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HEX Backup 07/26/2018 COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS JULY 26, 2018 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,JULY 26,2018 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING&REGULATION BUILDING, 2800 N.HORSESHOE DRIVE,NAPLES,FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. VA-PL20170002719 — Joseph Paiva requests a variance from the minimum rear yard setback in Ordinance No. 14-10,as amended,the Temple Citrus Grove RPUD,to reduce the minimum rear yard setback on an open space lot from 3 feet to .1 feet for an existing pool screen enclosure and pool, located at Lot 176, Temple Citrus Grove subdivision, also described as 13636 Mandarin Circle, in Section 12, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator:Timothy Finn,AICP,Principal Planner] B. PETITION NO. BDE-PL20170004086 — 179 Topanga, LLC requests a 20 foot boat dock extension over the maximum 20 feet limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 40 feet to construct a docking facility to accommodate two vessels for the benefit of Lot 87 of Southport on the Bay Unit One, also described as 179 Topanga Drive, in Section 6, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator:Timothy Finn,AICP,Principal Planner] 4. OTHER BUSINESS 5. PUBLIC COMMENTS 6. ADJOURN Ann P. Jennejohn From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent: Tuesday, June 26, 2018 9:36 AM To: Minutes and Records Cc: Ann P.Jennejohn; BellowsRay; BosiMichael; KendallMarcia; PageErin; NeetVirginia; RodriguezWanda; FinnTimothy; SmithCamden;VelascoJessica Subject: HEX Advertisement Request PL20170002719 Attachments: 2 x 3 Ad Map.pdf;Ad Request.docx; Signed Ad Request.pdf Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, "leexasdna C?ameow:. Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-TBD Note: Email Address Has Changed Alexandra.casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iv/CollierZoning. Co ler County Exceeding Expectations Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. i June 26, 2018 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on July 6, 2018, and furnish proof of publication to the attention of Timothy Finn,Principal Planner in the Growth Management Department,Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} FUND&COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500186697 Account Number: 076397 Ri......-Y 7-.J.X________ Authorize ;Qesignee signature for HEX Advertising P120170002719 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M.,July 26th,2018, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: PETITION NO. VA-PL20170002719 — Joseph Paiva requests a variance from the minimum rear yard setback in Ordinance No. 14-10,as amended,the Temple Citrus Grove RPUD,to reduce the minimum rear yard setback on an open space lot from 3 feet to .1 feet for an existing pool screen enclosure and pool, located at Lot 176, Temple Citrus Grove subdivision, also described as 13636 Mandarin Circle, in Section 12, Township 49 South, Range 25 East, Collier County,Florida (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Igli1111 j�z ' am► co) a.cciaii 9Ili \ %iiiiiii 1 g. • % I oi i c.:= I"i— c- 01 I i i 0,, i i i i i i b* , �P 111 (111) ps) , 11111111111 00- brG 0w !' d IIIIIIIIII 11111111111111 IIIlIIIIflhIIIIIIIII_ManchesteçWAYManchester 'a� �"" 111ft a> I R ; CD 111U1111111111 � 11a111111111 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday,June 26, 2018 9:38 AM To: 'CasanovaAlexandra' Subject: RE: HEX Advertisement Request PL20170002719 Good Morning Alex, l'll sevtd your proof a.s.a.p. Tl'tavtk you! Ann Jennejohn., Deputy Clerk Board Minutes & Records Department Collier County Value Adjustevvtevtt Board 239-252-8406 From:CasanovaAlexandra<Alexandra.Casanova@colliercountyfl.gov> Sent:Tuesday,June 26, 2018 9:36 AM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn<Ann.Jennejohn@collierclerk.com>; BellowsRay<Ray.Bellows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; KendallMarcia <Marcia.Kendall@colliercountyfl.gov>; PageErin <Erin.Page@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Subject: HEX Advertisement Request PL20170002719 Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, litexeutellta ea4,4404ga Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-TBD Note: Email Address Has Changed Alexandra.casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Co ier County Exceeding Expectations 1 Ann P. Jennejohn From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Tuesday, June 26, 2018 10:31 AM To: Minutes and Records Cc: CasanovaAlexandra;VelascoJessica; SmithCamden; FinnTimothy;AshtonHeidi Subject: re: HEX Advertisement Request PL20170002719 - Paiva/13636 Mandarin Circle Attachments: 2 x 3 Ad Map.pdf;Ad Request.docx; Signed Ad Request.pdf The text of the ad request is good. Please ask the NDN to reduce the map to the appropriate size and turn to a north/south orientation. As I will be out of the office until Monday, July 2nd, please copy Heidi Ashton-Cicko (and me) on all correspondence relating to this ad request. She will need to give approval of the proof, after staff and applicant approval has been obtained. Thank you, Wanda Rodriguez, .ACP .Advanced Certified Paralegal Office of the County .Attorney (239) 252-8400 Upcoming out of office: June 27th-June 29th From: CasanovaAlexandra Sent:Tuesday,June 26, 2018 9:36 AM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn<Ann.Jennejohn@collierclerk.com>; BellowsRay<Ray.Bellows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; KendallMarcia <Marcia.Kendall@colliercountyfl.gov>; PageErin <Erin.Page@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; VelascoJessica<Jessica.Velasco@colliercountyfl.gov> Subject: HEX Advertisement Request PL20170002719 Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, ,4 eaaIIaa e2 maw-cat Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples,FL 34104 Phone:239-252-TBD Note: Email Address Has Changed Alexandra.casanovaWcolliercountvfl.gov 1 Acct #076397 June 26, 2018 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: VA-PL20170002719 (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) on Friday, July 6, 2018, and send the Affidavit of Publication, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500186697 June 26,2018 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on July 6,2018,and furnish proof of publication to the attention of Timothy Finn, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement,and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} PURCHASE ORDER NUMBER: 4500186697 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M.,July 26th,2018, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: PETITION NO. VA-PL20170002719 — Joseph Paiva requests a variance from the minimum rear yard setback in Ordinance No. 14-10, as amended,the Temple Citrus Grove RPUD,to reduce the minimum rear yard setback on an open space lot from 3 feet to .1 feet for an existing pool screen enclosure and pool, located at Lot 176, Temple Citrus Grove subdivision, also described as 13636 Mandarin Circle, in Section 12, Township 49 South, Range 25 East, Collier County, Florida (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida 1\•i i..0 0 0 i i••.0 II iiii I 9c)(t'c'1 willi co L. of����111�l1l1l1 0 Al III Ihilk �� 11 a ; \ � Zy � �� IIIIIIIII:11111111111 '0' 1 Ai II 1 1.11.'Alill I Ts um • • ' 1II 1111 II III Ma hes_te r_VVAY III� e 41111Man h"��'° 111_ 1 0 III lio -,.." .79 hildill � UIIIIIIIIIIIII IIINIIIIIIIIIISo s Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday,June 26, 2018 10:14 AM To: Naples Daily News Legals Subject: VA-PL20170002719 Display(w/MAP) Attachments: VA-PL20170002719.doc; PL20170002719.docx;VA-PL20170002719.pdf Good Morning, Please advertise the attached display ad (w/MAP) on Friday, July 6, 2018. Thavtk you! Avtvt Jennejohn, Deputy Clerk Board Minutes Sr Records Departvvtevtt Collier County Value Adjustevvtevtt Board 23 9-252-8406 Ann P. Jennejohn From: NDN-Legals <legals@naplesnews.com> Sent: Thursday, June 28, 2018 9:53 AM To: Ann P.Jennejohn Subject: FW: Proof Naples legal ad 2054136 run date 07/06 VA-PL20170002719 Display (w/MAP) Attachments: ND-2054136.pdf Proof attached. Please review for approval, once I receive your approval I will release for publication.Ad cost$932.40 Thank you, Karol Kangas TODAY Napes Daily News TCPALM •NNETWORK knox news. Office: 239.263.4710 kkangas@gannett.com gannett.com From: Post-Sales Creative Southeast Sent:Thursday,June 28, 2018 9:47 AM To: NDN-Legals<legals@naplesnews.com> Subject: Proof Naples legal ad 2054136 run date 07/06 VA-PL20170002719 Display(w/MAP) Good Morning, Attached is the ad proof for approval or changes. Please reply to this email. Margy Lincoln Creative Consultant Team Naples Daily News PART OF THE USA TODAY NETWORK Office: 239-213-5372 MLincoln@Gannett.com Naplesnews.com From: NDN-Legals Sent:Tuesday,June 26, 2018 11:33 AM 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,July 26th,2018,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104, to consider: PETITION NO. VA-PL20170002719—Joseph Paiva requests a variance from the minimum rear yard setback in Ordinance No. 14-10,as amended,the Temple Citrus Grove RPUD,to reduce the minimum rear yard setback on an open space lot from 3 feet to .1 feet for an existing pool screen enclosure and pool,located at Lot 176, Temple Citrus Grove subdivision, also described as 13636 Mandarin Circle, in Section 12,Township 49 South,Range 25 East,Collier County,Florida Monticelo BLVD ` anecatla gW-D -3, Mancheali7L'N- --70110 ' EMI MancNeaie r,LN PROJECT = _ LOCATION alma — — _ _ r _ N 1\11, I a_ aWE 3 i '!, �� All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356, (239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida N0.E050136 0 PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT:6/27/2018 9:56 AM SALES PERSON: NDN7103 PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:07/06/18 ND-2054136.INDD SIZE:3 col X 925 in Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday, June 28, 2018 10:24 AM To: 'RodriguezWanda';Ashton Heidi; 'SmithCamden'; 'CasanovaAlexandra' Subject: legal ad 2054136 run date 07/06 VA-PL20170002719 Display (w/MAP) -Joseph PAIVA Variance Attachments: N D-2054136.pdf Good Morning, Please review the attached notice for HEX PETITION NO. VA-PL20170002719 that will be heard by the Hearing Examiner on July 26, as advertised ovt Friday, July 6, 2018. Thank you! Ann Jennejohn, Deputy Clerk l3oard Minutes & Records Department Collier County Value Adjustevvievtt Board 23 9-252-8406 From: NDN-Legals<legals@naplesnews.com> Sent:Thursday,June 28, 2018 9:53 AM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: FW: Proof Naples legal ad 2054136 run date 07/06 VA-PL20170002719 Display(w/MAP) Proof attached. Please review for approval, once I receive your approval I will release for publication.Ad cost$932.40 Thank you, Karol Kangas USA TODAY Naples Daily News TCPALM NETWORK knox news. Office: 239.263.4710 kkangas@gannett.com gannett.com From: Post-Sales Creative Southeast Sent:Thursday,June 28, 2018 9:47 AM To: NDN-Legals<Iegals@naplesnews.com> Subject: Proof Naples legal ad 2054136 run date 07/06 VA-PL20170002719 Display(w/MAP) 1 CasanovaAlexandra From: FinnTimothy Sent: Friday,June 29, 2018 3:10 PM To: CasanovaAlexandra Subject: RE: legal ad 2054136 run date 07/06 VA-PL20170002719 Display(w/MAP) -Joseph PAIVA Variance Approved Timothy Finn, AICP Principal Planner Co ger County Zoning Division NOTE: New Email Address as of 12/09/2017: Timothy.Finn@colliercountvfl.gov 2800 North Horseshoe Drive, Naples Florida 34104 Phone:239.252.4312 Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iv/CollierZoning. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From:CasanovaAlexandra Sent: Friday,June 29, 2018 3:07 PM To: FinnTimothy<Timothy.Finn@colliercountyfl.gov> Subject: FW: legal ad 2054136 run date 07/06 VA-PL20170002719 Display(w/MAP)-Joseph PAIVA Variance Tim, Good afternoon. Do we have your approval for this ad? Thank you, excued/ta eaaa raua Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-TBD Note:Email Address Has Changed Alexandra.casanova@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. 1 I Co r County Exceeding Expectations From: David Corban [mailto:dmc@davidcorban.com] Sent: Friday,June 29, 2018 3:04 PM To:CasanovaAlexandra<Alexandra.Casanova@colliercountyfl.gov> Cc: FinnTimothy<Timothy.Finn@colliercountyfl.gov>;SmithCamden<Camden.Smith@colliercountyfl.gov>; VelascoJessica<Jessica.Velasco@colliercountvfl.gov> Subject: RE: legal ad 2054136 run date 07/06 VA-PL20170002719 Display(w/MAP)-Joseph PAIVA Variance Hi,this looks fine. Does it need to mention that the work is done and that we are requesting an after the fact variance? David Corban architects, pllc Architecture /Planning /Sustainability 1042 sixth ave. north, naples, fl 34102 /fl license: ar0015672 o: 239.234.2500/c: 239.207.5528/www.davidcorban.com Please consider the environment before printing this email. From:CasanovaAlexandra<Alexandra.Casanova@colliercountyfl.gov> Sent:Thursday,June 28,2018 10:53 AM To: David Corban<dmc@davidcorban.com> Cc: FinnTimothy<Timothy.Finn@colliercountvfl.gov>;SmithCamden<Camden.Smith@colliercountyfl.gov>; VelascoJessica<Jessica.Velasco@colliercountvfl.gov> Subject: FW: legal ad 2054136 run date 07/06 VA-PL20170002719 Display(w/MAP)-Joseph PAIVA Variance David, Advertisement for:VA-PL20170002719-Joseph PAIVA Variance The public notice ad for Naples Daily is attached for your approval. If you wish to revise any portion of it, please respond with strike through and underline as to your proposed revision,which we will forward to the County Attorney for a decision. If you approve the ad, please reply approved. Respectfully, Atexcute44 eadaatvot Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-TBD Note:Email Address Has Changed Alexandra.casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Cater County 2 Ann P. Jennejohn From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Tuesday, July 3, 2018 11:40 AM To: Minutes and Records;Ann P.Jennejohn Cc: VelascoJessica; CasanovaAlexandra; SmithCamden; FinnTimothy Subject: FW: legal ad 2054136 run date 07/06 VA-PL20170002719 Display (w/MAP) -Joseph PAIVA Variance Attachments: 2 x 3 Ad Map3.pdf Importance: High Heidi has approved a revised version of the ad map, attached. Please ask the NDN to revise the proof using the attached revised map. Thank you, Wanda Rodriguez, MCP .Advanced Certified Paralegal Office of the County Attorney (239) 252-8400 From:AshtonHeidi Sent: Friday,June 29, 2018 3:46 PM To:VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; Minutes and Records<MinutesandRecords@collierclerk.com> Cc: RodriguezWanda<Wanda.Rodriguez@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov>; SmithCamden<Camden.Smith@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Subject: RE: legal ad 2054136 run date 07/06 VA-PL20170002719 Display(w/MAP)-Joseph PAIVA Variance Can we get a better map? How is anyone going to know where this is? There is no point of reference to a county road. Or, subdivision label. I am just looking at the map now. The text of the ad is fine. 77eiaa ton-ticko Heidi Ashton-Cicko Managing Assistant County Attorney Office of the Collier County Attorney 2800 North Horseshoe Drive,Suite 301 Naples, FL 34104 (239) 252-8400 From:VelascoJessica Sent: Friday,June 29, 2018 3:32 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; AshtonHeidi<Heidi.Ashton@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@ colliercountyfl.gov> Subject: RE: legal ad 2054136 run date 07/06 VA-PL20170002719 Display(w/MAP) -Joseph PAIVA Variance This is our ad approval from both the applicant and the planner. Heidi, do we have your approval for this ad? 1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday,July 3, 2018 11:58 AM To: Naples Daily News Legals; 'Cardenas, Mereida' Subject: FW: legal ad 2054136 run date 07/06 VA-PL20170002719 Display(w/MAP) -Joseph PAIVA Variance Attachments: 2 x 3 Ad Map3.pdf Importance: High Legal ad 2054136: Please ask the NDN to revise the proof using the attached revised map. Avtvt Jevtvtejohvt, Deputy Clerk Board Mivtutes & Records Department Collier Couvtty Value Adjustevvtevtt Board 23 q-252-8406, L ivi n9 sto RD . .��._. ... � Livingston RD _ _--------4-____, _ , , ., ,..... , ..7, , ,-1,... 7. .', . , ,Ivi,;„: , , . 4.„. A.' ' ' ii. A 111 , . . \Cm- , .,........ -...' - i• , t an h _,S o 0., .!. • • 1 r: ,,, ,,,,, ,, , ',,,,, i 3 , , , ,, , : :it , , , _, ; _ \ _ n, , " , _ . _ . . , , .. i , , . lb.. . ,., "msµ , , g 4 8 w( lim• Z / 0 0 , al uj ... F i o n Q V 0 0IL w ,,,,,,H,:: ,:; '..,..:±,:fr. ,tJ . H • NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,July 26th,2018,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104, to consider: PETITION NO. VA-PL20170002719–Joseph Paiva requests a variance from the minimum rear yard setback in Ordinance No. 14-10,as amended,the Temple Citrus Grove RPUD,to reduce the minimum rear yard setback on an open space lot from 3 feet to .1 feet for an existing pool screen enclosure and pool, located at Lot 176, Temple Citrus Grove subdivision, also described as 13636 Mandarin Circle, in Section 12,Township 49 South,Range 25 East,Collier County,Florida Irma r .4101 111 ®11 11Illi 01 /1t/1111 11 _ 11E111.. en°B\)♦ _ r_ / Iix � .!1111 ;�� -PROJECT i - LOCATION m- =111,1 =II! s ID- iMilk RI 4EC AAN %V+ ' v. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356, (239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida No- ,,,, ❑ PROOF O.K.BY: ❑ O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT:7/3/2018 2:43 PM SALES PERSON: NDN7103 PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:07/06/18 ND-2054136.INDD SIZE:3 col X 925 in Ann P. Jennejohn From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Thursday,July 5, 2018 8:52 AM To: Minutes and Records; Ann P.Jennejohn Cc: CasanovaAlexandra; VelascoJessica; SmithCamden; FinnTimothy;AshtonHeidi Subject: FINAL PROOF: Petition VA-PL20170002719 (Paiva Variance) Attachments: Ad-2054136 Paiva Variance.pdf;Ad Approvals - Paiva variance.pdf Ann, The revised proof with revised map looks good. Approvals from applicant and planning staff are also attached. Thank you! Wanda Rodriguez, MCP Advanced Certified Paralegal" Office of the County .Attorney (239) 252-8400 From:Ann P.Jennejohn [mailto:Ann.Jennejohn@collierclerk.com] Sent:Thursday,July 5, 2018 8:45 AM To: RodriguezWanda<Wanda.Rodriguez@colliercountyfl.gov> Subject: Petition V A-PL20170002719 (Paiva Variance) Hi Wanda, The Paiva Petitiovt proof, hopefully ruvtvtivtg tovvtorrow, is attached. Avwt Jevtvtejohvt, Deputy Clerk Board Mivtutes & Records Departwtevtt Collier Couvtty Value Adjustewevtt Board 239-252-840(o Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any 1 CasanovaAlexandra From: FinnTimothy Sent: Friday,June 29, 2018 3:10 PM To: CasanovaAlexandra Subject: RE: legal ad 2054136 run date 07/06 VA-PL20170002719 Display(w/MAP) -Joseph PAIVA Variance Approved Timothy Finn, AICP Principal Planner coker county Zoning Division NOTE:New Email Address as of 12/09/2017: Timothy.Finn@colliercountyfl.gov 2800 North Horseshoe Drive, Naples Florida 34104 Phone:239.252.4312 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From:CasanovaAlexandra Sent: Friday,June 29, 2018 3:07 PM To: FinnTimothy<Timothy.Finn@colliercountyfl.gov> Subject: FW: legal ad 2054136 run date 07/06 VA-PL20170002719 Display(w/MAP)-Joseph PAIVA Variance Tim, Good afternoon. Do we have your approval for this ad? Thank you, 7 xa.ac�JICt a dd. Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-TBD Note:Email Address Has Changed Alexandra.casanova@colliercountvfl.sov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. 1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday,July 5, 2018 8:55 AM To: 'Cardenas, Mereida' Subject: RE: Naples display legal ad# 2054136; run date 07/06/2018 VA-PL20170002719 Display(w/MAP) -Joseph PAIVA Variance Approved For publicatiovt!! Thank you! Avtvt Jevtvtejohvt, Deputy Clerk Hoard Mivtutes & Records Departwtevtt Collier Couvtty Value Adjustevvtevtt Board 2239-2522-8400 From:Cardenas, Mereida <Mereida.Cardenas@naplesnews.com> Sent:Thursday,July 5, 2018 8:51 AM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: FW: Naples display legal ad#2054136; run date 07/06/2018 VA-PL20170002719 Display(w/MAP) -Joseph PAIVA Variance I sent them from my phone maybe that's why you couldn't open them From: Lincoln, Margaret Sent:Thursday,July 05, 2018 7:20 AM To: Cardenas, Mereida <Mereida.Cardenas@naplesnews.com> Subject: RE: Naples display legal ad#2054136; run date 07/06/2018 VA-PL20170002719 Display(w/MAP) -Joseph PAIVA Variance Good Morning Mereida, Attached is the revised ad proof for approval. Margy Lincoln Creative Consultant Team Naples Daily News PART OF THE USA TODAY NETWORK Office: 239-213-5372 MLincoln@Gannett.com Naplesnews.com apLrø Elatig rw9 NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples,in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 2054136 VA-PL20170002719 45-186697 Pub Dates July 6,2018 . c 162 -/t2 /1 (Sig (Sig ture of affiant) ^;;;;'' NARDLENANGAS Sworn to and subscribed before me wwk � 6 z xnlsslonJ GG1IWl This July 09,2018 ' ., MyComm.E*piesJa29.2O2I (Signature of affiant) i 10A I FRIDAY,JULY 6,2018 I NAPLES DAILY NEWS US saysL � it needs to reunite 3,000 immigrant families HHS chief vows s incomprehensible, given how much + �` time the court gave the government to agency will meet fix its own mess,"Gelemt said."When g Y the government wants to marshal Its r resources to separate families,It has judge's deadline 0 shown that it can do it quickly and effi- ciently,but when told to reunite fam- Alan Gameriltes,It somehow finds it too difficult USA TODAY ��. and cumbersome to accomplish." The number of children in question The Trump administration official in ` =t ..- has changed significantly. charge of caring for undocumented mi- ? �y,,- In early June,U.S.Customs and Bor- noes separated from their parents at " "/' r„ -"-IF� der Protection estimated that 2,342 the border said Thursday that his agen- , children had been separated from their cy must reunite nearly 3,000 families,a ^- parents under the zero tolerance policy sharp increase from the roughly 2,000 ,_ 3t carried out by the Departments of Jus- his agency contemplated last week. �- „; lice and Homeland Security. On Department of Health and Human "s `'4'"- m ' --- r Y June 20,Azar testified before Congress Services Secretary Alex Azar said the that they had reunited several hundred ' work has been further complicated by ... x, families,leaving 2,053 children in HHS the nation's"disjointed"immigration Mothers and children wait to be assisted at a humanitarian center in the border custody.On June 26,he testified that laws,the broad scope of the judge's town of McAllen,Texas.U.S.officials have ordered DNA tests on detained the number had fallen to 2,047. "unprecedented"order,requests from children in an effort to reunite families.LEILA MAGOIVAFP/GETTY IMAGES Thursday,Azar said his department members of Congress to tour HHS fedi- was forced to examine the cases of all sties,delays verifying familial relation- 11,800 minors in its custody because ships, and "unreliable" information ment to reunite children under 5 by courts." the judge ordered all children to be re- provided by minors who are held in de- Tuesday and all minors by July 26. Lee Gelernt,an American Civil Lib- united with their parents,even those tention. "We will use every minute of time we erties Union attorney who led the law- separated before the zero tolerance poi- Azar insisted that his agency will have to confirm the parentage of those suit that prompted Sabraw to issue the icy went into full effect in May. comply with a ruling from District individuals...and to confirm that those nationwide injunction,said the gov- Most of the cases,he said,were mi- Judge Dana Sabraw to reunite all chil- parents are actually suitable for reuni- eminent needs to stop casting blame nors who crossed the border on their then separated from their parents un- ficatlon,and then we will comply with and start focusing on reuniting the own,but almost 3,000 may have been der President Donald Trump's"zero the court's order and reunify them," families. separated,leading to the higher esti- tolerance"policy by the end of this Azar said."We will comply with the ar- "The Trump administration's at- mate.About 100 of them are under 5, month.The judge ordered the depart- tificial deadlines established by the tempt to shift the blame to the court is Azar said. Thousands flee wildfires in West, including third largest on record Huge wildfires continued to roar miles,roughly seven times the size of The wildfire was allegedly started by No rain is expected in the West across the bone-dry western U.S.on Manhattan. tracer rounds fired at a shooting range. through Friday.However,some mon- Thursday,including Colorado's Spring Jesper Jorgensen,52,has been ar- In Northern California,the County soon-type thunderstorms could arrive Creek Fire,now the state's third-largest rested on criminal charges of arson re- Fire has burned about 134 square miles over the weekend in the Southwest,ae- on record. lated to starting the fire.According to an and is now 27 percent contained in Na- cording to AccuWeather. That fire has already destroyed 100 arrest affidavit,he was cooking meat for pa and Yolo counties. The blaze is Overall, more than 60 blazes are homes and forced 2,000 other homes to several hours in a fire pit the night be- threatening 1,500 structures,but none burning across the western U.S.and in be evacuated.It's located near Fort Gar- fore the blaze started. have been destroyed or damaged so far. Alaska,the National Interagency Fire land,roughly 205 miles southwest of Another Colorado blaze,the Lake Roughly 2,500 people have been Center said.So far in 2018,wildfires Denver. Christine Fire, forced evacuations forced from their homes since the blaze have charred 4,272 square miles in the Nearly 1,000 firefighters were work- Thursday morning about 20 miles started Saturday.Earlier in the week In U.S.,about 555 square miles above aver- Ing to gain control of the fire in unpre- northwest of Aspen.The fire jumped the Bay Area,about 75 miles south of age. dictable winds,but it was only slightly from less than 1 square mile to about 4 the fires,falling ash was reported,and Contributing:Associated Press,KU- contained since it first ignited June 27. square miles Wednesday,the Denver the San Francisco sky turned orange SA-TV,Denver As of Thursday,the fire was 161 square Post reported. from the smoke,weather.rnm reported. NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING 4:26 Notice is hereby given that a public hearing will be held by the Collier County Hearing Notice is hereby given that a public hearing will be held by the Collier County Examiner(HEX)at 9:00 A.M.,July 26th,2018.in the Hearing Examiner's Meeting Hearing Examiner(HEX)at 9:00 A-M.,July 26th,2018,in the Hearing Examiner's Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104, PETITION NO.BDE-PL20170004086 —179 TOPANGA,LLC REQUESTS A 20 to consider: FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET LIMIT IN PETITION NO.VA-PL2017000?719—Joseph Paiva requests a variance from the SECTION 5.03.06 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE minimum rear yard setback in Ordinance No.14-10,as amended,the Temple Citrus FOR A TOTAL PROTRUSION OF 40 FEET TO CONSTRUCT A DOCKING Grove RPUD,to reduce the minimum rear yard setback on an open space lot from FACILITY TO ACCOMMODATE TWO VESSELS FOR THE BENEFIT OF LOT 3 feet to.1 feet for an existing pool screen enclosure and pool,located at Lot 176, 87 OF SOUTHPORT ON THE BAY UNIT ONE,ALSO DESCRIBED AS 179 Temple Citrus Grove subdivision,also described as 13636 Mandarin Circle,in I TOPANGA DRIVE,IN SECTION 6,TOWNSHIP 48 SOUTH,RANGE 25 EAST, 1 Section 12,Township 49 South,Range 25 East,Collier County,Florida COLLIER COUNTY FLORIDA Bon to Beach Road ,,x,`%1..40 I" Ns �, 7- PI c'---- "------7---- - )11? PROJECT 1° PROJECT i .. 1 LOCATION —,-m- LOCATION . ll ��. // ,,,,,\), , ta ` _..... O � . \\ '''-e., JII*12.-- , ...., InW --. 4,,), _.,_7 it 1__ \\ , -+. _..r.. �����1 o_ ti F All interested parties are invited to appear and be heard. All materials used in All interested parties are invited to appear and be heard.All materials usedinpresentation presentation before the Hearing Examiner will become a permanent part of the before the Hearing Examiner will become a permanent part of the record. record. Copies of staff report are available one week prior to the hearing. The file can be Copies of state report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division, reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered.If a person decides The Hearing Examiner's decision becomes final on the date rendered. If a person to appeal any decision made by the Collier County Heating Examiner with respect to any decides to appeal any decision made by the Collier County Hearing Examiner with matter considered at such meeting or hearing,he will need a record of that proceeding, respect to any matter considered at such meeting or hearing,he will need a record of and for such purpose be may need to ensure that a verbatim record of the proceedings that proceeding,and for such purpose he may need to ensure that a verbatim record is made,which record includes the testimony and evidence upon which the appeal is to of the proceedings is made,which record includes the testimony and evidence upon be based. which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of If you are a person with a disability who needs any accommodation in order to certain assistance. Please contact the Collier County Facilities Management Division participate in this proceeding,you are entitled,at no cost to you,to the provision located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252- of certain assistance. Please contact the Collier County Facilities Management 8380 at least two days prior to the meeting. Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356, (239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Mark Strain, Collier County,Florida Chief Hearing Examiner July 6 Nt-2054155 Collier County,Florida q„. NOTICE OF PUBLIC HEARING` Notice is hereby given that a public hearing will be held by the Collier County n Hearing Examiner(HEX)at 9:00 A.M.,July 26th,2018,in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, II to consider: _.f o D PETITION NO. VA-PL20170002719—Joseph Paiva requests a variance from the minimum rear yard setback in Ordinance No. 14-10,as amended,the Temple Citrus c Grove RPUD,to reduce the minimum rear yard setback on an open space lot from -< 3 feet to .1 feet for an existing pool screen enclosure and pool, located at Lot 176, °' Temple Citrus Grove subdivision, also described as 13636 Mandarin Circle, in _o Section 12,Township 49 South,Range 25 East,Collier County,Florida 0° �1 z L t tt '��/ T-1,l `•i `r,-,o___,,, �. , 1 T `E"--T t X t l ....... .. r r.' .� N I I A 11�bttiello B4v I r o, 1 ( Z PROJECT __, as t, ` z LOCATION .:i a ) �va-• ' 9sceota'' iR ; , W E . i i All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida NU-2054136 AGENDA ITEM 3-A 9unty STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION- ZONING SERVICES SECTION HEARING DATE: JULY 26, 2018 SUBJECT: PETITION VA-PL20170002719 (13636 MANDARIN CIRCLE) PROPERTY OWNER/AGENT: Owner: Agents: Joseph Paiva David Corban and Ashley Coburn 13636 Mandarin Circle David Corban Architects, PLLC/Nassau Pools Construction, Inc. Naples, FL 34109 1042 6th Ave. N. Naples, FL 34102 REQUESTED ACTION: To have the Collier County Hearing Examiner(HEX) consider an application for an after-the-fact variance from the minimum rear yard setback in Ordinance No. 14-10,as amended,for the Temple Citrus Grove RPUD for Lot 176, to reduce the minimum rear yard setback on an open space lot from 3 feet to 0.1 feet for an existing pool screen enclosure and pool. GEOGRAPHIC LOCATION: The subject property is located on Lot 176, Temple Citrus Grove subdivision, also described as 13636 Mandarin Circle,in Section 12,Township 49 South,Range 25 East,Collier County,Florida, consisting of 0.14± acres (See location map on page 2). VA-PL20170002719(13636 Mandarin Circle) Page 1 of 8 Revised:June 18,2018 () r, (31 c r � r e j � � OO0 0 000 0 z Q .0101111M4 a i _ , . . ea © e Iii ! Ii0 \ © tii li Its 0 ® 2 c 0 O Da' - - o.---- N '' 110 upepuew cn 3ta I�12 `dON`d r�. N .2; a , 6) r al Ns i;-1- (4) eN O S it )l om a n 1 ,N `1 Z a (l) 12 E W Z N� ua _,� ,�,S 4,ueA .�.i 0 74 00 � " g m z� 01 CD N /`.. u_ 0, ` z°w a. 9 ` Mza a C3 ca 3 I AVIA Wilsey ,ekv o m _ i C ' IICI m _____„..,,,7All g 0 eunl 16 ca ac0 b V C w,�4 0 a CCW ; J I_vo o 0 V Cr 0 d A Coronado as eun3 DR VA-PL20170002719(13636 Mandarin Circle) Page 2 of 8 Revised: June 18,2018 111111111111511111!1111 . , . _T!114 _ . , . , i . _, _ _ v.Himul ,_,-- _ , „, , ,. . ,. _ . ._ tR _____...........i 11 , ,. . , 1 _ ....c...., . , . . „. ,,_, _____ t __ , t. 1 ,_ . 7- . 40rr. a I ES Q ?. 2 J � I { : nJ?IIJ NI.HVa\VW i'',,,,.) VA-PL20170002719(13636 Mandarin Circle) Page 3 of 8 Revised:June 18,2018 PURPOSE/DESCRIPTION OF PROJECT: The purpose of the petition is to request a reduction from the rear yard setback for an existing pool screen enclosure and pool.Both encroach into a required three-foot rear setback for a single-family lot in the Temple Citrus Grove RPUD. SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding boundaries of the subject property: North: Single-family residential, zoned Temple Citrus Grove RPUD (3.86 Dwelling Units per Acre [DU/AC]) East: Landscape buffer easement then single-family residential,with a current zoning designation of Manchester Square RPUD (4.0 DU/AC). South: Single-family residential, zoned Temple Citrus Grove RPUD (3.86 DU/AC) West: Mandarin Circle (local road) then single-family residential, with a current zoning designation of Temple Citrus Grove RPUD (3.86 DU/AC). ktoolimidt ' •, --'..,.. ..-- , 41 � �� �' . 3 AL ,.. p• W , . , ,,,,,,,, , ,, , , # 4 ''- . , - I 31111 . r a . i ., I r ..e. - ° . .,--- r ...,,, ,, . , . Ada Collier County Property Appraiser VA-PL20170002719(13636 Mandarin Circle) Page 4 of 8 Revised: June 18, 2018 GROWTH MANAGEMENT PLAN(GMP) CONSISTENCY: The subject property is located within the Urban, Urban Mixed-Use District, Urban Residential Subdistrict, on the County's Future Land Use Map (FLUM) of the Future Land Use Element (FLUE) of the GMP. The GMP does not address individual Variance requests, but deals with the larger issue of the actual use. As previously noted, the petitioner seeks an after-the-fact variance from the minimum rear yard setback in Ordinance No. 14-10, as amended, the Temple Citrus Grove RPUD, to reduce the minimum rear yard setback on an open space lot from 3 feet to 0.1 feet for an existing pool screen enclosure and pool. The subject use is consistent with the FLUM of the GMP. The requested variance does not have any impact on this property's consistency with the County's GMP. STAFF ANALYSIS: The subject property is located within the Temple Citrus Grove RPUD. Per Exhibit B of the Temple Citrus Grove PUD Document, single family dwellings with a zero-lot line shall have a 3- foot rear yard accessory setback on open space lots. It shall be noted that, "Rear yard Accessory Setbacks-Open Space Lots" shall apply to that portion of the rear lot line that abuts a landscape buffer tract,water management/lake tract,and/or open space tract provided the abutting landscape buffer tract, water management/lake tract and/or open space tract is a minimum of seven feet or greater. In this case, there is a 15-foot landscape buffer abutting the rear of the property and as such,the three-foot rear yard accessory setback would apply. The contractor, Nassau Pools Construction, Inc., applied for a building permit, Permit# PRBD2015123977201, on behalf of the owner, Joseph Paiva, on 12-23-15. This permit was approved by the County on 1-15-16 for a pool, spa,paver deck,LED lights, screen barrier,alarms, and 2.0 E Jandy Pump. On May 25, 2016, a spot/final survey was completed and submitted to the County for review. It was found that the pool and the screen enclosure both encroached into the required 3-foot rear yard setback. The pool encroaches 1.7 feet into the rear setback and the screen enclosure encroaches 2.9 feet into the rear setback. It shall be noted that because there are two structures encroaching into the setback,the dimension that most encroaches into the setback shall be the actual variance being sought. In this case, the screen enclosure encroaches 2.9 feet into the setback leaving 0.1 feet between the screen enclosure structure and the property line. As such the variance for this petition is being requested at 0.1 feet from the rear property line. It was determined that the permit was approved in error by the county. Staff discussed that the property owner will need to either move the pool and the screen enclosure out of the setback or apply for an after-the-fact variance. Because demolishing and reconstructing the pool and pool enclosure out of the setback would cause a financial burden on the property owner it was decided that applying for the after-the-fact variance would be the better option. On February 5, 2018, the contractor submitted for an after-the-fact variance application of the screen enclosure and the pool at 0.1 feet from the property line. There have been no other variances granted within this neighborhood. This pool and screen enclosure encroachment has been in existence for the past two years.To date,no known complaints have been received from any neighboring properties. VA-PL20170002719(13636 Mandarin Circle) Page Revised:June 18,2018 Section 9.04.01 of the Land Development Code gives the Board of Zoning Appeals (BZA) the authority to grant Variances. The Planning Commission 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 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? No, there is no land-related hardship. There are no special conditions or circumstances peculiar to the location, size and characteristics of the structure or building involved. b. Are there special conditions and circumstances,which do not result from the action of the applicant such as pre-existing conditions relative to the property, which are the subject of the Variance request? No,there are no special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property, which are the subject of this variance request. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes, it is possible that the existing pool and screen enclosure would have to be demolished and reconstructed out of the three-foot rear yard setback if a literal interpretation of the zoning code were applied. d. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health,safety and welfare? Yes, The Variance proposed would be the minimum Variance to allow reasonable use of the existing pool and screen enclosure. The pool and screen enclosure has existed on the site within the required three-foot rear yard setback for two years without complaint or issue. Approval of the Variance would not have a negative impact on standards of health, safety and welfare. 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 bestows some dimensional relief from the zoning regulations specific to a site. However, LDC Section 9.04.02 provides relief through the Variance process for any dimensional development standard, such as the requested reduced rear yard setback. As such, other properties facing a similar hardship would be entitled to make a similar request and would be conferred equal consideration on a case by case basis. VA-PL20170002719(13636 Mandarin Circle) Page 6 of 8 Revised:June 18,2018 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,as previously stated,the encroachment by the existing pool and pool enclosure has been in existence for the past two years. There have been no complaints from the neighbors regarding the pool and screen enclosure. As such, the granting of the variance will be in harmony with the general intent and purpose of the Land Development Code and will not harm public safety,health, and welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves,lakes,golf courses,etc.? The applicant states, "Yes, the natural condition that ameliorates the goals and objectives of the regulation is abutting 15ft landscape maintenance easement that separates this property from its neighbors. "Staff understands the landscape easement creates further separation but does not fully agree with the applicant. h. Will granting the Variance be consistent with the GMP? Approval of this variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ADVISORY COUNCIL(EAC)RECOMMENDATION: The EAC does not normally hear variance petitions. Since the subject variance doesn't impact any preserve area,the EAC did not hear this petition. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for PL20170002719 revised on June 22, 2018. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition VA- PL20170002719, 13636 Mandarin Circle Variance for a reduced minimum rear yard setback on an open space lot from 3 feet to 0.1 feet for an existing pool screen enclosure and pool. Attachments: A) Boundary Survey and Pool Final, dated May 25,2016. B) Backup Materials VA-PL20170002719(13636 Mandarin Circle) Page 7 of 8 Revised:June 18,2018 i PREPARED BY: TIMOTHY FINN',AICP, PRINCIPAL PLANNER DATE ZONING DIVISION-ZONING SERVICES SECTION REVIEWED BY: 72'et./iL 7.74 RAYMOND V. BELLOWS, ZONING MANAGER DA E ZONING DIVISION-ZONING SERVICES SECTION 6-2 MICHAEL BOSI, AICP, DIRECTOR DATE ZONING DIVISON VA-PL20170002719(13636 Mandarin Circle) Page 8 of 8 Revised: June 18, 2018 , Attachment A - __C\L MANDARIN CIRCLE ______C2_66_ 0266(BOB + -_______-- 1 j G , , v Chi i ! "' + (� n.1 A ''1 I, :r 1 ,c.; -1 t' , If �' i; i N It`s.. 'ti z f l r,l :_ 1I — mei �" o y � C AACr) r— rrt i NC 1 } fa .= c m w 1 O A-' oz� `M9. � 1 �.r. .-.L! b:1 i. r� z z ;, r n of t { 'R" 1. _ a ,f ,.� L 3o i=kaY` a ; a'A } tfF }y �k°-/t/;:i. ,4 v X. r� T r $hv •-f $s:ai..,..iiWts. an ;; t r' O V4i - ... ..i Yui =i T the a +, . l4 ci `- e ! t r 8 E t X' 1 yRy�sF cygyspYyA =e. �aai3 g LGGF U r MT' . 4 1 1 d a Jo — Attachment B Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colllergov.net (239)252-2400 FAX:(239)252-6358 VARIANCE PETITION APPLICATION Variance from Setbacks Required for a Particular Zoning District LDC section 9.04.00&Code of Laws section 2-83—2-90 Chapter 3 J.of the Administrative Code PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): Joseph Paiva Address: 13636 Mandarin Cir. City: Naples State: FL zip: 34109 Telephone: 850-443-9082 Cell: Fax: E-Mail Address: J9p7229@aol.com Name of Agent: David Corban /Ashley Coburn Firm: David Corban Architects, PLLC / Nassau Pools Construction, Inc. City:y: p State: ZIP: 1042 6th Ave. N. Naples FL 34102 Telephone: 239-207-5528 Cell: Fax: E-Mail Address: dmc@davidcorban.com / permitting@nassaupools.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 4/27/2018 Page 1 of 6 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application: (If space is inadequate,attach on separate page) Property I.D.Number: 76480013887 Section/Township/Range: 12 /49 /25 Subdivision: 657510 - Temple Citrus Grove Unit: Lot: 176 Block: Metes&Bounds Description: Total Acreage: Address/General Location of Subject Pro p :a 13636 Mandarin Cir., Naples, FL 34109 ADJACENT ZONING AND LAND USE Zoning Land Use N PUD residential S PUD residential E PUD residential W PUD residential Minimum Yard Requirements for Subject Property: Front: 15' Corner Lot: Yes ❑ No E Side: 6 Waterfront Lot: Yes ❑ No • Rear: 3' Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s)immediately. 4/27/2018 Page 2 of 6 9r9ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Marbella Isles Mailing Address: 13721 Cellist°Avenue City: Naples State: FL ZIP: 34109 Name of Homeowner Association: Stephen C.Blanshaft Mailing Address: 13640 Mandarin Cir.,Unit 175 city: Naples State: FL Zlp: 34109 Name of Homeowner Association: Nancy B.Peake Trust Mailing Address: 13644 Mandarin Cir.,Unit 174City: Naples State: FL Bp: 34109 Name of Homeowner Association: Cathleen&Anthony Cena Mailing Address: 13648 Mandarin Cir.,Unit 173 City: Naples State: FL ZIP: 34109 Name of Homeowner Association: Richard M.&Carmellina Leo JR Mailing Address: 13652 Mandarin Cir.,Unit 172 City: Naples State: FL ZIP: 34109 NATURE OF PETITION On a separate sheet,attached to the application,please provide the following: 1. A detailed explanation of the request including what structures are existing and what is proposed;the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible);why encroachment is necessary; how existing encroachment came to be;etc. 2. For projects authorized under LDC Section 9.04.02,provide a detailed description of site alterations, including any dredging and filling. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided In the determination to approve or deny a variance petition by the criteria(a-h)listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land,structure,or building involved. 4/27/2018 Page 3 of 6 • Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. d) Will the variance,if granted,be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health,safety or welfare. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands,buildings,or structures in the same zoning district. f) Will granting the variance be in harmony with the intent and purpose of this zoning code,and not be injurious to the neighborhood,or otherwise detrimental to the public welfare. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves,lakes,golf course,etc. h) Will granting the variance be consistent with the Growth Management Plan? 4. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes®No If yes,please provide copies. 4/27/2018 Page 4 of 6 $ nty •• COLUER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: Variance Chapter 3 J. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW #OF COPIES REQUIRED NOT REQUIRED Completed Application(download current form from County website) 0 ✓ Pre-Application Meeting Notes 1 0 Project Narrative 0 SI Completed Addressing Checklist 1 51 N Property Ownership Disclosure Form 1 Conceptual Site Plan 24"x 36"and one 8)4"x 11"copy - D 0 n Survey of property showing the encroachment(measured in feet) 2 1 u Affidavit of Authorization,signed and notarized 2 151 ❑ Deeds/Legal's 3 ✓ ❑ Location map 1 1 ❑ Current aerial photographs(available from Property Appraiser)with project boundary and,if vegetated,FLUCFCS Codes with legend 5 ❑✓ ❑ included on aerial Historical Survey or waiver request 1 u • Environmental Data Requirements or exemption justification 3 ❑ Once the first set of review comments are posted,provide the assigned 1 ED C3 planner the Property Owner Advisory Letter and Certification Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all 1 Q 0 materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 4/27/2018 Page 5 of 6 9cnty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRiVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www,colliereov.net (239)252-2400 FAX:(239)252-6358 Planners:Indicate if the petition needs to be routed to the following reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director El Historical Review City of Naples:Robin Singer,Planning Director Immokalee Water/Sewer District El Conservancy of SWFL:Nichole Ryan 0 Parks and Recreation:David Berra ❑ Emergency Management:Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Lockheart © Other:Addressing:Annie Moxem,Comprehensive Pianninie pre-epp notes,County Attorney Office:Heidi Ashton-Qkka FEE REQUIREMENTS Ed Pre-Application Meeting:$500.00 g Variance Petition: sr Residential-$4,000.00 • o Non-Residential-$5,000.00 • o 5th and Subsequent Review-20%of original fee • g Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$1,125.00 After The Fact Zoning/Land Use Petitions:2x the normal petition fee ❑ Listed Species Survey(if EIS is not required):$1,000.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the • Authority having Jurisdiction.The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing,and this fee is collected prior to hearing. • As the authorized agent/applicant for this petition,I attest that all of the information Indicated on this checklist Is included in this submittal package.I understand that failure to include all necessary submittal information may result In the delay of processing this petition. All checks payable to:Board of County Commissioners. The completed application,all required submittal materials,and the permit fee shall be submitted to: Growth Management Department Zoning Division ATTN:Business Center 2800 North Horseshoe Drive 4010 Naples,FL 34104 Applicant Signature Date David. M. Corban Printed Name 4/27/2018 Page 6 of 6 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts far purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant,or agent on his behalf,to submit a supplemental disclosure of interest form. Please complete the following,use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL.tenancy by the entirety,tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address %of Ownership Joseph Paiva 100% 13636 Mandarin Cir. Naples, FL 34109 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address %of Ownership . i c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address %of Ownership • Created 9/28/2017 Page 1 of 3 Co " County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 • www.collierrcov.net (239)252-2400 FAX:(239)252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP,list the name of the general and/or limited partners: Name and Address %of Ownership e. If there is a CONTRACT FOR PURCHASE,with an individual or individuals, a Corporation, Trustee,or a Partnership, list the names of the contract purchasers below, including the officers,stockholders, beneficiaries,or partners: Name and Address %of Ownership Date of Contract: f. if any contingency clause or contract terms involve additional parties, list all individuals or officers,if a corporation, partnership,or trust: Name and Address g. Date subject property acquired 0 Leased:Term of lease years/months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 e Cor County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.collieritov.net (239)252-2400 FAX:(239)252-6358 Date of option: Date option terminates: •or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form.Any change In ownership whether individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition,l attest that all of the information indicated on this checklist is included in this submittal package.I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed •• ication,all required submittal materials,and fees shall be submitted to: Growth Management Department ATTN:Business Center 2800 North Horseshoe Drive Naples,FL 34104 • Agent/Owner Signature Date David M. Corban } Agent/Owner Name{please print) • Created 9/28/2017 Page 3 of 3 AFFIDAVIT OF AUTHORIZATION • I FOR PETiTiON NUMBERS(S)Parcrnacartsartaexit•wo+t,orW.prxWOO 1,Jamph Pairs (print name),as (title,If i applioable)of (company,If ttcabie),swear or affirm , under oath,that I am the(choose one)owner✓ applIcantncontract purchasernand that: i 1. i have full authority to secure the approval(s)requested and to knpose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this ( l application and the Land Development Code; 2. All answers to the questions In this application and any sketches,data or other supplementary matter 1 attached hereto and made a part of this application are honest and tore; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours i ! for the purpose of investigating and evaluating the request made through this application;and that r j 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Wali authorize o.aacaa•n to act as our/my representative In any matters regarding this petition including 1 through 2 above. "Notes: • lithe applicant Is a corporation,then it Is usually executed by the corp.pies.one.pres. ; • if the applicant is a Limited Liability Company(LLC.)or Limited Company(L.C.), then the documents should typically be signed by the Company's Managing Member.' • lf the applicant is a partnership,then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the 'general partner"of the named partnership. • if the applicant is a trust,then they must Include the trustees name and the words"ea trustee'. • In each instance, first determine the applicant's status, e.g., individual, corporate, !rust, partnership,and then use the appropriate format for that ownership. Under penalties of peau. : that I have read the foregoing Affidavit of Authorization and that the facts stated In it J 4111121W1 /Illi Data S l S STATE OF FLORIDA COUNTY OF COLLIER Theo ng Instrument was sworn to(or affirmed)and subscribed before ms on 41301 i 6 (date)by -Tahp PA.ry lit (name of person providing oath or affirmation),as OLLA-e who Is peraonaliy known to me or who has produced ,„--,..s (type of Identification)as identification. STAMP/SEAL Signature of `• r.• • - • • rc • 5 se/r.4, DAYRON SANCHEZ 0 • Es t c �ry�1 g Notary Public-Stats of Florida 1 , . .L..! Commission.GG 036033 I Cp106 COMOO115u55 I ,,,' •sO My Comm.RolmNov 26,2020 REV 344!74 •� � ♦T ♦ NATURE OF PETITION QUESTIONS 1. This request is for an after the fact variance for the construction of a pool and pool enclosure permitted and constructed within the setback from the landscape buffer easement.The building permit#PRBD2015123977201 for the job description: POOL,SPA,PAVER DECK,LED LIGHTS, SCREEN AS BARRIER,ALARMS,2.0 E JANDY PUMP,with a master permit#PRP020150619412 shows Temple Citrus Grove Lot 176 to have a 15ft rear setback from what was thought to be the property line.This fails to recognize the landscape buffer easement that borders the property. Unfortunately,the border of the landscape buffer easement was mistaken as the property line. Based on the development standards for Temple Citrus RPUD,rear yard accessory setbacks are a minimum of 3ft,but due to the misunderstanding of the location of the property line by the pool contractor and the building department,the project was built within the setback from the landscape easement.The permit,#PRBD2015123977201,was approved by the building department on 1/5/16.After approval,the pool and pool screen enclosure were constructed. Right now,the screen enclosure is effectively 0.1ft and the water's edge of the pool is at 1.3ft from the property line,so in order to meet the code,everything would need to be moved to meet the 3ft requirement.Thus,causing the request for an after the fact variance. 2. a. Yes,the special conditions and/or circumstances existing which are peculiar to the location,size and characteristics of the land,structure,or building involved are that the adjacent landscape easement caused confusion between the contractor and permit department. b. Yes,the conditions and circumstances which are not a result from the action of the applicant are as follows:the construction of a pool and pool enclosure were permitted and constructed within the setback from the landscape buffer easement. Pool and pool enclosure were constructed as-permitted. c. Yes,literal interpretation of the provisions ofthis zoning code will work unnecessary and undue hardship on the applicant and/or create practical difficulties on the applicant because the pool and pool enclosure are already built therefore demolition and reconstruction would cause an impossible financial burden on the property owner.The applicant is hoping that the grant of this variance will make what has been constructed legal. d. Yes,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 since the pool and enclosure already have been constructed. e. No,granting the variance requested will not confer on the petitioner any special privilege that is denied by those zoning regulations to other lands,buildings,or structures on the same zoning district because although the pool is approximately 1.7ft closer to the property line,the pool is a standard size and is not larger because of the variance. f. Yes,granting this variance will be in harmony with the intent and purpose of this zoning code and not be injurious to the neighborhood,or otherwise detrimental to the public welfare mainly because this lot(Lot 176)is abutting a 15ft landscape buffer easement, not an adjacent property line. g. Yes,the natural condition that ameliorates the goals and objectives of the regulation is the abutting 15ft landscape maintenance easement that separates this property from its neighbors. h. Yes,granting the variance will be consistent with the Growth Management Plan. JID K1) (1 Pools se Construction. Inc. - March 29,2018 Re:Variance PL20170002719; 13636 Mandarin Or To Whom It May Concern, I,Joseph Paiva,am also known and acknowledge the name Joseph Gerard Paiva Jr Thank You, 11,diel _Jose.I P.' . NOTARY FORM STATE OF EL 1 COUNTY OF Lather ) i. : )IN U tA C,.ir.t`.,1 c ,, , a Notary Public, do hereby certify that on this 29 day of March , 2018, personally appeared before me,losech Paiva. known to me to be the person whose name is subscribed to the foregoing instrument, and swore and acknowledged to me that he executed the same for the purpose and in the capacity therein expressed, and that the statements contained therein are true and correct. • ? / Name, Typed or Printed ,,,.....1 � -71 C 'a'' My Commission Stamp . . N tart a'niter State of norda lynea 4;rem r , a ‘44m rRr¢.:,0,FF !2044$ `''oe OS, C xrtres(,t31)4'201 e Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergovnet (239)252-2400 FAX: (239) 252-6358 ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website atrtttp:;/www.coiliergov.net/Index.aspx?page=774. 1 Name of Homeowner Association: when C.Blanshaft Mailing Address: 13640 Mandarin Cir.,Unit 175 City: Naples State: FL ZIP: 34109 Name of Homeowner Association: Gordon R &Maureen S Hallberg Mailing Address: 13632 Mandarin Cir,Unit 177 City: Naples State: FL Zip: 34109 Name of Homeowner Association: Jacques H Brial Mailing Address: 13587 Manchester Way.D.414 City: Naples State: FL Zip: 34109 Name of Homeowner Association: Kimberly Miller Mailing Address: 13583 Manchester Way 0113 City: Naples State: FL Zip: 34109 Name of Homeowner Association: Eric N Kim Mailing Address: 13579 Manchester Way.Dl12 City: Naples State: FL Zip: 34109 On a separate sheet,attached to the application, please provide the following: 1. A detailed explanation of the request including what structures are existing and what is proposed;the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be;etc. 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h)listed below.Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land,structure,or building involved. 4/11/2017 Page 3 of 6 Notification of Variance to Property Owners and Associations within 150 feet Amended Letter (Date) Name Address City,State Zip Dear Property Owner: i I Please be advised that the sender has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: l j The subject property is located at Lot 176,Temple Citrus Grove subdivision, also described as 13636 Mandarin Circle in Section 12, Township 49 South, Range 25 East, Collier County, Florida. Joseph Paiva requests a variance from the minimum rear yard setback in Ordinance No. 14-10, as amended,the Temple Citrus Grove RPUD,to reduce the minimum rear yard setback on an open space lot from 3 feet to .1 feet for an existing pool screen enclosure and pool on the aforementioned property. - - • -• - - - - - - f+fro.,..the prope.