 4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. 1 5. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. ri 6. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below: (If space is inadequate, attach on separate page) Robert D. Corina, President; Patrick L. Utter, VP; Christian Spilker, VP DETAIL OF REQUEST On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. PROPERTY INFORMATION PUD NAME: The Sabal Bay MPUD ORDINANCE NUMBER: 2012-12 and 2005-59 FOLIO NUMBER(S): 71750002507 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? 1•I Yes n No 6/17/2015 Page 2 of 5 Co er Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 If no, please explain: Has a public hearing been held on this property within the last year? Yes ■ No If yes, in whose name? Has any portion of the PUD been n SOLD and/or DEVELOPED? Are any changes proposed for the area sold and/or developed? n Yes 11 No If yes, please describe on an attached separate sheet. 6/17/2015 Page 3 of 5 Coiter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 of the'Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. • REQUIREMENTS FOR REVIEW _ REQUIRED CPIES REQUIRED Completed Application (download current form from County website) 1 1-6 Pre-Application Meeting notes 1 x Project Narrative, including a detailed description of proposed changes 1 46 Ix � n and why amendment is necessary Detail of request n x Current Master Plan & 1 Reduced Copy _ H Revised Master Plan& 1 Reduced Copy ._. n x Revised Text and any exhibits _ x PUD document with changes crossed through & underlined I 1] PUD document as revised with amended Title Page with Ordinance# ] Ix Warranty Deed -See Plat Ix Legal Description -See Plat n Ix Boundary survey, if boundary of original PUD is amended I x If PUD is platted, include plat book pages Ix I n List identifying Owner&all parties of corporation 2 x Affidavit of Authorization, signed & notarized 2 x Completed Addressing Checklist 1 x l Copy of 8%2 in. x 11 in. graphic location map of site - see Plat 1 n ❑ Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all materials 1 n ❑ to be submitted electronically in PDF format. *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 6/17/2015 Page 4 of 5 9 ' r9unty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.coiliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: 0 School District(Residential Components):Amy ❑ Bayshore/Gateway Triangle Redevelopment: Lockheart Executive Director 0 Utilities Engineering: Kris VanLengen ❑ Parks and Recreation:Vicky Ahmad 0 Emergency Management:Dan Summers ❑ Naples Airport Authority:Ted Soliday ❑ Conservancy of SWFL: Nichole Ryan ❑ Other: ❑ City of Naples:Robin Singer,Planning Director El Other: FEE REQUIREMENTS DI PUD Amendment Insubstantial (PDI):$1,500.00 ® Pre-Application Meeting:$500.00 , EF Estimated Legal Advertising fee for the Office of the Hearing Examiner: %$1,125 The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Department/Planning and Regulation ATTN: Business Center $1,500 2800 North Horseshoe Drive $1,125 Naples, FL34104 $ 100 (Fire Rev) $2,725 07/47--- 2-21-2017 - 500 (credit) Applicant/Owner Signature Date $2,225 Robert J. Mulhere, FAIC, Vice President/Agent Applicant/Owner Name(please print) 6/17/2015 Page 5 of 5 • AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) THE SABAL BAY MPUD E I, PA-itiGV- L.O'V1L (print name), as 1 EGc Plc r). (title, if applicable)of COLLIER LAND DEVELOPMENT,INC. (company, If applicable), swear or affirm under oath,that I am the (choose one) owner ,/ applicant contract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours 'for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize ROBERT J.MULHERE,FAICP,VICE PRESIDENT,PLANNING SERVICES to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp.pres. or v. pres. • If the applicant is a Limited Liability Company(L.L.C.) or Limited Company(L.C.), then the documents should typically be signed by the Company's"Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • • If the applicant is a limited partnership, then the general partner must sign and be identified as the `general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee" • In each instance, first determine the applicant's status, e.g.;individual, corporate, trust, partnership, and then use the appropriate format for that ownership. , Under penalties of perjury, I declare that l have read the foregoing Affidavit of Authorization and that the piss ated in i re truL ct , 2- 1-\-1 Signature Date STATE OF FLORIDA COUNTY OF COLLIER - The foregoing instrument was sworn to (or affirmed) and subscribed before me on C16;1, "2-0 fl (date) by P/k cu.. L. VA-tee— (name of person providing oath or affirmation), as \(tc.t VaalLeAr 0P.&LS).Tic-4.— who is personally known to me or who has produced • (type of identification)as identification. 0 ca___,(4_,„ c? __,—,' STAMP/SEAL,,'' Signature of Notary Public o•stsYe/ie�. . Valerie L.Pike Z b ,NotaryPublic-StateofFlorida 5.1111.416114;c Commission#GG 22100 oF�� 9 .e .. Expires 08/17/2020 . � I CP\08-COA-00115\155 REV 3/24/14 CO er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Pre-Application� - Meeting Notes E./1r Petition Type: 712r Date and Time: / �,/ Assigned Planner: 72,47w+,/ /l i C.--'"f Engineering Manager(for PPL's and FP's): Project Information Project Name: 6j4-541 5, PL#: F.4-0'j 700 UO ?J+ 7 .tJ1 Property ID#: -717 500 O so 7 Current Zoning: 511-6/44j ?. 7b Project Address: City: State: Zip: Applicant: , Agent Name: ,.+''a1 t141 t &'a Phone: Agent/Firm Address: City: State: Zip: Property Owner: Please provide the following,if applicable: i. Total Acreage: ii. Proposed#of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments,indicate the original petition number: v. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: CIL unty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 IMeeting Notes '�-- f il „,,,;.1. LO .1. C.,,,?,.-, .- Ir r..,tct A Q..'3C. 4..- LL f- ft L.�t ..-,-z--tet 4(€1 U.I . t'2.. .�',+_ ✓`U �j 1 I�-• �-. �1' 4.•-7 A , i > . . _' , LLy t ' f,A .A, %.-A:!� ms's ,(L�.44.*:;.. 1 s .J- y ( , ,-4 r-V a_.+n- iii'k.,, ,f' . .i""f t 1 .�_,_: . , ,_ i _ - / . 0-A4":...4 rl_..P — 0<-4 1:4 ..."7 P...,3-- f7444:1A'-1)-1.- f-- Li C9- ; .--te „,._ (..„-:.-L......LI F.-....„ rkr.) te-t&in rt--'V- _ 1---,. ..ZOI,N3 teV 61,CNA) LO 1G f _ ocS C Ski y fes. . rsr.3x k L<Si 5 ri ' I,t.Ot: J 1iZO-tom' /z Si 41 & Ufa- LE , N LoPri Li S h t4- $! Li ' 1 r-t t,er kw t L1 Thq la--17 (-N.J tA.) rig - -tiS PF---/ Ced7r bk3 i ii-k- D( A--y,A___ v-Asf4_40.-- 0))) 6 s(Li /0 1,064 o 12eNi LE ii-2) -r-6 c/o ov eA, & S9A.) bvicj-76,1.,E . , 1 I I 10 Co yer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 ADDRESSING CHECKLIST, Please complete the following and email to GMD_Addressingt✓dicolliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED.Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE(Indicate type below, complete a separate Addressing.Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ 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) ❑ SIPI(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 El VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) 0 OTHER PDI LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) Section 19, Township 50S, Range 26E See Attached FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with, legal description if more than one) 71750002507 STREET ADDRESS or ADDRESSES(as applicable, if already assigned) • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unpiatted properties) CURRENT PROJECT NAME(if applicable) PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) 4 f SDP - or AR or PL# {( Co ger County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: Q Email ❑ Fax ❑ Personally picked up Applicant Name: Robert J. Mulhere, FAICP, VP/Stephanie Karol, Permitting Coordinator Phone: 239-254-2018 Email/Fax: stephaniekarol@hmeng.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 71750002507 Folio Number • Folio Number Folio Number Folio Number Folio Number Approved by._ "'''R' Date: 1/26/2017 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Gt ii er 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 PL#: F1-20/7000t, 7 Collier County Contact Information: Name Review Discipline Phone Email ❑ Chris Alcorn Utility Billing 821-8136 chrisalcorn@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 252-2361 StephenBaluch@colliergov.net ❑ Laurie Beard Transportation Pathways 252-5782 Lauriebeard@colliergov.net ❑ Rachel Beasley Zoning Services 252-8202 rachelbeasley@colliergov.net ❑ Marcus Berman County Surveyor 252-6885 MarcusBerman@colliergov.net ❑ Mark Burtchin ROW Permitting 252-5165 markburtchin@colliergov.net ❑ George Cascio Utility Billing 252-5543 georgecascio@colliergov.net ❑ Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heidiashton@colliergov.net ' `' Sue Faulkner Comprehensive Planning 252-5715 suefauikner@colliergov.net ❑ Dale Fey North Naples Fire 597-3222 dalefey@colliergov.net ❑ Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@colliergov.net ❑ Nancy Gundlach,AICP,PLA Zoning Services 252-2484 nancygundlach@colliergov.net ❑ Shar Hingson East Naples Fire District 687-5650 shingson@ccfco.org ❑ John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net ❑ Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net ❑ Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphries@colliergov.net ❑ Eric Johnson,AICP,CFM Zoning Services 252-2931 ericjohnson@colliergov.net ❑ Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net ❑ Stephen Lenberger Environmental Review 252-2915 stevelenberger@colliergov.net ❑ Garrett Louviere Stormwater 252-2526 _garrettlouviere@colliergov.net ❑ Paulo Martins Utilities 252-4285 paulomartins@colliergov.net ❑ Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto@colliergov.net ❑ Jack McKenna, P.E. Engineering Services 252-2911 jackmckenna@colliergov.net ❑ 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 ❑ Jessica Huckeba CAD Technician 252-2315 JessicaHuckeba@colliergov.net 0 Brandy Otero Transit 252-5859 brandyotero@colliergov.net Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net (239)252-2400 ❑ Bill Pancake North Naples Fire 597-3222 billpancake@colliergov.net ❑ Brandi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net Cl Fred Reischl,AICP Zoning Services 252-4211 fredreischl@colliergov.net ❑ Brett Rosenblum, P.E. Utility Plan Review 252-2905 brettrosenblum@colliergov.net ❑ Edwin Sanchez Fire Review 252-7517 edwinsanchez@colliergov.net ❑ Michael Sawyer Transportation Planning 252-2926 michaelsawyer@colliergov.net _❑ Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net ❑ Chris Scott,AICP Planning and Zoning 252-2460 chrisscott@colliergov.net ❑ Peter Shawinsky Architectural Review 252-8523 PeterShawinsky@colliergov.net - )K., Daniel Smith,AICP Zoning Services 252-4312 danielsmith@colliergov.net ❑ -Ellen Summers Planning and Zoning 252-1032 EllenSummers@colliergov.net , Scott Stone Assistant County Attorney 252-8400 scottstone@colliergov.net ❑ Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net ❑ Chad Sweet Transportation 252-5687 chadsweet@collierogv.net ❑ Mark Templeton Landscape 252-2475 marktempleton@colliergov.net ❑ Jon Walsh Building Review 252-2962 jonathanwalsh@colliergov.net ❑ David Weeks,AICP Comprehensive Planning 252-2306 davidweeks@colliergov.net ❑ Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net ❑ Christine Willoughby Planning and Zoning 252-5748 ChristineWilloughby@colliergov.net Additional Attendee Contact Information: Name Representing Phone Email zsick kakiPact Co 1.1_41 .- revse:s 44.k-4041. v4i eG�N Pa:4.ss.c.,,., e lC Ott4V rt it `134(-`teif4,J ° it.ltt (Se$.tdM 0bL-h-0 �y Coiter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 6.3 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below,with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application(download current form from County website) 16 kl ❑ Pre-Application Meeting notes 1 k'l ❑ Project Narrative, including a detailed description of proposed changes 16 E7 and why amendment is necessary Detail of request n 0:i. Li Current Master Plan&1 Reduced Copy ❑ rj Revised Master Plan& 1 Reduced Copy E174 ❑ Revised Text and any exhibits T la PUD document with changes crossed through&underlined L E Li PUD document as revised with amended Title Page with Ordinance# ❑ r 1---- Warranty Warranty Deed ❑ F1 n Legal Description ❑ _ g. Boundary survey, if boundary of original PUD is amended ❑ 111. n If PUD is platted, include plat book pages Cl 0 List identifying Owner&all parties of corporation 2 `i Affidavit of Authorization,signed&notarized 2 l I Completed Addressing Checklist 1 ii U Copy of 8%2 in.x 11 in.graphic location map of site 1 /5 ❑ Electronic copy of all documents and plans P*Please advise:The Office of the Hearing Examiner requires all materials ❑ nto be submitted electronically in PDF format. ' *If located in Immokalee or seeking affordable housing,include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 6/17/2015 Page 4 of 5 Coen County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239) 252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District(Residential Components):Amy ❑ Bayshore/Gateway Triangle Redevelopment: 1-1 Lockheart Executive Director ❑ Utilities Engineering: Kris VanLengen ❑ Parks and Recreation:Vicky Ahmad ❑ Emergency Management:Dan Summers ❑ Naples Airport Authority:Ted Soliday ❑ Conservancy of SWFL:Nichole Ryan El Other: ❑ City of Naples:Robin Singer,Planning Director ❑ Other: FEE REQUIREMENTS PUD Amendment Insubstantial(PDI):$1,500.00 ��r G Pre-Application Meeting:$500.00 gr Estimated Legal Advertising fee for the Office of the Hearing Examiner:$5.80 The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Department/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Applicant/Owner Signature Date Applicant/Owner Name(please print) 6/17/2015 Page 5 of 5 Coffer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 If no, please explain: Has a public hearing been held on this property within the last year? ( I Yes n No If yes, in whose name? Has any portion of the PUD been (1 SOLD and/or I I DEVELOPED? Are any changes proposed for the area sold and/or developed? I I Yes I I No If yes, please describe on an attached separate sheet. 6/17/2015 Page 3 of 5 JUSTIFICATION AND NARRATIVE PDI-SABAL BAY MPUD REVISED 5-18-2017 Background: Sabal Bay MPUD was approved by the Collier County Commission on November 15,2005. The PUD is 2,426.08 acres in size and allows for up to 1,999 dwelling on 1,585 acres as well as several other non- residential uses, include some 75 acres of commercial development allowing up to 200,000 square feet of retail, 60,000 square feet of office and 250 hotel rooms. The commercial development is primarily located along the U.S. 41 frontage(Tracts CO1, CO2,and CO3,depicted on the PUD master plan).All of the commercial tracts have been platted (Sabal Bay Commercial Tract). PUD Tract CO1 is fully developed.Tract CO2 is partially developed. Tract CO3 has one outparcel developed. SABAL BAY MPUD, MPUD MASTE.I PLAN , :'�, ` Wh,d"", �..� ».. t onttano , . --"Ny .1pav , r'a'pow../ PF \fisi RGB 41%. viwillibri.„00` • k \ Q u RG6 Gi \ o Requested Insubstantial Change to the PUB PUD Exhibit C provides for deviations from the LDC, including deviations from certain sign regulations (Section 5.06.00), but does not provide for a specific deviation that would allow for more than one Directory Sign along the PUD's commercial frontage on Tamiami Trail. The LDC defines Directory Sign as follows: Directory sign:A sign located at the entrance to a multiple-occupancy parcel or multiple parcels developed under a unified plan of development. This sign may be a freestanding(pole, monument or ground), awning, or wall sign. Section 5.06.04.F.3.reads as follows: Directory Signs. Multiple-occupancy parcels or multiple parcels developed under a unified development plan, with a minimum of 8 independent units, and containing 20,000 square feet or more of leasable floor area shall be permitted 1 directory sifn at one entrance on each public street. a. The maximum height for directory signs is limited to 20 feet.Height shall be measuredfrom•om the lowest centerline grade of the nearest public or private right-of-way or easement to the uppermost portion of the sign structure. 1 H:\2017\2017004\WP\PDI\lst ResubmittaNustification and Narrative 05-18-17.docx b. Directory signs shall not be closer than 10 feet from the property line, unless otherwise noted below or as provided for in section 9.03.07. c. Maximum allowable sign area:200 square feet for directory signs. d. A minimum 100 square foot landscaping area shall be provided around the base of any directory sign. By definition,a Directory sign may be a pole,monument or ground sign. One Directory sign exists at the entrance to the Shops at Hammock Cove,between PUD Tracts CO2 and CO3, and another Directory sign exists at the Thomasson Drive entrance to the Shoppe at Hammock Cove. This deviation would allow for a third Directory sign to be located on US 41 (Tamiami Trail East) at the entrance to the next phase, as depicted below. Y xy r< ". -... V Thomasson Drive Entrance Tamiami Trail East Entrance Shoppes at Hammock Cove Shoppes at Hammock Cove The commercial frontage of the Sabal Bay MPUD along Tamiami Trail(U.S.41)is 1,550±feet.This PDI seeks to allow for one additional Directory Sign,to be located at the entrance to PUD Commercial Tract CO3. The proposed location is depicted below. The ingress/egress design at this location anticipated one additional Directory sign at this location, similar in size and scale to the two existing Pole Signs (see I pictures above). 1 .�i,./ .. Proposed Sign Location J ‘ '. - 3 _ b � '1 \ R , oogieL The following language(underlined)is proposed to be added to the Sabal Bay PUD, Section 2.17 Justification: As stated,there are two existing Directory signs; one is located at the project entrance to the Shoppes at Hammock Cove on Thomasson Drive, and one is located at the project entrance to the Shoppes at Hammock Cove on Tamiami Trail East.This request is to allow another pole sign at the second entrance (to serve the next phase of the Shopping Center development, approximately 525 feet to the east on Tamiami Trail East. In hind sight,this request should have been made at time the Sabal Bay MPUD was approved in 2005; however, the need for the additional sign really became clear once the commercial 2 H:\2017\2017004\WP\PDI\lst Resubmittal\Justification and Narrative 05-18-17.docx tracts were platted. The Sabal Bay MPUD commercial frontage (on Thomasson and Talniami Trail combined) contains more than 2,500 linear feet or road frontage. The additional Directory sign is necessary to allow for reasonable signage to support the uses located within this phase of the commercial development. This is a master planned community and the signage will be consistent with the existing sign design and will meet all required dimensional standards of the LDC. The requested sign will enhance the marketability of the parcels located in this phase of the commercial development and will allow easy identification of the businesses within this phase for the public seeking to locate such businesses. 3 H:12017120170041WP\PDI11st ResubmittalUustification and Narrative 05-18-17.docx GD to H s.V 0 C NO d D Q, W v d `1 I. ..i) p6 pb , /: x j 4 : t 1 -- . i # ca. / ,4* iM1 ` ' i Y.. s —ter__ ! M,4 ', ±� ` " } i Y e ,,r-, lit* ',, i 4 .. • t 11 '" .' . , \ ° ' - ,• - , ,..' 4t, AVI, . ',*'' ' ii_. - -4.- -::---:' \ x, . '.,:-,,.....,-„,..F„.;;._.t. ,--,4, .-- ��a5 A� AS °� Ln ek i ,. . Q f -sc. . ar . ,`"44, < '1, ' ' N, - ,fit o m . . . COo 1 0Ca = CO ': J f/0� s ' 00 V for al debts mentioned*bow and releases SigncraR vo.ts t AWS: Power 3003:, . 4 fid , , ., 1 TENANT , _.,.. ,,,,, i . , . . jot SPACE , _,, , _. . �� Shops at �� ;�� - : Hammock Cove �, q Y y OOP ' - ._. . u - �' fy .i • A C • a M • 1. • ,.. S -�, %.y.4 •a - ,,' '. ',,'-, $ h i i-1 '_, f .•• •` . •r • •3 , r• » • • I 1 Ir . >T� J fir' K Sl l ff , } 4 , t, .!" 71+! -. fwr+ HEX NO.2015—09 HEARING EXAMINER DECISION PETITION NO. PDI-PL20140002103 — CDC Land Investments, Inc., Collier Land Development, Inc., and Fifth Third Bank request an insubstantial change to the Sabal Bay Mixed Use Planned Unit Development ("MPUD"), Ordinance No. 05-59, as amended, to increase the maximum total size of office space in the Commercial/Office Tracts C/O1 and C/O2 from 40,000 to 60,000 square feet, and decrease the maximum total size of retail or other commercial uses in Tracts C/O1 and C/O2 from 142,000 to 122,000 square feet; and to amend Exhibit A, the MPUD Master Plan, by adding an additional access point for Tract C/O1 The subject property is located south of Thomasson Drive, south and west of U.S. 41,and north and west of Wentworth PUD,in Sections 23,24,25,26 and 36,Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County,Florida,consisting of 2,416±acres. DATE OF HEARING: March 12,2015. STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections 10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition is approved. ANALYSIS: At the Neighborhood Informational Meeting (NIM) two members of the public were in attendance. After the applicant's presentation at the NIM, there were no questions from the public. No members of the public were in attendance at this hearing and no letters of objection have been received. DECISION: The Hearing Examiner hereby approves Petition Number PDI-PL20140002103, filed by R. Bruce Anderson, Esq. of Roetzel & Andress, and Burt L. Saunders, Esq. of Gray Robinson, representing CDC Land Investments, Inc. and Collier Land Development, Inc. and Fifth Third Bank, with respect to the property as described in the Sabal Bay MPUD, Ordinance No. 05-59, as amended, for the following insubstantial changes: • to increase the maximum total size of office space in the Commercial/Office Tracts C/01 and C/02 from 40,000 to 60,000 square feet; • to decrease the maximum total size of retail or other commercial uses in Tracts C/O1 and C/02 from 142,000 to 122,000 square feet; and • to amend Exhibit A, the MPUD Master Plan, by adding an additional access point for Tract C/O1. [14-CPS-01394/1150921M36 1 of 2 Said changes are fully described in the Sabal Bay MPUD amendment and Master Plan attached as Exhibit"A", and are subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A—MPUD Amendment and Master Plan LEGAL DESCRIPTION: See Ordinance No. 05-59, as amended,the Sabal Bay MPUD. CONDITIONS: 1. The new access point on Thomasson Lane is not restricted from pursuing a full access as a condition of approval. However, operational conditions assessed at the time of Site Development Plan (SDP) submittal may require a turn lane, and/or preclusion of the left- in/left-out turning movements. In accordance with LDC section 6.06.01.C.1 "nothing in any development order shall vest a right of access in excess of a right-in/right-out condition at any access point." 2. During review of the SDP or subsequent Right-Of-Way (ROW) permit approval, the County may require a performance guarantee, such as a bond or letter of credit, be posted by the applicant in order to provide for closure of the left-in or left-out movements. An operational review may be performed by the County within the first 18 months after issuance of the Certificate of Occupancy. If upon review of the results of the operational review,the County determines it is necessary to close the left-in or left-out movements, the county may call on the performance guarantee in order to pay for the cost of installing the appropriate driveway barriers to preclude left-in/left-out turning movements. 3. The new driveway location must be located such that it provides approximately 125 feet (no more than 10% measured from the centerline of the driveway), in each direction, to the nearest intersection. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. 1C)t —(20IC NAL P Atcf, Date Maria Strain, Hearing Examiner Appr ved as o form and legality: Sco A.Stone Assistant County Attorney [14-CPS-01394/1150921/1}36 2 oft Section V, entitled "Commercial/Office," of the PUD Document attached to Ordinance 05-59, as amended,the Sabal Bay Mixed Use PUD,is hereby amended as follows: * * * * * * * * * * * * * * 5.2 MAXIMUM COMMERCIAL/OFFICE SQUARE FEET The 50± acre Commercial/Office Areas (Tracts C/O1, C/02 and C/03), shall be developed with an amount of commercial/office square footage that will not exceed individual DRI thresholds. Total retail or other uses on the C/O1 and C/02 shall not exceed 142,000 122.000 square feet of retail and 404)08 60.000 square feet of office space. Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds established for a mixed-use project (100 percent for a specific use and 160 percent of any combination of three or more uses) as those regulations exist on the date this MPUD is approved. This shall be monitored through the PUD monitoring process on an annual basis and through the SDP and/or subdivision • plat review process. Exhibit A, the MPUD Master Plan, of the PUD Document attached to Ordinance 05-59, as amended,the Sabal Bay Mixed Use PUD, is hereby repealed in its entirety and replaced with Exhibit A,attached hereto and incorporated herein. . t ' Words underlined are additions;words struck through are deletions Revised 12/8/2014 Exhibit A to HEX No. 2015-09 Page 1 of 6 Amended Master Plan PLANS FOR SABAL BAY MPUD SECTION 25,AND PORTIONS CF SECTIONS 23,24,26,AND 36, TOWNSHP 50 SOUTH,RANC E 25 EAST, AND A PORTION OF SECTION 19, TOWNSHP 50 SOUTH,RANG 26 EAST, COLLI?COUNTY,FLOPoDA M A PROJECT OWNED BY INDEX TO SHEETS 3 CDC LAND INVESTMENTS, INC.AND �r - - . COLDER LAND DEVELOPMENT, INC. A: 2550 2550 OOODLETTE ROAD —_ D NAPLES,FL 34103 —_- —.----. - 6 PHONE — — 0 1 ' 5-1;t;jil. _.71-* 11111.41111111111 _ n3 M X . '1 7 .1,__0—---2;^7 NAPE& Airli 1)41 rs) , \- -4114e 1101111.4 ,,n.ill _, 551 � ' AC° ..._ - li:is rA I LOCATION MAP SITE MAP STATUS.REVISIONS I- ra ....,-_,==_^ `NAY 10. 1011 „..., JO//N I/L/YH i ...., WilsonMiller ___ __ •-EYE•-- • -Arks.-I. . .A .nar.A.•Dmid.ca.A _.. 2WEK)OD i M9,eMo.r,h _ Ia..,.....�.,.w.�,00.,...�.....ti�..,...� MAY 2011 oo-' ae Exhibit'A” Page 1 of 5 I. Amended Master Plan - :ft - 114).W.,e' tr'— , rir -1 ta •-•.'. *ook\i, .. .tea a— — = y _ g\, R2#11 4-- rn X lir —41(4 rte. �.• SSS Q / LAND USE SUMMARY F ./ : i/ ! - LEGEND <O /.: •-'2 %;/!%;-',; /,,:;'%` R °cmc ! t, Rcc/vc ''%.' "!/� !/ ". t '- PF N'ECH LEGF110 � $ lm reou7^ 'moi/ R� -x` `wn[crex� �+o-ut��m /2, • � rsEn ra wax..1-Inc o p w I' '4re�..°..s..r •........ a' s'eae...+;ft,1,'.ci°F,:�nmre 7...==" .N„ 1' ca;:::........ '^'— _ StaRte[ Re vee)avmMENTS.PC.am — rr a. �^ __ COWER WC DEVELOPMENT.INC MPLO N/STER PUN m. w 1.._ �-- . m ---.�_- SAPAL�Y IAPLO a�.as "'_n..�r r— Exhibit°A° Page 2 of 5 Amended Master Plan a 7 RMF-6 .TF1CMr4SSQN IANF _ \` RATTLESNAKE HA MOCK ROAD CR.864 e'. r �J?�'.",!`�" DDm•NAL °CC +. DINT e rq ,20•SSO^ R8 r n '�} .. RMF-1' /� � „.,,,,,s... � /`� T _ite' ;� RMF-16 ❑ U m R6 , ' - -- CT *, X t - ._' II TYPE LANDEUFFER (20'MIN.) ,., >fS '" rii • 6 __fit _______-;\ `� 11111 f •>%� GC E'7 LANDSCAPE PEER 13 D \r/ �` ` __ R _ (20 MIN.) co _ / �% �,_ ' ' ��r LAND USE SUYAIARY CD ` _ I a '\yGC u be REC/VC �irw �I�J I a.0 ?-p • • _— My ON g r�ft�'_ 'f�.j _ (LEO' r;aar c..,w+.uoar , tR2-A I - - _ .�-Q� l .. 6 I Q ,,,,,,e----„;, _ R3 . e 4 LEGEND - _ W ! L RECD ¢ua.aa_mrtm E'I ,'6 - _ I I PF neat Ir.,. _ I 1 TYPE'A'LANDSCAPE BU t- P m. I (10'WIC) �� r _ _ 50'D.E. _ _ -— P/PBSii nuc...Dm amen z4,---- , 6 >AI...a.wva,.1 Ptm>KO f .�,,. __ r' L....tec _rnc'ua w4FSINEMs.K 42. —w c.. oa>�.n ooTM..c t-± StAIItCL cR V+.9�1'EYDPNFM.INC NPUD N.STU PLW a..._^.... �,_ ".." �„+..tw .�.�- "^ CONNEHCNL AREA s7RlRGEIlU+i a, '" sem= I� sraa err RPUD '� Exhibit"A' Page 3of5 1111M1 11. • • Amended Master Plan FT2E1T pr 1 s I ''' /7/./7 O i / /%zy "!.7 .m • Gri �f�j '�. I. .. LEGEND I WON LEGEND A = — - ---,..-.=... _gya•nt-�—c`—_• v u[n wo o „ rt:O: 7,7': co nw-... = - w.L SO 41G40 ---w e.clOE A.w . Exhibit'A' Page 4 of 5 Amended Master Plan . • . . . g , -- ri •.. 1_ ._ ..._ ... ... ..: .-,,;----J_ _i_ ;:. I ...•7.'.... .7 ••' ,••.'''.-• : . -...ro ..,..., • -,' 1r ,••.,......-.....--- ..-::.-.. .-4.-- ....;-_1 • = '"''"" 11..1L-Sir7 ..- ns, ..7.^. ...,, ,,,.......,• ,,...,.,„ L ..., 1 "--:--"i'r\ ?f.ti-lAgf-SECH21 ... '-' 1 i''T'-'''1""___ I ' 1 7:4' -7471 an.•el: .. 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C.:1 1 SfCTIMI r-F I i I -...C--.... 9 staid= -Cairtwa c"*.ar4s'stoPwkeff rig a'ilk- caws stows ..._...................... .... Exhibit°A" Page 5 of 5 HEX NO. 2014-08 HEARING EXAMINER DECISION PETITION NO. PDI-PL20130002234 — Minto Sabal Bay, LLC, is requesting an insubstantial change to the Sabal Bay Mixed Use Planned Unit Development (MPUD), Ordinance No. 05-59, as amended, to change the development standards for accessory and principal structure setbacks from lake easements, and to provide for additional signage, including internal project identification flags on light poles within the project. The subject property is located south of Thomasson Drive,south and west of U. S. 41,north and west of the Wentworth PUD, and east of the Naples Bay Intercoastal Waterway in Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County,Florida,consisting of 2,416±Acres. DATE OF HEARING: April 10, 2014 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition,testimony at the hearing of the applicant and the public, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections 10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition should be approved. DECISION: The Hearing Examiner hereby approves Petition Number PDI-PL20130002234, filed by Chris Van Buskirk of Barraco and Associates, Inc. representing Minto Sabal Bay, LLC, with respect to the property as described in the Sabal Bay MPUD, Ordinance No. 05-59, as amended, for the following insubstantial changes: • to revise PUD Section 2.17, Signage, to allow project identification flagpole signs internal to the development; and • to revise PUD Section 3.5, Development Standards, by modifying footnote one to allow both principle and accessory uses and structures a zero foot setback from the lake maintenance easement limit/line. Said changes are fully described in the staff report, and in the Sabal Bay MPUD amendment and Signage Plan and Single Family Lot Detail attached as Exhibit"A". The findings for the original PUD were reaffirmed and included as Exhibit C to the public hearing and accepted as a part of this review. ATTACHMENTS: Exhibit A—MPUD Amendment and Signage Plan and Single Family Lot Detail. LEGAL DESCRIPTION: See Ordinance No. 05-59,as amended,the Sabal Bay MPUD. 1 of2 APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. _ t G _ t�2a J PAI. � Date Mar Strain,Hearing Examiner Appr,) ed as to fi � •�!legality: Scott A.Stone Assistant County Attorney 13-CPS-01273/23 2 of 2 i 411.1.111Olinarat 061111111111101, EXHIBIT "A" Page 1 of 4 tb 110 it Text Amendment to Ordinance No. 12-12 Section II Project Development 2.17 Signage 1 A. General All signs shall be in accordance with section 5.06.00 of the LDC except in the following instances. 1. Two ground or wall entrance signs shall be allowed at the entrance to each individual residential tract and shall be limited in size to 60 square feet each and shall not exceed a height of 6 feet as measured from finished grade. These signs shall not contain more than the project name of the individual tract,the main project name or any major use, the insignia or motto of the project and the Owners' name and logo. Said signs shall be located so that they are visible only internal to the Sabal Bay MPUD. This constitutes a deviation from the Subsection 5.06.02.B.6 of the LDC, which limits such signs to 64 square feet. ' I 2. Two ground signs are permitted for each project entrance (on US 41, Thomasson Drive, Hamilton Avenue and Bayshore Drive), and shall be allowed in addition to other signage allowed by Section 5.06.00 of the LDC. Each of these permitted signs shall be limited to 120 square feet in area and shall only contain the name of the project or any major use, insignia or motto of the entire development and the Owners' name and logo and shall be architecturally compatible with the landscape buffer along the project boundaries and the common architectural theme of the entire project. This constitutes a deviation from LDC Section 5.06.02 and 5.06.04 which limits such signs to 64 square feet. 3. Boundary marker monuments containing project identification signs designed to identify the project, or any major use within the project,shall be permitted in locations depicted on the MPUD Master Plan (Exhibit "A"). The sign face area for such boundary markers shall not exceed 64 square feet in area and 3 EXHIBIT "A" Page 2 of 4 shall not exceed the height or length of the monument on which it is located. If the sign is two-sided, each sign shall not exceed 64 square feet in area. Each sign shall only contain the main project name, insignia or motto of the entire development, and the Owners' name and logo. 4. In the case of commercial development within the RECNC District, which is internalized within the MPUD, and in consideration of mixed-use and/or neo- traditional development, signage may vary from the requirements of Chapter 5.06.00 of the LDC. 5. Traffic signs, such as street signs, stop signs, speed limit signs, internal directional signs, and the like, shall be designed to reflect a common architectural theme. The placement and size of such signs shall be in accordance with the LDC, or other applicable County regulations. 6. Project identification flagpoles may be located throughout project. Internal project identification flagpoles must be located on light poles, shall not exceed 8 square feet(34" height, 30"width), and must be setback a minimum of 20' from a public right of way. Flagpole sign,text and graphical representation may be altered from what is shown on Exhibit"D", Signage Plan and Single Family Lot Detail. Future development phases will follow similar intensities and frequency as the sign placement represented on Exhibit"D". A _ EXHIBIT "A" Page 3 of 4 Text Amendment to Ordinance No. 12-12 Section III Residential 3.5 Development Standards Table I: Sabal Bay MPUD Development Standards for"RG Residential Area *************************** ACCESSORY STRUCTURES Rear' *************************** *1 Setback from lake easements for all occocsory uses and structures may be 0 feet. Setback from preserve shall be 25 feet for principal structures and 10 feet for accessory structures, or as may otherwise be permitted in accordance with the applicable provisions set forth in LDC Section 3.05.07. I I EXHIBIT "A" Pa•e4of4 0 / • PROJECT IDENTIFICATION - �� FLAGPOLES 34"X 30" �`f' 41 (TO BE HUNG ON `��Pi 10 ` E STREETLIGHT POLES) `P- qo`� 10 0 woe o 10 10`� c io 1.� \ iiiii/o Z • ' *I 1.,„,.. E4�� \ • SEE AMENITY • PLAN FOR I • SIGN LOCATIONS I•� �1cAAY r WAY /1 SINGLE FAMILY LAKE ,, O ti ft TYPICAL LOT DETAIL 40 ``T® � u,�coNTRo� 40.„., � _ ,'1 "'�f �� ♦ /' , REAR i /� o \ it \ 42Lor Lute -srnucnrrleToRToyc�Rr \ IIS \ C., . II,1 ♦ tio , �r �OF WAY . . = `— 1E oilioinv. u 10 N sNOTES 1. ALL PROJECT IDENTIFICATION FLAGPOLESW LOCATED ALONG TAMIAMI TRAIL(US 41)SHALL ' / iiii. BE LOCATED ON/WITHIN THE ISLES OF COLLIER ,� ii1 1 PRESERVE PROPERTY AND NOT WITHIN THE1. , a 200 400 10 I SCALE IN FEET US 41 RIGHT-OF-WAY. 2. PROJECT IDENTIFICATION FLAGPOLE ,� LOCATIONS ALONG TAMIAMI TRAIL(US41)ARE gV � RESTRICTED TO CE NUMBER AND ,, APPROXIMATE LOCATION SHOWN ON THIS SIGNAGE PLAN. +o'`0 10 3. PROJECT IDENTIFICATION FLAGPOLES AND ` , /000•00?_46.10SIGNAGE SIZE SHALL NOT EXCEED THE SIZE t. i •AS DEPICTED ON THIS SIGNAGE PLAN. eZpA �t 4. PROJECT IDENTIFICATION FLAGPOLE TEXT , 4 1AND GRAPHICAL REPRESENTATION MAYBE , F. .(------ ALTERED FROM WHAT IS SHOWN ON THIS , • SIGNAGE PLAN. ` ,_ FUME 7305/A WSTERSGMXIIIMO Barraco SIGNAGE PLAN AND SINGLE FAMILY LOT DETAIL LAYOUT IAYDOIi ISLES OF COLLIER PRESERVE `LOAD' L”' "G andMBOdatn,Inc NEKIBITS MIME Ldt 1]IT4.7Tn NJ KOWA CCRTIFICATES OfANFORATGV EXH IBIT IID" ROTA AIGEUCA CAMPY E,IG0EEW'07 IS-SM.ETTA 1.1440 DESIGNM NMAK 2 8 201?. - —� ORDINANCE NO. 12-12 By ict3- "LJ j AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 05-59, THE SABAL BAY MIXED USE PLANNED UNIT DEVELOPMENT, BY AMENDING THE PUD DOCUMENT, EXWBIT. A, TO PROVIDE FOR: CHANGES IN DEVELOPMENT STANDDS`_ INCLUDING RIGHT OF WAY WIDTHS AND SIDEW‘L*S; ADDITION OF GENERAL PERMITTED USES TO INC) DE OUTSIDE STORAGE FACILITIES; REMOVAL OF GOLF " Af" PERMITTED USE; ADDITION OF CAR WASH, POST OFFICE,,, Tri DOCKS AND ELECTRIC BOATS AS ALLOWABLE USES IN-441E1-4: RECREATION/VILLAGE CENTER TRACT; INCREASE TIF�? PRESERVE BY 45 ACRES; INCREASE IN FLOOR AREA RATIO4YR ADULT LIVING FACILITY AND INCREASE IN HEIG'"fiT; REMOVAL OF AFFORDABLE HOUSING AND REMOVAL OF BALD EAGLE MANAGEMENT PLAN AND GOPHER TORTOISE RELOCATION MANAGEMENT PLAN ON PROPERTY LOCATED SOUTH OF THOMASSON DRIVE, SOUTH AND WEST OF U. S. 41, NORTH AND WEST OF THE WENTWORTH PUD, AND EAST OF THE NAPLES BAY INTERCOASTAL WATERWAY IN SECTIONS 23, 24, 25, 26 AND 36, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AND SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2,416 +1- ACRES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 15, 2005, the Board of County Commissioners approved Ordinance No. 05-59 which established the Sabal Bay Mixed Use Planned Unit Development (PUD);and WHEREAS, Margaret Perry of Wilson Miller Stantec and R. Bruce Anderson, Esquire of Roetzel & Andress, LPA representing CDC Land Investments, Inc. and Collier Land Development, Inc., petitioned the Board of County Commissioners of Collier County, Florida to amend Ordinance No. 05-59,the Sabal Bay Mixed Use Planned Unit Development. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Sabal Bay MPUD/PUDA-PL2011-47 ` Rev. 3/13/12 Page 1 oft SECTION ONE: AMENDMENTS TO THE PUD DOCUMENT EXHIBIT A OF ORDINANCE NO. 05-59 The PUD Document, Exhibit A of Ordinance No. 05-59, is hereby amended and replaced with Exhibit A attached to this ordinance amendment. SECTION TWO: REMOVAL OF APPENDIX A OF THE PUD DOCUMENT EXHIBIT A OF ORDINANCE NO. 05-59 Appendix A of the PUD Document, Exhibit A of Ordinance No. 05-59, which contains the Bald Eagle Management Plan, is hereby deleted in its entirety. SECTION THREE: 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 l3 day of Mo,`-ck ,2012 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA + wRd OP ie'rt � w. B �.It , �� 4 j/By:i " � - .4y Clerk FRED W. COYLE, Ch ' an APPrck4� s:t1�rm' . and legal sufficiency: L?. Steven T. Williams This ordinance filed with the Assistant County Attorney Mary of S 's ffi e t e day of_. and acknowledgeme• that Attachment: Exhibit A-PUD Document filir• r- -'ved LU IA' day of Al ' •4 CP111-CPS-01105190 Sabal Bay MPUD/PUDA-PL2011-47 Rev. 3/13/12 Page 2 of 2 Sabal Bay A MIXED-USE PLANNED UNIT DEVELOPMENT 2,416.0849+/-Acres Located in Sections 23, 24, 25, 26, and 36 Township 50 South,Range 25 East, and Section 19,Township 50 South,Range 26 East, Collier County, Florida PREPARED FOR: CDC Land Investments,Inc. and Collier Land Development, Inc. 2550 Goodlette Road North,#100 Naples, FL 34103 PREPARED BY: Robert J.Mulhere,AICP;RWA,Inc. .. .- - NaPle",o-FL-33-4x109 WilsonMiller Stantec 3200 Bailey Lane, Suite 200 Naples,FL 34105 And • . . • . .. Naples, FL 34 103 Roetzel and Andress 850 Park Shore Drive;Trianon Centre,3rd Floor Naples,FL 34103 EXHIBIT"A" DATE REVIEWED BY CCPC 12-15-2011 DATE REVIEWED BY BCC 3-1 3-2 012 ORDINANCE NUMBER 2 012-12 AMENDMENT AND/OR REPEAL AMEND 7 nn s_59 Words underlined are additions; words struck-thresh are deletions. Sabal Bay MPUD Amendment/PUDA-PL2011-047—3/13/12 TABLE OF CONTENTS PAGE STA IEMENT OF COMPLIANCE AND SHORT TITLE ii SECTION I LEGAL DESCRIPTION, " e ' - ' e �� _ �� : 1-1 GENERAL DESCRIPTION,AND DENSITY SECTION II PROJECT DEVELOPMENT 2-1 SECTION III RESIDENTIAL/GOLF("RIG") 3-1 SECTION IV RECREATION/VILLAGE CENTER("REC/VC") 4-1 SECTION V COMMERCIAL/OFFICE("CO") 5-1 SECTION VI PRESERVE("P") 6-1 SECTION VII PUBLIC FACILITIES("PF") '7-1 SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8-1 EXHIBIT A MPUD MASTER PLAN EXHIBIT B LEGAL DESCRIPTION EXHIBIT C SCHEDULE OF DEVIATIONS APPENDIX A BALD EAGLE MANAGEMENT PLAN Words underlined are additions; words stfuek-thfough are deletions. Sabal Bay MPUD Amendment/PUDA-PL2011-047—3/13/12 STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of the applicants, -. :., (WCI), and CDC Land Investments, Inc., and Collier Land Development, Inc., hereinafter referred to collectively as the developer Owners, to create a Mixed-Use Planned Unit Development (MPUD)on 2,416.0849+/-acres of land located in Sections 23, 24, 25,26, and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida. The name of this MPUD shall be Sabal Bay. The development of Sabal Bay will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan(GMP). The development will be consistent with the GMP goals, objectives and policies, .. . . - •- . .. - -.. . ! • .. - • ..- _! , and other applicable regulations for the following reasons: 1. The subject property is within the Urban Coastal Fringe Sub-District as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Coastal Fringe Sub-District is to provide for a variety of residential and mixed-use developments such as Planned Unit Developments. 2. a) The proposed residential density of Sabal Bay is 4,26 0.85 dwelling units(DUs)per acre, 1,999 units/1585 2,350 acres, which excludes the .!! •. - : • . :. - , !! - .. -• -' - - - -- -• ' - .- !' .--• -, ! 50 acres of commercial uses,X40 - . • , : , and the 16 acres of recreation/village center uses 71,-n-67—aefes This density is consistent with the maximum density permitted by the FLUE Density Rating System and is therefore consistent with FLUE Policy 5.1. The base density allowed by the FLUE for the entire subject property is four(4)DUs per acre. Due to the project's location within the Traffic Congestion Zone,one(1)dwelling unit is subtracted from the base density permitting a maximum density of three(3)dwelling units per acre. b) The maximum combined density and intensity within this PUD shall not exceed the Development of Regional Impact(DRI)thresholds for mixed-use developments, established for Collier County on the date of adoption of this PUD. Specifically, this PUD is limited to a maximum of: one-hundred and sixty percent(160%)of any combination of the individual DRI thresholds for three or more uses, including residential, office, and retail, and hotel uses, and no single use exceeds one-hundred percent (100%) of the DRI threshold for that use. Further, in no case shall commercial uses, inclusive of the existing 8038 101.894 square feet of existing commercial development, exceed the following: 250 hotel rooms; 200,000 square feet of retail;and,60,000 square feet of office. c) The undeveloped and developed commercial acreage is consistent with the provisions of the FLUE as it is located within Activity Center# 17 at US 41 and Thomasson Drive. d)Commercial uses within the Recreation/Village Center District are consistent with FLUE Map-11,which identifies existing zoning consistent with the FLUE by Policies 5-9, 5-10, 5- 11, and 5-12. Moreover, the area and allowable uses within the RecreationNillage Center District are consistent with the provisions set forth in Policy 5.1. ii Words underlined are additions; words Hugh are deletions. Sabal Bay MPUD Amendment/PUDA-PL2011-047—3/13/12 3. The Sabal Bay MPUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. Improvements are planned to be in compliance with the LDC as set forth in Objective 3 of the FLUE. 5. The development of the Sabal Bay MPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1 of the FLUE. 6. The Sabal Bay MPUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Chapter 6 and Chapter 10, of the LDC. Transportation concurrency is partially vested in that the eloper is Owners are entitled to a Certificate of Adequate Public Facilities for transportation concurrency for 1,766 dwelling units, upon compliance with the provisions set forth in the Standard Form Collier County Contribution Agreement for Road Impact Fee Credits dated October 22, 2002, and further amended on April 22, 2008 and June 22, 2010 between Collier Land Development, Inc., Collier Development Corporation, and the Board of County Commissioners. 8. By virtue of compliance with the provisions of Chapter 6, of the LDC, the project will also implement, and further Objective 2.0 of the FLUE, Objective 1.2 of the Sanitary Sewer Sub-Element,and Objective 1.5 of the Recreation and Open Space Element. 9. The native vegetation provisions of the Sabal Bay MPUD implement Policy 6.1.1 of the Conservation Coastal Management Element in that native preserves will be incorporated into the project design. 