Agenda 05/25/2010 Item #17C
Agenda Item No, 17C
May 25, 2010
Page 1 of 65
EXECUTIVE SUMMARY
V A-PL2009-1077: Port of the Islands Community Improvement District, represented by
Robert Duane, AICP of Hole Montes, is requesting the following variances: 1) a variance
from LDC Section 4.02.01, Table 2.1, that required a 50-foot rear setback, to allow existing
structures to be placed within 12.6 feet of the rear property line, which is a reduction of
37.4 feet; 2) a variance from LDC Section 6.06.01, that requires a 60-foot right-of-way
width, to allow a 35-foot wide right-of-way width, a reduction of 25 feet; 3) a variance from
LDC Section 4.05.04, Table 17; that requires 1 parking space per 500 square feet for a
required 17 parking spaces, to allow one space per employee of the largest shift which
would be no less than 3 employees, a reduction of 14 parking spaces; 4) a variance from
LDC Sections 4.06.02.C.4 and 6.06.01.P.l, that requires a type D buffer along the western
boundary of the shared access road, to eliminate the buffer, a reduction of the buffer to 0
feet; and 5) a variance from LDC Section 4.06.02 Table 2.4, that requires a type B buffer
on the perimeter or western edge of the shared access road, a reduction to zero feet, to
allow the buffer instead on the eastern edge of the shared access road. Subject property is
located on 4.848 acres in Section 4, Township 52 South, Range 28 East, Collier County,
Florida. (Companion to RZ-PL2009-910)
OBJECTIVE:
To have the Board of Zoning Appeals (BZA) review staffs findings and recommendations along
with the recommendations of the Collier County Planning Commission (CCPC) regarding the
above referenced petition and render a deeision regarding the petition; and ensure the project is
in harmony with all the applicable codes and regulations in order to ensure that the community's
interests are maintained.
CONSIDERATIONS:
The petitioner agent explains in his February 17, 2010 letter that is attached to the variance
application that the proposed variances are necessary to accommodate "the construction of new
water and wastewater facility to serve the future needs of the community." The above listed
variances are described in detail on the attached staff report.
The subject property has Conditional Use approval in the RT and CON zoning districts via
Ordinance No, 92-59, for the existing water and wastewater treatment plant. Subsequent
changes to the LDC no longer allow that use within the CON zoning district, therefore the
petitioner is seeking a rezone and the variances in this petition. The petitioner has provided a
conceptual plan of development that shows the location and extent of the variance requests (a
copy is attached). The site plan shows the proposed structures, buffers and storm water
management/open space areas as well as the various tanks and treatment areas.
As stated in the companion rezone petition RZ-PL2009-91O (rezoning from the CON and RT
zoning districts to the Public Use district) cover letter, the site is being rezoned in order to allow
for the expansion of the existing water plant and the upgrading of the wastewater plant and
Port of the Islands, VA-P12009.1077
Last Revised 5/5/10
Page 1 of 4
Agenda Item No. 17C
May 25, 2010
Page 2 of 65
associated essential service uses. However, in subsequent conversations with the agent, he has
stated that "the plant capacity is not increasing." Also planned is a structure that is to function as
"a community meeting room" for the Community Improvement District (CID).
FISCAL IMPACT:
Approval of this Variance petition would have no fiscal impact on Collier County.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
Approval of this Variance would not affect or change the requirements of the Growth
Management Plan.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
Since no wetland area is being impacted by this variance, and EIS was not required to be
submitted. Therefore, this petition did not require a presentation to or review by the EAC.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard petition VA-PL2009-1077 on April 1,2010, and by a vote of 8 to 0 (Tor
Kolflat did not attend) recommended to forward this petition to the Board of Zoning Appeals
(BZA) wjth a recommendation of approval subject to the following condition:
The variances granted are limited to what is depicted and described in the applicants
site plan entitled "Conceptual Plan of Development, " dated November 2009, revised
May 3,2010 prepared by Hole Montes. The site plan noted is conceptual in nature for
variance approval. The final design must be in compliance with all applicable federal,
state and county laws and regulations.
Because the CCPC approval recommendation was unanimous and no letters of objection have
been received, this petition has been placed on the Summary Agenda.
LEGAL CONSIDERATIONS:
The petitioner is requesting five Variances to allow for the expansion of the existing water plant
and upgrading of the wastewater plant. The granting of the requested Variances is permitted
under LDC 99.04.02.
The attached staff report and recommendations of the Planning Commission are advisory only
and are not binding on you. All testimony given must be under oath. The Petitioner has the
burden to prove that the proposed Variance is consistent with all the criteria set forth below, and
you may question Petitioner, or statf, to satisfy yourself that the necessary criteria have been
satisfied, LDC Section 9.04.02,A requires that "based upon the evidence given in public hearing;
and the findings of the Planning Commission" you "should determine to the maximum extent
possible if the granting of the Variance will diminish or otherwise have a detrimental effect on
the public interest, safety or welfare." Should you consider denying the Variance, to assure that
Port of the Islands, V A-PLl009-1077
Last Revised 5/5//0
Page 2 of4
Agenda Item No. 17C
May 25, 2010
Page 3 of 65
your decision is not later found to be arbitrary, discriminatory or unreasonable, the denial must
be based upon competent, substantial evidence that the proposal does not meet one or more of
the listed criteria below,
In granting any Variance, the Board of Zoning Appeals may prescribe the following:
1. Appropriate conditions and safeguards in conformity with the zoning code or other
applicable county ordinances. Violation of such conditions and safeguards, when made a part of
the terms under which the Variance is granted, shall be deemed a violation of the zoning code.
2. A reasonable time limit within which the action for which the Variance required shall be
begun or completed or both,
Criteria for Variances
1. There are special conditions and circumstances existing which are peculiar to the location,
size, and characteristics of the land, structure, or building involved,
2. There are special conditions and circUlllstances which do not result from the action of the
applicant, such as pre-existing conditions relative to the property which is the subject of the
Variance request.
3, A literal interpretation of the provisions of the LDC work unnecessary and undue hardship
on the applicant or create practical difficulties on the applicant.
4. The Variance, if granted, will be the minimum Variance that will make possible the
reasonable use of the land, building, or structure and which promote standards of health, safety.
or welfare.
5. Granting the Variance requested will not confer on the petitioner any special privilege that
is denied by these zoning regulations to other lands, buildings, or structures in the same zoning
district.
6. Granting the Variance will be in harmony with the intent and purpose of the LDC, and not
be injurious to the neighborhood, or otherwise detrimental to the public welfare,
7, There are natural conditions or physically induced conditions that ameliorate the goals and
objectives of the regulation, such as natural preserves, lakes, golf course, etc,
8. Granting the Variance will be consistent with the GMP.
The proposed Resolution was prepared by the County Attorney's Office and is legally sufficient
for Board action. -HFAC
RECOMMENDATION:
Staffrecommends that the BZA approve the request for V A-PL2009-1 077 subject to staffs and
the CCPC condition of approval as follows:
The variances granted are limited 10 what is depicted and described in the applicant's
site plan entitled "Conceptual Plan of Development, .. dated November 2009. revised
May 3, 2010 prepared by Hole Montes. The site plan noted is conceptual in nature/or
Port ofthc Islands, V A~PL2009-1077
Last Revised 5/5/10
Page 3 of 4
Agenda Item No. 17C
May 25,2010
Page 4 of 65
variance approval, The final design must be in compliance with all applicable federal,
state and county laws and regulations.
PREPARED BY: Kay Deselem, Principal Planner, AICP; Growth Management Division
Attachments: 1) Application; 2) staff report; 3) location map; 4) Site Plan; 5) Resolution.
Port of the Islands. V A-PL2009-I077
Last Revised 5/5/l0
Page 4 of 4
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 17C
May 25. 2010
Page 5 of 65
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17C
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members: Recommendation to approve five (5) variances to allow for the
expansion of the existing water plant and upgrading of the wastewater plant at the Port of the
Islands Community Improvement District. VA-PL2009-1 077: Port of the Islands Community
Improvement District, represented by Robert Duane, AICP of Hole Montes, is requesting the
following variances: 1) a variance from LDC Section 4.02.01, Table 2.1, that required a 50-
foot rear setback, to allow existing structures to be placed within 12.6 feet of the rear property
line, which is a reduction of 37.4 feet; 2) a variance from LDC Section 6.06.01, that requires a
60-foot right-of-way width, to allow a 35-foot wide right-of-way width, a reduction of 25 feet; 3)
a variance from LDC Section 4.05.04, Table 17; that requires 1 parking space per 500
square feet for a required 17 parking spaces, to allow one space per employee 01 the largest
shift which would be no less than 3 employees, a reduction of 14 parking spaces; 4) a
variance from LDC Sections 4.06.02.C.4 and 6.06.01.P.1, that requires a type D buffer along
the wesiern boundary of the shared access road, to eliminate the buffer, a reduction of the
buffer to 0 feet; and 5) a variance from LDC Section 4.06.02 Table 2.4, that requires a type B
buffer on the perimeter or western edge of the shared access road, a reduction to zero feet,
to allow the buffer instead on the eastern edge of the shared access road. Subject property is
located on 4.848 acres in Section 4, Township 52 South, Range 28 East, Coilier County,
Florida.(Companion to RZ-PL2009-910)(CTS)
5/25/20109:00:00 AM
Date
Prepared By
Kay Deselem, AICP
Community Development &
Environmental Services
Planner, Principal
Zoning & Land Development Review
5/10/20109:18:D3AM
Date
Approved By
Ray Bellows
Community Development &
Environmental Services
Manager ~ Planning
Zoning & Land Development Review
5/10/201012:41 PM
Approved By
Date
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
5/10/20101 :24 PM
Approved By
Date
William D. Lorenz, Jr., P.E.
Community Development &
Environmental Services
Director ~ COES Engineering Services
Engineering & Environmental Services
5/10/20101:58 PM
Date
Approved By
NiCk Casalanguida
Director ~ Transportation Planning
Transportation Division
Agenda Item No. 17C
May 25, 2010
Page 6 of 65
Transportation Planning
5/11/20108:21 AM
Norm E. Feder, AICP
Administrator - Transportation
Date
Approved By
Transportation Division
Transportation Administration
5/11/2010 11:2DAM
Approved By
Heidi F. Ashton
County Attorney
Section Chief/Land Use- Transportation
Date
County Attorney
5/12/20109:25 AM
Date
Approved By
OMB Coordinator
County Manager's Office
Office of Management & Budget
5/12/20109:58 AM
Date
Approved By
Jeff Klatzkow
County Attorney
5/13/20102:23 PM
Date
Approved By
Leo E. Ochs, Jr.
County Managers Office
County Manager
County Managers Office
5/17/20105:14 PM
~llAl~B17C
May 25, 2010
Page 7 of 65
STAFF REPORT
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ENGINEERING, ENVIRONMENTAL,
COMPREHENSIVE PLANNING AND ZONING SERVICES
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DNISION
HEARING DATE: APRIL 1,2010
SUBJECT:
VA-PL2009-1077, PORT OF THE ISLANDS COMMUNITY IMPROVEMENT
DISTRICT (COMPANION TO RZ-PL2009-91O)
PROPERTY OWNER/AGENT:
Owner:
Agent:
Port of the Islands Community Improvement District
25000 Tarniami Trail East
Naples, FL 34114
Robert L. Duane, AICP
HoleMontes, Inc.
950 Encore Way
Naples, FL 34110
REOUESTED ACTION:
The petitioner requests that the Collier County Planning Commission (CCPC) consider and
approve the following variances:
1) a variance from LDC Section 4.02.01, Table 2.1, that required a 50 foot rear setback, to allow
existing structures to be placed within 12.6 feet of the rear property line, which is a reduction of
37.4 feet;
2) a variance from LDC Section 6.06.01, that requires a 60 foot right-of-way width, to allow a 35
foot wide right-of-way width, a reduction of25 feet;
3) a variance from LDC Section 4.05.04, Table 17; that requires 1 parking space per 500 square
feet for a required 17 parking spaces, to allow 3 spaces, a reduction of 14 parking spaces;
4) a variance from LDC Sections 4.06.02.C.4 and 6.06.01.P.l, that requires a 10 foot wide type
D buffer along the western boundary of the shared access road, to eliminate the buffer, a
reduction of the buffer to 0 feet; and
5) a variance from LDC Section 4.06.02 Table 2.4, that requires a 15-foot wide type B buffer on
the perimeter or western edge of the shared access road, a reduction of zero feet to allow the
buffer instead along the eastern edge of the shared access road.