-ty lino .. The pool was constructed based on an unfortunate misunderstanding by the pool contractor and building department permit office of the location of the property line due to a landscape buffer easement which borders the property. Since the pool and screen enclosure are already built, demolition and reconstruction would cause a serious financial burden on the property owner. The property owner is hoping that the grant of this variance will make what has been constructed legal. In order to provide you an opportunity to become fully aware of our intention, we will be contacting you directly within the next few days or you may choose to telephone the sender for further information. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Sincerely, Nassau Pools Construction, Inc 3420 Westview Drive Naples, FL 34104 7:239.643.0900 AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-72, of the Collier County Land Development Code, I did give notice by mail at least 30 days after receipt of letter indicating that the • application is Safi ni to the following property owners and or condoniithum and civic associations whose members may be impacted by the proposed land use changes of an application request for a variance or parking exemption. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls o �ierand any other, sons ar entities who have made a. request ofthe .f County fes' i ( i county to be notified. The said notice contained the laymen's description of the site property of proposed change. � I Per attached letters and or property owner's list,which are hereby made a part of this Affidavit of Compliance. ( ignature of Applicant) State of Florida County of Collier he:.lateegelog Alirsdavit3o amoe wasiacloaew4adgad aooke. .s 7 4ay.of _May ,2010 by Thomas LThrelkeld i, ery kno to me or who has produced as identification. ASHLEY ANN COBURN �: a, 'S MY COMMISSION#QG045971 (Signature of Notary Public)~ . - :`'t• EXPIRES November 08,2020 (Notary Seal) Ashley Coburn Printed Name of Notary Associations Affected Continued... NEIGHBORS WITHIN 150FT OF PROPERTY Paiva Pool Set-Back Variance 1. Sat P.&Manju ARORA, 13595 Manchester Way,D/16,Naples,FL 34109 2. Michael H.&Maria G.LOSEY, 13591 Manchester Way, D/15, Naples,FL 34109 3. Michael&Vanessa SCHUNKO, 13575 Manchester Way, D/11, Naples, FL 34109 4. Naples Associates V LLLP,13628 Mandarin Cir,Unit 178, Naples,FL 34109 5. William E. &Mary T.WARD, 13624 Mandarin Cir,Unit 179, Naples,FL 34109 6. Kristina A.&Anthony W. PETERS, 13620 Mandarin Cir,Unit 180, Naples, FL 34109 7. Nancy B Peake Trust, 13644 Mandarin Cir, Unit 174, Naples, FL 34109 8. Cathleen &Anthony CENA, 13648 Mandarin Cir, Unit 173, Naples,FL 34109 9. Jason N. &Karen L.SHOOK, 13647 Mandarin Cir, Unit 255, Naples, FL 34109 10. Doreen D Romano Trust, 13641 Mandarin Cir,Unit 254, Naples, FL 34109 11. Theresa M. GREY, 13637 Mandarin Cir,Unit 253, Naples, FL 34109 12. Philip S.THOMPSON, 13633 Mandarin Cir, Unit 252, Naples, FL 34109 13. David M. &Joanne M. KLEPPINGER, 13629 Mandarin Cir, Unit 251,Naples,FL 34109 14. Anton&'Katrina GRANIC, 13625 Mandarin Cir,Unit 250,Naples, FL 34109 Cor County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov,net (239)252-2400 FAX (239)252-5724 ADDRESSING CHECKLIST Please complete the following and email to ir. :, irrss,r g'4 colder ; '••.' or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-aDDlication meeting, please allow 3 dave for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) El BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) ❑. VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone 0 VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) Temple Citrus Grove LOT 176 FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with, legal descnption if more than one) Mat 76480013887 STREET ADDRESS or ADDRESSES(as applicable, if already assigned) 13636 MANDARIN GIR. NAPLES. FL 34109 • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) CURRENT PROJECT NAME(if applicable) PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR or PL# ��" Par Co ler County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.collierRov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for.or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: (] Email ❑ Fax ❑ Personally picked up Applicant Name: Ashley Coburn Phone: 239-643-0990 Email/Fax: permitting@nassaupools.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY p Folio Number T; " O OQ /38'? Folio Number Folio Number Folio Number Folio Number Folio Number { Approved by: 4 � _ j I . Date: 2 — / ' !,J Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Rev 61912017 Page 2 of 2 HEX NO.2016 -03 HEARING EXAMINER DECISION PETITION NO. PDI-PL20150001593 — Naples Associates V, LLLP requests an insubstantial change to Ordinance No. 14-10, the Temple Citrus Grove Residential Planned Unit Development, to reduce rear yard accessory setbacks for screen enclosures on single family waterfront lots from three feet to zero feet. The subject property consisting of 132.68± acres is located between Airport-Pulling Road (C.R. 31) and Livingston Road, south of the First Baptist Church of Naples PUD, in Sections 1 and 12,Township 49 South, Range 25 East,Collier County,Florida. DATE OF HEARING: January 28,2016 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections 10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition is approved. ANALYSIS: Other than representatives of the applicant, there were no members of the public in attendance for this item and there were no objections received by staff. DECISION: The Hearing Examiner hereby approves Petition Number PDI-PL20150001593 filed by Robert L. Duane, AICP of Robert L. Duane&Associates representing Naples Associates V, LLLP with respect to the property as described in the Temple Citrus Grove RPUD, Ordinance Number 14- 10,for the following insubstantial change: • to reduce rear yard accessory setbacks for screen enclosures on single-family waterfront lots from three feet to zero feet. Said changes are fully described in the Temple Grove RPUD insubstantial change attached as Exhibit"A",and are subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A—RPUD Insubstantial Change LEGAL DESCRIPTION: See Ordinance No. 14-10,the Temple Citrus Grove RPUD. [IS-CPS-01470/1236587M 77 1 of 2 CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER: Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Bearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals,as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. - a° IL' 1,1\-/ L I l � 1 Date Markt Strain, Hearing Examiner Appr ed as to forth and legality: Scott . one Assistant County Attorney [15-CPS-01470/1236587/11 77 2 of 2 EXHIBIT B DEVELOPMENT STANDARDS/TEMPLE CITRUS RPUD i PERMITTED USES AND ± Single- Single Two Family Guard Recreation STANDARDS Family Family— and Duplex Gate Detached Zero Lot (R) House Site(RS) (R) Line(R) (ROWS) Minimum Lot Area 5,000 SF'I 4,000 SF'' 3,500SF".2 N/A 1 acre Minimum Lot Width 50' 40' 35' N/A 100' Minimum Lot Depth ! 100' 100' 100' N/A 100' 1 Front Yard Setbacks 15'•3 15''3 I5''3 •4 N/A f 25' Front Yard Accessory Setbacks 18' 18' 20' '4 N/A 10' Side Yard Setbacks,Principal and 6' 0'or 10 0'or 5'' "N/A 10' Accessory 1 Rear Yard Setbacks a4 N/A Non Open Space Lots 15' 15' 15' 10' Rear Yard Setbacks- •4 N/A Open Space Lots- 10' 10' 10' 10' , Rear Yard Accessory setbacks Non ! 5' 5' 5' a' N/A 10' ' Open Space Lots Rear Yard Accessory setbacks - j 3' 3' I 3' '4 N/A 10' Open Space Lots *5 1 Rear Yard Accessory setbacks - 0 0 3' N/A N/A for Screen Enclosures on Water Front Lots Abutting Lake Maintenance Easement Traces 1 Maximum Building Height 2 stories 2 stories I 2 stories 2 stories not to not to not to not to exceed exceed I exceed exceed Zoned 30' 30' 30' 30' 35' I Actual 40'" 40'" 40'2 40' 50' Distance Between Principal& ; 1 Accessory Structures 0' 0' 0' N/A 10' I Distance Between Principal 12' ' 0'or 10' 10' N/A 10' Structures , Floor Area Minimum 1,500 SF 1,500 SF 1,500 SF N/A N/A 1 Setback from Tract Boundary N/A N/A N/A N/A 25' Page 1 of 3 Temple Citrus RPUI)—PL 20120001593 Insublan al Change.thdnanoc 14-10 Seclwns 1402.Tovn s4 49 South kangc 25 that Naples Fl.34109,FL,Cate,Canty 0eviswn note:12 10 2015 Worth gihmt .tri_are deleted.words caderlhotl are addrd.All dbsaaces arc le feel wins wberwiise weird.•••ledkate break in pages. 1 Exhibit A Page I of *1 SF refers to square feet.All other measurements are in linear feet. *2 3,500 SF of lot area per dwelling unit for Two Family and Duplex. *3 Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way,setback is measured from the adjacent right-of-way line. B. If the parcel is served by a private road,setback is measured from the back of sidewalk. If there is no sidewalk, the setback is measured from the back of curb of the private road. C. If the parcel has private road frontage on two sides, the setback is measured from the side with the shortest frontage with the other frontage designated as a side yard. In no instance shall the principal structure be located within 10 feet of the road right of way line. D. The garage door must be setback a minimum of 23 feet for front-entry garages(from back of sidewalk or from back of curb,if no sidewalk)and 15 feet for side entry garages(from back of sidewalk or from back of curb,if no sidewalk). *4 Minimum 5' from road edge of pavement if no curb or back of curb for internal roadways only. *5 For purposes of establishing the principal and/or accessory use rear yard setbacks established in Exhibit E3: (1) "Rear Yard Setbacks-Open Space Lots"and"Rear Yard Accessory setbacks—Open Space Lots"shall apply to that portion of the rear lot line that abuts a landscape buffer tract,water management/lake tract,and/or open space tract provided the abutting landscape buffer tract, water management/lake tract, and/or open space tract is a minimum of seven (7) feet in width or greater; (2)"Rear Yard Setback Non Open Space Lots" and "Rear Yard Accessory setback Non Open Space Lots" shall apply to that portion of the rear lot line that abuts another residential lot line or abuts a landscape buffer tract,water management/lake tract(s),and/or open space tract that is less than seven (7) feet in width. However. Rear Yard Accessory setbacks for screen enclosures on single family waterfront lots may be"zero"feet. (See Exhibit B.Development Standards Tablet.Landscape buffer easements and lake maintenance easements shall be separately platted. *b Where the zero(0)foot side yard setback option is utilized,the opposite side yard setback,from the property line to the structure, shall he a minimum of five(5) feet. In no instance shall principal structures be separated by less than 10 feet. *7 Building height shall be limited to one story and unit type shall be restricted to either Single Family Detached or Single Family - Zero l.ot Line within one hundred and fifty (150) feet of the Manchester Square RPUD. The height for the one story structures are set forth on the Development Standards Table(30)feet Actual,and(40)feet coned height. Page 2 of 3 Temple Citrus RPU)—Pt.201200111593 Insubstantial Clasp.Ckdinanee 14-10 Sections 1812 'township 49 Sato Range 25 Fast. 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Caoifelized Terms and Definitions. All initial capitalized terms used in this Exhibit"A"but not defined herein shall have the meanings given to such terms as set forth in the Deed.The following terms as used in this Exhlbft"A"shall have the meanings given to such terms as set forth below. 'Gain'shall mean and refer to the amount.if any, by which(i)the gross selling price of the Property(less and except (y)the actual, documented costs of any physical improvements made by Buyer after the date of the Deed to the exterior of the home on the Property such as pools,patios,screen enclosures and extensions,and (z) the actual, documented closing costs required to be paid by Buyer in connection with the sale of the Property such as documentary stamp taxes,recording fees and/or brokerage commissions) exceeds(ii)the 'Total Purchase Price'paid to Seller by Buyer pursuant to and as defined in the Purchase Contract executed by Seller and Buyer. 'Hardship Event'shall mean and refer to a sale of the Property following a divorce of the Buyers(if mamed to each other),death or serious disability of one or more of the Buyers,job transfer of one or more of the Buyers to a location greater than fifty(50)miles from the Property,or other reason acceptable to Seller in Seller's sole end absolute discretion,as evidenced by a written waiver of this provision given by Seller 'Property'shall mean and refer to the property described in the Deed together with the improvements thereon. "Transfer Advertisement or Agreement' shall mean and refer to any or all of the following: (i)any listing or advertisement for the sale of the Property or any portion thereof made with a broker. in any multiple listing service,in any classified or other advertisement,or otherwise(including,without limitation,'by owner'),and/or (ii)any agreement(verbal or written)for transfer of title to the Property to any third party. 2. Sales/Transfers of the Prooertv. In the event that Buyer sells or transfers title to the Property(directly or indirectly):(a)at any time within one(1)year folio ' of the Deed,and/or(b)at any time thereafter If such sale or transfer results from a Tranafef ‘14merit made or entered into within one(1) year following the date of the Deed,the in tiiE'e rjt Hardship Event released by Seller as provided in Paragraph 3 below,Buyer 1 to Seller from the s of such sale or transfer,an amount equal to one-hundred percent(100%) f eittaiaOized from such sale oftransfer. 3. j,jen Rights:Releases. Ther lis af(d s • a iyqaye the P••- to secure Buyer's obligations set forth in thisdtlbit"A",which l' m* breaches any of its obligations hereunder.In the event of a pro - ...r- uyr• r ip Event,Buyer must first provide to Seller evidence of such Hardship - in is sole and absolute discretion, and if acceptable to Seller,Seller shall d ^ r cif the Hardship Event and waiver of Seller's nghts hereunder with res Ally to such sale.In -•• '•n,;u•• '-n request from Buyer to Seller and payment of the Gain due to Set ••nnection with any • pat- of the Property as provided in this iJtlblt"A", then Seller shall provi•- =uyer a written ack4• of such payment and release of Seller's lien rights with respect only to or transfer prof,.-. .7"Buyer provides Seller with evidence satisfactory to Seller in Seller's sole and" -'- i-,L•• - ; •••unt of the Gain due, Including,without limitation closing or other settlement statem—.Ajii-re et -r• •-• by Seller shall be specific only to the particular sale described in the release and noti"to'-eny .•• -•uent sale which shall remain subject to this gxhiblt"A" 4. Binding and Running with Title to the Property. The covenants,restrictions,agreements and lien rights set forth in this Exhibit"A"shall burden and run with title to the Property. 5. Remedies. In addition to its right of foreclosure,Seller shall have all remedies at law and/or in equity for a breach by Buyer under this j;xhibh"A".In the event that Seller prevails in any action(legal or otherwise)to enforce its rights and/or Buyer's obligations,Seller shall be entitled to recover all of its costs incurred including, without limitation, reasonable attorneys'fees.through and including all appellate levels. By acceptance of the Deed to the Property, Buyer, for itself, and its successors and assigns waives any homestead or other exemption now or hereafter existing or enacted under either Florida or federal law as same may relate to Seller's rights hereunder. 8 Subordination. This xtibft"A"shall be subordinate to the right of any holder of an institutional first mortgage on the Property and shall not apply to any sales by an institutional first mortgagee who acquires title to the Property by foreclosure or deed in lieu of foreclosure. 7 Miscellaneous. This Exhibit"A"shall be construed in accordance with the laws of the State of Florida and shall be binding on Buyer and Buyer's heirs,successors and assigns.In that regard,all references to Buyer in this Exhibit"A"shall also mean and refer to each and every of Buyer's heirs,successors and/or assigns. Should any term or provision of this Exhibit"A" be ruled to be illegal or otherwise invalid by a court of competent jurisdiction, such term or provision shall be given its nearest legal meaning or be construed as deleted as such court determines,and the same will not invalidate the remaining terms and provisions of this Exhibit"A" which terms, provisions and portions of this Contract will remain in full force and effect. This Saha* "A" may not be amended or modified except by an instrument in writing executed by Seller . . Vi f ��� • R -flt ti .s PUBLIC NEARING <QN Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239) 252-6358 VARIANCE PETITION APPLICATION Variance from Setbacks Required for a Particular Zoning District LDC section 9.04.00 &Code of Laws section 2-83—2-90 Chapter 3 J. of the Administrative Code PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): Joseph Paiva Address: 13636 Mandarin Cir. city: Naples State: FL ZIP: 34109 Telephone: 850-443-9082 Cell: Fax: E-Mail Address: jgp7229@aol.com Name of Agent: David Corban /Ashley Coburn Firm: David Corban Architects, PLLC / Nassau Pools Construction, Inc. Address: 1042 6th Ave. N. city: Naples State: FL ZIP: 34102 Telephone: 239-207 5528 Cell: Fax: E-Mail Address: dmc@davidcorban.com / permitting@nassaupools.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 4/27/2018 Page 1 of 6 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page) Property I.D. Number: 76480013887 Section/Township/Range: 12 /49 /25 Subdivision: 657510 - Temple Citrus Grove Unit: Lot: 176 Block: Metes& Bounds Description: Total Acreage: Address/General Location of Subject Property: 13636 Mandarin Cir., Naples, FL 34109 ADJACENT ZONING AND LAND USE Zoning Land Use N PUD residential S PUD residential E PUD residential W PUD residential Minimum Yard Requirements for Subject Property: Front: 15' Corner Lot: Yes C No • Side: 6' Waterfront Lot: Yes No ■ Rear: 3' Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s)immediately. 4/27/2018 _ — Page 2 of 6 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239)252-6358 ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Marbella Isles Mailing Address: 13721 CellistoAvenue City: Naples State: FL ZIP: 34109 Name of Homeowner Association: Stephen C. Blanshaft Mailing Address: 13640 Mandarin Cir.,Unit 175 City: Naples State: FL ZIP: 34109 Name of Homeowner Association: Nancy B. Peake Trust Mailing Address: 13644 Mandarin Cir.,Unit 174 City: Naples State: FL ZIP: 34109 Name of Homeowner Association: Cathleen&Anthony Cena Mailing Address: 13648 Mandarin Cir.,Unit 173 City: Naples State: FL ZIP: 34109 Name of Homeowner Association: Richard M.&Carmellina Leo JR Mailing Address: 13652 Mandarin Cir.,Unit 172 City: Naples State: FL Zip: 34109 NATURE OF PETITION On a separate sheet,attached to the application, please provide the following: 1. A detailed explanation of the request including what structures are existing and what is proposed;the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible);why encroachment is necessary; how existing encroachment came to be;etc. 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h) listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land,structure,or building involved. 4/27/2018 Page 3 of 6 9rntunty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239)252-6358 b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. d) Will the variance,if granted,be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health,safety or welfare. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands,buildings, or structures in the same zoning district. f) Will granting the variance be in harmony with the intent and purpose of this zoning code,and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves,lakes,golf course,etc. h) Will granting the variance be consistent with the Growth Management Plan? 4. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? n Yes Q No If yes, please provide copies. 4/27/2018 Page 4 of 6 Gilkey County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: Variance Chapter 3 J. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW #OF COPIES REQUIRED NOT REQUIRED Completed Application(download current form from County website) El Iv Pre-Application Meeting Notes 1 ✓�y Project Narrative ❑ L'1J Completed Addressing Checklist 1 r✓] 1 Property Ownership Disclosure Form 1 �1 Conceptual Site Plan 24"x 36"and one 8'A"x 11"copy 1❑ J Survey of property showing the encroachment(measured in feet) 2 ❑ Affidavit of Authorization,signed and notarized 2 ✓ Deeds/Legal's 3 ✓ ❑ Location map 1 LTJ Current aerial photographs(available from Property Appraiser)with project boundary and,if vegetated,FLUCFCS Codes with legend 5 ❑✓ ❑ included on aerial Historical Survey or waiver request 1 ❑ Environmental Data Requirements or exemption justification 3 ❑ ✓ Once the first set of review comments are posted, provide the assigned 1 0 ❑ planner the Property Owner Advisory Letter and Certification Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all 1 ❑ ❑ materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 4/27/2018 Page 5 of 6 Coen County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.coltiereov.net (239)252-2400 FAX:(239)252-6358 Planners:Indicate if the petition needs to be routed to the following reviewers: Bayshore/Gateway Triangle Redevelopment: Executive Director Historical Review R City of Naples:Robin Singer,Planning Director Immokalee Water/Sewer District Conservancy of SWFL:Nichole Ryan n Parks and Recreation:David Berra D Emergency Management:Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Lockheart ED Other:Addressing:Annis Moxem,Comprehensive Pianninase pre-app notes,County Attorney Office:Heidi Ashton-Cicko FEE REQUIREMENTS ✓ Pre-Application Meeting:$500.00 @' Variance Petition: se Residential-$4,000.00 o Non-Residential-$5,000.00 o 5th and Subsequent Review-20%of original fee @' Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$1,125.00 R' After The Fact Zoning/Land Use Petitions:2x the normal petition fee D Listed Species Survey(if EIS is not required):$1,000.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing,and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package.I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to:Board of County Commissioners. The completed application,all required submittal materials,and the permit fee shall be submitted to: Growth Management Department Zoning Division ATTN: Business Center 2800 North Horseshoe Drive Naples,FL 34104 / 0 Applicant Signature Date David. M. Corban Printed Name 4/27/2018 Page 6 of 6 NATURE OF PETITION QUESTIONS 1. This request is for an after the fact variance for the construction of a pool and pool enclosure permitted and constructed within the setback from the landscape buffer easement. The building permit#PRBD2015123977201 for the job description: POOL,SPA, PAVER DECK, LED LIGHTS, SCREEN AS BARRIER,ALARMS, 2.0 E JANDY PUMP,with a master permit#PRPO20150619412 shows Temple Citrus Grove Lot 176 to have a 15ft rear setback from what was thought to be the property line.This fails to recognize the landscape buffer easement that borders the property. Unfortunately,the border of the landscape buffer easement was mistaken as the property line. Based on the development standards for Temple Citrus RPUD, rear yard accessory setbacks are a minimum of 3ft, but due to the misunderstanding of the location of the property line by the pool contractor and the building department,the project was built within the setback from the landscape easement.The permit,#PRBD2015123977201,was approved by the building department on 1/5/16.After approval,the pool and pool screen enclosure were constructed. Right now,the screen enclosure is effectively 0.1ft and the water's edge of the pool is at 1.3ft from the property line,so in order to meet the code,everything would need to be moved to meet the 3ft requirement.Thus,causing the request for an after the fact variance. 2. a. Yes,the special conditions and/or circumstances existing which are peculiar to the location,size and characteristics of the land, structure,or building involved are that the adjacent landscape easement caused confusion between the contractor and permit department. b. Yes,the conditions and circumstances which are not a result from the action of the applicant are as follows:the construction of a pool and pool enclosure were permitted and constructed within the setback from the landscape buffer easement. Pool and pool enclosure were constructed as permitted. c. Yes, literal interpretation of the provisions of this zoning code will work unnecessary and undue hardship on the applicant and/or create practical difficulties on the applicant because the pool and pool enclosure are already built therefore demolition and reconstruction would cause an impossible financial burden on the property owner.The applicant is hoping that the grant of this variance will make what has been constructed legal. d. Yes,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 since the pool and enclosure already have been constructed. e. No,granting the variance requested will not confer on the petitioner any special privilege that is denied by those zoning regulations to other lands, buildings, or structures on the same zoning district because although the pool is approximately 1.7ft closer to the property line,the pool is a standard size and is not larger because of the variance. f. Yes,granting this variance will be in harmony with the intent and purpose of this zoning code and not be injurious to the neighborhood,or otherwise detrimental to the public welfare mainly because this lot(Lot 176) is abutting a 15ft landscape buffer easement, not an adjacent property line. g. Yes,the natural condition that ameliorates the goals and objectives of the regulation is the abutting 15ft landscape maintenance easement that separates this property from its neighbors. h. Yes,granting the variance will be consistent with the Growth Management Plan. PROJECT NARRATIVE This is a request is for an after the fact variance for the construction of a pool and pool enclosure that was permitted and constructed within the setback from the property's landscape buffer easement. The building permit#PRBD2015123977201 for the job description: POOL,SPA, PAVER DECK, LED LIGHTS,SCREEN AS BARRIER,ALARMS,2.0 E JANDY PUMP,with a master permit#PRP020150619412 shows Temple Citrus Grove Lot 176 to have a 15ft rear setback from what was thought to be the property line, but fails to recognize the landscape buffer easement that borders the property. Unfortunately,the border of the landscape buffer easement was mistaken as the property line. Based on the development standards for Temple Citrus RPUD, rear yard accessory setbacks are at a minimum of 3ft, but due to the misunderstanding of the location of the property line by the pool contractor and building department,the project was built within the setback from the landscape easement.The permit #PRBD2015123977201,was approved by the building department on 1/5/16.After approval,the pool and pool screen enclosure were constructed. Right now,the screen enclosure is effectively 0.1ft from the property line and the water's edge of the pool is 1.3ft from the property line. In order to meet the code, both pool and pool enclosure would need to be demolished and reconstructed at the 3ft line that is required,which would cause an impossible financial burden on the property owner.Therefore,we are requesting an after the fact variance in order to bring this into legal conformity. We find that based on the LCD Section 9.04.03, letters B,C, D, E, F, and H are all relevant to this situation. • i , Co ker County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net (239)252-2400 FAX:(239)252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf,to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL,tenancy by the entirety,tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address %of Ownership Joseph Paiva 100% 13636 Mandarin Cir. Naples, FL 34109 .....-- b. b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address %of Ownership c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address %of Ownership Created 9/28/2017 Page 1 of 3 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)2524400 FAX:(239)252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address %of Ownership e. If there is a CONTRACT FOR PURCHASE,with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers,stockholders, beneficiaries, or partners: Name and Address %of Ownership Date of Contract: 1. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired Leased:Term of lease years/months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Date of option: Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form.Any change in ownership whether individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package.I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed •. ication,all required submittal materials,and fees shall be submitted to: Growth Management Department ATlN:Business Center 2800 North Horseshoe Drive Naples,FL 34104 • 1& Agent/Owner Signature Date David M. Corban • Agent/Owner Name{please print) Created 9/28/2017 Page 3 of 3 AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-72, of the Collier County Land Development Code, I did give notice by mail at least 30 days after receipt of letter indicating that the application is sufficient to the following property owners and.or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a variance or parking exemption. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier.County and any other persons ar entities who have made a formal request of The county to be notified. The said notice contained the laymen's description of the site property of proposed change. Per attached letters and or property owner's list,which are hereby made a part of this Affidavit of Compliance. ( ignature of Applicant) State of Florida County of Collier Te; ov .v pl a oe was. [044e 1gadefoie.me, .s 7 4ayoof May ,2010 by Thomas L Threlkeldo ly olCa to rue or who has produced as identification. �+i gi4' ASHLEY ANN COBURN '*i MY COMMISSION#G0045971 (Signature of Notary Public) EXPIRES November 08,zozo (rotary Seal) Ashley Coburn Printed Name of Notary AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) P1201700027tstar t3d3eMMldsrMarNaples FLa4109 x.rvnrw. (print name),as (title,if applicable)of (company,If ticable),swear or affirm under oath,that I am the(choose one)ownernapplicant[1contract purchaser and that: 1. t have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. Ail answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized The staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4, The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Qevi1f. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes- • lithe applicant is a corporation,then it Is usually executed by the corp.pros.or v.pies • if the applicant is a Limited Liability Company(LLC.)or Limited Company(LC.), then the documents should typical4r be signed by the Company's Managing Member." • tithe applicant is a partnership,then typically a partner can sign on behalf of the partnership. ! ^ • if the applicant is a limited partnership, then the general partner must sign and be identified as the 'general partner*of the named partnership_ • lithe applicant is a trust,then they must include the trustee's name and the words"as trustee' • • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perju. , decla : that I have read the foregoing Affidavit of Authorization and that the facts stated In It true. 4111rAW( 411/39/1 • Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sw ri t (or affirmed)and subscribed before ma on Lif 3� 1 B (date)by `Xoce p C t V (name of person providing oath or affirmation), as OLLA-R who is personally known to me or who has produced ' (type of identification)as identification. = STAMP/SEAL Signature of diy Pub1tc <1 °L . AAYRON SANCHEZ • g • Notary Public-State of Florida i ' ^ 3. • Commission#GG 039033 I CPt68 eoA-oolzsUsS ,,,,;oe My Comm.Eeplres Nov 26.2020 REV 3/24/14 ♦ ,• •• _' ' •� ' ` _ • — Notification of Variance to Property Owners and Associations within 150 feet IP twkirree rhu Construction,lno. Amended Letter (Date) Name Address City, State Zip Dear Property Owner: Please be advised that the sender has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: The subject property is located at Lot 176, Temple Citrus Grove subdivision, also described as 13636 Mandarin Circle in Section 12, Township 49 South, Range 25 East, Collier County, Florida. Joseph Paiva requests a variance from the minimum rear yard setback in Ordinance No. 14-10, as amended, the Temple Citrus Grove RPUD, to reduce the minimum rear yard setback on an open space lot from 3 feet to .1 feet for an existing pool screen enclosure and pool on the aforementioned property. It is our intent to ask thc County to allow us to have relief from thc requirement that a pool be set back 3ft for the pool being set back .1 ft from the property line The pool was constructed based on an unfortunate misunderstanding by the pool contractor and building department permit office of the location of the property line due to a landscape buffer easement which borders the property. Since the pool and screen enclosure are already built, demolition and reconstruction would cause a serious financial burden on the property owner. The property owner is hoping that the grant of this variance will make what has been constructed legal. In order to provide you an opportunity to become fully aware of our intention, we will be contacting you directly within the next few days or you may choose to telephone the sender for further information. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Sincerely, Nassau Pools Construction, Inc 3420 Westview Drive — Naples, FL 34104 T: 239.643.0900 I I f Z D} <!" g r`lll Pcrat� hi Cor.s�trouctiors, tnc_ March 29,2018 Re:Variance PL20170002719; 13636 Mandarin Cir To Whom It May Concern, I,Joseph Palva,am also known and acknowledge the name Joseph Gerard Palva Jr. Thank You, Jose.. P.' . NOTARY FORM STATE OF FL i COUNTY OF Collier,..I I, 1 )1N D 1r C.c c ri c w S . a Notary Public, do hereby certify that on this 29 day of March , 2018, personally appeared before me Joseph Paiva, known to me to be the person whose name is subscribed to the foregoing instrument, and swore and acknowledged to me that he executed the same for the purpose and in the capacity therein expressed, and that the statements contained therein are true and correct. )4111 / Name, Typed or Printed: r My Commission Stamp: ,:, ,t, 0yr r.,orary 0—tIc State of Ronda Lynda Clemons %-- - fly Commis„on FF 720444 or 6.6” t,ores 08/04'2018 HEX NO. 2016 -03 HEARING EXAMINER DECISION PETITION NO. PDI-PL20150001593 — Naples Associates V, LLLP requests an insubstantial change to Ordinance No. 14-10, the Temple Citrus Grove Residential Planned Unit Development, to reduce rear yard accessory setbacks for screen enclosures on single family waterfront lots from three feet to zero feet. The subject property consisting of 132.68± acres is located between Airport-Pulling Road (C.R. 31) and Livingston Road, south of the First Baptist Church of Naples PUD, in Sections 1 and 12,Township 49 South, Range 25 East, Collier County,Florida. DATE OF HEARING: January 28, 2016 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections 10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition is approved. ANALYSIS: Other than representatives of the applicant, there were no members of the public in attendance for this item and there were no objections received by staff. DECISION: The Hearing Examiner hereby approves Petition Number PDI-PL20150001593 filed by Robert L. Duane, AICP of Robert L. Duane&Associates representing Naples Associates V, LLLP with respect to the property as described in the Temple Citrus Grove RPUD, Ordinance Number 14- 10, for the following insubstantial change: • to reduce rear yard accessory setbacks for screen enclosures on single-family waterfront lots from three feet to zero feet. Said changes are fully described in the Temple Grove RPUD insubstantial change attached as Exhibit"A", and are subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A—RPUD Insubstantial Change LEGAL DESCRIPTION: See Ordinance No. 14-10,the Temple Citrus Grove RPUD. [15-CPS-01470/1236587/1]77 1 of 2 CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER: Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals,as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. Date Mark Strain, Hearing Examiner Appr ed as to fo and legality: Scott . .one Assistant County Attorney [15-CPS-01470/1236587/1] 77 2 of 2 EXHIBIT B DEVELOPMENT STANDARDS/TEMPLE CITRUS RPUD A. P PERMITTED USES AND Single- Single Two Family Guard Recreation STANDARDS Family Family— and Duplex Gate Site RS Detached Zero Lot (R) House ( ) (R) Line(R) (ROWs) Minimum Lot Area i 5,000 SF" 4,000 SF'' 3,500SF".' N/A 1 acre Minimum Lot Width 50' 40' 35' N/A 100' Minimum Lot Depth 100' 100' 100' N/A 100' Front Yard Setbacks ~ 15''3 15''3 15''3 `4 N/A 25' Front Yard Accessory Setbacks 18' 18' 20' "N/A 10' Side Yard Setbacks,Principal and 6' 0'or 10 0'or 5' '' `4 N/A 10' Accessory Rear Yard Setbacks '4 N/A Non Open Space Lots 15' 15' 15' 10' Rear Yard Setbacks- `4 N/A Open Space Lots,*5 I 10' 10' 10' -_ 10' Rear Yard Accessory setbacks Non 5' 5' 5' `4 N/A 10' Open Space Lots Rear Yard Accessory setbacks - 3' 3' 3' '4 N/A 10' Open Space Lots *5 Rear Yard Accessory setbacks - 0 0 3' N/A N/A for Screen Enclosures on Water Front Lots Abutting Lake Maintenance Easement_Trac_t_*5 Maximum Building Height 2 stories 2 stories 2 stories 2 stories not to not to not to not to exceed exceed exceed ! exceed Zoned 30' 30' 30' 30' 35' Actual ! 40'' 40" 40'2 40' 50' Distance Between Principal& Accessory Structures 0' 0' 0' N/A 10' Distance Between Principal 12' 1 0'or 10' 10' + N/A 10' Structures Floor Area Minimum 1,500 SF 1,500 SF 1,500 SF N/A N/A Setback from Tract Boundary N/A N/A N/A N/A 25' Page 1 of 3 Temple Citrus RPUD—PL 2012000)593 insubstantial Change.Ordinance 14-10 Sections ldt12.Township 49 South-Range 25 East. Naples Fl.34109,FL,Collier County Revision Date:12.10 2015 Words idoselk.gbgetek are deleted;words uWerlined are added.AN distances are in feel unless otherwise noted.**•Indicate break in pages. Exhibit A page 1_of_'Z-- *1 SF refers to square feet.All other measurements are in linear feet. *2 3,500 SF of lot area per dwelling unit for Two Family and Duplex. *3 Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way,setback is measured from the adjacent right-of-way line. B. If the parcel is served by a private road, setback is measured from the hack of sidewalk. If there is no sidewalk, the setback is measured from the back of curb of the private road. C. If the parcel has private road frontage on two sides, the setback is measured from the side with the shortest frontage with the other frontage designated as a side yard. In no instance shall the principal structure be located within 10 feet of the road right of way line. D. The garage door must be setback a minimum of 23 feet for front-entry garages(from back of sidewalk or from back of curb, if no sidewalk)and 15 feet for side entry garages(from back of sidewalk or from back of curb, if no sidewalk). *4 Minimum 5' from road edge of pavement if no curb or back of curb for internal roadways only. *5 For purposes of establishing the principal and/or accessory use rear yard setbacks established in Exhibit B: (1) "Rear Yard Setbacks-Open Space Lots"and "Rear Yard Accessory setbacks—Open Space Lots"shall apply to that portion of the rear lot line that abuts a landscape buffer tract,water management/lake tract,and/or open space tract provided the abutting landscape buffer tract, water management/lake tract, and/or open space tract is a minimum of seven (7) feet in width or greater; (2)"Rear Yard Setback Non Open Space Lots" and "Rear Yard Accessory setback Non Open Space Lots" shall apply to that portion of the rear lot line that abuts another residential lot line or abuts a landscape buffer tract,water management/lake tract(s),and/or open space tract that is less than seven (7) feet in width. However. Rear Yard Accessory setbacks for screen enclosures on single family waterfront lots may be"zero" feet. (See Exhibit B.Development Standards Tablet. Landscape buffer easements and lake maintenance easements shall be separately platted. *6 Where the zero(0)foot side yard setback option is utilized,the opposite side yard setback,from the property line to the structure, shall be a minimum of five(5) feet. In no instance shall principal structures be separated by less than 10 feet. *7 Building height shall be limited to one story and unit type shall be restricted to either Single Family Detached or Single Family - Zero Lot Line within one hundred and fifty (150) feet of the Manchester Square RPUD. The height for the one story structures are set forth on the Development Standards Table(30) feet Actual,and(40)feet zoned height. Page 2 of 3 Temple Citrus RPUI)—1'1.20120001593 Insubstantial Cltangc.Ordnwue 14-10 Sections 1&12.Township 49 South-Range 25 East. Naples FL 34109,FL,Collier Cowry Revision Date:12.10.2015 Words stcaek4hr.a t,are deleted;words underlined arc added. All distances arc la teat artless otherwise noted.•••Indicate break in pages. Exhibit A Page of„ Ann P. Jennejohn From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent: Tuesday,June 26, 2018 10:14 AM To: Minutes and Records Cc: Ann P.Jennejohn; BellowsRay; BosiMichael; KendallMarcia; PageErin; NeetVirginia; RodriguezWanda; FinnTimothy; SmithCamden;VelascoJessica Subject: HEX Advertising Request PL20170004086 Attachments: 2 x 3 Map.pdf;Ad Request.docx; Signed Ad Request.pdf Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, Odra C?ad 411004 Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-TBD Note: Email Address Has Changed Alexandra.casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Cv 1rer County Exceeding Expectations Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 June 26, 2018 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on July 6, 2018, and furnish proof of publication to the attention of Timothy Finn,Principal Planner in the Growth Management Department,Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 114 page advertisement,and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear, Please reference the following on ALL Invoices:, DIVISION: ZONING [Zoning Services Section} FUND&COST CENTER: 131-138326-649100.00000 PURCHASE ORDER NUMBER: 4500186697 Account Number: 076397 Authorized Designee signature for HEX Advertising P120170004086 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M.,July 26th,2018, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: PETITION NO. BDE-PL20180004086— 179 TOPANGA, LLC REQUESTS A 20 FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET LIMIT IN SECTION 5.03.06 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A TOTAL PROTRUSION OF 40 FEET TO CONSTRUCT A DOCKING FACILITY TO ACCOMMODATE TWO VESSELS FOR THE BENEFIT OF LOT 87 OF SOUTHPORT ON THE BAY UNIT ONE, ALSO DESCRIBED AS 179 TOPANGA DRIVE, IN SECTION 6, TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY, FLORIDA (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida L.- .1 Z __41111)....._ (i) 1 H Z 0 cu O U co °' nfl : 0 of o� L M�' co r tl U � c CO GO a MT1 lk 0 �c 1,0 0 Ets U C CO 1.° CO c O CO I I I 411111P1I 0 anis yoeeg 400Oaae8 0 Ii Acct #076397 June 26, 2018 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: BDE-PL20170004086 (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) on Friday, July 6, 2018, and send the Affidavit of Publication, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500186697 June 26,2018 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on July 6,2018, and furnish proof of publication to the attention of Timothy Finn, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} PURCHASE ORDER NUMBER: 4500186697 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M.,July 26th,2018, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: PETITION NO. BDE-PL20180004086— 179 TOPANGA, LLC REQUESTS A 20 FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET LIMIT IN SECTION 5.03.06 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A TOTAL PROTRUSION OF 40 FEET TO CONSTRUCT A DOCKING FACILITY TO ACCOMMODATE TWO VESSELS FOR THE BENEFIT OF LOT 87 OF SOUTHPORT ON THE BAY UNIT ONE, ALSO DESCRIBED AS 179 TOPANGA DRIVE,IN SECTION 6, TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356,(239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday,June 26, 2018 10:43 AM To: legals@naplesnews.com Subject: BDE-PL20170004086 Display (W/MAP) Attachments: BDE-PL20170004086.doc; PL20170004086.docx; PL20170004086.pdf Please advertise the attached (w/MAP) on Friday, July 6, 2O1s. Thank you! Ann Jennejohn, Deputy Clerk Board Mivtutes Sr Records Departwtevtt Collier County Value Adjustment Board 23 9-252-8406 1 Ann P. Jennejohn From: NDN-Legals <legals@naplesnews.com> Sent: Tuesday,July 3, 2018 10:37 AM To: Ann P.Jennejohn Subject: FW: Revised Proof Naples legal ad 2054155 run date 07/06 BDE-PL20170004086 Display (W/MAP) Attachments: N D-2054155.pdf Hi Ann, please review and let me know. Thank you, Mereida Cardenas Legal Advertising Specialist Naples Daily News PART OF THE USA TODAY NETWORK Office:239.213.6061 Mereida.Cardenas@naplesnews.com naplesnews.com From: Post-Sales Creative Southeast Sent:Tuesday,July 03, 2018 10:06 AM To: NDN-Legals<legals@naplesnews.com> Subject: Revised Proof Naples legal ad 2054155 run date 07/06 BDE-PL20170004086 Display(W/MAP) Good Morning, Please approve the attached ad for print. Margy Lincoln Creative Consultant Team Naples Daily News PART OF THE USA TODAY NETWORK Office: 239-213-5372 MLincoln@Gannett.com Naplesnews.com From: NDN-Legals Sent:Tuesday,July 3, 2018 9:17 AM 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., July 26th, 2018, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: PETITION NO. BDE-PL20170004086 — 179 TOPANGA, LLC REQUESTS A 20 FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET LIMIT IN SECTION 5.03.06 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A TOTAL PROTRUSION OF 40 FEET TO CONSTRUCT A DOCKING FACILITY TO ACCOMMODATE TWO VESSELS FOR THE BENEFIT OF LOT 87 OF SOUTHPORT ON THE BAY UNIT ONE, ALSO DESCRIBED AS 179 TOPANGA DRIVE, IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA a Meth RD hmc Mien nel C 09NIkBxM•Ip 40 pa 5 I �cr'SN,emixrr r rr PROJECT 441 LOCATION i All interested parties are invited to appear and be heard.All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101,Naples, Florida 34112-5356,(239)252- 8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida July 6 ND-2054155 ❑ PROOF O.K.BY: ❑ O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT:7/3/2018 9:26 AM SALES PERSON: NDN7103 PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:07/06/18 ND-2054155.INDD SIZE:3 col X 9.25 in Ann P. Jennejohn From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Tuesday,June 26, 2018 10:51 AM To: Minutes and Records Cc: CasanovaAlexandra;VelascoJessica; SmithCamden;AshtonHeidi Subject: re: HEX Advertising Request PL20170004086/179 Topanga Attachments: 2 x 3 Map.pdf;Ad Request.docx; Signed Ad Request.pdf Please correct the petition number as follows: 20170004086. Otherwise the text of the ad request is good. Please ask the NDN to reduce the map to the appropriate size and turn to a north/south orientation. As I will be out of the office until Monday, July 2nd, please copy Heidi Ashton-Cicko (and me) on all correspondence relating to this ad request. She will need to give approval of the proof, after staff and applicant approval has been obtained. Thank you, Wanda Rodriguez, ACP Advanced Certified Paralegal Office of the County Attorney (239) 252-8400 Upcoming out of office:June 27th-June 29th From:CasanovaAlexandra Sent: Tuesday,June 26, 2018 10:14 AM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn<Ann.Jennejohn@collierclerk.com>; BellowsRay<Ray.Bellows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; KendallMarcia<Marcia.Kendall@colliercountyfl.gov>; PageErin <Erin.Page@colliercountyfl.gov>; NeetVirginia<Virginia.Neet@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@ colliercountyfl.gov>;SmithCamden <Camden.Smith@colliercountyfl.gov>; VelascoJessica<Jessica.Velasco@colliercountyfl.gov> Subject: HEX Advertising Request PL20170004086 Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, exu cdlla eadadceula Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-TBD Note:Email Address Has Changed 1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday, July 3, 2018 10:38 AM To: 'AshtonHeidi'; RodriguezWanda; SmithCamden; CasanovaAlexandra Subject: FW: Revised Proof BDE-PL20170004086 Display(W/MAP) Attachments: ND-2054155.pdf Please review For approval. Thavtk you. AKA. JevtvtejoGtvt, Deputy Clerk Board Mivtutes & Records Departvtnevtt Collier Couvtty Value Adjustewtevtt Board 239-252-840(o From: NDN-Legals<legals@naplesnews.com> Sent:Tuesday,July 3, 2018 10:37 AM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: FW: Revised Proof Naples legal ad 2054155 run date 07/06 BDE-PL20170004086 Display(W/MAP) Hi Ann, please review and let me know. Thank you, Mereida Cardenas Legal Advertising Specialist Naples Daily News PART OF THE USA TODAY NETWORK Office:239.213.6061 Mereida.Cardenasa,naplesnews.com naplesnews.com From: Post-Sales Creative Southeast Sent:Tuesday,July 03, 2018 10:06 AM To: NDN-Legals<legals@naplesnews.com> Subject: Revised Proof Naples legal ad 2054155 run date 07/06 BDE-PL20170004086 Display(W/MAP) Good Morning, Please approve the attached ad for print. 1 Ann P. Jennejohn From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Tuesday, July 3, 2018 8:55 AM To: Minutes and Records Cc: RegulaJason; SmithCamden; CasanovaAlexandra;VelascoJessica;Yang Beth Subject: Revised map for: Proof Naples legal ad 2054155 run date 07/06 BDE-PL20170004086 Display(W/MAP) - 179 Topanga Dr. Attachments: 2 x 3 Ad Map.pdf Importance: High Heidi has reviewed the revised map and says it's fine. Please ask the NDN to replace the map in the proof with the attached revised version. Thank you, 'Wanda Rodriguez, MCP .advanced Certified ParalegaC Office of the County .?attorney (239) 252-8400 From:VelascoJessica Sent: Monday,July 2, 2018 5:19 PM To:YangBeth <Beth.Yang@colliercountyfl.gov> Cc: RegulaJason<Jason.Regula@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject: RE: Proof Naples legal ad 2054155 run date 07/06 BDE-PL20170004086 Display(W/MAP) Thank you so much Beth, Wanda, please let us know if Heidi is ok with this map so we can notify BMR to ask for the change in the ad. Respectfully, 9ed&e4 (/e Cidc4 Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2584 NOTE:New Email Address as of 12/09/2017: Jessica.velasco@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at htta://bit.ly/CollierZoning. Co ler County Exceeding Expectations 1 • - RL.vo_\ cg • 0 • 74: • ar : 1 co r o �p no t. _ rn o 0 z I NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., July 26th, 2018, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: PETITION NO. BDE-PL20170004086 — 179 TOPANGA, LLC REQUESTS A 20 FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET LIMIT IN SECTION 5.03.06 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A TOTAL PROTRUSION OF 40 FEET TO CONSTRUCT A DOCKING FACILITY TO ACCOMMODATE TWO VESSELS FOR THE BENEFIT OF LOT 87 OF SOUTHPORT ON THE BAY UNIT ONE, ALSO DESCRIBED AS 179 TOPANGA DRIVE, IN SECTION 6,TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA Bonita Beach Road ‘.\\\—_:. { `i40. PROJECT ,// ,-1.—.1 LOCATION ;r 4 ' - '. r 41111k -In 1 t- Li Yet All interested parties are invited to appear and be heard.All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples,Florida 34112-5356, (239)252- 8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida July 6 ND-2054155 0 PROOF O.K.BY: ❑ O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT:7/3/2018 11:13 AM SALES PERSON: NDN7103 PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:07/06/18 ND-2054155.INDD SIZE:3 col X 9.25 in Ann P. Jennejohn From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent: Monday,July 2, 2018 3:38 PM To: RodriguezWanda Cc: VelascoJessica; FinnTimothy Subject: FW:Ad Approval for your review for BDE- PL20170004086 Good afternoon Wanda, We have received applicant and planner's approval, but at CAO request,we have requested a new 2x3 ad map to see if can be replaced. We will advise as soon as we hear back. Respectfully, "leezdaelizet 6 hteutoua Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-TBD Note: Email Address Has Changed Alexandra.casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. CO filer ColaitY Exceeding Expectations From: FinnTimothy Sent: Monday,July 02, 2018 3:15 PM To: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Subject: RE:Ad Approval for your review for BDE- PL20170004086 Approved Timothy Finn, AICP Principal Planner Goiter County Zoning Division NOTE: New Email Address as of 12/09/2017: Timothy.Finn@colliercountyfl.gov 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.4312 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. 1 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: CasanovaAlexandra Sent: Monday,July 02, 2018 3:11 PM To: FinnTimothy<Timothv.Finn@colliercountyfl.gov> Subject: FW:Ad Approval for your review for BDE- PL20170004086 Tim, Good afternoon. Do we have your approval for this ad? Thank you, ,41exaget,ta e .Qitaua Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-TBD Note: Email Address Has Changed Alexandra.casanova@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. 'YrCo County Exceeding Expectations From:Jeff Rogers [mailto:Jeff@thanaples.com] Sent: Monday,July 02, 2018 2:56 PM To: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Cc:AshtonHeidi<Heidi.Ashton@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov> Subject: RE:Ad Approval for your review for BDE- PL20170004086 Looks/reads correctly to me. Thank you!! Regards, Jeff Rogers Project Manager Turrell,Hall&Associates,Inc. Marine&Environmental Consulting 3584 Exchange Ave.Ste.B. Naples,FL.34104-3732 Phone:(239)643-0166 Fax:(239)643-6632 Web:www.turrell-associates.com 2 -,i .41 * '.** 1 . THE INFORMATION CONTAINED IN THIS TRANSMISSION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, WORK PRODUCT AND/OR EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT (OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT), YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US BY TELEPHONING US (COLLECT) AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE AT OUR EXPENSE. From:CasanovaAlexandra [mailto:Alexandra.Casanova@colliercountvfl.gov] Sent: Friday,June 29, 2018 4:22 PM To:Jeff Rogers<Jeff@thanaples.com> Cc:AshtonHeidi<Heidi.Ashton@colliercountvfl.gov>; FinnTimothy<Timothy.Finn(c@colliercountvfl.gov>; SmithCamden <Camden.Smith@colliercountvfl.gov> Subject:Ad Approval for your review for BDE- PL20170004086 Jeff, Advertisement for: BDE-PI20170004086 for HEX Hearing on July 26, 2018. The public notice ad for Naples Daily is attached for your approval. If you wish to revise any portion of it(specifically the title), please respond with strike through and underline as to your proposed revision, which we will forward to the County Attorney for a decision. If you approve the ad, please reply approved. If advertisement is approved after COB July 2, 2018 your item may be continued. Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-TBD Note: Email Address Has Changed Alexandra.casanova@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. o ier Cfouvity Exceeding Expectations From:Ann P.Jennejohn [mailto:Ann.Jennejohn@collierclerk.com] Sent: Friday,June 29, 2018 3:57 PM To:AshtonHeidi <Heidi.Ashton@'colliercountvfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Subject: Proof Naples legal ad 2054155 run date 07/06 BDE-PL20170004086 Display (W/MAP) Please review the attached vtotice for HEX PETITION NO. I3DE-PL2O17000408(o 3 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday, July 5, 2018 8:57 AM To: 'Cardenas, Mereida' Subject: RE: Legal Ad #2054155 7/6 Approved. Ann Jenne john, Deputy Clerk Board Minutes & Records Department Collier County Value Adjustewtevtt Board 23q-252.-8406 From: Cardenas, Mereida <Mereida.Cardenas@naplesnews.com> Sent:Thursday,July 5, 2018 8:23 AM To:Ann P.Jennejohn <Ann.Jenneiohn@collierclerk.com> Subject: Fwd: Legal Ad#2054155 7/6 Hi Ann here's one the proofs Sent from my iPhone Begin forwarded message: From: "Lincoln, Margaret" <mlincoln@gannett.com> Date:July 5, 2018 at 7:15:43 AM EDT To: "Cardenas, Mereida" <Mereida.Cardenas@naplesnews.com> Subject: RE: Legal Ad#2054155 7/6 Good Morning Mereida, Attached is the proof for approval or further changes. Thank you, Margy Lincoln Creative Consultant Team 1 apLrø Batig r�uo NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 2054155 BDE-PL20170004086 45-186697 Pub Dates July 6,2018 • d2C ' d� (Sign ture of affiant) _.;;;:• KAROLEKANGAS State Sworn to and subscribed before me , NCommotary wk-IGGi 641 CommhsbntGG126W1 This July 09,2018 i Mmm.Eigi� .?;a� `' (Signature of affiant) 10A I FRIDAY,JULY 6,2018 I NAPLES DAILY NEWS US says it needs to reunite 3,000 immigrant families }, incomprehensible, given how much I HHS chief vows i x .v time the court gave the government to agency will meet ` „ fix its own mess,"Ge)ernt said."When -- + ) the government wants to marshal its judgef ' resources to separate families,it has s deadline .r \ shown that it can do it quickly and effi- ciently,but when told to reunite fam- Alan Gomezfiles,it somehow finds it too difficult USA TODAY - I' " ,t " and cumbersome to accomplish The number of children in question The Trump administration official in , =,, has changed significantly. charge of caring for undocumented mi- ftiyA,L In early June,U.S.Customs and Bor- nom separated from their parents at r yA'- t"-e� der Protection estimated that 2,342 the border said Thursday that his agen- „ .- children had been separated from their el cY must reunite nearly 3,000 families,a �+ +,,,, parents under the zero tolerance policy sharp increase from the roughly 2,000 ». , a ,, w- carried out by the Departments of Jus- his agency contemplated last week. r' t#_, tice and Homeland Security. On Department of Health and Human 6 '# -+9e, •1a-- iiiii June 20,Azar testified before Congress Services Secretary Alex Azar said the L that they had reunited several hundred work has been further complicated by i!"