10. The development's commitment regarding the Lely Area Stormwater Improvement Project (Section 8.6(E) of this Document) is consistent with and furthers Policy 1.3.4 of the Drainage Sub-element of the Public Facilities Element in that it improves the existing Lely Canal drainage facility. SHORT TITLE This ordinance shall be known and cited as the "SABAL BAY PUD MIXED-USE PLANNED UNIT DEVELOPMENT ORDINANCE". Words underlined are additions; words struck through are deletions. Sabal Bay MPUD Amendment/PUDA-PL2011-047—3/13/12 SECTION I LEGAL DESCRIPTION, GENERAL DESCRIPTION, AND DENSITY 1.1 PURPOSE The purpose of this Section is to set forth the legal description and of the Sabal Bay MPUD, and to describe the existing conditions of the property proposed to be developed. 1.2 LEGAL DESCRIPTION The subject property referred to within this Document as "project site" and "project area", is comprised of 2,416.0849 +1- acres, and located within Sections 23, 24, 25, 26, and 36 Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County,Florida,and is legally described as: See Exhibit"B" 1.3 GENERAL DESCRIPTION OF PROPERTY A. The subject property is located in Sections 23, 24, 25, 26, and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County,Florida. The property is generally located south of Thomasson Drive, south and west of U.S. 41, north and west of the Wentworth PUD, and east of the Naples Bay Intercoastal Waterway in the western portion of Collier County. B. The zoning classification of the subject property, at the time of the MPUD application is PUD, A - Agriculture, and A-ST — Agriculture Special Treatment Overlay. C. Elevations within the subject property are approximately 8 to 11 feet above MSL. Per FEMA Firm Map Panel No. 1200670 581 F, 1200670 582 F, 1200670 583 E, t. • '. II. t _ . 1• •. .. . _ '. . ._ : - - - .• 0.._ . .. .. -- . _ - . . Finished floor elevations within the Sabal Bay development will be set in accordance with the FEMA Flood Elevation or SFWMD ERP in effect at the time of development permitting,whichever is greater. D. A large portion of the subject property contains native vegetation habitats of varying quality. The property also contains a significant amount of jurisdictional wetlands. An Environmental Impact Statement (EIS) has been submitted, pursuant to Subsection 10.02.02(A) of the LDC, and provisions for on-site preservation of higher quality wetlands, interspersed with uplands, are incorporated into the design of the conceptual master plan, and overall water management system. The Sabal Bay MPUD contains a wide variety of vegetative communities inventoried and 1-1 Words underlined are additions; words struck-threugh are deletions. Sabal Bay MPUD Amendment/PUDA-PL2011-047—3/13/12 mapped in the EIS. The site has been designed to provide for onsite protection of habitat for listed species. E. The soil types on the subject property include a variety of hydric and non-hydric soils listed in EIS. F. The subject property is located within the •- -•.• • : - .• -- ••- `' - • • Lely Main Canal, Lely Manor Canal and Miscellaneous Coastal drainage basins. G. A portion of the subject property is located within the City of Naples Water Service District. H. The subject property is partially developed pursuant to the January 7, 2002 Preliminary Development Agreement (PDA) with the State of Florida's Department of Community Affairs to allow development on 83 acres of the property within Collier County. 1.4 DENSITY A. A maximum of 1999 residential dwelling units may be constructed in the total project area. The gross project area, excluding commercial/office (C/O) development; and Village Commercial (RECNCV-tiilal-wetlancisT-and-platteel d , is approximately-1-8-5 2,350 acres. The gross project density shall be a maximum of-1-,26 0.85 dwelling units per acre. 1-2 Words underlined are additions; words struck through are deletions. Sabal Bay MPUD Amendment/PUDA-PL2011-047—3/13/12 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Sabal Bay MPUD, and to identify relationships to applicable County ordinances, policies, and procedures. • 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Sabal Bay MPUD will be a mixed-use planned unit development. The MPUD will incorporate residential, golf, commercial, recreational, and preserve land uses. The northeastern portion of the property along US 41 is located within Activity Center #17 and shall allow for commercial/office uses. There currently exists 87,938 101,894 square feet of retail development within the MPUD authorized to be constructed pursuant to a PDA between Collier Development Corporation and the State of Florida Department of Community Affairs. The other uses shall be distributed throughout the remainder of the MPUD property, as set forth on the MPUD Master Plan(Exhibit A). Access to the property shall be from East Tamiami Trail(US 41), Thomasson Drive, Hamilton Avenue and Bayshore Drive. The project will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services shall be provided as deemed appropriate. B. The MPUD Master Plan is illustrated graphically as Exhibit "A". A Land Use Summary indicating approximate land use acreages is shown on the Plan. The Master Plan is conceptual, and the location, size, and configuration of individual, residential, commercial, recreational areas, water management features, and tract development areas shall be determined at the time of site development plan (SDP) and/or subdivision plat approval. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Sabal Bay MPUD shall be in accordance with the contents of this MPUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this MPUD Ordinance) and the GMP in effect at the time of issuance of any development order to which said regulations authorize the construction of improvements, such as but not limited to subdivision plat, SDP, excavation permit and preliminary work authorization. Where these MPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. 2-1 Words underlined are additions; words struck-through are deletions. Sabal Bay MPUD Amendment/PUDA-PL2011-047—3/13/12 B. Unless otherwise defined herein,or as necessarily implied by context,the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this MPUD shall be subject to the Adequate Public Facilities Ordinance, Section 6.02.00 and Section 10.02.07 of the LDC. At this time, 1,766 residential units are vested for transportation concurrency pursuant to the terms of the Standard Form Collier County Contribution Agreement for Road Impact Fee Credits dated October 22, 2002, and amended April 22, 2008 and June 22, 2010, between Collier Land Development, Inc., Collier Development Corporation, and the Board of County Commissioners. In addition,838 101,894 square feet of commercial development exists within the MPUD boundary. D. Unless modified, waived or excepted by this MPUD or by subsequent request, the provisions of other sections of the LDC remain in effect with respect to the development of the land which comprises this MPUD. E. All conditions imposed herein or as represented on the Sabal Bay Master Plan are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the LDC (Section 10.02.04 and Appendix B) shall apply to the Sabal Bay MPUD, except where an exemption or substitution is set forth herein or otherwise granted pursuant to Subsection 10.02.02(B)the LDC. G. The Site Development Plans Section of the LDC (10.02.03) shall apply to the Sabal Bay MPUD, except where an exemption is set forth herein or otherwise granted pursuant to Subsection 10.02.03(B)of the LDC. H. Recognizing that the MPUD Master Plan does not designate specific dwelling unit types, the type of dwelling unit which characterizes the initial development of any platted tract or phase of a platted tract shall be carried out throughout the development of that tract or phase. I. Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds for a mixed-use project(100 percent for a specific use and 160 percent of any combination of three or more uses), as they exist on the date the MPUD is approved. The project shall be monitored through the PUD monitoring process on an annual basis and during SDP and/or subdivision plat review process, as may be applicable. 2.4 ROADWAYS A. Roadways within the Sabal Bay MPUD shall be privately and/or CDD owned and maintained, except for Thomasson and die-lie Cardinal Way, which will be public roads. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions,unless otherwise modified,waived or 2-2 Words underlined are additions; words struck-through are deletions. Sabal Bay MPUD Amendment/PUDA-PL2011-047—3/13/12 excepted by this MPUD or approved during subdivision plat approval. The developer Owners reserves the right to request substitutions to design standards in accordance with Subsection 10.02.04(A)(3) of the LDC. The developer Owners retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the developer Owners on all internal and privately owned and maintained project roadways. B. Roadways within the Sabal Bay MPUD shall be designed and constructed in accordance with Chapter 10 of the LDC with the following substitutions: I. Streets and access improvements a. Street Right-of-Way Width: At the discretion of the developer Owners, the minimum right-of-way width to be utilized for local streets and cul-de- sacs may be fifty feet (50'), a deviation from LDC Subsection 6.06.01(0) that requires rights-of- way for local roads to be at least sixty feet (60'). Drive aisles serving multi-family tracts shall not be required to meet this standard. Additionally, in specific cases where development roadways cross potential wetland or upland preserves, the Owners shall have the ability to reduce the required right-of-way width below the current 50-foot minimum to a width of no less than 40 feet. b. Dead-end Streets: Cul-de-sacs may exceed a length of one thousand feet (1,000'), a deviation from LDC Subsection 6.06.01(J)that limits cul-de-sacs to 1,000 feet. c. Reverse Curves: Tangents between reverse curves are not required for any local street design in this MPUD. A deviation from Section III, Exhibit "A", Design Requirements for Subdivisions C.13.j. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66. d. In specific cases where development roadways cross potential wetland or upland preserves, the Owners shall have the ability to utilize rip-rap backslope treatment with a slope no steeper than 2:1, and for a maximum height of 36 inches for the length of the roadway crossing, a deviation from Section 4.06.05.j. Owners may utilize structural retaining wall to minimize potential wetland or upland impacts for backfill elevations exceeding 36 inches in height for the length of the roadway crossing. In these specific cases, a guard rail system designed to withstand vehicular impact will be provided. 2-3 Words underlined are additions; words struslough are deletions. Sabal Bay MPUD Amendment/PUDA-PL2011-047—3/13/12 2.5 SIDE WALKSBIKEPATHS, BIKE LANES A. Sidewalks: All privately and/or CDD owned roads internal to the Sabal Bay MPUD shall have a minimum six five foot (6 5') wide sidewalk on both sides of the street as illustrated on Exhibit A, or a minimum ten foot(10')wide pathway on one side of the street which may meander in and out of the right-of-way. This constitutes a deviation from LDC Subsection 6.06.02.A which requires arterial and collector roadways to provide a six foot(6') wide sidewalk on both sides of the street. G:B. Pursuant to Chapter 6.06.02 of the LDC, sidewalks/bike paths shall be permitted as follows: 1. An internal pedestrian walkway system is permitted within drainage easements. Where such a pedestrian system is provided, no sidewalk shall be required adjacent to the right-of-way serving the adjacent residential tract. 2. Sidewalks may be located outside platted rights-of-way when located within a separate sidewalk easement. 3. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment at the point of encroachment. 2.6 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Section 22-122(al) of the Collier County Code of Laws and Ordinances maybe reduced subject to the provisions established in Section 22- 122(al) of the Collier County Code of Laws and Ordinances. All lakes greater than two(2) acres may be excavated to the maximum commercial excavation depths set forth in Section 22-122(e.)of Collier County Code of Laws and Ordinances, and subject to permit approval from the South Florida Water Management District. Removal of fill and rock from the Sabal Bay MPUD shall be administratively permitted to an amount up to ten (10) percent per--lake (20,000 cubic yards maximum), unless the project is issued a commercial excavation permit. 2.7 FILL STORAGE Fill storage is generally allowed throughout the Sabal Bay MPUD. Fill may be transported and stockpiled within areas that have been disturbed I or farmed. Prior to stockpiling in these locations, the developer Owners shall notify the - - . . . • ... .• - -• .. . . . . County Manager or his designee and shall demonstrate compliance with the following standards: 1. Stockpile maximum slope:2:1 2. Stockpile maximum height: Thirty Feet(30') 2-4 Words underlined are additions; words struckhrough are deletions. Sabal Bay MPUD Amendment I PUDA-PL2011-047—3/13/12 3. Fill storage in excess of six feet(6') in height shall be located no closer than one hundred feet (100') from any existing residential unit or residential unit under construction. This excludes fill storage areas associated with the Lely Area Surface Drainage Improvements Project. 4. Soil erosion control shall be provided in accordance Subsection 10.02.02.0 of the LDC. 5. Stockpiles with side slopes greater than 4:1 shall be fenced with childproof fencing. 2.8 USE OF PRIVATE AND/OR CDD RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage shall be allowed subject to review and administrative approval by the Collier County Engineering Director for engineering and safety considerations during the development review process and prior to any installations. 2.9 MODEL HOMES/SALES CENTERS/SALES OFFICES/ CONSTRUCTION OFFICES A. Models, sales/rental centers and other uses and structures related to the promotion and sale, resale, and/or rental of real estate and/er--goW-sports memberships such as, but not limited to, pavilions, viewing platforms, gazebos, tents, parking areas, and signs, shall be permitted principal uses throughout the Sabal Bay MPUD subject to the requirements of Chapters 4.05.00, 4.06.00, 5.06.00 and 5.04.04 of the LDC. Such temporary use permits shall be valid through the life of the project with no extension of the temporary use permit required. B. Temporary use permits for sales centers, and model homes may be approved subsequent to zoning approval. Temporary use permit applications, and, where required, associated SDP or site improvement plan (SIP) application(s) for residential models, shall be submitted, and approved pursuant to Chapters 4.05.00, 4.06.00, 5.06.00, and 5.04.04 of the LDC, with applications for the subdivision plat. The location of the model units within a future platted lot shall be depicted on the SDP or SIP, as the case may be. All model units shall be located on lots that will be platted through subsequent development order approvals, and shall comply with all development standards applicable to said lots. C. Temporary uses for sales centers may be serviced by temporary well and septic systems. D. A portion (no more than 1/3 of the gross floor area), of the clubhouse facilities may be used as a temporary sales facility to be utilized to market residential products, including the re-sale of residences within the boundaries of the Sabal Bay MPUD and/or-gold sports club memberships. . • . . • - . . .. . . 2.10 CHANGES AND AMENDMENTS TO MPUD DOCUMENT OR MPUD MASTER PLAN 2-5 Words underlined are additions; words stuck through are deletions. Sabal Bay MPUD Amendment/PUDA-PL2011-047—3/13/12 Changes and amendments may be made to this MPUD Ordinance, MPUD Master Plan as provided in LDC Subsection 10.02.13.E. Minor changes and refinements as described in Section 8.3 C of this Document, may be made by the developer Owners in connection with any type of development or permit application required by the LDC. 2.11 COMMON AREA MAINTENANCE Common area maintenance shall be provided by a Community Development District(CDD) established pursuant to Chapter 190, Florida Statutes, or by a property owners' association. For those areas not maintained by a CDD, the developer Owners will create a property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. The CDD, or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems. 2.12 LANDSCAPE BUFFERS,BERMS,FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Sabal Bay MPUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms: 4:1 2. Ground covered beans: a. Perimeter: 3:1 b. Internal to project: 3:1 3. Other slope stabilizing materials and landscape features, including natural or manmade rock features and geotextile mats, where necessary, excluding rip rap: 1:1 4. Structural walled berms: vertical B. Fence or wall maximum height: 1. Perimeter fences or walls and fences and walls separating commercial uses in the C01, CO2, and CO3 areas from residential areas shall be permitted at a height of up to eight feet (8'), ... - .... •- . . • . .. ..•. . • .._ - _ . .. .n top of a berm of up to four feet (4'). This constitutes a deviation from Subsection 5.03.0213.0 of the LDC 2. All other fences or walls shall not exceed a height of six feet (6') as measured from the finished floor elevation of the nearest residential structure. Fences or walls constructed on a landscaped berm shall not exceed 2-6 • Words underlined are additions; words struck-through are deletions. Sabal Bay MPUD Amendment/PUDA-PL2011-047—3/13/12 a height of six feet (6'), as measured from the top of the berm and the combination of berm and fence shall not exceed eight feet (8'), as measured from existing grade. 3. Entrance features, which are an integral part of security and access control structures such as gatehouses and control gates, shall be subject to the height limitations for principal residential structures,not to exceed 35 feet. C. Pedestrian sidewalks and/or bike paths and utilities may be allowed in landscape buffers. Where such structures or features are located in the required landscape buffer,the landscape buffer shall be increased in width equal to the encroachment in that location, as required in Chapter 4.06.02 of the LDC. Water management systems, and drainage structures, shall be permitted within a required buffer as provided in Subsection 4.06.02D(4)of the LDC. 2.13 DESIGN GUIDELINES AND STANDARDS A. The Collier County PIanned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in Policy 5.6 of the FLUE of the Collier County GMP. B. The Sabal Bay MPUD is a planned community and shall be developed under unified control. The developer Owners will establish design guidelines and standards to ensure a high and consistent level of quality for residential units and related community features and facilities such as landscapes, hardscapes, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. 2.14 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Sabal Bay MPUD except in the Preserve Area. General permitted uses are those uses which generally serve the developer Owners and residents of the Sabal Bay MPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Water management facilities and related structures. 2. Irrigation treatment and distribution facilities. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 2-7 Words underlined are additions; words stfusk-through are deletions. Sabal Bay MPUD Amendment/PUDA-PL2011-047—3/13/12 5. Guardhouses, gatehouses,and access control structures. 6. Community and neighborhood parks,recreational facilities. 7. Temporary construction, sales, and administrative offices for the developer Owners and developer's Owners' authorized contractors and consultants, including necessary access ways,parking areas and related uses. 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.12 of this Document. 9. Outside storage areas for recreational vehicles, trailers, and similar uses for the use by the project's residents and guests, excluding boats,in the R5 area only. If this use is provided, the Owners shall install an eight foot(8')high wall or fence on top of a four foot(4')berm for screening/buffering purposes prior to any storage use. B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road—Twelve feet (12') except for guardhouses, gatehouses, and access control structures which shall have no required setback. 2. Setback from MPUD boundary: See Table I, Section III, Development Standards. 3. Minimum distance between unrelated structures—Ten feet(10') 4. Maximum height of structures — See Table I, Section III Development Standards. 5. Minimum floor area—None required. 6. Minimum lot or parcel area—None required. 7. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of SDP approval. 2.15 OPEN SPACE REQUIREMENTS The Collier County LDC requires that mixed-use residential projects maintain open space at a minimum of 30% of the entire MPUD. The MPUD Master Plan identifies preserves, 2-8 Words underlined are additions; words sough are deletions. Sabal Bay MPUD Amendment/PUDA-PL2011-047—3/13/12 lakes, recreation tracts, including golf course are and buffers as open spaces. These areas, in conjunction with open space areas included within the residential areas, will satisfy the 30% open space requirements of Subsection 4.02.O1B of the LDC for mixed-use developments. 2.16 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County GMP, and Section 3.05.07 of the Collier County LDC, a minimum of 559.52 537.61 acres (25% of the 2,238.07 2,150.45 +/- acres of native vegetation on site) is required to be retained or replanted. For the purposes of this MPUD, the Preserve Tracts, which equal 5.6% 61% +/- (1,256.24 1,302 acres) of the 2,238.07 2,150.45 +/- acres of native vegetation occurring on site, will fully satisfy the native vegetation requirements of Collier County. No other vegetation relocation or revegetation is required. Of the 2,416.0849 ± acres on the project site, 178.01 266.04 ± acres are not considered habitats with native vegetation present. Those habitats not included as native vegetation habitats include commercial uses, open water, cleared lands, and agricultural lands. Of the remaining habitat types, exotic plant species coverage was not evaluated according to canopy coverage alone; therefore, these habitats are not excluded from the native vegetation preservation requirement pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the GMP. Since the on-site preserve will exceed the GMP requirement, the applicant has elected not to further evaluate native habitats on-site to exclude them from this requirement. 2.17 SIGNAGE A. GENERAL All signs shall be in accordance with Section 5.06.00 of the LDC except in the following instances. 1. Two ground or wall entrance signs shall be allowed at the entrance to each individual residential tract and shall be limited in size to 60 square feet each and shall not exceed a height of 6 feet as measured from finished grade. These signs shall not contain more than the project name of the individual tract, the main project name or any major use, the insignia or motto of the project and the developer's Owners' name and logo. Said signs shall be located so that they are visible only internal to the Sabal Bay MPUD. This constitutes a deviation from Subsection 5.06.0424760-) 02.B.6 of the LDC,which limits such signs to 64 square feet. 2. Two ground signs are permitted for each project entrance (on US 41, Thomasson Drive, Hamilton Avenue and Bayshore Drive), and shall be allowed in addition to other signage allowed by Section 5.06.00 of the LDC. Each of these permitted signs shall be limited to 120 square feet in area and shall only contain the name of the project or any major use, insignia or motto of the entire development, and the developer-Is-Owners' 2-9 Words underlined are additions; words etr061 ebgh are deletions. Sabal Bay MPUD Amendment/PUDA-PL2011-047—3/13/12 name and logo and shall be architecturally compatible with the landscape buffer along the project boundaries and the common architectural theme of the entire project. This constitutes a deviation from LDC Section 5.06.03 02 and 5.06.04 which limits such signs to 64 square feet. 3. Boundary marker monuments containing project identification signs designed to identify the project, or any major use within the project, shall be permitted in locations depicted on the MPUD Master Plan (Exhibit "A"). The sign face area for such boundary markers shall not exceed 64 square feet in area and shall not exceed the height or length of the monument on which it is located. If the sign is two-sided, each sign shall not exceed 64 square feet in area. Each sign shall only contain the main project name, insignia or motto of the entire development, and the developer'-s Owners' name and logo. 4. In the case of commercial development within the RECNC District, which is internalized within the MPUD, and in consideration of mixed-use and/or neo-traditional development, signage may vary from the requirements of Chapter 5.06.00 of the LDC. 5. Traffic signs, such as street signs, stop signs, speed limit signs, internal directional signs, and the like, shall be designed to reflect a common architectural theme. The placement and size of such signs shall be in accordance with the LDC,or other applicable County regulations. 2-10 Words underlined are additions; words struck through are deletions. Sabal Bay MPUD Amendment/PUDA-PL2011-047—3/13/12 SECTION III RESIDENTIAL/GOLF 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Sabal Bay MPUD designated on the Master Plan as "RIG", Residential/Goff. 3.2 MAXIMUM DWELLING UNITS A maximum of 1,999 approved residential dwelling units may be constructed on lands designated"RIG"Residential on the MPUD Master Plan. For purposes of project density,4 ALF/CCRC units shall constitute 1 golf residential dwelling unit. However, the maximum density on tract R/G8 is limited to 390 dwelling units. 3.3 GENERAL DESCRIPTION Areas designated as "RIG," Residential/Golf, on the Master Plan are designed to accommodate a full range of residential dwelling types, general permitted uses as described by Section 2.14 of this Document, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated as "IVO", Residential/Golf, is indicated on the MPUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of SDP,or subdivision plat approvals, in accordance with Sections 10.02.03 and 10.02.04 of the LDC. Residential/Golf tracts are designed to accommodate internal roadways, open spaces, golf wand other similar uses found in residential areas. 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. Principal Uses: 1. Single family attached and detached dwellings,townhomes. 2. Single family and zero lot line dwellings. 3. Two-family and duplex dwellings. 4. Multi-family dwellings including mid-rise, coach home and garden apartments. Multi-family buildings are limited to a maximum building height of 50 feet measured as set forth in the LDC Section 1.08.02 3-1 Words underlined are additions; words struslcsugh are deletions. Sabal Bay MPUD Amendment—PUDA-PL2011-047—03/13/12 Definitions "building, zoned height of', except that within tract RG4, depicted on Exhibit "A", multi-family buildings shall be permitted up to a height of 10 residential floors over parking, not to exceed a zoned height of 150 feet",and an actual height of 165 feet. 5. Timeshares, which shall not be counted as temporary lodging units but which shall be counted as residential dwelling units. 6. Model homes and model home centers including offices for project administration,construction, sales and marketing. 7. Assisted living facilities (ALF) and/or continuing care retirement communities (CCRC) with ancillary medical uses and personal services for residents and their guests, including but not limited to, beauty salon, bank, pharmacy and convenience store are permitted as ancillary uses. (Such ancillary medical or personal service uses shall only be accessed from inside the ALF or CCRC). No external signage or advertising is permitted in support of these ancillary medical or personal service uses. As ancillary uses, not intended for utilization by the general public, such ancillary medical or personal service uses shall be limited in size and intensity to an amount determined to be necessary to serve the residents of the ALF or CCRC, their guests, and the facility employees. ALF and/or CRRC are prohibited in the R2-B, R5, and R7 areas as indicated on the MPUD Master Plan. 978. Recreational facilities such as parks,playgrounds,and pedestrian/bikeways B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this District, including swimming pools, spas and screen enclosures, recreational facilities designed to serve the development and provide essential services. 2. Community,--and-ge'leeurelated recreational facilities and structures including clubhouses, health and fitness facilities, restaurants, cocktail lounges, pools, meeting rooms, community buildings,playgrounds,playfields,tennis courts, and similar uses intended to exclusively serve community residents and their guests. 3. Community afiti—gelf—c-eurse—r-elated maintenance facilities, water management facilities, and utility and maintenance structures and staff offices. 3-2 Words underlined are additions; words st sk thresh are deletions. Saba!Bay MPUD Amendment—PUDA-PL2011-047—03/13/12 4. Boardwalks, nature trails, shelters, viewing piers, viewing platforms, educational signs, kiosks, elevated paths, and docks or platforms for launching and mooring or storage of non-motorized vessels utilizing movable storage racks. Electric boats are an allowed accessory use. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Sabal Bay MPUD Residential{Gel€ Area. Standards not specified herein shall be those specified in Chapter 5 of the LDC in effect as of the date of adoption of this MPUD Ordinance. B. The following standards shall be applicable to the proposed ALF or CCRC use. The ALF or CCRC use is prohibited in the R2-B, R5, and R7 areas depicted on the MPUD Master Plan. Standards not specified herein shall be those specified in Section 5.05.04 of the LDC in effect as of the date of adoption of this MPUD Ordinance. 1. Minimum Lot Size: 1 acre. 2. Minimum Yard Requirements: i) Front: 25 feet one-half(1/2)the height of the principal structure ii) Side: 15 feet one half (1/2) the sum of the height of principal structures, except no setback shall be required from any lake easement. iii) Rear: 25 feet one-half (1/2) the height of the principal structure, except that no setback shall be required from any lake easement. iv) Setback from U.S.41: same as height of the principal structure 3. Floor Area Ratio:0:45 0.60 FAR. 4. Maximum height: .- . - . • • . ... .. - not to exceed a zoned height of 50 60 feet and an actual height of 75 feet. 5. Any ALF or CCRC constructed along U.S. 41 will provide a Type C buffer, 20 foot wide, opaque within one year, with a six-foot wall, fence, hedge or berm or combination thereof and two staggered rows of trees spaced no more than 30 feet on center along with a single row shrub. Trees shall be 14 feet tall at time of planting and shrubs shall be 24 inches tall at time of planting. C. Site development standards for single family, zero lot line, two-family, duplex, single family attached and town home uses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries, unless otherwise specified. D. Standards for parking, landscaping, signs and other land uses, where such standards are not specified herein,are to be in accordance with the LDC in effect at the time of SDP approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 3-3 Words underlined are additions; words struck-through are deletions. Sabal Bay MPUD Amendment—PUDA-PL2011-047—03/13/12 TABLE I: SABAL_ BAY MPUD DEVELOPMENT STANDARDS FOR"RG" RESIDENTIAL/GOLF AREA SINGLE MULTI FAMILY/ SINGLE TWO TIMESHARE CLUBHOUSE/ SETBACK FAMILY ZERO LOT FAMILY/ FAMILY ALFs DWELLINGS RECREATION 8 DETACHED LINE DUPLEX ATTACHED/ (EXCLUDING BUILDINGS CCRC'S ' TOWNHOME TOWNHOUSES) PRINCIPAL STRUCTURES L"44 _ 3,500 SF Per Section Minimum Lot Area 5,000 SF 4,000 SF per lot or 37500-2 600 SF N/A 10,000 SF 3.5 B unit Minimum Lot Width 2 40' 35' 35'per lot 20' N/A N/A N/A _ or unit 15'or.5 BH, whichever is greater, Front Yard Setback° 15' 15' 15' 15' 20' Per Section and a minimum of 75 3.5 B feet from the PUD perimeter boundary. 15'or.5 BH, whichever is greater, Front Yard for Side° Entry Garage 10' 10' 10' 10' and a minimum of 75 N/A N/A feet from the PUD perimeter boundary. 15'or.5 BH, whichever is greater, Rear Yard' 10' 10' 10' 10' 15' Per Section and a minimum of 75 3.5.B feet from the PUD perimeter boundary. 15'or 50%of BH, whichever is greater Side Yard 62 5' 0'or 62 5''s 0'or 62 5'*3 0'or 6'5'' 10' Per Section and a minimum of 75 3.5 B feet from the PUD perimeter boundary 4 0 0 0 0 0 0 0 From Preserve i 25' 25' 25' 25' 25' 25' 25' Maximum Heights 35' 35' 35' 35' 50'above FEMA 55, Per Section elevation 3.5,B Floor Area Minimum 1200 SF 1200 SF 1200 SF 1200 SF 700 SF N/A N/A 8 (SF) Minimum Distance15'or.5 SBH 15'or.5 SBH, 15'or.5 SBH, Between 4-22 10' 421 10' 4-2210' 42 10' 49 whichever is whichever is Principal Structures4 whichever is greater greater4 greater4 ACCESSORY STRUCTURES 1°`" Front SPS SPS SPS SPS SPS SPS SPS Side SPS SPS SPS SPS SPS SPS SPS Rear 5' 5' 5' 5' 5' 10' 10' From Preserve i 10' 10' 10' _ 10' 10' 10' 10' Minimum Distance Between Accessory 0'or 10' 0'or 10' 0'orl0' 0'or 10' 0'or 10i4 0'or 10i4 0'or 10' Structures on same lot Minimum Distance Between Accessory 0'or 10' 0'or 10' 0'orl0' 0'or 10' 0'or 10'4 0'or 10i4 0'or 10' and Principleal Structures on same lot Maximum Height SPS _ SPS SPS SPS 50' SPS 39'80' 3-4 Words underlined are additions; words struck-through are deletions. Sabal Bay MPUD Amendment—PUDA-PL2011-047—03/13/12 BH: Building Height—measured as defined in LDC Section 1.08.02 Definitions"building,zoned height of." SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. SPS:Same as Principal Structure Front yards shall be measured as follows: If the parcel is served by a public or private right-of-way,setback is measured from the adjacent right-of-way line. *1 -Setback from lake easements for all accessory uses and structures may be 0 feet. Setback from preserve areas shall be 25 feet for principal structures and 10 feet for accessory structures, or as may otherwise be permitted in accordance with the applicable provisions set forth in LDC Section 3.05.07. *2-Minimum lot width for cul-de-sac lots consistent with the measurement standards established in the LDC. *3 -Zero feet(0'). Where the zero foot(0')yard option is utilized, the opposite side of the structure or attached structures shall have a twelve ten foot(k2 10')side yard. Where zero lot line development is proposed,a conceptual site plan shall be submitted with the application for final subdivision plat approval. The conceptual site plan shall depict the proposed location of dwelling units and the required setbacks. *4-Distance between principal and accessory structures for multi-family development: Where common architectural themes are utilized for a common development tract,distances between principal structures may be reduced subject to Fire District approval at the time of site plan review. In no case shall the distance between principal structures be less than 10 feet or.25 SBH,whichever is greater. A common architectural theme shall be demonstrated during SDP review through submittal of drawings and renderings depicting common signage,common entry design features,common landscape and landscape features,and common architectural building design features. *5—Building height is measured as set forth in LDC Section 1.08.02 Definitions "building, zoned height of." Actual height of structures in Single Family Detached, Zero Lot Line, Two Family/Duplex, and Single Family Attached/Townhome categories shall not exceed forty-five feet(45'). Mid-Fise Multi-family/timeshare structures within Tracts-R/GI,as depicted on the MPUD Master Plan (Exhibit "A") shall have a maximum height of 10 residential floors over parking, not to exceed 150 feet of zoned height as measured pursuant to LDC Section 1.08.02 Definitions"Buildings,zoned height of", and a maximum actual height of 165 feet. *6—Front loading garages shall have a minimum front yard setback 23 feet,as measured from the back of sidewalk. Side loaded garages may be located less than 23 feet from the back of sidewalk provided that the driveway design allows for parking of vehicles so as not to interfere with or block the sidewalk. *7—50 feet for R/G8. *8—Standards not specified herein shall be those specified in Section 5.05.04 of the LDC in effect as of the date of adoption of this MPUD Ordinance. There is no minimum floor area established for an ALF or CCRC;however,the maximum floor area ratio (FAR)is.' .-. --• •. .' _ -`- .60. The ALF/CCRC use is prohibited in the R2-B,R5.and R7 areas. *9—Minimum separation between parking decks under mid-rise structures shall not be less than 60 feet. 10 - In no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be located within a landscape buffer in accordance with LDC applicable provisions in effect at the time or permitting. 11 where' - ..• _ .. _ _ _. •.. .. . 3-5 Words underlined are additions; words stf-Llsk through are deletions. Sabal Bay MPUD Amendment—PUDA-PL2011-047—03/13/12 SECTION IV RECREATION/VILLAGE CENTER 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Sabal Bay MPUD designated on the Master Plan as RECNC, "Recreation /Village Center." 4.2 GENERAL DESCRIPTION The approximate acreage of the RECNC Tract is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of SDP or subdivision plat approvals in accordance with Section 10.02.03 and Section 10.02.04 of the LDC. The RECNC area shall accommodate a variety of recreational, water management, open space, commercial uses, including temporary lodging establishments, as well as customary accessory uses associated with the permitted principal use, and essential services. The RECNC Subdistrict shall not be subject to the conditions, limitations or restrictions set forth in Chapter 4.07.04 of the LDC. The commercial uses identified within this subdistrict are permitted pursuant to FLUE Map 11 that establishes exempt commercial areas within the boundaries of the MPUD which have been determined to be consistent by policy(FLUE Policy 5.9). Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds established for a mixed-use project (100 percent for a specific use and 160 percent of any combination of three or more uses), as those regulations exist on the date this MPUD is approved. The developer Owners shall provide the County with incremental development information, including the aggregate commercial square footage within the RECNC Tract and within the PUD in total, as required during the annual PUD monitoring process,and through the SDP and/or subdivision plat application submittal process. 4.3 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. Permitted Principal Uses and Structures: 1. Recreational facilities and structures such as, but not limited to,pools, tennis courts, health and fitness facilities, clubhouses, pro shops, meeting rooms, community buildings,playgrounds,and playfields,docks,and electric boats. 2. Commercial banks (Groups 6021-6029 drive-through facilities are prohibited). 3. Real estate agents and managers for property within PUD only (Group 6531). 4-1 Words underlined are additions; words struck-through are deletions. Sabal Bay MPUD Amendment—PUDA-PL2011-047—03/13/12 4. Hardware store only-2,500 square feet,maximum floor area(Group 5251). 5. Variety stores-2,500 square feet maximum floor area(Group 5331). 6. Miscellaneous general merchandise stores, except catalog showrooms - 2,500 square feet maximum floor area(Group 5399). 7. Grocery stores, 10,000 square feet maximum floor area(Group 5411). 8. Fish,meat,and seafood markets only(Group 5421). 9. Fruit and vegetable markets(Group 5431). 10. Retail bakeries(Group 5461). 11. Coffee stores and health food stores only-2,500 square feet maximum floor area(Group 5499). 12. Gasoline service stations,except truck stops(Group 5541). 13. Apparel and accessory stores - 2,500 square feet maximum floor area (Groups 5611-5661). 14. Record and prerecorded tape stores(Group 5735). 15. Eating places, except caterers and industrial and institutional food service establishments, dinner theaters, drive-in restaurants and restaurants with drive-through facilities(Group 5812). 16. Liquor stores(Group 5921). 17. Gift,novelty,and souvenir shops (Group 5947). 18. Sewing,needlework,and piece goods stores(Group 5949). 19. Florists(Group 5992). 20. Agents for laundries and drycleaners only(Group 7212). 21. Coin-operated laundries and drycleaning(Group 7215). 22. Diaper service,and garment alteration and repair shops only(Group 7219). 23. Beauty shops,except beauty schools and cosmetology schools(Group 7231). 24. Barber shops,except barber colleges(Group 7241). 4-2 Words underlined are additions; words struck-through are deletions. Saba!Bay MPUD Amendment-PUDA-PL2011-047-03/13/12 25. Depilatory salon, electrolysis, massage parlor, shopping services for individuals,and tanning salons only(Group 7299). 26. Housekeeping and maid services only(Group 7349). 27. Videotape rental(Group 7841). 28. Physical fitness facilities(Group 7991). 29. Offices and/or clinics of physicians, and offices and/or clinics of dentists. (Groups 8011-8021). 30. Offices and clinics of chiropractors(Group 8041). 31. Establishments operating primarily to provide temporary lodging such as hotels or motels as defined under Industry Group 7011 in the Standard Industrial Classification Manual. Within the RECNC Subdistrict, up to 150 temporary lodging units may be developed. Those temporary lodging units may be developed as typical hotel or motel units or may be developed as independent detached or attached units constructed so as to appear like residential dwelling units of various types(No more then than 250 temporary lodging units shall be permitted within the entire MPUD). 32. Timeshares, which shall not be counted as temporary lodging units but which shall be counted as residential dwelling units. 33. Miscellaneous Retail Stores, not elsewhere provided for above (Groups 5699,5999),whether accessory to a hotel,motel,clubhouse,or independent. 3-3,34. Open space uses, and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, fishing/observation pier,picnic areas, fitness trails, and shelters. 35. Carwashes(Group 7542) 36. United States Postal Service(Group 4311) B. Permitted Accessory Uses and Structures 1. Customary accessory uses or structures incidental to recreation and village center areas and,or facilities, including structures constructed for purposes of maintenance,storage or shelter with appropriate screening and landscaping. 4-3 Words underlined are additions; words etruck through are deletions. Sabal Bay MPUD Amendment—PUDA-PL2011-047—03/13/12 2. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: a. Parking facilities and signage b. One caretaker's residence c. Temporary licensed uses such as art festivals, displays, outdoor gatherings or performances and outdoor food markets. 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Twenty-five feet(25'). 2. Side Yard: Fifteen feet(15'). 3. Rear Yard: Fifteen feet(15'). 4. Proposed structures located adjacent to a lake may have no setback from the lake maintenance easement. No structures are permitted in the required 20- foot lake maintenance easement. 5. Principal and accessory structure setbacks from Preserve Area i) Principal structure: Twenty-five feet(25') ii) Accessory structure: Ten feet(10') B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Fifty feet (50); except clock towers or similar architectural features,which shall be permitted up to seventy-five feet(75'). D. Minimum distance between principal structures - Ten feet (10'), or greater, if required by local fire codes in effect at time of development. E. Minimum distance between accessory structures-Ten feet(10'). F. Parking for uses and structures constructed in the RecreationNillage Center: The amount of required parking within this District may be reduced by up to 25% of the applicable LDC parking requirements if it is demonstrated that such a reduction is warranted through the submission of a shared parking analysis, to be submitted with an SDP application. The amount of parking necessary shall be determined utilizing the modal splits and parking demands for various uses recognized by the Institute of Traffic Engineers(ITE),Urban Land Institute(ULI)or other sources or studies. The analysis shall demonstrate the number of parking spaces available for more than one use or function, recognizing the required parking spaces will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. 