Port of the Islands, V A-PL2009-1 077
Revised 3/15/10
Page 1 of7
Agenda Item No. 17C
May 25,2010
Page 8 of 65
GEOGRAPIDC LOCATION:
The 4.8:l:-acre subject property is located at the terminus of Union Road in Section 4, Township
52 South, Range 28 East, Collier County, Florida. (See location map on following page)
PURPOSElDESCRIPTION OF PROJECT:
The petitioner's agent explains in the February 17, 2010 letter that the requested variances are
necessary to accommodate "the construction of new water and wastewater facility to serve the future
needs of the community." As stated in the companion rezone petition RZ-PL2010-91O (rezoning
from the CON and RT zoning districts to the Public Use district) cover letter the site is being rezoned
in order to allow for the expansion of the existing water plant and the upgrading of the wastewater
plant and associated essential service uses. However in subsequent conversations with the agent, he
has stated that "the plant capacity is not increasing." Also planned is a structure that is to function as
"a community meeting room" for the Community Improvement District (CID).
The subject property has Conditional Use approval in the RT and CON zoning districts via
Ordinance No. 92-59, for the existing water and wastewater treatment plant. Subsequent changes to
the LDC no longer allow that use within the CON zoning district, therefore the petitioner is seeking a
rezone and the variances in this petition.
Aerial (2009) subject property boundaries are approximate
Port of the Islands, V A-PL2009-1077
Revised 3/15/10
Page 2 of 7
Agenda Item No. 17C
May 25,2010
Page 9 of 65
The petitioner has provided a conceptual plan of development that shows the location and extent
of the variance requests. The site plan shows the proposed structures, buffers and stormwater
management/open space areas as well as the various tanks and treatment areas.
SURROUNDING LAND USE AND ZONING:
North: The Rod and Gun Club site and a communication tower on a mostly undeveloped 52-acre
tract with a zoning designation of CON
East: A 630-acre undeveloped preserve tract with a zoning designation of CON
South: A 50:!: acre cleared but undeveloped site that is part of the Port of the Islands
Development, with a zoning designation ofRT
West: A 50:!: acre cleared but undeveloped site that is part of the Port of the Islands
Development, with a zoning designation ofRT
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The subject property is designated as Urban - Mixed Use
District, on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP).
Relevant to this petition, the Urban designation allows essential services as defined in the Land
Development Code. Section 2.01.03 of the LDC identifies the proposed use as an essential
service. In addition, the subject property lies within "Port of the islands" and is excerpted below
from the Future Land Use Element.
Port of the Islands is a unique development, which is located within the Urban
Designated Area, but is also totally within the Big Cypress Area of Critical State
Concern. However, a portion of the development was determined "vested" by the State
of Florida, thus exempting it from the requirements of Chapter 380, Florida Statutes,
Further, there is an existing Development Agreement between Port of the Islands, Inc.
and the State of Florida Department of Community Affairs dated July 2, I985, which
regulates land uses at Port of the Islands. Port of the Islands is eligible for all
provisions of the Urban Mixed Use District in which it is located to the extent that the
overaII residential density and commercial intensity does not exceed that permitted
under zoning at time of adoption of this Plan.
The GMP does not address individual Variance requests, but deals with the larger issue of the
actual use. As previously noted, the petitioner seeks several variances as explained in other
portions of this staff report. The subject use is consistent with the Future Land Use Map of the
GMP. The requested variances do not have any impact on this property's consistency with the
County's Growth Management Plan.
ANALYSIS:
Section 9.04.01 of the Land Development Code gives the Board of Zoning Appeals (BZA) the
authority to grant Variances. The Collier County Planning Commission (CCPC) is advisory to
the BZA and utilizes the provisions of Section 9.04.03 A. through H. (in bold font below), as
general guidelines to assist in making their recommendation of approval or denial. Staff has
Port of the Islands. V A-PL2009-1 077
Revised 3/15/10
Page 3 of 7
Agenda Item No. 17C
May 25. 2010
Page 10 of 65
analyzed this petition relative to these provisions and offers the following responses:
a. Are there special conditions and circumstances existing, which are peculiar to the
location, size and characteristics of the land, structure or building involved?
Yes. This site's location is somewhat unique in that the site is located quite far from other
urban areas of the county. Development of Port of the Islands began many years ago and
the project remains isolated from other developments due to ensuing land use regulations.
The subject water and wastewater treatment facility site is also isolated within the Port of
the Islands Development, since it is located at the northern terminus of Union Road which
is approximately one mile north of US-41. Therefore, the petitioner contends that there
would not be a need for the 17 parking spaces the LDC requires for this use (Variance #3).
Additionally, it is unlikely that many persons would visit this site. Similarly, due to its
isolated location is not anticipated that there will be a large nUlllber of vehicles traversing
the site, so a reduction in the right-of-way width seems appropriate (Variance #2). As
shown on the site plan, the petitioner will provide the required parking spaces for the
proposed community building.
b. Are there special conditions and circumstances, which do not result from the action of
the applicant such as pre-existing conditions relative to the property, which are the
subject ofthe Variance requests?
Yes. The subject site was developed with water and wastewater treatment facilities under
the current CON and RT zoning designations. Since the CON zoning district no longer
allows this use, the existing facility is deemed to be a pre-existing non-conforming use.
The existing facility cannot be expanded under the current zoning. As a result the
petitioner is rezoning the property to the P zoning district where the use is allowed by right.
Consequently, a setback variance is needed to accommodate those structures that would not
comply with the setback requirements of the proposed zoning district.
c. Win a literal interpretation of the provisions of this zoning code work unnecessary
and undue hardship on the applicant or create practical difficulties for the applicant?
Yes. In conjunction with the rezone request that would allow the current use to be
upgraded, some of the existing structures would be rendered non-conforming. Since it is
generally agreed that it is contrary to good planning practice to approve any zoning action
wherein buildings would be rendered non-conforming, Variance #1 becomes necessary.
Otherwise, the site could not be upgraded. That would create a difficulty and undue
hardship on the applicant because he could not comply with the mandate to upgrade the
facility to meet current water supply and treatment regulations of the Florida Department of
Environmental Protection [FDEP].
d. Win the Variances, if granted, be the minimum Variances that win make possible the
reasonable use of the land, building or structure and which promote standards of
health, safety and welfare?
Yes. Staff is of the opinion that variances being sought are the minimum variances to
allow the site to be developed in accordance with the proposed site plan which is required
to serve the community's needs. However, if the variances are not approved; the petitioner
could still have "reasonable use of the land." The use may not be the use the petitioner
contemplates but the site would have some development potential.
Port of the Islands, VA-PL2009-1077 Page 4 of 7
Revised 3/15/10
Agenda Item No. 17C
May 25,2010
Page 11 of 65
Approval of these variances will provide the petitioner the opportunity to upgrade the water
and wastewater facility to serve the Port of the Islands Development, and the variances
would promote standard of health, safety and welfare. The members of the public who
reside in, or visit this development, would benefit from the facilities upgrade.
e. Will granting the Variance confer on the applicant any special privilege that is denied
by these zoning regulations to other lands, buildings, or structures in the same zoning
district?
Yes, by definition, a variance grants an exception to a zoning regulation that would
otherwise apply. However, approval of the variance would allow the applicant to provide
improved water and wastewater service to the Port of the Islands community.
f. Will granting the Variance be in harmony with the general intent and purpose of this
Land Development Code, and not be injurious to the neighborhood, or otherwise
detrimental to the public welfare?
Yes. The variances should be in hannony with the general intent of the purpose of the
LDC (Section 1.05.01.B) "to foster and preserve public health, safety, comfort and welfare,
and to aid in the hannonious, orderly, and progressive development of the unincorporated
areas of Collier County". The development that these variances would allow should not
have any negative impact on any residential neighborhoods. As noted in the surrounding
zoning information on a previous page, all existing residential uses are located a significant
distance from this site.
g. Are there natural conditions or physically induced conditions that ameliorate the
goals and objectives of the regulation such as natural preserves, lakes, golf courses,
etc.?
No. There are no natural preserves, lakes or golf courses that impede the petitioner.
h. Will granting the Variance be consistent with the Growth Management Plan?
Approval of this Variance petition would not have an effect on the GMP. The proposed use
is to continue the current use and add a community center. The requested variances do not
have any impact on this property's consistency with the County's Growth Management
Plan.
ENVIRONMENTAL ADVISORY COUNCIL CEAC\ RECOMMENDATION:
The EAC does not normally hear variance petitions. Since the subject variance does not impact
any preserve area, the EAC did not hear this petition.
NEIGHBORHOOD INFORMATION REOUlREMENTS:
The LDC requires the petitioner to notify neighboring property owners within 150 feet of the
subject site by mail for a variance. No Neighborhood Information Meeting (NIM) is required.
The petitioner provided docUlllentation to show that the required letter was sent on February 17,
2010.
Port of the Islands, V A-PL2009-1 077
Revised 3/15/10
Page 5of7
Agenda item No. 17C
May 25, 2010
Page 12 of 65
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed the staff report for V A-PL2009-1077 revised on
March 15, 2010.
RECOMMENDATION:
Staff recommends that the CCPC forward Petition V A-PL2009-1077 to the Board of Zoning
Appeals (BZA with a recommendation of approval with the following conditions:
The variances granted are limited to what is depicted and described in the applicants
site plan entitled "Conceptual Plan of Development, " dated November 2009, revised
Mary 3. 2010 prepared by Hole Montes, The site plan noted is conceptual in nature
for variance approval. The final design must be in compliance with all applicable
federal, state and county laws and regulations.
Port of the Islands, V A-PL2009-1 077
Revised 3/15/10
Page 6 of?
Agenda Item No. 17C
May 25,2010
Page 13 of 65
PREPARED BY:
33 lio
SELEM, AICP, PRINCIPAL PLANNER ATE
DEP TMENT OF ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING
AND ZONING SERVICES
REVIEWED BY:
?J-tl-ft)
RAYMO V. BELLO , ZONING MANAGER DATE
DEPARTMENT OF ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING
AND ZONING SERVICES
0'3 - t J.. - z...o t ()
LIAM D. L NZ, ., P.E., DIRECTOR DATE
DEPARTMENT OF ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING
AND ZONING SERVICES
J-/S-'/D
NIC CASALANGUlDA MINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the June 8, 2010 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
!4C4)~& ~~
MARK . STRAIN, 'CHAIRMAN
4 -I )'-10
DATE
Port of the Islands, V A-PL2009-1 077
Revised 2/27/10
Page 7 of7
Co~"Y County
~
Agenda Item No. 17C
rv)"y. 25 2010
~H'~fU. ~~5
',.~,Nq-i'.'~
COLLIER COUNTY GOVERNMENT
DEPT, OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252.2400 FAX (239) 643.6968
PROJECT NUMBER
PROJECT NAME
DATE PROCESSED
[
VA.PL2009-1077 REV: 2
PORT OF THE ISLANDS
COMPANION: RZ-PL2009-910
DATE: 2/19/10
DUE: 3/5/10
]
L
APPLlCANii AGENT -iNfO~.MA:f1c)N
:'~,
.1
NAME OF APPLlCANT(S) THE PORT-OF-THE-ISLANDS COMMUNITY IMPROVEMENT DISTRICT
ADDRESS 25000 T AMIAMI TRAIL EAST NAPLES FLORIDA 34114
rELEPHONE # 239-254-2000 CELL # tiL6 FAX # 239-254.2D97
E-MAIL ADDRESS: RONBENSONiQ)HMENG.COM
NAME OF AGENT ROBERT l. DUANE AICP /HOLE MONTES INC
ADDRESS 950 ENCORE WAY NAPLES Fl 34110
TELEPHONE # 239-254-2000 CELL # tiL6
E-MAIL ADDRESS: BOBDUANEiQ)HMENG.COM
PROPERTY DESCRIPTIQN
FAX # 239-254.2099
Legal Description of Subject Property: See attached leaal descriotion
Seetion/T ownship/Ronge M/ ~/28E Properly I.D.#: 01058920209
Subdivision: tiL6 Unit tiL6Lol: tiL6 Block: tiL6
Metes & Bounds Description: See attached leaol descriDtion
Aereoge: 4.848 acres
Address of Subject Property (II different Irom Petitioner's address), 12700 Union Road Naoles FL 34114
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS,
GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE
REGULATIONS.
Agenda Item No. 17C
May 25,2010
Page 15 of 65
r County
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
I
. ASSOCl,t\TION~ . .. .
