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HEX Backup 11/08/2018
COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS NOVEMBER 8, 2018 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,NOVEMBER 8,2018 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING®ULATION BUILDING,2800 N. HORSESHOE DRIVE,NAPLES,FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WANED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. ADVERTISED PUBLIC HEARINGS: A. PETITION NO.VA-PL20180001716—Southpointe at Windstar Marina Association,Inc. and Windstar on Naples Bay Master Association,Inc.request a variance from Section 5.03.02 of the Land Development Code, which limits fences and walls within a residential component of a PUD to a maximum height of 6 feet,to instead allow a maximum height of 8 feet, for a proposed 8 foot wall that will replace an existing 6 foot fence located on the south side of Gulfstar Drive South,on the west side of Hamilton Avenue, in Section 23, Township 50 South, Range 25 East, Collier County,Florida. [Coordinator: Timothy Finn,AICP,Principal Planner] NOTE: This matter will not be heard at the November 8, 2018 HEX Meeting and will be re- advertised at a later date to be heard by the Collier County Planning Commission. B. PETITION NO. BDE-PL20180001018— Mitchel and Karyn Cooper request a 235-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 255 feet,to accommodate a new docking facility with one boat slip for the benefit of property located at 37 Pelican Street W., on the north side of Pelican Street W., approximately 1000 feet west of Capri Blvd., in Section 31, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: Gilbert Martinez,Principal Planner] NOTE: This matter will not be heard at the November 8, 2018 HEX Meeting and will be re- advertised at a later date to be heard by the Collier County Planning Commission. C. PETITION NO. VA-PL20180001748— Mitchel and Karyn Cooper request a variance from Section 5.03.06 E. of the Land Development Code to reduce the minimum side yard setback for a boat dock facility from 7.5 feet to 1.3 feet on the north side of the proposed boat dock, and from 7.5 feet to 2.1 feet on the south side of the proposed boat dock, for property located at 37 Pelican Street,on the north side of Pelican Street, approximately 1000 feet west of Capri Blvd., in Section 31, Township 51 South, Range 26 East, Collier County, Florida, consisting of 0.18± acres. [Coordinator: Gilbert Martinez,Principal Planner] D. PETITION NO. BDE-PL20160001029— Steven Bergeson and Cynthia Mueller request a 27- foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 47 feet, to accommodate a new docking facility with one boat slip for the benefit of Lot 5, Block 7 of the Gulf Shores subdivision, also described as 3254 Lakeview Drive, located on the west side of Lakeview Drive, approximately 1,000 feet west of Bayshore Drive, in Section 14, Township 50 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] 4. OTHER BUSINESS 5. PUBLIC COMMENTS 6. ADJOURN VA-PL291 17001716 11/8/18 5 vi�oine Windstar Marina Teresa L. Cannon p From: VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Sent: Wednesday, October 10, 2018 11:41 AM To: Minutes and Records Cc: Ann P.Jennejohn; bellows_r; BosiMichael; kendall_m; PageErin; NeetVirginia; RodriguezWanda; SmithCamden; FinnTimothy Subject: HEX Advertisement Request -PL20180001716 Gulfstar VA Attachments: Ad Request.docx; Signed Ad Request.pdf; 2 x 3 Ad Map.pdf Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, 9e4QICCt (/e&i4e 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 http://bit.Iv/CollierZoning. Corer 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 October 10. 2018 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on October 19, 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 72x), Authoriz Designee signature for HEX Advertising PL20180001716 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.,November 8th,2018, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: PETITION NO. VA-PL20180001716— SOUTHPOINTE AT WINDSTAR MARINA ASSOCIATION, INC.AND WINDSTAR ON NAPLES BAY MASTER ASSOCIATION, INC.REQUEST A VARIANCE FROM SECTION 5.03.02 OF THE LAND DEVELOPMENT CODE, WHICH LIMITS FENCES AND WALLS WITHIN A RESIDENTIAL COMPONENT OF A PUD TO A MAXIMUM HEIGHT OF 6 FEET, TO INSTEAD ALLOW A MAXIMUM HEIGHT OF 8 FEET,FOR A PROPOSED 8 FOOT WALL THAT WILL REPLACE AN EXISTING 6 FOOT FENCE LOCATED ON THE SOUTH SIDE OF GULFSTAR DRIVE SOUTH, ON THE WEST SIDE OF HAMILTON AVENUE, IN SECTION 23, TOWNSHIP 50 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. Any person who decides to appeal any 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 to evidence upon which the appeal is 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 3AV MiweH 210 oweH a4oeA .' co in 0 2310 JogjeH 34oeA �I 0 c m 0 W F N j 7 I d (7 Teresa L. Cannon From: Minutes and Records To: VelascoJessica Subject: RE: HEX Advertisement Request -PL20180001716 Gulfstar VA Thanks, I will forward the proof as soon as I receive it. From:VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Sent:Wednesday, October 10, 2018 11:41 AM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; bellows_r<Ray.Bellows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; kendall_m<Marcia.Kendall@colliercountyfl.gov>; PageErin <Erin.Page@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; FinnTimothy <Timothy.Finn@colliercountyfl.gov> Subject: HEX Advertisement Request-PL20180001716 Gulfstar VA Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, 9e4&C41 Waded 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 http://bit.ly/CollierZoning. Coltler 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 Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Wednesday, October 10, 2018 12:03 PM To: VelascoJessica Cc: Ann P.Jennejohn; SmithCamden; FinnTimothy; Minutes and Records Subject: RE: HEX Advertisement Request -PL20180001716 Gulfstar VA Jessica, Please provide another map for this ad request, that is zoomed out enough to see a major road, or otherwise identify the location. Thanks, "Wanda Rodriguez, ACT, CP.9v1 Office of the County Attorney (239)252-8400 From:VelascoJessica Sent:Wednesday, October 10, 2018 11:41 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>; SmithCamden <Camden.Smith@colliercountyfl.gov>; FinnTimothy <Timothy.Finn@colliercountyfl.gov> Subject: HEX Advertisement Request-PL20180001716 Gulfstar VA Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, 9e4&Ca Veki4ea 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 http://bit.ly/CollierZoning. Co ler Count y Exceeding Expectations 1 Teresa L. Cannon From: VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Sent: Thursday, October 11, 2018 9:13 AM To: Minutes and Records Cc: Teresa L. Cannon; RodriguezWanda; SmithCamden; CasanovaAlexandra; kelly_j; FinnTimothy; MartinezGilbert Subject: Revised 2x3 Ad Maps - Zoning Advertisements Attachments: 2 x 3 Ad Map PL20160001029.pdf; 2 x 3 Ad Map PL20180001716.pdf; 2 x 3 Map PL20180001748.pdf; 2 x 3 Map PL20180001018.pdf Follow Up Flag: Follow up Flag Status: Completed Good Morning, Attached you will find the revised 2x3 ad maps for the 4 ad requests that were submitted yesterday. Respectfully, P4&c4 (/ 14461. 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.ciov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/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. 1 0 Y W 2' N r m X se I ° m F as DJoysAe8. aa eloysAeg 0 d' O /Jo A ,__, Z ✓ 0 W F ▪ Q C V d Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Thursday, October 11, 2018 9:46 AM To: Minutes and Records Cc: VelascoJessica; SmithCamden; FinnTimothy Subject: re: HEX Advertisement Request -PL20180001716 Gulfstar VA Attachments: Ad Request.docx; Signed Ad Request.pdf; 2 x 3 Ad Map PL20180001716.pdf This ad request with attached revised map is good. Wanda Rodriguez, ACP, CPM Office of the County Attorney (239)252-8400 From:VelascoJessica Sent:Wednesday, October 10, 2018 11:41 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>; SmithCamden <Camden.Smith@colliercountyfl.gov>; FinnTimothy <Timothy.Finn@colliercountyfl.gov> Subject: HEX Advertisement Request-PL20180001716 Gulfstar VA Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, f Pe4Gea (/ee44 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 http://bit.ly/CollierZoning. Co ter 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. Acct #076397 October 11, 2018 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: VA-PL20180001716 — Southpointe at Windstar Marina (Display Ad w/Map) Dear Legals: Please advertise the above referenced Display Ad w/Map on Friday, October 19, 2018 and send the Affidavit of Publication, in triplicate, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500186697 October 10, 2018 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on October 19, 2018 and furnish proof of publication to the attention of Minutes & Records Department, 3299 Tamiami Trail East, Suite #401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where 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 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., November 8th, 2018, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: PETITION NO. VA-PL20180001716 — SOUTIIPOINTE AT WINDSTAR MARINA ASSOCIATION, INC. AND WINDSTAR ON NAPLES BAY MASTER ASSOCIATION, INC. REQUEST A VARIANCE FROM SECTION 5.03.02 OF THE LAND DEVELOPMENT CODE, WHICH LIMITS FENCES AND WALLS WITHIN A RESIDENTIAL COMPONENT OF A PUD TO A MAXIMUM HEIGHT OF 6 FEET, TO INSTEAD ALLOW A MAXIMUM HEIGHT OF 8 FEET, FOR A PROPOSED 8 FOOT WALL THAT WILL REPLACE AN EXISTING 6 FOOT FENCE LOCATED ON THE SOUTH SIDE OF GULFSTAR DRIVE SOUTH, ON THE WEST SIDE OF HAMILTON AVENUE, IN SECTION 23, TOWNSHIP 50 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. Any person who decides to