4-4 Words underlined are additions; words struck huh are deletions. Sabal Bay MPUD Amendment—PUDA-PL2011-047—03/13/12 The shared parking analysis methodology will be determined and agreed upon by the County Transportation Staff and the applicant during the SDP pre-application meeting. The shared parking analysis shall use the maximum square footage of uses proposed by the SDP application. Note: Any such reduction approved by staff is a deviation from the requirements set forth in LDC Section 4.05.04. G. Architectural and Site Design Standards: guidelines and standards of Section 5.05.08 of the LDC, or if variations from these guidelines are needed to accommodate mixed use residential or neo .. • . from the requirements of Section 5.05.08 of the LDC, and shall further $• 4-5 Words underlined are additions; words s#r-usk-through are deletions. Sabal Bay MPUD Amendment—PUDA-PL2011-047—03/13/12 SECTION V COMMERCIAL/OFFICE 5.1 PURPOSE The purpose of this Section is to set forth the development plan for tracts designated as "C/O", Commercial/Office on Exhibit "A", MPUD Master Plan. The general function and purpose of this Tract is to provide the opportunity for diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions to many segments of the population. 5.2 MAXIMUM COMMERCIAL/OFFICE SQUARE FEET The 45 50 ± acre Commercial/Office Areas (Tracts C/01, C/02 and C/03), shall be developed with an amount of commercial/office square footage that will not exceed individual DRI thresholds. Total retail or other uses on the C/O1 and C/02 shall not exceed 142,000 square feet of retail and 40,000 square feet of office space. Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds established for a mixed-use project (100 percent for a specific use and 160 percent of any combination of three or more uses) as those regulations exist on the date this MPUD is approved. This shall be monitored through the PUD monitoring process on an annual basis and through the SDP and/or subdivision plat review process. 5.3 PERMITTED USES No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or in part, for other than the following: A. Principal Uses': 1. Establishments primarily engaged in performing soil preparation services, crop services, veterinary services, other animal services, farm labor and management services, and landscape and horticultural services, as outlined under Major Group 07 in the Standard Industrial Classification Manual, only including Industry Number 0742 — veterinary services for animal specialties. Reference Executive Office of the President,Office of Management and Budget,Standard Industrial Classification Manual, 1987 Edition. 5-1 Words underlined are additions; words s#r-usk-through are deletions. Sabal Bay MPUD Amendment—PUDA-PL2011-047—03/13/12 2. Establishments furnishing point-to-point communications services as outlined under Major Group 48 in the Standard Industrial Classification Manual; no communication towers are permitted. 3. Any retail business as defined in the Standard Industrial Classification Manual for the following categories: a. 523 —Paint glass, and wallpaper stores; b. 525—Hardware stores; c. 526—Retail nurseries, lawn and garden supply stores; d. Major Group 53 —General merchandise stores. 4. Any retail store engaged in selling food as defined under Major Group 54 in the Standard Industrial Classification Manual. 5. Any retail business engaged in selling automobile parts and accessories; and retail gasoline sales (without service facilities), as defined in the Standard Industrial Classification Manual for the following categories: a. 553 —Auto and home supply stores, not including any installation facility; b. 554—Gasoline stations,not including service facilities; c. Group 7542—Carwashes only. 6. Any retail business engaged in selling new or used motorboats and other watercraft, marine supplies, and outboard motors as defined under Industry Group 555 in the Standard Industrial Classification Manual. 7. Any retail business engaged in selling apparel and accessories as defined under the Major Group 56 in the Standard Industrial Classification Manual. 8. Any retail business engaged in selling home furniture, furnishings, and equipment stores as defined under Major Group 57 in the Standard Industrial Classification Manual. 9. Any retail establishment selling prepared foods and drinks, including alcoholic drinks (for consumption on the premises), as defined under the Major Group 58 in the Standard Industrial Classification Manual. 10. Any miscellaneous retail business as defined under Major Group 59 in the Standard Industrial Classification Manual, not including Industry Group 5-2 Words underlined are additions; words struck are deletions. Sabal Bay MPUD Amendment—PUDA-PL2011-047—03/13/12 Numbers: 596 — non-store retailers; 598 — fuel dealers; and not including retail sale of fireworks. 11. Establishments operating primarily in the fields of finance, insurance, and real estate as defined under Major Groups 60, 61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. 12. Within Tract C/03 only, establishments operating primarily to provide temporary lodging such as hotels or motels as defined under Industry Group 7011 in the Standard Industrial Classification Manual. No more than 150 units shall be permitted. (No more than 250 units shall be permitted in total within the REC/VC District and Tract C/03). 13. Establishments operating primarily to provide personal services as defined in the Standard Industrial Classification Manual for the following Industry Groups: a. 721 — Laundry, cleaning, and garment services, only including Group 7211 — power laundries, family and commercial, Group 7215 — coin-operated Iaundries and dry-cleaning, and Group 7217 —carpet and upholstery cleaning; b. 722—Photographic portrait studios; c. 723—Beauty shops d. 724—Barber shops; e. 725 —Shoe repair shops and shoeshine parlors; f. 729—Miscellaneous personal services, only including Group 7291 tax return preparation services, and Group 7299 personal services, only including car title and tag service, computer photography or portraits, costume rental, diet workshops, electrolysis (hair removal), genealogical investigation service, hair weaving or replacements service, dress suit or tuxedo rental, and tanning salons. 14. Establishments operating primarily to provide business services as defined in the Standard Industrial Classification Manual for the following industry Groups: a. 731 — Advertising, not including Group 7312 outdoor advertising services agencies; b. 733 —Mailing, reproduction, commercial art and photography, and stenographic services; c. 735 — Miscellaneous equipment rental and leasing, only including Group 7352—medical equipment, rental and leasing; d. 737 — Computer programming, data processing, and other computer related services, not including Group 7371 — prepackaged software 5-3 Words underlined are additions; words struck-through are deletions. Sabal Bay MPUD Amendment—PUDA-PL2011-047—03/13/12 15. Establishments primarily engaged in developing film and in making photographic prints and enlargements for the trade or for the general public, only including Group 7384, Photofinishing laboratories. 16. Establishments primarily engaged in furnishing automotive repair, rental, leasing and parking services to the general public, including Group 7513 — Truck rental and leasing, without drivers; Group 7514 — Passenger car rental; Group 7515 — Passenger car leasing; and Group 7519 — Utility trailer and recreational vehicle rental. 17. Establishments engaged in miscellaneous repair services, only including Group 7631 — Watch, clock, and jewelry repair and Group 7699 — Repair shops and related services,not elsewhere classified. 18. Establishments operating primarily to provide motion picture services as defined under Major Group 78 in the Standard Industrial Classification Manual, only including Group 7832 - Motion picture theaters, except drive-in, and Group 7841 —Videotape rental. 19. Establishments operating primarily to provide amusement and recreation services as defined under Major Group 79 in the Standard Industrial Classification Manual, for the following Groups: a. 7911 —Dance studios, schools and halls b. 7922 — Theatrical producers (except motion picture) and miscellaneous theatrical services c. 7941 — Professional sports clubs and promoters, only including managers of individual professional athletes, and promoters of sports events. d. 7991 —Physical fitness facilities e. 7999 — To include moped rental, motorcycle rental, rental of bicycles, schools and camps-sports instructional, scuba and skin diving instruction, sporting goods rental only. 20. Establishments operating primarily to provide medical and health services as defined under Major Group 80 in the Standard Industrial Classification Manual, for the following Groups: a. 801 —Offices and clinics of doctors of medicine; b. 802—Offices and clinics of dentists; c. 803 —Offices and clinics of doctors of osteopathy; d. 804—Offices and clinics of other health practitioners. 5-4 Words underlined are additions; words st ck-through are deletions. Sabal Bay MPUD Amendment—PUDA-PL2011-047—03/13/12 21. Establishments operating primarily to provide medical and dental laboratories as defined under Major Group 807 in the Standard Industrial Classification Manual, for the following Groups: a. Group 8071 —Medical Laboratories; b. Group 8072—Dental Laboratories. 22. Establishment operating primarily to provide legal services as defined under Major Group 81 in the Standard Industrial Classification Manual. 23. Establishments primarily engaged in providing library services, only including Group 8231 —Libraries. 24. Membership organizations engaged in promoting the interests of their member as defined under Major Group 86 in the Standard Industrial Classification Manual. 25. Establishments operating primarily to provide engineering, accounting, research, and management for the following Groups: a. 8711 —Engineering services b. 8712—Architectural services c. 8713—Surveying services d. 8721 —Accounting,auditing and bookkeeping services e. 8732 — Commercial economic, sociological, and educational research f. 8741 —Management services g. 8742—Management consulting services h. 8743 —Public relations services i. 8748—Business consulting services. 26. Offices of government as defined under Major Group 91 in the Standard Industrial Classification Manual. 27. Mixed multi-family residential and commercial uses located within C/O1 and C/02 Tracts. Residential dwelling units shall be counted toward the maximum 1999 allowable residential dwelling units. A maximum of 390 units shall be permitted within the combined Tracts R G8, C/O1 and C/02. The commercial space shall be counted toward the maximum allowable square footage as allowed per DRI thresholds. Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds, established in chapter 380 of Florida Statutes, for a mixed-use project (100 percent for a specific use and 160 percent of any combination of three or more uses), in effect on the date of approval of this PUD. This 5-5 Words underlined are additions; words struck through are deletions. Sabal Bay MPUD Amendment—PUDA-PL2011-047—03/13/12 shall be monitored through the PUD monitoring process on an annual basis, and during all SDP and/or subdivision plat submittals. The mixed residential and commercial uses shall be subject to the following criteria: a. An SDP is approved pursuant to Chapter 10 of the LDC that is designed to protect the character of the residential uses and of the neighboring lands; b. The commercial uses in the development shall be limited in hours of operation, size of delivery trucks,and type of equipment; c. The residential uses are designed so that they are compatible with commercial uses; d. Residential dwelling units may be located above principal structures; e. Residential and commercial uses shall not occupy the same floor of a building in which the uses are located; f. The mixed-commercial/residential structure shall be designed to enhance the compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses, directing commercial lighting away from residential units, and separating pedestrian and vehicular access ways and parking areas from residential units; and g. The SDP shall incorporate traditional neighborhood design(TND) principles. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Parking facilities and signage 2. One caretaker's residence 3. Temporary licensed uses such as art festivals, displays, outdoor gatherings or performances and outdoor food markets. 4. Docks and electric boats. C. Should market conditions not warrant commercial development within the C/03 Tract, that Tract shall be used for any uses permitted within the RIG Subdistrict, subject to all development standards set forth in Section III of this MPUD Document. 5.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 10,000 square feet. B. Minimum Lot Width: 100 feet 5-6 Words underlined are additions; words struck-through are deletions. Sabal Bay MPUD Amendment—PUDA-PL2011-047—03/13/12 C. Minimum Yards (Internal): 1. Front Yard: Twenty (20) feet plus one (1) foot for each two (2) feet of building height over fifty(50) feet. 2. Side Yard: None, or a minimum of five (5) feet, with unobstructed passage from front to rear yard 3. Rear Yard: 15 feet. 4. Parcels with two frontages may reduce one front yard by 10 feet. 5. In no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be located within a landscape buffer, in accordance with LDC provision in effect at the time or permitting." D. Minimum Yards and Buffers(External): 1. East Tamiami Trail (US 41): 50-foot setback, except that canopies for gas stations shall maintain a 30-foot setback, provided no gas pumps or pump islands are located closer than 30 feet from the East Tamiami Trail right- of-way. A 20-foot landscape buffer, in accordance with Section 2.12 of this Document and Section 4.06.00 of the LDC, shall be provided along the entire frontage of US 41. In accordance with Subsection 5.05.05D1 of the LDC, should a gasoline service station be developed, a 25 foot wide landscape buffer is required along rights-of-way adjacent to the service station. In no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be located within a landscape buffer, in accordance with the LDC provisions in effect at the time or permitting. E. Minimum Distance Between Non-attached Structures: Fifteen feet (15') or one- half the sum of the building heights, whichever is greater. F. Maximum Height: Five stories or fifty feet (50'), whichever is greater, except for hotels, which may be developed up to seventy-five feet (75') in height, as measured in accordance with the LDC definition of the term "building, zoned height of". G. Minimum Floor Area: 500 square feet per'principal structure, on the finished first floor. Kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of 25 square feet and shall not be subject to the setback requirements set forth on Paragraph 5.4 C. above; however, in no instance shall a structure encroach into a required landscape buffer, other 5-7 Words underlined are additions; words struck-#sough are deletions. Sabal Bay MPUD Amendment—PUDA-P12011-047—03/13/12 H. than those structures permitted to be located within a landscape buffer in accordance with LDC provision in effect at the time or permitting. 1. Off-Street Parking and Loading Requirements: As required by Section 4.05.00 of the LDC in effect at the time of SDP approval. J. Architectural and Site Design Standards: Commercial development within this District shall conform with the guidelines and standards of Section 5.05.08 of the LDC or variance. Gray, primary and/or secondary colors shall be permitted as a predominant exterior roof colors. This is a deviation from Subsection 5.05.08C.13.b of the LDC. 5-8 Words underlined are additions; words 64146k-through are deletions. Sabal Bay MPUD Amendment—PUDA-PL2011-047—03/13/12 SECTION VI PRESERVE 6.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Sabal Bay MPUD designated on the Master Plan as"P",Preserve. 6.2 GENERAL DESCRIPTION Areas designated as "P", Preserve on the Master Plan are designed to accommodate conservation, passive recreation and water management uses and functions. The approximate acreage of the Preserve is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. The configuration of these areas may change due to permitting requirements with the South Florida Water Management District, United States of America Corps of Engineers and other agencies; however, the acreage shall be generally consistent with that shown on the Master Plan. Actual acreages of preserve areas will be provided at the time of SDP or subdivision plat approvals in accordance with Sections 10.02.03 and 10.02.04 of the LDC. 6.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used,in whole or in part,for other than the following: A. Permitted Principal Uses and Structures 1. Upland preserves 2. Wetland preserves B. Permitted Accessory Uses and Structures 1. Boardwalks,nature trails,shelters,viewing piers,viewing platforms,educational signs, kiosks, elevated golf paths, , and docks or platforms for launching and mooring or storage of non-motorized vessels utilizing movable storage racks. 2. Water management structures in accordance with Collier County, SFWMD, DEP,and USACOE permitting requirements. 6.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements for Accessory Structures 1. From MPUD or external development tract boundary: Fifteen Feet(15') 2. From internal tract boundary: Ten Feet(10') 3. From lake maintenance easement: Zero Feet(0') 6-1 Words underlined are additions; words stwck-through are deletions. Sabal Bay MPUD Amendment—PUDA-PL2011-047—03/13/12 4. Maximum Height of Structures: Twenty-five Feet (25'), except for viewing platforms that may be forty-teet(40')seventy-five feet(75') 6-2 Words underlined are additions; words str ck thro gh are deletions. Sabal Bay MPUD Amendment—PUDA-PL2011-047—03/13/12 SECTION VII PUBLIC FACILITY 7.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Sabal Bay MPUD designated on the Master Plan as "PF", Public Facility. The PF district land is set aside for Collier County School Board to build an elementary or middle school and one acre is set aside for fire,rescue and an EMS site. Should the School Board or Fire District decide that it will not need this land, or a portion of it, then this area may be used for any uses permitted within the RIG Subdistrict, subject to all development standards set forth in RIG Subdistrict. 7.2 GENERAL DESCRIPTION Areas designated as "PF", on the Master Plan are designed to accommodate an educational facility, and public safety services and facilities. The approximate acreage of the areas designated as "PF", are indicated on the MPUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of SDP or subdivision plat approvals in accordance with Sections 10.02.03 and 10.02.04 of the LDC. 7.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used,in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Educational facilities, limited to public elementary or middle school. 2. Educational plant,limited to public elementary or middle school. 3. Safety service facilities, limited to fire stations and EMS facilities. B. Accessory Uses Accessory uses customarily associated with the principal permitted uses. 7.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Twenty-five feet(25') 2. Side Yard: Fifty feet(50'). 3. Rear Yard: Fifty feet(50'). C--.-B. Exterior lighting shall be arranged in a manner, which will protect roadways and residential properties from direct glare or unreasonable interference. 7-1 Words underlined are additions; words struck-through are deletions. Sabal Bay MPUD Amendment—PUDA-P12011-047—03/13/12 1. Maximum height of structures—Thirty-five feet(35') 2. Minimum distance between principal structures - Ten feet (10'), or half the sum of building heights. 3. Minimum distance between accessory structures-Ten feet(10'). 4. Minimum off-street parking: Subject to Chapter 4.05.00 of the LDC. 7-2 Words underlined are additions; words Hugh are deletions. Sabal Bay MPUD Amendment—PUDA-PL2011-047—03/13/12 SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Sabal Bay MPUD. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is CDC Land Investments, Inc. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 8.2 GENERAL All facilities shall be constructed in strict accordance with SDPs, subdivision plats (if required), and all applicable State and local laws, codes, and regulations applicable to this MPUD. Except where specifically noted or stated otherwise, the standards and specifications of Section III, Exhibit "A", Design Requirements for Subdivisions of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66 shall apply to this project, even if the land within the MPUD is not to be platted. The developer Owners, its their successors and assigns, shall be responsible for the commitments outlined in this Document The developer Owners, its their successors or assignee, shall follow the Master Plan and the regulations of the MPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to the developer Owners is are bound by the commitments within this Document. These commitments may be assigned or delegated to a condominium/ homeowners' association to be created by the developer Owners. Upon assignment or delegation, the developer Owners shall be released from responsibility for the commitments. 8-1 Words underlined are additions; words s#rusk-through are deletions. Sabal Bay MPUD Amendment-PUDA-PL2011-047-03/13/12 8.3 MPUD MASTER DEVELOPMENT PLAN A. Exhibit "A", MPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as subdivision plat or SDP application. Subject to the provisions of Subsection 10.02.13(E) of the LDC, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. C. County Manager or his designee, shall be authorized to approve minor changes and refinements to the Sabal Bay MPUD Master Plan upon written request of the developer Owners, subject to the provisions set forth in LDC Subsection 10.02.13E. 8.4 ENGINEERING A. Except as noted and authorized as a deviation in this PUD Document, all project development will be consistent with provisions of Sections 10.02.04 and 10.02.03 of the LDC. 8.5 UTILITIES A. All County or City water distribution and sewage collection and transmission facilities to serve the project shall be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 04-51, as amended, and other applicable County or City rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities shall be considered to be customers of the County or the City of Naples, as the case may be, and shall be billed by the County or City in accordance with the County's or City's established rates. C. The development shall be subject to application for and conditions associated with a water and sewer availability letter from the Collier County Public Works Division, or from the City of Naples Utilities Department, whichever is applicable, in accordance with applicable franchise services boundaries. D. The developer Owners shall reserve three requested easements, and associated utility and access easements to connect with a public right-of-way. These sites shall be used for wells (not to exceed 100' by 100' for each site) with a minimum spacing of 500 feet between wells. This conveyance shall occur at the time the 8-2 Words underlined are additions; words struck-thr-eugh are deletions. Sabal Bay MPUD Amendment—PUDA-PL2011-047—03/13/12 SDP, or final subdivision approval for the area within the development phase that contains the easement. E. The developer Owners shall provide a 10 foot wide utility easement on the development property along both sides of Bayshore Drive, if determined to be needed by Collier County. 8.6 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. The developer Owners shall design the water management facilities in accordance with County ordinances, State, and Federal minimum design regulations in effect at the time of submittal of SDPs, or construction plans or plat approvals as the casemay be. • • ., . .. - .. . .. ...••: .. . .. C. An excavation permit shall be required for the proposed lakes in accordance with Skubsection 22-122(c) of Ordinance 04-55 of Collier County Code of Laws and Ordinances. All lake dimensions shall be approved at the time of excavation permit approval, and shall be consistent with permits issued by the South Florida Water Management District. D. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services Staff for review and approval. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the approved plans is granted. E. This developer Owners shall obtain an Environmental Resource Permit or Early Work Permit from the South Florida Water Management District prior to SDP approval. F. The developer Owners shall adhere to the conditions set forth in the September 23, 2003 October 14, 2003 (as amended March 27, 2007, April 22, 2008, and October 27, 2009) Contribution Companion Agreement by and between Collier Land Development, Inc., Collier Development Corporation and Collier County regarding the Lely Area Surface Water Drainage Improvements in order to further the Lely Area Stormwater Improvement Project (LASIP). To further clarify, the applicant's responsibilities are as follows: 8-3 Words underlined are additions; words s#fugh are deletions. Sabal Bay MPUD Amendment—PUDA-PL2011-047—03/13/12 1) Hamilton Avenue (f.k.a. Fern Street)— the applicant will make provisions in the land plan design to continue to allow the current positive outfall, and provide physical maintenance, through the natural flowwav portions of the outfall within applicant's property. Collier County will be responsible to provide all on-going physical maintenance of the conveyance within the Hamilton Avenue(f.k.a. Fern Street)right-of-way. 2) Avalon Outfall Canal System — the applicant will make provision in the land plan design to continue to allow the current positive outfall of this canal by relocating the canal to the westerly property line in that area (as shown on the MPUD Master Plan), construct a uniform canal section, and place it in an 87-foot wide drainage easement, to be purchased by Collier County, which is consistent with previous PUD and ERP approvals. Collier County will be responsible to provide all on-going physical maintenance of the conveyance and easement. Owners agree to provide legal access to Collier County for the purposes of providing said maintenance. 8.7 ENVIRONMENTAL A. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of the jurisdictional wetland boundary in all places and averaging twenty-five (25) feet from the edge of the jurisdictional wetland boundary. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules. B. A preserve area management plan shall be provided to Environmental Services C. All conservation areas shall be placed under conservation casements with 13:B. This PUD shall comply with the guidelines of the United States Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission £FFWCC), and as applicable, Collier County regulations, for impacts to protected species. • - - - -- =: - - - . _ •-• • :-, rRestrictions within bald eagle nest protection buffer zones buffer shall be in accordance with the • • •- • _ _ * •.• --- •- the Bald Eagle in the Southeast Region, USFWS 1987 State and Federal 8-4 Words underlined are additions; words struck-though are deletions. Sabal Bay MPUD Amendment—PUDA-PL2011-047—03/13/12 Management guidelines and. Upon receipt of technical assistance from the U.S. removed from the Bald Eagle Primary Nest Protection Zone. may require technical assistance from the USFWS and FFWCC. The listed species documented on the property include American alligator, gopher tortoise, little blue heron, snowy egret, tri-colored heron, white ibis, bald eagle, wood stork, Florida panther, and Florida black bear. A Habitat Management Plan for listed species shall be submitted to Environmental Services Staff for review and approval prior to SDP approval. • following-manner 1) If the nest is abandoned in accordance with US fish and Wildlife 2) If the eagles relocate to a tree that is not located on the subject property entirely outside of any arca of the PUD proposed for any type of development; then the bald eagle management plan shall be • - . . - new primary zone location; new secondary zone location. If the eagles relocate to a tree and the primary or secondary protection zones of the tree - I . . - .- . Advisory Council (EAC), Collier County Planning Commission (CCPC) F. Approximately 69 acres of the project site are identified as an old agricultural analysis for herbicides, pesticides and heavy metals. Measures needed to clean up accordance with the requirements of LDC. The success of the establishment of 8-5 Words underlined are additions; words figh are deletions. Sabal Bay MPUD Amendment—PUDA-PL2011-047—03/13/12 #C. In accordance with requests from Rookery Bay National Estuarine Research Reserve (RBNERR .. - -- . • - - . • _. . • - - .. . - . - t` eper Owners agrees to the following: 1. r-- - .. .. - . .. . . - • . • .: with RBNERR. The Collier County Lely Area Stormwater Improvement Project(LASIP) Permit requires water quality monitoring, for some period of time, at the furthest downstream portion of the Lely Canal. During January, 2011, the Owners provided RBNERR a copy of the most recent water quality report for the test locations within the Sabal Bay MPUD. For so long as the LASIP Permit requires water quality monitoring, the Owners will provide a copy of the annual water quality monitoring report to RBNERR. Additional reports may be obtained from SFWMD upon request. 2. The developer Owners shall include a provision in the conservation easement requiring notification to RBNERR and-the-Conservancy in advance of any changes to the conditions of, and or dedication language set forth in the project's conservation easement. The RBNERR awe Conservancy will be allowed to participate in the discussions of any proposed changes. - - - RBNERR, tThe developer Owners shall -- . • - . - - - . . .. •• ; utilizeing water management Best Management Practices (BMP's) during construction to minimize adverse impacts on water quality during development; conducting providing post development water quality monitoring and reporting as set forth in Paragraph 8.7.140.1. above;. Additionally, the Owners will seek to and increaseing public awareness by educating residents and the homeowners' association; through the use of signage and take-home information, of the potential damage from stormwater pollution on the environment and the importance of protecting aquatic and terrestrial resources within and nearby the RBNERR. Further, the developer Owners shall erect signage at various locations along the RBNERR boundary, making residents and guests aware of the location and natural resource importance of the estuarine ecosystem and its management. The developer shall include 8-6 Words underlined are additions; words str-usk-through are deletions. Sabal Bay MPUD Amendment—PUDA-PL2011-047—03/13/12 - - • ' - • • - . . • . _ . . . , ... . •• - • ! - I-1.-The developer will include in the design of the backbone surface water management system, four additional Best Management Practices (BMP's), which includes: 1) extended hydraulic residence time due to increased lake acreage; 2) existing and created wetland areas, incorporated into a treatment train concept, upstream of final discharge; 3) planted filter marshes, incorporated into a treatment train concept, upstream of wetland treatment areas; 4) increased flow path between inflow and outflow through both the planted filter marshes and the wetland treatment areas. These BMP's will be incorporated downstream of the lake system, and prior to final discharge from the system, to provide additional "treatment"or "polishing." Such design will be made part of the development's surface water management plans, to be reviewed and permitted by SFWMD as a part of the ERP application. 4_5: The developer Owners shall disclose in the homeowner association documents that the following activities may occur on the adjacent RBNERR lands: exotic plant removal and ongoing maintenance; utilization of prescribed burns as a means of habitat management; controlling illegal dumping; management of access within RBNERR lands, controlling and trapping when necessary, feral, nuisance and domestic animals. 5. 6: The two archeological sites determined to be of prehistoric cultural significance (8cr535 and 8cr 227) shall be preserved and the developer Owners shall coordinate with the Florida Division of Historic Resources to minimize any disturbance to these sites during development and as a result of exotic vegetation removal. 8.8 TRANSPORTATION - . . - - 9 • .. • .. , . • - 8-7 Words underlined are additions; words stfusik-through are deletions. Saba!Bay MPUD Amendment—PUDA-PL2011-047—03/13/12 required subsequent SDP or final plat submissions. All such accesses shall be 3" : .• ' :.•. . .. of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points - • - ----- --- - County, shall not be eligible for impact fee credits. Site related improvement&shall be in place by phase, and available for access, prior to the issuance of the first CO for-that-phase, .. • . . - 1 and section Chapter 6.02 and Section 10.02.07 of the LDC, as it may be amended. a right of way permit. G. All proposed median opening locations shall be in accordance with the Collier or close any median opening existing at the time of approval of this PUD which is • .. . . . . .. . .-, .. . - . --• -1. :5 - • - H. Nothing in any development order shall vest a right of access in excess of a right ingress, a point of egress or a median opening, nor the lack thereof, 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 any such facilities. J. If any required turn lane improvement requires the use of existing County rights . . . --- , . .•. . -_ -: . . , •. .• . . . . . . , - -- . . .. - . . . .. , . . _ . , . . -- . "3' - 8-8 Words underlined are additions; words struck-4hraug#are deletions. Saba! Bay MPUD Amendment—PUDA-PL2011-047—03/13/12 berne-hy-the-cleveleper, A. .1:7. The development shall abide by Section 6.02.00 02 of the LDC in regards to Transportation Demand Management (TDM) strategies required for a project that is-leeated within-and affects a Transportation Concurrency Exemption Area(TCEA). B. The Owners, their successors or assigns, agree that the southwest connection to US-41 across from St. Andrews Boulevard will be at the sole discretion of FDOT and shall align with the existing St. Andrews Boulevard. Upon connection to this signalized intersection, the Owners, their successors, or assigns shall assume sole financial responsibility for intersection improvements relating to the use of this intersection by this development. This shall include, but not be limited to,the following: i. Any increase in the storage capacity of the northwest-bound left turn lane(s) approaching the signal constructed at the time of connection. ii. Design,purchase, and installation of any physical intersection improvements including a mast arm, signal head(s), pedestrian signal heads, and any signal controller(s) that are necessary to accommodate this developments connection to the signal. iii. County or FDOT's cost(s) for setup and modification of intersection controls including a mast arm, signal head(s), pedestrian signal heads, and any related signal timing changes that are necessary to accommodate each phase of this development. The Owners, their successors, or assigns agree to reimburse the FDOT or the agency maintaining the traffic signal within 90 days of the agency's request. iv. Correction of any non-ADA compliant features within the Public Right-of-Way at all four quadrants of this intersection to become compliant with the then-current Americans with Disabilities Act requirements." C. The Owners, their successors or assigns, agree that at the St.Andrews Boulevard access,they will maintain a throat distance of at least 200 feet as measured from the edge of pavement of U.S. 41 to the closest point of any gate or gatehouse. D. The Owners, their successors or assigns, agree that the project's main residential access on U.S. 41 may be a signalized intersection if approved by FDOT. The Owners, their successors or assigns shall assume sole financial responsibility for intersection improvements relating to the use of this intersection by this development. This shall include, but not be limited to, the following: i. Design, purchase, and installation of intersection improvements including mast arm(s), signal head(s), pedestrian signal heads, and any signal controller(s) that are necessary to accommodate this development's connection to the signal. ii. Any additional signal timing adjustments directly related to this development's traffic shall also remain the financial responsibility of this development, in perpetuity. iii. Design, purchase, and installation of ADA compliant items within the public right-of- way. 8-9 Words underlined are additions; words struck ough are deletions. Sabal Bay MPUD Amendment—PUDA-P12011-047—03/13/12 8.9 ADDITIONAL COMMITMENTS A. Prior to the issuance of the 400th certificate of occupancy for a single family home, Tthe developer Owners, their successors or assigns shall provide a minimum of one playground, for use by residents and their guests, meeting ASTM design guidelines. B. The developer Owners, their successors or assigns shall install a pathway along the lake where the lake fronts Thomasson Drive and shall provide a minimum of three benches for public use for this portion of lake-frontage at the time development occurs adjacent to the lake. 1 • • 'A • • —•• • . - . . 9 '1" .. B. The developer or its successors or assigns shall pay the sum of fifty cents($0.50) • . . 2 .1 . . future, 8-10 Words underlined are additions; words struck-through are deletions. Sabal Bay MPUD Amendment–PUDA-P€2011-047–03/13/12 PLANS FOR SABAL BAY MPUD SECTION 25,AND PORTIONS OF SECTIONS 23,24,26,AND 36, TOWNSHIP 50 SOUTH,RANG 25 EAST, AND A PORTION OF SECTION 19, TOWNSHIP 50 SOUTH,RANGE 26 EAST, COWER COUNTY,FLORIDA A PROJECT OWNED BY CDC LAND INVESTMENTS, INC. AND INDEX TO SHEETS DESORPTION COLLIER LAND DEVELOPMENT, INC. , m'°`SW II MN 2550 OOODLETTE ROAD W,..,�„,,,, NAPLES,FL 34103 • 1:3,035 211.71136 PHONE rail „" I - C -r ets it 4,./u man,mower.rgo ilorm v me mats sas aavr. \ \ ' Q • • � • ®e/+n omega n.omega 4*QC. i a w/ a'naewow av LOCATION MAP SITE MAP STATUS.REVISIONS rel.popera 'PROJECT 1.14.401 ! wa NAT 20. Z0 II Pr.aal,.,101/N EA 1ISH WilsonMiller • •Aramy>ia.c.r., ^ -a.. 215810027 ..561 02 w> rax,he WOW......+.•...,..., -,...NNW•..>_+..law..�......a MAY I Wo-►cna-as Exhibit A Pigs, of "SC ,yqr I ;""'‘IN.'r-s.rsew .w'�c :--.11 I �r_i_-__ mow., N /p \�'"'": ' 7'711/E'..''' g �Gle =S�- .\: . iI 111r: ;/ r_ ` �I �. * II. 3.1"r: .:-'4 --. 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' ;Y"I._'m� __�.... —.,�.�... .eur 'a'�+r•'r+rte f,.EM.MSC. a.TTTT�i-��--- 5*61L SAY YWD Y 110 WS�ER PINI mem aw EsbibitA Page.,-of MOS. - ` rroo m -=ter.,., , ft �[ \`` :-.1,,,1r --,-A If, . /1,f1. ��!//,, J I1 ` -�'` NOTES �J \`/ .• ,vas.M.u<z u«Iwx s,wc,cns WARMS.ww bs..vs iwuena sww...e ePPww.lw,"Tsus:cr wuarw,wl acne a o w..a wwcesz AM=ro...WOO www ME SOP OR Mt 1 1,... ,....//0 J� ° 4 v ss. „n K,rcx wan,w, J� ' UM..11V-RAP.Mm•V Mall .0.11Cau at M Mt PPwCPS P.M Mt CM l ;I' 7 P�wG M 00 M n°[55 J'JJ , i J' ' J J �:R' .7 ' LEGEND triram Web.sookluA,ea. 5//' 1 F J �J J.'' �/ HATCH LEGEND I - �/�/�1 f% . 1--- _ _ ��{O1R. —cac ww mfsnLr�Ts wc.u�o w6 �g giant= : IAND OEVFIOPYENf.pi, Vie' CONCEPTUAL WATER .� .. WANAGOIENT RAN =Now— _.._. -...F5..__._- SABAL BAY Iw:o .L. o.m<w 1'—'.'.''31y Oo:; uw ESA Pfige ofd romp . n..n IrrI n=, 1 0•�.•i m.'"` i ":` "` L = ,..�, TYPICAL LAKE SECTION I I � - 1 {.F' I' n '•" a. SECTION A—A `s.rm..a.: 111. .". •.., - - �.^"' nn.l—.. it ..` r .. • • ..s• .' n:.l intzna i n :r .. .r r I �" TYPICAL RESIDENTIAL STREET SECTION m'••'°•" ••• SECTION B-@ I' . `a7 �' ' ""•- • lawn cr. .act low lit fes` = OS::SECTIONa.= . � ` G SECTION D—Q MO MN =: • v R� r_ - r m-s..^� sm.bow em•2•ECIICIN—LA -.nom= NO �`SECTION F-F e., gen.f..1 ...re Lux ml. I.A L. __—_ s�._...r_ - _..__ _~�_ _ eCOOJER DEY PENT•INC. i_A� CROSS SECTIONS _ F......n_ �...m �._._-.._.�._� SAM BAY SPUD ,=,' m m-••• = a.a'_i.mn"•41V."..m. Exhibit A Page . of J, ALL OF SECTION 25 AND PART OF SECTIONS 23, 24, 26 AND 36, TOWNSHIP 50 SOUTH, RANGE 25 EAST,AND PART OF SECTION 19 TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (Containing 2,416,49 Acres±) Sabal Bay P,U.D. Boundary All of Section 25 and part of Sections 23,24, 26 and 36,Township 50 South, Range 25 East,and part of Section 19 Township 50 South, Range 26 East, Collier County,Florida and being more particularly described as follows; Beginning at the Northeast Corner of Section 25,Township 50 South,Range 25 East,Collier County, Florida; Thence along the East Line of Said Section 25 South 00°22'18"West 2,687.69 feet; Thence continue along the east line of said Section 25 South 00°20'37"West 2,685.56 feet to the Southeast Corner of said Section 25; Thence along the East line of Section 36 South 00°19'56"West 1,518.00 feet; Thence North 87°28'51"West 5,326.38 feet; Thence North 00°14'25"East 1,254.17 feet to the North West Corner of Said Section 36; Thence along the south line of Section 26 South 89°32'22"West 2,696.15 feet; Thence continue along the South line of Said Section South 89°29'09"West 2,696.69 feet to the Southwest corner of said Section 26; Thence along the West line of said Section 26 North 00°22'46"East 2,689.10 feet; Thence continue along the West line of said Section 26 North 00°22'20"East 2,690.20 feet to the Northwest Corner of Said Section 26; Thence along the West Line of Section 23 North 00°06'08"West 1345.66 feet; Thence continue along the West line of Said Section 23 North 00°07'16"West 693.72 feet; Thence North 89°29'07"East 469.67 feet; Thence North 00°04'49"West 453,06 feet; Thence North 89°30'33"East 916.44 feet; Thence North 00°31'29"West 567.34 feet; Thence North B9°27'53"East 300.00 feet; Thence South 00°32'07" East 60.00 feet; Thence North 89°28'59" East 980.33 feet to the West line of the plat of Naples Groves and Truck Co's Little Farms No 2(Lots 67-69), as recorded in Plat Book 1, Page 27, Public Records of Collier County, Florida. Thence along said West line South 00°46'37"East 308.52 feet; Thence continue along said West line South 00°40'46"East 673.87 feet to the Northwest Corner of Lot 70,of said Naples Groves and Truck Co's Little Farms No 2; Thence along the North line of Said Lot 70 North 89°27'07"East 1,322.10 feet to the North East Corner of Said Lot 70; Thence along the East line of Said Lot 70 and Lot 71 of said Plat South 00°43'14"East 674.00 feet to the Southeast corner of Said Lot 71; Thence along the South line of Said Lot 71 South 89°28'25"West 1,322.26 feet to the Southwest corner of said Lot 71; Thence along the West line of Said Plat South 00°42'15"East 1,347.80 feet; Thence continue along said West line South 00°20'27"West 1,344.53 feet to the Southwest corner of Lot 79 of said plat; Exhibit B Page J of_IL Thence along the South line of Said Lot 79 North 89°31'43"East 1,346.87 feet to the fractional corner of said Section 26 being the Northwest corner of the Northwest Quarter of the Southeast Quarter of the Northeast Quarter of Said Section 26; Thence along said fractional line South 0001929"West 671.99 feet to the Southwest corner of said fractional quarter; Thence along the south line of said fractional Quarter North 89°31'42"East 673.39 feet to the Northwest corner of Lot 81 of Said Naples Grove and Truck Co's Little Farms No. 2; Thence along the west line of said Lot 81 South 00°12'23"West 672.16 feet to the Southwest corner of said Lot 81; Thence along the south line of said Lot North 89°31'43"East 672.16 feet to the East line of Said Lot and the East line of said Section 26; Thence along the East line of said Section 26 North 00°1929"East 2,688.11 feet to the Northeast corner of said Section 26; Thence along the East line of said Section 23 North 00°42'49"West 1,351.04 feet to the southeast corner of Lot 91 of said Naples Groves and Truck Co's Little Farms No 2. Thence along the South line of said Lot 91 South 89°27'26"West 1,320.61 feet; Thence along the west line of Said Lot 91 North 00°47'37"West 337.27 feet; Thence along the North line of said Lot 91 North 89°30'57"East 1,320.45 feet to the east line of said Section 23; Thence along the East line of Said Section North 00°44'44"West 1,011.86 feet; Thence Continue along said East line North 00°34'32"West 752.45 feet to the Southwest corner of that land described in Official Record Book 1027, page 678, Public Records of Collier County, Florida; Thence along the South line of said Land North 89°31'59"East 1,289.77 feet; Thence along the East line of said Land North 00°42'37"West 1,890.79 feet to the south Right of Way Line of Thomasson Drive (100 Right Of Way); Thence along said Right of Way Line North 89°35'12"East 1399.52 feet; Thence continue along said Right of Way line North 89°35'12"East 2855.89 feet to an intersection with the westerly Right of Way line of US 41 (Tamiami Trail)(State Road No. 90); Thence along said Right of Way of US41 of South 39°03'59"East 1266.82 feet; Thence continue along said Right of Way South 39°03'59"East 5,465.08 feet to a point at the intersection of said westerly Right of Way and the South line of Section 19,Township 50 South, Range 26 East, Collier County, Florida; Thence along the South line of said Section 19 South 88°13'29"West 1,636.98 feet; Thence continue along said South line South 88°23'16"West 2,491.52 feet to the POINT OF BEGINNING. Less and excepting there from the waters of Tide Creek located on the west line of Section 23. Subject to easements and restrictions of record. Containing 2,416.49 acres more or less. Bearings are based on the North Line of Section 19 being North 89°42'24"East -Florida State Plane- East Zone 83-90 Adjustment Not valid unless embossed with the Professionals Seal REF. W.O.: N0229-200-502 Date: 11-11-11 Exhibit B Page 2 or . j 11-11-11-202691-Ver:1-GLAND N0229-200-502--0 Exhibit"C" List of Deviations (PREVIOUSLY APPROVED DEVIATIONS 1 —8 IN ACCORDANCE WITH ORDINANCE 05-59 TO STILL REMAIN IN EFFECT) Deviation 1: LDC Section 6.06.01(0) and LDC Appendix B, in order to allow 50 feet of right-of-way for local roads rather than the required 60-foot width (throughout). Deviation 2: LDC Section 6.06.01(J), to allow cul-de sacs in excess of 1,000 feet the MPUD (throughout). Deviation 3: In accord with LDC Section 10.02.04.A.3, Section 2-12 of the Collier County Code of Ordinances, Exhibit "A", Design Requirements for Subdivisions C.17.j of the Administrative Code for Collier County Construction Standards Manual, formerly LDC Section 3.2.8.4.16.10 (Section III P. 10 of the proposed Construction Standards Manual) to allow reverse curves without tangents (throughout). Deviation 4: LDC Section 5.03.02B to allow perimeter fences or walls to be permitted at 8 feet on top of a 4 foot berm, formerly approved as a height of eight feet (8') as measured from the finished grade of the ground at the base of the fence or wall, and modified at staffs request. Deviation 5: LDC Section 5.06.02.B.6., formerly Section 5.06.04 A. 6. (b.) to allow a maximum of two ground or wall entrance signs shall be allowed at the entrance to each individual residential tract and shall be limited in size to 60 square feet each (rather than the combined size permitted in the LDC of 64 square feet) and shall not exceed a height of 6 feet as measured from finished grade. Deviation 6: LDC Sections 5.06.02 and 5.06.04, formerly Chapter 5.06.05 to allow entrance signs up to 120 square feet. Two ground signs shall be permitted for each project entrance (on US 41, Thomasson Drive and Bayshore Drive), and shall be allowed in addition to other signage allowed by Chapter 5.06.00, of the LDC. Each of these permitted signs shall be limited to 120 square feet in area and shall only contain the name of the project or any major use, insignia or motto of the entire development, and the developer's owners' name and logo and shall be architecturally compatible with the landscape buffer along the project boundaries and the common architectural theme of the entire project. Deviation 7: LDC Section 4.05.04, to allow parking for uses and structures constructed in the RecreationNillage Center to be reduced by up to 25% of the applicable LDC parking requirements, should such a reduction be deemed to be warranted through the development and submission of a shared parking analysis submitted with the SDP application. Parking requirements shall be determined utilizing the modal splits and parking demands for various uses recognized by Institute of Traffic Engineers (ITE), Urban Land Institute (ULI) or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing 1 List of Deviations— 1/19/12 Words underlined are additions; words ctruck through are deletions. the required parking area will vary depending on the multiple functions or uses in close proximity which are unlikely to require the same spaces at the same time. The shared parking analysis methodology shall be determined and agreed upon by the County Transportation Growth Management Staff and the developer owners during the SDP pre-application meeting. The shared parking analysis shall use the maximum square footage of uses proposed by the SDP application. Deviation 8: LDC 5.05.08.C.13.b., formerly Section 5.05.iii.