~;_::>:<i
Complete the following for all registered Association{s) fhat could be affected by this petillon. Provide
additional sheets if necessary. Information can be found on the Board of County Commissioner's website cd
htto:/ /www.collieraov.net/lndex.asDx?oaae=77 4
NAME OF HOMEOWNER ASSOCIATION: THE PORT.OF.THE.ISLANDS COMMUNITY IMPROVEMENT DISTRICT
MAILING ADDRESS 25000 T AMIAMI TRAIL EAST CITY ~ ST ATE E!. ZIP ~
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS _ CITY _ STATE _ ZIP _
NAME OF HOMEOWNER ASSOCIATION:_
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS _ CITY _ STATE _ ZIP _
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
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STATE
ZIP
I
'.. ,ADJACENT ZONIN~:AN~LAJii.D Q~S.,
Zoning land Use
N CON VACANT & COMMUNICATION TOWER
5 RT VACANT
E CON - ACSC/ST VACANT
W RT & CON VACANT & GUN RANGE
Minimum Yard Reauirements for Subiect ProDertv:
Front: 2Q
Side: 2Q
Rear: 2Q
Yes 0
Yes 0
No ~
No ~
Corner Lot:
Waterfront lot:
-I
I
BE ADVISED rHAT SECTION 10.03.05,B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO
REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY
COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC
HEARING ADVERTISING SIGN(S) IMMEDIATELY.
I
Co1Mr Cou.nty
~
Agenda Item No. He
May 25, 2010
Page 16 of 65
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
NA Tu~e6FPETITION
Provide a detailed explanation of the request including what structures are existing and what is
proposed; the amounl of encroachment proposed using numbers, i.e. reduce front setback from 25' to
18'; when property owner purchased property; when existing principal structure was built (include
building permit number (s) if possible); why encroachment is necessary; how existing encroachment
came to be; etc.
For projects authorized under LDC Section 9.04.02, provide detailed description of site alterations,
including any dredging and filling.
.!::!LA
Piease note thaI staff and the Collier County Planning Commission shall be guided in their recommendalion
to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination
to approve or deny a variance petition by the below listed criteria (1-8). (Please address these criteria
using addilional pages if necessary.)
1. Are there special conditions and circumstances existing which are peculiar to the location, size and
characteristics of lhe land, structure, or building involved.
SEE ATTACHED NATURE OF PETITION.
2. Are there special condilions and circumstances which do nol result from the action of the applicant such
as pre-existing conditions relative 10 the property which is the subject of the variance requesl.
SEE ATTACHED NATURE OF PETITION.
3. Will a literal inlerpretalion of the provisions of this zoning code work unnecessary and undue
hardship on the applicant or create practical difficulties on the applicant.
SEE ATTACHED NATURE OF PETITION.
4. Will the variance, if granted, be lhe minimum variance that will make possible the reasonable use of
the land, building or structure and which promote standards of health, safety or weifare.
SEE ATTACHED NATURE OF PETITION.
5. Will granting the variance requested confer on lhe petitioner any special privilege lhat is denied by
these zoning regulations to other lands, buildingsf or structures in the same zoning district.
SEE ATTACHED NATURE OF PETITION.
6. Will granting the variance be in harmony with the intent and purpose of lhis zoning code, and not be
injurious to the neighborhood, or otherwise detrimenlal to the public welfare.
SEE ATTACHED NATURE OF PETITION.
~
Agenda Item No. 17C
May 25,2010
Page 17 of 65
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252.2400 FAX (239) 643-6968
7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives
of the regulation such os natural preserves, lakes, golf course, etc.
SEE ATTACHED NATURE OF PETITION.
8. Will granting the variance be consistent with the growth management plan.
SEE ATTACHED NATURE OF PETITION.
9. Officiallnteraretations or Zonina Verifications: To your knowledge, has there been an official
interpretation or zoning verification rendered on this property within the last year~ ~ Yes D No
If so, please provide copies.
Co~r County
~
Agenda Item No. 17C
May 25. 2010
Page 18 of 65
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252.2400 FAX (239) 643-6968
VARIANCE PETITION (VA) APPLICATION
'. SU~Mlrr AL l;HECKLISi'
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED
BELOW W/COVER SHEETS ATTACHED TO EACH SECTION.
NOTE: INCOMPLETE SUMBITT ALS WILL NOT BE ACCEPTED.
7 REQUIREMENTS #OF REQUIRED .. NOT
.. COPIES . REQUIRED
Comnleted Annlicatlon (download from web site for current form) 15 X
Pre-Annlication meetinn notes 15 1><1 n
Comnleted Addressinn Checklist, Sinned bv Addressina Deoar1ment 1 X
Concentual Site Plan 24" x 36" and one 8 Y2 n X 11" COOY 15 f><J 0
Survey of property showing the encroachment (measured In feet) 1 1><1 fl
Owne;:!Agent Affidavit signed & notarized 1 r81 fl
Deeds/Legal's 3 IXI 0
Location mop 1 1><1 0
Aerial photographs (taken within the previous 12 months min. scaled 5 D r81
1 "=200'1, showinn FlUCCS Codes, legend, and nro'ect boundarv
Electronic copy of all documents and plans {(DR OM or Diskette) I r81 D
Historical Survev or waiver renuesf 1 n r81
Environmental Impact Statement (EIS) and digital/electronic copy of EIS or
exemntion 'ustjfication 3 D IZI
Within 30 days after receiot of the first review comment letter provide 1 X
Pronertv Owner Advisorv letter and Certification
FEES:
!3fPre.application Fee $500,00 (Applications submitted 9 months or more after the date of the last pre.app
meeting shall not be credited towards application fees and a new pre--application meeting will be required.)
Review Fees:
D $2,000.00 Residential
r81 $5,000,00 Non-Re,idential
o $2,000.00 Sign Voriance
r81 $100.00 Fire Review
o After- The-Fact Zoning/land Use Petitions 2x the normal petition fee
r81 $925.00 Estlmaled legai Advertising Fee - CCPC Meeting
r81 $500.00 Estimated legal Advertising Fee - BCC Meeting
(any over- or under~payment will be reconciled upon receipt of Invoice from Naples Doily News).
D $2,500.00 EIS Review
o $1,000.00 Listed Species Survey (If EiS is not required)
OTHER REQUIREMENrS,
[g] No TIS reouired for variance
0_
~~4D~
2/; 0d IO-
Date
Agent/Owner Signature
Agenda Item No. 17C
oanUtfAl
AFFIDAVIT
We/I, TIIE PORT-OF-THE-ISLANDS COMMUNITY IMPROVEMENT DISTRICT being first
duly sworn, depose and say that well arn/are the owners of the property described herein and
which is the subject matter of the proposed h~ng; that all the answers to the questions in this
application, including the disclosure of interest information, all sketches, data, and other
supplementary matter attached to and made a part of this application, are honest and true to the
best of our knowledge and belief. Well understand that the information requested on this
application must be complete and accurate and that the content of this form, whether computer
generated or County printed shall not be altered. Public hearings will not be advertised until this
application is deemed complete, and all required information has been submitted.
As property owner We/I further authorize ROBERT 1. DUANE. AICP & RONALD E.
BENSON JR PH.D~ .E. to act as our/my representative in any matters regarding this Petition.
Signature of Property Owner
DALE LAMBERT. CHAIRMAN OF THE
PORT-OF-TIIE-ISLANDS COMMUNITY
IMPROVEMENT DISTRICT
Typed or Printed Name of Owner
Typed or Printed Name of Owner
The [oregoing)nstrument was aclowwledged before me this ~ day of /)eC.
20!:1 by fAU ~mb.1/f who is personally known to me or has produced
J::: L- IJ L as identification.
State of Florida
County of Collier
(Signature of
MARIAM, SAMPAYO
MY COMMISSION # DO 806620
EXPIRES: Juiy 29, 2012
BondedThlu NotaryPubIic Underwrll8f1
Notary Stamp
VA-PL2009-1077 REV: 1
PORT OF THE ISLANDS
COMPANION: RZ-PL2009-910
DATE: 12/31/09 DUE: 1/15/10
C:\Documents and Settings\Dale Lambert\LocaJ Settings\Temporary Internet Files\OLKB2\Affidavit - Variance. doc
HM Agenda Item No. 17C
May 25,2010
Page 20 of 65
HOLE MONTES
ENGINEERS. PLANNERS' SURVEYORS
LANDSCAPE ARCHITECTURE
960 Encore Way. Naples, Florida 34110' Phone: 239.254.2000' Fax: 239.254.2076
HM PROJECT #2008,011
5/13/2008
REF, DWG. #B-6356
VA-PL2009.1077 REV: 1
PORT OF THE ISLANDS
COMPANION: RZ-PL2009-910
DATE: 12/31/09 DUE: 1/15/10
LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28
EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP
52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S,00037'46"E., ALONG THE
EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, FOR A DISTANCE OFB84,23 FEET;
THENCE RUN N.45037'46"W., FOR A DISTANCE OF 269,88 FEET to THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 82,50 FEET THROUGH A
CENTRAL ANGLE OF 45000'00" SUBTENDED BY A CHORD OF 63.14 FEET AT A BEARING OF
N.23007'46''W" FOR A DISTANCE OF 64.80 FEET TO THE END OF SAID CURVE; THENCE RUN
N.00037'46"W., FOR A DISTANCE OF 85,06 FEET; THENCE RUN S.89022'14"W., FOR A DISTANCE OF
35.00 FEET; THENCE RUN N.00037'46''W., FOR A DISTANCE OF 350,03 FEET; THENCE RUN
N,00038'58''W., FOR A DISTANCE OF 299.88 FEET; THENCE RUN N.89021'02"E. FOR A DISTANCE OF
77,18 FEET; THENCE RUN N.00052'04''W., FOR A DISTANCE OF 3.06 FEET; THENCE RUN
N.89007'56"E., FOR A DISTANCE OF 35.00 FEET; THENCE RUN S.00052'04''E,, FOR A DISTANCE OF
3.19 FEET; THENCE RUN N,89021'02"E., FORA DISTANCE OF 137,82 FEET TO A POINT ON THE
EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE RUN S.00038'58"E.,
ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4 FOR A DISTANCE OF
300.00 FEET TO THE POINT OF BEGINNING; CONTAINING 4.848 ACRES, MORE OR LESS.
THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE SOUTHEAST QUARTER OF
SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA AS BEING
S,00037'46''E.
HOLE MONTES, INC.
CERTIFICATE OF AUTHORIZATION LB # 1772
BY: fl~ !k, Ith~
THOMAS M. MU HY
P.S,M. #5628
STATE OF FLORIDA
H:\l'.200\S.S~$e= by NlIIJIe of LocaloMPOII2.llOeOl lYllQllldK b-6J56.DOC
Naples. Fort Myers' Venice
'IIill~""""8J:
aw-.I 0. ,............
YOUJIQ, Y.ANA5IIlNDBIP. vMHADOB & JI!ImMrI. fA.
101 LAIJIIL OA&: IlaMS.IWD 300
KAftJ!B.fL !JIG.Z77'
Agenda Item No. 17C
10~ay 25,2010
1863946 OR: 1989 PG: M!ge 21 of 65
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..... Dl _ 01058920209
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Warranty Deed
'l'hio IDdoatare, MIde 1bis.!1lJ day of August, 1'94 A.D. , IletweeD
PORT OP TBB ISLANDS, INC., a. corporatiol1 existing under the laws
of the state of 1."1orida
t z:raator, Ml4
PORT 011' 'I'BB ISLANDS COMHUNIT1I' IMPROVEMENT DISTRICT. a political
subdivision,
'-'-''''*'-_:10300 NW 11th MANOR, CORAL SPR.INGS, F1ori.da 33071
Stale: 01 Florida
Wi;;ness ~
~.....Q ~ ~
PriJlted N, .:r: lJ.. II I 5
Witness
g~~;l%~er (Corporate Seal)
n.c ~ ~ ...~ bdmo me ebb .30tlt .,. of ~ August, 1'94 b1
THOMAS L. BARNARD, President of PORT OP THE IsI.AlIDs; IHe.,
_~;~Beil..--nlbow11ktlDc.JrlJr fIW . Florida Coqocnliga.
",.,:.,.;." ..idcai~
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Printed Name, 1"'. '[)rt " ; :s
NaTARYPUBI1C
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Page 22 of 65
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A ...w:n. (E lAND LOC....rtO .. 1)4[ [Astin U $EC1lON 4. T~SHP 51
SCUTl\ JtANCC 25 E....ST. cD.UEJI CWMTY. f'\.ClltlOA. ElOHC wOM:
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pAT ~~~~E" ~ ~= ~t'i*~~"~nt. IWI~
MAST 1/& Dt SAID SECnON .. rOl ..
Of RUN No ....J1"4,.. ...