appeal any 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 to evidence upon which the appeal is 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 r 9 CI O .. m Z n :I 0 A co Bayshore DR Bayshore DR V 3 R � ^'aY r. o N Sm O Teresa L. Cannon From: Teresa L. Cannon Sent: Thursday, October 11, 2018 11:24 AM To: Naples Daily News Legals Subject: VA-PL20180001716 - Gulfstar Attachments: VA-PL20180001716 (HEX 11-8-18).doc;VA-PL20180001716 (HEX 11-8-18).doc;VA- PL2018001716 (HEX 11-8-18).pdf Legals, Please advertise the attached Display Ad w/Map on Friday,October 19,2018. Also, please confirm receipt of this request.Thanks Teresa Cannon, BMR Senior Clerk II Minutes & Records bepartment 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 Teresa L. Cannon From: NDN-Legals <legals@naplesnews.com> Sent: Thursday, October 11, 2018 2:31 PM To: Teresa L. Cannon Subject: Display ad# 2139438; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 RE:VA- PL20180001716 - Gulfstar Attachments: N D-2139438.pdf Hi Teresa, Display ad#2139438; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 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:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent:Thursday, October 11, 2018 11:24 AM To: NDN-Legals<legals@naplesnews.com> Subject:VA-PL20180001716-Gulfstar LegaIs, Please advertise the attached Display Ad w/Map on Friday, October 19,2018. Also, please confirm receipt of this request.Thanks Teresa Cannon, BMR Senior Clerk II Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Please visit us on the web at http://protect-us.mimecast.com/s/JIOQCM8KLQHw100iFwdNC ?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk(a>collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 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.,November 8th,2018,in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: PETITION NO. VA-PL20180001716 — SOUTHPOINTE AT WINDSTAR MARINA ASSOCIATION, INC. AND WINDSTAR ON NAPLES BAY MASTER ASSOCIATION, INC.REQUEST A VARIANCE FROM SECTION 5.03.02 OF THE LAND DEVELOPMENT CODE,WHICH LIMITS FENCES AND WALLS WITHIN A RESIDENTIAL COMPONENT OF A PUD TO A MAXIMUM HEIGHT OF 6 FEET,TO INSTEAD ALLOW A MAXIMUM HEIGHT OF 8 FEET, FOR A PROPOSED 8 FOOT WALL THAT WILL REPLACE AN EXISTING 6 FOOT FENCE LOCATED ON THE SOUTH SIDE OF GULFSTAR DRIVE SOUTH,ON THE WEST SIDE OF HAMILTON AVENUE,IN SECTION 23,TOWNSHIP 50 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA. 0 rga PROJECT ° 3 LOCATION o �y 1. - Rattlesnake • m Thomasson'DR!� Hammock RD Gulfstar DRS ss, wype `r VV � t r r All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division,Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered.Any person who decides to appeal any 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 to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida October 19,2018 ND-2139438 ❑ PROOF O.K.BY: ❑ O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT: 10/11/2018 1:00 PM SALES PERSON: Ivonne Gori PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE: 10/19/18 ND-2139438.INDD SIZE:3 col X 9.25 in Teresa L. Cannon To: RodriguezWanda;VelascoJessica; SmithCamden; FinnTimothy Subject: FW: Display ad#2139438; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 RE:VA- PL20180001716 - Gulfstar Attachments: N D-2139438.pdf Please review VA-PL20180001716 From: NDN-Legals<legals@naplesnews.com> Sent:Thursday, October 11, 2018 2:31 PM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Subject: Display ad#2139438; Run Date: 10/19;Size: 3x9.25. Cost:$932.40 RE:VA-PL20180001716-Gulfstar Hi Teresa, Display ad#2139438; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 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:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent:Thursday, October 11, 2018 11:24 AM To: NDN-Legals<legals@naplesnews.com> Subject:VA-PL20180001716-Gulfstar Legals, Please advertise the attached Display Ad w/Map on Friday,October 19,2018. Also, please confirm receipt of this request.Thanks Teresa Cannon, BMR Senior Clerk II Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Please visit us on the web at http://protect-us.mimecast.com/s/JIOoCM8KLOHw100iFwdNC ?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take 1 Teresa L. Cannon From: FinnTimothy <Timothy.Finn@colliercountyfl.gov> Sent: Thursday, October 11, 2018 3:37 PM To: Teresa L. Cannon; RodriguezWanda;VelascoJessica; SmithCamden Subject: RE: Display ad# 2139438; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 RE:VA- PL20180001716 - Gulfstar Approved Timothy Finn, AICP Principal Planner Co ler 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 httn://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:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent:Thursday, October 11, 2018 2:37 PM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>;VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov> Subject: FW: Display ad#2139438; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 RE: VA-PL20180001716-Gulfstar Please review VA-PL20180001716 From: NDN-Legals<legals@naplesnews.com> Sent:Thursday, October 11, 2018 2:31 PM To:Teresa L.Cannon <Teresa.Cannon@collierclerk.com> Subject: Display ad#2139438; Run Date: 10/19; Size: 3x9.25.Cost:$932.40 RE:VA-PL20180001716-Gulfstar Hi Teresa, Display ad#2139438; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 Thank you, Mereida Cardenas 1 Teresa L. Cannon From: Velascolessica <Jessica.Velasco@colliercountyfl.gov> Sent: Friday, October 12, 2018 10:30 AM To: Minutes and Records Cc: RodriguezWanda; SmithCamden; CasanovaAlexandra; FinnTimothy; Martha S.Vergara Subject: FW:Ad Approval for your review for PL20180001716 - Gulfstar VA Attachments: ND-2139438.pdf; RE: Display ad# 2139438; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 RE:VA-PL20180001716 - Gulfstar Good Morning, Below you will find the applicants approval and attached is the planner's approval for the PL20180001716-Gulfstar VA ad proof. Respectfully, PeddieaVelewa 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 http://bit.ly/CollierZoning. CA9unty 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. From: Mitch Johnson <master@windstaronnaplesbay.net> Sent: Friday, October 12, 2018 8:55 AM To:Velascolessica <Jessica.Velasco@colliercountyfl.gov> Cc:John Ribes<Ribes@jrI-design.com>;SmithCamden <Camden.Smith@colliercountyfl.gov>; FinnTimothy <Timothy.Finn@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercou ntyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Subject: Re: Ad Approval for your review for PL20180001716-Gulfstar VA We approve of the Public Notice. No revisions proposed. -Mitch Teresa L. Cannon From: FinnTimothy <Timothy.Finn@colliercountyfl.gov> Sent: Thursday, October 11, 2018 3:37 PM To: Teresa L. Cannon; RodriguezWanda;VelascoJessica; SmithCamden Subject: RE: Display ad#2139438; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 RE:VA- PL20180001716 - Gulfstar Approved Timothy Finn, AICP Principal Planner Co neer 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:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent:Thursday, October 11, 2018 2:37 PM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>;VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov> Subject: FW: Display ad#2139438; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 RE: VA-PL20180001716-Gulfstar Please review VA-PL20180001716 From: NDN-Legals<legals@naplesnews.com> Sent:Thursday, October 11, 2018 2:31 PM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: Display ad#2139438; Run Date: 10/19;Size: 3x9.25.Cost:$932.40 RE: VA-PL20180001716-Gulfstar Hi Teresa, Display ad#2139438; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 Thank you, Mereida Cardenas 1 Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Friday, October 12, 2018 2:56 PM To: Minutes and Records Cc: VelascoJessica; SmithCamden; FinnTimothy Subject: FW:Ad Approval for your review for PL20180001716 - Gulfstar VA Attachments: ND-2139438.pdf; RE: Display ad# 2139438; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 RE:VA-PL20180001716 - Gulfstar This ad proof looks good here also. Wanda Rodriguez, ACP, CPM Office of the County Attorney (239)252-8400 From:VelascoJessica Sent: Friday, October 12, 2018 10:30 AM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>;SmithCamden<Camden.Smith@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov>; Martha S.Vergara <Martha.Vergara@collierclerk.com> Subject: FW:Ad Approval for your review for PL20180001716-Gulfstar VA Good Morning, Below you will find the applicants approval and attached is the planner's approval for the PL20180001716-Gulfstar VA ad proof. Respectfully, p4000a*144e 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@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at htto://bit.ly/CollierZoning. Co ier 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 4 ` r.:4;\apLrø Battu rw 'i 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 2139438 VA-PL20180001716 4500186697 Pub Dates October 19,2018 (Sign ture of affiant) 4 :. KAROIEKANGAS Sworn to and subscribed before me �� l �26FOb4t� 4 This October 19,2018 I MyCummExplros1W29.2o21 ' knew th,orgh tloonliiesnyosa aid (/ (Signature of affiant) NAPLESNEWS.COM I FRIDAY,OCTOBER 19,2018 I 21A NOTICE OF PUBLIC HEARING 0 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Notice is hereby given that a public hearing will be held by the Colder Coity Hearing Examiner Hearing Examiner(HEX)at 9:00 A.M.,November 8,2018,in the Hearing (HEX)at 940 A,M.,November 8th,2018.in the Hearing Examiner's Meeting Room.at 2800 Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610, North Horseshoe Drive,Room 609/610,Naples Fl 34104,toconsider: Naples Fl 34104,to consider. PETITION NO. VA-PI20100001716- SOIITHPOINTF. AT WINDSTAR MARINA PETITION NO.VA-PL20180001748-MITCHEL AND KARYN COOPER REQUEST