(a) to allow gray primary and/or secondary colors to be permitted as a predominant exterior roof color. See Section 5.4.J. of the MPUD document. NEW DEVIATIONS: Deviation 9 seeks relief from LDC Section 6.06.01(0) and LDC Appendix Bin order to allow, in specific cases where private, internal development roadways cross wetland or upland preserves, the Owners request additional flexibility to reduce the required ROW width below the current 50-foot minimum to a width of no less than 40 feet. This deviation would allow the Owners to minimize impacts to potential wetland or upland preserves while maintaining accessibility throughout the site. Deviation 10 seeks relief from LDC Section 6.06.02.A which requires arterial and collector roads to provide a six-foot sidewalk on both sides of the street. The applicant requests the ability for all privately and/or CDD owned roadways internal to the Sabal Bay development to provide a minimum five-foot sidewalks on both sides of all streets or a minimum ten-foot wide pathway on one side of the street which may meander in and out of the right-of-way. Since the development is planned for an internal pathway system, this is a reasonable deviation. Deviation 11 seeks relief from LDC Section 4.06.02 which requires a Type B buffer between single family and multi-family uses. Specifically, the applicant requests that no buffer be required between these uses when a water body separates the two uses. Requiring the installation of a buffer in these areas would inhibit the lake views for both single family and multi-family residences. Deviation 12 seeks relief from LDC Section 4.06.05.J which requires that rip-rap treatment for those areas that have a slope no steeper than 2:1, but steeper than 3:1, be limited to 30 inches in height, and be limited to 200 square feet sections or solely used in rapid flow water management areas. Specifically, this deviation requests to allow rip-rap treatment along the backslope of certain roadway crossings adjoining preserves on one side or more in order to minimize impacts to potential wetland and upland preserves, as well as allow the use of rip-rap stabilization for elevations up to a height of 36 inches. Approval of this deviation will allow the owners to minimize impacts to potential wetland and upland preserve areas by minimizing the development footprint, subsequently reducing the total amount of wetland impacts required to develop the subject Project. Since the suggested roadways will be low-speed, low-volume and limited in length, this is a reasonable deviation. Deviation 13 seeks relief from LDC Section 5.05.04.D.1 which allows a maximum floor area ratio of 0.45 for care units, assisted living units, continuing care retirement 2 List of Deviations — 1/19/12 Words underlined are additions; words Hugh are deletions. communities, nursing homes, and dwelling that are part of an aging-in-place living environment. Market studies on the desires of people moving into these types of facilities have shown that a larger unit is often desired. In order to offer a competitive product that is marketable to an aging sector, the applicant requests a maximum floor area ration of 0.60 which is similar to other approved continuing care retirement communities in this area. Deviation 14 seeks relief from LDC Sections 5.06.02 and 5.06.04 to allow entrance signs up to 120 square feet. This previously approved deviation is requested to add the entrance signs to be located on Hamilton Avenue as previously approved for the entrances on U.S. 41, Thomasson Drive, and Bayshore Drive. Deviation 15 seeks relief from LDC Section 5.03.02 to allow fences or walls separating commercial uses from residential areas to be permitted at a height of up to eight feet (8') on top of a berm of up to four feet (4') in height. This is needed since much of the land within the MPUD is low-lying and given that appropriate buffering is needed between different land uses. This deviation will benefit the public welfare by allowing for enhanced buffering. 3 List of Deviations — 1/19/12 Words underlined are additions; words strut h are deletions. 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 2012-12 Which was adopted by the Board of County Commissioners on the 13th day of March, 2012, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of March, 2012 . DWIGHT E. BROCK . t. ' Clerk of Courts anc1le0k , Ex-officio toBda' f _ County Commis osrs•" y_ cyte,aka .... %..A=.C.T.11 .,,';.: ,;4,,'-..J' By: Ann Jennejohn, Deputy Clerk ' 1,162728293° 44 4 Nov ORDINANCE NO.05- 59 N RECEIVED w v AN ORDINANCE OF THE BOARD OF COUNT: :?; a. ¢�� COMMISSIONERS AMENDING ORDINANCE NUMBER • 4��Siy�g1Z�� 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE - ;r COMPREHENSIVE ZONING REGULATIONS FOR TI-Ib 7:3 7, UNINCORPORATED AREA OF COLLIER COUNTY; ;� FLORIDA, BY AMENDING THE APPROPRIATE ZONII' -677 ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT, AND AGRICULTURAL (A) ZONING DISTRICT A PORTION OF WHICH HAS AN AGRICULTURAL SPECIAL TREATMENT OVERLAY, TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT, FOR A PROJECT TO BE KNOWN AS THE SABAL BAY MPUD. THE PROPOSED PROJECT WILL INCLUDE A RESIDENTIAL COMPONENT CONSISTING OF A MAXIMUM OF 1,999 VARIED HOUSING TYPE UNITS AND GOLF COURSE, COMMERCIAL USES, RECREATION/VILLAGE CENTER USES, AND PUBLIC FACILITY USES, PRESERVE AREAS AND RIGHTS-OF-WAY. THE SUBJECT PROPERTY IS LOCATED SOUTH OF THOMAS SON DRIVE, SOUTH AND WEST OF U.S. 41, NORTH AND WEST OF THE WENTWORTH PUD, AND EAST OF THE NAPLES BAY INTERCOASTAL WATERWAY, IN SECTIONS 23,24,25,26 AND 36, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AND SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2,416.08± ACRES;THIS ORDINANCE ALSO IS PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 86-77, THE CDC PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Mulhere of RWA, Inc., and Richard D. Yovanovich, of Goodlette, Coleman and Johnson,P.A.,representing WCI Communities, Inc. and CDC Land Investments, Inc., in Petition Number PUDZ-A-2004-AR-6126, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT 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 Sections 23,24, 25,26 and 36,Township 50 South, Range 25 East,and Section 19, Township 50 South,Range 26 East,Collier County, Florida,is changed from the Planned Unit Development(PUD)Zoning District and Agricultural, (A) Zoning District, a portion of which has an agricultural special treatment overlay, to a Mixed Use Planned Unit Development (MPUD) Zoning District in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate Zoning Atlas Map or Maps, as Page I of 2 described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code,is/are hereby amended accordingly. SECTION TWO: Ordinance Number 86-77,known as the CDC PUD,adopted on November 10, 1986,by the Board of County Commissioners of Collier County,is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by supermajority vote of the Board of County Commissioners of Collier County,Florida,this 1,9 day of /Vey ef1r6'/,2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK , COLLIER COUNTY,FLORIDA +, ? bV -riptoe-. BY: W. FRED W.COYLE,CHAIR Attest le :Quitman's ,.$ignalturt:ii1 j.- Apprpyed as to Form and Legal Sufficiency I ._.•1 1. Si-4....—e' , _ _ l •- 4 Marjo _e M.Student-Stirling Assistant County Attorney PUDZ-A-2004-AR-6126,Sabal Bay PUD/KD/sp • This ordinance filed with the e3c�•etory of State's Office the day ofklhlfd1 l vra . and acknowledgem n f that fill • received thihday N oa G si_�mill• .4 lark Page 2 of 2 SIGN POSTING INSTRUCTIONS (CHAPTER 8,COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code,Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples,or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED ROBERT J. MULHERE, FAICP 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 PDI-PL20170000247 950 ENCORE WAY SIGNATURE OF APPLICANT OR AGENT STREET OR P.O.BOX ROBERT J. MULHERE, FAICP NAPLES, FL 34110 NAME(TYPED OR PRINTED) CITY, STATE ZIP # HOLE MONTES, INC. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this 22 day of September 2017 by ROBERT J. 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W N-n W N4O W �'q qNmN�N +w•'5C 1'1-I nO �.m ;Z� NUN.P�NNOJgggi.p,ONw a V W UNmi m+W W UNt,U Ob W OSg UT, V V UU GG w l++N V 4 O O t N# Et1, ;WO+mU V •W U NmOwO N-+V-N +NmIN-U1D OL b L� -mob N+V Nbmu AOUi WOW ,,,,,:O V bUi'V N2tl�O W p W oT9 N O �i =gm 1CV� f]U y V1 U, N 41 AZm i" 2�2UVIiWZWPN2Uro Nu(�1�0U �N1U22 UNJ�Ny=WNZZO O v1 gN c4 � k• UIPA`"� v�NP I 4$v+•+a�iw�aa�a�e Q .Ago TI t3 >> t ar.:Tat aw,1,�8s slt.1 a4,.1 qumsAaNpNs�ax NNeb i r (-1 8MY 1.0 a tti48 W V�UNON2+bJ.b O+U 9,9N1bq U0�NNQON T� ' A FF FR i!r('�r1w,4 m,,l�r. ri��2•, t�{ . ,- Air?; �Y�ri(�z 0 ND N2V�M ;;;Npi��mPPaiN,wwoHNtieH yaoN+moo m v 'a2 RI 2 wr;8 ra i-b`"N�$+ww:2e.0i3itg�r.+ui:±2:9i mous - s AGENDA ITEM 3-G sAcy MEMORANDUM TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: OCTOBER 12,2017 SUBJECT: 180 CHANNEL DRIVE; BDE-PL20170001321 PROPERTY OWNER/APPLICANT: AGENT: Darren and Jill Martens Holly Lindsly and Bill Nelson 180 Channel Drive Greg Orick II Marine Construction Naples, FL 34108 27171 Driftwood Drive Bonita Springs, FL 34135 REQUESTED ACTION: Darren and Jill Martens are requesting approval of a boathouse pursuant to Section 5.03.06.F of the Collier County Land Development Code (LDC) on a parcel zoned Residential Single-Family (RSF- 3). GEOGRAPHIC LOCATION: The subject site is located at 180 Channel Drive. The site is further described as Lot 22, Block C of Conner's Vanderbilt Beach Estates Unit 1 in Section 29, Township 48 South, Range 25 East, Collier County, Florida(see location map on the following page). PURPOSE/DESCRIPTION OF PROJECT: The purpose of the request is to allow the construction of a boat house that would accommodate a 28-foot long vessel on a 20,000-lbs. boatlift. A building permit(PRBD2017010176001)has been issued to remove the existing boat house it its entirety. BD-PL20170001321 180 Channel Drive Page 1 of 7 September 22,2017 o`_ r- : o tV ie, �N O N O N N 4 znIS O AAI titi 61 >N OO r N J A 2® 1 O ham 0 0 O> � m N 0 �0 CDc �Q ® ' O ' N © O • N 0 y ® 0 Q O m A WI °' N o O O N 0 Q O ® 0 N O Cl) 0 7 R ®,_, ® 0 0 0 0 0 ^ ti 0 . _ �� =>0 .m0 0 - R 0 ® 1C -11 (1) ID E Z c as maiapuen o w 1- z > w a > }' LU a W Or. c to w p O v '41" a m a a m CdO c m Q 11 4. S 0 111 UJ � `� cu Q Q Q C y W 1- = C Q 8) N d c C o O L w ♦J w ° Q C6 L O 0 m J ulf Sh°re C/17G t 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: Right-of-way for Channel Drive, farther north is a single-family home, zoned RSF-3 South: Finger canal off Vanderbilt Lagoon 1 East: Single-family home, zoned RSF-3 West: Single-family home,zoned RSF-3 ' Subject Property _3 ,,f 0t:. so \ 16 `, y V4 BH-PL20170001321 , .. - - ii. 01 illelt IV t 'VII I.a IPM ;,, . 4 t..''s,'"VA. 1, . irrillirgir.......... ...simmi. fik 41111141 tit eji,,, , ,. . jot. . .:. . y 4 ..S/ t'' 1. r1 SD w , el" Aerial(County GIS) BD-PL20170001321 180 Channel Drive Page 3 of 7 September 22,2017 6' t^r Augr -9 511111 Subject Property sr _ .► _ .._.._ __ . ' � - 017000132l ..• y - 1 4'li. ti " w Ur. 'lit kr Ntet _ � f -tir''' t, - llsollt. Oat . . 116 1111.\-4 ..111t ‘ . •. - s 1 II 110. V0.1' ; 41.1.. ''`"" sit �, -t *r�e�.....,kir __.sem-iik 1{ Vilir r\ row trin5--. Pir , � `, � J 1 '� p ', s )r r f - - - • 1 .- - ,A 6946Google Earth Viewing north (undated, Google Earth) ENVIRONMENTAL EVALUATION: Environmental staff reviewed the request to replace a roof (boat house) over a boat dock. Staff reviewed the aerial and confirmed that no seagrass beds exists within 200 feet of the proposed facility. ANALYSIS: All boathouses must meet the standards of LDC Section 5.03.06.F., which states that "Boathouses, including any roofed structure built on a dock, shall be reviewed by the Planning Commission according to the following criteria, all of which must be met in order for the Planning Commission to approve the request": 1. Minimum side setback requirement: Fifteen feet. Standard met. The drawing in the applicant's support material labeled Proposed Site Plan shows that the dock and boathouse would be located at least 15 feet from both riparian property lines, which complies with the minimum required by the LDC. BD-PL20170001321 180 Channel Drive Page 4 of 7 September 22, 2017 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. Standard met. The drawing in the applicant's support material labeled Survey indicates the waterway is 100 feet wide, which means the dock facility cannot protrude more than 20 feet from the seawall. The handwritten note on the drawing in the applicant's support material labeled Proposed Site Plan indicates the pilings and dock will not extend farther than 20 feet from the seawall. In addition, the note also indicates that roof overhangs will comply with LDC Section 5.03.06.F.2. 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. Standard met. The drawing in the applicant's support material labeled Boathouse shows the boathouse would be 15 feet in height, measured from the top of the existing seawall to the highest roof elevation. 4. Maximum number of boathouses or covered structures per site: One. Standard met. One(1)boathouse is proposed. 5. All boathouses and covered structures shall be completely open on all 4 sides. Standard met. The drawing in the applicant's support material labeled Boathouse does not show any side walls. A note on this drawing indicates, "OPEN ALL 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. Standard met. A note on the drawing in the applicant's support material labeled Boat House indicates "STANDING SEAM METAL ROOF." Staff understands this will match the roof of the principal structure(see Attachment A—Support Material Provided by Staff). 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. Standard met. The boathouse is located nearly equidistant from both side property lines and will be compliant with the minimum required setbacks so as to minimize the impact on the view of the adjacent neighbors to the greatest extent practical. BD-PL20170001321 180 Channel Drive Page 5 of 7 September 22,2017 APPEAL OF BOATHOUSE ESTABLISHMENT TO BOARD OF COUNTY COMMISSIONERS: As to any boathouse establishment petition upon which the HEX takes action, an aggrieved petitioner, or adversely affected property owner, may appeal such final action to the Board of County Commissioners. Such appeal shall be filed with the Growth Management Department Administrator within 30 days of the Decision by the HEX. In the event that the petition has been approved by the HEX, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on September 18,2017. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner approve Petition BH- PL20170001321. Attachments: A) Support Material Provided by Staff B) Application& Support Material BD-PL20170001321 180 Channel Drive Page 6 of 7 September 22,2017 PREPARED BY: /2 , 6,..2) 9/-0 ERIC L. JOHNSON,A P',CFM PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: /31, _______ , 10117 RAY D . BELLOWS,ZONING MANAGER DE ZON DIVISION -��k-2 ),7 --� 4- 1 k" (? MICHAEL BOSI,AICP, DIRECTOR DATE ZONING DIVISION BD-PL20170001321 180 Channel Drive Page 7 of 7 Sapirs ailNrius NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida;distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 1743999 BDE-PL20170001321 Pub Dates September 8,2017 / thdL 6'a (Sign ture of affiant) PAM E YANG 3• Noma Sworn to and subscribed before me , •• ,n� • "�" nRtic em1 This September 13,2017 1 ''' � My Gym,eipu.um.iar, (Signature of affiant) i f Meptrnas)Maw rraay.September a.zotr nA NOTICE OF PUBLIC HEARING i NOTICE OF PUBLIC HEARING Notice is hereby given that apablse ixaring will be held by the C'mRlar teeny Hearing Notice is hereby giseu that a nobl:hearing nob be held by the I.ether l Dante Hearing Exraeam(HEX)et 9:00 A.M.,on Septnaber IS,2017,in the Hearing Examiners Le reams IHEX)et RIO A.M..ea Thereeny.September 2s,2017.in the Hearing Meeting Room.at 201111 North Horseshoe Drnvr Room 60916111.Napes.Fl.34104. Examiners Meeting Room.at 23101 North Horseshoe Drive,Room 6419/610 Naples in consider El.34104.io consider PETITION NO.PDI-PL20170000247-COLLIER LAND DEVELOPMENT. PfiTfT10N NO BOE-PL211171x011321 - DARREN AND JILL MARTENS INC REQUESTS AN INSUBSTANTIAL CHANGE TO THE SABAL BAY REQUEST APPROVAL OF A BOATHOUSE PURSUANT TO SECTION MIXED 11SF.PLANNED UNIT DO DEVELOPMENT DEVIATION(MN/Di ORDINANCE 5.0306.E OF THE COLLIER COUNTY LAND DEVELOPMENT CODE NO.04•59.AS AMENDEDBJTPR ADD ONE NEW RELATING TO FOR THE BENEFIT OF LOT 22 BLOCK C.OF CONNER'S VANDERBILT SIGNAGE THE TRAIL EAST1'PAPPROXIMATELY IS LOCATED ON THE SOUTH SIDE BEACH ESTATES UNIT I.ALSO DESCRIBED AS 13UCHANNP.I.DRIVE.IN OF TAMIAMI .APPROECTIONIY ONE QUARTER 0MILE TH, SECTION 29.TOWNSHIP 4X SOL 1'H.RAN()F.23 EAST.COLLIER COL NIY, EAST OF EAST SON DRIVE.IN SECTION 19,TOWNSHIP 10 SOUTH, FLORIDA RANGE 26 EAST.COLLIER COUNTY.FLORIDA.CONSISTING de±4.34 ACRES ! 1 Darts BLV I a civ eryy,a„oa Rattesrlake Hammock RD o ,,\ 1 '-rti 'ea. e. �"'r' All interested pathos ate thenad Io appear and be heard All materials mini 0n - ( T presentation before the Hearing Examiner wall become a permanent All interested parties an,ensued in appear and be beard All material,used to record part°f the record belie the Hearing Examiner will become a permanent part of the record Copies e1 sten report arc available one week prior to the hearing Ills 10e scan Coptea of staff report arc aeeelabk one week pray for the hearing ilio file can be be reviewed at the Collier Counts Growth Management Department.toning reviewed at the Collies County Growth Management Department.Loans Division, Division inning Services Section.2800 North Horseshoe Drive.Naples FL Zoning Services Section.2300 North Horseshoe Drive.Napes.Ft The Hearing Examiner's decision becomes haul on the dais rendered If a person Ike Hearteg Examiner's decision baumrs lung on the dale rendered If a person deciles to appeal any decuee,n nark by the C°Rler Count'HevhR E."1 81**wain decides to appeal any decision made by the Collin Canary Hearing Statdan with renpn9 to any matter considered at such meeting or hearinghe will need a record respect to any matter considered at such meeting or heanne,he will need a record of n1 That proceeding,and for etch purpose he rias teed m ensure that a verbatim that prnsredmgand for etch purrvne hr mat need Io enscwe that a serhatrm record record of the proceeding,is made,which record includes tier known,and of the proceedings is trade:which recited utile es the ls.unwny and mittence'upset evidence upon which the appeal to to be based which the appeal as to br based If you are a person with a disability who needs any accommodation in order to If you are a person with a disability she nide any awornmodauon in order in putimpete in this proceeding.you are entnles).at no coat to you,to the pronsws partteirytc in the proceeding,you err entitled,at no cued to you,to the provnstsrn of certain eminence.Phew eootect the Colder County Facilities Management of edam anistanee Please contact the Collier County Facilities Management Division bested at 3333 Tam eaim Trail East.Suite 11)1,Naples.Florida 3411:- Division located at 3335 Termism Trail East Suite 101.Naples.Florida 341 12-5i56, 1356,123912524360.at least tOn days prim to rise mamma 12391 252413110.at ken motleys prior to the meeting. Mark Strain Mark Strain. Chief Hearing Eaanannt Chief Hearing Examiner Collier County.Florida Collier County,Florida September k,2017 ND-1141•639 September X.2017 ND.'41600 1 IMMOKALEE FIRE CONTROL DISTRICT I NOTICE OF PROPOSED BUDGET SUMMARY 1 FISCAL YEAR 2017-2018 TAX INCREASE The proposed operating budget expenditures of Immokalee Fire The Immokalee Fire Control District has tentatively adopted a Control District are 95 more than last year's total operating measure to increase its property tax levy. I expenditures. General Special Totaled Last year's property tax levy: Eat/mated Revenues: Fund Revenue Fund{ Ad Valorem Mips 3.7500 pw$,03C A.Initially Qfi lally proposed tax levy $3. 7 118 Taxes 3.51'.733 - 35'1,733 B.Less tax reductions due to Value Adjustment _ess tSr .'175,5871 i175,587! Board Arid other assessment changes $ 153.356 Non-Ad Valorem Fees . Actual property tax levy $2.213.762 ems 5% Grams 781,660 781,660 This year's proposed tax levy $3,511733 Other Revenues 201.110 4.302,500 4.503.510 Interest 8.000 - 8.000 All concerned citizens are invited to attend a public hearing on Impact Fees the tax increase to be held on Total Somers $ 4.86,916 $4,304.50 $8,/20.416 Transfers In FundBaMncesbese'uee 3 '.298.446 Monday,September 11,2017 Total Revenues.Tenders,i BANGS, $ 5,925,362 $4,302.50 S 9,927,862 6:00 PM Expenditure At Purser*N Sevens $ 3,512,896 S 3.572.696 Immokalee Fire Control Distract Operating expenses 698,674 696.874 Capital Proocts 00 3,358.000 3.730.000 Station 30 362000 roseEependrtures S 4.633.570 $3,368,000 S 6,001,575 502 E New Market Road Transfers 0,.t Immokalee, FL 34142 eund Salam::es/Reserves '.298.445 4.302.500 5,600,946 Total Appropriated Expenditures, A FINAL DECISION on the proposed tax increase and the Transfer.Reserves i Balances S 5,902,018 $7.670.600 S13,802.518 budget will be made at this hearing. 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As.,- ,,,,, ,,,,, At . .--- „,,,,,- ,- - , , •P ° , , „ et _ 1, iiholL ,p> � ! 3 I '` t. '' 1 _1 C ' ;'. 3, , � 7W ( 3 i 1 ', 141' 1 ' 1 ,.,. I A il', '11 ji 1' 1111 u $11 ,..._ -.aN, .r.fill 5, t . h• PM m+La s'r i . 9 F 1 ( �. YC p€p JohnsonEric ( From: Bill Nelson <bill@orickmarine.com> Sent: Wednesday, August 30, 2017 2:24 PM To: JohnsonEric Subject: RE: 180 Channel Dr, Roof Material Yes, that was in April I think, he took the picture from the barge,we were backfilling the yard after the seawall cap cured. Thanks, Bill Nelson (239) 216—0112 Greg Orick II Marine Construction, Inc. From:JohnsonEric [mailto:EricJohnson@colliergov.net] Sent: Wednesday, August 30, 2017 1:35 PM To: Bill Nelson <bill@orickmarine.com> Subject: FW: 180 Channel Dr, Roof Material Thanks, Bill. Is the house in the attached picture, the house at 180 Channel Drive? Respectfully, Eric L.Johnson, AICP, CFM, LEED Green Associate Principal Planner From: Bill Nelson [nailto:bill@a orickmarine.com] Sent:Wednesday, August 30,2017 11:52 AM To:JohnsonEric<EricJohnsonna colliergov.net> Subject: 180 Channel Dr, Roof Material Hi Eric, Holly asked me to send this to you for the boathouse roof on Channel Dr. We are going to match this existing metal roof that he has on the house, picture attached from when we did the seawall. Thanks, Bill Nelson (239) 216—0112 Greg Orick II Marine Construction, Inc. 1 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 . , k Z i 1 1 I ) I . 1 . I III 14„ I 4 . , t4, ',.1:". ... , i , -I . , 0 , ... :A. 1 .!,...,:xere . , 1 ....t: 4 t .... , 1 ,, . , , , ,, „us .•• ottimiii„ ,,... ... 1 . ti, . • L , , 1 . It ,,, 1 • lir ( If'. ,..... :.--at„R., .. t .. _ . ® HEX TITLE PETITION NO. BDE-PL20170001321 —Darren and Jill Martens request approval of a boathouse pursuant to Section 5.03.06.F of the Collier County Land Development Code for the benefit of Lot 22, Block C, of Conner's Vanderbilt Beach Estates Unit 1, also described as 180 Channel Drive, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. [17-CPS-01680/1346285/1]17 Martens Boathouse/BDE-PL20170001321 6/19/17 `L Goer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION APPLICATION AND SUBMITTAL INSTRUCTIONS LDC Section 5.03.06 Chapter 3 B.of the Administrative Code The following information is intended to guide the applicant through the application and public hearing process for a Dock Facility Extension or Boathouse Establishment Petition. Prior to submitting the Dock Facility Extension or Boathouse Establishment Petition application, the applicant shall attend a pre-application meeting to determine if a dock facility extension or boathouse establishment is available and to discuss the location, length/protrusion, and configuration of the proposed boat dock facility. The pre-application fee is $500.00 and will be credited toward application fee upon submittal. If the application is not submitted within 9 months of the pre-application meeting the pre-app fee will be forfeited and will not be credited toward the application fee. In order for the application to be processed, all accompanying materials (see attached submittal checklist) shall be completed and submitted with the application. The application fee for a Dock Facility Extension or Boathouse Establishment is $1,500.00, plus $925.00 for required legal advertising. After submission of the completed application packet, accompanied with the required fees, the applicant will receive a response notifying that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., BDE- PL20120000000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Pursuant to the LDC and the Administrative Code, several public notice requirements shall be completed within the required time frames. The Planning and Zoning Department will provide, at the cost of the applicant, legal notification to surrounding property owners within 500 feet of the subject property and newspaper advertisement (required 15 days prior to the advertised Hearing Examiner hearing date). The applicant will be notified by email of the hearing date and will receive a copy of the Staff Report. It is recommended, but not required, that the applicant or the agent attend the Hearing Examiner hearing. Please contact the Growth Management Division at 252-2400 for further assistance completing this application. 6/3/2014 Page 1 of 7 $ 9unty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch. 3 B. of the A' -4tive Code THIS PETITION IS FOR(check one): DOCK EXTENSION 11111 BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION Applicant(s): Darren and Jill Martens Address: 180 Channel Drive City: Naples FL 34108 Y State: ZIP: Telephone: 586-854-4955 Cell: Fax: E-Mail Address: Dmartens@tech induction.corn Name of Agent: Holly Lindsly/Bill Nelson Firm: Greg Orick II Marine Construction Address: 27171 Driftwood DR City: Bonita Springs State: Fl ZIP: 34135 Telephone: 239-949-5588 Cell; 239-980-3225/239-216-0112 Fax: 239-301-2238 E-Mail Address: info@orickmarine.com Orickmarine.com PROPERTY LOCATION Section/Township/Range: 29 /48 /25 Property I.D. Number: 27482960000 Subdivision: CONNERS VANDERBILT BCH EST #1 Unit: 1 Lot: 22 Block: C Address/General Location of Subject Property: 180 CHANNEL DR NAPLES, FL 34108 Current Zoning and Land use of Subject Property: SINGLE FAMILY RESIDENTIAL BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 6/3/2014 Page 2 of 7 Colter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N CHANNEL DR/ROW/RSF-3 SINGLE FAMILY RESIDENCE WATERWAY/RSF-S CANAL/SINGLE FAMILY RESIDENCE E RSF-3/WATERWAY/RSF-3 SINGLE FAMILY RESIDENCE/CANAL W GULF SHORE DR/ROW/RSF-3 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): INSTALL A 25 X 40'BOATHOUSE OVER EXISTING PERMITTED DOCK(PRBD20170101760).BOATHOUSE IS TO BE OPEN ON ALL SIDES. SITE INFORMATION 1. Waterway Width: 100 ft. Measurement from ri plat survey I I visual estimate other(specify) 2. Total Property Water Frontage: 80 ft. 3. Setbacks: Provided: L-16,R-15 ft Required: 15 ft. 4. Total Protrusion of Proposed Facility into Water: 20 ft. 5. Number and Length of Vessels to use Facility: 1. 28 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: 187 Bayview Ave-21.39ft,175 Bayview Ave-20.258,156 Channel Dr-20.10ft,139 Bayview Ave-20.13ft,260 Channel Dr-20.25ft 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? 0.22 Acres 8. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes No If yes, please provide copies. 6/3/2014 Page3of7 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel(s) described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) 6/3/2014 Page4of7 Coer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement,shoreline configuration, mangrove growth, or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present,compliance with LDC subsection 5.03.06 I must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) 6/3/2014 Page 5 of 7 r County CoIke COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: Dock Extension 1E1 Boathouse Chapter 3 B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW #OF REQUIRED NOT COPIES REQUIRED Completed Application (download current form from County website) 6 I Signed and Sealed Survey I Chart of Site Waterway I I I 1 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 n f I 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 I 1 [1 Completed Addressing Checklist 1 I I I I Electronic copy of all required documents *Please advise:The Office of the Hearing Examiner requires all materials 1 f I 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: ❑ Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet ❑ Addressing:Annis Moxam 0 Graphics: Mariam Ocheltree ❑ City of Naples:Robin Singer, Planning Director ❑ Historical Review Comprehensive Planning:See Pre-Application ❑ Meeting Sign In Sheet ❑ Immokalee Water/Sewer District: ❑ Conservancy of SWFL:Nichole Ryan ❑ Parks and Recreation:Vicky Ahmad ❑ County Attorney's Office:Heidi Ashton-Cicko ❑ Transportation Pathways:Stacey Revay Emergency Management:Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlock ❑ Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky ❑ Other: ❑ Utilities Engineering: Kris VanLengen 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 Pe'tioner or Agen Date 6/3/2014 Page 7 of 7 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) QL ao('-iOoo 13x1 I, A)Q,v r e ar e '- (print name), as OL.. 3Y X (title, if applicable)of Io au' r,e,l be-. (company, If applicable), swear or affirm under oath, that I am the (choose one)owner ,/applicant contract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2_ All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed py� the approved-_ �alction. 5. We/I authorize t-ADNL (11 r\[.� I to act as our/my representative in any matters regarding thiietition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v.pre& • 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 state 'nitre true. i' ,._.. / --(7---/i 1 .__ I-- _---Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed)and subscribed before me on Sy S?""i'7 (date) by c..rre... ,✓3-(�+ti5 (name of person providing oath or affirmation), as bL,rti -r who iG nnall known tama or who h.; produced (type of identification)as identification. '2 STAMP/SEAL Signature of fotary Publ c s�*.,.e. WILLIAM NELSON '• `^*: Commission# FF 207134 ��'! ..i.. My Commission Expires 4'or 0.02.4* March 05. 2019 *thin.' CP108-COA-001151155 REV 3/24/14 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) rLo . ,•1000 ( 3a\ I, q '_laY-\-Qhs DV— name), as O LO►-1e r (title, if C applicable)of i 9b .rtirQ (company, If applicable), swear or affirm under oath, that I am the(choose one)owner'— pplicantl 'contract purchaser' land that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code, 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approv d ction. 5. Well authorize 4-i S U Li , to act as our/my representative in any matters regarding t4is petition incl ding 1 through 2 above. `Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the `general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true ' - c\/---C) ( \- Ci-- -1\D ,.__.- Signature g/( Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument wasgsworn to (or affirmed) and subscribed before me on S5S - -17 ��i Id �G.Y 72n5 (date) by (name of person providing oath or affirmation), as ©t�J r,.e r who is personally known to me or who prod ced (type of identification)as identification. / j / i STAMP/SEAL ./// �- Signature of Notary Pu:lic - WILLIAM NELSON .404 . Commission p FF 207134 4y1',. rg My Commission Expires 47 co o.61.•:* •'l,,," March 05, 2019 CP108-00A-001151155 REV 3/24/14 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL- -d I'7 j \ 3-\ I, I:0 rYeY\ Y1-e.h (print name), as CLorker (title, if applicable) of 1'SQ ryg_ (company, If applicable), swear or affirm under oath, that I am the(choose one)owneriapplicantl (contract purchaser! land that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code: 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed b3A the app ved action. 5. We/I authorize �, �� - to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • if the applicant is a corporation, then it is usually executed by the corp. pres. or v. 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 itare_true. -� SignatureDate STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed)and subscribed before me on "Day- r� rY arr �c�►-•� S S-P7 (date) by Ot��r (name of person providing oath or affirmation), as who is personally known to mQo , in has produced (type of identification)as identification. !! `STAMP/SEAL ll •, Signature of No Public "n'P HOLLY LINDSLY r°.-"14.`0 Notary Public -State of Florida •: ''' ; Commission # FF 969598 1.= ,F,��'.o.i. My Comm.Expires Jun 29.2020 '°I� iV Bonded through National Notary Assn CP108-COA-001151155 REV 3/24/14 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL -ol'? o� 3 o1 ;L\ --3-'‘-I, A Ray kens (print name), as Ot�ner (title, if applicable)of S qrj 1 o..- r- ( -DV- (company, If applicable), swear or affirm under oath, that I am the (choose one)owner applicant contract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed byihe apprpted action. 5. We/I authorize .1 \1 NieiS or, to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee" • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. 1 OAS\Q-'� T) S� .1 Signature Date STATE OF FLORIDA COUNTY OF COLLIER The forego foregolQ2 instrument was sworn to (or affirmed) and subscribed before me on S q —117 (date) by d 1!t Mar 1- `' (name of person providing oath or affirmation), as Or.cY1e I' who is personally known to mo or who has produced (type of identification) as identification. ` STAMP/SEAL Signature of Nota ublic ,S ,: HOLLY LINDSLY +° `-<-"-.:. � Notary Public•State of Florida '•, •= Commission #FF 969598 Y-:„..Z., °;' My Comm. Expires Jun 29, 2020 4"' Bonded through National Notary Assn CP\09-c0n-001151155 REV 3/24/14 Colder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address.Form must be signed by Addressing personnel prior to pre-application meeting,please allow 3 days forprocessing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE(Indicate type below,complete a separate Addressing Checklist for each Petition type) ❑ L(Blasting Permit) ❑ SDP(Site Development Plan) 0 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) e-o `s V,-n/nEgbItr &i/ EST GN,T1 'IA- FOLIO(Property ID)NUMBER(s)of above(attach to,or associate with,legal description if more than one) STREET ADDRESS or ADDRESSES(as applicable,if already assigned) /rb (i-i nne / D,QivE 1(/4/7/0.5/ FL dy/o8 • 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) PROPOSED PROJECT NAME(if applicable) N/A PROPOSED STREET NAMES(if applicable) //1- SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR or PL# Colder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: Eemail ❑ Fax ❑ Personally picked up Applicant Name: Ai r Leh S / tej rJ// I /i/ari,Phone: 9 M. 5"6-88' Email/Fax: QY/4 jkil//le 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 27482960000 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Date: 4/10/201' Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED sw .4 a. 08 rw a. 4 V c O Z N a n J U _> X Y v 0 J A yO J m N c C Z v O o w Z W z E m 0 11 W '� `L' m o =,"w E _ m i+ J 43 W ' V v •- C Q 2 N N ‘,.° N Z ,U O m N cD {xy �`D 2 '7.-1. V' N L .0�' E aJ N • I'' m a E Q Z j y m N 4 C Q 1.) z 2 NCC ` I xaillyw"ir,y '�, Z• Sf� — O O[11E m mz� , -_ --. u 2 Z 2(7)10 35 9 o o U 0 L c N a 0. m,..4051 .,344'' li, 0. f3 ll N N O O �- ! w _ 1 C t _ E i 4 m m r 8 a { n o t w- _IP* ..,Ni.lidl filt< -i o. '` 1 -Y-t w j o '' a a .,... fiwil I pp -sweDR Y N 0 ri `lir um,o LOT 22. BLOCK "C" CONNER'S VANDERBILT yBEACH ESTAPA.S UNIT NO. 1 ilk (/180 CHARNEL ERNE,NAPLES,FLORIDA) 1L:. k--.. _ 6 . , . 0 g s T kitiR'N tW - .ice au 1, Mme.. -- u 1 $ % ia t i -2e O , amsMOO rmarM,Mt 1Y�� yam, OpA(j IQ 1I .-- 0.IITT""M- \ GREG ORIQC MARINE CONSTRUCTION DARRfN MARTENS oae>MaL .'�_ NERAL DESCRIPTION (1111) ,r,.. im¢ss'Ilusanorimace I.rpm EARS OF BEARINGS: C wow Na.Nom 01,To.p„n g..aawj.;,.:.1.— PROPOSED SITE PLAN MELHATTON '� B —..�Y mass � LAND SURVEYORS. DSC. wan want .ueB Nemskew= r we!6R mWi' ...NE RUMP BaBOA,fLOf�BBBBi \+I 0 MI ti NI (OM MaOMP AM IM1AM6Cf vim • 0 NEW n� - —.writ , 4 to r r -._....._N -. _._.... P. 1 in ' • N a' oet o _y ca z bJ5 as ' o Y Q n' i a tu > > -x N �.., O 0 _ O. L• I 1 td ® d Q 1 I. • 00 le v .8 j N U .0 oVv ' L j• aO c ! • Aoe I Z M I i, cn c3 ct — • z � Q • 4 ( JI ' W U N Z f Y o r Z CO ti; �- M �N com�0 d Z , )5^ a I.0-:74.rf 4i• 2 i ^ X 1-- a) 1 W Z Cr) Wd 1 COli1er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre-Application Meeting Notes Petition Type: 3 1)5 2 Date and Time: 30 Assigned Planner: , Uv Q.-\ U e fit.s ten Engineering Manager(for PPL's and FP's): Project Information� Project Name: k ° �1Juu—ed PL#: 1-- 000V522,0 1t c- Property ID #: Goo 0 Purrent Zoning: IZ S t- 3 Project Address: 110 axioarAnit.2 1001[01 State: FL- Zip: Applicant: Agent Name: Phone: Agent/Firm Address: City: State: Zip: Property Owner: Please provide the following, if applicable: i. Total Acreage: ii. Proposed #of Residential Units: qp, iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: v. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 4/26/2017 Page I 1 of 5 Coer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Meeting Notes X11 ` cryN oa} C7Tt- Updated 4/26/2017 Page 2 of 5 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre A tion NjeetingS tin Sheet Collier County Contact Information: Name Review Discipline Phone Email ❑ David Anthony Environmental Review 252-2497 davidanthony@colliergov.net ❑ Summer Araque Environmental Review 252-6290 summerbrownaraque@colliergov.net ❑ Steve Baluch Transportation Planning 252-2361 StephenBaluch@colliergov.net ❑ Mark Burtchin ROW Permitting 252-5165 markburtchin@colliergov.net ❑ George Cascio Utility Billing 252-5543 georgecascio@colliergov.net ❑ Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heidiashton@colliergov.net ,>:1 Scott Stone Assistant County Attorney 252-5740 Scottstone@colliergov.net ❑ Dale Fey North Collier Fire Safety dalefey@colliergov.net ❑ Eric Fey, P.E. Utility Plan Review 252-2434 ericfey@colliergov.net ❑ Impact Fee Administration ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michaelgibbons@colliergov.net ❑ Nancy Gundlach,AICP,PLA Zoning Services 252-2484 nancygundlach@colliergov.net ❑ Shar Hingson East Naples Fire District 687-5650 shingson@ccfco.org ❑ John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net ❑ Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net ❑ Alicia Humphries Right-Of-Way Permitting 252-2326 aliciahumphries@colliergov.net O Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net X-' Stephen Lenberger Environmental Review 252-2915 stevelenberger@colliergov.net ❑ Paulo Martins Utilities 252-4285 paulomartins@colliergov.net O Thomas Mastroberto Greater Naples Fire Safety 252-7348 Thomasmastroberto@colliergov.net ❑ Jack McKenna, P.E. Engineering Services 252-2911 jackmckenna@colliergov.net ❑ Matt McLean,P.E. Principal Project Manager 252-8279 matthewmclean@colliergov.net O Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz@colliergov.net ❑ Michele Mosca,AICP Impact Fee Administration 252-2466 michelemosca@colliergov.net ❑ Annis Moxam Addressing 252-5519 annismoxam@colliergov.net ❑ Mariam Ocheltree Graphics 252-2315 mariamocheltree@colliergov.net ❑ Brandy Otero Transit 252-5859 brandyotero@colliergov.net ❑ Bill Pancake North Collier Fire Safety 252-2310 billpancake@colllergov.net ❑ Laurie Beard PUD Monitoring 252-5782 Iauriebeard@colliergov.net ❑ Brandi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net Updated 4/26/2017 Page 1 4 of 5 Caber County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 ❑ Fred Reischl,AICP Zoning Services 252-4211 fredreischl@colliergov.net ❑ Brett Rosenblum,P.E. Stormwater Plan Review 252-290 brettrosenblum@colliergov.net Richard Orth Stormwater Plan Review 252-5092 richardorth@colliergov.net ❑ Michael Sawyer Transportation Planning 252-2926 michaelsawyer@colliergov.net ❑ Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net ❑ Chris Scott,AICP Planning and Zoning 252-2460 chrisscott@colliergov.net ❑ Peter Shawinsky Architectural Review 252-8523 petershawinsky@colliergov.net ❑ Eric Johnson,AICP, CFM Zoning Services 252-2931 ericjohnson@colliergov.net ❑ Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net LI Mark Templeton Landscape Review 252-2475 marktempleton@colliergov.net ❑ Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@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@colliergov.net ❑ Christine Willoughby Planning and Zoning 252-5748 christinewilloughby@colliergov.net Camden Smith Zoning Services/Operations Analyst 252-1042 camdensmith@colliergov.net Patty Kulak Zoning Services/Planning Tech 252-1035 patriciakulak@colliergov.net ❑ John DeBlasiis Zoning Services /Planning Tech 252-1050 johndeblasis@colliergov.net Additional Attendee Contact Information: Name Representing Phone Email 401 Li tk8S I , ',LH'•ss& '' i n�a a�oticA"inar;Pke•corp Updated 4/26/2017 Page 15 of 5 iaa Coilier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: I I 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 at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW OF REQUIRED NOT COPIES REQUIRED Completed Application (download current form from County website) f� Signed and Sealed Survey ®L( I\Chart of Site Waterway — 1 --+ 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 /614 lu I I 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 I I I Completed Addressing Checklist 1 Electronic copy of all required documents *Please advise:The Office of the Hearing Examiner requires all materials 1 I I 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 Coer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: I ❑ Bayshore/Gateway Triangle Redevelopment: ❑ Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet Addressing:Annis Moxam Graphics: Mariam Ocheltree E] City of Naples: Robin Singer, Planning Director Historical Review ❑ Comprehensive Planning:See Pre-Application Meeting Sign In Sheet ❑ Immokalee Water/Sewer District: ❑ Conservancy of SWFL: Nichole Ryan ❑ Parks and Recreation:Vicky Ahmad County Attorney's Office: Heidi Ashton-Cicko ❑ Transportation Pathways:Stacey Revay ❑ Emergency Management:Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlock ❑ Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky ❑ Other: ❑ Utilities Engineering: Kris VanLengen 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 Date 6/3/2014 Page 7 of 7 NI e. s: ..