0' lMt souK..S.T 1/4 01 $AtO SECTION
&. A Dl$"IAMCE: OF z:'lO.CO m?; 'DoitMCt ~ H. OO"Kru. Eo.
PARAUA ..,.. JHt EMf LI< 01 M lII'N'lMtASf \14 or SM.I SCC'llo.. 4.
roft .. CltSTAHCE or 350.0) FUt: '!HENCE R~ k. OO'1t.O'- t...
PNt.ll1O. -..1H tHE [AS' LIoIC or M HORt'KEASf ,/& or $AU) s:tC'ClOft
4,FOlt A 1lIST.....ct ~ M.1t nrt: MNCt IIUN So ItW5t" t..
~ 10 KEAST UMt or K" NDtUlt[ASt t/4 or SAG stC1tOtf
.. roR A Ol$TMCt or 250.00 ftt't. to A. POtNt ON THE tAST UHE OC nE
NOII:nf!AST 1/4 or SIIlO stCJ'lON ot; nctHc:t MUM So OO"t"O," t. AlONe
::-i,= g.tft:s:oonc~~::T ~,~~~~ .. ~ A
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"NOT A SURVEY"
SKETCH TO ACCOMPANY
LEGAL DESCRIPTION.
OF
A PORTION OF THE E.1/2 OF
SEC. 4, TWP.52S., RGE.28E.
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tat OR: 1989 PG: 1056 Hty 25,2010
Page 23 of 65
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Agenda Item No. 17C
May 25. 2010
Page 24 of 65
Prepared by:
Daniel H. Cox, I'.A., Allorney at Law
P.O. Drawer CC
Carrabelle, FL 32322
(850) 697-5555
VA-PL2009.1077 REV: 1
PORT OF THE ISLANDS
COMPANION: RZ-PL2009-910
DATE: 12/31/09 DUE: 1/15/10
SPECIAL WARRANTY DEED
TIllS INDENTURE, made and executed this ;2..2- day of ~ ,2009, by
BRH ENTERPRISES, LLC, a f10rida limited liability company whose address is 425
Ridge Court, Naples. FL 434108, hereinafter called "Grantor", and Port of the Islands
Community Improvement District, an independent special district established pursuant
to Chapter 190, Florida Statutes, whose address is 5726 Corpomtion Circle, Ft. Myers,
FL 33905, hereinafter called "Grantee."
(Whenever used herein, the terms "Grantor" and "Granlee" include all the parties to this
instrument and the heirs, legal representatives, and assigns of individuals, and the
successors and assigns of corporations, trusts, and trustees.)
Witnesseth, that the Grantor, for and in consideration of the sum ofTen and 0011 00
Dollars ($10.00), and other good and valuable consideration paid by Grantee, the receipt
of whieh is hercby acknowledged, does hereby grant, bargain, sell and convey to Grantee
and Grantee's heir und assigns forever, the following described land (the "Property"),
situate, lying und being in the County of Collier, Slnte of Florida, to wit:
See attached Exhibit "A" being a purt ofCollicr County Parcelldcmification
Number 01058920005.
Subject to zoning, building code and other use restrictions imposed by governmental
authority and all malleI'S which a reasonable search of the Public Records of Collier
County, Florida would discover.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging
or in unywise appertaining, including but not limited to, casements, utility reservations,
all governmental and other approvals pertaining to the Property and speci nenlly
transferring as a part of this conveyance, six of the equivalent residential connections
held for the benerit of Grantor's property.
TO HAVE AND TO HOLD, the samc in fec simple lorever.
AND the Grantor docs hereby covenant with Grantee that, except as noted above. at the
time of delivery of this deed the land was free from all encumbrances mmk by Grantor,
Agenda Item No. 17C
May 25,2010
Page 25 of 65
and Gralllor will warrant the title to said land "lid defend the s/Ilne against the lawful
claims and demands of all persons claiming by, through or under Grantor, but against
none other.
fN WITNESS WHEREOF, the Grantor has hcreunto set his hand and seal the day and
year lirsl ubove written. .
Signed, seulcd and delivered
in our presence
/lfa Ii ~ .
Signat~ . ~
BRI-I ENTERPRISES, LLC. a Florida
limited liability company
By: ~ Jj~~
'Bruce R. Ilolocck, Manager
'A~I=lV \-I. GiUSTIZlfl.
Printed Name
(SEAL)
~
Signature
/~~J!.<< ~~~
Printed Name
ST A T1~ OF FLORIDA
COUNTY OF Co r(.'-<r
The foregoing instrument was acknowledged befure me this .1';... day 01~ 2009,
by Bruce R. Holocek, Manager ofBRH Enlcrpriscs, LLC, a Florida limited liability
company. lIe ~ is personally known to me or !_J produced as idcntitication the
following document:
~
Notary Public
HM
HOLE MONTES
_.II.\IMIIS.SlII!IF/ORS
IANl$CAPE !IIQIll'CI1IIlE
950 EnCOI1l ~'NapIes, _ 34110. Phone: 239.254.2000' Fax: 239.254.2015
HM PROJECT #2008.011
4/2912008
REF,DVVG.#~55
Agenda Item No. He
May 25, 2010
Page 26 of 65
I: :r t" L-:J. .4
LEGAl DESCRIPTION:
A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 4, TOVVNSHIP 52 SOUTH, RANGE 28
EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOVVS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 4,
TOVVNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00037'46"E.,
AlONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, FOR A DISTANCE OF
350.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF lAND HEREIN DESCRIBED;
THENCE CONTINUE S,00037'46"E" ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 4, FOR A DISTANCE OF 334.23 FEET; THENCE RUN N.45037'46"VV., FOR A DISTANCE OF
269.88 FEET TO THE BEGINNING OF A TANGENTiAl CIRCULAR CURVE CONCAVE
NORTHEASTER!. Y; THENCE RUN NORTHVVESTERl Y ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 82.50 FEET THROUGH A CENTRAL ANGLE OF 45000'00" SUBTENDED
BY A CHORD OF 63.14 FEET AT A BEARING OF N.23"07'46'W., FOR A DISTANCE OF 64.80 FEET TO
THE END OF SAID CURVE; THENCE RUN N.00"3r46"VV., FOR A DISTANCE OF 85.06 FEET; THENCE
RUN N.89"22'14"E" FOR A DISTANCE OF 215.00 TO THE POINT OF BEGINNING; CONTAINING 1.116
ACRES, MORE OR LESS. .
THIS PROPERTY SUBJECT TO EASEMENTS. RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS SHOVVN HEREON REFER TO THE EAST LINE OF THE SOUTHEAST QUARTER OF
SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA AS BEING
S.00037'46"E.
HOLE MONTES, INC.
CERTIFICATE OF AUTHORIZATION 18 # 1772
BY:~II/;.. ~
T MASM.M RP
P.S.M. #5628
STATE OF FLORIDA
H:'~:fl:~ 4. ~or,.,.,r:tI~l~dca~.ooe
Naples. Fort Myers . Venice
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DEVELOPMENT AGREEMENT
Agenda Item No. 17C
May 25, 2010
Page 28 of 65
This Agreement is between the Port of the Islands Co=unity Improvement District (CID),
whose address is c/o District Offices, 5726 CorpDration Circle, Ft. Myers, FL 33905 and BRR
Enterprises, LLC, a Florida limited liability company (ERR), whose address is 425 Ridge Ct.,
Naples, FL 34108.
A.. BRR is the current owner of a certain parcel of property within the boundaries of the CID
and adjacent to property owned by the CID on which the CID operates a waste water treatment
facility and potable water production and treatment facility.
D. BRR wishes to have the right to relocate Union Road in the future.
E. CID is willing to allow the facilities to be relocated under the terms of this Agreement.
NOW TIffiREFORE, in consideration of the premises and the mutual covenants contained
herein, which together are adequate and sufficient consideration for the promises to be kept, the
parties agree as follows:
1. BRR is authorized to retain the current configuration of Union Road along the western
portion of the CID's water and wastewater treatment plant site and is authorized to modify the
alignment of Union Road in the future when preparing site development plans for BRH's
property, provided BRR completes the construction of the road at its expense and to standards
which Collier County will require at that time. Placement of the final asphalt lift will be
coordinated with the CID's repaving of the southern portions of Union Road. Union Road must
remain a public road for access to the CID utilities property and the Gun Club and for authorized
access to state lands north of the CID boundaries. BRR grants to CID temporary right of use of
the transitional segment between the existing alignment and new road alignment until such time
as BRR identifies the final alignment of Union Road. .
2. BRR will transfer to CID by quit claim deed within thirty days of this Agreement a parcel
of land consistilig of one acre adjacent to the CID's water and wastewater treatment plant site to
replace the previously permitted and constructed stormwater management system. The location
of the subject property is illustrated in Exhibit 1 as "Parcel A", being approximately 1.116 acres.
CID recognizes and acknowledges thatParcel A will have 6 ERCs allocated to it.
3. BRR shall provide a minimum 10-foot-wide easement for any existing CID pipelines
which may nD longer be within the existing 35 foot Union road right-of-way following any
realignment of Union Road; and shall pay all costs associated with relocating any such pipelines
in the event relocation is desired by BRR Any such relocation of utilities will be in accordance
VA-PL2009-1077 REV: 1
PORT OF THE ISLANDS
COMPANION: RZ-PL2009-910
DATE: 12131109 DUE: 1115110
Agenda Item No 17C
May 25, 2010
Page 29 of 65
with plans approved by the CID's engineer and shall meet Collier County utility standards. A
portion of the future pavement may be located over CID's existing lineal utility facilities,
Agreeing to be bound, the parties have executed this Agreement on the date indicated.
WITNESSES
Port of the Islands Community Improvement
CS'~~diStrict
Dale Lambe~Cliairman "'
Date: \ (\\ ~q,
Signature
Print Name
~
~:~ ~-
Print Name
~
~<:'o-r- ~.
I
STATE OF FLORIDA
COUNTY OF COLLIER
. I.o~ ~
Acknowledged and subscribed before me on thill..E day of C!/~ ~ .2009, by
Dale Lambert as chairman of the Port of the Islands Community Improvement District. He is)d"
personally known to me or U produced as identification.
(SEAL) ~~~
Notary Pub I
.s>~y.~~'\. CALVlNlEAOOE
*.~ * MYCOMMISSlOHI00615804
"<.~ EXPIRES:NoIIlrnberI9,201Q
~"OF,,<jl" 1looded1lw6odgetNolalySe"""
WITNESSES
Jrh fl~
Si'Slla::J.
';r.At!Y '" ~!lISTIZ!P.
Pitw~
s=r
~S.~b~
Print Name
STATE OF FLORIDA
COUNTY OF COLLIER
Agenda Item No. He
May 25,2010
Page 30 of 65
rprises, LLC, a Florida limited
mpany~
Bruce R. Holecek, Manager
Date: /O/r21/09
Acknowledged and subscribed before me on this <2!1 day of October, 2009, by Broce R. Holecek,
as Manager of BRH Enterprises, LLC, a Florida limited liability company, on behalf of said
company, lie is personally YJlown to~.
h jj.~~
Notary ~lic ' ~
HM Agenda Item No. He
May 25, 2010
Page 31 of 65
HOLE MONTES
ENGMBISo ftNtImI$. su:M:mIIS
....,....,."""""""
!ISO Encont w.y. Naples. Florida 34110- Phocle:239.254..2000' Fat: 239.25,"2015
HM PROJECT Il2OO6.011
4129/2006
REF, DWG. #8-6355'
LEGAL DESCRIPTION:
A P ARCEt. OF lAND LOCATED IN A PORTION OF SECTION 4, TOWNSHIP 52 sourn, RANGE 26
EAST, COWER COUNlY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOlJ1HEAST QUARTER OF SECTION 4,
TOWNSHIP 52 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.OO"37'46"E.,
ALONG THE EAST UNE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, FOR A DISTANCE OF
350.00 FEET TO THE POINT OF BEGINNING OF rnE PARca OF lAND HEREIN DESCRIBED:
THENCE CONTINUE S.00"37'46"E., ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 4. FOR A DISTANCE OF 334,23 FEET: THENCE RUN N.45"3r46"W., FOR A DISTANCE OF
269.88 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE
NORTHEASTERLY: THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE
RIGHT, flAVING A RADIUS OF 62.50 FEET THROUGH A CENTRAl. ANGLE OF 45'00'00" SUBTENOED
BY A CHORD OF 63.14 FEET AT A BEARING OFN.23"07'46"W., FORA DISTANCE OF 64,80 FEET TO
THE END OF SAID CURVE; THENCE RUN N.OD"37'46'W., FOR A DISTANCE OF 85.06 FEET: THENCE
RUN N.69"22'14"E., FOR A DISTANCE OF 215.00 TO THE POINT OF BEGINNING: CONTAINING 1.115
ACRES. MORE OR LESS,
THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE SOUTHEAST QUARTER OF
SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA AS BEING
S.OO"37'46"E.