%....:N. ", families,leaving 2,053 children in HHS the nation's"disjointed"immigration Mothers and children wait to be assisted at a humanitarian center in the border custody.On June 26,he testified that laws,the broad scope of the judge's town of McAllen,Texas,U.S.officials have ordered DNA tests on detained the number had fallen to 2,047. "unprecedented"order,requests from children in an effort to reunite families.LEILA MACOR/AFP/GETTY IMAGES Thursday,Azar said his department members of Congress to tour HHS facfi- was forced to examine the cases of all hies,delays verifying familial relation- 11,800 minors in its custody because ships, and "unreliable" information ment to reunite children under 5 by courts." the judge ordered all children to be re- provided by minors who are held in de- Tuesday and all minors by July 26. Lee Gelemt,an American Civil Lib- united with their parents,even those tention. "We will use every minute of time we erties Union attorney who led the law- separated before the zero tolerance poi- Azar insisted that his agency will have to confirm the parentage of those suit that prompted Sabraw to issue the icy went into full effect in May. comply with a ruling from District individuals...and to confirm that those nationwide injunction,said the gov- Most of the cases,he said,were mi- Judge Dana Sabraw to reunite all chil- parents are actually suitable for reuni- ernment needs to stop casting blame nom who crossed the border on their dren separated from their parents un- fication,and then we will comply with and start focusing on reuniting the own,but almost 3,000 may have been der President Donald Trump's"zero the court's order and reunify them," families. separated,leading to the higher esti- tolerance"policy by the end of this Azar said."We will comply with the ar- "The Trump administration's at- mate.About 100 of them are under 5, month.The judge ordered the depart- tificial deadlines established by the tempt to shift the blame to the court is Azar said. Thousands flee wildfires in West, including third largest on record Huge wildfires continued to roar miles,roughly seven times the size of The wildfire was allegedly started by No rain is expected in the West across the bone-dry western U.S.on Manhattan. tracer rounds fired at a shooting range. through Friday.However,some mon- Thursday,including Colorado's Spring Jesper Jorgensen,52,has been ar- In Northern California,the County soon-type thunderstorms could arrive Creek Fire,now the state's third-largest rested on criminal charges of arson re- Fire has burned about 134 square miles over the weekend in the Southwest,ae- on record. latedto starting the fire.According to an and is now 27 percent contained in Na- cording to AccuWeather. That fire has already destroyed 100 arrest affidavit,he was cooking meat for pa and Yolo counties. The blaze is Overall, more than 60 blazes are homes and forced 2,000 other homes to several hours in a fire pit the night be- threatening 1,500 structures,but none burning across the western U.S.and in be evacuated.It's located near Fort Gar- fore the blaze started. have been destroyed or damaged so far. Alaska,the National Interagency Fire land,roughly 205 miles southwest of Another Colorado blaze, the Lake Roughly 2,500 people have been Center said. So far in 2018,wildfires Denver. Christine Fire, forced evacuations forced from their homes since the blaze have charred 4,272 square miles in the Nearly 1,000 firefighters were work- Thursday morning about 20 miles started Saturday.Earlier in the week in U.S.,about 555 square miles above aver- ing to gain control of the fire in unpre- northwest of Aspen.The fire jumped the Bay Area,about 75 miles south of age. dictable winds,but it was only slightly from less than 1 square mile to about 4 the fires,falling ash was reported,and Contributing:Associated Press,KU- contained since it first ignited June 27. square miles Wednesday,the Denver the San Francisco sky turned orange SA-TV,Denver As of Thursday,the fire was 161 square Post reported. from the smoke,weather,com reported. NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier Comity Hearing Notice is hereby given that a public hearing will be held by the Collier County Examiner(HEX)at 9:00 A.M.,July 261k,2018,in the Hearing Examiner's Meeting Hearing Examiner(HEX)at 9:00 A,M.,July 26th,2018,in the Hearing Examiner's Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104, PETITION NO.BDE-PL20170004086 -179 TOPANGA,LLC REQUESTS A 20 to consider: FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET LIMIT IN PETITION NO.VA-PL20I70002719-Joseph Paiva requests a variance from the SECTION 5.03.06 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE minimum rear yard setback in Ordinance No.14-10,as amended,the Temple Citrus FOR A TOTAL PROTRUSION OF 40 FEET TO CONSTRUCT A DOCKING Grove RPUD,to reduce the minimum rear yard setback on an open space lot from FACILITY TO ACCOMMODATE TWO VESSELS FOR THE BENEFIT OF LOT 3 feet to.1 feet for an existing pool screen enclosure and pool,located at Lot 176, 87 OF SOUTHPORT ON THE BAY UNIT ONE,ALSO DESCRIBED AS 179 Temple Citrus Grove subdivision,also described as 13636 Mandarin Circle,in TOPANGA DRIVE,IN SECTION 6,TOWNSHIP 48 SOUTH,RANGE 25 EAST, Section 12,Township 49 South,Range 25 East,Collier County,Florida COLLIER COUNTY,FLORIDA — Bonita Beach Road _ ,jliCli �„��„"sititIO ,,,,,� a �l I.- PROJECT _III PROJECT I > 7 -' LOCATION ;III LOCATION It: - 'w .. 4 ,,,,,,,,,..14 .4 4111 el mat i�AJI v All interested parties are invited to appear and be heard. All materials used in All interested parties are invited to appear and be heard.All materials used in presentation presentation before the Hearing Examiner will become a permanent part of the before the Hearing Examiner will become a permanent part of the record. record. Copies of staff report are available one week prior to the bearing. The file can be Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division, reviewed at the Colder County Growth Management Department,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. Zoning Services Section,2800 North Horseshoe Drive.Naples,FL. The Hearing Examiner's decision becomes final on the date rendered.If a person decides The Hearing Examiner's decision becomes final on the date rendered. If a person to appeal any decision made by the Collier County Hearing Examiner with respect to any decides to appeal any decision made by the Collier County Hearing Examiner with matter considered at such meeting or hearing,he will need a record of that proceeding, respect to any matter considered at such meeting or hearing,he will need a record of and for such purpose he may need to ensure that a verbatim record of the proceedings that proceeding,and for such purpose he may need to ensure that a verbatim record is made,which record includes the testimony and evidence upon which the appeal is to of the proceedings is made,which record includes the testimony and evidence upon be based. which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of If you are a person with a disability who needs any accommodation in order to certain assistance. Please contact the Collier County Facilities Management Division participate in this proceeding,you are entitled,at no cost to you,to the provision located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252- of certain assistance. Please contact the Collier County Facilities Management 8380,at least two days prior to the meeting. Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356, (239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Mark Strain, Collier County,Florida Chief Hearing Examiner July 6 ND-2054i 95 Collier County,Florida ,,,,w,„ NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., July 26th, 2018, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: PETITION NO. BDE-PL20170004086 — 179 TOPANGA, LLC REQUESTS A 20 FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET LIMIT IN SECTION 5.03.06 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A TOTAL PROTRUSION OF 40 FEET TO CONSTRUCT A DOCKING FACILITY TO ACCOMMODATE TWO VESSELS FOR THE BENEFIT OF LOT 87 OF SOUTHPORT ON THE BAY UNIT ONE, ALSO DESCRIBED AS 179 0 TOPANGA DRIVE, IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, Fnci COLLIER COUNTY,FLORIDA z Bonita Beach Road r- to 1110"'W 4.4 PROJECTrn LOCATION411 41 P 10, . 'y Why E Sqq All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings • is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252- 8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida July 6 ND-2054155 AGENDA ITEM 3-B SJ&9. ty MEMORANDUM TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JULY 26, 2018 SUBJECT: BDE-PL20170004086, 179 TOPANGA DRIVE, 179 TOPANGA LLC DOCK PROPERTY OWNER/APPLICANT: AGENT: 179 Topanga LLC Jeff Rogers 4261 Brynwood Drive Turrell, Hall &Associates, Inc. Naples, FL 34119 3584 Exchange Avenue Naples, FL 34104 REQUESTED ACTION: The applicant is requesting a 20-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code (LDC)to allow a total protrusion of 40 feet in order to accommodate a new boat dock facility on a parcel zoned Lely Barefoot Beach Planned Unit Development (PUD). GEOGRAPHIC LOCATION: The subject site is located at 179 Topanga Drive. The site is further described as Lot 87, Southport on the Bay, Unit 1, in Section 6, Township 48 South, Range 25 East, Collier County(see location map on the following page). PURPOSE/DESCRIPTION OF PROJECT: The purpose of the request is to allow an extension for a boat dock facility that protrudes 40 feet into the waterway in order to accommodate a 35-foot long vessel. There is one BDE application that was previously approved by the HEX immediately to the west of this boat dock extension request located at 181 Topanga Drive which was approved on October 17, 2017 for a 35-foot protrusion into the waterway. BDE-PL20170004086, 179 Topanga LLC Dock Page 1 of 8 June 26,2018 • V \ \co z m Amo /ti > C Li 0 a8 ' LL \ I A ® i c co mein) CL e ? .. ® / / co �' U co o , �f .0 t,, co 2 ® .. ® os ,o in aoo \ .,-... , 0 1- 0 g.2. o / CI) ® N J CD 1 ► E Z ON . 2 C W p 'Fay, 1 i i 8 0CL 1 ;"...., �` �� w/w /', / 47-1 1 \ , arm 1 1 j _1_— BDE-PL20170004086, 179 Topanga LLC Dock Page 2 of 8 June 26,2018 SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the subject site. North: Man-made waterway off Little Hickory Bay. South: Topanga Drive (local road) then single family residential, zoned Lely Barefoot Beach PUD at(2.25 DU/AC). East: Single-family residential, zoned Lely Barefoot Beach PUD at(2.25 DU/AC). West: Single-family residential, zoned Lely Barefoot Beach PUD at(2.25 DU/AC). s5ns �►, _ 8 ,...„..._ _ ... BAREFOOT - '"' ! rrACN Al b Pi NON. A el .:11 Subjecte . 179 Topa' Drive Aerial(County GIS) BDE-PL20170004086, 179 Topanga LLC Dock Page 3 of 8 June 26,2018 ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request. The proposed dock is to be constructed through an existing Conservation Easement containing a mangrove fringe. The Conservation Easement allows a four feet wide access walkway to a docking facility. A submerged resources survey provided by the applicant found no submerged resources in the area 200 feet beyond the proposed docking facility. Exhibit sheet 7 of 7 provides an aerial illustrating that no seagrasses were observed within 200 feet of the proposed structure. This project does not require an Environmental Advisory Council Board (EAC) review, because this project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII,Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. ANALYSIS: In accordance with LDC Section 5.03.06.H., the Collier County Hearing Examiner shall approve, approve with conditions, or deny a dock facility extension request based on certain criteria. In order for the Hearing Examiner to approve this request, at least four of the five primary criteria and four of the six secondary criteria must be met: Primary Criteria: III 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Criterion met. The proposed facilities will consist of one boat slip, which is appropriate in relation to the 62.94 feet of shoreline. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) Criterion met. There is adequate water depth for the vessel; however,the applicant will need an extension from the mangrove. 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) BDE-PL20170004086, 179 Topanga LLC Dock Page 4 of 8 June 26,2018 Criterion met. The applicant stated, "The proposed docking facility will not have adverse impacts on navigation within the adjacent channel, which is not a marked channel" Staff concurs. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion not met. The drawing in the applicant's support material labeled Width of Waterway shows the waterway is 105 feet wide at mean high water line(MHWL). The drawing does not indicate the percentage of the dock protrusion into the waterway; however, based on the distances provided on the drawing, staff estimates it would be approximately 38%. This protrusion would exceed the maximum allowed protrusion of 25%. The mangrove to mangrove measurement is 78 feet,which is adequate for navigability. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Criterion met. The drawing in the applicant's support material labeled Proposed Line shows the proposed dock would be 15 feet from the east riparian line and 15 feet from the west riparian line. The survey indicates the proposed dock facility will not interfere with the use of neighboring docks. Secondary Criteria: 1. Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth,or seagrass beds.) Criterion met. A submerged resources survey was performed by Turell Hall and Associates on January 11, 2018. The survey indicates that negative impacts to the submerged resources are not expected with the proposed dock facility. There are mangroves on the site which necessitates the extension of the boat dock keeping the vessel out of the mangroves. As such, the drawing in the applicants support material labeled Width of Waterway shows the mangrove to mangrove measurement is 78 feet which is adequate for vessel navigability. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area). Criterion met. As shown on the drawings by the petitioner,the deck area is not excessive. BDE-PL20170004086, 179 Topanga LLC Dock Page 5 of 8 June 26,2018 3. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Criterion not met. The subject property contains 62.94 feet of water and canal frontage, and the vessel is 35 feet or 56% of the water/canal frontage. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. The proposed facility will be setback from the riparian lines in accordance with the requirements of the LDC. The drawing in the applicant's support material labeled Width of Waterway shows that the proposed facility will be comparable to the others along the same waterway. The drawing labeled Cross Section depicts the aluminum support beams of the boat lift. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06.J of the LDC must be demonstrated.) Criterion met. The submerged resources survey provided indicates that no seagrass beds exists within the footprint of the dock. No seagrass beds will be impacted by the proposed dock facility. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated. Criterion not applicable. The provisions of the Collier County Manatee Protection Plan do not apply to individual docks behind individual residences. Staff analysis finds this request complies with four of the five of the primary criteria and four of the six secondary criteria. Therefore, under the LDC provisions, the installation of a new boat dock facility requires approval by the Collier County Hearing Examiner. The recommendation by staff is approval. Furthermore, it shall be noted that the principal structure/dwelling is currently under construction via Permit#PRBD20180427367. APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS: As to any boat dock extension petition upon which the Hearing Examiner takes action, an aggrieved petitioner, or adversely affected property owner, may appeal such final action to the Board of County Commissioners. Such appeal shall be filed with the Growth Management Department Administrator within 30 days of the Decision by the Hearing Examiner. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. BDE-PL20170004086, 179 Topanga LLC Dock Page 6 of 8 June 26,2018 COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on June 29, 2018. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner approve Petition BDE- PL20170004086. Attachments: A) Application& Support Material BDE-PL20170004086, 179 Topanga LLC Dock Page 7 of 8 June 26,2018 PREPARED BY: 7-3- i ? TIMOTHY F ,AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: 1 / /3%RAYMO `p V. BELLOWS,ZONING MANAGER TE ZONING )IVISION -1- 3- r MICHAEL BOSI,AICP,DIRECTOR DATE ZONING DIVISION BDE-PL20170004086, 179 Topanga LLC Dock Page 8 of 8 June 26 2018 Attachment A Col er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch. 3 B. of the Administrative Code THIS PETITION IS FOR (check one): [ DOCK EXTENSION ❑ BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION Name of Property Owner(s): 179 Topanga LLC Address: 4261 Brynwood Drive City: Naples State: FL ZIP: 34119 Telephone: Cell: 239-209-3999 Fax: E-Mail Address: Ezio@distinctivedevlopmentgroup.com Name of Applicant/Agent: Jeff Rogers Firm: Turrell, Hall & Associates, Inc Address: 3584 Exchange Ave City: Naples State: FL ZIP: 34104 Telephone: 239-643-0166 Cell: 239-784-0081 Fax: 239-643-6632 E-Mail Address: Jeff@thanaples.com PROPERTY LOCATION Section/Township/Range: 06 /48 /25 Property I.D. Number: 74435007507 Subdivision: Southport on the Bay Unit: 1 Lot: 87 Block: Address/General Location of Subject Property: 179 Topanga Drive Current Zoning and Land use of Subject Property: Lely Barefoot Beach PUD / single-family residential, duplex residential, etc. BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 8/03/2017 Page 1 of 6 Co r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N A-ST Hickory Bay S Lely Barefoot Beach PUD Right-of-way for Topanga Drive E Lely Barefoot Beach PUD Lot 86 (Single-family Residential) W Lely Barefoot Beach PUD Lot 88 (Single-family Residential) DESCRIPTION OF PROJECT Narrative description of project(indicate extent of work, new dock, replacement, addition to existing facility,any other pertinent information): The proposed work entails the construction of a new single-family fixed docking facility that is approximately 207 square feet of over water structure with one optional boat lift. The proposed dock will protrude approximately 40-feet from the most restrictive point into a waterway that is approximately 105-feet wide from MHWL to MHWL. The applicant is requesting for a 20-foot extension from the allowed 20-feet SITE INFORMATION 1. Waterway Width: 105 ft. Measurement from n plat ❑survey ❑visual estimate • other(specify) Aerial 2. Total Property Water Frontage: 62.94 ft. 3. Setbacks: Provided: 15 8 15 ft. Required: 15815 ft. 4. Total Protrusion of Proposed Facility into Water: 40 ft. 5. Number and Length of Vessels to use Facility: 1. 35 ft. 2. ft. 6. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: There are numerous other docking facilities on Little Hickory Bay and surrounding waterways,all of which protrude approximately 20' to 50'out into the same waterway 7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? 024 Acres 8. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? FT, Yes ■ No If yes, please provide copies. 9/28/2017 Page 2 of 6 Co (ier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips;typical multi-family use should be one slip per dwelling unit;in the case of unbridged barrier island docks,additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s)described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks.(The facility should not interfere with the use of legally permitted neighboring docks.) 9/28/2017 Page 3 of 6 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property;these may include type of shoreline reinforcement,shoreline configuration, mangrove growth,or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present,compliance with LDC subsection 5.03.06 I must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) 9/28/2017 Page 4 of 6 Coirier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: ■ Dock Extension Boathouse Chapter 3 B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application (download current form from County website) 1 ® _ Property Ownership Disclosure Form 1 Signed and Sealed Survey ❑ ❑ ❑ Chart of Site Waterway ❑ n ❑ Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank, seawall,or rip-rap revetment); • Configuration, location,and dimensions of existing and proposed 1 [ ❑ facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. Affidavit of Authorization,signed and notarized 1 ® ❑ Completed Addressing Checklist 1 ® ❑ Electronic copy of all required documents *Please be advised:The Office of the Hearing Examiner requires all 1 n U materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 9/28/2017 Page 5 of 6 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: Bayshore/Gateway Triangle Redevelopment: Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet 1TAddressing:Annis Moxam E Graphics:Beth Yang ❑ City of Naples:Robin Singer,Planning Director ❑ Historical Review Comprehensive Planning:See Pre-Application ❑ Parks and Recreation: David Berra Meeting Sign-In Sheet E Conservancy of SWFL: Nichole Johnson School District(Residential Components):Amy Lockheart ❑ County Attorney's Office:Heidi Ashton-Cicko ' ❑ Utilities Engineering: Eric Fey ❑ Emergency Management:Dan Summers;and/or ❑ Engineering: Brett Rosenblum EMS:Artie Bay FEE REQUIREMENTS: Boat Dock Extension Petition: $1,500.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to:Board of County Commissioners. The completed application, all required submittal materials,and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples,FL 34104 Signature of Petitioner or Agent Date 9/28/2017 Page 6 of 6 The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks,additional slips may be appropriate.) Response: The total waterfront length for this property is 63-ft. The zoning and upland land use is single family residential which warrants no more than 2 slips per CC-LDC;the current proposed dock design has 1 boat slip. 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) Response: See attached survey/drawing illustrating the existing water depths,mangrove/vegetation line which is within the Conservation Easement(CE)located along the subject property shoreline. There are two factors that are the driving force for the required BDE which are the shallow water depths and the mangrove shoreline. The mean high water line(MHWL)is the most restrictive point but due to limitation of removing or trimming the mangroves because of the CE and the shallow water depths the dock footprint is being proposed in the only location that will allow for safe ingress/egress to the proposed slip. 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Response: The proposed docking facility will not have adverse impacts on navigation within the adjacent waterway,which is not a marked channel. The proposed docking facility is located within a canal where minimal to no navigation occurs other than local residence. The entire waterway is used for navigation as there are no navigational markers indicating the exact thread of navigation. The proposed docking facility provides adequate space for navigation through this waterway and the properties across the waterway already have docking facilities which are not directly across from the proposed dock. This will ensure there will be adequate space for navigation. 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) Response: The proposed docking facility protrudes approximately 40-feet from the MHWL into a waterway that is approximately 105-feet wide from MHWL to MHWL. This correlates to approximately 38%width of waterway therefore,the dock does not maintain the required percentages based on the criteria. 5. Whether or not the proposed location and design of the dock facility is such that the facility would not ir,L,ifere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Response: The proposed dock facility will provide 40-foot clearance to the neighboring dock to the west and approximately 80-feet to the neighboring dock to the east. These clearances both provide adequate space for a dock to be built and still provide safe ingress/egress for the typical sized vessels within Little Hickory Bay. 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement,shoreline configuration,mangrove growth,or seagrass beds.) Response: The proposed docking facility design was mostly driven by the presence of the Conservation Easement (CE) and associated mangrove shoreline vegetation. The CE being located along the entire shoreline is the one special condition other than water depths driving the dock design to protrude out past the mangrove fringe therefore requiring the BDE approval. 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions.(The facility should not use excessive deck area.) Response: The proposed dock facility has been minimized to the fullest extent possible and still provide adequate and safe access to and from the vessel. The proposed docking facility size and design are consistent with the surrounding area. 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Response: The proposed docking facility has been designed to only moor one vessel up to 30-feet which is less than 50%the subject property's linear waterfront footage. 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) Response: The proposed dock facility will provide one boatlift that will not have a major impact on the waterfront view of either neighboring property. The proposed docking facility is consistent with others on this canal and will not affect neighboring properties view of the waterway. 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present,compliance with LDC subsection 5.03.06 I must be demonstrated.) Response: There are no seagrass beds present on the property nor the neighboring properties within 200'of the existing dock structure. 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) Response: The proposed work is a single-family dock facility and therefore not subject to Manatee Protection Requirements. R"m S'• m ^�� art m m - . "Vg O 'w '.m .,m UO t g'_ b _ _ 11 2 >. rA y " 5 2.^g. 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AFFIDAVIT OF AUTHORIZATION 'FOR PETITION NUMBERS(8) Pt-- Oi 71,0o"jog(0 I, : ,lW tc.rt Da `Q tel 0 (print name),as Ol t)t+tief (title,if applicable)of 1'7 4 T. .21 n L1-0 (company,If ),swear or affirm under oath,that I am the( •. •- •ne)owner[]applk.antQcontract purchases Jand�that: 1. 1 have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Lend Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true: 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions impostri by the. Toyed on. 5. Well authorize f 4rr�y /! ` XX.; , (..• to act as our/my representative in any matters regarding this petition including 1 through 2 above. 'Notes: • If the applicant is a corporation,then it is usually executed by the corp.pres.or v.pies. • if the applicant is a limited Liabtllly Company(LLC.) or Limited Company(LC.), then the documents should typically be signed by the Company's'Managing Member" • If the applicant is a partnership then typically a partner can sign on behalf of the partnership. • If the applicant Ls a limited partnership, then the general partner must sign and be identified as the 'general partner'of the named partnership • If the applicant Is a taut, then they must include the trustee's name and the words'as trustee` • In each Instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties . rjury, I declare that I have read the foregoing Affidavit of Authorization and that opilii the facts •• . true. + ir 12-G�—LD tl Or Signature - Date STATE OF FLORIDA COUNTY OF COWER Theomforegoinge" fns ant was sworn to(or affirmed)and subscribed before me on bee 447.4-1-j(date)by 7„�•n tv1.414.„ Gt14L,,a (name of person providing oath or affirmation), as who Is personally known to me or who has produced QVr tty Mvt.OL& ). (type of identifIcadon)as identification. � ( r Q STAMP/VIAL v { Y J2/�L, l.it,..Jv�Sign‘Lit re of( otary Public / '*�rV4 Vivian Franco *: "` ?►- EXPIR : August 2T,3201t `;:0 cares-c:oA-osustss ;�/ '`arti��., ` www.MI ONNOTARY.COM REV 3124114 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI(Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans& Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal& Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description maybe attached) South Port on the Bay Unit One Lot87 6-4 8-2 5 FOLIO(Property ID) NUMBER(s)of above(attach to, or associate with, legal description if more than one) 74435007507 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 179 Topanga Drive • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) 179 TopangaDR PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL# Rev.6/9/2017 Page 1 of 2 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.collierttov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for,or already appearing in, condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: Email ❑ Fax ❑ Personally picked up Applicant Name: Jeff Rogers Phone: 239-643-0166 Email/Fax: Jeff@THANaples.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 7443500750' Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: w.: Date: 11/29/17 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Rev 6/9/2017 Page 2 of 2 .., 01434683 ISO NOV 29 PH 259 • DCW ER,I:DI ilERVATION EASEI4ET1'P'RDED STATE OF FLORIDA ) ) SS. REC COUNTY OF COLLIER ) p8M DOC-Lag KNOW ALL MEN BY THESE PRESENTS that for and in consideration INT of issuance of State of Florida Department of Environmental IND-----Regulation Permits Numbered 111501035 and 111703805 in the name ofc° z SOUTHPORT VENTURE ASSOCIATES, a general partnership and other good= -o and valuable considerations, the receipt of which is hereby°, — —y acknowledged, SOUTHPORT VENTURE ASSOCIATES, a general partnership,5R ("Grantor") has bargained, sold, conveyed and granted to the STATE N of FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION ("Grantee"), 7451 Golf Course Boulevard, Punta Gorda, Florida 33950-9359, a non- exclusive conservation easement in accordance with Section 704.06, Florida Statues (1985), in and over the real property located in Collier County, Florida and described on the attached Exhibit "A". 