% 0 X _J (0C 71 ,„., -v. 1 . ox ,-,1c,4pi d oo d oo 6:2Wr o - w _ grow \ ro� I m r o N is G a CL C.:. I cn I 1 Co.) 1 Oil+ o' bO'C i TZ { 1 d O = • 00 ® 1 w I illit i ei) co Q.. I too C:1 V) ,_,-,o A) CIA 7 O co 0 CD • 4 - — ----I.- LII! p.) -111_._ __._.....____ .._G__... ---.,.. .....,..-. ice- VI 17 { 0 N * T I— Y H 1.4 „,. ,„_... -a D 7 * 41-- z r-n z,-,-• e -,-, rn rri r— r-n < -.> z I> P (p R ° . ..-A, ,-, 011 x , ...---, ,..,, (.. cn, c,§ I i ) (1 0 ,----1- ‘ 0 gQi --c v>.?.' ..--.......S . 1 , , IesAun. as FAA Nsi < -S? 11 MIL > 2 g A,- 5 mar , n 2 .7t Y Mir V _0 --.I. NW W W - r. 1 1 , IMmill • ielleir4il , .,-2 t t ,----------, '.-.. . y. ). §',....a re • 8 Lk) III UL •.,!,2 6 '-'' ' 4, rn Ili i --Ln —I . ..up . ., •-Ei q 1 0 6',A ,CA Ai ,, ....., :.-..,z 7.. A'n'll 11 Z >zcs rn e st ..,. Q•z, ..?: >,,, S i Z 0 9.— .. _ ..........., .- e I 5 - Ili z i ,-. Fri (s) :,,,•:, tiP i g-i S' z 4-I--————--) r1 0 r,..,,i •g 1:. 3 z Z x c . ,::,› r---- , So sa 1 ,, - •,-,-> pr” ,' 2 6 2,. —....1 M I p Cs Z >1 a xt p i T I E , E- i51;',1 :t 4T m 6"5 MNI —‹ ,:, ..... , A ' 5 _ JB ENGINEERING OF SW.FL.INC. r*-"'""•—......0- BOAT HOUSE 0 FOR GREG°Rio<II ' CriANIVEL optve ,... ,,...., MARINE CONSTRUCTION � a _ ___ LEGEND LOT 22, BLOCK "C" CONNER'S VANDERBILT ..WOO PA FAL BEACH ESTATES UNIT NO. 1 il x�C.104 FLORIDA. !I' ( i�.P R Pri.A (#180 CHANNEL DRIVE. NAPLES, ) ! P_wm.u)aPs� C nm cortZ. -.Part e (WORM PP.MRS POR . •,Y'':..4. IE.MIN FA41EHr BVD D'AAFY� PO.A P11190/EXT COMM POOR R.PONT R COMLASS Rl (60. B -.I'_!� • - IN A YOM MIER BM , rC'" 2QT1R MIT riE.97EFI1 DGOs11L - ��.... f•4tb lid SO (B) '- -'S , ii tli 11 '^ N 75°13.°0 £ 1111 It o U 2 P.... mn4 c.A Ow Wi (Ww N O O (ta.,°a0PIE) ti LO11 C21 y _s o 1 J .o oeww meat awAF.aFoW O m a naw sae E44rua I5 /—-.'"\ i ExmE1e,r uO dR 1 .mv W ,a 80.00 ( ,. --( -c�� 5 79.013.°6. � '.� 4I5'..----i': tyr- i'\..- ...rip O✓ '4 i01.- f 1 VN SCALE t'=30' Alp ?' .654T1/4 `s � \4 r vasugo Fa nnvs z • E`l y�y T• 1 q STi�"'�--' 1 ' PiOP�D/ER Oa AO UR C� r COY t ss:06' g t7c/4.! 'o. WAlF3nvnY- p"�G P^r s 13 Kms. .1_.A u.)- ,, )- fI�1o07^ orL �• C 1 e .ao� �- x��n�.o3•c� GREG ORICK II °� MARINE CONSTRUCTION t� ,`E `• \L DARREN MARTENS i� ! .mom mom we cm --=--:"„". LEGAL DESCRIPTION _ un xz.utu r.orErrn:uvey-str ECu.l Esua /UE11xS wpm.PSAt. IMS A9.1 A9=GRIM N FUS EDC.-Z.PALE P OF TIO: /FU%iM 134.10.001/SUN AMCrILL'di9S CF COLIC CWATr.CUM AM Y ealoUr De scncrupE CO DR oleo.-AA., NOTrS: Ft.DF A ROMA Um®SUM,.TIC Isifl. 1j,U&RPamS3 MX EI RV AA DUZIA S TIEtECP. 2).0040400.i8 S-4D w MVO 1991 aNW- ti :1S011MG PFR 00500 COMIT PIPAIC x CC r; BASIS Or BEARINGS: m DlDs�m aartcaar PROPOSED SITE PLAN CD COMM."1EL H4TSDx PLS PIC(mn) t01%rA CF MntJr A.0 OA TAZ x' 00", E MEL HATTO N �, °^�°_T LA. LAUD SURVET GOR INC. _ f i a _:_ ,$, ` X913 EAST GRACE STREET. PUNTA GORDA FLORIDA 33950. An I R ..n n ri''F—"—a. ,,. - (239) 460-9848 ) .17-0489017-0480.1) novor P12017 0 0 01 3 21 REV 3 (EMENDLOT 22, BLOCK "C" CONNER'S VANDERBILT '; ._MAD,., BEACH ESTATES UNIT NO. 1 ppp r ff P., ir 1,0,04 ;m,.. „d. 0180 CHANNEL DRIVE, NAPLES, FLORIDA.) pP feoCgp 1i00NIW � rt R1wA0[ea corm.Mr N'4� y..OP,PNLE MOOT N -P0rC� ..":.:...........Z.:4" lDNiS . a. rffS1,9ruil - 00. (R) .� ' S.._ ao P a., ouj C N 74'01]00 E . 4m PO 1,‘ N 0• tr N z g S. 23 o ( ) (es.k D N O O N O ON O . aliMOO Oa NO CAA 1 11:0i116.31s RvW��nE J 130,3°..,() ....:.....t-- ---::".---- N y'2 `Ldtte. 5 7�OB 00• ----�jii///!/i�+�t5-fit SCALE t'=3o' Jl �/, 1 �- � 's 1 S 3 PRIMO ter oa AO 1.0 s Y r- bv` G Jim.` w 4yy}'°n 5.63.cb-F'�" �I `% L.[x " GREG ORICK II �1. 4,-Ad be'' 5k n MARINE CONSTRUCTION T t`'1z cAju,r n yey y11• DARREN MARTENS • �wOr"°arm moEr W.A.row l' _ .-� LEGAL DESCRIPTION 1a vayp�FPt�py�� nP sw LOT 12 1 AS Y.M°IN R ilS11 Fwi 2 l 6 OW M.1/5 IebtRD W RR®']f J,V,.C<D 6 ME 0.910 MEOWS OP 0.01 CONY,ROO.. ALV A R111m1 l®®sxlnw AC u., NOTES f}Afl&ti Jm ot4D 0w 1:1v01MF iAC 3).MSEM4ilORS PFn CYLiA Cd,MY RIPI,C IShr. BASIS OF BEARINGS: ME11.14w„¢sa.rtn RA..a=V PROPOSED SITE PLAN 0 OOP014911...ITCH 0.�BIC(2011) of of Bpm,AK,..x x norm-C MELHATTO N CMG DRQ D �pE� r WPw�3 0 r LAND SURVEYORS, INC. vel CONSTR. alai J ffi_iwIR Ro L.,I� ..I. .m $ x•'. #313 EAST GRACE STREET. PUNTA GORD FLORIDA.L99950. _� 1 w qg 78 '� )-- (zoo) neo-soss 1 1i-10,217a$R2uwc!mnen, PL 2°110 0 013 21 REV ER'S LECIIID LOT 22, BEACH ESTATES UNIT DERBILT UNPP NO. 1 MV P590�rt s- 0180 CHANNEL DRIVE, NAPLES. FLORIDA-) MOM• 6sFAUN aelunN LE- w sla..TOMO.IMP IT▪E• .0 .. ar .:�� j. _ S ` .v ▪ ,cm asaosP - ds n) cONv�rD.r: ''� . : t- 'TSD• god�, --1 5 w N 79.08D0* E 0 N % 8. ,, m �{�..o�1•y�D) N C"" £ CVa�� LDt 21 O l O m O if p Op jN Tr, GMT SPOOLL MI GAVIs ta7+c,at.NO w-+MOS NOM ay ,� p 3 J 80.00• (R� `-}",_ _ PV' 5 79 08 DD W ..�i�.- �:ri�; SCALE 1" 0' tot ��i ��r/ t5��i I \ \ \L = ` ' "iv— O. ..INA10Y' (Z,.4 L arc n 3 r'2 ME R«,,.OROI ta. \ GREG ORICK II ` pttd MARINE CONSTRUCTION 4t ao Fkm�£WOW.MO DARREN MAR TENS J1, ,f dr \----- ---------- a. LEGAL DESCRIP110N ft '7A� M.OMM•M.martns vumOu MU UO NO.t IS 1®'AMFD IN PUT 800[i PPM a 61.10 �¢V51 IliilON.PSLL NPO MCORP.OP SOLI.MUM 11.101. / "r "# stop for SOL OF A R,NE m+at.e A >K PO 111 rt1n �: 3k OF.itf 4 gym®AMMO Vo WR6t 8.168/1005 ME DI POTS NO OEMOM tND®i O.SLOMMIS AE gels at iwS UM WOW A.WY M SLOW 20 osmo 1+PESMICTId OR 101011.1016 RB MOOS LOM.RAM MEMOS. BASIS OF......BEARINGS: PROPOSED SITE PLAN :EO� IPE6141 A1199J mEO EMi 0 WRRa1t lc1 natty P15.PM(mm IDE OF 96N.1*AMA ooc N MEOW E MEL HATTON ,t- gw ▪ I LAND SURVEYORS. INC. q 4 ! A 75 Ie• St N Ns #319 EAST GRACE=REM PUNTA GORDA, MAMA.88960. m n t e n 4e 11 r+.m 1.: (299) 460-9949 t7-OMI¢57-W6E-D/C(WI./it P1 2017 0 0 01 3 21 REV 3 C COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT#: PRBD2017010176001 PERMIT TYPE: MR ISSUED: BY: APPLIED DATE:01-17-17 APPROVAL DATE:01-24-17 MASTER#: COA: JOB ADDRESS: 180 Channel DR JOB DESCRIPTION: REMOVED FAILING BOATHOUSE IN ITS ENTIRETY JOB PHONE: &DOCK/REPLACE AT LATER DATE/REVISION TO SHOW CONSTRUCTION PLANS 180 CHANNEL DR SUBDIVISION#: BLOCK: LOT: FLOOD MAP: ZONE: ELEVATION: FOLIO#: 27482960000 SECTION-TOWNSHIP-RANGE:29-48-25 OWNER INFORMATION: CONTRACTOR INFORMATION: MARTENS,DARREN M&JILL M GREG CRICK II MARINE CONSTRUCTION,INC 63020 INDIAN HILLS DR 27171 DRIFTWOOD DR WASHINGTON ,MI 48095- BONITA SPRINGS,FL 34135- CERTIFICATE#::twasei PHONE: FCC CODE: CONSTRUCTION CODE: 0218 JOB VALUE: $5,000.00 TOTAL RES SOFT: 350 TOTAL COMM SOFT: 0 SETBACKS FRONT: REAR: LEFT: RIGHT: SEWER: WATER: CONTACT NAME: CONTACT PHONE: Per Collier County Ordinance No.2002-01,as it may be amended,all work must comply with all applicable laws,codes,ordinances,and any additional stipulations or conditions of this permit.This permit expires if work authorized by the permit is not commenced within six(6)months from the date of issuance of the permit.Additional fees for failing to obtain permits prior to the commencement of construction may be imposed.Permittee(s)further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE:PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE,FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE(EITHER THE OWNER OR CONTRACTOR)TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION(DEP).FOR MORE INFORMATION,CONTACT DEP AT(239)344-5600. In addition to the conditions of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county,and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF Now COMMENCEMENT. http://www.col lierappraiser.comJMain_Search/RecordDetaii.htm 1?Po l... Collier County Property Appraiser Property Summary Pattei No. 77:5824603tk. Site Adr. 320 CHANNEL DA Name/Address MARTENS.DARREN M..&JILL M 63020 INDIAN HILLS DR City WASHINGTON State mi Tip 48055 Map No. Strap No. Section Township Range Acres*Estimated ••Z. 233200 C 223529 29 48 25 022 Legal CONNER'S VANDERBILT BCH EST UNITS BU(C LOT 22 444+;..g•.are,* :74 Rales `Cdicufatiens Sub./Coodo 233200-CONNERS VANDERBILT BCH EST 91 School Other Total Liss Code• 3-SINGLE FAMH.Y RESIDENTIAL 3.24.1 6208 11.453 Latest Sales History 2016 Certified Tax Roll ,'1,t a:!S=k:em n:tad.t.'to Caniiientu�t; ;S+.b,+e-:Fe g=i Date Book-Page Amount Land Value + 764.960 06f30/16 5290-3160 $1,423,000 Improved Value S 125283 01/24/11 4649-3330 S 0Market ue 12/23/07 4316-1186 S 78,300 S•.310,243 85/17/99 2547_250E 5 x.000 t-> Save our Horn 5 1,043,421 06/18/91 1624-2279 5 0 .-: Assessed Value S 288.822 10/01/81 7299-492 50 r-, Homestead 525,000 72/01/71 458-34:1 S 8 1.., Sciseut:araaie rare 5 241.822 , Additional Homustea4 S 25,000 Taxable Valor 5 216,832 if All Val..v1w.-r..b..eq,..t 0'tr.na:,r!r-y:seat,:ai:rr,.FinalTm 391 3 loft 1/9/2017 7:47 AM Details http://www.collierappraiser.com/Main_Search/RecordDetail.html?Fol... Prim New Search 1; Tax t&lis i Change of Address Property Summary ; Property Detail Aerial Sketches Trim Notices Parcel No. 7:74E2960000 Site Adr. ISO CHANNEL DR -,--.: ....411 pr it ,,:-.- ' _ jek , ....... . , - _ tilsiplArimit A. woo- 41/4 i -$04. * -....t‘ Ime..... A.,* . ' ., _ - .......a."'Y a - .. i.4_7....,, FIP ----- -- . .',--. t .c_, e,:, 5e - __ Itic 4Y 1 ` . .F Dai+a UIS Window wi I'More Features. I of I 1/9/2017 7:48 AM a ` a . J_ 1 , sa. n I a � i .. ,. . . it V f- v Y (r! I 0 Cv �a D oL o > j CC a. c. 2 I 0 Q I I 0 00 I vaC C T r.r i a> A �r b r L M C 04 $ ca A --- = .0 vi C CU LUa' N i.. C tar N f ' k.../ A X Z 1 1 n bP v alv vl zQ Q o �!� La U Y _Z M j If W Immo Z C+ 7 ,� . 00 v '- I ® 2 o In -_� _ fit? f1bI 0.4 Er `/ 0) (— 0 fr 0 0 CI tTyr Z J Y T y i a J I=mo d N r- U1 o e L. O .,Z Z Z Z' tc I'-' v, s r �r AFF-II--F~ ` mL O 1_1 J Jr ---m W«t-r n r,, R s: -�' .. 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IV•••CARLE IV 0OX TEL..TELIEFINOtE BOX PCP-.PERMANENT CONTROL PORN II PONT OF 041131SECDON DE 4.,MIRAGE EMMET $$4 ,•- • IliN40- I - __.,..• t i, . .,. • Mz..EVULSRatiETIER BOX RA-Milt OF WAY UNE NOWFKLCELrIC C-\ ME..UANTANENCE EASEMENT • • LK,.,ME IMMANENCE EASEMENT AS•••ACCESS EASEMENT __ ----'---; -:-.•- •• ' ... --.:j:;-: • WPP./WOOD POWER FOIE • SCREEN ENCLOSURE - 480 GIS (1° ---- ATA$ Jo Pa 7g000. - 4 SE 1 BACK REQUIREMFN Si . g SIDE; ' 0 ,.... z FRONT oc, _ _______ _ c, EAR RALit2-{r00 . 0 Lai 2 , 1 t._ (occuFIEDi . .4 - LOT 22 occupiED) , E Lot...,2,1,-A oca .l VIC. i teD t iS b o 0.. DOSING COND.RETE SEAM/ANC Qv. 0 TO BE PLACED IN'ANNAP POSMON AS EU5T7t4G WALL IANSA P 1 FODT WRIER 73 2*. ..." ary . i Co_ ,A) 4__..../...,:__ .... s 7... . , A .-- 1 A fr44n,CA, A 10 • —, ,,,,,4; ,o, 1,1'.- .1114 _ — / - - a 1st,Oc OSC 4/. . ...z" / 4('' -o • - 0 r.: ,,-..-‘6.. , . \ ,, \..... vA PROPOSE)NEN OC PIO INT C Z. 1-$I 7, 0 , +3 % 1 0 C ... , % 0 • 0 ,Mh-CE1THik'('-' 4 .." i W -.., li Sti::.PLAN PPLPAPEO MP % GREG CRICK II MARINE CONSTRUCTION 4 DARREN MARTENS DOSING(317iLWZIE W-AWALL AND CAP— 1 1 - 441 \ i lira raNNIA \ . 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F- g 21, 7,1 liAPINI b zi4 o$ oE 4. a. tl , • ..,",..,1 ' '" ' /' %..' r 1 ot N =8., to pin<Mel .-- 9 ..,,„ ---,,,-;:-.• , . iFtic . li i ICO > r 554, 8W II ; 'A 11 N I 1 , I lingettWli 1 • ,, i !..,,• ,-_, :.„-. 9--.,, ?,, 1 1 . i Wiiiiiii101 1 111 5 ' ' latlinigarH II tilt , E' 1 i Milillili011 l' 11. i 14411114 it 11 il it it it_ tt mI'L. kl Eiligtitilt it It Itt it Il It i,i ti4; i' r -x----1 ImViEliSriiliq4 . 101Pgliitg111 11 1 E E. 17.1 E Y Y. 1 Y. 1 egi§RaTi6r0,E I .: - 1 5 L.. EIEFIW1.'TIV t t t' t tl ; ; ; . a a . •g,; .-:, ,-. ,s Ili.Win2734,Wadg p' il ,i L:i ;: . E 11011111 ' h 11 If il 0 It .7.'1 , ,t 0.3.. .. 3- 3. . m .- . , gigEgygg*,,.v. LE351g2E5Egg0A6§A .klylb,7,74 -7,i,. z.k, 4 7;4 p ik kit,: nel I 1 Z)4.7Aggratil2gV ;'1 'I 1-7'It II — ", -p", i•/- ---- .///./ . ./ .i :b •.; ;,_, el?,sEgY,T.g tg tg tg A 'A Ic, 7.o :1 I ENWW.W1,3;51, Win * il FliE 'q. . ,, 1E1 lildglqi1M1 4rag 41 I I: ! 6 9 Ilii!gant,P4NEOlit gq-12; gEll •--f' :5-.. Z /% :-' 4 I ill6 11111P4191/O111%;.; :.: iniPagAgEnhg g. 8 ' .11 ` 4 -4:E 4. ikig ;1. g '4 g gaillilfliiinile; ,Vilg 41 .i, 7 '' 0 '8 '-'12 gqi.'82gAZi8e, R3 A J ,i' I•e,' 6; :;:g 7 -1.; iglEggiaillPro7-41' 151Ki til! 4 81.,N7A',-; '•,t1 -1 7z, 7-% -,1 7 1, 1 . 1 ... 0=i.- 00..,o=,P"-00. - .- --rc 6 ps--- E , 15 /1-11i-40.P2ginq , -.,t, E5Y" '''' FIFEWRI §Ii5140.-gggEgigt 4 82-7 ; 622-it:tt,r, ' WE:NigMt6py,:i3Ozi *.i.sRa q45 r q111 ,11iiirn ' iaii Mill IIIVIIIIOW MA g51! i , 8 I 1 i ' Igu kl '''''- ' luu 1 irdealiiall81 ihni MI ) Holly Lindsly From: Greg Orick Marine Construction Sent: Wednesday, February 1, 2017 8:14 AM To: Holly Lindsly Subject: FW: FDEP ERP Self-Certification Receipt Attachments: dl 2a5e22742df0f572bc57c6b65355ad.pdf; e36128bb9e83dc4ed1e5ec1edc8ff.pdf; AquaticVegetationGuidelines_1_0l.pdf;SeaTurtleAndSawFishConditions_1_01.pdf; f387e63d91e7d6abb59c7944e61c333d.pdf From: no-reply@dep.state.fl.us [mailto:no-reply@dep.state.fl.us] Sent:Wednesday, February 1,2017 7:55 AM To:Greg Orick Marine Construction<info@orickmarine.com> Cc:ROBERT.B.BARRON@USACE.ARMY.MIL; ERP.SELFCERTS@dep.state.fl.us; NMFS.SER.PROGRAMMATICREVIEW@NOAA.GOV; FDEP-SP@USACE.ARMY.MIL; MARIE.VIDRINE@dep.state.fl.us Subject: FDEP ERP Self-Certification Receipt �, neaAr,,,w Florida Department of " Scotts ,f Governor o G Environmental Protection Carlos Lopez-Cantera a o Bob Martinez Center Lt. Governor 2600 Blair Stone Road o,��t,� ¢<�`` Tallahassee, Florida 32399-2400 Jonathan P. Steverson Secretary Receipt for Submission SELF CERTIFICATION FOR A PROJECT AT A PRIVATE,SINGLE-FAMILY RESIDENCE 02/01/2017 Self Certification File No.: 0350894001EE File Name: 180 Channel Dr Naples,FL 34108 -Self-Certification Modify With Boat Lift(General) Dear Greg L. Orick II: On, 02/01/2017, you used the Florida Department of Environmental Protection's electronic Self Certification Process to certify compliance with the terms and conditions of the Federal State Programmatic General Permit(SPGP) Self Certification Process for a project at private, single-family residence located at: LAT-Degrees: 26 Minutes: 15 Seconds: 50.2502 LONG-Degrees: -81 Minutes: 49 Seconds: 20.8922 SITE ADDRESS: 180 Channel Dr Naples,FL 34108 COUNTY: Collier For: Darren Martens 63020 Indian Hills DR Washington,MI 48095 You have certified that the project you propose to construct at the above location meets all the conditions of the Self-Certification Process.A project that is built in conformance to those conditions(attached for reference)will: 1. Qualify for a regulatory exemption under Section 403.813(1)(b)of the Florida Statutes(F.S.)and Chapter 62-330,Florida Administrative Code(F.A.C.).As such, it is exempt from the need to obtain a DEP Environmental Resource Permit.; 2. Qualify for Consent by Rule or Letter of Consent(as applicable) under Chapter 253, F.S. and Chapter 18-21,F.A.C. (and Chapter 258, F.S. and Chapter 18-20, F.A.C., if applicable),when the project is located on submerged lands owned by the State of Florida.; Your Self-Certification is based solely on the information you provided under this process,and applies only to the statutes and rules in effect when your certification was completed. The certification is effective only for the specific project proposed,and only if the project is constructed,operated,and maintained in conformance with all the terms,conditions, and limitations stated in the Self-Certification Process. In addition,any substantial modifications in your plans should be submitted to the Department for review,as changes may CIO result in a permit being required. You have acknowledged that this Self Certification will automatically expire if: 1. Construction of the project is not completed within one year from the self-certification date; 2. site conditions materially change; 3. the terms,conditions,and limitations of the Self Certification are not followed; or 4. the governing statutes or rules are amended before construction of the project. Completion of the Self Certification constitutes your authorization for Department or Corps personnel to enter the property for purposes of inspecting for compliance. Receipt of this Self-Certification constitutes authorization to use sovereignty/state-owned submerged lands, as required by rule 18-21.005,F.A.C. The authorization must be visibly posted during all construction activities. In waters that are accessible to manatees,obtain information on your mandatory Manatee Protection sign by clicking here. FEDERAL STATE PROGRAMMATIC GENERAL PERMIT(SPGP) 2 You have certified that the project you propose to construct at the above location meets all the conditions of the SPGP Self-Certification Process and will be built in conformance to those conditions(attached for reference). Your proposed activity as certified is in compliance with the SPGP program. U.S. Army Corps of Engineers(Corps) Specific conditions apply to your project,attached.No further permitting for this activity is required by the Corps. In the event of the transfer of ownership of the property by sale or by any other means, when the structures or work authorized by this SPGP Self-Certification are still in existence at the time the property is transferred,the terms and conditions of this SPGP Self-Certification will continue to be binding on the new owner(s)of the property. Although the construction period for works authorized by Department of the Army permits is finite,the permit itself,with its limitations, does not expire. To validate the transfer of this SPGP Self-Certification and the associated responsibilities associated with compliance with its terms and conditions, the attached transfer of SPGP Self-Certification request must be completed and submitted to the Department at the time of transfer of ownership. The address is given below on the attached transfer form. This SPGP Self-Certification is based solely on the information you provided under this process,and applies only to the statutes and rules in effect when your certification was completed. You have recognized that your certification is effective only for the specific project proposed, and provided the project is constructed, operated, and maintained in conformance with all the terms, conditions,and limitations stated in the SPGP Self-Certification Process. This Self-Certification will not apply if any substantial modifications are made to the project. You agree to contact the Department for review of any plans to construct additional structures or to modify the project, as changes may result in a permit being required. You have acknowledged that this Self-Certification will automatically expire if 1. construction of the project is not completed by midnight, July 25,2021, unless construction commenced or a contract to construct was executed before July 25,2021, in which case the time limit for completing the work authorized by the SPGP ends at midnight, July 25, 2022. However,in no case can construction continue for more than one year beyond the Self-Certification date; 2. site conditions materially change; 3. the terms, conditions,and limitations of the Self-Certification are not followed;or 4. the governing statutes or rules are amended before construction of the project. Completion of the Self-Certification constitutes your authorization for Department or Corps personnel to enter the property for purposes of inspecting for compliance. If you have any questions,please contact your local Department District Office. Contact information can be found at: http://www.dep.state.fl.us/water/wetlands/docs/sler_contacts.pdf.For further information, contact the Corps directly at:http://www.saj.usace.army.mil/Missions/Regulatory.aspx. When referring to your project, please use the SPGP Self-Certification file number listed above. Authority for review-an agreement with the U.S. Army Corps of Engineers entitled Coordination Agreement between the U. S.Army Corps of Engineers (Jacksonville District)and the Florida Department of Environmental Protection State Programmatic General Permit, Section 10 of the Rivers and Harbor Act of 1 899 and Section 404 of the Clean Water Act. ADDITIONAL INFORMATION This Self-Certification Process does not relieve you from the responsibility of obtaining other permits or authorizations from other agencies(federal, state, Water Management District,or local)that may be required for the project. Failure to obtain all applicable authorizations prior to construction of the project may result in enforcement. C 3 If you have any problems with the attached documents,please call the ERP Coordinator at(850)245-8495 or by e-mailing us at ERP eADpsr.dep.state.fl.us. Sincerely,Florida Department of Environmental Protection Attachments: FDEP Terms and Conditions SPGP Terms and Conditions SPGP Transfer Letter Aquatic Vegetation Guidelines Sea Turtle And Sawfish Conditions 4 http://www.collierappraisencom/Main_Search/RecordDetail.html?Fol... Collier County Property Appraiser Property Summary Parcel No. Z71,82960000 Site Adr. 180 CHANNEL DR Name/Address MARTENS,DARREN M=St Au El 63020 INDIAN HILLS DR City 15L1S141/467084 State Mt Zip 46095 Map No. Strap No. Section Township Range Acres'IshiiKnot 9A29 233200 C 223A29 29 48 25 022 Legal CONNER'S VANDERBILT ISCH EST UNIT 1 81K C LOT 22 frI2hge Arezer 7?-1 f0f,10a4,52.,..i 0'7±7AtcAlistio,11 Sub./Condo 233700.CiINNERS VA IIMREIRT ACM KT 41 School Other Total tk,Code 0 1-SINGLE FAMILY RESIDENTIAL 5.245 6.208 11.453 Latest Sales History 2016 Certified Tax Roll ok.ail.c.do s,d t.iisted doe.eo Co.:do o 1 idt,o) (Sattto,to Clot000) Date Book-Page Amount Land Value S 1,184.960 06/30/16 5290-3160 $1.423,000 tH Improved Veto. 5 125283 01/24/11 4684.190 50 12/2.8/02 491k-110 373510 5 1,310.243 05/17/99 2547.2508 S 400,000 (-I Save our Home $1,049421 06/18/91 1824-2279 CCI ,-: Assessed Woe $266=2 10/01/87 i09.92 S 0 f-1 Homestead S 25,000 12/01171 V..11.7.94! 5 9 i--) Senora Taxable Vat,. S 241,522 t-t Additional Homestead 5 25.000 t.., TaxableValise S 216.822 if diI vatirn a'rarrcrn above.,o.00 this parch W.11 crested a itor th.Final Tal,Pot N010° of 1 1/9/2017 7:47 AM Martens Boathouse Criteria PL 20170001321 Boathouse Criteria: 5.03.06.E 1. Side setbacks provided: 16 feet on the left (West) and 15 feet on right (East). 2. Maximum protrusion into waterway is 20 feet or 20 percent of the 100 feet of waterway. 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 besides the upland structure. 5. All sides will be left open as shown on the engineering drawing. The boathouse overhang is 2'7" also shown in the boathouse 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 location as previous boathouse as to minimize the impact on the view of the adjacent neighbors. AGENDA ITEM 3-H Co r County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: OCTOBER 12, 2017 SUBJECT: BDE-PL20170000565, GAYNOR BOAT DOCK EXTENSION PROPERTY OWNER: AGENT: Jill B. Gaynor Jeff Rogers 75 Pelican Street West Turrell, Hall &Associates, Inc. Naples, FL 34113 3584 Exchange Ave. Naples, FL 34104 REQUESTED ACTION: The petitioner is requesting a 56-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width,as described in Section 5.03.06 of the Land Development Code (LDC) which will allow construction of a boat docking facility protruding a total of 76 feet into a waterway that is approximately 1,500 feet wide per the petitioner,based upon aerial photos. GEOGRAPHIC LOCATION: The subject property is located at 75 Pelican Street West, further described as Folio Number: 52344120005 of the Public records of Collier County, FL, in Section 31, Township 51 South, Range 26 East. Collier County, Florida. (See location map on the following page.) BD-PL2017-0000565; 75 Pelican Street W Last revised: 9/25/17 Page 1 of 9 HEX Hearing 10/12/17 via go• 0411011:_41444iii .441 viopp4 tibt 1 P4 grps* Fa a._ 4451 tt • „ NJ cc 0 Co Co —J -- tu p z Z U LIJ -1 4 2 8 a. BD-PL2017-0000565; 75 Pelican Street W Last revised: 9/25/17 Page 2 of 9 HEX Hearing 10/12/17 FIP431/2011-.00461PAS47 nfliztlf\Al 4/2A./17 PW4 2 iyf PURPOSE/DESCRIPTION OF PROJECT: The petitioner (according to the application) is proposing to keep the existing dock and boat lift, but replace an existing kayak lift with a traditional 4 pile deck over lift. The proposed jet ski lift is 12 feet by 14 feet and has been designed for two jet skis. This petition, if approved will ". . . keep the dock in the same footprint and just replace one of the two existing boat lifts. . ." This will also include the additional 6-foot protrusion from the previously approved BD-90-11. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: The site is developed with a single-family house with a zoning designation of RSF-4. SURROUNDING: North: Capri Pass, a waterway, with a zoning designation of A-ST South: Single-family house, with a zoning designation of RSF-4 East: Single-family house,with a zoning designation of RSF-4 West: Pelican Street West, then a mixture of residential uses, with a zoning designation of RMF-12 Subject Property / `' v. • 1,4 • Google Earth ENVIRONMENTAL EVALUATION: The subject property has an existing shoreline of rip-rap rocks. A submerged resource survey provided by the applicant found no seagrasses or significant submerged resources. The provisions of the Collier County Manatee Protection Plan apply to multi-slip dock facilities with ten (10) slips or more and to all commercial marina facilities, and aside from one location within the county, do not apply to individual docks located behind individual residences. BD-PL2017-0000565; 75 Pelican Street W Last revised: 9/25/17 Page 3 of 9 HEX Hearing 10/12/17 Therefore, the provisions of the Collier County Manatee Protection Plan do not apply to this facility. Stipulation: A Special Treatment permit will be required to be obtained prior to approval of the building permit. STAFF COMMENTS: The Collier County Hearing Examiner(HEX) shall approve, approve with conditions, or deny, a dock facility extension request based on the following criteria. The HEX must determine that at least four of the five primary criteria and four of the six secondary criteria have been met pursuant to LDC Section 5.03.06.11,to approve this request. Staff has reviewed this petition in accordance with LDC Section 5.03.06 and finds the following: 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.) The agent offered the following for consideration: The subject property is zoned for a single family residential unit which warrants no more than 2 slips per the CC-LDC. The proposed project consists of replacing one of the 2 existing lifts with a new 4 pile traditional boatlift as well as including the additional 6-feet of protrusion from the previously approved BDE. There is also a davit swing lift attached to the existing dock which is not a traditional boatlift nor slip due to the vessel being placed over the deck area. Criterion met. The proposed dock facility is deemed appropriate in relation to the approximately 59 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.) The agent offered the following analysis: The reason for the original BDE was driven by water depths and limited shoreline area inside the required setbacks. This BDE request is to remove and install a new 4pile decked BD-PL2017-0000565; 75 Pelican Street W Last revised: 9/25/17 Page 4 of 9 HEX Hearing 10/12/17 over bo atlft as well as to include the additional 6-feet-feet ofprotrus ion due to the existing dockextendingoutpastthepreviouslyapproved5Ofoot extension(B-9(1-11). Criterion met. Staff concurs with the agent's analysis. 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 76 feet into an approximately 1,500-foot wide waterway, using an insignificant portion of the waterway. Navigation thru the waterway should not be impeded. 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 76 feet into the canal, which is 5 percent of the waterway, leaving 95 percent of the canal as navigable water. There will be negligible 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 the minimum required 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.) The agent offered the following analysis: The subject property location and shape in relation to adjacent properties has a very limited riparian area to design/construct a docking facility that can accommodate two boatlifts. Additionally, the shoreline consist of a large rip-rap area which extends landward of the property line. Due to this condition the access walkway portion of the dock needs to protrude further out into the waterway in order to decrease the access walkway's slop[sic]and reach adequate water depths. BD-PL2017-0000565; 75 Pelican Street W Last revised: 9/25/17 Page 5 of 9 HEX Hearing 10/12/17 Criterion met. As noted above, this lot has an unusual configuration where the landward area meets the water(see excerpt below). Rip rap extends as well. _.. LIFT ' �.I (TYt'_) s'-q.,- I ArMACCNT WOOD ' / _� \/" fX)CK --- WOOL, 15.3' \ SWING F l L.IF1 2.1' ----"AP'. --->r- f IYY.J NOTE:LIDUNVANY LINO IS TI IC 5 M.H W i..MK, OC....-'--- fftCV.-0.3' mow' ` iNmLE,,T0.L TOO OL 4.2' / RIPMAr. 1\ (TYP.) tELGV._.:f.A' NO t AI),I TO LAI W ! '^ ) i.. DOTTOM W M.L W.LINE �\.'j �' r:,.. — �_- 9.5' fav. - EL<;V - /.A' f4 3_„�. '" III. NOT AM,TO MUM 0.4. _ fs .. l'` �_ .�r -��WOPD �" I.F'CONC: _..-_ -. DOCK WAWA/L �_ — — — -- — -0 PIR 112 i- ~ 33 63"W�� N89`19'00"W FIR 1/2" (Now*9. 0.1, 70.00' (D) (NO to n) N89"19'00"W 83'(M) N69-30'37"W 35.01' (P) 7(1.07' (M) Naa'44'05'W 4 34.69'(M) 11t _�PARc i AS 1�ESCRIBEDTAJ OR BOOK 3464.PGS 751-752 COLLIFR COUNTY.FL -� ... (IMPROVEMENTS NOT SHOWN) w W 473_ Er�' co -- LOT 1 O9 Q - F g •( 8 8 LOT 108 6 . co" r z z OF LAND FIR 1/2.. S89"O9'24"E FIRC SIB" (NO ID 4) 69.98'(M) (4 2504) ea. e 589`19'00"E 70.00' (D) I d. 10 cQQ Excerpt from the petitioner's survey (NTS) 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 BD-PL2017-0000565; 75 Pelican Street W Last revised: 9/25/17 Page 6 of 9 HEX Hearing 10/12/17 area not directly related to these functions. (The facility should not use excessive deck area.) The agent offered the following for consideration: The existing docking facility consist of 609 square feet of decking which was previously approved by BD-90-11. The proposed project consists of replacing one of the two existing boatlfs as well as to include the additional 6-feet of protrusion from the previously approved BDE. The new boatlift will be a decked over boatlift which will increase the total overwater structure by 168 square feet bringing the total deck area up to 777 square feet. This style of boatlift allows for safe access to PWC and or kayaks by providing additional decking area. Criterion met. Staff concurs. This petition 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 not met. The dock is proposed to moor a 30-foot vessel, which exceeds 50% of the 59-foot length of the water frontage. 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 should not be impacted. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(I) of the LDC must be demonstrated.) Criterion met. 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. BD-PL2017-0000565;75 Pelican Street W Last revised: 9/25/17 Page 7 of 9 HEX Hearing 10/12/17 Staff analysis indicates that this request meets five of the five primary criteria. Regarding the six secondary criteria, criterion 6 is not applicable, and the request meets four of the remaining five secondary criteria. Therefore,this petition meets the criteria for approval. APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS: As to any boat dock extension petition upon which the CCPC takes action,an aggrieved petitioner, or adversely affected property owner,may appeal such final action to the Board of Zoning Appeals. 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 Office has reviewed the staff report on September 25,2017. RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner APPROVE Petition BDE-PL2017-0000565, with the condition that an ST permit must be sought and approved prior to the issuance of any permits to construct the boat dock. Attachments: Application& Support Documents BD-PL2017-0000565; 75 Pelican Street W Last revised: 9/25/17 Page 8 of 9 HEX Hearing 10/12/17 PREPARED BY: r / kzzi.nu 9 / 5 ( 4- KAY D ELEM, AICP, PRINCIPAL PLANNER DAT ZONING SERVICES SECTION REVIEWED BY: Ak__________ . 9 (I /r7 RAY B LOWS, MANAGER DATE ZONING SERVICES SECTION . /1'--- ft,, .._____S c't-- 2..) - (") MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION BD-PL2017-0000565; 75 Pelican Street W Last revised: 9/18/17 Page 9 of 9 HEX Hearing 10/12/17 GAYNOR DOCK 75 PELICAN STREET W NAPLES, FL BDE APPLICATION PL20170000565 JULY 2017 Prepared by: Turrell, Hall & Associates, Inc. 3584 Exchange Ave., Suite B Naples, FL 34104 (239) 643-0166 er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 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 S&9YtntY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch. 3 B. of the Administrative Code THIS PETITION IS FOR (check one): • DOCK EXTENSION ❑ BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION Applicant(s): Jill B. Gaynor Address: 75 Pelican St. W City: Naples State: FL zip: 34113 Telephone: Cell: Fax: E-Mail Address: johngaynor@prempack.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: 31 151S /26E Property I.D. Number: 52344120005 Subdivision: Isles of Capri Unit: 1 Lot: 109 Block: Address/General Location of Subject Property: 75 W Pelican St., Naples FL Current Zoning and Land use of Subject Property: RS F-4 2/28/2017 Page 2 of 7 Co er county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 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 Zoning Land Use N A-ST Capri Pass S RMF-12 Misc Residential E RSF-4 Residential Single-Family W RSF-4 Residential Single-Family DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility,any other pertinent information): Replace an existing kayak lift with a traditional 4 pile decked over boat lift. The proposed boat lift is 12'x 14'and has been designed for 2 jet skis. The existing dock protrudes out 76-feet from the top of rip-rap,which as proposed will not change. This BDE request is to keep the dock in the same footprint and just replace one of the two existing boat lifts as well as to include the additional 6-feet from the previously approved BD-90-11 SITE INFORMATION 1. Waterway Width: 1500 ft. Measurement from rj plat ❑survey ❑visual estimate other(specify) Aerial 2. Total Property Water Frontage: 59 ft. 3. Setbacks: Provided: 7.5 ft. Required: 7.5 ft. 4. Total Protrusion of Proposed Facility into Water: 76 ft. 5. Number and Length of Vessels to use Facility: 1. 30 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 adjacent existing docking facilities which all protrude greater than the allowed 20-feet protrusion into the subject waterway. As designed the dock is consistent with others on the same waterway as shown on the attached exhibits sheet 7 of 7. 2/28/2017 Page 3 of 7 Cv er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 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? 0.18 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 Q No If yes, 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 (MIT). (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 Co e County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property;these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 I must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) 2/28/2017 Page 5 of 7 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net - (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: n 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 at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application (download current form from County website) 6 ❑ ❑ 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 ❑ ❑ 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 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ Bayshore/Gateway Triangle Redevelopment: ❑ Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet ❑ Addressing:Annis Moxam ❑ Graphics: Mariam Ocheltree ❑ City of Naples: Robin Singer, Planning Director Li Historical Review Comprehensive Planning:See Pre-Application ❑ Meeting Sign In Sheet ❑ Immokalee Water/Sewer District: ❑ Conservancy of SWFL: Nichole Ryan ❑ Parks and Recreation:Vicky Ahmad ❑ County Attorney's Office: Heidi Ashton-Cicko ❑ Transportation Pathways:Stacey Revay ❑ Emergency Management:Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlock ❑ Engineering:Alison Bradford Li Transportation Planning:John Podczerwinsky ❑ Other: ❑ Utilities Engineering: Eric Fey FEE REQUIREMENTS: El Boat Dock Extension Petition: $1,500.00 I] Estimated Legal Advertising fee for the Office of the Hearing Examiner:$1,125.00 ❑ An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. 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. All checks payable to:Board of County Commissioners. 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. S / Sin re of Pe itio'f ner or Agent D to 2/28/2017 Page 7 of 7 UPDATED PRIMARY CRITERIA 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.) The subject property is zoned for a single family residential unit which warrants no more than 2 slips per the CC-LDC. The proposed project consists of replacing one of the 2 existing lifts with a new 4 pile traditional boatlift as well as including the additional 6-feet of protrusion from the previously approved BDE. There is also a davit swing lift attached to the existing dock which is not a traditional boatlift nor slip due to the vessel being placed over the deck area. 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.) See attached survey/drawings illustrating the existing docking facility and associated slips which were approved by the previous BDE. The reason for the original BDE was driven by water depths and limited shoreline area inside the required setbacks. This BDE request is to remove and install a new 4 pile decked over boatlift as well as to include the additional 6-feet of protrusion due to the existing dock extending out past the previously approved 50-foot extension (BD-90-11). 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.) The existing docking facility was previously approved through the Collier County BDE variance process (BD-90-11). However during this BDE request it was determined the existing dock protrudes further out into the waterway than what was approved by BD-90-11. Therefore we are also requesting for the additional 6- feet of protrusion in order to have the existing dock compliant. 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.) The approximate waterway width is 1,500-feet wide. The existing dock protrusion is 76-feet which is just a little over 5% width of the waterway. 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.) The existing docking facility currently does not meet the required side yard setback of 7.5-feet. The proposed boatlift footprint will be within the required 7.5-foot setback,which will prevent interference with any existing or future neighboring docking facility. UPDATED SECONDARY CRITERIA SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) The subject property location and shape in relation to adjacent properties has a very limited riparian area to design/construct a docking facility that can accommodate two boatlifts. Additionally the shoreline consist of a large rip-rap area which extends landward of the property line. Due to this condition the access walkway portion of the dock needs to protrude further out into the waterway in order to decrease the access walkway's slop and reach adequate water depths. 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) The existing docking facility consist of 609 square feet of decking which was previously approved by BD-90-11. The proposed project consists of replacing one of the two existing boatlifts as well as to include the additional 6-feet of protrusion from the previously approved BDE. The new boatlift will be a decked over boatlift which will increase the total overwater structure by 168 square feet bringing the total deck area up to 777 square feet. This style of boatlift allows for safe access to PWC and or kayaks by providing additional decking 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.) The existing docking facility has been designed to moor one vessel at least 30-feet in length and 2 personal watercrafts (PWC) on the proposed decked over boatlift. Therefore this criteria is not met. 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.) As proposed the dock has been designed within the designated setbacks and is consistent with others on this waterway. Therefore no new impacts to neighboring property views of the waterway will result from the proposed project. 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If .44010. seagrass beds are present, compliance with LDC subsection 5.03.06 I must be demonstrated.) 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.) The proposed work is a single family dock facility and therefore not subject to Manatee Protection Requirements AFFIDAVIT OF AUTHORIZATION AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL)D )'7 Occ 54.S I, Ti(I 15 Ery n C'( (print name), as (title, if applicable)of (company, If applicable), swear or affirm under oath, that I am the (choose one)owners applicant contract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions impose -by the approved action. 5. Well authorize /64-fell 14-kl( /tssoc i s, In4. • to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: ▪ If the applicant is a corporation, then it is usually executed by the corp. pres. or v.pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I eclare that I have read the foregoing Affidavit of Authorization and that the cts stated i are tr S gnature Da e STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed) and subscribed before me on 5 [3 ( J (7 (date) by 3-11 C t3 Gc yV\c (name of person providing oath or affirmation), as 0 u'n e who is personally known to me or who has produced by. L-t (type of identification)as identification. 771 vs STAMP/SEAL Signature of Notary Publi ;'v, = LEE M.RUSSELL �� •, MY COMMISSION#FF 032412 , - •��;- EXPIRES:October 30,2017 '•,f 9F�t;�, Bonded Thru Notary Public Underwriters CP\08-COA-00115\155 REV 3/24/14 (239) 643-0166 • ADDRESSING CHECKLIST 0 Colter County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliereov.net (239)252-2400 FAX (239)252-5724 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 pre-application meeting. please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) 0 SDP(Site Development Plan) 0 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) ❑ SIPI(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) 0 VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) 0 OTHER LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) Isles of Capri NO 1 LOT 109, LESS WLY 5FT S31 T51 R26 FOLIO(Property ID) NUMBER(s)of above(attach to, or associate with,legal description if more than one) 52344120005 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 75 Pelican Street West, 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 unpiatted properties) CURRENT PROJECT NAME(if applicable) Gaynor Boat-lift PROPOSED PROJECT NAME(if applicable) Gaynor Boat-lift PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR or PL# ori" Y+ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for, or already appearing in, condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: © Email ❑ Fax D Personally picked up Applicant Name: Jeff Rogers Phone: 239-643-0166 Email/Fax: Jeff@thanaples.