HOLE MONTES, INC.
CERTIFICATE OF AUTHORIZATION ill # ln2
BY:~~'~
TH MASM.M RP
P ,S.M. #5628
STATE OF FLORiDA
~""'brJbDOd~INtOJIdG$W=:;;.DOC
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CO~l.leR COUNTY GOVERNMENT
ADOR!:SS(NG DEPARTMENT
....- --....-...,..,..... IgIUV'/Vl.lQ.
Agenda Item No. 17C
May 25, 2010
2800 NORTH IiORSESH'Cr~b~fv~ 65
NAPLES, f"LORlDA 34104
~
...
'-..WDD'REssiNO"'CHECKLlst"'~'" <...:~." ':" ':.. --.:J
Please ~l1lpl~te the following mnd fa~ to the AddreS$ing Dl!flartm~nt at 239-252-5724 or submit i/1 person to the
Addro9sing Department at f1,~ above acic!re9s, Form m!!!!t.!2!..llJ.gned bv Addrlleslne Pf/rsonnel e,JjpllO-Pft\--llPplicatlon
mee~no, Dll/as\! i!llo1rY 3 da\(s for Dro~..sslnq.
Not all items will apply 10 li!Very projeet. Items in bold type are required. Forms Olel$! than S months will require
3ciciltlonel review and approval ~y the Aadresslng Departm~nt.
~...._,- ~..__I~.....
..__.~
.-. ,. ,....."
PETITION TYPE (C/leek pel,tlon type billow, complete D soparate A(idrfJS/li(lg Checklist for each Pelilion Type)
o ElL (Blasting Fermlt)
o aD (Boat OOek ExtensIon)
8 CarnivallClreus Permit
CU (Conditional Use)
o EXP (ExcavaUon Permit)
o FP (Final Plat
o LLA (Lot Line Adjl.lslment)
o PNC (Projeot Name Change)
o PPL (Plans & Plat Review)
o PSP (Preliminary Subdivision Pia!)
o PUO Re~one
[2l RZ (Standard Rezone)
o SOP (Site Development Plan)
o SOPA (SOP Amendment)
o SOPJ (!nsubstantlal Change 10 SOP)
o SIP (SIte Improvement Plan)
o SIPl (Insubstllntial Change to SfP)
o SNR (Street Namli Change)
B SNC ($treet Nama Chal'll/a - Unplatted)
"DR (TranSfer of Developmel'1t RIghts)
VA (Variance)
o VRP (Vegetation Remov..1 Permit)
o VRSFP (Vegetation Removal & Site Fill Permil}
o OTHeR
LSGAL DESCRIPTION of suo/eO! properly or properties (copy r,;f Ir:rlg/hy description m;ay 1)(1 attached)
SECTION 04, TOWNSHIP 52, RAGE 28 - p(l....Cc...(...-' 4-
FOLIO (Proporty lD) NUIIIIElER(s) of above (8/11;10/110. or /lSSOciate wltIl, leglll description if morc f11all one)
01058920209
STREET AD OR ESS or ADDRESSES (idS applicable, if a/rea(fy assir;noci)
12700 UNION ROAD
--..:;!~-- ~ ..... '-'.-..- . "-
....--- ...-......
. LOCATION MAP mu~t be attached Showtng exact location 01 prOjecUs~e in relation to nearest public road right-of-way
. SURVEY (copy - nCedoo only for unplatlad propllrtics)
PROPOSED PROJECT NAMe (if ~ppliC;8ble)
PROPOSED STREET NAMES (If applloable)
SfTE DEVELOPMENT PLAN NUMBER (for "xislinG proioclslr;/!G-s only)
SDP or AR #
VA-PL2009-1077 REV: 1
PORT OF THE ISLANDS
COMPANION: RZ-PL2009-910
DATE: 12131109 DUE: 1/15/10
I{IJ VV_/VU4
Agenda Item No 17C
May 25. 2010
Page 34 of 65
Pl'lge 1 of 2
ADDI3~SSI~~ C?HEC~.: PA~~_'!WO
PrOject or Clevelopment names proposed for, or already appearing In, condominium documents (if appllootion; Indicate
whether proposed or eXlsling)
PORT OF THE ISLANDS - COMMUNITY IMPROVEMENT DISTRICT
~~M ...........l
""""-
.--........." UM ___ .~~M._.
Please Check Ono:
l2':I Cheoklist is to be F g"eCf back
o Personally Picked Up
APPLICANT NAME: ROBERT L. DUANE, AICP
PHONE 254-2000 FAX 254-2099
Signature on Addressing Checklist does not constitute Project anO/or Street Name approval and is
subject to further review by the Addressing Department.
FOR STAFF USE ONLY
Primary Numbor 0 I O>~q 2...02-09
-
-;~_....._"'--_._-
.~._.- --
..:..........~....
Atldross Number
Address Numbllr
Address Number
Approved by: / tl. r'\...~
Updatecl by:
rYlQ2S... Q. >'Y'I
Date: O'b ~03 -DC]
Oat..;
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED
Page 2 of 2
NATURE OF PETITION
VA-PL2009-~%'7'fa Item ~~~
PORT OF THE Is~l5 ~; 65
COMPANION: RZ-PL2009-910
DATE: 12/31/09 DUE: 1/15/10
1. Are there special conditions and circumstances existinf! which are peculiar to the
location. size and characteristics of the land. structure or buildinf! involved?
The following are the special conditions associated with each of the five variance
requests for (a) rear yard setbacks; (b) the width of the proposed right-of-way; (c) to
reduce parking requirements; (d) the type B buffer from the perimeter or western edge of
the property to the east side of the access road; and (e) to not require a type D buffer
along the western edge of the access road.
a. The variance to Section 4.02.01, Table 2.1 of the LDC for the existing structures
to remain inside the 50 feet rear yard is supported by the following planning
considerations:
In the recent past, changes were made to the LDC pertaining to essential services
that no longer allow sewer and water treatment plant facilities in the CON District
which includes portions of the subject property. This, in turn, necessitates the
rezoning of the property to the P District. The P District requires front, rear and
side yard setbacks of 50 feet. These are triggered by the subject property's
location in relation to the CON District that requires the setbacks be applied to the
most restrictive zoning district within 100 feet of the subject property which is the
CON District. This district abuts the property to the north, west and east. The
. existing structures, although meeting the prior setback requirements under the
zoning in effect at the time of SDP approval for RT and CON zoning, would be
non-confonning with the P District zoning regulations thus supporting the need
for the variance request to the rear yard requirements from the east property line.
(See proposed Master Plan).
Another special consideration that supports the rear yard setback variance is the
size and configuration of the property that provides a minimal amount of area for
all existing and planned facilities.
A special consideration that serves to mitigate the impacts of the proposed
variance to the rear yard requirements is that abutting lands to the east of the
subject property area zoned CON and owned by the State of Florida with an
overlay for Area of Critical State Concern. This property is unlikely to be
developed, therefore, lessening the impacts of existing structures allowed to
remain in proximity to the east property line.
b. The proposed variance to reduce the right-of-way width from 60 to 35 feet for the
access road to be relocated to the western edge of the subject property that will be
constructed with no sidewalk and have a graded surface is based on the following
special considerations. No sidewalks are currently provided for the existing access
road to the relocated to the west and no sidewalks are in the general area
1
H:\2009\2009020ILDWarianceINA TURE OF PETITION (part of application) DRAFT.docx
Agenda Item No. 17C
May 25,2010
Page 36' of 65
Sidewalks, however, are provided from the proposed handicap parking spaces to
parking and building areas,
The width of the proposed access easement to be relocated to the west historically
has been 35 feet in width and is served by only a limited amount of traffic to
service the proposed facility. As was the case with the special considerations for
the rear yard setback, the subject property, due to its size and configuration, has a
minimal amount of area as can be seen from the proposed site plan to
accommodate all of the existing and planned facilities to meet the needs of
essential services for the Port-of-the-Islands. Providing an excessive right-of-way
width is not an efficient use of the land.
c. The proposed variance to Section 4.05.01, Table 17 parking space requirements of
the LDC, to allow the parking for the essential service facility to be based upon
the nUlllber of employees per longest shift rather than 1 space per 500 SF for the
water treatment plant (whichever is greater), Approval of this request will allow
the essential service facility to minimize their parking needs, and free up more
area for the essential service facilities, open space and stormwater management
needs.
For example, the water treatment plant of 8,625 SF would require 17 parking
spaces, whereas, the nUlllber of employees per shift has historically been met with
a lesser nUlllber of parking spaces, i.e., 3 spaces. Therefore, the five proposed
parking' spaces shown on the Master Plan are sufficient to meet the needs of the
existing and proposed essential services.
d. The fourth variance is to Section 4.06.02.c.4 of the LDC which requires a type D
landscape buffer adjacent to any road right-of-way extemal to the development
project along the western edge of the shared access road that will be shared with
adjoining properties, A variance to Section 6.06.01.P.1. will also be required to
waive this buffer at this location,
e. The fifth variance to Section 4.06.02 Table 2.4 of the LDC to allow the type B
buffer to be located on the east side of the common access road as an alternative
to locating it on the west side of the shared access road on the perimeter of the
subject property.
2. Are there special conditions and circumstances which do not result from the action
of the applicant such as pre-existing- conditions relative to the property which is the
subiect of the variance request?
As noted above, there are special considerations for each of the variances. These include
the existing conditions of the property, its size and configuration, changes to the LDC
provisions pertaining to essential services, the location of existing structures, the more
restrictive standards of the P District triggered by the proximity of CON District and its
historic use.
2
H:\2009\2009020'\LD\Variance\NA TURE OF PETITION (part of application) DRAFT. d ocx
Agenda Item No 17C
May 25, 2010
Page 37 of 65
3. Will a literal interpretation of the provisions of this zonme code work unnecessarv
and undue hardship on the applicant or create practical difficulties on the
applicant?
A literal interpretation of the LDC would pose a hardship to the applicant for among
other reasons it would not allow existing structures to remain in the rear yard setback as
noted. A literal interpretation of the parking requirements would require excessive
parking to be provided for which there is no bone fide reason to provide based on the
historical use of the property. The same issue pertains to the width of the right-of-way for
the access easement. Historically, a 35-foot wide access easement is sufficient to
accommodate the limited historical use of the property. Relocating the buffer from the
west side to the east side of the shared access road dedicated by the property owner to the
west to the CID District will provide an acceptable level of screening and buffering, The
size and configuration of the property also supports the case for this hardship by resulting
in the more efficient utilization of the land by allowing the buffer to the east of the access
road to be shared with the water management area.
4. Will the variance. if eranted, be the minimum variance that will make possible the
reasonable use of the land. buildine or structure and which promote standards of
health. safety or welfare?
Based on the above considerations, the proposed variance requests are the minimUlll
variances that will make possible the reasonable use of land, buildings of structures and
which promotes standards of health, safety and welfare.
5. Will eranune the variance reQuested confer on the petitioner any special privileee
that is denied by these zonine reeulations to other lands. buildines, or structures in
the same zonine district?
Based on existing conditions and special considerations associated with the proposed
variances, they do not grant a special privilege that is denied by these zoning regulations
to other lands, buildings or structures in the same zoning district.
6. Will erantine the variance be in harmony with the intent and purpose of this zonine
code, and not be iniurious to the neiehborhood. or otherwise detrimental to the
public welfare?
Granting the variance will be in harmony with the intent and purpose of this zoning code,
and will not be injurious to the neighborhood or otherwise detrimental to the public
welfare.
7. Are there natural conditions or phvsically induced conditions that ameliorate the
eoals and obiectives of the reeulations such as natural preserves, lakes, eolf course,
etc?
3
H:\2009\2009020\LDWarianee\NATURE OF PETITION (part of application) DRAFT.docx
Agenda Item No. He
May 25, 2010
Page 38 of 65
The subject property has previously been cleared and largely developed; therefore,
existing conditions will not ameliorate goals and objectives of the regulations.
8. WilIl!rantine the variance be consistent with the erowth manaeement plan?
The proposed variance is consistent with the growth management plan.