ASSOCIATION,INC.AND WINDSTAR ON NAPLES BAY MASTER ASSOCIATION, A VARIANCE FROM SECTION 5.03.06 E.OF THE LAND DEVELOPMENT CODE INC.RED'JEST VARIANCE FROM SECTION 5.03.020F THE IAND DEVELOPMENT TO REDUCE THE MINIMUM SIDE YARD SETBACK FOR A BOAT DOCK FACILITY CODE,WHICH LIMITSFENCESANDWALISWITHINARESIDENTIALCOMPONENT FROM 7.5 FEET TO 1.3 FEET ON THE NORTH SIDE OF THE PROPOSED BOAT OF A PUD TO A MAXIMUM HEIGHT 0F6 FEET,TO INSTEAD ALLOW A MAXIMUM DOCK,AND FROM 7,5 FEET TO 2,1 FEET ON THE SOUTH SIDE OF THE IIEIGIIT OF 8 FEET.FOR A PROPOSED 8 FOOT WALL THAT WILL REPLACE AN PROPOSED BOAT DOCK,FOR PROPERTY LOCATED AT 37 PELICAN STREET, EXISTINGo G FOOT FENCC LOCATED ON TIIE SOIITII SIDE OE GULESTAR DRIVG ON THE NORTH SIDE OF PELICAN STREET,APPROXIMATELY 1000 FEET SOUTH.ON TIIE WEST SIDE OF HAMILTON AVENUG,IN SECTION 23,TOWNSHIP WEST OF CAPRI BLVD.,IN SECTION 31,TOWNSHIP 51 SOUTH,RANGE 26 50 SOUTH,RANGE 25 EAST,COLLIER COUNTY.FLORIDA. EAST,COLLIER COUNTY,FLORIDA,CONSISTING OF 0.18±ACRES. ei cc 1,11 PROJECT T ` PROJECT LOCATION '�.,a LOCATION� m o , Rattlesnake Thom °n Da(to(to Hammock RD � Ikon S u Oulmtar DR S gni 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 .4., record. Copies of staff report are available one week prior to the hearing. The file can All interested niesare invited and be heard.All materialsusea in presentation before be reviewed at the Collier County Growth Management Department,Zoning pa appearpresen Division,Zoning Services Section,2800 North Horseshoe Drive,Naples,FL the Hearing Exaoanerwiu become a permanent pan of the record. Copies of staff report are available one week prior to the hearing.The file can be reviewed at the The Hearing Examiner's decision becomes final on the date rendered.Any Collier County Growth Management Department,Inning Division,Zoning Services Section, person who decides to appeal any decision of the Hearing Examiner will need a 2800 North Horseshoe Drive,Naples,FL. 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 The Hearing Examiner's decision becomes final on the date rendered.Any person who decides testimony to evidence upon which the appeal is based. to appeal any decision of the limning Examiner will need a nxord of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made. If you are a person with a disability who needs any accommodation in order to which record includes the testimony to evidence upon which the appeal is based. 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 If you are a person with a disability who needs any acwmmudaliun in order to participate to Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112- this proceeding,you are entitled,at no cost to you,to the provision of certain assistance..Please 5356,(239)252-8380,at least two days prior to the meeting. contact me Colder County Facilities Management Dmsiun located at 3335 Tamiami Trail East, Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Mark Strain, Chief Hearing Examiner Chief Hearing Examiner Collier County,Florida Collier County.Florida October 19,2018 ND-2139424 0,0.,19.=015 H1,2139ata NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX)at 9:00 A.M.,November 8,2018,in the Hearing Examiners meeting room,at 2800 North (HEX)at 9:00 A,M.,November 8,2018,in the Hearing Examiner's Meeting Room.at 2800 North Horseshoe Drive,Room 609/610,Naples F134104,to consider: Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: PETITION NO.BDE.PL20160001029-STEVEN BERGESON AND CYNTHIA MUELLER PETITION NO.BDE-PL20180001018-MITCHEL AND KARYN COOPER REQUEST A REQUEST A 27-FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET 235-FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET ALLOWED BY ALLOWED BY SECTION 5.03.06 OF THE LAND DEVELOPMENT CODE,FOR A SECTION 5.03.06 OF THE LAND DEVELOPMENT CODE,FOR ATOTAL PROTRUSION TOTAL PROTRUSION OF 47 FEET,TO ACCOMMODATE A NEW DOCKING FACILITY OF 255 FEET,TO ACCOMMODATE A NEW DOCKING FACILITY WITH ONE BOAT WITH ONE BOAT SLIP FOR THE BENEFIT OF LOT 5,BLOCK 7 OF THE G1 h.F SLIP FOR THE BENEFIT OF PROPERTY LOCATED AT 37 PELICAN STREET W,ON SHORES SUBDIVISION.ALSO DESCRIBED AS 3254 LAKEVIEW DRIVE,LOCATED THE NORTH SIDE OF PELICAN STREET W,APPROXIMATELY 1000 FEET WEST OF ON THE WEST SIDE OF LAKEVIEW DRIVE,APPROXIMATELY 1,000 FEET WEST CAPRI BLVD.,IN SECTION 31,TOWNSHIP 51 SOUTH,RANGE 26 EAST,COLLIER OF BAYSHORE DRIVE,IN SECTION 14,TOWNSHIP 50 SOUTH,RANGE 25 EAST, COUNTY FLORIDA. COLLIER COUNTY,FLORIDA. 0=y Capp/ 1 _I_- \ Taa - e��O -`C PROJECT - o� LOCATIONI I I PROJECT ! STA-�/ ��, LOCATION O • CCt\ C J t7 p m 6 'm _ _ lican ST i si m I tea' .ml \ \--1:N___li �) r . ,r .+. All interested ties are invited to appearand be heard.All materials used in ration before Ail interested parties am invited to appear and be heard.All materials used in presentation before para Pu'esenthe Hearing Examiner will become a permanent part of the record. the Hearing Examiner will become a permanent part of the record. Copies of staff report arc available one week prior to the hearing.The filc can be reviewed at the Copies of stag report am available one week prior to the hearing.The file can be reviewed at the Collier County Growth Management Department,'Zoning Division,Zoning Services Section, Collier County Growth Management Department,Luning Division,Luning Services section, 2800 North Horseshoe Drive,Naples,FL. 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiners decision becomes final on the date rendered.Any person who decides The Hearing Examiner's decision becomes final on the date rendered.Any person who decides to appeal any decision of the Rearing Examiner will need a record of the proceedings pertaining to appeal any 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, thereto and therefore may need to ensure that a verbatimrecordof the proceedings is made. which record includes the testimony to evidence upon which the appeal is based. which record includes the testimony to evidence upon which the appeal is based. If you area person with a disability who needs any accommodation in order to participate in If you am a person with a disability who needs any accommodation in order to participate in this proceeding,you am entitled,at no cost to you,to the provision of certain assistance.Please this proceeding,you em 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. contact the Collier County Facilities Management Division located at 3335 Tamiami Trail Fast. Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Suite 101,Naples,Florida 34112-5356,(239)252.8380,at least two days prior to the meeting. Mark Strain, Mark Strain, Chief Hearing Examiner Chief Hearing Examiner Collier County,Florida Collier County,Florida 0.9.19.2919 N1,213.29 .9..19.T1s 341s2I39a12 BDE-PL20180001018 11/8/18 Teresa L. Cannon Cooper Boat Dock Ext From: VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Sent: Wednesday, October 10, 2018 11:52 AM To: Minutes and Records Cc: Ann P. Jennejohn; bellows_r; BosiMichael; kendall_m; PageErin; NeetVirginia; RodriguezWanda; SmithCamden; CasanovaAlexandra; MartinezGilbert Subject: HEX Advertisement Request - PL20180001018 Cooper BDE Attachments: Ad Request.docx; Signed Ad Request.pdf; 2 x 3 Map.pdf Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, 9e4 ea Velade0 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@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Co ie-r 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. October 10, 2018 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on October 19, 2018 and furnish proof of publication to the attention of Gilbert Martinez, 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 774-0 /?9_,,k. Authorized. esignee signature for HEX Advertising PL20180001018 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., November 8, 2018. in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610.Naples Fl 34104,to consider: PETITION NO. BDE-PL20180001018— MITCHEL AND KARYN COOPER REQUEST A 235-FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET ALLOWED BY SECTION 5.03.06 OF THE LAND DEVELOPMENT CODE, FOR A TOTAL PROTRUSION OF 255 FEET, TO ACCOMMODATE A NEW DOCKING FACILITY WITH ONE BOAT SLIP FOR THE BENEFIT OF PROPERTY LOCATED AT 37 PELICAN STREET W.,ON THE NORTH SIDE OF PELICAN STREET W., APPROXIMATELY 1000 FEET WEST OF CAPRI BLVD., IN SECTION 31. TOWNSHIP 51 SOUTH, RANGE 26 EAST.COLLIER COUNTY,FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any 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 to evidence upon which the appeal is 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 an-is„de Z W C 0 v l d a 7m ao Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Wednesday, October 10, 2018 12:14 PM To: VelascoJessica Cc: SmithCamden; CasanovaAlexandra; MartinezGilbert; Minutes and Records Subject: RE: HEX Advertisement Request - PL20180001748 Cooper VA& PL20180001018 Cooper BDE Jessica, Please provide another map for both the Cooper VA and BDE ad requests, that is zoomed out enough to see a major road, or otherwise identify the location. The SAME map should be used for both petitions. Thanks, Wanda Rodriguez, ACT, CP.1 Office of the County Attorney (239)252-8400 From:VelascoJessica Sent:Wednesday, October 10, 2018 11:49 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>; SmithCamden <Camden.Smith@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; MartinezGilbert<Gilbert.Martinez@colliercountyfl.gov> Subject: HEX Advertisement Request- PL20180001748 Cooper VA Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, 5 41e4 Ve44CQ 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@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iv/CollierZoning. Co ler County Exceeding Expectations 1 Teresa L. Cannon From: VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Sent: Thursday, October 11, 2018 9:13 AM To: Minutes and Records Cc: Teresa