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 52344120005 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: l/vw`d Date: 2/8/2017 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED PRE-APPLICATION MEETING NOTES Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 Pre-Application Meeting Notes Petition Type: 60 Date and Time: 2/1- I/ { j . J 2- Assigned Assigned Planner: dab � 3eaS t� Engineering Manager (for PPL's and FP's): Project Information 11 Project Name: S —9 („a/VA cS " W PL#: 0000 5(o 5 Property ID#: S23 44 1 z © 0 OS-Current Zoning: R-S F'- -1 Project Address: 5 94.12CO n S t, 0 City: No ,1-z) State: V L Zip: Applicant: 1-lit r (' ,. ) " ( . c, Agent Name: t-(- R o 5eA`S Phone: 235 - (9 4 3 0 1 (o b Agent/Firm Address: 15 �,..-tc.C/cveic .. c 42. State: r--1_ Zip: 341 4 b Property Owner: Ga.M .,r) Of ,T-%'1 Please provide the following, if applicable: i. Total Acreage: ' t ii. Proposed#of Residential Units: a/ 14 iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: v. If there is an Ordinance or Resolution associated with this projec please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Co er 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 PL.#:20150001611 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 2S Summer Araque Environmental Review 252-6290 summerbrownaraque@colliergov.net ❑ Steve Baluch,P.E. Transportation Planning 252-2361 StephenBaluch@colliergov.net ❑ Laurie Beard Transportation Pathways 252-5782 Lauriebeard@colliergov.net Rachel Beasley Planner 252-8202 rachelbeasley@colliergov.net ❑ Marcus Berman County Surveyor 252-6885 MarcusBerman@colliergov.net ❑ Madelin Bunster Architectural Review 252-8523 madelinbunster@colliergov.net ❑ Mark Burtchin ROW Permitting 252-5165 markburtchin@colliergov.net ❑ George Cascio Utility Billing 252-5543 georgecascio@colliergov.net ❑ Heidi Ashton Cicko Managing.Asst.County Attorney 252-8773 heidiashton@colliergov.net ❑ Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@colliergov.net ❑ Eric Fey,P.E. Site Plans Reviewer 252-2434 ericfey@colliergov.net ❑ Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@colliergov.net ❑ Nancy Gundlach,AICP, PLA Zoning Services 252-2484 nancygundlach@colliergov.net ❑ Shar Hingson East Naples Fire District 687-5650 shingson@ccfco.org ❑ John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net ❑ Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net ❑ Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphries@colliergov.net Ck Eric Johnson,AICP,CFM Zoning Services 252-2931 ericjohnson@colliergov.net ❑ Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net ❑ Stephen Lenberger Environmental Review 252-2915 stevelenberger@colliergov.net ❑ Paulo Martins Utilities 252-4285 paulomartins@colliergov.net ❑ Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto@colliergov.net ❑ Jack McKenna, P.E. Engineering Services 252-2911 jackmckenna@colliergov.net ❑ 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 ❑ Mariam Ocheltree Graphics 252-2315 mariamocheltree@colliergov.net ❑ Brandy Otero Transit 252-5859 brandyotero@colliergov.net Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.coiliergov.net (239)252-2400 ❑ Brandi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net ❑ Fred Reischl,AICP Zoning Services 252-4211 fredreischl@colliergov.net ❑ Stacy Revay Transportation Pathways 252-5677 stacyrevay@colliergov.net ❑ Brett Rosenblum, P.E. Utility Plan Review 252-2905 brettrosenblum@colliergov.net ❑ Michael Sawyer Zoning Services 252-2926 michaelsawyer@colliergov.net ❑ Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net ❑ Chris Scott,AICP Planning and Zoning 252-2460 chrisscott@colliergov.net ❑ Daniel Smith,AICP Landscape Review 252-4312 danielsmith@colliergov.net ❑ Ellen Summers Planning and Zoning 252-1032 EllenSummers@colliergov.net ❑ Scott Stone Assistant County Attorney 252-8400 scottstone@colliergov.net ❑ Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net ❑ Kris VanLengen Utility Planning 252-5366 krisvanlengen@colliergov.net ❑ Jon Walsh Building Review 252-2962 jonathanwalsh@colliergov.net ❑ David Weeks,AICP Future Land Use Consistency 252-2306 davidweeks@colliergov.net ❑ Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net ❑ Christine Willoughby Planning and Zoning 252-5748 ChristineWilloughby@colliergov.net Additional Attendee Contact Information: Name Representing Phone Email -SeW( o� er5 fell /16 I/I4AJn 4,k; 6y3'o//j, S -77f/4011/105• co-- Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Meeting Notes • c I sem 7.r. WatotAno cAsn-C-itzteAkz,v-, ei.As., 11(1An • PA/07 , • . •61 e I ♦♦♦e�� Residential Boat Dock Extension Checklist Submerged Resources Survey Checklist 1. Is there an overlay? ST overlay needs an ST permit (much of Isle of Capri & Keewaydin has an ST Overlay over the water) 2. Seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph. (LDC 5.03.06 I) Provide a submerged resources survey from an Environmental Consultant done between . P530 3. All proposed dock facilities shall be located and aligned to stay at least ten feet from any existing seagrass beds, or meet restrictions for continuous beds. (LDC 5.03.06 J.) P530 4. Provide complete answers to Secondary Criteria#5 & #6. (Use Misc in CV) 5. Demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom communities have been minimized. (LDC 5.03.06 J .4) P530 6. The dock shall be field adjusted to minimize impacts to mangroves. (LDC 5.03.06 I.2) Remove this checklist item—look at LDC? P530 7. Provide a clearing plan for removal of any vegetation related to the boat dock. This is simply an information exhibit being requested. (Use Misc in CV) 8. Are there any draft restrictions? Look at the MPP. (Use Misc in CV) Keewaydin: BDE not required for Keewaydin - Most always need an ST permit related to a Building Permit—water and land have ST Overlay Seagrass: Light penetration is needed to survive, usually in more shallow areas Submerged Resources Survey: - Read thoroughly - Check location description for street &waterway (if given) - Check to see if it was uploaded to CV - Indicate in CV "Comments box" if one was done & if it was uploaded to CV *****SEE SUGGESTED FORMAT OF SUBMERGED RESOURCES SURVEY ON NEXT PAGE***** OT-r) ,oma Dom`'4'7) 1- . 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S N ri 0 L,- 1 b v 1 BeasleyRachel Subject: PL20170000565(BDE) Location: Conf Room "C" Start: Tue 2/21/2017 1:30 PM End: Tue 2/21/2017 2:30 PM Recurrence: (none) Meeting Status: Accepted Organizer: CDS-C Required Attendees: 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; Orth Richard; 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; WickhamFlannery; WilloughbyChristine; CrotteauKathynell; RodriguezWanda; Jeff Rogers; lee@thanaples.com Planner-Rachel Beasley Fire District—Isle of Capri-Greater Naples Fire ***************************************************** ; '- ,,,:ti 44 t/ a �� i .' • �.ot- / •&. LLa`-p, • . y , ,F .� Ti S ',14,,, a ii .♦ ..� - - ' • lilp * _ iiF ..mijiiiii , f:7" , *tot Y �r • to may!"' 1. ,,++sIR w rI w 1 Project Type: Pre-Application Meeting Project Description:BDE Existing Application Name : Meeting Type: Pre-Application Meeting Preferred Date: February 15, 2017 Unavailable Date: Location: 75 pelican St W Naples, Fl 34113 Parcel Number : 52344120005 Full Name:Jeff Rogers Email: jeff@thanaples.com , lee@thanaples.com Company Name: Turrell, Hall & Associates, Inc 3584 Exchange Ave Naples, Fl 34140 Representing: Owner: Gaynor Contact Number: Work:239-643-0166 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 Page 1 of tower county rroperty Appraiser Property Summary Parcel No. 152344120005 1 Site Adr. 75 PELICAN ST W, NAPLES, FL 34113 • , Name/Address 1 GAYNOR,JILL B 3509 WATERLEAF COURT 3 City ;LOUISVILLE State 1 KY Zip 40207 I Map No. Strap No. 1 Section 1 Township 1 Range 1 Acres *Estimated 1 6631 } 426400 1096631 1 31 1 51r 26 0.18 1 Legal ISLES OF CAPRI NO 1 LOT 109, LESS WLY 5FT f Millage Area• '91 Millage Rates 0 *Calculations Sub/Condo 1426400 -ISLES OF CAPRI UNIT 1 School Other V Total 1 Use Code• 11 -SINGLE FAMILY RESIDENTIAL 5.245 6.258 11.503 Latest Sales History 2016 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) w .__ 504,0001 504 1 45.____Date 7— Book-Page Amount Land Value 1 ,000 1 04/09/15 5140-2968 $ 3,200,000 -- - ._..K _.. _._._l (+) Improved Value $660,062 03/02/04 3511-416 I $25,000 ; ; (_) Market Value 03/16/99 L 2523-2532 $ 340,000 $1,164,062 t 01/01/90 1 1498-885 $ 145,000 (—) Assessed Value $1,164,062 02/01/86 I 1178-507 $0 (_) School Taxable Value $1,164,062! _ _. (=) Taxable Value ____ __.-.___-..__.-_-- . _.._, $1,164,0621 If all Values shown above equal 0 this parcel was created after the Final Tax Roll I C ttp://www.collierappraiser.com/main search/Recorddetail.html?Map=No&FolioNum=52344120005 2/21/201 Page 1 of Lower county rroperty appraiser Property Detail Parcel No. ;52344120005 1 Site Adr. 75 PELICAN ST W, NAPLES, FL 34113 Name/Address s GAYNOR,JILL B s 3509 WATERLEAF COURT s 1 • City !LOUISVILLE State I KY I _ Zip 140207 Permits Tax Yr ! Issuer i Permit# ICO Date Tmp CO Final Bldg 1 Type 1990 COUNTY I 90-2123 ; 09/11/90 RESIDENCE h 1999 COUNTY_- 199911-0071 � T DOCK4._. - - v.— i 1999 COUNTY 9905-1556 ' _ ADDITION -----....__...._..........:__-.___...____._.._. -_..-__.------.--f___.__._...__._.._._..._.._.. -_--.--- _.-----....__ -- ----- ..---- 2003 COUNTY 0305-1744 I 04/06/04 RESIDENCE, DEMOLITION 2005 COUNTY 0401-2301 05/04/04 SEA WALL 2007.......... ... COUNTY ._..........._0305-1749.._........._._......_05/25/06.._........1._...._.........._...... -..........- - . _.__._..,_.._...._..._... RESIDENCE........_._._....__.....__.._.._..__...._...r 2007 COUNTY 0501-0455 04/20/06 DOCK 2007 COUNTY i 0509-4353 05/25/06 1I POOL Land Building/Extra Features # i Calc Code Units ' ' # 1 Year Built 1 Description i Area Adj A 10 1 RESIDENTIAL FF 70 1 10 ' 2006 i RESIDENTIAL i 2754 6237 20 I 2006 € ` SWIMMING POOL 560 560 i 30 ' 2006 I SPA _ t - 28�.-+-___28 ? 40 2006 1 BRICK DECK I 956 956 50 2006 W DECK 330 ; 330 60 1 2006 I WOOD DOCK i 571 571 ____.t_ ____.__-._ _ ________ _ —___.___.._._ -1 70 I 2004 I SEAWALL 1 75 . _ 75 S 11111 • ttp://www.collierappraiser.com/main search/Recorddetail.html?Map=No&FolioNum=52344120005 2/21/201 BD-90-9 (EY) Quin P. Hasse, President of the Board of 6/14/90 Stevens Landing Condominium Association, 4011) requesting a 50 foot boat dock extension to allow for a 110 foot boat dock facility for property located at 50-300 Stevens Landing Drive, known as Stevens Landings Condominium. CCPC 8/2/90 RES 90-8 FEE $250. 00 BD-90-10 (CB) Tripp, Day and Maher Associates, Inc. , 7/19/90 representing Les Bowen, requesting an 7 foot boat dock extension to allow for a 27 foot boatd dock facility for property located at 1371 Caxambas Court, Lot 23, Block 414, Marco Beach Unit 13 . CCPC 9/6/90 RES 90-10 FEE $250 . 00 BD-91-11 (CB) Ronald W. Morgan Construction, representing 8/7/90 Ralph & Carolyn Shockey, requesting a 50 foot boat dock extension to allow for a 70 foot boat dock facility in order to achieve adequate water depth (3 . 0 ' at MLW) for property located at 75 W. Pelican Street, Lot 109, Isles of Capri #1 . CCPC 9/6/90 RES 90-11 FEE $250 . 00 BD-90-12 (RM) Wayne Furfey of Ronald W. Morgan, Inc. , 11/14/90 representing Donald M. Sehleifer and Dina Schleifer, requesting a 5 foot boat dock extension to allow for a 25 foot boat dock facility and lift for property located at 495 Thorpe Court, Lot 5, Block 378, Marco Beach Unit 12 . CCPC 1/3/91 RES 90-12 FEE $250 . 00 BD-90-13 (CB) John C. Thiel and Karen A. Thiel, requesting a 11/27/90 62 ' boat dock extension to allow 36 ' of additional dock to be added to an existing 46 ' dock for a total protrusion of 82 ' from the property line for property located at 11 Pelican Street East, Lot 39, Isles of Capri No. 1 . CCPC 1/17/91 RES 91-1 FEE $250 . 00 BD-90-4 (CB) Ronald W. Morgan Construction, representing 4/26/90 Ralph & Carolyn Shockey, requesting a 50 foot boat dock extension to allow for a 70 foot boat dock facility in order to achieve adequate water depth (3 . 0 ' at MLW) for property located at 75 W. Pelican Street, Lot 109, Isles of Capri #1 . CCPC 6/21/90 RES 90-5 FEE $250 . 00 BD-90-5 (EY) Tripp, Day and Maher Associates, Inc. , 5/22/90 representing William Feikert, requesting a 10 foot boat dock extension to allow for a 30 foot boat dock facility for property located at 175 Hilo Street, Lot 407, Isles of Capri #2 . CCPC 7/19/90 RES 90-6 FEE $250 . 00 BD-90-6 (CB) Marco Marine Cosntruction, representing 5/30/90 Plantation Condo, requesting a 16 foot boat dock extension to allow for a 36 foot boat dock facility in order to extend out over the existing rip rap revetment along the shore for property located at 1000 South Collier Blvd. , Lot 1, Block 587, Marco Beach Unit 21 . CCPC 7/19/90 RES Denied FEE $250 . 00 BD-90-7 (EY) Ronald W. Morgan, representing Le Club 6/4/90 Caxambas, Inc. , requesting a 12 foot boat dock extension to allow a 32 foot boat dock facility for property located at 920 Collier Court, Marco Island, Lots 17, 18 & 19, block 338, Unit 10, Marco Beach Subdivision. CCPC 9/6/90 RES 90-9 FEE $250 . 00 BD-90-8 (CB) Richard Mayer of Naples Dock and Lift Systems, 6/13/90 Inc. , representing Judy and Inge Johnstone, requesting a 1 foot boat dock extension to allow for a 21 foot boat dock faciliity for property located at 354 Oak Avenue, Lot 10, Block I, Connor ' s Vanderbilt Beach Estates Unit 2 . CCPC 8/2/90 RES 90-7 FEE $250 . 00 SUBMERGED RESOURCE SURVEY Gaynor Dock Submerged Resource Survey April 461,2017 GAYNOR DOCK ADDITION 75 PELICAN ST. W NAPLES, FL 34113 SUBMERGED RESOURCE SURVEY APRIL 4TH,2017 PREPARED BY: >4141i* TURRELL,HALL&ASSOCIATES,INC 3584 EXCHANGE AVENUE,STE B NAPLES,FL 34104 Amok 1 Gaynor Dock Submerged Resource Survey April 4th,2017 1.0 INTRODUCTION The Gaynor residence is located at 75 Pelican St.W and can be identified by parcel#52344120005. The property is bound to the East and West by single family residences, to the South by several tennis courts, and to the north by Capri Pass. The property is located at Section 6, Township 52, and Range 26. The landward portion of the property currently contains a single family residence. The seaward portion of the property contains a privately owned dock that extends into state owned submerged land. Turrell, Hall &Associates was contracted to provide environmental permitting services pertaining to the proposed dock addition,which includes completion of a Submerged Resource Survey(SRS). This survey will provide planning and assistance to both the owner(s) and government agencies reviewing the proposed project. The proposed project consists of replacing the current Jet Ski lift with a platform lift. The existing dock will not be altered in any other way. The SRS survey was conducted on March 31' of 2017. Surface conditions consisted of cloudy skies, light to moderate winds out of the north east, and an air temperature of 80° F. The tide was at mid-level upon arrival to the site, allowing for observance of some of the bottom lands from the dock. However, winds, tidal currents, and boat activity both contributed to choppy waves in the pass and high turbidity in the water column, causing reduced visibility. Low tide at the project site occurred at 8:33 A.M. (0.79 ft.)and high tide occurred at 2:32 P.M. (2.3 ft.).The water temperature was 73° F. 2.0 OBJECTIVE The objective of the submerged resource survey was to identify and locate any existing submerged resources within 200' of the proposed project. The survey provided onsite environmental information to help determine if the proposed project would impact any existing submerged resources and if so would assist in reconfiguring the proposed dock in order to minimize any impacts. The general scope of work performed at the site is summarized below. • Turrell, Hall & Associates personnel conducted a site visit in order to verify the location of any submerged resources. • Turrell, Hall &Associates personnel identified submerged resources at the site(or the lack there of), estimated the percent coverage, and delineated the approximate limits of any submerged resources observed. • Turrell, Hall &Associates personnel delineated limits via a handheld GPS (Garmin Model 76csx). 2 Gaynor Dock Submerged Resource Survey April 4th,2017 3.0 METHODOLOGY Turrell, Hall & Associates biologists intentionally designed the methodology of the Submerged Resource Survey 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 survey area was evaluated systematically by following the established transects, spaced approximately 10-feet apart as shown on the attached exhibit. The existing dock provided a reference point for easily identifiable land markers such as dock pilings which assisted in maintaining position within each transect. 4.0 RESULTS The substrate found within the surveyed area consists of 1 distinct classification: sand with a high volume of shell debris.This substrate was found throughout the entire surveyed area.The shoreline consists of rip-rap rocks supporting a variety of fish as well as sessile and motile invertebrates such as barnacles and mud crabs. Some of the rip-rap rocks carried historic fragments or remains of oysters, but no live individuals were observed. Algae was observed covering parts of the submerged rip-rap but was not observed in the underlying substrate. The majority of the project site was devoid of vegetative growth, presumably because of a combination of shallow depths, high wave action and volatile tidal currents. Such conditions also create highly turbid waters, reducing penetration of the water column by sunlight.A list of observed species can be seen below in Table 1. Table 1 —Observed fish species Common Name Scientific Name Striped Mullet Mugil cephalus Sheepshead Archosargus probatocephalus Crevalle Jack Caranx hippos Barnacle Amphibalanus spp. Mud Crab Panopius herbstii 3 Gaynor Dock Submerged Resource Survey April 4th,2017 5.0 CONCLUSIONS The submerged resource survey conducted at the project site yielded few findings at best. Barnacles, mud crabs, and historic indicators of oysters could be seen on the rip-rap and pilings. Algae was observed on parts of the rip-rap, but nowhere else around the project site. Seagrasses were not observed anywhere near the project site. All fish species were observed swimming in and around the existing docking facility. Negative impacts to submerged resources are not expected with the proposed project. 4 UPDATED BDE EXHIBITS . 3 r jY kr: cv . . orit L - ' . .. ' r z ,, . ., . , , E g rYN w :14.:. - ;::::::',),.,.„..,, , , , 1 < , _ T. W �o o .%''''. '''''' ..„,'.'''.. t'''.:': , ..',. ;64.,.: . : fir q_y, ,,,,,,, , 1 S I" N n v . O meg ' ' n o / — > ''''''... ' . ..„ rt...-.i A U w r z V } O O U v= simi fp Lu J co Q Z • • Li)0_ <0 ® W a CL 0 § ;., ® coix Oj V�' D 0 co O W 4 CJI=P. Ct U ::O }w aJ - Z Wo ® J : Ce Q •, �j � i li p c7 — u-, st Q Zrr, °_ >4 V 0 z N 00 , LL M z — z3 z — CIZL) � 0 Iii lirl wH � ui00 C C oiiiI- Fdavi � p ~ O rS c� so ® W wZ ~ 0 rte .'.' 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N Community Development Division I Collier County Government 2800 North Horseshoe Drive I Naples,Fl 33942-6917 K;'. . � n ' r Phone:813 1 643-8400 �' = PLANNING SERVICES October 10, 1990 t Mr. Ronald W. Morgan Ronald W. Morgan Construction P. O. Box 15 Marco Island, Florida 33967 REFERENCE: BD-90--11, 75 W. Pelican St. TS1Qg of Capri Dear Mr. Morgan: On Tuesday, September 6, 1990, the Collier County Planning Commission heard and approved BD-90-11. C A copy of Resolution No. 90-11 is enclosed approving this use. If you have any questions, please do not hesitate to contact me. Very truly Yam, .. Kenneth W. Baginski Planning Servi6es Manager KWB/nb/4626 cc: Ralph & Carolyn Shockey Sam Colding, Property Appraiser Stephanie Smith, Project Reveiw File Enclosure 4 RESOLUTION NO. 90- 11 RELATING TO PETITION NUMBER BD-90-11 FOR AN EXTENSION OF A BOAT DOCK ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances, and WHEREAS, the Collier County Planning Commission, being the duly elected constituted Planning Commission for the area hereby affected, has held public hearing after notice as in said regulations made and provided, and has considered the advisability of a 50 foot extension to a boat docking facility in a RSF-4 zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement has been made concerning all applicable matters required by said regulations and in accordance with Section 8.46 of the Zoning Ordinance of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Commission in public meeting assembled and the Commission having considered all matters presented, NOW THEREFORE, BE IT RESOLVED BY the Collier County Planning Commission of Collier County, Florida, that the petition filed by Ronald W. Morgan Construction Company, representing Ralph & Carolyn Shockey with respect to the property hereinafter described as: Lot 109, less the westerly 8 feet thereof, Isles of Capri No. 1, as recorded in Plat Book 3, Page 41, Public Records, Collier County, Florida. , 1. All docks, or mooring pilings, whichever protrudes : the greater into the water, regardless of length shall have reflectors and house numbers four (4) inches minimum size installed at the outermost end on both sides. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number BD-90-11 be recorded in the minutes of this Commission and filed with the County Clerk's Office. Planning Commissioner Mr. Tracy offered the foregoing Resolution and moved for its adoption, seconded by Planning Commissioner Mr. Young and upon roll call the vote was: AYES: Mr. Link, Mr. Hunt, Mr. Tracy, Mr . Keyes, Mr. Smuder, Mr. Young NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this 6th day of September , 1990. COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA R. FREDERIS CHAIRMAN ATTEST: ' ,L7,---z--ef.--14, ig.,-,6# FRANK W. BRUTT, AICP EXECUTIVE SECRETARY COMMUNITY DEVELOPMENT ADMINISTRATOR MARJAO I. .;11:!"1011g/0114111 PPRO D AS TO FORM AND LEGAL SUFFICIENCY: lot141ASSISTANT COUNTY AY SWORN TO AND SUBSCRIBED BEFORE ME THIS �a2 "DAY OF 1990. C12t NO l tigglift DA ttY ect'�;t m;/EP, pI r''2.t UNKOTMUCENERALMLii COMMISSION EXPIRES BD--90-11 RESOLUTION nh/AlAn AGREEMENT I, Wayne Furfey of Ronald W. Morgan Construction Company, as owner or authorized agent for Petition BD-90-11, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on, September 6, 1990. a. All docks, or mooring pilings, whichever protrudes the greater into the water, regardless of length, shall have reflectors and house numbers four (4) inches minimum size installed at the outermost end, on both sides. PETITIONER O• A .1 REPRESENTATIVE FOR CCPC SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF 0C"Tpea-c�- , 1990. • ' ••• 4Wcg&... e4ADie— NOTARY SEith i ROTARY PUBLIC STATE OF FLORIbA MY COMMISSION NY COMISSION EXP, AU6.15,1994 EXPIRES: BONDED TRU GENERAL INS. UtNO. BD-90-11 Agreement Sheet 4414 . AGENDA ITEM 3-B MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT SERVICES DIVISION DATE: MAY 8, 1990 RE: PETITION NO: BD-90-4 AGENT/APPLICANT: Agent: Wayne Furfey Morgan Construction P.D. Box 15 Marco Island, Florida 33969 Owner: Ralph & Carolyn Shockey 75 West Pelican Street Isles of Capri, Florida 33962 1. GEOGRAPHIC LOCATION: The subject property is located at 75 West Pelican Street, on Johnson Bay and further described as Lot 109, less the westerly 8 feet thereof Isles of Capri No. 1 (see location map on following page) . 2. REOUESTED ACTION: Petitioner is requesting a 50 foot boat dock extension to allow for a total protrusion into the water way of 70 feet. 3. PURPOSE/DESCRI)TION OF PROJECT: Petitioner wishes to build a 70 foot dock in order to reach adequate water depth of 3 feet. 4. SURROUNDING LAND USE AND ZONING: Existing: RSF-4 Surrounding: North - Johnson Bay East - RSF-4 South - RMF-12 West - RSF-4 • •i: :tit¢ - -- -t- _.. • �. =-yx _w - • ,. ..1..;.:••• 4•;►_ _ i ' `:r.i{3i/ '. ...:r•.,. •a..�«�F:�, ivi=.»fi• • • _r_-'t2S"k"......'"`..:.-•$•?-• •.'f::%r • 2{�?„!. f.•.••. +.L-..r•.:M` •.*M ,. ,�. r-. .1"-' r- ':•-•-::'F..--1'.,7:. ,' •••1,:"•:•. • ;`:e.r+..... ,., `: tr+A+t-,' .-.......:--..:-.:t., :i' ., a.:_ -•' te.e . ;_,' -•s:...•, I.r:'ts7._it — <+i ::� 4•,---4'..r...;-.i••"a.,.. '?.: -.:_:Mt:� 11:t• ,',-�'• its c: .t`-,.,'"`" 1;•t`'tlP tt• 'T� Y "eh �_ Zi F ' • .. 7-..1 t{• . .. 1'[1•�i.'- E. h.,yrf r t w - _..kli.T�y�.t 7 y- r� . •••••+(- T'.}, r• t'-1. rtc_...i?. _Fein , •---, • it P-7.',4... at}• tj.s° l- -.1-4::,, .1 �, 3.. •ilk." 3 ••••n,....1.1.• ,�' .• :: 17::-';;Z. J `.' i. ' ;XI ' ..;`-f-?; r.� • ' • .•i n �.. • •. 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Number of boat houses or docks to be located on subject property in relation to water front property available? One boat dock extending a maximum of 70 feet into the waterway will be located on subject property. The subject property has 67 feet of water frontage. b. Water depth where boat dock is to be located and distance to navigable channel? Information submitted by the petitioner indicates the water depth will be 3 .0 feet at MLW. There is a 500 ft. distance between the proposed dock and the navigable channel c. Nature and speed of water current? Water currents in this area are tidal in nature. d. Land contours of property on which dock is to be located? The property slopes gradually from the seawall downward to the center of the channel. e. Effect boat dock will have on safety of users of navigable channel? The proposed boat dock facility is located along Johnson Bay and will extend a maximum of 70 feet from the seawall. Johnson Bay is a wide expansive bay, therefore this boat dock should have no adverse effect on the safety of users of the bay. f. The location length, protrusion and design of dock facilities on adjacent properties? Lots #110-211 - There is a dock on the property line between Lots #110 and #111 five feet wide running 71,-10" from property line into the bay. Lot #108 - There is a dock five feet wide running 81'-9" from property line into the bay, a minimum of 19 feet will separate this dock from the proposed dock. 2 e g The impact the extension will have upon the view of the waterway by adjacent water front property owners? Since Johnson Bay is a 1,700 ft. wide body of water, there should be no impact upon the view of the waterway by adjacent water front property owners. h. The size of the vessel intended to be moored at the dock facility? At the present time the petitioner does not own a vessel. However this petition is predicated on achieving adequate water depth (3.0 feet at MLW) . i. Natural waterbodies only: existing benthic organisms in the vicinity of the proposed extension? Environmental staff has found no environmental concerns in the vicinity of the proposed dock. 7. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the CCPC approve Petition BD-90-4, subject to the following stipulation: That all docks, or mooring pilings, whichever protrudes the greater into the water, regardless of length shall have reflectors and house numbers 4 inches minimum size installed at the outer most end, on both side. PREPARED BY: CHAHRAM BADAMTCHIAN DATE PLANNER II REVI +r BY. 444 • //9 K ETH W. AGINS DATE PLANNING SERVICE MANAGER /6"-1--(-(2/ ‘--/3—rd F W. BRUTT, AICP DATE COMMUNITY DEVELOPMENT SERVICES ADMINISTRATOR 3 4 Petition Number: BD-90-4 Staff Report for June 21, 1990 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: R. FREDERICK KEYES, CHAIRMAN BD-90-4 STAFF REPORT and 4 •P t -" 1-0. I • I • -- 4" • , ' 0, . . . • . 2 34 Ls.-.. „-__-::-;•_„--,-,i '-.77 :';'7.,"'-4. PLEASE READ REVERSE SIDE BEFORE - - - ' .- • APR • COMPLETING THIS PETITION. . • ' • 2-5.- 199 A01% 0 • .. . . . -• - BOAT HOUSE AND DOCK LENGTH EXTENSION PETITION . . PETITION NO. .110 BD — 90 - 4 DATE: . LI - %/„: PETITIONER'S NAME: ' Re,,, O, .,..5) . t-k et, ........,.__ 0...e•-...' . r‘D • PETITIONER'S ADDRESS: 1743, 1: „* te.-.; - 'iSAA.r-c , T . CA . • . . iELEPHONE: vi Li - 4 2 PROPERTY OWNER'S NAME:- V.„Al 1.A tr- C1,‘POS '311ridJ<Q>4 ` - . • PROPERTY 'OWNER'S ADDRESS: • lc gi, - 11-,r 1.41c a F Ca,r,-; - 11.7.4y1.. ci_ :3314 Z.-TELEPHONE: 4lig- 4fri N . , • LEGAL DESCRIPTION OF SUBJECT PROPERTY: . • - . Lt lbq I.Aler 0 c epti-ft A* k - V.1 C u.„6 C.c..--,‘ST S 1-.nit. Froo...-s;141 PRESENT ZONING: R s F -4 . PRESENT USE: PtrA4T-'4. io-gig 5 . ' GROUNDS UPON WHICH PETITIONER RELIES FOR THE GRANTING •OF THE EXTENSION: . . .... - • •S ., kk .c9... ....„ • .:-.. ' ' , - • . . - , . . .-: ... . . „ . . . . -, • - . - . . . . - . • ..r. ,. . • ' (Use additional paper if necessary). . . • . . ftECIJ.N:JEE $25000 • . ' _ 'IL0111. ---E'•=r21. ; - -1 (-7 12 , 7----A(?A ' • SIGN OF PETITIONER 1512 Z.,73 . ' NOTE: THIS PETITION MUST BE ACCOMPANIED BY A PLOT PLAN SHOWING THE DATA AND INFORMATION REQUIRED IN 1., ON BACK SIDE OF THIS PAGE.. ALL PLANS MUST BE FOLDED TO FIT IN A LEGAL SIZE MANILA FOLDER. ... . TOR OFFICE USE ONLY Date of Public Hearing: thPICApproval , YES NO , • . , Conditions of Approval: - • . - - _ . • - . • ... " . . . • r • . • . . . . . . . ' • .illtk, -' .• . *" : ' : !. ,'. .: • , . .. .';3. .*, ' . •••1-C• s;.: -... . .4 ,C* r .•.4: .0_ 75 •'. gl. .. . .'-' :..— . • .; • -.4.:•:•• .:.I: . '..4.t.-• . 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' ....I .. --.-- - - -- — - • i -- `--- !. _ 1 1 i- _1 • 1 ._J`_i__..! _-.L__i_ _J JO- -� ,..1 > . .I '-.1_l'. .1 I ± .1 . 1 . 1 „,-•:!-..,,.-,t, :h •m#-•,, ,a(: -.... ,.. .. . . • ▪ qit t • • .Sr '? x,-; • wc011.peas. :. . wATEAWAY le ▪. -. ;, Y,r o S $9'- 19' , t► E• .U ' .so .:,9 Imo,. V"^ - --. Am*mewl” v. � . :t'Ly ';ire., ser O► blab OW( i! ..s_�f :YSi M :i- - •,........;i.c.,.....;•..i..., .,:it,,,• •'-'-‘4"..7,.:•:,,,,, • k ) test s ; '..M.:::..7,..,-*) •in ; ��y ,• _..,7..4.2.2'::•- ::2ls�•..rK • : f S w :r�: - tib• t,: .lam; ::= <' 4:i. _ ! a .�- rr, 1q O 40 WorrE: 1%1E%Gi-iexm ;::.:::.:-.7,:.... .1:,_.0'.51'�` ' PARKIN& Zokl'� 0)4 at/ mow, F t. ., 0 lovata .. :r l,. i:.,r T--'1‘.�� 'i J THIS L c,r - Cl - s , : .. ' S: r,,Y LOT 1 In ••'!.µ7.'-;yr,- a 1( i',▪-• r:'"'1X•r';t^,,r. 9 bf+nn+ tffti KNtt ov... at ,� •▪ .•t. ,.:.y:_. +,T : . ......a' Ii 1. r r .c 1r`[ x r • ------;;-‘.. 1'; �� P C. _•. .F.1,A^ri{T.1 r3 ?_ .�,T/ 1$i. l :;f:•�y_•s. --'cx-;f1;xx..4• .&-.r S. Pel' t - oo. E. .•fes '1 'T• Vr:,,.." 1 • • lCa +j! 7i Ft cY:„=.._-.: ,,. !^ ' PELICAN STREET (.o•- w,A, ADR 25 Mil • : 1Yr4;.y : ._ l-1 Ji' STATE OFFl )UDA) • � k ' -" rnutr or a)wA1l ) •r. "- �=;� r`-•�.;„a.��- 1, Dennis M. Portella, Sr. , a Registered Land Surveyor in the State of Florida, hereby • -w.t `= > ++:y_'- :::~' rc•rIify to , its sucn:essor ;u...t-t_..` -,-•_br;- s•�.: and assigns, RItX)DES & TUCKER, ATiY., CHICAGO TITLE )tISURNNCE COMPANY, and to RALPi1 S110CKEY ; ..;.s,j-+ 7�,, ,;.,`• that the foregoing plat represents a true ...11:::::. ---+:.; • n end correct survey of the following described premises: WI' 1091 LESS THEW AY 8 FEU .r`t: .st- •4, 11 THEREOF, ISLES OF CAPRI NO. 1 hat the 1;,,, - ` as rc” riled in Plat Book 3 Page 41 Public Records, Collier County, Florida,, •': '��,•��`'�, �� 1 pen depicted hereon was made under .ay direction and meets the Mirtiminn Technical ':. -47"• `▪ `: • • Stantl,irds as•per Chapter 211111 F.A.C. To the best of my knowledge there•are no encroadmtntls: '''..:7-'''''X'• '`� ie -•-ACA'''_ miter than Shawn, no boundary line disputes, easements or clams of easements. No title :, ' :.^+°' -; ieaicii.has been made by the surveyor. :F-,-- '�; Bearings conform to Plat Book 3, Page 41 - , v .mss ti':°�• Elevations are N.G.V.D. ruin in fiam tl:i . -:-.4-1-.34e.7.-`, - `-_`` ` Street arlclress_.is_75 jelican Street, Naples, FL `rte. Properly iso in flood zone AE '�{R "� `` 1 �' 100-year florid elevation is 7.0 ▪•`.;_--::;,-,...-i-....1... .7.;•',; - BOUNDARY SU VEY PREPAIti7) FOR • =V= • : r:.r? - " - ' , CHRISTOPHER REALTY, 1NC. �� `� rarrrU UJ►-RI.'>41E ASSOC 1 Kris, 1 NC• ,Y.:"(. ::'.',i.:11.:1 .:,--:-1 /� 33941 :,• ' -,•••• ;;=�,•7.-1::.•,.6.,..-..k.• • dg.,_to. '%/� P.0. BOX 10065 • - NAMES, Ili : .:`-." =? Dennis M. Portella, Sr. •PIS1 4504 SCALE: •• 1" - 20' DATE: JANUARY 3, 1990 • 0. 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'�'s ' .+• s .�; •'_:_ -:_. •::4".:: / �'r . ± **:;� dipi `• Sayr S) -- • :r:l:_;.,. _Y#y� . i a ,n�4 a • • y lee.X00 ....;a-14-i,, •,:.:•.;,s...,;_,.., 1---..•%-il.-.1 ...... con: „ii - 0.1114,e,..-,ittilli, ..,/ t.,:,„........:„.„:�•,. 4,.,..„:„..,, or r.1 rt,,,,/ i �+�..� •:?. I�V�V��y// ' : . IRR 2 6 M a Yom`- 3a pet r E Tie APR 2 E 1990 AFFIDAVIT IT I, � � S4Dc4c _ say tha I as the owne "of the ro ert described/ being first duly sworn, depose and subject n of the proposed hearing; that all the answers to the rquestionsein and hinhthisthe application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application Must be completed and accurate before a hearing can be advertised. ' I further permit the undersigned to act as my representative in any matters regarding this Petition. • %f SIG`ATURE OF OWNS SIGNA OF OWNER • SIGNATURE OF AGENT SWORN TO AND SUBSCRIBED BEFORE ME THIS AL___ DAY OF - 1 .Ar c 19-5La-- NO TY PUBLIC ''" vi y, HOYARY PUB0r,WAITDF' a r�' MY COX4ISSION, EXPIRES: i NEvCOMMISSIONw uCu wx { zy 61 : N • • ,..-:..7.1,..:-. .!-:14:? ;i1. .. C •. . - • RESOLUTION NO. 90- 4:11 RELATING TO PETITION NUMBER BD-90-4 • 4` r. 1-4k. 2 r• FOR AN EXTENSION OF A BOAT DOCK ON •"C-.7v.4.n :- -.-' PROPERTY HEREINAFTER DESCRIBED IN .•-•;,k.'„.„:".::;,.47-v,,,-� `.:49 COLLIER COUNTY, FLORIDA. . sem° .'t-` =:s .j-.,_• „Ys.: WHEREAS, the Legislature of the State of Florida in Chapter "'''' ;•.:,,,..,.:..;:.:.:',f?; 125, Florida Statutes, has conferred o$ all counties in Florida the .:.';:,:t f . „ ;Yx;-:'�. t .:,.: power to establish, coordinate and enforce zoning and such business T; regulations as are necessary for the protection of the public, and _ WHEREAS, the County pursuant thereto has adopted a •Lw • = • Comprehensive Zoning Ordinance establishing regulations for the • i! ',:.;: •. zoning of particular geographic divisions of the County, among which is the granting of variances, and WHEREAS, the Collier County Planning Commission, being the duly elected constituted Planning Commission for the area hereby i. " affected, has held public hearing after notice as in said ..",,%:•;--.:.,:-.“-f.:',, regulations made and provided, and has considered the advisability of a 50 foot extension to a boat docking facility in a RSF-4 zone -.; ,-.•._.•..,i..,.-2,2 4. for the property hereinafter described, and has found as a matter a: of fact that satisfactory provision and arrangement has been made • concerning all applicable matters required by said regulations and • • _:_•:•:. ;;._.-;•, in accordance with Section 8.46 of the Zoning Ordinance of Collier " -k:,= :t- , • county, and • i. -7. .'I Y`- WHEREAS, all interested parties have been given opportunity to .:. ::;,=;;•ti,y: =�i6:f be heard by this Commission in public meeting assembled and the .: h -/ - Commission having considered all matters presented,s ::mak; 4 ' • 1. A11 docks, or mooring pilings, whichever protrudes the greater into the water, regardless of length shall have reflectors and house numbers four (4) inches minimum size installed at the outermost and -'.: 1-1- 1-VIIFArtrIt`71i* on both sides. - BE IT FURTHER RESOLVED that this Resolution relating to - • Petition Number..BD-9C-4- 7000.64 4:4 7'016: .44 comi 6 6-ton',464- fiti4 ijtj tJe tourity et-4416 6'Off-4,4-;... ko41 PlETP4107'CORiLsAJAPOOr offered the foregoing Resolution and moved for its adoption, seconded by 4;7 Planning Commissioner and upon roll call the vote _ '1,7- • was: AYES: NAYS: . . • ABSENT AND NOT VOTING: ' ABSTENTION: • • Done this day of , 1990. ; COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA R. FREDERICK KEYES, CHAIRMAN ATTEST: FRANK W. BRUTT, AICP . EXECUTIVE SECRETARY COMMUNITY DEVELOPMENT ADMINISTRATOR • •Ak`t, APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ;- MARJORyE M. 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Z Z ih O tM M Z Z AGENDA ITEM 3-I Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: OCTOBER 12, 2017 SUBJECT: PDI-PL20170002630; BUCKLEY PUD OWNER/APPLICANT: AGENT: Pulte Home Company, LLC Lindsay F. Robin, MPA 24311 Walden Center Dr. #300 Waldrop Engineering, P.A. Bonita Springs, FL 34134 28100 Bonita Grande Dr. #305 Note: Five fee simple lots are owned by individual homeowners Bonita Springs, FL 34135 REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial change to the Buckley PUD by reducing the minimum lot area of the single-family detached dwelling units from 5,400 square feet to 5,000 square feet and by reducing the minimum lot width from 45 feet to 40 feet. GEOGRAPHIC LOCATION: The subject property is located at the northwest quadrant of the intersection of Airport-Pulling Road(CR 31)and Orange Blossom Drive in Section 2,Township 49 South,Range 25 East,Collier County, Florida. (see location map on following page) PDI-PL20170002630 Buckley PUD Page 1 of 8 August 23,2017 C%r t , 3 r MIM11 a ca p 2 k m a C •c s o ®�� '14 gligiP a C04 E CO 1 , p cD i.� 7 /! N J Z °- L N 1 ID D Z 4 C O i I III 6 a I r Cl+ ( 1 1 Z AIRPORT PULLING RO N_,:___, , - _ _ _ L.T. o r, o _ ► aco i a . r -1 ; PDI-PL20170002630 Buckley PUD Page 2 of 8 August 23, 2017 PURPOSE AND DESCRIPTION OF PROJECT: In 2005, the property was rezoned from Rural Agricultural (A) to Mixed Use Planned Unit Development (MPUD)pursuant to Ordinance 2005-05 allowing for a maximum of 251 dwelling units,74,230 square feet of retail,and 97,070 square feet of office space. In 2014,the property was rezoned from MPUD to MPUD pursuant to Ordinance 14-24 allowing for a maximum of 239 multi-family residential units, and a maximum of 162,750 square feet of retail, office and service uses. A companion Growth Management Plan(GMP)Amendment was approved with Ordinance 14-23, which modified the underlying Buckley Mixed Use District removing the office and retail caps,providing for a conversion ratio for non-residential and residential uses,and further limiting commercial uses, and vertically integrated mixed-use development within the project. In 2016, there was a PUD amendment via Ordinance 16-10 allowing for single family detached and two- family/duplex dwellings as permitted uses, development regulations, various deviation additions and modifications, and revised developer commitments. On July 18, 2017, the petitioner applied for this insubstantial change to the Buckley MPUD to modify the residential development standards for single family detached dwellings by reducing the minimum lot area from 5,400 square feet to 5,000 square feet and reducing the minimum lot width from 45 feet to 40 feet,which the petitioner claims will allow for a wider size range of single family detached dwellings. SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the subject property: North: Adult Congregate Living Facility/Adult Living Facility/Skilled Nursing facility (HarborChase of Naples), zoned Brighton Gardens Planned Unit Development (PUD). East: Right-of-way for Airport-Pulling Road;then farther east is a canal; still farther east is developed residential(Lakeside of Naples), zoned PUD and a church(St.Katherine's Greek Orthodox Church), zoned Rural Agricultural(A)with a Conditional Use(CU) for a church. South: Collier County Library Headquarters,zoned A with a CU for a governmental facility. West: Single-family residential(Emerald Lakes),zoned Emerald Lakes PUD at a density of 3.54 dwelling units per acre. PDI-PL20170002630 Buckley PUD Page 3 of 8 August 23, 2017 -A,If.:';'. - ' ,i,',',`e, .°.'1•1.'!"14t-e*s , :mole,055. •:‘• i rr,A ..,_. %, *„.f,' ..-.,,r, -1," -n•-t10, .04"' r, V e n t u r a WAY a ` .., ,•...I.....--,..,...4..or.... .,..,,'470., ,,v.,. ,A, Mil ' ';',1*. i" * ""himinir......+1416111•111Mocity44111.(-0 §u3,3/3eb,,bowilmoommillilaymbemearrnr1 now.. L,w,..............0, ,,,,,.......... ca , , S- 33.-. 4.-.11 13,ViNi.f-AA-rS # 14 G d t. 7, \\airier rtimil;tri4 Nil .'1.•rt:,i4s 1 ,tttet,r.I.'Lc.T.15I-L55L-4•,.2'4' ',>14''.-,,' ,' *#,:, „I' .... ie.7 4'3 Subject 1 Property it, P..,. rz : ,-,„•:, 41, ar r., *,It V ,....1-,•:-.i...r.-,...... EA:1,sr ,,,, ..„, •... ,.11;?"-,. • ..,_.,- ''.1 yy A 5- • 51.5 _ EIONTFAFVO 411.... lc! #,,4 u , " - ,z 4( A.,. ,„ 4 t, ,, '..K. 0 '.1 ',- , - -''''' - lea Itfl _.... ......' •-, 44,:° -A: 4' ' 115' • r A V. 1,r -A,AY .7'' GR:'Vf s' 415°'-4' 4-4-45-4014417;fERIPILC4Z..Z!, . ' , '.- **---."..'*'' i'l,***-'41' -la•'.-5,s5 .;,' .,'' L,c f u b pus la, •., s kf 5,4,e4r.,,g ", .... )fl 'lb liiriPi daii/441414c i ' -,, """ , j i I SILNA4 - A • :!.4'...i.,.1.79-p-:.l' ' ,•0,orr:dr,-....HR 1 '4 -, ,../=!:...,' -t \ 1, 33 r.... ...b. , ,. °." ,‘ -I.-1 i3 4 C 1T 13,r a '1:: -_-., ,-,' . .,i-,,„-'. •.1 - , ..4,,,, 4 "I r lect., 1 - ' f 14% w bh ,- .nr- Aerial(County GIS) STAFF ANALYSIS: Comprehensive Planning: Because this application is not adding uses or increasing the intensity of the previously approved uses in the Buckley MPUD, it is consistent with the Future Land Use Element(FLUE) of the GMP. Conservation and Coastal Management Element: Environmental staff has evaluated the proposed changes to the PUD documents and found no issue with consistency. Transportation Element: Transportation Planning staff has evaluated the proposed changes to the PUD documents and found no issue with consistency. Sections 10.02.13.E.1 and I0.02.13.E.2 of the Land Development Code set forth the criteria by which insubstantial amendments to a PUD Master Plan and/or minor text changes to a PUD document are to be reviewed before they can be approved. The criteria and a response to each have been listed as follows: PDI-PL20170002630 Buckley PUD Page 4 of 8 August 23,2017 1 10.02.13.E.1 a. Is there a proposed change in the boundary of the Planned Unit Development(PUD)? No,there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No,there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. c. Is there a proposed decrease in preservation,conservation,recreation,or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such,or five(5) acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open space),or a proposed relocation of nonresidential land uses? There would be no increase to the size of areas used for non-residential uses and no relocation of non-residential uses. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation;changes in traffic circulation; or impacts on other public facilities? No,there are no substantial impacts resulting from this amendment. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? The proposed amendment would not result in land use activities that generate higher levels of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers. g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? No, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. PDI-PL20170002630 Buckley PUD Page 5 of 8 August 23,2017 h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. There will be no incompatible relationships with abutting land uses. i. Are there any modifications to the PUD Master Plan or PUD Document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No. Staff from Comprehensive Planning staff determined the proposed changes to the PUD Document would be consistent with the FLUE of the GMP. Both environmental and Transportation Planning staff reviewed this petition,and no changes to the PUD Document are proposed that would be deemed inconsistent with the CCME or the Transportation Element of the GMP. This petition does not propose any increase in density or intensity of the permitted land uses. j. The proposed change is to a PUD District designated as a Development of Regional Impact(DRI)and approved pursuant to Chapter 380.06,Florida Statues,where such change requires a determination and public hearing by Collier County pursuant to Sec.380.06(19),F.S. Any change that meets the criterion of Sec.380.06(19)(e)2.,F.S., and any changes to a DRUPUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. The project is not a DRI. k. Are there any modifications to the PUD Master Plan or PUD Document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? Based upon the analysis provide above, the proposed change is not deemed to be substantial. Section 10.02.13.E.2 Does this petition change the analysis of the findings and criteria used for the original application? (Rezone Findings are attached to this Staff Report as Attachment"A".) No, the proposed changes do not affect the original analysis and findings for the original application. DEVIATION DISCUSSION: No deviations are being requested as part of this application. PDI-PL20170002630 Buckley PUD Page 6 of 8 August 23,2017 NEIGHBORHOOD INFORMATION MEETING(NIM): NIM was waived via email correspondence from HEX Examiner Mark Strain on August 31,2017. (Attachment B) COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report on September 19,2017. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI- PL20170002630. Attachments: A) Support Material Provided by Staff B) Application and Support Material i PDI-PL20170002630 Buckley PUD Page 7 of 8 August 23,2017 PREPARED BY: Ti )1/ 17 TI OTHY ,AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: ob /sJi7 RAYM�� V. BELLOWS,ZONING MANAGER DE ZONIN DIVISION 9-zv- I� MIKE BOSI,AICP,DIRECTOR DATE ZONING DIVISION PDI-PL20170002630 Buckley PUD Page 8 of 8 August 23,2017 +Co er 4 "-"#o14.1- 1LY Growth Management Department Zoning Division/Comprehensive Planning Section MEMORANDUM To: Tim Finn,Principal Planner Zoning Services Section,Zoning Division From: Sue Faulkner,Principal Planner Comprehensive Planning Section,Zoning Division Date: August 18,2017 Subject: Future Land Use Element(FLUE)Consistency Review PETITION NUMBER: PDI-PL20170002630 Rev: 1 PETITION NAME: Buckley MPUD REQUEST: To amend Buckley MPUD(Mixed Use Planned Unit Development),approved via Ordinance #05-5 (subsequently repealed), as amended via Ordinance #16-10, to modify Exhibit `B' Residential Development Standards-Table 1 with two Insubstantial Changes to the Planned Unit Development(PDI): • Single-family detached to reduce the minimum lot area from 5,400 square feet to 5,000 square feet • Single-family detached to reduce the minimum lot width from 45 feet to 40 feet LOCATION:The subject site,comprising+21.7 acres,is located on the west side of Airport-Pulling Road (CR 31)and+330 feet north of Orange Blossom Drive, immediately north of the Collier County Regional Library; in Section 2,Township 49 South,Range 25 East. COMPREHENSIVE PLANNING COMMENTS: The subject site is designated Urban, Urban Mixed Use District, Buckley Mixed Use Subdistrict, on the Future Land Use Map of the Collier County Growth Management Plan (GMP). In the Future Land Use Element (FLUE) of the GMP, this Subdistrict reads, "The intent of this Subdistrict, which comprises 21.7 acres, is to allow for limited retail, office and residential uses while allowing for the development of a mixed-use development. The Activity Centers to the North and South provide for large-scale commercial uses,while this Subdistrict is intended to promote convenience and intermediate commercial development to serve existing and future residential development in the immediate area. This Subdistrict will serve to reduce existing trip lengths for convenience and intermediate commercial services. Commercial uses for the purpose of this section are limited to those permitted and conditional uses allowed in the C-1, C-2 and C-3 Zoning Districts except as noted below. The development of this Subdistrict will be governed by the following criteria." The site is zoned Buckley MPUD(Mixed Use Planned Unit Development)consistent with the Subdistrict. This petition does not seek to increase the number of DUs - currently approved at 239 DUs—nor add or make changes to commercial uses or intensities. Two insignificant changes are proposed: reduce the minimum lot area and reduce the minimum lot width. These modifications to the development standards will allow for a larger variety of single-family detached product types. 2800 North Horseshoe Dr., Naples, FL 34104 Page 1 of 2 Relevant FLUE Objectives and policies are stated below (in italics); each policy is followed by staff analysis (in bold). FLUE Policy 5.4: New developments shall be compatible with,and complementary to,the surrounding land uses,as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). [Comprehensive Planning leaves this determination to the Zoning Services Section's staff as part of their review of the petition in its entirety.] FLUE Objective 7 and Relevant Policies: Given the nature of this petition and the minor changes proposed(no changes in permitted uses, densities, or intensities), staff is of the opinion that a re-evaluation of FLUE policies under Objective 7(pertaining to access, interconnections,walkability, etc.)is not necessary. These policies were recently evaluated during staff's consistency review of the Buckley Planned Unit Development Amendment (PUDA) petition, approved April 12, 2016. CONCLUSION Based upon the above analysis, the proposed PDI may be deemed consistent with the Future Land Use Element of the Growth Management Plan. PETITION ON CITYVIEW cc: Mike Bosi,AICP,Director,Zoning Division David Weeks,AICP,Growth Management Manager,Zoning Division,Comprehensive Planning Section Ray Bellows,Manager,Zoning Services Section PDI-PL2017-2630 Buckley R1.docx 2800 North Horseshoe Dr., Naples, FL 34104 Page 2 of 2 FINDINGS OF FACT: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below. PUD FINDINGS: LDC Subsection 10.02.13.B.5 states that,"In support of its recommendation,the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria in addition to the findings in LDC section 10.02.08": 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land,surrounding areas, traffic and access, drainage,sewer,water, and other utilities. The proposed option of allowing single-family and two-family/duplex dwellings would be compatible with the approved uses and existing development in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that arc not to be provided or maintained at public expense. Documents submitted with the application,which were reviewed by the County Attorney's Office, demonstrate unified control of the property.Additionally,the development will be required to obtain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals,objectives,and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the Growth Management Plan (GMP) Consistency portion of this Staff Report(or within an accompanying memorandum). 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements,restrictions on design,and buffering and screening requirements. As described in the Analysis Section of this Staff Report,staff is of the opinion the proposed project will be compatible with the surrounding area. Both Master Plans show a Type"C" Buffer would be created along the west property line. Landscape Buffers(of varying types dependent on which Master Plan is utilized)would be installed along the north, south,and east property lines as well. The MPUD would also contain common themes related to architecture, signage, lighting, and landscaping as identified in the Developer Commitments(Exhibit F) of the PUD Document. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. According to a note on the Exhibit C — Master Plan for Single-family and Two- family/Duplex,the project would provide 13.03 acres or 60%of the 21.72-acre site as open space. This open space includes areas such as lakes, buffers, pervious area within the rights-of-way and on individual lots, and other open space. Therefore,the amount of open space set aside for this project meets the minimum requirement of the LDC. Also, the maximum lot coverage for all buildings is capped at 35%for the total project as per General Note #1 in the Developer Commitments (Exhibit F) of the PUD Document. If this amendment is approved,usable open space would be further addressed at the time of Site Development Plan (SDP)or plat(PPL)review,whichever is applicable. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or PPL), at which time a new TIS will be required to demonstrate turning movements for all site access points. The applicant has committed to pay their proportionate share of intersection improvements to the intersection of Airport- Pulling Road and Orange Blossom Drive which is currently under study by the County. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. No changes are proposed to the MPUD boundary. The area has adequate supporting infrastructure such as wastewater disposal systems and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations,or as to desirable modifications of such regulations in the particular case,based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking two amend one(1) existing deviation and requesting six (6) new deviations. Staff supports the proposed amendment to Deviation#1 and most of the new deviations (i.e., #3, #5, #6, #7, and#8), with the exception of Deviation #4. Staff does not support this deviation based on the applicant's lack of compelling justification for it. Please refer to the Deviation Discussion portion of the staff report for a more extensive examination of this and the other deviations. Rezone Findings: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable": 1. Whether the proposed change will be consistent with the goals,objectives,and policies of the Future Land Use Map and the elements of the Growth Management Plan. Comprehensive Planning staff determined the subject petition is consistent with the goals, objectives, and policies of the FLUM and other elements of the GMP. 2. The existing land use pattern. The existing land use pattern (of the abutting properties) is described in the Surrounding Land Use and Zoning section of this staff report. Staff determined the proposed residential land uses in connection with this amendment are appropriate for this area of the County. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. This amendment would not change the MPUD zoning of the subject property. The petitioner is requesting to add single-family and two-family residential land uses to the existing MPUD. Adding these types of dwellings would be akin to creating a PUD (or an RPUD). The abutting land to the west is zoned PUD and developed with single-family homes. The adjacent land to the east is zoned PUD and developed with residential uses. Therefore, approval of this amendment would not create a district unrelated to adjacent or nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The boundaries of the MPUD would not be altered by this proposed amendment. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek such changes. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Staff does not anticipate the new uses would adversely impact living conditions in the neighboring community. _ , r 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has sufficient capacity to serve the proposed project at this time. The project is subject to the Transportation commitments contained in the PUD ordinance,which includes provisions to address public safety. 8. Whether the proposed change will create a drainage problem; The proposed change will not create a drainage problem as the applicant will be required to submit a SFWMD permit and all required stormwater documentation to County staff to be evaluated during the development review process. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; It is not anticipated that this amendment would significantly reduce light or air to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. This is a subjective determination based upon anticipated results,which may be internal or external to the subject property.Property valuation is affected by a host of factors including zoning;however,zoning by itself may or may not affect values, since value determination is driven by market value. There is no guarantee that the project will be marketed in a manner comparable to the surrounding developments. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The abutting and adjacent lands are already developed. Longview Center, which is currently vacant land located in close proximity to the subject property, was previously approved for mixed-use development (commercial and residential). Staff does not anticipate the proposed amendment at the subject site would be a deterrent to the improvement of the vacant Longview Center to the southeast or any other adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed development complies with the GMP through the proposed amendment, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property may still be developed within the parameters of the current PUD Document; however, there are no substantial reasons to prohibit the inclusion of the requested residential uses. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. It is staff's opinion the proposed uses and associated development standards and developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to fmd other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not specifically review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan (SDP) or platting approval process (PPL), whichever is applicable, and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities, except as may be exempt by federal regulations. This petition has been reviewed by county staff responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. The concurrency review for adequate public facilities is determined at the time of an SDP or PPL, whichever Master Plan is applicable. IN 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC)shall deem important in the protection of the public health,safety,and welfare. To be determined by the BCC during its advertised public hearing. COLLIER COUNTY Growth Management Department September 27, 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 10:00 A.M.,on October 12th,2017, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. PDI-PL20170002630—PETITION NO. PDI-PL20170002630—PULTE HOME COMPANY,LLC REQUESTS AN INSUBSTANTIAL CHANGE TO THE BUCKLEY MPUD, ORDINANCE NO. 14-24, AS AMENDED, TO REDUCE THE MINIMUM LOT AREA AND MINIMUM LOT WIDTH FOR SINGLE FAMILY DETACHED DWELLING UNITS.THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF AIRPORT-PULLING ROAD AND ORANGE BLOSSOM DRIVE, IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY FL, CONSISTING OF 21.7±ACRES. 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)-252-4312 to set up an appointment if you wish to review the file. Sincerely, [lariat* ginn Timothy Finn Principal Planner NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 10:00 A.M., October 12th, 2017, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: PETITION NO. PDI-PL20170002630—PULTE HOME COMPANY,LLC REQUESTS AN INSUBSTANTIAL CHANGE TO THE BUCKLEY MPUD, ORDINANCE NO. 14- 24, AS AMENDED,TO REDUCE THE MINIMUM LOT AREA AND MINIMUM LOT WIDTH FOR SINGLE FAMILY DETACHED DWELLING UNITS. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF AIRPORT-PULLING ROAD AND ORANGE BLOSSOM DRIVE, IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL, CONSISTING OF 21.7±ACRES. r hs� I VANDERBILT BEACH RD 1S .; PROJECT ,r - D ' T Q ' rr LOCATION 70 z- .c W..., • O &1 {" z si • 70 O l� N sr . + % r > Z 114 • „ r • All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite #101, Naples, Florida 34112- 5356, (239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida September 27,2017 ND-1763523 0 PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT:9/22/2017 12:02 PM SALES PERSON: lvonne Cori PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:09/27/17 ND-1763523.INDD SIZE:3 col X 9-25 in I1 WALDROP BUCKLEY MPUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 NIM WAIVER EMAIL Lindsay Robin From: StrainMark <MarkStrain@colliergov.net> Sent: Thursday, August 31, 2017 7:12 AM To: Alexis Crespo Cc: 'Richard Yovanovich'; 'Mike Hueniken';Jeremy H.Arnold; FinnTimothy; Lindsay Robin Subject: RE: Buckley PDI (PL2017-2630) NIM Waiver Request In response to the subject insubstantial change waiver request: pursuant to LDC section 10.03.06.H.2 as amended by Ordinance 2014-33,the requirement for a neighborhood informational meeting(NIM) is waived. The change requested is insubstantial and limited in scope with minimal, if any, impact on adjacent properties. Mark 239.252.4446 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. From:Alexis Crespo [mailto:Alexis.Crespo@waldropengineering.com] Sent:Wednesday,August 30, 2017 3:31 PM To:StrainMark Cc: 'Richard Yovanovich' ; 'Mike Hueniken';Jeremy H.Arnold ; FinnTimothy; Lindsay Robin Subject: RE: Buckley PDI (PL2017-2630) NIM Waiver Request Good Afternoon, Attached please find correspondence sent to new owners within the Buckley MPUD notifying them of the pending PDI. These were sent out via certified mail today(receipts also attached). Please note of the five (5) recipients, only Mr. Lennox has closed on his home at present time. All other purchases are pending,and we anticipate the closing will occur before the PDI goes to the BCC in November. If you need anything further, please let me know. Thanks, Alexis V. Crespo,AICP, LEED AP Vice President of Planning M! WALDROP ENGINEERING C.,WANIMMK, PLAMONG t.10404,4frt morteruiti Direct:E:alexisc@waldropengineering.com I C:(239)850-8525 Office: P:(239)405-7777 ) F:(239)405-7899 www.waldropengineering.com 1 !A: WALDROP BUCKLEY MPUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 SIGN POST AFFIDAVIT JJGN POSTING INSTRUCTIONS (CHAPTER 8,COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code,Chapter 8 E. I. 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 TIIE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED Lindsay Robin 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 PL20 70002630 S2810� ,� Bonita Grande Dr. #305 0,. f t +F •4' ANT R A STREET OR P.O.BOX Lindsay Robin Bonita Springs, FL 34135 NAME(TYPED OR PRINTED) CITY,STATE ZIP STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this Ze- T�'E day of Stilk14413ria , 20 1/ by 1-11Qcshi eOtStN ,personally known to me or-who-produced- as identification and who did/did not take an oath. t, ( ,_ KIMBERLY BAILEY Signature of otary Public t �_ Notary Public-State ofFlorida• ' Commission N GG 074407 f\• Bonded`•,:' My Comm.Expires May 7,2021 11�,Al:1t!t y Pottny ( through National Notary Assn. ) Printed Name of Notary Public My Commission Expires: (Stamp with serial number) Rev.3/4/2015 - t 4:4- 1.1W - • ' "•. .- . . •, <� '4' .pURLIC HEARING REQUESTING1N INSUBSTANTIAL CHANGE x i , TO A PLANNED UNIT DEVELOPMENT1 (PDI) PETITION #: PDI-PL20170002630H BUCKLEY OMPUDRO OF COUNTY C-TO BE 110000 COMMISSIONERS PIM BY THE COLLIER COUNTY PETITION NO POI-P000110002630-MATE HONE COMPANY,LLC REQUESTS AN INSUBSTANTIAL CHANGE TO THE BUCKLEY MOST.ORDINANCE M0.14.24,AS AMENDED,TO REDUCE THE MINIMUM LOT AREA ANO MINIMUM LOT WIDTH FOR SIN0LE FANRY 00100002.210,.,1,4.- WEILIN6 UNITS.THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF AIRPORT-PULLING ROAD AND ORANGE 0100000 DRIVE.IN SECTION 2,TOWNSHW 49 SOUTH.RANGE 25 w EAST.COLLIER COUNTY.FLORIDA:CONSISTING OF 21.7.1-ACRES. ANNER HEX DATE:OCT.121h.2017 10:00AM CONTACT'2 TOOTHY13112 N'TIMOTX EI N89COPAL lLI0000VNFT BCC DATE,NOY.141h,2017-9,00AM LOCA➢OX EORHE(HEARING GROWTH NANA"v0NENT 0EPER*MENT 11010140 EARNER MEETING 0004 II9,2800 NORTH 11011505X00 DRIVE NAPLES-#104104 34104 LOCAIMR WR 6CC 00 4tNG iXE ABOVE 70 BE XELO IH THE 00100 OF COUNTY COXNf540NER5 CHAMBER$.THIRD FLOOR, LOWER COUNTS GOYEPMMEN1 CENIEA,�299 149000019001 0151000,5.Mi,409100,0100120 33112• A PUBLIC HEARING REQUESTINGNAN INSUBSTANTIAL CHANGE. . > ° TO A PLANNED UNIT DEVELOPMENT(PDI) PETITION #: PDI-PL20170002630 BUCKLEY MPUD-TO BE HEARD BY THE COLLIER COUNTY HEARING EXAMINER(HEX)8 BOARD OF COUNTY COMMISSIONERS(BCC) PETITION NO,POI-PL20170002630-POLIO HOME COMPANY,LLC REQUESTS AN INSUBSTANTIAL CHANGE TO THE BUCKLEY MOUS,ORDINANCE NO.14.24,AS AMENDED.TO REDUCE THE MINIMUM LOT AREA AND MINIMUM LOT WIDTH FOR SINGLE *FAMILY DETACHES DWELLING UNITS. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF AIRPORT-PULLING ROAD AND ORANGE BLOSSOM DRIVE.IN SECTION 2,TOWNSHIP 49 SOUTH,RANGE 25 EAST,COLLIER COUNTY.FLORIDA;CONSISTING OF 21.1.%ACRES. HEX DATE:OCT.12111,2017•10:00AM CONTACT:TIMOTHY FINN,MCP,PRINCIPAL PLANNER BCC DATE:NOM.14th,2017-9:00AM PHONE:(2301 2524312 TIMOTHYFINNA`COLLIERGOV.NET LOCATION FOR HEXHFARL110'GROWTH MANAGEMENT DEPARTMENT,HEARING EXAMINER MEETING ROOM 609,2400 NORTH HORSESHOE DRIVE.NAPLES.FLORIDA 34124 LOCATION FOR BCC HEARING:THE ABOVE TO BE HELD IN THE BOARD OF COUNTY CONMISSONEBS CHAMBERS THIRD FLOOR, t COLLIER COUNTY GOVERNMENT CENTEA43299 TANIAMI TRAIL EAST(00.411,NAPLES,FLO'„ ,; WALDROP BUCKLEY MPUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 PDI APPLICATION Goer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 INSUBSTANTIAL CHANGE TO A PUD (PDI) LDC subsection 10.02.13 E&Code of Laws section 2-83—2-90 Ch.3 G3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): Pulte Home Company, LLC Address: 24311 Walden Center Dr. #300 City: Bonita Spr nags State: FL ZIP: 34134 Telephone: 239-495-4833 Cell: 561-906-7967 Fax: N/A E-Mail Address: mike.hueniken@pultegroup.com Name of Agent: Lindsay Robin Folio#:See attached Folio listSection: 2 Twp: 49 S Range: 25 E Firm: Waldrop Engineering, P.A. Address: 28100 Bonita Grande Dr. #305 City: Bonita Springs State: FL ZIP: 34135 Telephone: 239-405-7777 Cell: 561-704-7633 Fax: 239-405-7899 E-Mail Address: lindsay.robin@waldropengineering.com 02/24/2017 Page 1 of 5 Coer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? ❑✓ Yes n No ❑ 1. If applicant is a land trust, so indicate and name the beneficiaries below. ]- 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. • 4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. f 5. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. ▪ 6. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below: (If space is inadequate, attach on separate page) See attached List of Identifying Property Owners DETAIL OF REQUEST On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. PROPERTY INFORMATION PUD NAME: Buckley MPUD ORDINANCE NUMBER: 16-10 FOLIO NUMBER(S): See attached Folio list. Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? n Yes ❑No 02/24/2017 Page 2 of 5 Caber County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 If no, please explain: N/A Has a public hearing been held on this property within the last year? ❑✓ Yes ❑ No If yes, in whose name? Pulte Home Corporation Has any portion of the PUD been ❑SOLD and/or❑✓ DEVELOPED? Are any changes proposed for the area sold and/or developed? nYes ❑ No If yes, please describe on an attached separate sheet. Approximately 4 lots have been developed pursuant to PPL2015-0002371 02/24/2017 Page 3 of 5 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQ IRRT ED Completed Application (download current form from County website) 16 x I I Pre-Application Meeting notes Waived. See Email from Ray Bellows 1 I I x Project Narrative, including a detailed description of proposed changes 16 1 X and why amendment is necessary Detail of request I I n Current Master Plan & 1 Reduced Copy X Revised Master Plan & 1 Reduced Copy I I X Revised Text and any exhibits PUD document with changes crossed through & underlined I x PUD document as revised with amended Title Page with Ordinance# I I Ix I _ Warranty Deed I I Ix I U Legal Description I I x Boundary survey, if boundary of original PUD is amended U x If PUD is platted, include plat book pages Ix List identifying Owner& all parties of corporation 2 x I I Affidavit of Authorization, signed & notarized 2 x Completed Addressing Checklist 1 IXI Copy of 8 1/2 in. x 11 in.graphic location map of site 1 I I Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all materials 7 (xI I I to be submitted electronically in PDF format. *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 02/24/2017 Page 4 of 5 ftio, Co er County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS–INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ® School District(Residential Components):Amy ❑ Bayshore/Gateway Triangle Redevelopment: Lockheart Executive Director X❑ Utilities Engineering:Eric Fey ❑ Parks and Recreation:Vicky Ahmad ki Emergency Management:Dan Summers ❑ Naples Airport Authority:Ted Soliday ❑ Conservancy of SWFL:Nichole Ryan ❑ Other: ❑ City of Naples:Robin Singer,Planning Director ❑ Other: FEE REQUIREMENTS 0 PUD Amendment Insubstantial(PDI):$1,500.00 0 Pre-Application Meeting:$500.00 ❑✓ 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. 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 Planning and Regulation ATTN:Business Center 2800 North Horseshoe Drive — Naples,FL 34104 J� 7/17/2017 Agent/Owner� Si atlur ic, Date Lindsay Robin Applicant/Owner Name(please print) 02/24/2017 Page 5 of 5 11 WALDROP BUCKLEY MPUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 PRE-APPLICATION WAIVER EMAIL FROM RAY BELLOWS Lindsay Robin From: BellowsRay <RayBellows@colliergov.net> Sent: Wednesday,July 12, 2017 2:29 PM To: Lindsay Robin;Alexis Crespo Cc: JohnsonEric; ScottChris; SernaBritoAlma; DeBlasiisJohn Subject: FW: Pre-App Waiver Request- Buckley PDI Attachments: Ordinance 2016-10.pdf Hi Lindsay, The pre-app can be waived since Eric worked on the last amendment to this PUD and is knowledgeable of the development standards. However, I recommend that Eric call you (telephone pre-app) in order to get a better understanding of the reason the change is necessary. He can also check with Chris Scott due to his involvement with the recent permitting issues. Rag Raymond V. Bellows, Zoning Manager Zoning Division-Zoning Services Section Growth Management Department Telephone:239.252.2463; Fax: 239.252.6350 Co_ --r County From: Lindsay Robin [mailto:Lindsay.Robin@waldropengineering.com] Sent:Wednesday,July 12,2017 9:34 AM To:BellowsRay<RayBellows@colliergov.net> Cc:Alexis Crespo<Alexis.Crespo@waldropengineering.com>;Jeremy H.Arnold <Jeremy.Arnold@waldropengineering.com> Subject: Pre-App Waiver Request-Buckley PDI Hi Ray, We have been asked to file a PDI to allow for the following changes to the above reference MPUD. I've attached the ordinance for your reference. Due to the straight forward and limited nature of the request,we were hoping to waive the pre-application meeting.Can you review and let us know if we need to meet in advance of submittal? • Reduce the minimum lot width for single-family detached from 45 feet to 40 feet on the Residential Development Standards Table; and • Reduce the minimum lot area for single-family detached from 5,400 square feet to 5,000 square feet on the Residential Development Standards Table. Thanks very much for your consideration. Let us know if you have any questions. Lindsay F. Robin,MPA Project Planner 1 WALDROP • ENGINEERING "" CIVIL ENGINEERING I PLANNING I LANDSCAPE ARCHITECTURE Direct: E: lindsay.robin@waldropengineering.com Office: P: (239)405-7777 I F: (239)405-7899 www.waldropengineering.com NOTICE: Upon receipt of any electronic file/data from Waldrop Engineering, P.A.,you are agreeing to the following: This file/data is for informational purposes only. It is the responsibility of the recipient to reconcile this electronic file/data with the actual project site conditions. Recipient agrees to indemnify and hold harmless Waldrop Engineering, P.A.for any defects or errors in this file/data 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. 0 3 2 IIWALDROP BUCKLEY MPUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 COVER LETTER/PROJECT NARRATIVE WALDROP ENGINEERING CML ENGINEERING & LAND DEVELOPMENT CONSULTANTS 100 BONITA GRANDE DR.3305 / BONITA SPRINGS,Fi 31135 P:239-405-7777 F:239-405-7899 July 18, 2017 Mr. Ray Bellows Zoning & Land Development Review Department Community Development & Environmental Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: Buckley (MPUD) Insubstantial Change to a Planned Unit Development (PDI) Dear Mr. Bellows: Enclosed for your review is an application for an Insubstantial Change to a PUD in regards to the Buckley MPUD (Mixed Use Planned Development), a 21 .7+/- acre project located '/4 mile north of the intersection of Airport Pulling Road and Orange Blossom Drive in unincorporated Collier County. The Applicant is requesting two modifications: 1) to modify the residential development standards for single-family detached dwellings to reduce minimum lot area, and 2) to modify the residential development standards for single-family detached dwellings to allow for a reduced minimum lot width. BACKGROUND/EXISTING CONDITIONS The Property was originally rezoned in 2005 from Rural Agricultural (A) to Mixed Use Planned Unit Development (MPUD) pursuant to Ordinance 2005-05 to allow for a maximum of 251 dwelling units, 74,230 square feet of retail, and 97,070 square feet of office space. In 2014, the Property was rezoned from MPUD to MPUD pursuant to Ordinance 14-24 to allow for a maximum of 239 multi-family residential units, and a maximum of 162,750 square feet of retail, office and service uses. A companion Growth Management Plan Amendment was approved per Ordinance 14-23, which modified the underlying Buckley Mixed Use District to remove the office and retail caps, provide for a conversion ratio for non-residential and residential uses, and further limit commercial uses and vertically integrated mixed-use development within the project. In 2016, the Property was rezoned from MPUD to MPUD pursuant to Ordinance 16-10 to allow for single-family detached and two-family/duplex dwellings as permitted uses and development regulations, various deviation additions and modifications and revised developer commitments. Buckley MPUD—PDI Cover Letter/Request Narrative Page 1 of 5 REQUEST The Applicant is requesting Staff's approval of an insubstantial change to the Buckley MPUD to allow for the following modifications to Exhibit B, Development Standards, Table 1 Residential Development Standards, approved per Ordinance No. 16-10: • Modify Exhibit B, Development Standards Table 1 Residential Development Standards, for single-family detached to reduce the minimum lot area from 5,400 square feet to 5,000 square feet; and • Modify Exhibit B, Development Standards Table 1 Residential Development Standards, for single-family detached to reduce the minimum lot width from 45' to 40'. The modified development standards will allow for a larger variety of single-family detached product types within the Buckley MPUD development, which is currently being developed with all single- family detached uses pursuant to PL2015000237. Due to the consistently changing real estate market and the uncertainty of the future market, the Applicant is requesting the proposed modifications to the development standards to allow for more than one single-family detached product type. The proposed modifications will apply only to the single-family detached dwelling types, and are not proposed for any other residential dwelling types approved per Ord. No. 16-10. The proposed modifications will allow the introduction of new product types to the development, which will provide more residential opportunities for the general public. No other changes are being requested through this application. The PUD will provide the required buffers and setbacks as outlined in the approved zoning ordinance. Furthermore, this request will not negatively impact the safety of the future residents living within the Buckley MPUD. From a compatibility standpoint, the proposed reduced lot width and lot area will remain compatible with the surrounding uses and the general area. To the north of the Buckley MPUD is an Assisted Living Facility use, to the south is a public library, and to the east is Airport Pulling Road, an arterial roadway. These land uses will not be negatively impacted by the proposed change in lot width an area. Emerald Lakes is the only residential community abutting the project, and it is located directly to the west. The proposed modifications will have not negatively impact the single-family uses in the Emerald Lakes PUD, as the proposed lots are buffered from the existing residential community through landscape buffers, a lake within the Buckley site, and Mill Pond Circle, a roadway internal to Emerald Lakes community. The Emerald Lakes PUD is also comprised of multi-family uses, which are far closer to the Emerald Lakes single-family uses than the proposed single-family residential in the Buckley MPUD. Furthermore, the general area of the project location on Airport Pulling Road is characterized by a mix of multi-family, single-family, civic, and commercial uses. The general area is not characterized by large-lot residential communities. The proposed modifications will not impact the project's compatibility to the surrounding area. These modifications, while minor, will allow Pulte to provide a wider variety of single-family detached products ranging in sizes, which ultimately reaches a larger market. The reductions allow Buckley MPUD-PDI Cover Letter/Request Narrative Page 2 of 5 the flexibility to develop more cost-effective homes that are more affordable for a variety of consumer groups who need and desire such options. The surrounding general area is comprised of a range of residential uses including single-family detached and multi-family. In lieu of townhomes or multi-family, the reduced lot width and lot area provide cost-effective single-family options. Similar PUD's have been approved with a 40' minimum lot size for single-family detached. One example of a recent PUD approval is the County Barn Road RPUD, which was approved in June per Ordinance No. 17-31 . The RPUD allows for single-family detached residential dwelling units to provide a minimum lot area of 4,000 square feet and a minimum lot width of 40'. Other examples that include 40' minimum lot sizes for single-family detached uses include the Will Run RPUD, Ordinance No. 14-35, and the Hacienda Lakes MPUD, Ordinance No. 1 1-41 . JUSTIFICATION/COMPLIANCE WITH LDC §10.02.13.E: The request complies with the thresholds for insubstantial changes to PUDs as outlined in LDC§ 10.02.13.E as follows: a. A proposed change in the boundary of the PUD; No, the request will not impact the existing PUD boundary. b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; No, the request will not increase the approved density or intensity, or the height of proposed buildings. c. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; No, the request will not result in a decrease of preserve, conservation, recreation, or open space areas. d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; No, the requests do not impact the size of non-residential areas or proposed to relocate such areas within the PUD boundary. e. A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; Buckley MPUD-PDI Cover Letter/Request Narrative Page 3 of 5 No, the request will not result in an impact to the development in terms of traffic and public facilities. f. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; No, the request will not generate a higher level of vehicular traffic. No change in land use activities is being requested g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; No, the request will not result in increased requirements for stormwater retention or increase stormwater discharges. h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; No, the request will not modify any existing uses that would impact any surrounding land uses or that would be incompatible. i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses; No, the request does not impact the project's compliance with the Growth Management Plan. The request is limited to modifying single-family detached development standards for reduced minimum lot area and minimum lot width. The request fully meets the intent of the LDC. j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; or No, the request does not require a determination that the change will result in a substantial deviation. As noted above, the request will not increase density/intensity, traffic generation, non-residential land uses, or decrease environmental areas. The request does not meet any of the criterion outlined in F.S. 380.06(19)(e)2. Buckley MPUD-PDI Cover Letter/Request Narrative Page 4 of 5 k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13 No, the request is not a substantial modification to the PUD, and may be processed as a PDI pursuant to the LDC and Administrative Code. CONCLUSION: In summary, the proposed Insubstantial Change will allow modifications to the residential development standards for single-family detached uses in the Buckley MPUD to support the Applicant's development program. The proposed modifications are a direct response to the market, and will allow for a larger variety of single-family detached product types. The MPUD will remain consistent with the LDC and Growth Management Plan (GMP). The following items are enclosed for your review: 1. A check in the amount of $3,125 for the application fees; 2. One (1) copy of the completed PDI Application; 3. One (1) copy of the Pre-Application Waiver E-mail from Ray Bellows; 4. One (1) copy of the Cover Letter/Project Narrative detailing the purpose of the request; 5. One (1) copy of the Current Master Plan; 6. One (1) copy of the Revised Exhibit B, Development Standards, Table 1, Residential Development Standards; 7. One (1) copy of the Recorded Warranty Deed; 8. One (1) copy of the List of Folio Numbers including Legal Descriptions; 9. One (1) copy of the Boundary Survey; 10.One (1) copy of the Affidavit of Authorization; 1 ] .One (1) copy of the List Identifying Owner/Authority To Sign; 12.One (1) copy of the approved Addressing Checklist; 13.One (1) copy of amended Title Page with Ordinance #; and 14.One (1) copy of the Location Map (8.5"X1 1"). Should you require additional information or have any questions, please feel free to contact me directly at (239) 405-7777 or lindsay.robin@waldropengineering.com. Sincerely, WALDROP ENGINEERING, P.A. Y3--t10:1A/t, Lindsay F. Robin, MPA Project Planner Enclosures cc: Mike Hueniken, Pulte Home Corporation Buckley MPUD-PDI Cover Letter/Request Narrative Page 5 of 5 WALDROP BUCKLEY MPUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 CURRENT RPUD MASTER PLAN J 456-01 Buckley MPUD+.Drawings-Exhibds+456-01-E05 MPUD Master PIamCurrent Plans 45601E0502 dwg ee o p� I I pµT !' A'9 1 2 FC m2 ii l; - ! I I A I n r i a g 1 A 1 R k. yr4 I 11 '1 i 1 I 1 4 I SPE 1 X al I 1 s I id Al ;1 °m^� z $ 5$ig i I --t 42$ Iia 1 KL.1 \'''') 1 VII Ag AN I I -1 - _ �t rig sCP $Asp 1 Ig 0 1 I p V PLAN REVISIONS Ill /;-\ 1� 10105/15 REVISED PER COUNTY COMMENTS BUCKLEY MPUD \'., WALDROP A j,/ 1 ENGINEERING 1 LL.`. 12/11/15 REVISED PER COUNTY COMMENTS ` S m V 12/27115 REVISED PER COUNTY COMMENTS EXHIBIT "C'-MASTER PLAN(SINGLE FAMILY AND. ^— ___________„/". -- �' u /� 03/17/16 REVISED PER COUNTY COMMENTS TWO FAMILY DUPLEX RESIDENTIAL ONLY) l„A„.',,;',,,,• ';;' , •"^"" u•456-01 Buckley MPUD\Drawings-Exhibits\456-01-E05 MPUD Master PIan\Current PlansH5601E0502.dwg Of (,n N. 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C) • • i r- 111 m G) O 73 0 CO� X m A A C 0 m m Z M 0 m C`l) m Z a z 5)) * r-›m -I A D r Z MI D X • C/) r- OH Z • CO O Om > XI> O m z -o K m z L J N,, - PLAN REVISIONS /\ WALDROP ' '� 10/05/15 REUSED PERCOUNTvCOMMENTS BUCKLEY MPUD LA1 ENGINEERING Tp A ; 1, 12111/15 REVISED PER COUNTY COMMENTS 1� e Art, 12/27415 REVISED PER COUNTY COMMENTS EXHIBIT"C"-MASTER PLAN(SINGLE FAMILY AND g 0317/16 REVISED PER COUNTY COMMENTS TWO FAMILY DUPLEC RESIDENTIAL ONLY) .,...47 """"`"" am.,111..40, "' IM WALDROP BUCKLEY MPUD 117 ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 REVISED PUD DOCUMENT * * * * * * * * * * * * EXHIBIT B DEVELOPMENT STANDARDS Table I below sets forth the development standards for Residential land uses within the proposed Mixed- Use Planned Unit Development(MPUD). Standards not specifically set forth within this application shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision Plat. TABLE I RESIDENTIAL DEVELOPMENT STANDARDS TOWN- MULTI- RECREATION SINGLE- TWO- FACILITIES& FAMILY FAMILY/ RECREATION DWELLINGS6 MAINTENANCE DETACHED DUPLEX FACILITIES STRUCTURES FOR MASTER PLAN FOR COMMERCIAL, FOR MASTER PLAN FOR SINGLE-FAMILY MIXED USE OR MULTI-FAMILY ONLY AND TWO-FAMILY/DUPLEX RESIDENTIAL ONLY MINIMUM 3,000 N/A N/A 5400`5.000 3,500 N/A LOT AREA square feet square feet square feet MINIMUM 30 feet N/A N/A 44 40 feet 35 feet N/A LOT WIDTH MINIMUM N/A FLOOR AREA 1,200 1,000 N/A 1,200 750 OF UNITS square feet square feet square feet square feet PUD SETBACK REQUIREMENTS MINIMUM BUILDING SETBACK 30 feet 30 feet 30 feet 30 feet 30 feet 30 feet (FROM AIRPORT- PULLING ROAD) MINIMUM BUILDING SETBACK 20 feet 20 feet 20 feet 20 feet 20 feet (FROM NORTH 20 feet BOUNDARY& SOUTH BOUNDARY) MINIMUM BUILDING SETBACKl 100 feet 100 feet 100 feet 100 feet 25 feet 25 feet (FROM WEST BOUNDARY) LAKES 0 feet from 0 feet from the 0 feet from the LME 0 feet from 0 feet from 0 feet from the the LME LME the LME the LME LME • MINIMUM YARD REQUIREMENTS Front:2'4,5 Principal Structure 20 feet 20 feet N/A 20 feet 20 feet 20 feet Accessory Structure 20 feet 20 feet 20 feet SPS SPS SPS Buckley MPUD PDI Strikethro ugt}text is deleted Last Revised:August 15,2017 Underline text is added RECREATION TOWN- MULTI- FACILITIES& SINGLE- TWO- RECREATION HOUSE FAMILY MAINTENANCE FAMILY FAMILY/ FACILITIES DWELLINGS STRUCTURES DETACHED DUPLEX FOR COMMERCIAL,MIXED USE OR FOR SINGLE-FAMILY AND TWO-FAMILY MULTI-FAMILY ONLY /DUPLEX RESIDENTIAL ONLY Side: Principal Structure 20 feet '/2 of the SBH N/A 5 feet 5 feet 5 feet Accessory 10 feet 10 feet 10 feet SPS SPS SPS Structure Rear: Principal Structure 10 feet '/2 of the BH N/A 10 feet3'8 10 feet3.8 10 feet Accessory 10 feet 10 feet 10 feet 5 feet3.8 5 feet3'8 5 feet Structure Minimum Distance Between Structures: Amit 10 feet '/z of the SBH N/A 10 feet 0 or 10 feet 10 feet Principal Structure 10 feet 10 feet 0 feet 10 feet 0 or 10 feet 0 feet Accessory Structure MAXIMUM HEIGHT' Zoned: Principal Structure 3-stories 3-stories not to not to exceed 45 feet N/A 35 feet 35 feet 35 feet exceed 45 Accessory feet 25 feet 25 feet SPS SPS SPS Structure 25 feet Actual: Principal Structure 50 feet 50 feet N/A 40 feet 40 feet 40 feet Accessory 32 feet 32 feet 32 feet SPS SPS SPS Structure 1. Dumpsters and dumpster enclosures shall not encroach into the 100 foot setback from the Western MPUD boundary. Buckley MPUD PDI Str-i4kethEeugh text is deleted Last Revised:August 15,2017 Underline text is added 2. Garages and carports shall be 10 feet from principal structures if detached. There will be a minimum of a 23 foot setback from the back of a sidewalk to front load garages. For corner lots, only one (1) front yard setback shall be required. The yard that does not contain the driveway/vehicular access to the residence shall provide a 10' setback. 3. Where a home site is adjacent to a landscape buffer easement or lake maintenance easement under the Master Concept Plan for Single-Family and Two-Family/Duplex Residential Only, and it is a separately platted tract, the principal and accessory structure setback on the platted residential lot may be reduced to 0 feet where it abuts the easement/tract. Where the LME is not a separate platted tract, in the shaded area shown on the"Master Concept Plan for Single-Family and Two-Family/Duplex Residential Only", the platted residential lot may overlap the LME up to 10 feet. The minimum principal and accessory structure setback for these lots shall be a minimum of 10 feet, as measured from the rear lot line. In no case shall principal or accessory structures be permitted in the LME. 4. If the parcel is directly accessed by a public or private road right-of-way, setback is measured from the adjacent right of way line per LDC. Sidewalks shall be located in the right-of-way. 5. If the parcel is directly accessed by a private driveway, setback is measured from the back of curb (if curbed) or edge-of-pavement (if not curbed). This would apply to multi-family development tracts that do not have platted rights-of-way. 6. Multi-family or townhouse buildings within 150' of the west property line shall not have west facing balconies. 7. No building shall exceed three stories in height and 45 feet (actual height) and under building parking is prohibited. 8. In order to support a canopy tree with a minimum 20-foot crown spread as required in LDC Section 4.06.05, a portion of the required 20-foot canopy may protrude into a lake maintenance easement, landscape buffer easement, or the adjacent lot(s), provided the homeowners association documents submitted at the time of PPL demonstrate common maintenance of all landscaping internal to the development, including trees on privately owned lots. BH= Building Height SBH= Sum of Building Heights LME= Lake Maintenance Easement SPS= Same As Principal Structure * * * * * * * * * * * * Buckley MPUD PDI Stfilketlifeaglt text is deleted Last Revised:August 15,2017 Underline text is added WALDROP BUCKLEY MPUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 PROOF OF SUCCESSOR Prepared by and return to: Scott Clements Area General Counsel Pulte Home Company,LLC 2301 Lucien Way,Suite 155 Maitland, Florida 32751 AFFIDAVIT STATE OF FLORIDA COUNTY OF ORANGE BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared Scott M. Clements,who upon being duly sworn,deposes and says: 1. He is over the age of eighteen(18)years and has personal knowledge of the facts stated herein. 2. He is Area General Counsel,Vice President, and Assistant Secretary of Pulte Home Company, LLC, a Michigan limited liability company (the "LLC"), successor by conversion of Pulte Home Corporation, a Michigan corporation,which has never been dissolved. 