4
H:\2009\2009020\LD\Variance\NATURE OF PETITION (part ofapplication) DRAFT.docx
Agenda Item No. 17C
May 25,2010
Page 39 of 65
HOLE MONTES
~NGIN::f~ Pl.N~I-IEi\S $LtR\fEYClR:S
LM4DSCAPi ;'~CHlrl:.CTS
950 Encore Way' Naples. Florida 34110. PhOM: 239.254,2000' Fax: 239.254.2099
February 17,2010
Re: The Port-of-the-Islands Community Improvement District
Va."iance Application
V A-PL-2009-1077
HM Filc No.: 2009.020
Dear Property Owner:
Please be advised that the sender on behalf of The Port-of-the-Islands Community Improvement
District is seeking a variance to the Collier County Land Development Code in conjunction with
the construction of the new water and wastewater facilities to serve the future needs of the
community. The project is located on the north side of U.S. 41 and is in the general location of
the existing sewer and water treatment plant. The intent of this letter is to seek your input on the
application now on file with Collier County (Application #: V A-PL-2009-I077).
This petition is a companion item to the rezoning application of 4.8 "= acres from the RT and
CON and CU Districts to the P District. The rezoning application is for the expansion of the
existing utility site on 3.74"= acres plus another 1.1," acres for a community meeting room for the
POli-of-the-Islands Community Improvement District. The variance has five components that are
described below:
1. A variance to allow existing stluctures of an all accessory nature for sewer and water
facilities to be allowed within the 50 feet rear yard setback along the east property line.
(See proposed CPUD Master Plan).
2. The second variance is for a public roadway to be located along the western portion of
the subjcct property. The proposed roadway is 35 feet in width. LDC Section 6,06.01
requires a right-of-way of 60 feet. Therefore, the proposed roadway will necessitate a
variance to Section 6.06.01 of the LDC.
3. A parking variance is the third component of the request. Section 4.05,01, Table 17 of the
LDC requires that "industrial use/activity processing (not otherwise listed) requires 1
space per 500 square feet or I per employee of the longest work shift, whichever is
greater.
4. The fourth variance is to Section 4.06.02.c.4 of the LDC which requires a type D
landscape buffer shall be required adjacent to any road right-of-way external to the
development project along the western edge of the shared access road that will be shared
with adjoining properties.
H:\2009\2009020\LD\Valiance\Propelty Owner Advisory Lt11er and Celtificnfion I00217.docx
Re: The Port-of-the-Islands Community Improvement DistIict
Variance Application
V A-PL-2009-1077
HM File No.: 2009.020
February 17,2010
Page 2
Agenda Item No. 17C
May 25, 2010
Page 40 of 65
A variance will also be needed pursuant to Section 6,06,0I.P.l of the LDC which
requires that "All existing and future public and private rights-of-way that are designed
parallel to each other or to the boundary of a subdivision or development, with no
building lots separating them from other rights-of-way or the project boundary, shall be
sepa.rated by a landscape buffer, pursuant to section 4.06.00. The buffer area in these
cases shall be separately designated on the final subdivision plat as a tract or easement
and shall be dedicated on the final subdivision plat cover sheet to the appropriate property
owners' association or like entity for operation, maintenance, and upkeep purposes."
5. The fifth variance to Section 4.06.02 Table 2.4 of the LDC to allow the type B buffer to
be located on the east side of the common access road as an alternative to locating it on
the west side of the shared access road on the perimeter of the subject property.
In order to provide you all opportunity to become fully aware of our intention, you may choose
to telephone me for further infOlmation at 239-254-2000. In any event, please be advised that we
are interested in assuring you that our request should not adversely affect your property interest.
Very trul y yours,
HOLE MONTES, INC.
REPRESENTING THE PORT-OF-THE-ISLANDS COMMUNITY IMPROVEMENT
DISTRICT
Robell L. Duane, AICP
Planning Director
Enclosure: CPUD Master Plan
H:\2009\2009020\LD\Variance\Pl'Opelty Owner Advisory Letler and Ccnjfication I00217.docx
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HOLE MONTES
ENGINEERS . PL.ANNERS ' SURVEVOR,S
LANDSCAPE ARCHITECTS
Agenda item No. 17C
May 25,2010
Page 42 of 65
950 Encore Way' Naples, Florida 34110. Phone: 239.254.2000' Fax: 239.254.2099
December 31, 2009
VL4 HAND-DELIVERY
Danelle Carrel, Intake Planner
Collier County Government
2800 North Horseshoe Drive
Naples, FL 34104
VA-PL2009-1077 REV: 1
PORT OF THE ISLANDS
COMPANION: RZ-PL2009-910
DATE: 12/31109 DUE: 1115110
Re: Port-of-the-Islands
Variance Petition Application
HM File No.: 2009.020
Dear Ms, Can'e!:
Attached are fifteen (15) copies of a variance petition for lands located on the north side ofU,S,
41 in the Port-of-the-Islands and further located in Section 4, Township 52, and Range 28E. The
Pre-Application Meeting notes are attached along with a check in the amount of$6,025.00.
This petition is a companion item to the rezoning application of 4.8 :i: acres from the RT and
CON and CU Districts to the P District. The rezoning application is for the expansion of the
existing utility site on 3.74:i: acres plus another 1.l:i: acres for a community meeting room for the
Port-of-the-lslands Community Improvement District. The variance has five components that are
described below:
I. A variance to allow existing structures of an all accessory nature for sewer and water
facilities to be allowed within the 50 feet rear yard setback along the east property line,
(See boundary survey and proposed CPUD Master Plan). This variance is needed because
Section 4,02.0], Table 2.1 of the LDC sets forth the yard requirements for base zoning
districts, This section of the LDC further requires the minimum yard requirements
(setbacks) for base zoning districts and for the P District to be the most restrictive
setbacks within the adjoining zoning district within 100 feet of the subject property. The
CON District is the most restrictive district within 100 feet of the subject property that
includes property to the east, north and west. Based on the surrounding zoning CON
Districts, the front, rear and side yard setbacks are 50 feet, necessitating the need for the
rear yard setback variance from the east property line.
In support of the proposed variance request for existing structures, it should be noted that
they are cUITently consistent with the LDC as they were previously approved under
regulations in effect at the time of SDP approval that are less restrictive than the P
District.
H:\2009\2009020\LD\Yariance\DC 091231 Submittal Lctler.docx
Danelle Carrel, Intake Planner
Collier County Government
Re: Port-of-the-Islands
Variance Petition Application
HM File No.: 2009,020
December 31, 2009
Page 2
Agenda Item No. 17C
May 25,2010
Page 43 of 65
It should also be noted that the proposed rear yard variances for existing structures are
adjacent to the east of lands owned by the State of Florida and are also zoned CON and
further located in the area of Critical State Concern, Therefore, they are unlikely to be
developed or impacted by the proposed rear yard variances for existing structures.
2. The second variance is for a public roadway to be located along the western portion of
the subject property. The proposed roadway is 35 feet in width, LDC Section 6,06.01
requires a right-of-way of 60 feet. Therefore, the proposed roadway will necessitate a
variance to Section 6.06,01 of the LDC. No sidewalks are provided on the shared access
roadway that may include a paved dust free surface, No sidewalks exist in the general
area, This variance is justified because of the roadway's limited use by utility and CID
staff and should be viewed as more temporary in nature until plans for nearby properties
that are outside the CID control are better defined.
The owner of the adjacent property and the CID District have an agreement which allows
the adjacent property owner to relocate Union Road at anytime in the future to a location
of their choosing to better accommodate development of the adjacent property. At that
time, Union Road will be modified to meet the needs of development of the property. At
this time, the 35-foot right-of-way is sufficient to provide limited access to properties
zoned CON of which most are owned by the State of Florida or governmental agencies
for conservation purposes.
3, A parking variance is the third component of the request. Section 4,05,01, Table 17 of the
LDC requires that "industrial use/activity processing (not otherwise listed) requires 1
space per 500 square feet or 1 per employee of the longest work shift, whichever is
greater. Office/retail areas shall be computed 1 space per 275 square feet." The proposed
water treatment plant comprises of 8,625 SF although the size of the structure is subject
to change based on final design consideration. Based on the LDC parking standard based
on the square footage of the water plant, 17 parking spaces would be required. The water
plant only requires 3 person per the largest shift and 5 parking spaces are shown on the
Master Plan, Historically, this limited number of parking provided is sufficient to meet
the water plant's needs rather than provide excess parking that serves no useful purpose.
Further justification for this request can be found in the Section 4,05.05 Parking
Variation in the P District that County Manager or his designee may determine the
required number of spaces is excessive for a specific use based on a number of factors
including the number of employees,...
4. The fourth variance is to Section 4.06.02.c.4 of the LDC which requires a type D
landscape buffer shall be required adjacent to any road right-of-way external to the
development project along the western edge of the shared access road that will be shared
with adjoining properties,
H:\2009\2009020\LD\Vanance\DC 091231 Submittal Letter.docx
Danelle Carrel, Intake Planner
Collier County Government
Re: Port-of-the-Islands
Variance Petition Application
HM File No.: 2009,020
December 31, 2009
Page 3
Agenda Item No. 17C
May 25, 2010
Page 44 of 65
A variance will also be needed pursuant to Section 6.06,01.P.l of the LDC which
requires that "All existing and future public and private rights-of-way that are designed
parallel to each other or to the boundary of a subdivision or development, with no
building lots separating them from other rights-of-way or the project boundary, shall be
separated by a landscape buffer, pursuant to section 4,06,00. The buffer area in these
cases shall be separately designated on the final subdivision plat as a tract or easement
and shall be dedicated on the final subdivision plat cover sheet to the appropriate property
owners' association or like entity for operation, maintenance, and upkeep purposes."
5, The fifth variance to Section 4.06,02 Table 2.4 of the LDC to allow the type B buffer to
be located on the east side of the common access road as an alternative to locating it on
the west side of the shared access road on the perimeter of the subject property,
The justification for the variances for landscaping is based on the following special
considerations: The access road on the western edge of the property will include the relocation of
a portion of Union Road through The Port-of-the-lslands and will provide access to the north and
west as shown on the Master Plan. The lands to the west of the subject property were under the
same ownership as the 1.16 acres located on the southern portion of the property to be dedicated
to the CID District and are subject to a development agreement included in this application. The
agreement under item no. 1 notes that "Union Road must remain a public road for access to the
cm Utilities property and the Gun Club for authorized access to state lands north of the cm
boundaries,"
Since the adjoining property owner to the west will benefit from the access road that he is
dedicating to cm District and will ultimately be providing screening and buffering on his side of
the property, this supports in part the request for not providing the type B buffer on the east side
of the access road and the type D buffer previously described,
Further supporting the landscaping variances is the limited use of the access road itself and the
size and configuration of the subject property that is minimal to support the existing and planned
structures, By locating the buffer areas on the east side of the access road, portions of the buffer
can be provided within the water management areas as allowed by the LDC (fifty percent)
providing additional areas for essential services while still providing appropriate landscaping for
screening and buffering.
In closing, we trust you will find the proposed variance request will be in the interest of the
public health, safety and welfare and consistent with generally accepted planning practices given
the existing use and conditions of the subject and surrounding properties,
H:\2009\2009020\LDWariance\DC 091231 Submittal Letter.docx
Danelle Carrel, Intake Planner
Collier County Government
Re: Port-of-the-Islands
Variance Petition Application
HM File No.: 2009.020
December 31, 2009
Page 4
Agenda Item No. 17C
May 25, 2010
Page 45 of 65
We have enclosed the following:
. Fifteen (15) copies of cover letter (this is the cover letter);
. One (1) fee check in the amount of$6,025,00;
Fifteen (15) copies of the completed Application;
. Fifteen (15) copies of Nature of Petition;
Fifteen (15) copies of the Pre-Application Meeting Notes dated 8/19/09;
. Two (2) copies of the completed Addressing Checklist;
. Fifteen (15) copies of the Master Plan/Conceptual Site Plan (24" x 36") and one (1) copy
of Master Plan/Conceptual Site Plan (8.5" x 11 ");
. Four (4) copies of the Boundary Survey;
One (1) copy of Owner/Agent Affidavit (signed and notarized);
. Three (3) copies of Warranty Deed;
. Three (3) copies of Special Warranty Deed;
. Three (3) copies of Sketch and Legal;
Three (3) copies of Development Agreement between The Port-of-the-Island Cornmunity
Improvement District and BRH Enterprises, LLC;
. Three (3) copies of Location Map;
. Five (5) copies of Aerial;
One (1) CD with electronic copies of all documents and plans;
. One (1) copy of Property Owner Advisory Letter and Certification - to be furnished
within thirty (30) after receipt of first review comment letter; and
. Fifteen (1 5) copies of Project Narrative - included in the cover letter.
Should you have any questions or require additional information, please feel free to contact me.
Very truly yours,
HOLE MONTES, INC.
~~.