L. Cannon; RodriguezWanda; SmithCamden; CasanovaAlexandra; kelly,j; FinnTimothy; MartinezGilbert Subject: Revised 2x3 Ad Maps - Zoning Advertisements Attachments: 2 x 3 Ad Map PL20160001029.pdf; 2 x 3 Ad Map PL20180001716.pdf; 2 x 3 Map PL20180001748.pdf; 2 x 3 Map PL20180001018.pdf Follow Up Flag: Follow up Flag Status: Completed Good Morning, Attached you will find the revised 2x3 ad maps for the 4 ad requests that were submitted yesterday. Respectfully, 9e2&ea Veeetded 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@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/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. JQ c' r m, 2 O W F � Q 0 v Bald Eagle aN L' Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Thursday, October 11, 2018 9:50 AM To: Minutes and Records Cc: VelascoJessica; CasanovaAlexandra; SmithCamden; MartinezGilbert Subject: FW: HEX Advertisement Request - PL20180001018 Cooper BDE Attachments: Ad Request.docx; Signed Ad Request.pdf; 2 x 3 Map PL20180001018.pdf This ad request with attached revised map is good. Wanda Rodriguez, ACP, CP.1 Office of the County Attorney (239)252-8400 From:VelascoJessica Sent:Wednesday, October 10, 2018 11:52 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>; SmithCamden<Camden.Smith@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; MartinezGilbert<Gilbert.Martinez@colliercountyfl.gov> Subject: HEX Advertisement Request- PL20180001018 Cooper BDE Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, PeddGCa Veiewea 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@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at httn://bit.Iv/CollierZoning. Co ier 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. Acct #076397 October 11, 2018 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: BDE-PL20180001018 — Cooper Boat Dock Ext (Display Ad w/Map) Dear Legals: Please advertise the above referenced Display Ad w/Map on Friday, October 19, 2018 and send the Affidavit of Publication, in triplicate, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500186697 October 10, 2018 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on October 19, 2018 and furnish proof of publication to the attention of Minutes & Records Department, 3299 Tamiami Trail East, Suite #401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where 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 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., November 8, 2018, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: PETITION NO. BDE-PL20180001018 —MITCHEL AND KARYN COOPER REQUEST A 235-FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET ALLOWED BY SECTION 5.03.06 OF THE LAND DEVELOPMENT CODE, FOR A TOTAL PROTRUSION OF 255 FEET, TO ACCOMMODATE A NEW DOCKING FACILITY WITH ONE BOAT SLIP FOR THE BENEFIT OF PROPERTY LOCATED AT 37 PELICAN STREET W., ON THE NORTH SIDE OF PELICAN STREET W., APPROXIMATELY 1000 FEET WEST OF CAPRI BLVD., IN SECTION 31, TOWNSHIP 51 SOUTH,RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any 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 to evidence upon which the appeal is 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 �'enio ' Jo m' z W f C Q C Cu 0 Bald Eaae-UEt .` N Teresa L. Cannon From: Teresa L. Cannon Sent: Thursday, October 11, 2018 11:18 AM To: Naples Daily News Legals Subject: BDE-PL20180001018 - Cooper Attachments: BDE-PL20180001018 (HEX 11-8-18).doc; BDE-PL20180001018 (HEX 11-8-18).doc; BDE- PL20180001018 (HEX 11-8-18).pdf Legals, Please advertise the attached Display Ad w/map on Friday, October 19, 2018. Please confirm receipt of this request.Thank you Teresa Cannon, BMR Senior Clerk II Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 Teresa L. Cannon From: NDN-Legals <legals@naplesnews.com> Sent: Thursday, October 11, 2018 2:28 PM To: Teresa L. Cannon Subject: NDN Display ad#2139412; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 RE: BDE- PL20180001018 - Cooper Attachments: ND-2139412.pdf Hi Teresa, Display ad#2139412; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 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:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent:Thursday, October 11, 2018 11:18 AM To: NDN-Legals<legals@naplesnews.com> Subject: BDE-PL20180001018-Cooper Legals, Please advertise the attached Display Ad w/map on Friday,October 19, 2018. Please confirm receipt of this request.Thank you Teresa Cannon, BMR Senior Clerk II Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Please visit us on the web at htta://protect-us.mimecast.com/s/SiUACiRQzcSBX90EIWLIFK?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk©collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 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.,November 8,2018,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: PETITION NO.BDE-PL20180001018—MITCHEL AND KARYN COOPER REQUEST A 235-FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET ALLOWED BY SECTION 5.03.06 OF THE LAND DEVELOPMENT CODE,FOR A TOTAL PROTRUSION OF 255 FEET,TO ACCOMMODATE A NEW DOCKING FACILITY WITH ONE BOAT SLIP FOR THE BENEFIT OF PROPERTY LOCATED AT 37 PELICAN STREET W,ON THE NORTH SIDE OF PELICAN STREET W,APPROXIMATELY 1000 FEET WEST OF CAPRI BLVD., IN SECTION 31, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA. Y wa u ( ,t,%10,41144 PROJECT 46. LOCATION co lican (R� �s � ' f la w All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division,Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered.Any person who decides to appeal any 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 to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida October 19,2018 ND-2139412 ❑ PROOF O.K.BY: ❑ O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT: 10/11/2018 12:58 PM SALES PERSON: Ivonne Gori PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE: 10/19/18 ND-2139412.INDD SIZE:3 col X 9.25 in Teresa L. Cannon To: RodriguezWanda;VelascoJessica; SmithCamden; gilbertmartinez@colliercountyfl.gov Subject: FW: NDN Display ad#2139412; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 RE: BDE- PL20180001018 - Cooper Attachments: ND-2139412.pdf Please review BDE-PL20180001018 From: NDN-Legals<Iegals@naplesnews.com> Sent:Thursday, October 11, 2018 2:28 PM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: NDN Display ad#2139412; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 RE: BDE-PL20180001018-Cooper Hi Teresa, Display ad#2139412; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 Thank you, Mereida Cardenas Legal Advertising Specialist Naples Daily News PART OF THE USA TODAY NETWORK Office:239.213.6061 Mereida.Cardenasanaplesnews.com naplesnews.com From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent:Thursday, October 11, 2018 11:18 AM To: NDN-Legals<legals@naplesnews.com> Subject: BDE-PL20180001018-Cooper Legals, Please advertise the attached Display Ad w/map on Friday,October 19,2018. Please confirm receipt of this request.Thank you Teresa Cannon, BMR Senior Clerk II Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Please visit us on the web at http://protect-us.mimecast.com/s/SiUACjRgzgSBX90EIWLIFK?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take 1 Ann P. Jennejohn From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Monday, October 15, 2018 1:51 PM To: Minutes and Records Cc: VelascoJessica; MartinezGilbert; SmithCamden; CasanovaAlexandra Subject: FW: NDN Display ad#2139412; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 RE: BDE- PL20180001018 - Cooper Attachments: RE:Ad Approval for your review for PL20180001018 Cooper Dock BDE; RE:Approve Ad Proof for Cooper BDE Staff and applicant approvals are attached, and this proof is good to go for us also. Thank you, ' Wanda Rodriguez, ACP, CPM Office of the County Attorney (239) 252-8400 From:VelascoJessica Sent: Monday, October 15, 2018 1:48 PM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Cc:SmithCamden<Camden.Smith@colliercountyfl.gov>; 'gilbertmartinez@colliercountyfl.gov' <gilbertmartinez@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Subject: RE: NDN Display ad#2139412; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 RE: BDE-PL20180001018-Cooper Good Afternoon Wanda, Thank you for following up, I was under the impression that my email was sent out on Friday, but apparently it did not send. Yikes.Attached you will find the applicant and planner's approval for this ad. Respectfully, peddGCa VdeldC4 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@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Co icr 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 Ann P. Jennejohn From: Jeff Rogers <Jeff@thanaples.com> Sent: Thursday, October 11, 2018 5:12 PM To: VelascoJessica Cc: MartinezGilbert; SmithCamden; CasanovaAlexandra; RodriguezWanda Subject: RE:Ad Approval for your review for PL20180001018 Cooper Dock BDE Approved 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 TigrAeliala 'egiWiaCOLU9aniC THE INFORMATION CONTAINED IN THIS TRANSMISSION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, WORK PRODUCT AND/OR EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT (OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT), YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US BY TELEPHONING US (COLLECT) AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE AT OUR EXPENSE. From:VelascoJessica <Jessica.Velasco@colliercountyfLgov> Sent:Thursday, October 11, 2018 3:56 PM To:Jeff Rogers<Jeff@thanaples.com> Cc: MartinezGilbert<Gilbert.Martinez@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject:Ad Approval for your review for PL20180001018 Cooper Dock BDE Good Afternoon Jeff, Advertisement for PL20180001018 Cooper Dock BDE. 