3. The individuals identified below have been duly authorized to execute documents on behalf of the LLC in accordance with the Signing Power Resolutions adopted by the LLC as of January 1,2017,currently in effect and attached hereto in pertinent part as Exhibit"K (the "Signing Powers Resolution"), and such documents, property executed by the individuals identified below,on behalf of the LLC are binding upon the LLC: Peter Keane Area President(Florida) Brian Yonaley Area Vice President—Finance(Florida) Rich McCormick Division President(Southwest Florida) Anthony L.Schutt Vice President—Finance(Southwest Florida) Daniel Bryce Langen Vice President—Finance and Treasurer Michael Woolery Vice President—Land Acquisition(Southwest Florida) Mike Hueniken Director—Land Development(Southwest Florida) Scott Brooks Director—Land Development(Southwest Florida) Keith Stewart Vice President—Construction Operations(Southwest Florida) Joshua Graeve Vice President—Sales(Southwest Florida); and Assistant Secretary(North Florida,West Florida,Southeast Florida,and Southwest Florida) Scott Clements Vice President and Assistant Secretary Michael Blake Lapinsky Assistant Secretary(North Florida,West Florida,Southeast Florida, and Southwest Florida) Craig Russo Assistant Secretary(North Florida,West Florida,Southeast Florida, and Southwest Florida) Mark Edward Hofferberth Assistant Secretary(North Florida,West Florida,Southeast Florida, and Southwest Florida) Michael Agins General Sales Manager(Southwest Florida)and Assistant Secretary (North Florida,West Florida,Southeast Florida,and Southwest Florida) Justin Wood General Sales Manager(Southwest Florida) Brian Phillips General Sales Manager(Southwest Florida) George Zalucki General Sales Manager(Southwest Florida) Dave Achee Assistant Secretary(North Florida,West Florida, Southeast Florida, and Southwest Florida) Additionally and specifically, Mary Nocera and Laura Ray, in their respective capacities as Closing/Homebuyer Coordinators, and Michael Agins, Justin Wood, Brian Phillips, and George Zalucki, in their respective capacities as General Sales Managers, have been duly authorized to execute (i) contracts for the sale of residential homes or lots to consumers (not to another business), and (ii) deeds of conveyance and all other documents that are relevant or incident to the sale and closing of residential homes or lots to consumers (not to another business), including any mortgage-related documents, such as buydown agreements or other relevant documents,on behalf of the LLC,and such documents,properly executed by such individuals on behalf of the LLC. are binding upon the LLC. Any above-described documents properly executed prior to the date of this Affidavit by Nicole Freitas, as Sales Accounting Manager and/or Laura Ray as Administrative Manager, on behalf of the LLC,are and will remain binding upon the LLC. iIPHORLANOOtGnwps1SERLegaf\CastantvglFormstAulhonty45WF PHC 041717(iuily.tloc 4 The Signing Powers Resolution, Paragraph C., RESOLUTIONS, I-V, VII, and VIII, identifies certain titles in the Division Specific Signing Power sections,which titles are clarified and shall correspond as set forth below: A. Omission of the words"Gulf Coast,""North Florida,""West Florida,""Florida,""Southeast Florida"or "Southwest Florida" after an officer's name does not constitute improper, incomplete or incorrect execution and does riot affect or limit the authority of the otherwise duly authorized officer in any way; B, Division VP/Director of Finance shall mean either a Division-level (i.e., Southwest Florida-level) Vice President—Finance or a Director of Finance, C. Division VP/Director of Land Development/Acquisition shall mean either a Division-level (i.e, a Southwest Florida-level)Vice President—Land Development or Vice President—Land Acquisition, or either a Director of Land Development or a Director of Land Acquisition; D. Division VP/Director of Construction Operations shall also mean either a Division-level (i.e, Southwest Florida-level) Vice President — Construction Operations or a Director of Construction Operations; E. Division/Project Controller shall also mean either Division Controller or Project Controller; F. Division VP of Sales shall also mean Vice President—Sales. 5 The LLC is not now and has never been a debtor in a bankruptcy proceeding during the existence of the LLC. 6 This Affidavit is given for the purposes of evidencing incumbency and authority of the employees named above and pursuant to the provisions of Section 689.045,Florida Statutes. Scott M.Clements Sworn to and subscribed before me this day of , 2017, by Scott M. Clements, Area General Counsel, Vice President, and Assistant e etary of Pull Home Company, LLC, a Michigan limited liability company,on behalf of the LLC,who is personally known to me c Pri t Na• -: ally V.Costantino Nota - •ubli• State of Florida Corn ission o.: FF942099 Corn -t.• Expires:01/23/2020 ,,; "•••. KELLY V.COSTANTINO . Commission#FF 942099 2020 „, gai �' dd TM Trey f h tr1 Expires January ans 1 late 1PHORLANDOIGroupatSERLegaKostantvw4F'ortncUuthoreytSwf PHC 041717;lull)doc EXHIBIT A SIGNING POWER RESOLUTIONS AllWe tlPHORLAN001GmupatSERLepaMoatanpnotFormriAuttmrnylSWF PHC 041717(tuN).doe CERTIFIED RESOLUTIONS OF THE BOARD OF DIRECTORS OF PULTE HOME COMPANY,LLC I,Scott M.Clements,herby certify that I am a duty elected and acting Assistant Secretary of PULTE HOME COMPANY, LLC, a limited liability company authorized and existing under the laws of the State of Michigan; that attached is a true copy of the resolutions adopted by the Board of Directors of the limited liability company to be effective January 1,2017;and that such resolutions have not been rescinded or modified, and do not contravene any provisions of the Articles of Organization or Operating Agreement of said limited liability company. IN WITNESS WHEREOF, I have here unto set my hand this 3`a day of January,2017. .,/karritf Scott M. Clements,Assistant Secretary STATE OF FLORIDA ) COUNTY OF ORANGE ) On January 3, 2017, before me, Kelly V. Costantino, a Notary Public in and for said State, personally appeared Scott M.Clements, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Kelly ostantino,Notary Public Orang unty, Florida My Commission Expires:01/23/2020 KELLY V.COSTANTINO • Coosmasion A FF 942099 �, ,, Espits January 23,2020 fn W!Teo Trey rail Irmo=MAIO EXHIBIT A PULTE HOME COMPANY,LLC SIGNING POWER RESOLUTIONS A. DEFINITIONS. As used in these resolutions: "signing oower"means the power and authority to execute and deliver an agreement,instrument or other document "General Signing Power" means signing power relating to the ordinary course of business of PULTE HOME COMPANY, LLC(the"Company")generally,without restriction to a particular Division or project,both in the Company's own capacity and in any instances where it is the managing partner or managing member of ajoint venture(the"partnership"). "Division Specific Signing Power"means signing power relating only to the ordinary course of business of a Division over which the officer, manager, or employee in question has management responsibility,both in the Company's own capacity and as managing partner or managing member of the Partnership. B. PURPOSE. The purpose of these resolutions is to establish the signing power of certain employees of the Company,both in the Company's own capacity and as managing partner or managing member of the Partnership. Copies of these resolutions may be delivered to title companies and other parties who require evidence of the signing power of an employee. No employee of the Company may subdelegate his or her signing power except as expressly provided in these resolutions by use of the words: "Other title(s)or person(s)designated in writing by. ..". C. RESOLUTIONS. RESOLVED, that the following officers,managers,or employees of the Company shall have the General Signing Power or the Division Specific Signing Power,as indicated in the charts below: EXHIBIT A Development of Real Proncrt I.General Development.Applications,tentative and final subdivision plats and maps,development agreements, land development agreements,amenity contractor agreements and all other documents that are relevant or incident to the development of real property in which the Company or the Partnership has any interest, other than documents contemplated in part VI below: General Signing Power Division Specific Signing Power Chairman of the Board Area President Chief Executive Officer Area VP Finance President Area VP Land Executive Vice President Division President Senior Vicc President Division VP/Director Finance Vice President Division VP Director of Land Development/Acquisition House Construction Agreements. Contractor agreements, construction agreements, contracts,purchase orders,pricing schedules,scopes of work and all other documents that are relevant or incident to the construction of residential homes and amenities thereto in which the Company or the Partnership has any interest,other than documents contemplated in theearagrah immediately above this one: Carrera!Signing Power Specific Signing Power Chairman of the Board Area President Chief Executive Officer Area VP Finance President Area VP Construction Operations Executive Vice President Area Purchasing Director Senior Vice President Division President Vice President Division VP/Director Finance Division VP/Director of Construction 0 erations Division Purchasing Director/Mana;er Storm Water Manaacmeot U. Notices of intent, notices of termination, storm water pollution prevention plans, reports, certifications or other documentation that is relevant or incident to storm water Page 2 of 7 EXHIBIT A management and erosion control in the development of real property and/or construction of homes in which the Com zany or the Partnership has any interest. Genual Signing Power Division Specific Signing Power Chairman of the Board Area President Chief Executive Officer Area VP Finance President Area VP Land Executive Vice President Division President Senior Vice President Division VP/Director Finance Vice President Division VP/Director of Land Development/Acquisition � � 4, 4 1 Division Storm Water Compliance (Representative Sale and Closing or Residcntlnl Homes or Lots HI. Contracts for the salt of residential homes or tots to consumers(not to another business). General Signing Power Division Specific Signing Power Chairman of the Board Area President Chief Executive Officer Area VP Finance President Division President Executive Vice President Division VP/Director Finance ISenior Vice President Division Controller Vice President Division VP of Sales General Sales Manager Closing/Homebuyer Coordinator Any of the following employees of either Puke Mortgage LLC: Vice President, Branch Manager and Assistant Secretary Any of the following employees of either Sun City Title Agency,Inc or PGP Title, Inc.or PGP Title of Honda,Inc.: Vice President, Escrow Manager,Escrow Supervisor,Director-Closing Services,and Title Officer J Page 3 of 7 Norge EXHIBIT A "., 7,'',7 .-,, Other title(s)or person(s)designated z .! in writing by either the Area ' P �resident or Arca VP Finance IV. Deeds of conveyance and all other documents that are relevant or incident to the sale and closing of residential homes or lots to consumers(not to another business), including any mortgage-related documents,such as buydown agreements or other relevant documents. General Signing Power L Division Specific Signing Power Chairman of the Board Area President Chief Executive Officer Area VP Finance President Division President Executive Vice President Division VP/Director Finance Senior Vice President Division Controller Vice President Division VP of Sales General Sales Manager Closing/Homebuyer Coordinator Any of the following employees of either Pulie Mortgage LLC: Vice President and Branch Manager Any of the following employees of either Sun City Title Agency,Inc. or POP Title,Inc.or PGP Title of Florida,Inc.: Vice President, Escrow Manager,Escrow Supervisor,Director-Closing Services,and Title Officer Other title(s) or person(s) iiiimormiimaik desd rig y AreaignatePresidentinwor Area tinbVP Finance either the closiaE of the Purchase and Sale of Real Property V.Contracts,deeds and all other closing documents for the purchase or sale of real property(other thin the sale and closing of residential homes or lots to consumers). General Signing Power Division Specific Signing Power Chairman of the Board Area President Chief Executive Officer Area VP Finance President Area VP Land Page 4 of 7 EXHIBIT A Executive Vice President Division President Senior Vice President Division VP/Director of Finance and General Counsel Other title(s)or person(s) Division VP of Land designated in writing by Development/Acquisition resolution(s)ofthe Board of Directors Real Property Financing and Land Bunking Transactions VI. Documents related to any of the following real property financings and land banking transactions: a. Traditional Financing. Loan agreements,security agreements,promissory notes,deeds of trust and all other documents that are relevant or incident to the financing of the purchase and/or development of real property. b. Special Taxing District Financing. Loan agreements, security agreements, promissory notes,deeds of trust and all other documents under which the Company or the Partnership is a party that are relevant or incident to a Special Taxing District Financing (defined below),other than documents contemplated in Guarantees and Environmental Indemnities. ",Special Taxing District Financing"means a financing through the issuance of bonds by a community development district, community facilities district, municipal utility district, county or municipal improvement district,tax incremental district or other similar special purpose unit of local government. c. Guarantees and Environmental lndemnitiea. Guarantees of payment or performance of the obligations of another entity (whether in the form of a payment guaranty, indemnity or other document), maintenance or remargining guarantees and environmental indemnities in connection with development financing. d. Land Banking Transactions. Assignments of contracts to purchase real property,options to purchase real property, development agreements and other documents evidencing arrangements with an intermediary, such as a land banker, to purchase or develop real property. General Signing Power Division Specific Signing Power Chief Financial Officer of F4r the publicly traded ultimate parent Treasurer of the publicly u traded ultimate parent > Page 5 of 7 EXHIBIT A J.,icensss VII. Documents necessary to obtain licenses and department of real estate public reports or similar documents in California and other states(such as,without limitation,Arizona and Nevada) General Signing Power Division Specific Signing—�' Power Chairman of the Board Area President Chief Executive Officer Area VP Finance President Area VP Land Executive Vice President Division President Senior Vice President Division VP/Director of Finance Vice President Division VP/Director Saks Division VP of Construction Operations Area VP/Division VP/Director Land , Acquisition/Development CC&Rs VIII. Restrictive covenants, conditions, restrictions, easements and other similar rights or restrictions,commonly known as CC&Rs,affecting real property or improvements on real property,and documents relating to CC&Rs,such as the organizational documents for the related homeowners' or property owners'association. General Signing Power Division Specific Signing Power Chairman of the Board Area President Chief Executive Officer Area VP Finance President Area VP Land Executive Vice President Division President Senior Vice President Division VP/Director Finance Vice President Division VP/Director Land Acquisition/Development RESOLVED FURTHER,that all lawful acts specifically described in the immediately preceding resolution, undertaken prior to the adoption of these resolutions, in the Company's own capacity or as managing partner or managing member of the Partnership,are hereby ratified,confirmed and adopted by the Company. Page 6 of 7 EXHIBIT A RESOLVED FURTHER, that any Signing Power Resolutions or Powers of Attorney and Grants of Agency previously issued or adopted by the Company are hereby terminated,revoked and superseded in their entirety by these resolutions. Effective as of January I,2017. Page 7 of 7 WALDROP BUCKLEY MPUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 SUNBIZ PULTE HOME COMPANY LLC , Detail by Entity Name Page 1 of 6 Flofiia Dem,nueI of.1la*e DIVISION OF CORPORATIONS F,1 , I f 1 I, De mxmtot 'tale ! L agn__ofcnrppr. / Search Records / Detail By Document Nwnt er / Detail by Entity Name Foreign Limited Liability Company PULTE HOME COMPANY, LLC Filing Information Document Number M17000000044 FEIIEIN Number 38-1545089 Date Filed 01/03/2017 State MI Status ACTIVE Last Event LC AMENDMENT Event Date Filed 05/17/2017 Event Effective Date NONE Principal Address 3350 PEACHTREE ROAD NORTHEAST SUITE 150 ATLANTA, GA 30326 Mailing Address 3350 PEACHTREE ROAD NORTHEAST SUITE 150 ATLANTA, GA 30326 Registered Agent Name&Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301-2525 Authorized Person(s)Detail Name&Address Title MGR/S COOK, STEVEN M 3350 PEACHTREE ROAD NORTHEAST SUITE 150 SUITE 150 ATLANTA, GA 30326 Title P DUGLAS, RICHARD J, JR http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 8/22/2017 Detail by Entity Name Page 2 of 6 3350 PEACHTREE RD, NE SUITE 150 ATLANTA,GA 30326 Title CFO/EVP O'SHAUGHNESSY, ROBERT T 3350 PEACHTREE RD NE SUITE 150 ATLANTA,GA 30326 Title VP/T ROBINSON, BRUCE E 3350 PEACHTREE RD NE SUITE 150 ATLANTA,GA 30326 Title VP,ASST. SECRETARY CLEMENTS, SCOTT 2301 LUCIEN WAY SUITE 155 MAITLAND, FL 32751 Title MGR,VP HILL, KIMBERLY M 3350 PEACHTREE ROAD, NE SUITE 150 ATLANTA,GA 30326 Title VP,TREASURER LANGEN, D. BRYCE 3350 PEACHTREE ROAD, NE SUITE 150 ATLANTA,GA 30326 Title ASTS CONLON, KELLYMARIE M 3350 PEACHTREE ROAD, NE SUITE 150 ATLANTA,GA 30326 Title ASST. SECRETARY IRWIN, ROSS 3350 PEACHTREE ROAD, NE SUITE 150 ATLANTA,GA 30326 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 8/22/2017 Detail by Entity Name Page 3 of 6 Title ASST. SECRETARY VOILES, CHANDLER 3350 PEACHTREE ROAD NE SUITE 150 ATLANTA, GA 30326 Title ASTS DRYDEN, LEAH 3350 PEACHTREE ROAD NORTHEAST SUITE 150 ATLANTA, GA 30326 Title ASST. SECRETARY AGINS, MICHAEL 24311 WALDEN CENTER DRIVE SUITE 300 BONITA SPRINGS, FL 34134 Title ASST SECRETARY GRAEVE,JOSHUA S 24311 WALDEN CENTER DRIVE SUITE 300 BONITA SPRINGS, FL 34134 Title ASST. SECRETARY HOFFERBERTH, MARK EDWARD 2662 SOUTH FALKENBURG ROAD RIVERVIEW, FL 33578 Title ASST.SECRETARY RUSSO, CRAIG 4901 VINELAND ROAD SUITE 500 ORLANDO, FL 32811 Title ASTS LAPINSKY, MICHAEL BLAKE 4400 PGA BLVD STE 700 PALM BEACH GARDENS, FL 33410 Title MGRNP HILL, KIMBERLY M http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetai 1?inquirytype=Entity... 8/22/2017 Detail by Entity Name Page 4 of 6 3350 PEACHTREE ROAD NORTHEAST SUITE 150 ATLANTA, GA 30326 Title P OSSOWSKI,JAMES L 3350 PEACHTREE ROAD NORTHEAST SUITE 150 ATLANTA, GA 30326 Title VPT LANGEN, D. BRYCE 3350 PEACHTREE ROAD NORTHEAST SUITE 150 ATLANTA, GA 30326 Title VP/ASSISTANT SECRETARY CLEMENTS, SCOTT 2301 LUCIEN WAY SUITE 155 MAITLAND, FL 32751 Title S PADESKY MATUREN, ELLEN 3350 PEACHTREE ROAD NORTHEAST SUITE 150 ATLANTA, GA 30326 Title ASSISTANT TREASURER RIVES, GREGORY S 3350 PEACHTREE ROAD NORTHEAST SUITE 150 ATLANTA, GA 30326 Title ASSISTANT SECRETARY CONLON, KELLYMARIE M 3350 PEACHTREE ROAD NORTHEAST SUITE 150 ATLANTA, GA 30326 Title ASSISTANT SECRETARY IRWIN, ROSS 3350 PEACHTREE ROAD NORTHEAST SUITE 150 ATLANTA, GA 30326 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 8/22/2017 Detail by Entity Name Page 5 of 6 Title ASSISTANT SECRETARY VOILES,CHANDLER 3350 PEACHTREE ROAD NORTHEAST SUITE 150 ATLANTA,GA 30326 Title ASSISTANT SEC AND QUALIFYING BROKER AGINS, MICHAEL 24311 WALDEN CENTER DRIVE SUITE 300 BONITA SPRINGS, FL 34134 Title ASSISTANT SEC AND QUALIFYING BROKER GRAEVE,JOSHUA G 24311 WALDEN CENTER DRIVE SUITE 300 BONITA SPRINGS. FL 34134 Title ASSISTANT SEC AND QUALIFYING BROKER HOFFERBERTH, MARK EDWARD 2662 SOUTH FALKENBURG ROAD RIVERVIEW, FL 33578 Title ASST. SECRETARY AND QUALIFING BROKER LAPINSKY, BLAKE 4400 PGA BLVD SUITE 700 PALM BEACH GARDENS, FL 33410 Title ASSISTANT SEC AND QUALIFYING BROKER RUSSO, CRAIG 4901 VINELAND ROAD SUITE 500 ORLANDO, FL 32811 Title ASST. SECRETARY ACHEE, DAVID 24311 WALDEN CENTER DR. SUITE 300 BONITA SPRINGS, FL 34134 Annual Reports No Annual Reports Filed Document Images http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 8/22/2017 Detail by Entity Name Page 6 of 6 OSIS 7(:20)7 4G Aman tnmi Yew image in PDF format pig/2017 -LC Anwngment Yew image in PDF format 92f02/2017••1, Amendment View image in PDF formal 01/12(2017--LC Amendment View image in PDF format 01/03/2017-•FLzgpn I TAN View Image in PDF format Amok, http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetai l?inquirytype=Entity... 8/22/2017 ,AI WALDROP BUCKLEY MPUD r ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 RECORDED WARRANTY DEED INSTR 5405939 OR 5394 PG 3971 RECORDED 5/17/2017 8:19 AM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $35,868.00 REC S35.50 CONS $5,124,000.00 PREPARED BY AND AFTER RECORDING,RETURN TO: Richard G.Cherry,Esquire Cherry,Edgar&Smith,P.A. 8409 N.Military Trail,Suite 123 Palm Beach Gardens,FL 33410 PCN#:00238120008 $5,124,000.00 SPECIAL- 11TY DEED THIS SPECIAL WAR1 t -DEED, made asoi14ay 2017, between AIRPORT PULLING ORANGE BLOSSOM LLC,a Florida limiteNc ability company(hereinafter called ("Grantor"), whose address/is 7501Airi --Road_;-N, Naples, l~'lorida 34109, and PULTE HOME COMPANY, LLC, a/Michiga"l ed lia ility cpmpany (hereinafter called the "Grantee"),whose addresses 24 1� 1d n =, ! `300 Bonita Springs, FL 34134. e—•(( 1 i i I f'`. ( I 1 \\3:3Y1\ ,E1 IS' T • j F,•••• i That Grantor, for and n bpsideration of the sa*ofTeA- t lays($10.00) and other good and valuable consideration, to'vt lii\hand paid, the recei -i8¢f is hereby acknowledged, by these presents do grant, barga.,(S alien, remise,, r ei9,,se„�'convey and confirm unto the Grantee, its successors and assigns revs, hat w�parcel of land lying and being in the County of Collier, State of Florida, mote-tiiilatjlScribed on Exhibit "A" attached hereto and made a part hereof(the"Property"). TOGETHER WITH all the tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining. SUBJECT TO easements, restrictions and reservations of record, if any, and taxes for the year 2017 and thereafter. TO HAVE AND TO HOLD the above-described Property,with the appurtenances, unto said Grantee, its successors and assigns, in fee simple forever. And Grantor does specially warrant the title to said Property subject to the matters referred to above and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but not otherwise. R:\Pultel8uckley Nursery Phase 2\CLOSING DOCUMENTS\Special Warranty Deed v2.doc OR 5394 PG 3972 IN WITNESS WHEREOF, Grantor has caused these presents to be duly authorized in its name and by those thereunto duly authorized as of the day and year first above written. WITNESSES: AIRPORT PULLING ORANGE BLOSSOM, LLC,a Florida limited liability company .ill) AL # 1 # �/j(./ ..�.t By: /" J '' int Name: 214.4 0, I.0 F. mes McGuire, Manager ^ Print Name: Pa cA 16 "3 o `~= ;6;1/ 4.-^' . ff f.) \ i STATE OF NEW YORK j ` l‘s COUNTY OF ERIE !(7,'•t� ��A/fir \ \ ,I _, i The foregoing instrument wa owledged before hi4s-t- of May, 2017, by F. James McGuire, Manager of AIRPC, ULLING ORANZ Y,' $OM, LLC, a Florida limited liability company, who (J, rssonally —kno \t• me, or has produced as identification. \~ a„ (Y . ..r'. ( E . Notary Public _ CO1 jE12;CY 4. -Parte )/-xt ..�iC- Printed Name of Notary J My Commission Expires: -4(28 (2--Ot5 [Notary Seal] CATHERINE A. PANCZYKOWSKI Nchrr Public.State of Now York Registration*01 PA8302005 Qualified In Erie County vommliglop des April 28,2018 2 OR 5394 PG 3973 EXHIBIT"A" LEGAL DESCRIPTION OF PROPERTY A PARCEL OF LAND BEING ALL OF LOTS 1 THROUGH 32,A PORTION OF LOT 33 AND A PORTION OF TRACT"R",BUCKLEY PARCEL,AS RECORDED IN PLAT BOOK 61 AT PAGES 38 THROUGH 41 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF BUCKLEY PARCEL,AS RECORDED IN PLAT BOOK 61 AT PAGES 38 THROUGH 41 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID BUCKLEY PARCEL,SOUTH 00°20'21"EAST,A DISTANCE OF 30.00 FEET; THENCE DEPARTING SAID NORTH LINE OF BUCKLEY PARCEL, SOUTH 89°39'39" WEST, A DISTANCE OF 28.86 FEET TO THE NORTHEAST I' . R OF LOT 12 AND THE POINT OF BEGINNING; THENCE ALONG THE EASTERLY BOUN I i' mil' % •. 2;SOUTH 00°20'21" EAST,A DISTANCE OF 126.00 FEET TO THE SOUTHEAS • ► '+ -• rI, •ND AN INTERSECTION WITH THE NORTHERLY BOUNDARY OF T' • • :IRCHMORE ST'00. ;' ,ENCE ALONG SAID NORTHERLY BOUNDARY OF TRACT R,NORT : ' 39"EAST,A DISTANC IF 1 .89 FEET TO AN INTERSECTION WITH THE EASTERLY BOUNDA• .' e TRA "R"; I'ltiE ALONG SAID EASTERLY BOUNDARY OF TRACT"R" 02° ` AST A ' • •NCE • 45.13 FEET TO THE SOUTHERLY SIDE OF TRACT"R",BIRC O' ' *' T -0 ' ' -� `�= •�I SEC1ID BY THE DIVISION LINE BETWEEN THE SOUT I:RL ' T? ' ► S ET AND THE NORTHERLY LINE OF TRACT "OS1", AS SHI 0 S; II I%• i.+ : A O SAID LAST MENTIONED DIVISION LINE SOUTH 89°3" X' 4I• U •F 5 T t ,POINT; THENCE THROUGH TRACT"OSI"AND ALONG "1- S Y B' U • ` '.,•F L• 1, '�r+ *UGH 11 OF SAID BUCKLEY PARCEL,SOUTH 02°3376"EA`-I i 'ISTANCE OF 52731 '`TT Pl.•UTHEASTERLY CORNER OF LOT 1; THENCE ALONG THE '¢ e .ERLY BOUNDAR -E 3 I!!rlp 1, SOUTH 87°26'34" WEST, A DISTANCE OF 126.00 FEET TOT ' '• THWEST CORNER • L OT 1,SAID POINT ALSO BEING AN INTERSECTION WITH THE E tic. BOUNDARY "R", WILTON DRIVE; THENCE ALONG SAID EASTERLY BOUNDAR P' " " TOr VE AND ALONG THE WESTERLY BOUNDARY OF LOTS 1 THROUGH 7,Ne ' i,"°.)-Nor ,A DISTANCE OF 325.40 FEET;THENCE SOUTH 87°26'34" WEST, A DISTANCE OF 45.10 -'."" • AN INTERSECTION WITH THE WESTERLY BOUNDARY OF SAID TRACT"R",WILTON DRIVE AND TO A POINT ON THE EASTERLY BOUNDARY OF LOT 26;THENCE ALONG SAID WESTERLY BOUNDARY OF TRACT"R",WILTON DRIVE,AND THE EASTERLY BOUNDARY OF LOTS 26 THROUGH 33, SOUTH 02°3376" EAST, A DISTANCE OF 325.40 FEET; THENCE THROUGH LOT 33, SOUTH 87°26'34" WEST, A DISTANCE OF 126.00 FEET TO AN INTERSECTION WITH THE WESTERLY BOUNDARY OF LOTS 33 THROUGH 26;THENCE ALONG SAID WESTERLY BOUNDARY OF LOTS 33 THROUGH 26,NORTH 02°33'26" WEST, A DISTANCE OF 345.46 FEET TO THE SOUTHEAST CORNER OF TRACT"0S3";THENCE ALONG THE SOUTHERLY BOUNDARY OF TRACT "0S3",SOUTH 87°26'34" WEST,A DISTANCE OF 38.06 FEET TO THE SOUTHEAST CORNER OF LOT 22; THENCE ALONG THE SOUTHERLY BOUNDARY OF LOTS 22 AND 21, SOUTH 87°25'53" WEST,A DISTANCE OF 90.40 FEET TO THE SOUTHWEST CORNER OF SAID LOT 21;THENCE ALONG THE WESTERLY BOUNDARY OF LOT 21, NORTH 02°34'07" WEST, A DISTANCE OF 152.80 FEET TO THE NORTHWEST CORNER OF LOT 21 AND AN INTERSECTION WITH AN EASTERLY BOUNDARY OF TRACT"OS1";THENCE THROUGH TRACT"OS1",NORTH 02°54'23"WEST,A DISTANCE OF 7537 FEET TO THE SOUTHWEST CORNER OF LOT 20; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 20,NORTH 00°20'21"WEST,A DISTANCE OF 141.22 FEET TO THE NORTHWEST CORNER OF SAID LOT 20;THENCE ALONG THE NORTHERLY BOUNDARY OF LOTS 20 THROUGH 12,NORTH 89°39'39" EAST,A DISTANCE OF 415.80 FEET TO THE NORTHEAST CORNER OF SAID LOT 12 AND THE POINT OF BEGINNING.PARCEL CONTAINS 5.52 ACRES,OR 240,636 SQUARE FEET,MORE OR LESS. • 3 *** OR 5394 PG 3974 *** THE FOREGOING PROPERTY BEING ONE AND THE SAME PROPERTY ALSO DESCRIBED AS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 2;THENCE ALONG THE EAST LINE OF SAID SECTION, SOUTH 02°33'26" EAST, A DISTANCE OF 1,589.73 FEET; THENCE DEPARTING SAID EAST LINE, SOUTH 89°39'39" WEST,A DISTANCE OF 153.96 FEET;THENCE SOUTH 00°2021"EAST,A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00°20'21" EAST, A DISTANCE OF 126.00 FEET; THENCE NORTH 89°39'39" EAST, A DISTANCE OF 14.89 FEET; THENCE SOUTH 02°33'26"EAST,A DISTANCE OF 45.03 FEET;THENCE SOUTH 89°39'39"WEST,A DISTANCE OF 5.00 FEET; THENCE SOUTH 02°33'26" EAST, A DISTANCE OF 527.31 FEET;THENCE SOUTH 87°26'34" WEST,A DISTANCE OF 126.00 FEET;THENCE NORTH 02°33'26" WEST,A DISTANCE OF 325.40 FEET; THENCE SOUTH 87°26'34" WEST, A DISTANCE OF 45.00 FEET; THENCE SOUTH 02°33'26" EAST, A DISTANCE OF 325.40 FEET;THENCE SOUTH 87°26'34" WEST, A DISTANCE OF 126.00 FEET; THENCE NORTH 02°33'26" WEST,A DISTANCE OF 345.46 FEET;THENCE SOUTH 87°2634" WEST,A DISTANCE OF 38.06 FEET; THENCE SOUTH 87°25'53" WEST, A DISTANCE OF 90.40 FEET; THENCE NORTH 02°34'07" WEST,A DISTANCE OF 152.80 FEET;THENCE NORTH 02°54'23" WEST,A DISTANCE OF 75.37 FEET;THENCE NORTH 00°20'21"WEST,A o2 FEET;THENCE NORTH 89°39'39"EAST, A DISTANCE OF 415.80 FEET TO TH. 'eI,IEiiJ` :,-6q, .^ ARCEL CONTAINS 5.52 ACRES, OR 240,636 SQUARE FEET,MORE O � \ a\ C , / IC 0 10 11\L7) ) t 1 , ) F,7 /. �J � v 1 4 1A1 WAEDROP BUCKLEY MPUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 LEGAL DESCRIPTION BUCKLEY MPUD FOLIO LIST FOUO OWNER LEGAL 24993500020 PULTE HOME CORP BUCKLEY PARCEL THE PORTION OF TRACT OS-1 DESC IN OR 5275 PG 2500 24993500583 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 20 24993500567 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 19 24993500541 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 18 24993500525 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 17 24993500509 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 16 24993500486 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 15 24993500460 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 14 24993500444 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 13 24993500428 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 12 24993500185 PULTE HOME COMPANY LLC BUCKLEY PARCEL TRACT R LESS THE PORTION OF TR RAS DESC IN OR 5275 PG 2500 24993500606 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 21 24993500622 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 22 24993500088 PULTE HOME COMPANY LLC BUCKLEY PARCEL TRACT OS-3 24993500648 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 23 24993500664 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 24 24993500680 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 25 24993500703 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 26 24993500729 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 27 24993500745 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 28 24993500761 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 29 24993500787 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 30 24993500800 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 31 24993500826 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 32 24993500842 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 33 LESS THE PORTION OF LOT 33 DESC IN OR 5275 PG 2500 24993500127 PULTE HOME CORP BUCKLEY PARCEL TRACT OS-5 24993500143 PULTE HOME CORP BUCKLEY PARCEL TRACT L- 1 24993500884 PULTE HOME CORP BUCKLEY PARCEL LOT 34 24993500907 PULTE HOME CORP BUCKLEY PARCEL LOT 35 24993500169 PULTE HOME CORP BUCKLEY PARCEL THE PORTION OF TRACT R AS DESC IN OR 5275 PG 2500 24993500923 PULTE HOME CORP BUCKLEY PARCEL LOT 36 24993500949 PULTE HOME CORP BUCKLEY PARCEL LOT 37 24993500965 PULTE HOME CORP BUCKLEY PARCEL LOT 38 24993500981 PULTE HOME CORP BUCKLEY PARCEL LOT 39 24993501003 PULTE HOME CORP BUCKLEY PARCEL LOT 40 24993501029 PULTE HOME CORP BUCKLEY PARCEL LOT 41 24993501045 PULTE HOME CORP BUCKLEY PARCEL LOT 42 24993501061 PULTE HOME CORP BUCKLEY PARCEL LOT 43 24993501087 PULTE HOME CORP BUCKLEY PARCEL LOT 44 24993501 100 PULTE HOME CORP BUCKLEY PARCEL LOT 45 24993501 126 PULTE HOME CORP BUCKLEY PARCEL LOT 46 24993501 142 PULTE HOME CORP BUCKLEY PARCEL LOT 47 24993501 168 PULTE HOME CORP BUCKLEY PARCEL LOT 48 24993501 184 PULTE HOME CORP BUCKLEY PARCEL LOT 49 24993501207 PULTE HOME CORP BUCKLEY PARCEL LOT 50 24993501223 PULTE HOME CORP BUCKLEY PARCEL LOT 51 24993501249 PULTE HOME CORP BUCKLEY PARCEL LOT 52 24993500062 PULTE HOME CORP BUCKLEY PARCEL TRACT OS-2 24993501281 PULTE HOME CORP BUCKLEY PARCEL LOT 54 24993501265 PULTE HOME CORP BUCKLEY PARCEL LOT 53 24993500101 PULTE HOME CORP BUCKLEY PARCEL TRACT OS-4 24993501304 PULTE HOME CORP BUCKLEY PARCEL LOT 55 24993501320 PULTE HOME CORP BUCKLEY PARCEL LOT 56 24993501346 PULTE HOME CORP BUCKLEY PARCEL LOT 57 24993501362 PULTE HOME CORP BUCKLEY PARCEL LOT 58 24993501388 PULTE HOME CORP BUCKLEY PARCEL LOT 59 24993501401 PULTE HOME CORP BUCKLEY PARCEL LOT 60 24993501427 PULTE HOME CORP BUCKLEY PARCEL LOT 61 24993501443 PULTE HOME CORP BUCKLEY PARCEL LOT 62 24993501469 PULTE HOME CORP BUCKLEY PARCEL LOT 63 24993501485 PULTE HOME CORP BUCKLEY PARCEL LOT 64 24993501508 PULTE HOME CORP BUCKLEY PARCEL LOT 65 24993501524 PULTE HOME CORP BUCKLEY PARCEL LOT 66 24993501540 PULTE HOME CORP BUCKLEY PARCEL LOT 67 24993501566 PULTE HOME CORP BUCKLEY PARCEL LOT 68 24993501582 PULTE HOME CORP BUCKLEY PARCEL LOT 69 24993501605 PULTE HOME CORP BUCKLEY PARCEL LOT 70 24993501621 PULTE HOME CORP BUCKLEY PARCEL LOT 71 24993501647 PULTE HOME CORP BUCKLEY PARCEL LOT 72 24993501663 PULTE HOME CORP BUCKLEY PARCEL LOT 73 24993501689 PULTE HOME CORP BUCKLEY PARCEL LOT 74 24993501702 PULTE HOME CORP BUCKLEY PARCEL LOT 75 24993501728 PULTE HOME CORP BUCKLEY PARCEL LOT 76 24993501744 PULTE HOME CORP BUCKLEY PARCEL LOT 77 24993501760 PULTE HOME CORP BUCKLEY PARCEL LOT 78 24993501786 PULTE HOME CORP BUCKLEY PARCEL LOT 79 24993501809 PULTE HOME CORP BUCKLEY PARCEL LOT 80 24993501825 PULTE HOME CORP BUCKLEY PARCEL LOT 81 24993501841 PULTE HOME CORP BUCKLEY PARCEL LOT 82 24993500208 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 1 24993500224 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 2 24993500240 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 3 24993500266 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 4 24993500282 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 5 24993500305 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 6 24993500321 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 7 24993500347 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 8 24993500363 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 9 24993500389 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 10 24993500402 PULTE HOME COMPANY LLC BUCKLEY PARCEL LOT 11 24993500046 PULTE HOME COMPANY LLC BUCKLEY PARCEL TRACT OS-1 LESS THE PORTION OF TR OS-1 DESC IN OR 5275 PG 2500 WALDRRING BUCKLEY MPUD ENGINEEOP INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 AFFIDAVIT OF AUTHORIZATION 1 1 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20170002630 I. Mike Hueniken _ (print name), as Director of Land Development (title, if applicable) of Pulte Home Company LLC (company, If applicable), swear or affirm under oath, that I am the (choose one)owner) i (applicant contract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Waldrop Engineering.P A. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the `general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the fa5ctsstated in it arIZ... /1.. .:/t 4-- /_—)true. 7/12/2017 Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed)and subscribed before me on riS' J ZZ 111 (date) by M U-t Aft t-tLieN t k_kk) (name of person providing oath or affirmation), as Dia, LAIUb ID crit pMMFj,3 i who is personally known to me or • . :• : i..-.v type of identification)as identification. ` —-- STAMP/SEAL Signature of Notary Pt , ,r n..Z:\ KIMBERLY BAILEY t, Notary public-State of f{arida t :,� ,'�' • Commission r GG 074007 r.'t76la`1 Ng,/Comm.Expires May 7,2021 '....,.,,�;"..., aoadedOmagh Natronal Notary Assn CP\08-COA-001151155 REV 3/24/14 • WALDROP BUCKLEY MPUD JENGINEERING PLANNED UNIT INSUBSTANTIAL CHANGE TO A DEVELOPMENT (PDI) PDI-PL20170002630 ADDRESSING CHECKLIST Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing©colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP(Site Development Plan) ❑ 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) ❑ SIPI (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) E OTHER Insubstantial Change to PUD(PDI) LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) See attached. S2 T49 R25 FOLIO (Property ID) NUMBER(s) of above(attach to, or associate with, legal description if more than one) See attached. STREET ADDRESS or ADDRESSES (as applicable, if already assigned) Located on Airport Pulling Road north of Orange Blossom Dr. • 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) Buckley PROPOSED PROJECT NAME(if applicable) Avery Square PROPOSED STREET NAMES (if applicable) N/A SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL# Rev.6/9/2017 Page 1 of 2 CotieY county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, condominium documents(if application; indicate whether proposed or existing) N/A Please Return Approved Checklist By: El Email ❑ Fax ❑ Personally picked up Applicant Name: Lindsay F. Robin Phone: 239-405-7777 Email/Fax: lindsay.robin@waldropengineering.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 See Attached Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Date: 7/13/2017 Updated by: Date: Auk IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Rev.6/9/2017 Page 2 of 2 1 E mi WALDROP BUCKLEY MPUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 INSUBSTANTIAL CHANGE TO PUD DOCUMENT FOR CAO -i. • Buckley MPUD Amend Ordinance 16-10 AMENDMENT TO EXHIBIT B, DEVELOPMENT STANDARDS TABLE 1 RESIDENTIAL DEVELOPMENT STANDARDS, OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 16-10, BUCKLEY MPUD. The"Table 1 Residential Development Standards," labeled as Exhibit B of the PUD Document attached to Ordinance No. 16-10,the Buckley MPUD, is hereby amended. 3 3 ,I WALDROP BUCKLEY MPUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 LOCATION MAP r • (-- __ . /!__ _ 1 ! I I, _, , _,, .__, , ---i ►. , --\., . ! ____: NORTH " �._ „„„!_2„,,,_...„ 25 n -H---- ----- I H--17 --- , -� Y ` ! j 21 s, -- PROJECT6 32 I� \ LOCATION ��' • /2. ,i . _ ____ gm ,__ _ 1 , Ini ;k I t: : ). c h 4" i \ '‘, .".. 1 ' - -, --- --_:.-41 . ---),1,_ 4 ' 72' :f cn I ♦ I. a - z I �> , Y��e i , n • / IL I i E 9O 'D OEM! ' 1 I 1..„� 1 -4, r 1 I f f �� 1 � \ - uL j - I - • Ii i \ 1 � '/ r �� ) 1�� 1 , � , � - 7 J? :'__ �� 22 , ��.t li �T\ 2e �t lei,,, 20 --. n I \ 1 , PROJECT LOCATION MAP NO SCALE WALDROP BUCKLEY MPUD _...ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20170002630 CERTIFIED LETTER '/' ILUROP }t��A SPRINGS Tampa Orlando Sarasota 28100 Banda Grand.Dr,Sudo 305,Banib Spings,FL 34135 vow PLANNING CIVIL ENGINEERING LANDSCAPE ARCHITECTURE P.(2391 405-7777 f(2391 405.7899 August 30, 2017 Bruno Brouet 3283 Twilight Lane, Apt. 5601 Naples, FL 34109 Re: Buckley PDI — PL-2017-2630 (Avery Square) Dear Bruno: The Avery Square development is within the Buckley PUD which sets forth the permitted uses and development standards for the development. Pulte Home Company, LLC has applied for an insubstantial change to the Buckley PUD Development Standards. Enclosed for your information, is a strike through and underline version of the Development Standards Table within the Buckley PUD identifying the proposed changes. The proposed changes permit the minimum lot width to be reduced from forty-five feet (45) to forty feet (40) and the minimum lot size to be reduced from 5,400 square feet to 5,000 square feet. The insubstantial change will be considered by the Collier County Hearing Examiner at a public hearing on October 12, 2017 in the Hearing Examiners Meeting Room in the Growth Management Building at 2800 N. Horseshoe Drive, Naples, FL 34104. The Board of County Commissioners will receive the Hearing Examiners decision and either ratify or not ratify the Hearing Examiner's position at a regularly scheduled Board of County Commissioner's meeting scheduled for November 14, 2017 in the Commission Chambers at 3299 Tamiami Trail East, Naples, FL 34112. The meeting is held on the third floor. The Collier County Planner for this Petition is Timothy Finn. If you have any questions or comments regarding the proposed changes to the Buckley PUD, you can either contact the County Planner or me. My direct number is (239) 850-8525. Mr. Finn's phone number is (239) 252- 4312. Sincerely, WALDROP ENGINEERING, P.A. Alexis V. Crespo, AICP Vice President of Planning Enclosures Page 1 of 1 * * * * * * * * * * * * EXHIBIT B DEVELOPMENT STANDARDS Table I below sets forth the development standards for Residential land uses within the proposed Mixed- Use Planned Unit Development(MPUD). Standards not specifically set forth within this application shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision Plat. TABLE I RESIDENTIAL DEVELOPMENT STANDARDS TOWN- MULTI- RECREATION SINGLE- TWO- FACILITIES& FAMILY FAMILY/ RECREATION DWELLINGS6 MAINTENANCE DETACHED DUPLEX FACILITIES STRUCTURES FOR MASTER PLAN FOR COMMERCIAL, FOR MASTER PLAN FOR SINGLE-FAMILY MIXED USE OR MULTI-FAMILY ONLY AND TWO-FAMILY/DUPLEX RESIDENTIAL ONLY MINIMUM 3,000 N/A N/A 5,100 5.000 3,500 N/A LOT AREA square feet square feet square feet MINIMUM 30 feet N/A N/A 45 40 feet 35 feet N/A LOT WIDTH MINIMUM N/A FLOOR AREA 1,200 1,000 N/A 1,200 750 OF UNITS square feet square feet square feet square feet PUD SETBACK REQUIREMENTS MINIMUM BUILDING SETBACK 30 feet 30 feet 30 feet 30 feet 30 feet 30 feet (FROM AIRPORT- PULLING ROAD) MINIMUM BUILDING SETBACK 20 feet 20 feet 20 feet 20 feet 20 feet (FROM NORTH 20 feet BOUNDARY& SOUTH BOUNDARY) MINIMUM BUILDING SETBACKl 100 feet 100 feet 100 feet 25 feet 25 feet 100 feet (FROM WEST BOUNDARY) LAKES 0 feet from 0 feet from the 0 feet from the LME 0 feet from 0 feet from 0 feet from the the LME LME the LME the LME LME MINIMUM YARD REQUIREMENTS Front:2'4'5 Principal Structure 20 feet 20 feet N/A 20 feet 20 feet 20 feet Accessory Structure 20 feet 20 feet 20 feet SPS SPS SPS Buckley MPUD PDI Strikcethreugi}text is deleted Last Revised:August 15,2017 Underline text is added RECREATION TOWN- MULTI- FACILITIES& SINGLE- TWO- RECREATION HOUSE FAMILY MAINTENANCE FAMILY FAMILY/ FACILITIES DWELLINGS STRUCTURES DETACHED DUPLEX FOR COMMERCIAL, MIXED USE OR FOR SINGLE-FAMILY AND TWO-FAMILY MULTI-FAMILY ONLY /DUPLEX RESIDENTIAL ONLY Side: Principal Structure 20 feet /2 of the SBH N/A 5 feet 5 feet 5 feet Accessory 10 feet 10 feet 10 feet SPS SPS SPS Structure Rear: Principal Structure 10 feet 1/2 of the BH N/A 10 feet3.8 10 feet3.8 10 feet Accessory 10 feet 10 feet 10 feet 5 feet3,8 5 feet3'8 5 feet Structure Minimum Distance Between Ask Structures: 10 feet 'h of the SBH N/A 10 feet 0 or 10 feet 10 feet Principal Structure 10 feet 10 feet 0 feet 10 feet 0 or 10 feet 0 feet Accessory Structure MAXIMUM HEIGHT' Zoned: Principal Structure 3-stories 3-stories not to not to exceed 45 feet N/A 35 feet 35 feet 35 feet exceed 45 Accessory feet 25 feet 25 feet SPS SPS SPS Structure 25 feet Actual: Principal Structure 50 feet 50 feet N/A 40 feet 40 feet 40 feet Accessory 32 feet 32 feet 32 feet SPS SPS SPS Structure 1. Dumpsters and dumpster enclosures shall not encroach into the 100 foot setback from the Western MPUD boundary. Buckley MPUD PDI Stri1Eet rough text is deleted Last Revised:August 15,2017 Underline text is added 2. Garages and carports shall be 10 feet from principal structures if detached. There will be a minimum of a 23 foot setback from the back of a sidewalk to front load garages. For corner lots, only one (1) front yard setback shall be required. The yard that does not contain the driveway/vehicular access to the residence shall provide a 10' setback. 3. Where a home site is adjacent to a landscape buffer easement or lake maintenance easement under the Master Concept Plan for Single-Family and Two-Family/Duplex Residential Only, and it is a separately platted tract, the principal and accessory structure setback on the platted residential lot may be reduced to 0 feet where it abuts the easement/tract. Where the LME is not a separate platted tract,in the shaded area shown on the"Master Concept Plan for Single-Family and Two-Family/Duplex Residential Only",the platted residential lot may overlap the LME up to 10 feet. The minimum principal and accessory structure setback for these lots shall be a minimum of 10 feet, as measured from the rear lot line. In no case shall principal or accessory structures be permitted in the LME. 4. If the parcel is directly accessed by a public or private road right-of-way, setback is measured from the adjacent right of way line per LDC. Sidewalks shall be located in the right-of-way. 5. If the parcel is directly accessed by a private driveway, setback is measured from the back of curb (if curbed) or edge-of-pavement (if not curbed). This would apply to multi-family development tracts that do not have platted rights-of-way. 6. Multi-family or townhouse buildings within 150' of the west property line shall not have west facing balconies. 7. No building shall exceed three stories in height and 45 feet (actual height) and under building parking is prohibited. 8. In order to support a canopy tree with a minimum 20-foot crown spread as required in LDC Section 4.06.05, a portion of the required 20-foot canopy may protrude into a lake maintenance easement, landscape buffer easement, or the adjacent lot(s), provided the homeowners association documents submitted at the time of PPL demonstrate common maintenance of all landscaping internal to the development, including trees on privately owned lots. 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