Robert L. Duane, AICP
Planning Director
RLD/sek
Enclosures as noted.
cc: Cal Teague, District Manager w/enclosures
Ronald E. Benson, Jf., Ph.D., P,E" Senior Vice President w/enclosures
George H. Hermanson, P.E., Senior Vice President w/out enclosures
H:\2009\2009DZO\LD\Variance\DC 091231 Submittal Leuer.docx
eo1N:r County
~
Agenda Item No. 17C
May 25, 2010
Page 46 of 65
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
Date: fl-ll1- Oq Time: t 0'.00 AM
PL# ~ 1011
Assigned Planner: ~ "'bey b
Project Name:-Po1l!.:r'"" nr=: ....-u.e: :r::..~~D~
Project Addr (Location: /2. ;ZOO U #.,J 10 I-J "Rn
Applicant Name:~ D\A.a.~
Firm: UC'"J LE:
Phone: ~ '54- - 2DQ:::)
Current Zoning: RT t CoN
wi Cl.L to, DID 9.2.-59
Owner Name: -
Owner Address: -
Phone:
Meeting Attendees: (attach Sign In Sheet)
NOTES:
· ~J.U{~ ~(J';'V&l, ~r)~ 1hn 117 'qrIlUJ
. If telePhofr~Plication meeting is held, direcl the petitioner to coordinate with Undo
concerning the requirement for lhe pel11ioner 10 send the notice letter to the surrounding
property owners or 10 give lhem that information that Linda typically provides lhem
VA_PL2009-1077 REV: 1
PORT OF THE ISLANDS
COMPANION: RZ_PL2009-910
DATE: 12/31/09 DUE: 1/15/10
eo1mr County
~
Agenda Item No. 17C
May 25, 2010
Page 47 of 65
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLIERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
VA~ 1;<\,~C~P~T!TIOJit'..(Y,~) ),PJ!L1C,4.tIOIi' '
\/F\;/SUBNlirtAiicHECK(I~T; \<ii: .i;.;,..'
THIS COMPLETED CHECKLIST IS TO BE SUBMlmD WITH APPLICATION PACKET IN THE EXACT ORDER
LISTED BELOW WjCOVER SHEETS ATTACHED TO EACH SECTION.
NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED.
#OF NOT
REQUIREMENTS COPIES REQUIRED REQUIRED
Completed Application (download from website for current form) " 15 V
Pre-Applicalion meetina noles 15 ~
Completed Addressing Checklist, Sianed by Addressina Department " 1 ./'
Conceptual Site Plan 24" x 36" and one 8 Y, " x 11" copy ..J 15 V"
Survey of property showing the encroachment (measured in feet) 2 V-
Owner/Agent Affidavit signed & notarized "'. 1 '-""'"
Deeds/Legal's " 3 ~
Location mop .I 1 ~
Aerial photographs (10 ken within the previous 12 months min. scaled 5 ,/
1"=200'), showing FLUCCS Codes, legend, and proiect boundary .,;
Electronic copy of all documents and plans (CDROM or Diskette) 1 Y'
Historical Surveyor waiver request 1 ....-
Environmental Impact Statement (EIS) and digital/electronic copy of \/
EIS or exemption justification .... '..LL , ... 3
Within 30 davs after receiot 1 V .
provide Property Owner Advisory letter and Certification ,......n.e.J po ~
I Project Narrative ~j 15 ,/",
U Send copy of review package to Robin Singer, Planning Director, City of Naples
295 Riverside Circle, Naples, Fl 34102
FEES:
o Pre-application Fee $500.00 (Applications submitted 9 months or more after the date of the last
pre-app meeting shall not be credited towards application fees and a new pre-application meeting will
be required.)
Review Fees:
$2000.00 Residential
$5000.00 Non-Residential
After- The-Fact Zoning/land Use Petitions 2x the normal petition fee
[g! $1 00.00 Fire Review
[g! $925.00 Estimated legal Advertising Fee - CCPC Meeling
[g! $500.00 Estimated legal Advertising Fee - BCC Meeting
(over- or under-payment will be reconciled upon receipl of Invoice from Naples Daily News).
o 2500.00 EIS Review
o $1,000 Lisled Species Survey (if EIS is not required)
OTH,ER REQUIREMENTS:
129' NO II ~E:.Qu l~ FVR- V4i lANce:- /'
o
Co1fi!r County
~
Agenda Item No. 17C
May 25,2010
Page 48 of 65
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLIERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
PUBLIC PARTICIPATION REQUIREMENTS
LDC 10.03.05 F.3.
''Any applicant requesting variance approval or parking exemption approval must
provide documentation to the planning services department indicating that property
owners within 150 feet of the subject site have been advised of the extent and
nature of the variance or parking exemption requested within 30 days of receipt of a
letter indicating that the application is sufficient. "
Applicant must submit a Property Owner Advisory Letter certifying that the property
owners within 150 feet of the subject site were notified. Letter must have property
owners list attached.
Property owners list must be submitted after initial staff review and comment on the
application and before the Public Hearing is scheduled with the Collier County
Planning Commission.
Agenda item No. HC
May 25,2010
Page 49 of 65
OeselemKay
Subject:
.ocation:
Pre-app Rezone & Variance - Bob Duane, Applicant - Kay Deselem, Planner
Conference Room C
Start:
End:
Wed 8/1912009 10:00 AM
Wed 8/191200911:30 AM
Meeting Status:
Required Attendees:
(none)
Accepted
Recurrence:
DeselemKay; jarrelly; AblerKenneth; JohnsonJeremy; MossJohndavld; DeltoroZamlra;
wlley-r. OteroBrandy; CasalanguidaNick; beard_I; PodczerwlnskyJohn; BuchheitDavld;
AuctalrClaudlne; seaLs; GundlachNancy; DarcoChristopher; ashton_h; weeks_d;
tayloram@collier.k12.fl.us;AhmadVicky; Bob Duane
Request Information
Meeting Type: preapplication
Requested By: Robert Duane on 3D-Jul-09
Phone: 254-2000 eMell: bobduanetalhmena.cam
Representing: Hoie Montes
Foiio: 01058920209 Zoning POI CID SPD/SIP
Subject Type: Rezone & Variance
Location: 12700 Union Road
Description: Request a preappiication meeting in the morning regarding the POi CiD for a rezone fram RT and CON 10 P district. Thank you.
254-2000
Details
Agenda IIlagltoJ/;,OIfrt
May 25,2010
Page 50 of 65
~
~---JC--~
Sketches.. . Trim Notices... .____..__.___...__..___.___
Property Record
Parcel No. 01058920209
Current Ownership
Pro erty Address 12700 UNION RO
(j
Owner Name PORT OF THE ISLANDS COMMUNITY
Addresses IMPROVEMENT DISTRICT
25000 TAMIAMI TRL E
City NAPLES
State FL
Zip 34114 ~ 9602
Legal 452 28 THAT PORTION OF SEe 4
DESC IN OR 1989 PG 1054 AND
OR 1567 PG 1553, LESS SERVICE
ROAD
'For more than four lines of Legal Description please call the Property Appraiser's Office.
Section
Township
52
Ran e
26
Acres
3.21
Map No.
7D04
SlrapNo.
522804 004.0007004
II 'e:~::.e I
I
100
75
/I ACREAGE HEAOER
INSTITUTIONAL
1l~
219
"\l1!W!l9t
13.492
2009 Preliminary Tax Roll
(Subjectto Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Latest Sales History
Land Value $ 96,300.00
(+) Improved Value $ 82.849.00
=) Just Value $ 179,149.00
(-) SOH Exempt VaJue $ 0.00
(=) Assessed Value $179,149.00
H Homestead and other Exempt Value $ 179.149.00
f=) Taxable Value $ 0.00
SOH = "Save Our Homes" exempt value due to cap
on assessment Increases.
Date
09/1994
Book. Page
~54
Amount
$ 26,000.00
The InformatIon Is Updated Weekly.
http://www.colIierappraiser.comlRecordDetail.asp?Map=No&FolioID=OOOOOO 1 058920209 8/17/2009
Agenda Item No. 17C
May 25,2010
Page 51 of 65
MEETING NOTES
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H M LANO DEVELOPMENT
Agenda 1~~9~fC
May 25, 2010
Page 53 of 65
;l800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
COLLIER COUNTY GOVERNMENT
ADDRESSING DEPARTMENT
~
.'~"'
. - .';t(DD1ESsiNGCHECKlIst..~...
..~~
Please complele the following ..nd fax 10 the Addressing Dnpartm~nt at 239-252-5724 or submit ill person to the
Addre9sing Department at th~ "Above address, E.'<Lm_/!).~jlJJJ.nflJ!...Pv Addressioo Pffrsonnet ~Pl..lQ...P..i!'-applicatlon
meet/no, plea"ll allow....il~<}.r pro"~ss!n!l.
Not all items will apply to every project. ilems in botd type are required. Forms olClar than S months will require
additional review and epprovall)y the Addressing Department.
_._ ............I..t:.,
_~I
.. "M'''' ~
PETITION Type (c/leck pellllon type b~!ow, complete' 0 SOpOfDlc AddrlUising Clli!Ckfisl for each POlition Type)
o BL (Blasting Permit)
o BD (Boat DOCk ExlenslQn)
Q CarnivaVCircus Permit
o Cu (Conditional Use)
o EXP (E.cavatlon Permit)
o FP (Final PI"t
o LlA (Lot Line Adjustment)
o PNC (Project Name Change)
[] PPl (Plans & Plat Review)
fJ PSP (preliminary Subdivhion Pial)
1 PUD Rezone
"/ .:;J RZ (Standard Rgzone)
[] SOP (Sile Development Plan)
[] SOPA (SOP Amendment)
o SDPf (Insubstantial Change to SOP)
o SIP (Site Improvement Plan)
[] SIPI (lnsubslantial Change to SIP)
[] SNR (Street NamQ Change)
8 SNC (Street Name Ch'lOge - LJnplalled)
TOR (TranSfer of Developmer>t RIghts)
o VA (Variance)
[] VRP (Vegetation Removal Permit)
o VRSFP (Vegetation Removal & Sile Fill P"rmilj
[] OTHER
--.............:.........~..-- -"'-'-..--
..,"
--..- -..."--.....-.
U::GAL DESCRIPTION of sUbl"ct proP"rly or propert;"s (copy of lengthy description may "e aliI/oIled)
SECTION 04, TOWNSHIP 52, RAGE 28 PO-CC-L-l l..\-
FOLIO (property ID) NUMBER(<<) of above (al/acl'lo, Dr assoc'itl(e willl, legel description if mOrC Ihmt of/o)
01058920209
S-rREET ADDRESS or ADDRESSES (as applicable, jf alrr"ufy "ssi9T1Qd)
12700 UNION ROAD
. LOCATION MAP <nust be attached showillg exaClloca:lon of projecVslte in relation to ne"reSI public road right-of-way
. SURVEY (copy - needed Only for unplaUQd prOp&'ftics)
PROPOSED PROJECT NAME (if ~ppiic"ble)
PROPOSED STREET NAMES (if appliCable)
SITE DEVELOPMENT PLAN NUMBER (for flxisUf/'iJ proiocl~/$il"S only)
SDP orAR#
,~. -- ,......... v...........LVoJ~
~ . L~HU DEVELOPMENT
Agenda li!loo~01j7C
May 25,2010
Page 54 of 65
Page 1 oJ 2
~~5~':;_1~9. C?IiECKlIS'I ~.~.1:'~5_~2......
.. ..-..--'~--~..._.... .~~...,--....
PrOject or Oeveloprnent names proposecr for, or already appearir'g In. condominium dOcuments (if application; Indicate
whother proposed or eXisling)
PORT OF THE ISLANDS - COMMUNITY IMPROVEMENT DISTRICT
_....L...~..
---~- ." .-
..----"'
Please Check DnG:
!8J Checklist is to be F a>.ed back
o Personally Picked Up
APPl.ICANT NAME: ROBERT L. DUANE. AICP
PHONE 254-2000 FAX 254-2099
Signature on Addressing Checklist does not constitute Project and/or Street Name apprOval and is
subject to further review by the Addressing Department.
1:". . __ ...
FOR STAFF USE ONL Y
Primary Numbor 01 OS'6Qz..O G.-oq
~--......'-~ ,_.__~ ~'_""'~"'n
.u.... ~.