1. This Easement conveys to Grantee a perpetual non-exclusive interest in the property, consisting of the following affirmative and negative covenants on the part of the Grantor and Grantor's successors and assigns: a. No construction or placing of buildings, roads, signs c billboards or other adverti- • . es or other structures (42 co any kind whatsoever on • he -, the property shall bV1 co undertaken without p ' 2 w % o - .tee. co b. No d a- or • acing of -• •r • her substance whatsoever or • •T. •r placing of trash, a fr unsightly or offensive mat= i- ., the property. �-^ c. No rem••a - --- ction of native tr es, .hrubs, or other veget tion •n •I .roper d. N• exc vation, dre. i : o removal of loam, .eat, gravel, soil, roc• or • r'- =t-.,-- n-- as t. affect the surfa.e on • e •r.1- y e- .o au ac use -xc-• fo L:.- t' • rmi the land or water are. ma n p. -om - tl j.s natu,- on• ion on the property. ,� f. (••tivities detrimental to '.rains.:, f control, water manwater conservation, ,ater qua i erosion control, so ,ervation or fish or w '4,�-.e -AA.. servation on the prope -1°. s. No a er see detrimental to such = er j,b of land or water area on ttr- `/ l h. Grantor a s - • - n- •-11 maintain the •tescribed real prope f-e ie - . :i¢a e.- - on. of 2. Provided, however, - . - cement shall not preclude 3 the following specific activities from being undertaken on the u. subject property as authorized pursuant to the above referenced Permits Numbered 111501035 and 11.1703805. 0 m m a. The placement, construction and maintenance of ramps and .5' walkways for access and single family boat docks for property •-c. owners and associations of such property owners within the D.44a. Southport on the Bay Subdivision, provided such access ramps or Assn 16M.Irl walkways do not exceed 4' in width. .a Maim b. Maintenance of mangroves located adjacent to residential >•- .Lots within Southport on the Bay Subdivision provided such 'aOw mangroves may not be trimmed to a height of less than ten (10) uw� feet. MSL a,nH c- Grantor retains and reserves the use of the property for MINIMM any and all purposes which do not interfere with and prevent the M.M. ices herein granted to the Grantee. . . n o I 5 7 5 0 0 0 9 9 5 OR BOOK PAGE STATE OF FLORIDA ) ) SS. COUNTY OF COLLIER ) The foregoing instrument was acknowledged before me by Kenneth • J. Gluckman, as President of Orion Marketing, Inc., a general partner of Southport Venture Associates this a?? day •of AelAkAPA4KCIL , 1990. My C9PORkietElstifiliftPs: •'' • • - .ir trAidisca UP.acr,....,.., aiLavivIR714.1).&* (92/4E .- i !MED Mk!SOMA W.WU. Notary Public - _ Accepted: 0 i-ted: II 8 cfC) , 1990 . 12Y. ,0•-•••t By: q-01,44(2A, , 1990 (*..c:) -/N.Itak STATE OF FLOR 'A '-1 ) 1 sa. COUNTY OF Ce LIE• ) The oreg.ing Inst ' =nt 316,s ackn. ledged —for, me by Philip R. Edwa da ,.. ..4cEEr, xxxxxxxxxxxxxxx x t is 28th .ay 0 1171T,WW-NI Vila WA ' - My Commis ion r ' ,-*-• -. kr/ V,::,.r'.-ti: ne.....! filk• 'z '7,..,,...g. L.i-.'''':i'- ,b . .. • ...., : lt,ip, 4 c ,.0 . ...• :7..-.• '-...*7 ' • 711E Cli `C ) This Instrument Prepared : George L. Consoer, Jr., Esq. HUMPHREY & KNOTT, P.A. . 1625 Hendry Street Fort Myers, Florida 33901 • • ,,,tet.4-f-T-TrillidimMINMPa44281004). ';''''"'1•••-, .,......... ... .:.,....,•-•:. • • U1111IT "A" Legal Doscripties of Coaasrvatiea Laoeuast • All of that aortaie property designated ■s Conservation lase.eet Area (C.l.) spot tba plat of Southport on the lay, Coit One, as recorded at Plat look 15, Pages 51 - 33, and lb. plat of Southport on the Say, that Ivo, as recorded at plat look 16, papa 100 - 101, both recorded in the Public Records of collier County, Florida. C CD GJ� • 1 C 0 LTA/• 0 CC' • rn m ; CM (^Z ° ti V • 41E CSC, 11'J.I� C?6 I • y TURRELL9 HALL & ASSOCIATES, INC. MARINE&ENVIRONMENTAL CONSULTING 3584 Exchange Avenue c Naples,Florida 34104-3732•239-643-0166•Fax(239)643-6632•Tuna@THAnaples.com June 6,2018 Conservancy of Southwest Florida 1495 Smith Preserve Way Naples,FL 34102 RE:Collier County Boat Dock Extension-PL20170004086 179 Topanga Drive To Whom It May Concern, Based on the Settlement Agreement between Collier County and the Conservancy of Southwest Florida,we are required to notify you of the proposed docking facility located at 179 Topanga Drive,Folio#74435007507. The proposed project is currently in for a Collier County Boat Dock Extension due to the proposed dock being waterward of the allowed 20-foot protrusion measurement. The project consist of constructing a new docking facility through the existing mangrove shoreline that is also a conservation easement(CE). The proposed dock includes a 4-foot wide access walkway through the mangroves,which is allowed per the CE language and then expands out to 6-foot wide approximately 18-feet waterward of the mean high water line(MHWL). The total dock protrusion is 40-feet from the MHWL and will be approximately 207 square feet of overwater structure. Please see attached exhibits. According to the Agreement if written objections have not been received within 15 days of this submittal approval is presumed. Re ards, Jeff Rogers Project Manager Turrell,Hall&Associates,Inc. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT#: PRBD2018042736701 PERMIT TYPE: GS ISSUED: BY: APPLIED DATE: 04-23-18 APPROVAL DATE:04-23-18 MASTER#: COA: JOB ADDRESS: 179 TOPANGA DR JOB DESCRIPTION: 500 UG TANK W/LINES TO W/H,BBQ,RANGE,P/H, JOB PHONE: AND 2 FIRE BOWLS 179 TOPANGA DR SUBDIVISION#: BLOCK: LOT: FLOOD MAP: ZONE: ELEVATION: FOLIO#: 74435007507 SECTION-TOWNSHIP-RANGE:6-48-25 OWNER INFORMATION: CONTRACTOR INFORMATION: 179 TOPANGA LLC S&S GAS SYSTEMS,INC 4261 BRYNWOOD DRIVE 17485 LEE RD NAPLES,FL 34119- FT MYERS,FL 33967- CERTIFICATE#:.<NO LICENSEN> PHONE: FCC CODE: CONSTRUCTION CODE: 0220 JOB VALUE: $2,475.00 TOTAL RES SOFT: 0 TOTAL COMM SOFT: 0 SETBACKS FRONT: REAR: LEFT: RIGHT: SEWER: WATER: CONTACT NAME: CONTACT PHONE: Per Collier County Ordinance No.2002-01,as it may be amended,all work must comply with all applicable laws,codes,ordinances,and any additional stipulations or conditions of this permit.This permit expires if work authorized by the permit is not commenced within six(6)months from the date of issuance of the permit.Additional fees for failing to obtain permits prior to the commencement of construction may be imposed.Permittee(s)further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE:PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE,FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE(EITHER THE OWNER OR CONTRACTOR)TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION(DEP).FOR MORE INFORMATION,CONTACT DEP AT(239)344-5600. In addition to the conditions of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county,and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. INSTR 4506493 OR 4633 PG 2766 RECORDED 12/16/2010 4:01 PM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $99,400.00 REC $18.50 CONS $14,200,000.00 Consideration:$14,200,000.00 Documentary Stamps:$99,400.00 Recording Fee:$18.50 Prepared by; Michael D.Gentzle,Esq. Bond,Schoeneck&King,PLLC 4001 Tamlami Trail North Suite 250 Naples,FL 34103 File Number: Fiore Parcel Identification No.02930360009 (Space Above Thi.Line For Recording Data) Warranty Deed (STATUTORY FO' •N 699.02,F.S.) This Indenture made this f�l day . : .•,K * Gasper V. Fiore and Joan M. Fiore, husband and wife, whose post offi .s is 4540 Gordo Naples, FL 34102 of the County of Collier, State of Florida, grantor*, dVy D.Berry,as Trustee . th-Paiko Trust dated June 4,2010** . whose post office address is P.O. : x 1: .lea, . - i,, grant--1, Witnesseth that said grantor, fo an. .4,,. . o. , s�L;'� • s NO/100 DOLLARS($10.00) and other good and valuable conaid • sa • , �': , .1.., id grantee, the receipt whereof is • hereby acknowledged, has gran 41.f. :•, :Ti' the • • • and grantee's heirs and assigns forever,the following described l:_ .. tuate,lying and been Co—; •, . ,Florida,to-wit: Lots 23,24,25 and the No s? feet of Lot 26,Bl " 2 tlaas Cove Section of Port Royal,as described in the P ,f recorded in Plat ' • 'ITTPage 101,Public Records of Collier County,Florida; and . 38 and ,�7 0 feet of Lot 39,Block"A", Beach Estates No. 2, as descri :'l *telt. , - orded in Plat Book 1, Page 69, Public Records of Collier County,Flo Subject to restrictions,reservations and easements common to the subdivision,if any,and taxes subsequent to 2010. **with full power and authority to protect,to conserve,to sell,to lease, to encumber,or otherwise to manage and dispose of the real property described herein and said grantor does hereby fully warrant the title to said land,and will defend the same against lawful claims of all persons whomsoever. •'Grantor'and'Grantee'are used for singular or plural,as context requires. 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'i' ,..,..:'. x = ,_a t ` ws ., i 14C.� :0 f„Ijll a<.e+y aza ,,-„,-,4.,-• Y 4 € � {� l Evil/4 ,felY i R°'7 pA`40 11` Lop 1A 10 ' NC, Ou Pi V^ �$ 0 4 P yr PAPA' illkk p%,,, _' '24 03:10 t4f14rt 5:3fol 0'1 ' Air' 6 Y 'f :. ev,..?1.'4.10-,,,,42'1)'-'6- - ��0 rf A • 4 a 4b CO �{ *pi x , ' aof of t - �, �(7 tot' o it 1,4:141� s I , , a {,. iii e _ g ,.' w BDE APPLICATION PL20170004086 179 TOPANGA DR NAPLES, FL PREPARED BY: TURRELL HALL &ASSOCIATES, INC 3584 EXCHANGE AVENUE NAPLES, FL 34104 BDE APPLICATION W/ PRIMARY & SECONDARY CRITERIA Confer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch. 3 B. of the Administrative Code THIS PETITION IS FOR (check one): 0 DOCK EXTENSION ❑ BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION Name of Property Owner(s): 179 Topanga LLC Address: 4261 Brynwood Drive City: Naples State: FL ZIP: 34119 Telephone: Cell: 239-209-3999 Fax: E-Mail Address: Ezio@distinctivedevlopmentgroup.com Name of Applicant/Agent: Jeff Rogers Firm: Turrell, Hall & Associates, Inc Address: 3584 Exchange Ave City: NaplesState: FL ZIP: 34104 Telephone: 239-643-0166 Cell: 239-784-0081 Fax: 239-643-6632 E-Mail Address: Jeff@thanaples.com PROPERTY LOCATION Section/Township/Range: 06 X48 X25 Property I.D. Number: 74435007507 Subdivision: Southport on the Bay Unit: 1 Lot: 87 Block: Address/ General Location of Subject Property: 179 Topanga Drive Current Zoning and Land use of Subject Property: Lely Barefoot Beach PUD / single-family residential, duplex residential, etc. BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 8/03/2017 Page 1 of 6 Coe County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N A-ST Hickory Bay S Lely Barefoot Beach PUD Right-of-way for Topanga Drive E Lely Barefoot Beach PUD Lot 86 (Single-family Residential) W Lely Barefoot Beach PUD Lot 88 (Single-family Residential) DESCRIPTION OF PROJECT Narrative description of project(indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): The proposed work entails the construction of a new single-family fixed docking facility that is approximately 207 square feet of over water structure with one optional boat lift. The proposed dock will protrude approximately 40-feet from the most restrictive point into a waterway that is approximately 105-feet wide from MHWL to MHWL. The applicant is requesting for a 20-foot extension from the allowed 20-feet SITE INFORMATION 1. Waterway Width: 105 ft. Measurement from ❑ plat n survey ['visual estimate ❑ other(specify) Aerial 2. Total Property Water Frontage: 62.94 ft. 3. Setbacks: Provided: 15 x 15 ft. Required: 15&15 ft. 4. Total Protrusion of Proposed Facility into Water: 40 ft, 5. Number and Length of Vessels to use Facility: 1. 35 ft. 2. ft. 6. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: There are numerous other docking facilities on Little Hickory Bay and surrounding waterways,all of which protrude approximately 20' to 50'out into the same waterway 7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? 024 Acres R. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑Yes n No If yes, please provide copies. 9/28/2017 Page 2 of 6 Cotner County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips;typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MIT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s)described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks.(The facility should not interfere with the use of legally permitted neighboring docks.) 9/28/2017 Page 3 of 6 The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks,additional slips may be appropriate.) Response: The total waterfront length for this property is 63-ft. The zoning and upland land use is single family residential which warrants no more than 2 slips per CC-LDC;the current proposed dock design has 1 boat slip. 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) Response: See attached survey/drawing illustrating the existing water depths,mangrove/vegetation line which is within the Conservation Easement(CE)located along the subject property shoreline. There are two factors that are the driving force for the required BDE which are the shallow water depths and the mangrove shoreline. The mean high water line(MHWL)is the most restrictive point but due to limitation of removing or trimming the mangroves because of the CE and the shallow water depths the dock footprint is being proposed in the only location that will allow for safe ingress/egress to the proposed slip. 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Response: The proposed docking facility will not have adverse impacts on navigation within the adjacent waterway,which is not a marked channel. The proposed docking facility is located within a canal where minimal to no navigation occurs other than local residence. The entire waterway is used for navigation as there are no navigational markers indicating the exact thread of navigation. The proposed docking facility provides adequate space for navigation through this waterway and the properties across the waterway already have docking facilities which are not directly across from the proposed dock. This will ensure there will be adequate space for navigation. 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) Response: The proposed docking facility protrudes approximately 40-feet from the MHWL into a waterway that is approximately 105-feet wide from MHWL to MHWL. This correlates to approximately 38%width of waterway therefore, the dock does not maintain the required percentages based on the criteria. 5. Whether or not the proposed location and design of the dock facility is such that the facility would not irtmfe with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Response: The proposed dock facility will provide 40-foot clearance to the neighboring dock to the west and approximately 80-feet to the neighboring dock to the east. These clearances both provide adequate space for a dock to be built and still provide safe ingress/egress for the typical sized vessels within Little Hickory Bay. Coffer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property;these may include type of shoreline reinforcement, shoreline configuration, mangrove growth,or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present,compliance with LDC subsection 5.03.06 I must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) 9/28/2017 Page 4 of 6 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement,shoreline configuration,mangrove growth, or seagrass beds.) Response: The proposed docking facility design was mostly driven by the presence of the Conservation Easement (CE) and associated mangrove shoreline vegetation. The CE being located along the entire shoreline is the one special condition other than water depths driving the dock design to protrude out past the mangrove fringe therefore requiring the BDE approval. 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions.(The facility should not use excessive deck area.) Response: The proposed dock facility has been minimized to the fullest extent possible and still provide adequate and safe access to and from the vessel. The proposed docking facility size and design are consistent with the surrounding area. 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Response: The proposed docking facility has been designed to only moor one vessel up to 30-feet which is less than 50%the subject property's linear waterfront footage. 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) Response: The proposed dock facility will provide one boatlift that will not have a major impact on the waterfront view of either neighboring property. The proposed docking facility is consistent with others on this canal and will not affect neighboring properties view of the waterway. 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 I must be demonstrated.) Response: There are no seagrass beds present on the property nor the neighboring properties within 200'of the existing dock structure. 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) Response: The proposed work is a single-family dock facility and therefore not subject to Manatee Protection Requirements. Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: n Dock Extension J Boathouse Chapter 3 B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application (download current form from County website) 1 ❑ Property Ownership Disclosure Form 1 Signed and Sealed Survey ❑ ❑ ❑ Chart of Site Waterway ❑ ❑ ❑ Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip-rap revetment); • Configuration, location,and dimensions of existing and proposed 1 ❑ ❑ facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. Affidavit of Authorization,signed and notarized 1 // ❑ Completed Addressing Checklist 1 ® ❑ Electronic copy of all required documents *Please be advised:The Office of the Hearing Examiner requires all 1 ❑ ❑ materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 9/28/2017 Page 5 of 6 Cor Count COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ® Bayshore/Gateway Triangle Redevelopment: ❑ Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet ❑ Addressing:Annis Moxam ❑ Graphics:Beth Yang O City of Naples: Robin Singer, Planning Director 0 Historical Review ® Comprehensive Planning:See Pre-Application Meeting Sign In Sheet ❑ Parks and Recreation: David Berra ❑ Conservancy of SWFL: Nichole Johnson n School District(Residential Components):Amy IJ Lockheart ❑ County Attorney's Office:Heidi Ashton-Cicko ❑ Utilities Engineering:Eric Fey Emergency Management: Dan Summers;and/or EMS:Artie Bay ❑ Engineering: Brett Rosenblum FEE REQUIREMENTS: D Boat Dock Extension Petition: $1,500.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner:$1,125.00 ❑ An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to:Board of County Commissioners. The completed application,all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Sifilna re of Pe '.inner or Agent Da 9/28/2017 Page 6 of 6 LOCATION MAP DRAWINGS w i .E., U in iii F ISI J ?a iia , , . O. W 1 I. '- rid . 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P:\1764-Fabrizi 179 Topan9RACADVERMIT-COUNM1764 COUN7Y.dwg SRS 7/2/2018 PRE-APP MEETING Mer COMA ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 Pre-Application Meeting Notes Petition Type: BDE Date and Time: 11/30/17 @ 3:00PM Assigned Planner: Timothy Finn Engineering Manager(for PPL's and FP's): Project Irifcr naton Project Name: 179 Topanga PL#: PL20170004086 Property ID#: 74435007507 Current Zoning: PUD- Lely Barefoot Beach Project Address: 179 Topanga Dr City: Naples State: FL zip: 34134 Applicant: Jeff Rogers Agent Name: Jeff Rogers Phone: 239-643-0166 Agent/Firm Address: THA Naples City: Naples State: FL zip: 34104 Property Owner: 179 Topanga Drive LLC Please provide the following, if applicable: i. Total Acreage: 0.24 ii. Proposed#of Residential Units: iii. Proposed Commercial Square Footage: _ iv. For Amendments, indicate the original petition number: v. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 11/8/2017 Page I 1 of 5 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 r"1 www.colllergov.net (239)252-2400 Meeting Notes As of 10/16/2017 ail Zoning applications have revised applications,and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note—link is https://www.collieraov.net/Home/ShowDocument?id=75093. Disclaimer: Information provided by staff to applicant during the Pre-Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 11/8/2017 Page 2 of 5 Colter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Meeting Notes thhha JmENAA L (CtA;9& SEE. A1}n}ck�,D Checl.1+ AQOf�cam,, - 40 etosAckEi tr&cc `iut uc�i, 1i>Rc( 4o m AQPI;cri+ai Otw3j coNI(M El� Sf 1,J, init (O JSEt&M e.1 606.a ) S fi OVE9 11 , J Disclaimer: Information provided by staff to applicant during the Pre-Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 11/8/2017 Page 13 of 5 Residential Boat Dock Extension Checklist FOR REVIEWERS Submerged Resources Survey Checklist 1. Is there an overlay? ST overlay needs an ST permit (much of Isle of Capri & Keewaydin has an ST Overlay over the water) 2. Include an aerial with a note indicating whether seagrass beds exist within 200 feet of the proposed dock facility.(LDC 5.03.06 J) Provide a submerged resources survey from an Environmental Consultant done between Policy on Requirement for requiring Submerged Resources Survey (October 2017): • Require for all Boat Dock petitions • Always require an aerial with a note indicating whether seagrass beds exist within 200 feet of the proposed dock facility. 3. All proposed dock facilities shall be located and aligned to stay at least ten feet from any existing seagrass beds, or meet restrictions for continuous beds. (LDC 5.03.06 J.) P530 4. Provide complete answers to Secondary Criteria#5 &#6. (Use Misc in CV) 5. Demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom communities have been minimized. (LDC 5.03.06 J .4) P530 6. Provide a clearing plan for removal of any vegetation related to the boat dock. This is simply an information exhibit being requested. 7. Are there any draft restrictions? Look at the MPP. Draft restrictions exist for Wiggins Pass. Keewaydin: BDE not required for Keewaydin - Most always need an ST permit related to a Building Permit—water and land have ST Overlay Seagrass: Light penetration is needed to survive, usually in more shallow areas Submerged Resources Survey: - Read thoroughly - Check location description for street& waterway(if given) - Check to see if it was uploaded to CV - Indicate in CV "Comments box"if one was done&if it was uploaded to CV *****SEE SUGGESTED FORMAT OF SUBMERGED RESOURCES SURVEY ON NEXT PAGE***** MULTI SLIP DOCKING FACILITY ® Look at supplemental criteria in 5.05.02 o Port of the Islands uses different Rating system — see MPP e See 5.03.06 E 11 and 5.05.02 for Manatee awareness requirements for multi-slip docking facilities Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11)of this LDC. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated). SUGGESTED FORMAT AND INFORMATION TO INCLUDE IN SUBMERGED RESOURCES SURVEY i® Location of survey—property address and folio# o The survey shall indicate any seagrass or seagrass beds located within 200 feet on any proposed dock facility (5.03.06.J). In order for this to be accomplished, any within 200 feet of the proposed dock (within the riparian lines of the property and adjacent to the property) shall be surveyed. i� Who did the survey—which firm and their contact information including name,address, phone #, email y What date was the survey conducted?Guidance from FWC is to do between April and October o Weather conditions, water temperature, low tide & high tide times Objective of Survey & Work done on the site o Was the site snorkeled? o What methodologies were used? o Was a GPS used? o Was an aerial photograph reviewed and used to establish survey transect lines? Results o What was found? Substrate and what kind? Seagrass, shell, oysters? o What was along the shoreline? Mangroves, seawall, etc? o Why does the consultant think no submerged resources were found? o Other observations When seagrass is found, include all requirements of LDC section 5.03.06. .1. • Conclusions o Were any submerged resources found? If yes, what? o Are any impacts to submerged resources expected or proposed? • Pictures (suggested angles) o Looking toward and away from the shoreline o The proposed location of the boat access o Observations in the water 9 Any oyster debris, shell, seagrass • Aerial photograph o Where new docking facilities or boat dock extensions are proposed, the location and presence of seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph having a scale of 1 inch to 200 feet when available from the County, or a scale of 1 inch to 400 feet when such photographs are not available from the County. (LDC 5.03.06.J) o An aerial is required even when seagrasses are not found. The aerial shall indicate whether seagrasses were found within 200 feet of the proposed dock facility. 5.03.06. J. (LDC section up to date as of 2016) Protection of seagrass beds. Seagrass or seagrass beds within 200 feet of any proposed docks, dock facilities, or boathouses shall be protected through the following standards: 1. Where new docking facilities or boat dock extensions are proposed, the location and presence of seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph having a scale of 1 inch to 200 feet when available from the County, or a scale of 1 inch to 400 feet when such photographs are not available from the County. The location of seagrass beds shall be verified by the County Manager or designee prior to issuance of any project approval or permit. 2. All proposed dock facilities shall be located and aligned to stay at least 10 feet from any existing seagrass beds, except where a continuous bed of seagrasses exists off the shore of the property and adjacent to the proper— and to minimize negative impacts to seagrasses and other native shoreline, emergent and submerg vegetation, and hard bottom communities. 3. Where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, the applicant shall be allowed to build a dock across the seagrass beds, or a docking facility within 10 feet of seagrass beds. Such docking facilities shall comply with the following conditions: a. The dock shall be at a height of at least 3.5 feet NGVD. b. The terminal platform area of the dock shall not exceed 160 square feet. c. The access dock shall not exceed a width of 4 feet. d. The access dock and terminal platform shall be sited to impact the smallest area of seagrass beds possible. 4. The petitioner shall be required to demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom communities have been minimized prior to any project approval or permit issuance. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net (239)252-2400 Kg Pre-Appi $ I} i ; g Sign-In Sheet Collier County Contact Information: Name Review Discipline Phone Email LI David Anthony Environmental Review 252-2497 davidanthony@colliergov.net Li Summer Araque Environmental Review 252-6290 summerbrownaraque@colliergov.net GMD Operations and ] Claudine Auclair Regulatory Management 252-5887 ciaudineauclair@colliergov.net Li Steve Baluch ____,^ Transportation Planning 252-2361 stephenbaluch@colliergov.net 0 Ray Bellows Zoning, Planning Manager 252-2463 raymondbellows@colliergov.net 0 Laurie Beard PUD Monitoring 252-5782 lauriebeard@colliergov.net XCraig Brown Environmental Specialist 252-2548 craigbrown@colliergov.net Managing Asst.County ❑ Heidi Ashton Cicko Attorney 252-8773 heidiashton@colliergov.net ❑ Kay Deselem Zoning Services 252-2586 kaydeselem@colliergov.net Li Dale Fey North Collier Fire 597-9227 dfey@northcollierfire.com C7 Eric Fey,P.E. Utility Planning 252-1037 ericfey@colliergov.net X Tim Finn,AICP Zoning Division 252-4312 timothyfinn@coliiergov.net Li Sue Faulkner { Comprehensive Planning 252-5715 suefaulkner@colliergov.net [; Paula Fleishman Impact Fee Administration 252-2924~ paulafleishman@colliergov.net Growth Management Deputy James French Department Head 252-5717 _jamesfrench@colliergov.net b Structural/Residential Plan L1 Michael Gibbons Review 252-2426 michaelgibbons@collier_gov.net __J Storm Gewirtz, P.E. Engineering Stormwater 252-2434 stormgewirtz@colliergov.net Ci Nancy Gundlach,AICP,PLA Zoning Division 252-2484 nancygundlach@colliergov.net L] Sher Hingson _ Greater Naples Fire District 774-2800 shingson@gnfire.org El John Houldsworth Engineering Subdivision252-5757 johnhouldsworth@colliergov.net i Jodi Hughes Transportation Pathways 252-5744 jodihughes@coliiergov.net Alicia Humphries Right-Of-Way Permitting 252-2326 aliciahumphries@colliergov.net 11 Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net John Kelly Zoning Senior Planner 252-5719 johnkelly@colliergov.net Thomas Mastroberto Greater Naples Fire 252-7348 thomasmastroberto@colliergov.net Jack McKenna, P.E. Engineering Services 252-2911 jackmckenna@colliergov.net !j _! Matt Mclean,P.E. Development Review Director 252-8279 matthewmciean@colliergov.net I Michele Mosca,AICP Capital Project Planning 252-2466 michelemosca@colliergov.net L_i Annis Moxam Addressing 252-5519 annismoxam@colliergov.net Updated 11/8/2017 Page 14 of 5 Cid e-r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 '--, www.colliergov.net (239)252-2400 J Stefanie Nawrocki Development Review-Zoning 252-2313 stefanienawrocki@colliergov.net ❑ Richard Orth Stormwater Planning _252-5092 richardorth@colliergov.net Li Brandy Otero Transit 252-5859 brandyotero@colliergov.net Brandi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net Fred Reischl,AICP Zoning Division 252-4211 _fredreischl@colliergov.net _1 Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com Li Daniel Roman,P.E. Engineering Utilities 252-2538 danielroman@colliergov.net Development Review LI Brett Rosenblum,P.E. Principal Project Manager 252-2905 brettrosenblum@coiliergov.net Li James Sabo,AICP Zoning Principal Planner jamessabo@colliergo.net =i Michael Sawyer Transportation Planning _252-2926 michaelsawyer@colliergov.net I Corby Schmidt,AICP Comprehensive Planning _ 252-2944 corbyschmidt@colliergov.net ri Chris Scott,AICP Development Review-Zoning 252-2460 chrisscott@colliergov.net i? Peter Shawinsky Architectural Review 252-8523 petershawinsky@colliergov.net 14 Camden Smith Zoning Division Operations 252-1042 _ camdensmith@colliergov.net .'