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 Friday 10/12/2018 COB, your item may be continued. Respectfully, Peddieat; et dc4 Operations Coordinator-Zoning Division 1 Ann P. Jennejohn From: MartinezGilbert <Gilbert.Martinez@colliercountyfl.gov> Sent: Friday, October 12, 2018 12:48 PM To: VelascoJessica Subject: RE: Approve Ad Proof for Cooper BDE Approved. Still following up on Variance. Regards, Gilbert "Gil" Martinez Principal Planner 239-252-4211 Co ler County Growth Management Division Exceeding Expectations,Every Day! NOTE:Email Address Has Changed 2800 Horseshoe Dr.N Naples,FL 34104 Phone:239-252-4211 From:VelascoJessica Sent: Friday, October 12, 2018 12:26 PM To: MartinezGilbert<Gilbert.Martinez@colliercountyfl.gov> Subject:Approve Ad Proof for Cooper BDE Good Afternoon Gil, Attached you will find the ad proof for the Cooper Boat Dock Extension. Can you please review and approve the ad proof. We have received the applicants approval. Thank you in advance, 9e4diea Vee4adeA 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 http://bit.Iv/CollierZoning. ro Cor Count ro:Aapirs BMW rwu 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 2139412 BDE-PL20180001018 4500186697 Pub Dates October 19,2018 hL& - a,1 (Sign ture of affiant) . — :•,:;;;—",., KAROLEKANGAS Sworn to and subscribed before me torcroi cammhslon1GG12G041 This October 19,2018 MyCumeh.ExpiresJl29,2021 ",,Z�„+ eonaeellhmihildoultionlyma OtrYler (Signature of affiant) NAPLESNEWS.COM 1 FRIDAY,OCTOBER 19,2018 I 21A NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner Hearing Examiner(HEX)at 9:00 A.M.,November 8,2018,in the Hearing (HEX)at 9:00 A.M.,November 8th,2018,in the Heanng Examiner's Mating Room.at 2800 Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610, North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: Naples FI 34104,to consider: PETITION NO. VA-PI20180001716 - SOIITHPOINTF. AT WINDSTAR MARINA PETITION NO.VA-PL20180001748-MITCHELAND KARYN COOPER REQUEST ASSOCIATION,INC.AND WINDSTAR ON NAPLES BAY MASTER ASSOCIATION, A VARIANCE FROM SECTION 5.03.06 E.OF THE LAND DEVELOPMENT CODE INC.REQUESTA VARIANCE FROM SECTION 5.03.020F THE IAND DEVELOPMENT TO REDUCE THE MINIMUM SIDE YARD SETBACK FOR A BOAT DOCK FACILITY CODE,WHICH LIMITS FENCESANDWALLSWITHIN ARESIDENTIALCOMPONENT FROM 7.5 FEET TO 1.3 FEET ON THE NORTH SIDE OF THE PROPOSED BOAT OF APUD TO A MAXIMUM HEIGHT OF 6 FEET,TO INSTEAD ALLOW A MAXIMUM DOCK,AND FROM 7,5 FEET TO 2,1 FEET ON THE SOUTH SIDE OF THE HEIGHT OF 8 FEET,FOR A PROPOSED 8 FOOT WALL TIIAT WILL REPLACE AN PROPOSED BOAT DOCK,FOR PROPERTY LOCATED AT 37 PELICAN STREET, EXISTING G FOOT FENCE LOCATED ON THE 801/T1i SIDE OF GULFSTAR DRIVE ON THE NORTH SIDE OF PELICAN STREET,APPROXIMATELY 1000 FEET 00 SOU H, H TIDE WEST SIDE OF AMILTON AVENUE,IN SECTION 23,TOWNSHIP WEST OF CAPRI BLVD.,IN SECTION 31,TOWNSHIP 51 SOUTH,RANGE 26 50 SOUTH,RANGE 25 EAST COLLIER COUNTY,FLORIDA. EAST,COLLIER COUNTY,FLORIDA,CONSISTING OF 0.18m ACRES. Cage o • rc PROJECT ° •td ��` LOCATION PROJECT ,LOCATION s 4�� Ramesnaka -.a theme....oR f� Hammock RD -Iean3 '• Gunter GR 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 ,+e record. Copies of staff report are available one week prior to the hearing. The file can All interested parties invited[o a dbeheard.All materials used in tazion before be reviewed at the Collier County Growth Management Department,Zoning par appear an presen Division,Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. the Hearing Examiner will become a permanent pan of the record. Copies of staff report are available one week prior to the hearing.The file can he reviewed at The Hearing Examiner's decision becomes final on the date rendered.Any comer County Growth Management Department,Zoning Division.Zoning Services Section, person who decides to appeal any decision of the Hearing Examiner will need a 2800 North Horseshoe Drive,Naples,FL. 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 The Ilcaring Examiner's decision becomes final on rhe date rendered.Any person who decides testimony to evidence upon which the appeal is based, to appeal any 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. If you are a person with a disability who needs any accommodation in order to which record includes the testimony to evidence upon which the appeal is based. 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 If you are a person with a disability who needs any accommodation in order to participate to Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112- this proceeding,you are entitled,at no coat w you,w me provision of certain assistance.Please 5356,(239)252-8380,at least two days prior to the meeting. contact the Collier County Facilities Management Division located 'f at 3335ii Trail East, Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least two days prior to to the meeting. Mark Strain, Mark Strain, Chief Hearing Examiner Chief Hearing Examiner Collier County,Florida Collier County,Florida October 19,2018 ND-2139424 October's.}0it nwvisassa NOTICE OF PUBLIC HEARING or NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX)at 9:00 A.M.,November 8,2818,in the Hearing Examiners meeting mom,at 2800 North (HEX)at Fee A.M.,November 8,2818,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive.Room 609/610,Naples F134104,to consider: Horseshoe Drive,Room 609/610,Naples Fl 34104,10 consider: PETITION NO.BDE-PL20160001029-STEVEN BERGESON ANDCYNTIIIA MUELLER PETITION NO.BDE-PL20180001018-MITCHEL AND KARYN COOPER REQUEST A REQUEST A 27-FOOT BOAT'DOCK EXTENSION OVER THE MAXIMUM 20 FEET 235-FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET ALLOWED BY ALLOWED BY SECTION 5.03.06 OF THE LAND DEVELOPMENT CODE,FOR A SECTION 5.03.06 OF THE LAND DEVELOPMENT CODE,FOR ATOTAL PROTRUSION TOTAL PROTRUSION OF 47 FEET,TO ACCOMMODATE A NEW DOCKING FACILITY OF 255 FEET TO ACCOMMODATE A NEW DOCKING FACILITY WITH ONE BOAT WITH ONE BOAT SLIP FOR THE BENEFIT OF LOT 5,BLACK 7 OF THE GI ILF SLIP FOR THE BENEFIT OF PROPERTY LOCATED AT 37 PELICAN STREET W,ON SIIORES SUBDIVISION.ALSO DESCRIBED AS 3254 LAKEVIEW DRIVE,LOCATED THE NORTH SIDE OF PELICAN STREET W,APPROXIMATELY 1000 FEET WEST OF ON THE WEST SIDE OF LAKEVIEW DRIVE.APPROXIMATELY 1,000 FEET WEST CAPRI BLVD..IN SECTION 31,TOWNSHIP 51 SOUTH,RANGE 26 EAST,COLLIER OF BAYSHORE DRIVE,IN SECTION 14,TOWNSHIP 50 SOUTH,RANGE 25 EAST, COUNTY FLORIDA. COLLIER COUNTY,FLORIDA. - CePr - a2 - ma PROJECT 4.4 • LOCATIONI I I p ` PROJECT 44 LOCATION _ N ) . All interested ties are invited to appearand be heard.All materials used inpresentation before All interested parties are invited to appear and be heard.All materials used in presentation before par the Hearing Examiner will become a permanent part of the record. the Hearing Examiner will become a permanent part of the record. Copies of staff report arc available one week prior to the hearing.The file can be reviewed at the Copies of staff report are available one week prior to the hearing.The file can be reviewed at the Collier County Growth Management Department,Luning Division,Luning Servkes Section, Collier County Growth Management Department,Zoning Division.Zoning Services Section. 2800 North Horseshoe Drive,Naples,FL. 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered.Any person who decides The Hearing Examiner's decision becomes final en the date rendered.Any person who decides to appeal any decision of the/lowing Examiner will need a record of the proceedings pertaining to appeal any 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, thcrcto and therefore,may need to ensure that a verbatim record of the proceedings is made. which record includes the testimony to evidence upon which the appeal is based. which record includes the testimony to evidence upon which the appeal is based. If you area person with a disability who needs any accommodation in order to participate in 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 this proceeding,yon are entitled,at no cost to you,to the provision al certain assistance.Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, contact the Collier County Facilities Management Division located at 3335 Tamiami Trail Fast. Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Mark Strain, Chief Hearing Examiner Chief Hearing Examiner e;ulliee(:aunty,Florida Collier County,Florida VA-PL20180001748 11/8/18 Cooper Variance Teresa L. Cannon From: VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Sent: Wednesday, October 10, 2018 11:49 AM To: Minutes and Records Cc: Ann P.Jennejohn; bellows_r; BosiMichael; kendall_m; PageErin; NeetVirginia; RodriguezWanda; SmithCamden; CasanovaAlexandra; MartinezGilbert Subject: HEX Advertisement Request - PL20180001748 Cooper VA Attachments: Ad Request.docx; Signed Ad Request.pdf; 2 x 3 Map.pdf Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, ped ea Teta.440 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@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iv/CollierZoning. SgrntY 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 October 10, 2018 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on October 19, 2018 and furnish proof of publication to the attention of Gilbert Martinez, 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 1-204-1,/fejfA___ i Authorized Designee signature for HEX Advertising P120180001748 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., November 8, 2018, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 6091610,Naples Fl 34104,to consider: PETITION NO. VA-PL20180001748— MITCHEL AND KARYN COOPER REQUEST A VARIANCE FROM SECTION 5.03.06 E. OF THE LAND DEVELOPMENT CODE TO REDUCE THE MINIMUM SIDE YARD SETBACK FOR A BOAT DOCK FACILITY FROM 7.5 FEET TO 1.3 FEET ON THE NORTH SIDE OF THE PROPOSED BOAT DOCK, AND FROM 7.5 FEET TO 2.1 FEET ON THE SOUTH SIDE OF THE PROPOSED BOAT DOCK, FOR PROPERTY LOCATED AT 37 PELICAN STREET,ON THE NORTH SIDE OF PELICAN STREET,APPROXIMATELY 1000 FEET WEST OF CAPRI BLVD., [N SECTION 31. TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,CONSISTING OF 0.18±ACRES. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department. Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any 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 to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356,(239)252-8380.at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Z tuF col-as Thimoi tiia Jd/ . .Ny • a\ fn 3 G Q a, (//y 0- °/'0,- ,, a m \ c Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Wednesday, October 10, 2018 12:14 PM To: VelascoJessica Cc: SmithCamden; CasanovaAlexandra; MartinezGilbert; Minutes and Records Subject: RE: HEX Advertisement Request - PL20180001748 Cooper VA & PL20180001018 Cooper BDE Jessica, Please provide another map for both the Cooper VA and BDE ad requests, that is zoomed out enough to see a major road, or otherwise identify the location. The SAME map should be used for both petitions. Thanks, Wanda Rodriguez, ACP, CPM Office of the County Attorney (239)252-8400 From:VelascoJessica Sent: Wednesday, October 10, 2018 11:49 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>; SmithCamden<Camden.Smith@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; MartinezGilbert<Gilbert.Martinez@colliercountyfl.gov> Subject: HEX Advertisement Request- PL20180001748 Cooper VA Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, 52'd&ea1d44CQ 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 http://bit.ly/CollierZoning. Co ier C.eaunty Exceeding Expectations 1 Teresa L. Cannon From: VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Sent: Thursday, October 11, 2018 9:13 AM To: Minutes and Records Cc: Teresa L. Cannon; RodriguezWanda; SmithCamden; CasanovaAlexandra; kelly,j; FinnTimothy; MartinezGilbert Subject: Revised 2x3 Ad Maps -Zoning Advertisements Attachments: 2 x 3 Ad Map PL20160001029.pdf; 2 x 3 Ad Map PL20180001716.pdf; 2 x 3 Map PL20180001748.pdf; 2 x 3 Map PL20180001018.pdf Follow Up Flag: Follow up Flag Status: Completed Good Morning, Attached you will find the revised 2x3 ad maps for the 4 ad requests that were submitted yesterday. Respectfully, 9ecte ea Vel.4461 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 http://bit.ly/CollierZoning. 2&9MMtY 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 d l p�E9 � o 7 o A ic.r. m o � z a Oc Co/qer @C L,o Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Thursday, October 11, 2018 9:49 AM To: Minutes and Records Cc: VelascoJessica; CasanovaAlexandra; SmithCamden; MartinezGilbert Subject: re: HEX Advertisement Request - PL20180001748 Cooper VA Attachments: Ad Request.docx; Signed Ad Request.pdf; 2 x 3 Map PL20180001748.pdf This ad request with attached revised map is good. Wanda Rodriguez, ACP, CPM Office of the County Attorney (239)252-8400 From:VelascoJessica Sent:Wednesday, October 10, 2018 11:49 AM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; BeliowsRay<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>; SmithCamden <Camden.Smith@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; MartinezGilbert<Gilbert.Martinez@colliercountyfl.gov> Subject: HEX Advertisement Request- PL20180001748 Cooper VA Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, ,9ei2&e4 Teeetd44 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@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. co 7c-r 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 Acct #076397 October 11, 2018 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: VA-PL20180001748 — Cooper Variance (Display Ad w/Map) Dear Legals: Please advertise the above referenced Display Ad w/Map on Friday, October 19, 2018 and send the Affidavit of Publication, in triplicate, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500186697 October 10, 2018 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on October 19, 2018 and furnish proof of publication to the attention of Minutes & Records Department, 3299 Tamiami Trail East, Suite #401, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where 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 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., November 8, 2018, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: PETITION NO. VA-PL20180001748—MITCHEL AND KARYN COOPER REQUEST A VARIANCE FROM SECTION 5.03.06 E. OF THE LAND DEVELOPMENT CODE TO REDUCE THE MINIMUM SIDE YARD SETBACK FOR A BOAT DOCK FACILITY FROM 7.5 FEET TO 1.3 FEET ON THE NORTH SIDE OF THE PROPOSED BOAT DOCK, AND FROM 7.5 FEET TO 2.1 FEET ON THE SOUTH SIDE OF THE PROPOSED BOAT DOCK, FOR PROPERTY LOCATED AT 37 PELICAN STREET, ON THE NORTH SIDE OF PELICAN STREET, APPROXIMATELY 1000 FEET WEST OF CAPRI BLVD., IN SECTION 31, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 0.18±ACRES. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any 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 to evidence upon which the appeal is 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 y *4 At tt Pies r 0 x _ m O n Z • n a ` 4c C0/q'r gC fp Teresa L. Cannon From: Teresa L. Cannon Sent: Thursday, October 11, 2018 11:20 AM To: Naples Daily News Legals Subject: VA-PL20180001748 - Cooper Attachments: VA-PL20180001748 (HEX 11-8-18).doc;VA-PL20180001748 (HEX 11-8-18).doc;VA- PL20180001748 (HEX 11-8-18).pdf Lega Is, Please advertise the attached Display Ad w/Map on Friday,October 19, 2018. Please confirm receipt of this request.Thanks Teresa Cannon, BMR Senior Clerk II Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 Teresa L. Cannon From: NDN-Legals <legals@naplesnews.com> Sent: Thursday, October 11, 2018 2:29 PM To: Teresa L. Cannon Subject: NDN Display ad# 2139424; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 RE:VA- PL20180001748 - Cooper Attachments: N D-2139424.pdf Hi Teresa, here the ad for your approval: Display ad#2139424; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 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:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent:Thursday, October 11, 2018 11:20 AM To: NDN-Legals<legals@naplesnews.com> Subject:VA-PL20180001748-Cooper Legals, Please advertise the attached Display Ad w/Map on Friday, October 19,2018. Please confirm receipt of this request.Thanks Teresa Cannon, BMR Senior Clerk II Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Please visit us on the web at httD://protect-us.mimecast.com/s/MIDYCADXvPfwXQJMiGhT9s?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error,please notify the Clerk's Office by emailing helpdesk@collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 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., November 8, 2018, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples Fl 34104,to consider: PETITION NO.VA-PL20180001748-MITCHELAND KARYN COOPER REQUEST A VARIANCE FROM SECTION 5.03.06 E.OF THE LAND DEVELOPMENT CODE TO REDUCE THE MINIMUM SIDE YARD SETBACK FOR A BOAT DOCK FACILITY FROM 7.5 FEET TO 1.3 FEET ON THE NORTH SIDE OF THE PROPOSED BOAT DOCK, AND FROM 7.5 FEET TO 2.1 FEET ON THE SOUTH SIDE OF THE PROPOSED BOAT DOCK, FOR PROPERTY LOCATED AT 37 PELICAN STREET, ON THE NORTH SIDE OF PELICAN STREET, APPROXIMATELY 1000 FEET WEST OF CAPRI BLVD., IN SECTION 31, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 0.18±ACRES. Cap,.�e ll f/p 1� PROJECT LOCATION ' Q m ican eV- �6' v° cos 4. r)a All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division,Zoning Services Section,2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any 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 to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida October 19,2018 ND-2139424 ❑ PROOF O.K.BY: ❑ O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT: 10/11/2018 1:02 PM SALES PERSON: Ivonne Gori PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE: 10/19/18 ND-2139424.INDD SIZE:3 col X 9.25 in Teresa L. Cannon To: RodriguezWanda;VelascoJessica; SmithCamden; gilbertmartinez@colliercountyfl.gov Subject: FW: NDN Display ad# 2139424; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 RE:VA- PL20180001748 - Cooper Attachments: N D-2139424.pdf Please review VA-PL20180001748 From: NDN-Legals<legals@naplesnews.com> Sent:Thursday, October 11, 2018 2:29 PM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Subject: NDN Display ad#2139424; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 RE:VA-PL20180001748-Cooper Hi Teresa, here the ad for your approval: Display ad#2139424; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 Thank you, Mereida Cardenas Legal Advertising Specialist Naples Daily News PART OF THE USA TODAY NETWORK Office:239.213.6061 Mereida.Cardenase.naplesnews.com naplesnews.com From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent:Thursday, October 11, 2018 11:20 AM To: NDN-Legals<legals@naplesnews.com> Subject:VA-PL20180001748-Cooper Lega Is, Please advertise the attached Display Ad w/Map on Friday,October 19,2018. Please confirm receipt of this request.Thanks Teresa Cannon, BMR Senior Clerk II Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Please visit us on the web at http://protect-us.mimecast.com/s/MIDYCADXvPfwXiJMiGhT9s?