_____.._..2ll..""....
Atldross Number
Address Numbor
Address Numt:er
Approved by: -" [Y\..~
Updated by:
rYLQLt3:~
Dale: 0 '6 - L?. 3 - 0 9
Dale:
-----....~
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED
f'age 2 of 2
~
Agenda Item No. 17C
May 25, 2010
Page 55 of 65
Community Development & Environmental Services
2800 Horseshoe Drive N.
Naples, FL
34104
239-252-2400
Receipt Number:
Transaction Number:
Date Paid:
Payment Method:
Check Number:
Full Amount:
Amount Tendered:
Overage Amount:
Contact:
FEES:
DescriDtion
Pre-application Meeting
Pre-application Meeting
Cashier Name:
Batch Number:
RECEIPT OF PAYMENT
2009015978
2009-008481
08/19/2009
Check
52373
$1,000,00
$1,000,00
$0.00
Port of the Islands Community Improvment
210 N University Dr
Coral Springs, FL 33071
Reference Number Orloinal
m
/illlQlm!;
Paid
GL Account
PL20090000910
$500,00
$500.00 131-138326-341276
PL20090001077
$500,00
$500.00 131-138326-341276
murphylinda
432
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Agenda Item No. 17C
May 25,2010
Page 58 of 65
RESOLUTION NO. 10-_
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA RELATING TO PETITION NUMBER VA-PL2009-
1077 FOR FIVE VARIANCES TO ALLOW: (1) EXISTING STRUCTURES
TO BE PLACED WITHIN 12.6 FEET OF THE REAR PROPERTY LINE; (2)
A REDUCTION IN ROAD RIGHT-OF-WAY WIDTHS; (3) A REDUCTION
IN PARKING SPACES FROM 17 TO THREE SPACES; (4) A REDUCTION
FROM THE REQUIRED TYPE D BUFFER ALONG THE WESTERN
BOUNDARY OF SHARED ACCESS TO ELIMINATE THE BUFFER; AND
(5) A REDUCTION FROM THE REQUIRED TYPE B BUFFER TO ZERO
ON THE PERIMETER OR WESTERN EDGE OF THE SHARED ACCESS
ROAD ON PROPERTY LOCATED AT 12700 UNION ROAD ON 4,848
ACRES IN SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST IN
COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such
business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of variances; and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the
area hereby affected, has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of five variances: (1) a variance from LDC Section
4.02.01, Table 2.1, that required a 50-foot rear setback, to allow existing structures to be placed
within 12.6 feet of the rear property line, which is a reduction of 37.4 feet; (2) a variance from LDC
Section 6.06,01, that requires a 60-foot right-of-way width, to allow a 35-foot wide right-of-way
width, a reduction of 25 feet; (3) a variance from LDC Section 4,05.04, Table 17, that requires one
parking space per 500 square feet for a required] 7 parking spaces, to allow one space per employee
of the largest shift which would be no less than three employees, a reduction of 14 parking spaces;
(4) a variance from LDC Sections 4.06.02.C.4 and 6.06.01.P.I, that requires a type D buffer along
the western boundary of the shared access road to eliminate the buffer, a reduction of the buffer to
Port of the Islands V A-PL2009-1077
REV. 3/18/1 0
100
Agenda Item No. 17C
May 25. 2010
Page 59 of 65
zero feet; and (5) a variance from LDC Section 4,06.02 Table 2.4, that requires a type B buffer on
the perimeter or western edge of the shared access road, a reduction to zero feet, to allow the buffer
instead on the eastern edge of the shared access road on the property hereinafter described and has
found as a matter of fact that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Section 9,04.00 of the
Zoning Regulations of said Land Development Code for the unincorporated area of Collier County;
and
WHEREAS, all interested parties have been given opportunity to be heard by this Board in
public meeting assembled, and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA that:
Petition Number V A-PL2009-1 077 filed by Robert Duane, AICP of Hole Montes with
respect to the property located at 12700 Union Road and hereinafter described in Exhibit "A"
attached hereto and incorporated herein, be and the same hereby is approved for five variances:
1. A variance from LDC Section 4.02,01, Table 2.1, that required a 50-foot rear setback, to
allow existing structures to be placed within 12.6 feet of the rear property line, which is a
reduction of 37.4 feet;
2. A variance from LDC Section 6,06,01, that requires a 60-foot right-of-way width, to allow a
35-foot wide right-of-way width, a reduction of25 feet;
3, A variance from LDC Section 4.05.04, Table 17, that requires one parking space per 500
square feet for a required 17 parking spaces, to allow one space per employee of the largest
shift which would be no less than three employees, a reduction of 14 parking spaces;
4. A variance from LDC Sections 4,06.02.C.4 and 6,06.01.P.1, that requires a type D buffer
along the western boundary of the shared access road, to eliminate the buffer, a reduction of
the buffer to zero feet; and
5, A variance from LDC Section 4.06.02 Table 2.4, that requires a type B buffer on the
perimeter or western edge of the shared access road, a reduction to zero feet, to allow the
buffer instead on the eastern edge of the shared access road
Port of the Islands VA-PL2009-1077
REV. 3118110
20f3
Agenda Item No. 17C
May 25,2010
Page 60 of 65
as shown on Exhibit "B" attached hereto and incorporated herein; and subject to Conditions of
Approval attached hereto and incorporated herein on Exhibit "c",
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board,
This Resolution adopted after motion, second and majority vote this _ day of
,2010.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
By:
FRED W, COYLE, Chairman
, Deputy Clerk
Approved as to form
and legal sufficiency:
Heidi Ashton-Cicko
Section Chief, Land UselTransportation
0cf(,;)
1;I\'Cf\.
Attachments: Exhibit "A" - Legal Description
Exhibit "B" - Conceptual Plan of Development
Exhibit "c" - Conditions of Approval
CP\ I O-CPS-O 1 002\21
Port of the Islands V A-PL2009-1077
REV. 3/1811 0
300
HM
HOLE MONTES
ENGINEERS. PWlIlERS.'SUlMYORS
lANDSCAPE AIOI1TECTURE
950 Encore Way' Naples, Florida 34110' Phone: 239254.2000' Fax: 239,254.2075 ..
HM PROJECT #2008.011
5/1'3/2008
REF. DWG. #B-6356
May 25, 2010
Page 61 of 65
LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATED IN A PORTiON OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28
EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP
52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00'37'46"E., ALONG THE
EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, FOR A DISTANCE OF 684.23 FEET;
THENCE RUN N,45'37'46"W., FOR A DISTANCE OF269.88 FEET TO THE BEGINNING OF A
TANGENTIAL CIRC.ULAR CURVE CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 82.50 FEET THROUGH A
CENTRAL ANGLE OF 45'00'00' SUBTENOED BY A CHORD OF 63.14 FEET AT A BEARING OF
N.23'07'46'W., FOR A DISTANCE OF 64.80 FEET TO THE END OF SAID CURVE; THENCE RUN
N.00'37'46'W., FOR A DISTANCE OF 85,06 FEET; THENCE RUN S.89'22'14"W., FORA DISTANCE OF
35.00 FEET; THENCE RUN N.00'37'46'W., FOR A DISTANCE OF 350.03 FEET; THENCE RUN
N.00'38'58'W., FOR A DISTANCE OF 299.88 FEET; THENCE RUN N.89'Z1'OZ"E. FORA DISTANCE OF
77.18 FEET; THENCE RUN N.00'52'04'W" FOR A DISTANCE OF 3,06 FEET; THENCE RUN
N.89'07'56"E.. FOR A DISTANCE OF 35.00 FEET; THENCE RUN S.00'52'04"E., FOR A DiSTANCE OF
3,19 FEET; THENCE RUN N.89'Zl'OZ"E., FORA DISTANCE OF 137,82 FEET TO A POINT ON THE
EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTiON 4; THENCE RUN S.00'38'58"E.,
ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4 FOR A DISTANCE OF
300,00 FEET TO THE POINT OF BEGINNiNG; CONTAINING 4.848 ACRES, MORE OR LESS.
THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATiONS OR RESTRICTIONS OF RECORD,
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE SOUTHEAST QUARTER OF
SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA AS BEING
S.00'37'46"E,
HOLE MONTES, INC.
CERTIFICATE OF AUTHORIZATiON LB # 1772
BY: a.~ lit, '4h~
THOMAS M;MU HY
P.S.M. #5628
STATE OF FLORIDA
Exhibit A
I of 'J.
VA_PL2009-1077 REV: 1
PORT OF THE ISLANOS
COMPANION: RZ-PLZ009~910
DATE: 12/31/09 OUE: 1/15/10
H:~Sl.l/Yll)'\'"tlljOl:tst>YNllInllllf~ll'\1ev111d05~.PDC
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Exhibit B
Agenda Item No. 17C
May 25.2010
Page 64 of 65
CONDITIONS OF APPROVAL
Port of the Islands
V A-PL2009-1077
The variances granted are limited to what is depicted and described in the applicant's site plan
entitled "Conceptual Plan of Development" dated November 2009, revised March 3, 2010
prepared by Hole Montes, The site plan noted is conceptual in nature for variance approval.
The final design must be in compliance with all applicable federal, state and county laws and
regulations,
Revised 3/3/10
EXHIBIT C
Agenda Item No. 17C
May 25, 2010
Page 65 of 65
16D · Tuesday, May 11,2011) · RaplesDaily Rem
(.] :1'] II ',m~~~~ j i j ['JI~. ('J:l oj II"'I[~ ~~ ~ j i H'JI~.
NOTICE OF PUBUC HEARING TO CONSIDER RESOLUTION
~g~i~~ i~phpe::I~~ o1iV~~Ui~~a~~~~t:~jl~ h~ldC~L~~bl~o~~~~~n~~'T~~S~~~, B~~~d 2~:
~~~i c~~te~. B303~rrE~~'T:~i:~O~r~I~~j~~s:tl~~ri~~i.ldiT~e ~~~~in~O~7~ b~~r;r~
9:00 A.M. The title of the proposed resolution Is as,follows: .
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORI-
DA, RELATING TO PETITION NUMBER VA-P12009-'077. FOR FIVE VARIANCES TO' AL-
LOW: (1) EXISTING STRUCTURES TO 'BE PLACED WITHIN 12.6 FEET OF THE REAR
PROPERTY LINE; (2) A REOUcnON IN ROAD RIGHT-oF.WAY WIDTHS; (3) A REDUC-
TION IN PARKING SPACES FROM 17 TO THREE SPACES; (4) A REDUCTION FROM THE
REQUIRED TYPE 0 BUFFER ALONG THE WESTERN BOUNDARY OF SHARED ACCESS
TO ELIMINATE THE BUFFER; AND (5) A REDUCTION FROM THE REQUIRED TYPE B
BUFFER. TO ZERO ON THE PERIMETER OR WESTERN EDGE OF THE SHARED ACCESS
ROAO ON PROPERTY LOCATED AT 12700 UNION ROAD ON 4.B48 ACRES IN SEC-
TION 4, TOWNSHIP 52 SOUTH. RANGE 28 EAST IN COLLIER COUNTY. FLORIDA. .
A copy of the proposed Resolution is on file with the Clerk to the Board and is
available for inspection. All interested parties are invited to attend and be heard.
~"." ;,' '.' . .' '" 'I .. ", .
NOTE: All Persons wishing to speak on anr agenda item must register with the
~~id~1 ~~~~k~S;:~iJ~ g~i~rmWe~ri~e5t~i~~~~s ~~ea~?ei~~~. i\h~ ~~I:~i~~~r:~di'n'~~:
b~d~~~ tChs~.a~ ~~o~:~~~~~~ af~rO~g~~~~~ioonr c::,g~:~i~~ti~~n~~~rb~e~iIO~:dc~gn~~~
utes to speak on an item.
Persons wishing to ha,ve written' or graphic materials included in the Board agenda
~~~~ktsh~~~g~ub~\~~idca~e~tw~~:n m~~~~ri~s ~~t~nd:d~o Pbi~r c~~sfS:r:t~ct;~
Board shall be submitted to the appropriate County staff a minimum of seven da~
prior to the public hearing. All material used in presentations before the Board Will
become a permanent part ofthe record.,
Any person who decides to appeal a decision of the, Board wiIJneed a record of the
f;~~~dd~~g:h~e~~~~~~i~~:rfsto m~d~, t~h~f~r~ec~r':l i~~~~~~' t~n:u::ni~a~~ ~~ga~~~
dence upon which ~he appear is based. " .
If you are a person with disability who needs any accommodation in order to par-
ticipate in thiS proceeding, you are entitled,atno cost to you,to the provision of
~~~~n I~~s~~~nc:t Pj~~~ f~~~:~i t~~a~oJ~i::t C~~j~:9ac~ie~~i~~g~fg~id~ D31,an:
(239)252.8380; . Assisted listening devices for the heanng impaired .are available in
the County Commissioners' Office,
BOARO OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
Mt'tv11701O
Nn1Rt;]R47