‘, Scott Stone Assistant County Attorney 252-5740 scottstone@colliergov.net Cl Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net 11 Mark Templeton _ Landscape Review 252-2475 marktempleton@colliergov.net Jessica Velasco Zoning Division Operations 252-2584 jessicavelasco@colliergov.net Jon Walsh,P.E. Building Review 252-2962 jonathanwalsh@colliergov.net Comprehensive Planning . J David Weeks,AICP _ Future Land Use Consistency 252-2306 davidweeks@coliiergov.net H Kirsten WilkieEnvironmental Review 252-5518 kirstenwilkie@colliergov.net H Christine Willoughby Development Review -Zoning 252-5748 christinewilloughby@colliergov.net Additional Attendee Contact Information: Name Representing Phone Email t lie( } :..•( LL /'CSSGu � &137/f.✓n 3eq''�� G f✓Gr9leSN .I Updated 11/8/2017 Page 15 of 5 Cot(ier Count, COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: la-I5ock Extension Boathouse Chapter 3 B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application(download current form from County website) 1 El Property Ownership Disclosure Form 1 Signed and Sealed Survey Chart of Site Waterway II0 Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank,seawall,or rip-rap revetment); • Configuration, location,and dimensions of existing and proposed 1 [ facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property;and • Illustration of dock facility from both an aerial and side view. Affidavit of Authorization,signed and notarized 1 Completed Addressing Checklist 1 �I Electronic copy of all required documents *Please be advised:The Office of the Hearing Examiner requires all 1 .13 0 materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 9/28/2017 Page 5 of 6 Co en County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ® Bayshore/Gateway Triangle Redevelopment: Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet 17 Addressing:Ann is Moxam T Graphics:Beth Yang ❑ City of Naples: Robin Singer,Planning Director ❑ Historical Review ® Comprehensive Planning:See Pre-Application ❑ Parks and Recreation:David Berra Meeting Sign-In Sheet Conservancy of SWFL:Nichole Johnson ® School District(Residential Components):Amy Lockheart ❑ County Attorney's Office:Heidi Ashton-Cicko ❑ Utilities Engineering:Eric Fey ® Emergency Management:Dan Summers;and/or EMS:Artie Bay ❑ Engineering:Brett Rosenblum v,F sc r {S�S^+v✓w ✓ FEE REQUIREMENTS: X Boat Dock Extension Petition: $1,500.00 N` Estimated Legal Advertising fee for the Office of the Hearing Examiner:$1,125.00 An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to:Board of County Commissioners. The completed application,all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN:Business Center 2800 North Horseshoe Drive Naples,FL 34104 Signature of Petitioner or Agent Date 9/28/2017 Page 6 of 6 Co1ier County COl LIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch 3 8 of the Administrative Code THIS PETITION IS FOR(check one): ❑ DOCK EXTENSION ❑ BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION Name of Property Owner(s): Address: City: State: ZIP: Telephone: Cell: Fax: E-Mail Address: Name of Applicant/Agent: Firm: Address: City: State: ZIP: Telephone: Cell: Fax: E-Mail Address: PROPERLY LOCATION Section/Township/Range: _ J / Property I.D. Number: Subdivision: Unit: Lot: Block: Address/General Location of Subject Property: Current Zoning and Land use of Subject Property: BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 8/03/2017 Page 1 of 6 Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N S E W DESCRIPTION OF PROJECT Narrative description of project(indicate extent of work, new dock, replacement,addition to existing facility,any other pertinent information): SITE INFORMATION 1. Waterway Width: ft. Measurement from❑ plat ❑ survey ❑visual estimate ❑ other(specify) 2. Total Property Water Frontage: ft. 3. Setbacks: Provided: ft. Required: ft. 4. Total Protrusion of Proposed Facility into Water: ft. 5. Number and Length of Vessels to use Facility: 1. ft. 2. ft. 6. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: 7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? Acres 8. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑Yes❑ No If yes,please provide copies. 9/28/2017 Page 2 of 6 Cotner County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips;typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel(s)described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks.(The facility should not interfere with the use of legally permitted neighboring docks.) 9/28/2017 Page 3 of 6 they County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property;these may include type of shoreline reinforcement,shoreline configuration,mangrove growth,or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present,compliance with LDC subsection 5.03.06 I must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LOC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) 9/28/2017 Page 4 of 6 Coot ler County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf,to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL,tenancy by the entirety,tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address %of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address %of Ownership c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address %of Ownership Created 9/28/2017 Page 1 of 3 i .„ C✓o r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collierXov.net (239)252-2400 FAX:(239)252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address %of Ownership e. If there is a CONTRACT FOR PURCHASE,with an individual or individuals, a Corporation, Trustee,or a Partnership, list the names of the contract purchasers below, including the officers,stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired _ Leased:Term of lease years/months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Coil?r County COLUER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Date of option: Date option terminates: ,or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form.Any change in ownership whether individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package.I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Department ATTN:Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Date Agent/Owner Name(please print) Created 9/28/2017 Page 3 of 3 Coi.Lier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE ^ GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@coliiergov net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meetino. please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) O BD(Boat Dock Extension) 0 SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU(Conditional Use) 0 SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) 0 SIPI(Insubstantial Change to SIP) O FP(Final Plat ❑ SNR(Street Name Change) O LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) 0 TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) 0 VA(Variance) O PSP(Preliminary Subdivision Plat) 0 VRP(Vegetation Removal Permit) O PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) 0 OTHER LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) South Port on the Bay Unit One Lot87 6-4 8-2 5 FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with, legal description if more than one) 74435007507 STREET ADDRESS or ADDRESSES(as applicable, if already assigned) 179 Topanga Drive • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way * SURVEY(copy -needed only for unplatted properties) CURRENT PROJECT NAME(if applicable) 179 TopangaDR PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL# Rev.6/9/2017 Page 1 of 2 Coilser County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergo►.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for, or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: ID Email 0 Fax ❑ Personally picked up Applicant Name: Jeff Rogers Phone: 239-643-0166 Emall!Fax: Jeff@THANaples.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 74435007507 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Q. n2.0�_ Date: 11/29/17 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Rev.6/9/2017 Page 2 of 2 ler County Applicant/Agent may also send site plans or conceptual plans fol review in advance if desire Growth Management Department Zoning Division P120170004086 PRE-APP INFORMATION Assigned Ops Staff: Camden Smith,Jessica Velasco STAFF FORM FOR SUPPLEMENTAL PRE-APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request Name/number/email • Agent to list for PL# Jeff Rogers -Turrell, Hall&Associates, Inc. • Owner of property(all owners for all parcels) List individually and by parcel • Confirm Purpose of Pre-App: (Rezone,etc.) BDE • Please list the density request of the project if applicable and number of homes/units/offices/docks(any that apply): Single-family docking facility for one vessel up to 35-feet in length. Mangrove shoreline with a Conservation Easement overlay which allows for a 4-foot wide access walkway through. • Details about Project(choose type that applies): PUD or PUD-A—is this a phased development and if so what schedule is being proposed? Is the proposal for a specific Tract or addition of a Tract/Use? Variance—What are you seeking a variance of: zoning, primary use,etc.?Provide details. BDE—include any measurements of watercraft(boats), dock extensions measurements from shorelines etc. here and return with a site plan if such exists. 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I 011 0-11. 0141 g diith€i A30>0xvaa 00/41060. ~001 '. s $ 0100 01090000 .131 131 061 60~1111000 044 Y MON 010003 seamos°,al6oloaeyoJe Jo ouolsly 6ugeu6lsep aomos/yunoo 213H10L i-0219/6l ONINOZ NOISIA32!IStll Ieioylo NI aye sdey�ltlillgegoud le o!oloaeyaJypuols!H awl Collier County Property Appraiser Property Summary Parcel No. 74435007507 Site Adr. 179 TOPANGA DR, BONITA SPRINGS, FL 34134 Name/Address 179 TOPANGA LLC 4261 BRYNWOOD DRIVE City NAPLES State FL Zip 34119-8415 Map No. Strap No. Section Township Range Acres *Estimated 3A06 636400 873A06 6 48 25 0.24 Legal SOUTHPORT ON THE BAY UNIT ONE LOT 87 Millage Area 0 3 Millage Rates 0 *Calculations Sub./Condo 636400 - SOUTHPORT ON THE BAY UNIT 1 School Other Total Use Code 0 0 - VACANT RESIDENTIAL 5.122 5.8384 10.9604 Latest Sales History 2017 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $ 593,620 01/27/17 5358-1803 $ 725,000 (.0 Improved Value $ 0 07/24/15 5180-3777 $ 625,000 (_) Market Value $ 593fr0 08/28/14 5074-1871 $ 567,500 (_) 10% Cap $ 9,, 05/05/09 4453-2723 $ 510,000 06/25/07 4249-281 $ 81,000 (-) Assessed Value $ 584,070 03/11/05 3750-3308 $ 950,000 (_) School Taxable Value $ 593,620 12/19/03 3468-1348 $ 800,000 (_) Taxable Value $ 584,070 02/06/03 3213-1028 $ 0 IFif nal all VaTax Rluesolslhown above equal 0 this parcel was created after the 03/26/01 2795-2939 $ 256,700 02/22/00 2643-1760 $ 279,000 04/11/97 2303-2808 $ 160,000 06/01/90 1533-1755 $ 125,000 Collier County Property Appraiser Property Detail Parcel No. 74435007507 Site Adr. 179 TOPANGA DR, BONITA SPRINGS, FL 34134 Name/Address 179 TOPANGA LLC 4261 BRYNWOOD DRIVE City NAPLES State FL Zip 34119-8415 Permits Tax Issuer Permit # CO Date Tmp CO Final Bldg Type Yr Land Building/Extra Features # Calc Code Units # Year Description Area prey 10 RESIDENTIAL FF 80.42 I Collier County Property Appraiser Property Aerial Parcel No. 74435007507 Site Adr. 179 TOPANGA DR, BONITA SPRINGS, FL 34134 n r ti' ,,, 4(4e. •., 4.,:::::::',.:;. ,•1" ,, , ,i , 1 i' . ' ' - . is 4;r 1 - \ ,_ .4„, . ..." ...f4 ' ...,.... - .. ... r. r s.. . ` a F t ''' ;apy�giDR 4,,,,i,.--, 4 [ —. . 401. . R ' - t- _ • €'-f,s„,. CR.arite i?'o;;. ,tpramot.N2141tC5 fes- � 021ft Open GIS in a New Window with More Features. PAO Township Range Section: 48 TOWNSHIP 48 SECTION 06 RANGE 25 T_R._S 482506 Zoning_General: PUD ZONING PUD ZONENOTEI PDA-86-17C,8/2/88 PDA-88-7 88-63, 5-24-94 PUD-77-19(6) 94-28, 6-26- 01 PUDA-0I-AR-546 01-35 ZONENOTE2 ZoningLinks: Zoning till More info TSS 48-25-26 PAO Parcels: 74435007507 FI,N 74435007507 RECKEY 74435007507 STRAP 636400 873A06 Occupancy Category 2: 161 WindZone 161 Category 2 Commissoner District:Andy Solis,Esq. DISTRICT 2 COMM S N R Andy Solis, Esq. Planned Unit Development: LELY BAREFOOT BEACH NAME LELY BAREFOOT BEACH sTATI. 5 ACTIVE PE'T'ITION R-77-19 SYS. 14U0_ NU AR-6283 A K A ORP, NUM 06-22 /..-\ CU"5"12,20,26 BD 87 V 15 mum ep a maw a • Immis .• imam a ram a is el =ma a ai =Imo wisommi a a re m si •••=5 s• masa a or MINIM 6 TRAC LS-3` TRACT LS-1 TRACT LS-2 sl BONITA BEACH RI _ 8 .► 1 : 4.40.-..„-....... isrmin 40. 6 BD liti‘ 66 49414). 6 : ,,,,,..> 441k. 8 ... .rrie., 3 X41-, gps2 � 6s I s� BD" aD85 7 s4BD"+ 82 s z4 .p34 illr:D33 Ily r0 PA NGA D9'. bast80 94 .1111 \ BD 311 Other BD's on Topanga Drive 38.5-21-98 BD-98-18 98-17 53. 12-2-99 BD-99-25 99-44 65.3-1-01 BD-00-35 01-05 74. 12-5-02 BD-02-AR-2948 02-08 116. 10-17-17 BD-PL-16-3559 HEX 17-28 5.03.06- Dock Facilities A. Generally. Docks and the like are primarily intended to adequately secure moored vessels and provide safe access for routine maintenance and use, while minimally impacting navigation within any adjacent navigable channel,the use of the waterway,the use of neighboring docks,the native marine habitat, manatees, and the view of the waterway by the neighboring property owners. B. Allowable uses. The following uses may be permitted on waterfront property: 1. Individual or multiple private docks . 2. Mooring pilings. 3. Davits or lifts. 4. Boathouses . 5. Boat lift canopies. C. Measurement of dock protrusions and extensions. 1. Measurement is made from the most restrictive of the following: property line, bulkhead line , shoreline , seawall, rip-rap line, control elevation contour, or mean high water line(MHWL). 2. On manmade waterways less than 100 feet in width, where the actual waterway has receded from the platted waterfront property line, the County Manager or Designee may approve an administrative variance allowing measurement of the protrusion from the existing MHWL, provided that: a. A signed, sealed survey no more than 60 days old is provided showing the location of the MHWL on either side of the waterway at the site,as well as any dock facilities on the subject property and the property directly across the waterway; and b. At least 50% of the true waterway width, as depicted by the survey, is maintained for navigability. 3. On manmade canals 60 feet or less in width, which are not reinforced by a vertical seawall or bulkhead, at least 33 percent of the true waterway width, as depicted by the survey, must be maintained for navigability. 4, The allowable protrusion of the facility into the waterway shall be based on the percentages described in subsection 5.03.06(E)(2) of this LDC as applied to the true waterway width, as depicted by the survey, and not the platted canal width. D. Determination as principal or accessory use . 1. On unbridged barrier islands, a boat dock shall be considered a permitted principal use ; however, a dock shall not, in any way, constitute a use or structure which permits, requires, and/or provides for any accessory uses and/or structures . 2. Boathouses and dock facilities proposed on residentially zoned properties, as defined in section 2.02.02 of this LDC, shall be considered an accessory use or structure . 3. Any covered structure erected on a private boat dock shall be considered an accessory use , and shall also be required to be approved through the procedures and criteria of subsections 5.03.06(G)and 5.03.06(F) of this LDC. E. Standards for dock facilities. The following criteria apply to dock facilities and boathouses , with the exception of dock facilities and boathouses on manmade lakes and other manmade bodies of water under private control. 1. For lots on a canal or waterway that is 100 feet or greater in width, no boathouse or dock facility/boat combination shall protrude more than 20 feet into the waterway (i.e. the total protrusion of the dock facility plus the total protrusion of the moored vessel). 2. For lots on a canal or waterway that is less than 100 feet in width, dock facilities may occupy no more than 25 percent of the width of the waterway or protrude greater than 20 feet into the waterway, whichever is less. 3. On manmade canals 60 feet or less in width, which are not reinforced by a vertical seawall or — bulkhead, dock facilities may protrude up to 33 percent of the width of the waterway, provided that the procedures outlined in section 5.03.06(C)are followed. 4. For lots on unbridged barrier islands located within state aquatic preserves, protrusion limits, setbacks , and deck area shall be determined by the applicable Florida Department of Environmental Protection (DEP) regulations in effect at the time of permit application, and the protrusion limits above shall not apply. All required DEP permits for a dock facility must be obtained prior to the issuance of a Collier County building permit for the facility. 5. All dock facilities on lots with water frontage of 60 feet or greater shall have a side setback requirement of 15 feet, except as provided in subsections 5.03.06(E)or 5.03.06(F)of this LDC or as exempted below. 6. All dock facilities, except boathouses , on lots with less than 60 feet of water frontage shall have a side setback requirement of 7.5 feet. 7. All dock facilities, except boathouses , on lots at the end or side end of a canal or waterway shall have a side setback requirement of 7.5 feet as measured from the side lot line or riparian line, whichever is appropriate. 8. Riparian lines for lots at the end or side end of a waterway with a regular shoreline shall be established by a line extending from the corner of an end lot and side end lot into the waterway bisecting equidistantly the angle created by the 2 intersecting lots . 9. Riparian lines for all other lots shall be established by generally accepted methods, taking into consideration the configuration of the shoreline , and allowing for the equitable apportionment of riparian rights. Such methods include, but are not limited to, lines drawn perpendicular to the shoreline for regular(linear)shorelines , or lines drawn perpendicular to the centerline(thread) of the waterway, perpendicular to the line of deep water (line of navigability or edge of navigable channel), as appropriate, for irregular shorelines . 10. All dock facilities, regardless of length and/or protrusion, shall have reflectors and house numbers, no less than 4 inches in height, installed at the outermost end on both sides. For multi- family developments , the house number requirement is waived. 11. Multi-slip docking facilities with 10 or more slips will be reviewed for consistency with the Manatee Protection Plan ("MPP") adopted by the BCC and approved by the DEP. If the location of the proposed development is consistent with the MPP, then the developer shall submit a "Manatee Awareness and Protection Plan," which shall address, but not be limited to, the following categories: a. Education and public awareness. b. Posting and maintaining manatee awareness signs. 12. Information on the type and destination of boat traffic that will be generated from the facility. 13. Monitoring and maintenance of water quality to comply with state standards. 14. Marking of navigational channels, as may be required. F. Standards forboathouses. Boathouses , including any roofed structure built on a dock , shall be reviewed by the Planning Commission according to the following criteria, all of which must be met in order for the Planning Commission to approve the request: 1. Minimum side setback requirement: Fifteen feet. 2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet, whichever is less. The roof alone may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks . 3. Maximum height: Fifteen feet as measured from the top of the seawall or bank,whichever is more restrictive, to the peak or highest elevation of the roof. 4. Maximum number of boathouses or covered structures per site: One. 5. All boathouses and covered structures shall be completely open on all 4 sides. 6. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style. A single-family dwelling unit must be constructed on the subject lot prior to,or simultaneously with,the construction of any boathouse or covered dock structure . 7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the greatest extent practical. G. Standards for boat lift canopies. 1. Boat lift canopies shall be permitted over an existing boat lift attached to a dock legally permitted, by the requisite local, state and federal agencies, if the following criteria are met. a. Canopy covers shall not extend more than 27 inches beyond the width of the boat lift on each side. b. The length of the boat lift canopy shall not exceed 35 feet. c. The height of the boat lift canopy shall not exceed 12 feet, measured from the highest point of the canopy to the height of the dock walkway. d. The sides of the canopy cover shall remain open on all sides, except that a drop curtain, not to exceed 18 inches shall be permitted on the sides. e. Boat lift canopies shall meet the requirements of Awnings and Canopies in the Florida Building Code. f. Canopy cover material shall be limited to beige, or mid-range shades of blue or green. g. No boatlift canopies shall be permitted at sites that contain either a boathouse or a covered structure. 2. Lots with frontage on canals shall be permitted a maximum of one boatlift canopy per site.Lots with frontage on bays shall be permitted a maximum of 2 boatlift canopies per site. 3. If an applicant wishes to construct a boat lift canopy that does not meet the standards of subsection 5.03.06 G. above,then a petition for a boat lift canopy deviation may be made to the Planning Commission which shall review a sufficient petition application and either approve or deny the request. H. Dock facility extension. Additional protrusion of a dock facility into any waterway beyond the limits established in LDC subsection 5.03.06 E. may be considered appropriate under certain circumstances. In order for the Planning Commission to approve the boat dock extension request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, have been met. These criteria are as follows: 1. Primary Criteria: a. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate;typical, single-family use should be no more than 2 slips;typical multi-family use should be 1 slip per dwelling unit; in the case of unbridged barrier island docks , additional slips may be appropriate). b. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension). c. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel). d. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50%of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages). e. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks . (The facility should not interfere with the use of legally permitted neighboring docks ). 2. Secondary criteria: a. Whether there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least 1 special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds). b. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading and/or unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area). c. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained). d. Whether the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of a neighboring property owner). e. Whether seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(H)(2). of this LDC must be demonstrated). f. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11)of this LDC. (If applicable,compliance with section 5.03.06(E)(11) must be demonstrated). g. If deemed necessary based upon review of the above criteria,the Planning Commission may impose such conditions upon the approval of an extension request that it deems necessary to accomplish the purposes of this Code and to protect the safety and welfare of the public. Such conditions may include, but shall not be limited to, greater side setback(s) , and provision of light(s), additional reflectors, or reflectors larger than four(4)inches. I. Procedures for approval ofdocks, dock facilities,andboathouses. 1. The Administrative Code shall establish the procedures and submittal requirements for the issuance of permits for docks, dock facilities , and boathouses . Notice procedures are provided in LDC section 10.03.06. 2. All dock facilities are subject to, and shall comply with, all federal and state requirements and permits, including, but not limited, to the requirements and permits of the DEP, the U.S. Army Corps of Engineers, and the U.S. Environmental Protection Agency. 3. Nonresidential dock facilities shall be subject to all of the provisions of LOC section 5.03.06,with the exception that protrusions for nonresidential dock facilities beyond the specified limits shall be determined administratively by the County Manager or designee at the time of site development plan review, based on an evaluation of the criteria in LDC subsection 5.03.06 H. J. Protection of seagrass beds. Seagrass or seagrass beds within 200 feet of any proposed docks , dock facilities, or boathouses shall be protected through the following standards: 1. Where new docking facilities or boat dock extensions are proposed, the location and presence of seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph having a scale of 1 inch to 200 feet when available from the County, or a scale of 1 inch to 400 feet when such photographs are not available from the County.The location of seagrass beds shall be verified by the County Manager or designee prior to issuance of any project approval or permit. 2. All proposed dock facilities shall be located and aligned to stay at least 10 feet from any existing seagrass beds,except where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, and to minimize negative impacts to seagrasses and other native shoreline , emergent and submerged vegetation, and hard bottom communities. 3. Where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property,the applicant shall be allowed to build a dock across the seagrass beds, or a docking facility within 10 feet of seagrass beds. Such docking facilities shall comply with the following conditions: a. The dock shall be at a height of at least 2.2 feet NAVD. b. The terminal platform area of the dock shall not exceed 160 square feet. c. The access dock shall not exceed a width of 4 feet. d. The access dock and terminal platform shall be sited to impact the smallest area of seagrass beds possible. 4. The petitioner shall be required to demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom communities have been minimized prior to any project approval or permit issuance. (Ord. No. 06-63, § 3.CC; Ord. No. 13-56, § 3.N; Ord. No. 16-27, § 3.0) AFFIDAVIT OF AUTHORIZATION AFFIDAVIT OF AUTHORIZATION ;FOR PETITION NUMBERS(S)Pt.- go/7 Ox2 {� pg 1, ,J[]1� ovt 1c.vl I `a Vv© (print name),as °wvte( (title.if applicable)of i"1 ej 'T. ./I r,. 1.1-0 (company, if livable),swear or affirm under oath,that I am the(• ••.<- •ne)owner(]applicant[' contract purchaswAll and that 1. I have full authority to secure the approval(s)requested and to knpose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions end restrictions imposedby theved n. 5. Weil authorize Jc vJ/, /° >. 2hc.- to act as ourlmy representative in any matters regarding this petition including 1 through 2 above. ;Notes: • if the applicant is a corporation, then it is usually executed by the corp.pass. or v.pies. • If the applicant is a Limited Liability Company(LLC)or Limited Company(L.C.), then the documents should typically be signed by the Company's'Managing Member." • If the applicant is a partnership,then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the 'general partner'of the named partnership. • If the applicant is a trust; then they must include the trustee's name and the words as trustee". • In each instance, first determine the applicant's status, e.g., individual corporate, trust, partnership, and then — use the appropriate format for that ownership. Under penalties ., , -rjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts --.,,i , true. 411MOr 12-c —? i 1 , or Signature Date STATE OF FLORIDA COUNTY OF COWER The foregoing ins ant was sworn to(or affirmed)and subscribed before me on be (at 2.01-)(date)by Dcyvi cam• a (name of person providing oath or affirmation), as who is personally known to me or who has produced , 6o, Ct ttvt t., • (type of identification)as identification. / // /� STAMP/SEAL V� C Q L��.LJr-�`-� Sign re of otary Public 401�,g'% V'Niania Franco .4-:. ,•` •4(4.. comms ioN #FF913814 =*; i c ?p= EXPIR . MVO 21 2019 CP,e-COA-0o115\155 , ''� 0111"�N0`' W1NYr.AARONNUTARY.COW REV 3/24/14 PROPERTY OWNERSHIP Disclosure Form wAt62,0,.....m014PitY COWER COUNTY GOVERNMENT 2$00 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 wwwr a_B ITIR v n_ (239)252-2400 FAX:(239)252-6338 PROPINtTY OWNERSHIP DISCLOSURE FORM This N a required form with all land use petitions,mime for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application,but prior to the date of the final public hearing,It is the responsibility of the applicant,or agent on his behalf,to submit a supplemental disclosure of Interest form. Please complete the following,use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL tenancy by the entirety,tenancy In common, or Joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address %of Ormeraidp b. If the property is owned by a CO PORATIOU, list the officers and stockholders and the percentage of stock owned by each: Name and Address %of Ownership c. If the property b in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address %of Ownership Created 9/28/2017 Page i of 3 $.1 - County COLLIER COUNTY GOVERNRIENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT i NAPLES,ROIRD/t 34104 (239)2524400 FAX:( )25243549 d. If the property Is in the name of a GENERAL or UMITED PARTNERSHIP,list the name of the general and/or limited partners: Name and Address %of Ownership_ ruvorut ""7'ifttFL 34met %s e. If there is a gaamrignzffictiag,with an Trustee,or a Partnership,fist the names of the contract individual rcor Individuals,ancl Corporation,ing purchasers below,Including the officers,stockholders,benefidaries,or • rtners: Nate and Afton %of Ownersid Date of Contract f. If any contingency clause or contract terms involve additional parties,list all Individuals or oars,If a . .•.ration i , -`i.,or trust: Name and Address g. Date subject property acquired Q Term of lease years/months If,Petitioner has option to buy,indicate the following: Created 9/28/20/7 h6 .; Cody COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MIUNAGEMENTDEPAR'fMENT NAPLES,FLORIDA 34104 ILIMESIOnegat (239)2524400 FAX OW)2824358 Date of option: Date qlion or Mdpated dosing data: AFFIRM PROPERTY OWNERSHIP INFORMATION MY petition required to lune Property Ownership Disclosure, wan not be accepted without this Requirements for petition Trustee,are locoed od the&Modeled f ,chenge ownership wh ether �Ir tf such change occurs prior to the pion' NW Company or other interest-hone(party,must int d�dosed to Collier Comity As the authorized agent/applicant for this peon,i attest that all of the Inducted In thio submittal Padua*.S understand that failure to include a8 indicated ora this may a o is It In the delay of processing this petition, wry iri racioa moult The completed application,aii required submittal materials,and fees shall be submitted to: Growth Department ATM:Business Center •2800 North Horseshoe Drive Naples,FL 34104 01 Agent/Owner V:t r. . re Date +.sate Created 9/28/2017 Page 3 of 3 CKE CKLIST ADDRESSING Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239)252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting. please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE(indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) 0 SDP(Site Development Plan) ❑® BD(Boat Dock Extension) 0 SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) 0 SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat 0 SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) 0 SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) 0 TDR(Transfer of Development Rights) ❑ PPL(Plans& Plat Review) 0 VA(Variance) ❑ PSP(Preliminary Subdivision Plat) 0 VRP(Vegetation Removal Permit) ❑ PUD Rezone 0 VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) South Port on the Bay Unit One Lot87 6-4 8-2 5 FOLIO(Property ID) NUMBER(s)of above (attach to, or associate with, legal description if more than one) 74435007507 STREET ADDRESS or ADDRESSES(as applicable, if already assigned) 179 Topanga Drive • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) 179 TopangaDR PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR or PL# ----_------� Rev.6/9/2017 Page 1 of 2 Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE .� GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: © Email 0 Fax 0 Personally picked up Applicant Name: Jeff Rogers Phone: 239-643-0166 Email/Fax: Jeff@THANaples.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 74435007507 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: ,Q—.� in. Date: 11/29/17 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Rev.6/9/2017 Page 2 of 2 PROOF OF OWNERSHIP WARRANTY DEED I INSTR 4506493 OR 4633 PG 2766 RECORDED 12/16/2010 4:01 PM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $99,400.00 REC $18.50 CONS $14,200,000.00 Consideration:$14,200,000.00 Documentary Stamps:$99,400.00 Recording Fee:$18.50 Prepared by; Michael D.Gentzle,Esq. Bond,Schoeneck&King,PLLC 4001 Tamlami Trail North Suite 250 Naples,FL 34103 File Number: Fiore Parcel Identification No.02930360009 [Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM- ECrION 689.02,F.S.) This Indenture made this t'I day . Ripe.1: ' 1.- to Gasper V. Fiore and Joan M. Fiore, husband and wife, whose post offic 41 s is 4540 Gordo. t n i\�Naples, FL 34102 of the County of Collier, State of Florida, grantor*, • d :w y D. Berry, as Trustee , the,Paiko Trust dated June 4,2010** whose post office address is P.O. : •x 1:,:'7C! ,les, ". • i,• grant '*, Witnesseth that said grantor, fo an.IC•••e •l'o. +�'�l • •ND NO/100 DOLLARS ($10.00) and other good and valuable con ide : sa • .• : t• i' •'• ••y s.id grantee, the receipt whereof is hereby acknowledged, has grant ,;• •, , •• .1. t the sl =. and grantee's heirs and assigns forever,the following described 1:�'tuate,lying and bein�'• Co- er a0• ,Florida,to-wit: 1 Lots 23,24,25 and the No !' : feet of Lot 26,Blo "• " tiass Cove Section of Port Royal,as described in the P 1 t. •of recorded in Plat�: •• Page 101,Public Records of Collier County,Florida; and •• ..4 . 38 and • '';' 10 feet of Lot 39,Block "A"', Beach Estates No. 2, as describ• • •. t '1; o ' ecorded in PIat Book 1, Page 69, Public Records of Collier County,Flon' :• Subject to restrictions,reservations and easements common to the subdivision, if any,and taxes subsequent to 2010. **with full power and authority to protect, to conserve, to sell, to lease, to encumber, or otherwise to manage and dispose of the real property described herein and said grantor does hereby fully warrant the title to said land,and will defend the same against lawful claims of all persons whomsoever. *'Grantor"and"Grantee"are used for singular or plural,as context requires. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. Doubie rime• *** OR 4633 PG 2767 *** • Signed,sealed and delivered in our presence: 7:....3--`J (Seal) (Signature of Witness#1) asper V.Fiore Print Name: JLnn;Fe- a4 / .1 I I / Jr ` 1_, c-1-)7 ._____) (Seal) (Signature of Witness#2) ...t..• „.Fiore . Print Name: 1k Luc,. , V1vRO °U.Ai, 0 State of T " County of€414er The foregoing instrument was ac: • Ce ••'!!y f # ber,2010 by Gasper V.Fiore and Joan M. Fiore, who fa are pe ly known or [J hav' 'rodllced driver's licenses as identification. I [Notary Seal] ` /U �, E CIS s Svc 1�2r VI J i'• 10-1 c,o- (0 _`_`Panted Name: M Gtr- A i �C/Iv�h 1' ct.t) (�, N " RA,, My Commission Expires: c"o1a --VP o h 1 MY M,ss;ar. 2 4 Pi p'eS .f 4 6 Warranty Deed(StatutoryForm)-Page 2 DoubleTimee SUBMERGED RESOURCE SURVEY FABRIZI RESIDENCE 179 TOPANGA DRIVE NAPLES, FL 34134 SUBMERGED RESOURCE SURVEY JANUARY 2018 PREPARED BY: >--°°114 ‘1114.141 • TURRELL,HALL&ASSOCIATES,INC 3584 EXCHANGE AVENUE,STE B NAPLES,FL 34104 FABRIZI RESIDENCE SUBMERGED RESOURCE SURVEY JANUARY 12,2018 1.0 INTRODUCTION The Fabrizi residence and associated proposed docking facility is located at 179 Topanga Drive, identified by Parcel Number 74435007507. The property is located off Topanga Drive just south of Bonita Beach Road, bound to the west by a single-family residential lot, bound to the east by another single-family residential residence, and bound to the north by Little Hickory Bay. The property is located in Section 06, Township 48 South, and Range 25 East. The upland portion of the property is a single-family residence currently under construction. Turrell, Hall & Associates was contracted to provide environmental permitting services and one aspect is the associated Submerged Resource Survey (SRS). This survey will provide planning and review assistance to both owners and agency reviewers in regards to proposed project. The proposed project consists of constructing a single-family dock within a man-altered waterway off Little Hickory Bay. The SRS survey was conducted on January 11, 2018. Moderate south winds, mostly clear skies, and a high tide resulted in visible access to the entire project area. Surface water conditions on this day were calm which also helped to provide fair environmental conditions for the survey. The water temperature was 68°F. Low tide occurred at 4:21 A.M(-0.1') and high tide occurred at 11:39 P.M (1.5') on the date of the survey. 2.0 OBJECTIVE The objective of the Submerged Resource Survey was to identify and locate any existing submerged resources within the limits of the proposed dock project or within 200-feet of the project area. The survey provided onsite environmental information to help determine if the proposed project would impact any existing submerged resources and if so would assist in reconfiguring the proposed dock in order to minimize any impacts. If seagrasses are present within the project area it needs to be determined if the seagrass beds are small in size or if they are part of a large seagrass bed. The general scope of work performed at the site is summarized below. • Turrell, Hall & Associates personnel conducted a site visit and I snorkeled these transects within the proposed project basin and verified the location of any submerged resources. • Turrell, Hall & Associates personnel identified submerged resources at the site, estimated the % of coverage, and delineated the approximate limits of any submerged resources observed. • Turrell, Hall & Associates personnel delineated limits via a handheld GPS (Garmin Model 76csx). Page 1 of 5 FABRIZI RESIDENCE SUBMERGED RESOURCE SURVEY JANUARY 12,2018 3.0 METHODOLOGY Turrell, Hall & Associates biologists intentionally designed the methodology of the SRS to cover the entire property shoreline for the proposed dock installation. The components for this survey included: • Review of aerial photography of survey area ® Establish survey transects lines overlaid onto aerials • Physically swim transects, GPS locate limits of submerged resources, and determine approximate percent of coverage • Document and photograph all findings The surveyed area was evaluated systematically by following the established transects spaced approximately 10-feet apart within the proposed dock footprint as shown on the attached exhibit. The survey was expanded out 200-feet from the proposed docking facility in order to verify no other resources were within the surrounding waterway. The neighboring properties have existing docks which helped to provide easily identifiable reference markers, such as dock piles which assisted in locating transects and keeping them consistent throughout most of the survey area. One biologist walked/swam these transects using snorkel equipment where needed within the surveyed area. The other individual assisted with compiling notes and documenting findings on aerials. Located submerged resources were photographed, the approximate percent of coverage was quantified, and the location was delineated on an aerial photo as well as confirmed via handheld GPS (Garmin Model 72H). The biologists used a half meter square quadrant further broken into sections by cordage to make coverage estimates easier. 4.0 RESULTS The substrate found within the surveyed area included two distinct classifications; silt sand with shell debris and just silt/ muck material scattered throughout. These two substrates were found scattered throughout the entire surveyed area. There was also scattered oyster debris along the property shoreline within the mangrove roots. The shoreline consisted of red mangroves and scattered rip-rap both of which provide habitat for numerous fish, crabs, barnacles, and oysters growing on and around the mangrove roots. The majority of the survey area exhibited a silt/muck bottom that was devoid of any aquatic vegetation growth or any types of submerged resources. The lack of any submerged resources is most likely due to the overall water quality within Little Hickory Bay as well as the water clarity not allowing much sunlight penetration. This was most evident in the deeper water depths. Page 2 of 5 FABRIZI RESIDENCE SUBMERGED RESOURCE SURVEY JANUARY 12,2018 Various filamentous algae and macro algae were observed and documented growing along the bottom sediments throughout the survey area. Also observed were numerous fish species during the survey and a list of these species has been prepared and is provided below as Table 1. Table I —Observed Fish Species Common Name Scientific Name mangrove snapper Lutjanus griseus sheepshead Archosargus probatocephalus striped mullet Mugil cephalus snook Centrompus undecimalis jack crevalle Caranx hippos 5.0 CONCLUSIONS The submerged resource survey was completed for the entire subject property shoreline and expanded out 200-feet from the project area which yielded few findings. Barnacles were observed growing on the mangrove roots and existing dock piles on the adjacent properties. The subject property shoreline consists of mangroves which provide natural cover. This mangrove area was where all the observed fish species were located including: Gray Snapper(Lutjanus griseus), Sheepshead (Archosargus probatocephalus), Stripped Mullet (Mugil cephalus), and a few Common Snooks (Centropomus undecimalis). Negative impacts to submerged resources are not expected with the proposed docking facility installation. 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" CERTIFlED TO:Dowe:,r A nd.vY: '^- In>D=wn lit..nelpe uurm ueam bayou, s10-032 calruun i,10J11 1 SWIM u0 a,/»in "` professional S 5I ting 6!4µtg ="- Rano a MOMSS a unu nnxmwu as11Y ,1 . un®a®",m 6o"rte 1,4 4 zr•">a woe Ti u.�..rn.:>t2 ..®.r 5415Berr Road Six A Roles, 34109 —an',m',mar wm«e mu AMMAIAmAPINY mnsn`o` PM=934)3324616 Wein.Mw.sl..ersmn F,. emacu.>:asr awpr rRaw,uc A na�u umm town onw.wr 1 OF 1 RECORDED EASEMENT INFORMATION 0 1 434683 690 NOV 29 PH R 59 DC@3J ER LOWiifERVATION EASEr4 RDED STATE OF FLORIDA ) SS. REc i'1da COUNTY OF COLLIER ) DOC-.1SS KNOW ALL MEN BY THESE PRESENTS that for and in consideration INT.,_--of issuance of State of Florida Department of Environmental IND Regulation Permits Numbered 111501035 and 111703805 in the name of.= — SOUTHPORT VENTURE ASSOCIATES, a general partnership and other good= '-= and valuable considerations, the receipt of which is hereby ` acknowledged, SOUTHPORT VENTURE ASSOCIATES, a general partnership,52 v ("Grantor") has bargained, sold, conveyed and granted to the STATE < or FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION ("Grantee"), 7451 Golf Course Boulevard, Punta Gorda, Florida 33950-9359, a non- exclusive conservation easement in accordance with Section 704.06, Florida Statues (1985), in and over the real property located in Collier County, Florida and described on the attached Exhibit "A". 1. This Easement conveys to Grantee a perpetual non-exclusive interest in the property, consisting of the following affirmative and negative covenants on the part of the Grantor and Grantor's successors and assigns: a. No construction or placing of buildings, roads, signsn o billboards or other adverti- es or other structures oX2 CO any kind whatsoever on o 1•.. - , e -. the property shall b (--° undertaken without pw o e .tee. w b. No d .•' • acing of .r • her substance whatsoever or • .11Y• •r placing of trash, • - a �r unsightly or offensive mat. i- •. the property. �` c. No rem.•a uction of native tr es, .hrubs, or other veget tion .n .roper - d. N. exc vation, dre• i • o removal of loam, .eat, gravel, soil, roc or •• - r-- • t•.,-.III n- as t affect the surfa.e on • e •r..i- • y e. .o su ac use -xc-• fo • ti ,-rmi the land or water are. rt, Ana n p•-•om - -tl Ls natu.. and ion on the property. j . • f. -(a•tivities detrimental to '—.rains• f• control, water man:. water conservation, ,ater qua d erosion control, so •' .ervetion or fish or w .,0Y .e =bi,= -servation on the prope �v,! `) a r q. No a or sea detrimental to such -`Ali, of land or water area on t - Op:. tv A 7 h. Grantor a' s n •:11 maintain the described real props . fem e . on. AN of 2 Provided, however-. `t�is.•£d_ement shall not preclude o the following specific activities from being undertaken on the u.u. subject property as authorized pursuant to the above referenced a Permits Numbered 111501035 and 111703805- a m a. The placement, construction and maintenance of ramps and .H walkways for access and single family boat docks for property • -oowners and associations of such property owners within the ,yoin Southport on the Bay subdivision, provided such access ramps or El Hwmri walkways do not exceed 4' in width. OC-0.-1 mum. b. Maintenance of mangroves located adjacent to residential >• - lots within Southport on the Bay Subdivision provided such anxvi az MN mangroves may not be trimmed to a height of less than ten (10) >4 0.1 M>. feet. axE m.n6+ c. Grantor retains and reserves the use of the property for 'CVM any and all purposes which do not interfere with and prevent the M.M.it axes herein granted to the Grantee. • n0I515 1100991i OR BOOK PAGE 3- In the event of violation of any covenant contained in this Conservation Easement, Grantee shall be entitled to pursue all available legal and equitable remedies, including injunction. 4. Grantee may, in its sole discretion, transfer its rights under this Easement to such other state or local agency or to a private or public organization provided same is dedicated to the conservation and preservation of land in its natural state. It is understood that the granting of this Conservation Easement entitles the Grantee or its authorized representatives to enter the above described land in a reasonable manner and at reasonable times to assure compliance. The Grantor on behalf of itself and its successors or assigns hereby agrees to bear all costs and liability relating to the operation and maintenance of the land subject to this Conservation Basement in the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement, including the maintenance of enhanced or created wetlands in the vegetative and hydrologic condit •, _e•uired by the aforementioned permit, and Grantor doe- -r- • i m • and hold harmless the Grantee from same. - C-,f, t' n �a - hereby granted and the obligation " -t. . •. AnC i •e land forever predominantly in - •- .e -nd ht. . .• •ition as herein specified shal .illi) the land and sha • •ing upon the Grantor and s' •-ssors and assigns, and a 'pure to the benefit of th- G '- .e and its successors and a gns. The te• s a ; ..nditions is Co --rvation -ase—nt may be enforced b; the :ran•,-• • injunctive • i. and of -r a.propriate available reme.ies, and • an : consents that v=nue or such enforceme a- i.•- ,.11 . exc s'v- n the ci uit ourt of the Seco.d J • c - c .:yr da. In any enforceme t ac on in .ch • G a t a'ls . a ee : all be entitled to i-co er r-ae. e :. :0 f •s - d •sts in the trial an• appF la e c• is a.'• t'.n o t*. c•--t •f .-storing the land . e ; 4 l -g- a-i �• and Fid.•lo•i ••ndition existing .t : ' -•-- • e - 1 '•n .• k•- Con.-=- - .:0, a :went or to the =ile . ive and hydrologic c•,;dition requ by the aforementi rmits- These remedie re i ad i to any other reme•. :P'•e or penalty which may . 4 .ppl' ab l-r Chapter 403, Florid= t tea. .; Q 5 T Any for--4 - - on behalf of the Gra 1(o ) = ercise its rights in the - e the failure of Grantor c • y with the provisions of h s -rvation Easement • o •e deemed or construed to be : he Grant-:• 'c}{1 •'-reunder in the event of any subseq•-. t f l v' • comply. IN WITNESS WHEREOF, . ex s execute this Grant of Conservation Easement on the da _ rs above written. Grantor= SOUTHPORT VENTURE ASSOCIATES, a New Jersey general partnership By= Orion Marketing, Inc., •L fl_ a general •artner Is Witness , ' i is Al _ 40, . BY: ol IC r. • Witness / Kennet . Gluckman, its Presi•`nt Received$ . ._ ______O c;-• .. a:;Sts^GThx .!JT CCL' to C,7.. .. BY. — 4111 i� • nni575 000995 OR BOOK PAGE STATE OF FLORIDA SS. COUNTY OF COLLIER The foregoing instrument was acknowledged before me by Kenneth J. Gluckman, as President of Orion Marketing, Inc., a general partner of Southport Venture Associates this Q? day -of 44/0444mA L 1990. isslweagx • S :-. . My Co IGrmix��ii es: • fAfE4��:. EVE,ED mre ecVEaei v iI1L4 ./ 12 t $ );, Notary Public Accepted: Ay:` y •�� „j � Date 11 B q c) , 1990 By: 1990 STATE OF FLOR IAN} ) COUNTY OF C' LIE' ) The oreg•ing instr .-nt s ackno ledged .efor,. me by Philip R. Edva ds xxxxxxx xxxxxxxx- x t;is 28th day of N.. My Commis ion pi ''►.TSL-r ♦NF1.-: C.?A J c'R ! This Instrument Prepared George L. Consoer, Jr., Esq. HUMPHREY & KNOTT, P.A. 1625 Hendry Street Fort Myers, Florida 33901 5l .R • • B]U11117 "A" • Legal bescription of Conservation Basement All of that in property designated as Conservation Basement Area (C.R.) upon the plat of Southport on the Bay, Unit One, as recorded at flat gook IS, Pages 51 - S3, and the Plat of Southport on the Day, Unit Two, as recorded at Plat Book 16, Pages 100 - 101, both recorded in the Public Records of collier County, Florida. 0 O p elD in C7 PS Cr' 1 \,..)-veR COcp1S") Q O n " cfl rn m rn ` .ice , •-• et 14(::%1C cl . • Fill1111111111111.111.1111111.111.111111.1"...-:- "rtt-; • ifteJ yf ____ _______ 4 ;1A-4- -ft-66004 ,i4.6c) , , ,*" v 4 -ft.UiTO c . Atc get NW Lnt t74C•4.C. 1-0 EASEMENT, Sade his day of -_'- '�E , 1991, t;ih fey end between SOUTH- R7 .., ....m ASSOCIATES, a New Jersey General Partnership and SOUTHPORT ON THE SAY PROPERTY OWNERS ASSOCIATION, INC., heroin jointly referred to as Grantors, and SOUTHPORT ON THE SAY PROPERTY OWNERS ASSOCIATION, INC., herein referred to as Grantee, whose address is 419 Fifth Avenue South, Suite 301, p Naples, Florida 33940. ;Ts Grantors, for and in consideration of the payment of Ten o r » ($10.00) Dollars and other good and valuable consideration do R w hereby grant, sell, and convey to Grantee, and Grantee's �` successors and assigns, a perpetual easement over, upon, and across the following described property: Legal Description of Easement Property described on the attached Exhibit "A". cc CD n The easement, rights, and privileges granted herein are cc specifically subject to the followings c -- 1. The easement, . . . ..•,r• leges granted herein are cm non-exclusive, and Gr.O•' - retain serve all rights to convey other rights/ - . easements to qh other persons as Grantors may deem /pr r --provided, h iter, that no such subsequent conveyange shalt __Apo tibl 14th the purposes of this easement. 2. The easeiiene-,� Ad i i ` s granted herein shall be solely s i the benefit •f th roperty owners of Southport on the B y Unit 1 and U .._ 2 a�, -% or the purpose of providing pedestria�.N.��r,cess to the 'Wand walkway located within the Conservaticfnr cement areas, in Southport on the Bay, Unit 1 and Unit 2 > ion. ''-------..._____-1'13-E c:�R�> 3. Grantee shall have the right to use so much of the above described property as may be reasonably necessary to construct and install within the right-of-way granted hereby the facilities and structures contemplated by this Grant. Grantee, at its sole cost, shall maintain the improvements located upon the easement and those improvements to be constructed consistent s' with this Easement. ccn 4. Grantee acknowledges that a portion of the present property serves as a drainage easement as depicted upon the plat a = of Southport on the Bay, Unit I and as such no use of the .cc N o property by Grantee or Grantee's successors or assigns shall be CI._o m 1m. incompatible with the purposes of such easement. I-W V V). bCC U-• 5. This Easement shall be bindin upon the successors and eo iRa}c m. assigns of all parties herein and shall be enforceable by all zew. >msaid parties. LI1 x T.. deceived .�oQ Documentary Stamp Tax imN¢. deceived $ Class"C" Irtarg.l;Ie _ ra_ i0(00 nl _ Personal Property Tax COLLIER COON Y CLERK Of COURTS D.0 aY 1 t 3-,ek,:.;t. 3; aw 1°fi v2 e{*; ;ss,y " ..x y "[it ''g ..-..!...,-.1sa C,.. !•i'3`I �. ... _ _ .4.81 3 r.;.?-7�S? .iJ'?.,,,, avj`_. ...,. _s..F.^.,"; s.::": w.-- -- e r 4 rt A,s°tT`t �. s 1-_,-,5t, r � Kh A _ . nom- ~ •} - COM PACE 4, and seal the �O , Grantor r first ehas hereunto sot Grantor's hand Signed, Sealed, and Delivered in Our Presences Grantors SOUTHPORT VENTURE ASSOCIATES, a New Jersey General Partnership, By: Orion Marketing, Inc., a General Partner st tness n),9 c! F, m £ _1 -44 ,0 Printed Name itness I WOLOIJICZ By: f.,,: .I,clt Printed Name /_ Kennet i J. G uckman, Its / 0 -RSC \fid t 1-`� l S. . 0R 0 THE BAY PROPERTY lam_' _A1 /:rpt ._. � - • -, ATION, INC. ist Witness 1 a 1 *.....4 - — Ili 7 14 U -1:-1 IL- P-•" •rinted Name r= I l 01 2nd nese '/ !kW/ - �It= fell President Printed Name STATE OF FLORIDA ) SS rt C p E l • COLLIER ) sh` l. , , ce'; -- 44 °� 5 _ �fo'� iug ii�stx�uasent�' was a+rlato3oled "ed before see Kenneth 3. Gluckman, as President of Orion Marketing, Inc., a Genera Partnez of Southport Venture Associates this ,94r day of �1� a , 1991. Notary PubliciO i�„ eY CgITAT OF FL pp R ones: NY COMMISSION EXP. AUG.10,1993 BONDED THRU GENERAL INS..010. Printed Name ,.,.•........ 3 I ? d - r •s 2 .. ,a c' `", 'y,4'° &X- 4' i "fie s.. ers§� i *i:g:J€ •'-igzf,' `-.�+ ,, :+a%} L �'`fti,g i.►- .,A,, _ 'i - ca�;�i�.� '`�ri'�I� ?,s` ,�', .��� 4�.�-��� oat �.ti.,,L.° �, <�+�a, P aY�1�f� �• • '=ra �� y� r4,:k5:, -Tt"' a.,f' ° 4 'Meet,. ,+ Y4.;, ... # .K- r... i� yy �•'� •at '�$4'Y" .h.;p}�y L,Sue•���Y ''�1 t 1 trip. ""+ice i.. ) SS • i f t `Or teR j • t , : t . acknowledged before se by . _ eh' fag as President of •�' ." 1 ' .s• OWNERS ASSOCIATION, ise., this day •f , 1991. • ��Ly.k/l� _n1'rr/ it ? .41:.11:41.� •o" - Notary v a . © , f, My LLssion expires: !�`� Fti$1it s?p:t �r4 Pr n • Nass This Instrument Prepared By: George L. Consoer, Jr., Es. . .', Humphrey & Knott, P.A. t-ottiv1625 HendryStreet, Su .c*.,1:i _ T� Fort Myers, Florida 3 (813) 334-2722 •- ---'t _. n C r ,. r..a, ,aY L�- �z 1-4;,....';, :y f K -r. - ..- h-2 :>' •-'i ': r,-cam-+�+;f!a. t. � ,v`. .-,---,,.�� 4.--,,...,•!•-4,..,r,14-,,,,..1,< - ;., • .4 :ti:£ +4 t }E' 3 '- .� rPo -'k. . � ii 0 1632 o00Igu MAt EING 011 BOOK 4cONSULTftNT$ t++CY+..,•kminlfas•Srr+r n•stayer•"podia* !WOMB 6 EGRESS EASIMEXT DESCRIPTION That 12 foot wide drainage easement lying 6 feet on each side of the line common to Lots 58 and 59 of "Southport On The Bay, Unit One", a subdivision recorded in Plat Book 15, Pages 51 through 53 of the Public Records of Collier County, Florida and that part of the Lake 3 drainage easement of said subdivision more particularly described as follows: Beginning at the northerly most corner of said Lot 59 run 6.00 feet along the arc of a curve concave to the southeast on the boundary of said Lot 59 having a radius of 850.00 feet, a central angle of 00°24'16" and a chord of 6.00 feet, bearing 529°22'14"W; thence N60°25'38"W 99.10 feet to the northwesterly line of said drainage easement; thence N44°14' said line 16.09 feet to the Mean High Water Line of t •0?• ay; thence along said line S77°16'30"E 11.42 fe ' ence : 3"E 41.79 feet; thence S67°20'36"E 30.51 f thence SB I"E 14.98 feet to the westerly boundary in - .id Lot 5: , ence along said line 32.42 feet along t'e .r --- t ' onca e o the southeast having a radius of 850.0• f = a - .n-le of 02°11'08" and a chord of 32.42 feet, be-r• 0'• Pont of Beginning. The above descri-- -e • ..•' . - fly •‘i,a 10.1 2611 square feet of land based on the J • ation of an •• =T' = Mean High Water Line in September 1988. 4_ COASTAL ENGINEERING •R-111 - S, It • 1S- "E CIRC " 2• 57. JaAes•-S t'Richmond, P.L.S. .n on.c.S U co tls of Florida Certificate No. 4718 COLLIER COUNTY,FLORIDA CdN.C. File NO.‘SUR�DESC‘88076-IE.DESIAMES C.GS�ES.CLERK ti-,,- -- -I •SON 9.11,,. A Exhibit "A" r F'' 3106 S,HORSESHORE DR. •NAPLES.FLORIDA 33942 •(813)643-2324 • FAX(813)643-1143 1 Yg `a1 1 a+r -me,- mss'a .7gip• 'sem', t l-° st r MAl "tr- SS7',v ta:Av'� ,4a..; J -.f#tx' 9,vc a 6'' '..-ys,i.,40if"" 4`6.i� 'fig-, - -.ter,' *. 1' aawe ,S ir`' is fs yL*`p j - •,.tai F'1„3 4 'ws@ ry -'a,p�Xc Y4 fi ,.0, r - t r _ta LV�f t � Jr_ `c i"' S 7 t -s µt.,h,.,, 4T,t,,,t S i?'�'L1 '�cir 'ti'F'3d}mss y4t y444-0S a. ' 'yk t' iV o t "`L •SF+T. f �`,7 . 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'amsf' 2- -r{.c�i5,•if[?s Ya�'�S"`vi�y�""�- .� 1p- y{ �9.1.*,.•-A `,- "r 48 t- a, f } \-* '1x k h ut{k,..14'h4 11.,�.-we.f tc-.t l c1 .,.-` Fy � r `r•t i `e ".5 N 1=40- t i ra...�.,Ys. _.,./...,`,i< .w. fi . zn ei, + f , o 11 -c, ., .t- M '..r w qF s� a »o- �. � !1.,„ , S0' k ar '.:'t.: r+" .s- +..._ °3ti<.�hi.�.�.''{y,.g`^.r.�"r`J�it�"�"fi3i�. °' k' t -usv`�u�'- 'Ga:fi'aa�.� .�...e.�c-w PROOF OF NOTIFICATION TO THE CONSERVANCY f n • V W a .3- :";-).' O vn U N' 0 w w' tia s ' q) ial 1..4 V:? d A cA -. W 441131-1 4 Z r? S6 __,. -.- ,r . )i , ., ,,.t, .... a .tti VA r� w p co r ').. vi Q L— ro -11 cts g d v \1 o :w, W G Ce, � dy v • r ,. r= TURRELL, HALL & ASSOCIATES, INC. MARINE & ENVIRONMENTAL CONSULTING 3584 Exchange Avenue•Naples,Florida 34104-3732 e 239-643-0166 •Fax(239)643-6632 e Tuna@THAnaples.com June 6, 2018 Conservancy of Southwest Florida 1495 Smith Preserve Way Naples, FL 34102 RE: Collier County Boat Dock Extension-PL20170004086 179 Topanga Drive To Whom It May Concern, Based on the Settlement Agreement between Collier County and the Conservancy of Southwest Florida, we are required to notify you of the proposed docking facility located at 179 Topanga Drive, Folio # 74435007507. The proposed project is currently in for a Collier County Boat Dock Extension due to -- the proposed dock being waterward of the allowed 20-foot protrusion measurement. The project consist of constructing a new docking facility through the existing mangrove shoreline that is also a conservation easement (CE). The proposed dock includes a 4-foot wide access walkway through the mangroves, which is allowed per the CE language and then expands out to 6-foot wide approximately 18-feet waterward of the mean high water line (MHWL). The total dock protrusion is 40-feet from the MHWL and will be approximately 207 square feet of overwater structure. Please see attached exhibits. According to the Agreement if written objections have not been received within 15 days of this submittal approval is presumed. Reyards, _f -2ff 6-- Jeff Rogers Project Manager Turrell, Hall & Associates, Inc. ImeminA w ID I '—'•N ...,. , . 101 I7) Or ....(tor<4?* ' IC -h.,S,,,,',.,•V's..1-='; 14•-,.•3•',. -, 4, '''' 4:"AL-'.t'IL:t'1--1-4'4 41' r— '7'71, 31.!'' A-.4' I‘.4",'•,,•-•'-'.'11.&.1.-.1`.:-',- .'---j '-'1 t''•.,..1-f.''''t• 'ehe,:..•^.;,47'.-:•.•", 1' j 0 . - ' --'''-''' '' -tNa'a`t .::'•-''•--4:1' ''' u 2. 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