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take 1 Teresa L. Cannon From: VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Sent: Friday, October 12, 2018 4:14 PM To: Minutes and Records Cc: RodriguezWanda; SmithCamden; CasanovaAlexandra;Teresa L. Cannon; MartinezGilbert Subject: FW:Ad Approval for your review for PL20180001748 - Cooper Dock VA Attachments: PL20180001748 Approved Ad Proof.pdf Good Afternoon, Below you will find the applicants approval for this ad proof, and attached is our Zoning Director's approval for this ad proof. Respectfully, Pia Veeadeia 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 http://bit.ly/CollierZoning. Co Yer Count 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. From:Jeff Rogers<Jeff@thanaples.com> Sent:Thursday, October 11, 2018 5:12 PM To:VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Cc: MartinezGilbert<Gilbert.Martinez@colliercountyfl.gov>; SmithCamden<Camden.Smith@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject: RE: Ad Approval for your review for PL20180001748-Cooper Dock VA Approved Regards, Jeff Rogers Project Manager 1 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 )„,511111141, 11411411 -,, , sit. -+i 41 .11 4.1W THE INFORMATION CONTAINED IN THIS TRANSMISSION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, WORK PRODUCT AND/OR EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT (OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT), YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US BY TELEPHONING US (COLLECT) AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE AT OUR EXPENSE. From:VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Sent:Thursday, October 11, 2018 3:58 PM To:Jeff Rogers<Jeff@thanaples.com> Cc: MartinezGilbert<Gilbert.Martinez@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject:Ad Approval for your review for PL20180001748-Cooper Dock VA Good Afternoon Jeff, Advertisement for PL20180001748 Cooper Dock VA. 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 Friday 10/12/2018 COB, your item may be continued. Respectfully, peddicaVdetoza 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 http://bit.ly/CollierZoning. +moo ier 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. 2 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., November 8, 2018, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples Fl 34104,to consider: PETITION NO.VA-PL20180001748-MITCHELAND KARYN COOPER REQUEST A VARIANCE FROM SECTION 5.03.06 E.OF THE LAND DEVELOPMENT CODE TO REDUCE THE MINIMUM SIDE YARD SETBACK FOR A BOAT DOCK FACILITY FROM 7.5 FEET TO 1.3 FEET ON THE NORTH SIDE OF THE PROPOSED BOAT DOCK, AND FROM 7.5 FEET TO 2.1 FEET ON THE SOUTH SIDE OF THE PROPOSED BOAT DOCK, FOR PROPERTY LOCATED AT 37 PELICAN STREET, ON THE NORTH SIDE OF PELICAN STREET, APPROXIMATELY 1000 FEET WEST OF CAPRI BLVD., IN SECTION 31, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,CONSISTING OF 0.18±ACRES. Capri !�O PROJECT LOCATION Pelican ST W im 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. Any person who decides to appeal any 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 to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida October 19, 2018 ND-2139424 0 PROOF O.K.BY: ' ❑ O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT: 10/11/2018 1:0?PM SALES PERSON: Ivonne Gori PROOF DUE: - PUBLICATION: ND-DAILY NEXT RUN DATE: 10/19/18 ND-2I 39424.INDD SIZE: 3 col X 9,25 in Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Friday, October 12, 2018 4:16 PM To: Minutes and Records Cc: SmithCamden; CasanovaAlexandra; Teresa L. Cannon; MartinezGilbert;VelascoJessica Subject: RE:Ad Approval for your review for PL20180001748 - Cooper Dock VA This proof is good to go. Wanda Rodriguez, ACP, CP.I Office of the County Attorney (239)252-8400 From:VelascoJessica Sent: Friday, October 12, 2018 4:14 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; SmithCamden<Camden.Smith@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>;Teresa L. Cannon <Teresa.Cannon@collierclerk.com>; MartinezGilbert<Gilbert.Martinez@colliercountyfl.gov> Subject: FW: Ad Approval for your review for PL20180001748-Cooper Dock VA Good Afternoon, Below you will find the applicants approval for this ad proof, and attached is our Zoning Director's approval for this ad proof. Respectfully, f e4&Ca Vei40-C4 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.00v Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Co Yer 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 Teresa L. Cannon To: NDN-Legals Subject: RE: NDN Display ad#2139424; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 RE:VA- PL20180001748 - Cooper Legals, Proof looks good,OK to run.Thanks From: NDN-Legals<legals@naplesnews.com> Sent:Thursday, October 11, 2018 2:29 PM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Subject: NDN Display ad#2139424; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 RE: VA-PL20180001748-Cooper Hi Teresa, here the ad for your approval: Display ad#2139424; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 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:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent:Thursday, October 11, 2018 11:20 AM To: NDN-Legals<legals@naplesnews.com> Subject:VA-PL20180001748-Cooper Legals, Please advertise the attached Display Ad w/Map on Friday,October 19, 2018. Please confirm receipt of this request.Thanks Teresa Cannon, BMR Senior Clerk II Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@col I ierclerk.com Please visit us on the web at http://protect-us.mimecast.com/s/MIDYCADXvPfwXgJMiGhT9s?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. 1 NapLc s Battu �et�zo 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 2139424 VA-PL20180001748 4500186697 Pub Dates October 19,2018 • 62 -1 cc�LCP�a4 (Sign ture of affiant) I .. ..^... KAROL E KANGAS I I ,_' Notary Publk-SWM of Florida Sworn to and subscribed before me Commkawn«GGI26O41 This October 19,2018 :;tom"'� ' Mywmm.E reciui2,mn I ' ?'ne IondedlMa h. NNkrWNorryMa I gomfro (Signature of affiant) NAPLESNEWS,COM I FRIDAY,OCTOBER 19,2018 I 21A a' NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner Hearing Examiner(HEX)at 9:00 A.M„November 8,2018,in the Hearing (H" at 9:00 A.M.,November lith,2018,in the Hearing Examiners Meeting Room.at 2800 Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610, North Horseshoe Drive,Room 609/610,Naples FI 34104,to consider: Naples Fl 34104,to consider: PETITION NO. VA-P1201R0001716 - SOIITHPOINTE AT WINDSTAR MARINA PETITION NO.VA-PL20180001748-MITCHEL AND KARYN COOPER REQUEST ASSOCIATION,INC.AND WINDSTAR ON NAPLES BAY MASTER ASSOCIATION, A VARIANCE FROM SECTION 5.03.06 E.OF THE LAND DEVELOPMENT CODE INC.REQUESTA VARIANCE FROM SECTION 5.03.020F THF.LAND DEVELOPMENT TO REDUCE THE MINIMUM SIDE YARD SETBACK FOR A BOAT DOCK FACILITY CODE,WHICH LIMITS FENCESANDWALLS WITHIN A RESIDENTIAL COMPONENT FROM 7,5 FEET TO 1.3 FEET ON THE NORTH SIDE OF THE PROPOSED BOAT OF APUD TO A MAXIMUM HEIGHT OF 6 FEET,TO INSTEAD ALLOW A MAXIMUM DOCK,AND FROM 7.5 FEET TO 2,1 FEET ON THE SOUTH SIDE OF THE IIEIGIIT OF 8 FEET.FOR A PROPOSED 8 FOOT WALL THAT WILL REPLACE AN PROPOSED BOAT DOCK,FOR PROPERTY LOCATED AT 37 PELICAN STREET, EXISTING G FOOT PENCE LOCATED ON TILE SOUTH SIDE OF GULteSTAR DRIVE ON THE NORTH SIDE OF PELICAN STREET,APPROXIMATELY 1000 FEET SOUTH,ON THE WEST SIDE OF LIAMILTON AVENUE,IN SECTION 23,TOWNSHIP 50 SOUTH,RANGE 25 EAST.COLLIER COUNTY FLORIDA. WEST OF CAPRI BLVD.,IN SECTION 31,TOWNSHIP 51 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA,CONSISTING OF 0.18*ACRES. Cep,y .6 m re �` PROJECT 4 ,` Ptao4ecr • LOCATION � LOCATION ?' Rattlesnake '-...• • r n3 T6°mas �`F Hammock RD ^DR ' lean S ' / li cwratar DR s All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the .4, 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 All interested parses are invited to appear and be heard.All materials used in presentation before Division,Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. the Hearing Examiner will become a permanent pas of the record. Copies of staff report are available one week prior to the hearing.The file can he reviewed at the The Hearing Examiner's decision becomes final on the date rendered.Any (-Ai,Comely Growth Management Department,miring Division.Zoning Servicer Section. person who decides to appeal any decision of the Hearing Examiner will need a 2800 North Horseshoe Drive,Naples,FL. 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 The hearing Examiners decision becomes final on the date rendered.Any person who decides testimony to evidence upon which the appeal is based. to appeal any 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. If you area person with a disability who needs any accommodation in order to which record includes the testimony to evidence upon which the appeal is based. 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 if You are a person with a disability who needs any accommodation to order to participate in Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112- this proceeding,you are entitled,al no cost to you,to the provision of certain assistance.Please 5356,(239)252-8380,at least two days prior to the meeting. contact the Collier County Facilities Management Division located at 3335l'amiami Trail East, Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Mark Strain, Chief Hearing Examiner Chief Hearing Examiner Collier County,Florida Collie County,Florida October 19,2018 ND-2139424 a:obe,19.mgr ND-_tattle NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing win be held by the Colder County Hearing Examiner Notice is hereby given that a public hearing will be held by the Collier Comity Hearing Examiner (HEX)at 9:00 A.M.,November 8,2018,in the Hearing Examiner's meeting room,at 2800 North (HEX)at 9:00 AM.,November 8,2018,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: PETITION NO.BDE•PL20160001029-STEVEN BERGESON AND CYNTHIA MUELLER PETITION NO.BDE-PL20180001018-MITCHEL AND KARYN COOPER REQUEST A REQUEST A 27-FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET 235-FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET ALLOWED BY ALLOWED BY SECTION 5,03.06 OF THE LAND DEVELOPMENT CODE,FOR A SECTION 5.03.06OF THE LAND DEVELOPMENT CODE,FOR A TOTAL PROTRUSION TOTAL PROTRUSION OF 47 FEET,TO ACCOMMODATE ANEWDOCKING FACILITY OF 255 FEET,TO ACCOMMODATE A NEW DOCKING FACILITY WITII ONE BOAT WITH ONE BOAT SLIP FOR THE BENEFIT OF LOT 5,BLOCK 7 OF THE GL ILF SLIP FOR THE BENEFIT OF PROPERTY LOCATED AT 37 PELICAN STREET W,ON SIIORES SUBDIVISION.ALSO DESCRIBED AS 3254 LAKEVIEW DRIVE,LOCATED THE NORTH SIDE OF PELICAN STREET W,APPROXIMATELY 1000 FEET WEST OF ON THE WEST SIDE OF LAKEVIEW DRIVE,APPROXIMATELY 1,000 FEET WEST CAPRI BLVD,IN SECTION 31,TOWNSHIP 51 SOUTH,RANGE 26 EAST,COLLIER OF BAYSHORE DRIVE,IN SECTION 14,TOWNSHIP 50 SOUTH,RANGE 25 EAST, COUNTY FLORIDA, COLLIER COUNTY,FLORIDA. r6 L �3w I CaPrI@ - --1 r_ ' _ I �` ALO a - -, PROJECT - 44 LOCATION -wil, ` PROJECT L. I I , C TyCS ��� LOCATION O 0 a 0 m _m lican ST" 1 Y I I 1 \ to Una -1 • _ (,v 1Qa. $ All interested ties are invited to a d be heard.All materials used n cation before All interested parties are invited to appear and be heard,All materials used in presentation before par appear an presentation the Hearing Examiner will become a permanent part of the record. the Hearing Examiner will become a permanent part of the record. Copies of staff reportarcavailable one week prior to the hearing.The file can be reviewed at the Copies of staff report am available one week prior to the hearing.The file can be reviewed at the (collier County Growth Management tepartment Luning Division,Luning Services Section, Collier County Growth Management Department,Zoning Division.Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. 2800 North Horseshoe Drive,Naples,FL. The Hearing F,xaminer s decision becomes final on the dare rendered.Any person who decides The Hearing Examiner's decision becomes final on the date rendered.Any person who decides to appeal any decision of the hearing Examiner will need a record of the proceedings pertaining to appeal any decision of the Hearing Examiner will weed a record of the proceedings pertaining thereto and therefore may need to ensure that a verbatim record of the proceedings is made, thereto and therefore,may need to ensure that a verbatim record of the proceedings is made which record includes the testimony to evidence upon which the appeal is based. which record includes the testimony to evidence upon which the appeal is based. If you area person with a disability who needs any accommodation in order to participate in If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you am entitled,at no cost to you,to the provision of certain assistance Please 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, contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East. Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least Iwo days prior to the meeting. Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Mark Strain, Chief Hearing Examiner Chief I leering Examiner Collier County,Florida Collier County,Florida BDE-PL20160001029 11/8/18 Teresa L. Cannon Mueller Boat bock Ext From: VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Sent: Wednesday, October 10, 2018 11:48 AM To: Minutes and Records Cc: Ann P.Jennejohn; bellows_r; BosiMichael; kendall_m; PageErin; NeetVirginia; RodriguezWanda; SmithCamden; CasanovaAlexandra; kelly,j Subject: HEX Advertisement Request - PL20160001029 Muller BDE Attachments: Ad Request.docx; Signed Ad Request.pdf; 2 x 3 Ad Map.pdf Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, 9€?.44:6a Vela4CO, 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 http://bit.Iv/CollierZoning. S&9tY 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 October 10. 2018 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on October 19,2018,and furnish proof of publication to the attention of John Kelly, 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 1Perejt Authoriz besignee signature for HEX Advertising PL20160001029 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.,November 8th, 2018, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: PETITION NO.BDE-PL20160001029—STEVEN BERGESON AND CYNTHIA MUELLER REQUEST A 27-FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET ALLOWED BY SECTION 5.03.06 OF THE LAND DEVELOPMENT CODE, FOR A TOTAL PROTRUSION OF 47 FEET, TO ACCOMMODATE A NEW DOCKING FACILITY WITH ONE BOAT SLIP FOR THE BENEFIT OF LOT 5,BLOCK 7 OF THE GULF SHORES SUBDIVISION,ALSO DESCRIBED AS 3254 LAKEVIEW DRIVE, LOCATED ON THE WEST SIDE OF LAKEVIEW DRIVE, APPROXIMATELY 1,000 FEET WEST OF BAYSHORE DRIVE, IN SECTION 14, TOWNSHIP 50 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. Any person who decides to appeal any 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 to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida O A 4. T O n Z -1 111 10;Z Lakeview DR 110 Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Wednesday, October 10, 2018 12:11 PM To: VelascoJessica Cc: SmithCamden; CasanovaAlexandra; kelly,j; Minutes and Records Subject: RE: HEX Advertisement Request - PL20160001029 Muller BDE Jessica, As with the last ad request, please provide another map, more zoomed out. Maps for ads must identify major cross streets, and enable the public to easily identify the location. Thanks, Wanda Rodriguez, ACP, CPI Office of the County Attorney (239)252-8400 From:VelascoJessica Sent:Wednesday, October 10, 2018 11:48 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>; SmithCamden<Camden.Smith@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; KellyJohn <John.Kelly@colliercountyfl.gov> Subject: HEX Advertisement Request- PL20160001029 Muller BDE Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, f edea Vd4460 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 httr://bit.Iv/CollierZoning. Com County Exceeding Expectations 1 Teresa L. Cannon From: VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Sent: Thursday, October 11, 2018 9:13 AM To: Minutes and Records Cc: Teresa L. Cannon; RodriguezWanda; SmithCamden; CasanovaAlexandra; kelly,j; FinnTimothy; MartinezGilbert Subject: Revised 2x3 Ad Maps -Zoning Advertisements Attachments: 2 x 3 Ad Map PL20160001029.pdf; 2 x 3 Ad Map PL20180001716.pdf; 2 x 3 Map PL20180001748.pdf; 2 x 3 Map PL20180001018.pdf Follow Up Flag: Follow up Flag Status: Completed Good Morning, Attached you will find the revised 2x3 ad maps for the 4 ad requests that were submitted yesterday. Respectfully, Pedaza Teea4co, 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@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iv/CollierZoning. Goiter 9unty 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 (. ol 8 I )Q O m O n akewew DR 2 Biaysho.e.DR AIRPORT PULLING- ;Qv IRDS Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Thursday, October 11, 2018 9:48 AM To: Minutes and Records Cc: VelascoJessica; CasanovaAlexandra; SmithCamden; kellyj Subject: re: HEX Advertisement Request - PL20160001029 Muller BDE Attachments: Ad Request.docx; Signed Ad Request.pdf; 2 x 3 Ad Map PL20160001029.pdf This ad request with attached revised map is good. 'Wanda Rodriguez, ACP, CP.7►1 Office of the County Attorney (239)252-8400 From:VelascoJessica Sent: Wednesday, October 10, 2018 11:48 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>; SmithCamden <Camden.Smith@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; KellyJohn <John.Kelly@colliercountyfl.gov> Subject: HEX Advertisement Request- PL20160001029 Muller BDE Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, peedecaVdetdeo. 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@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/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. 1 Acct #076397 October 11, 2018 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: BDE-PL20160001029 — Mueller Boat Dock Ext (Display Ad w/Map) Dear Legals: Please advertise the above referenced Display Ad w/Map on Friday, October 19, 2018 and send the Affidavit of Publication, in triplicate, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500186697 October 10, 2018 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on October 19, 2018, and furnish proof of publication to the attention of Minutes & Records Department, 3299 Tamiami Trail East, Suite #401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where 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 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., November 8th, 2018, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: PETITION NO. BDE-PL20160001029 — STEVEN BERGESON AND CYNTHIA MUELLER REQUEST A 27-FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET ALLOWED BY SECTION 5.03.06 OF THE LAND DEVELOPMENT CODE, FOR A TOTAL PROTRUSION OF 47 FEET, TO ACCOMMODATE A NEW DOCKING FACILITY WITH ONE BOAT SLIP FOR THE BENEFIT OF LOT 5, BLOCK 7 OF THE GULF SHORES SUBDIVISION, ALSO DESCRIBED AS 3254 LAKEVIEW DRIVE, LOCATED ON THE WEST SIDE OF LAKEVIEW DRIVE, APPROXIMATELY 1,000 FEET WEST OF BAYSHORE DRIVE, IN SECTION 14, TOWNSHIP 50 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. Any person who decides to appeal any 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 to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida i Z 411, J La(evi w DR Biayshore.DR AIRPORT PULLING- ! Teresa L. Cannon From: Teresa L. Cannon Sent: Thursday, October 11, 2018 11:22 AM To: Naples Daily News Legals Subject: BDE-PL20160001029 - Mueller Attachments: BDE-PL20160001029 (HEX 11-8-18).doc; BDE-PL20160001029 (HEX 11-8-18).doc; BDE- PL20160001029 (HEX 11-8-18).pdf Legals, Please advertise the attached Display Ad w/Map on Friday,October 19,2018. Please confirm receipt of this ad request.Thanks Teresa Cannon, BMR Senior Clerk II Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 Teresa L. Cannon From: NDN-Legals <legals@naplesnews.com> Sent: Thursday, October 11, 2018 2:30 PM To: Teresa L. Cannon Subject: NDN Display ad#2139428; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 RE: BDE- PL20160001029 - Mueller Attachments: N D-2139428.pdf Hi Teresa, here's the ad for your approval: Display ad#2139428; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 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:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent:Thursday, October 11, 2018 11:22 AM To: NDN-Legals<legals@naplesnews.com> Subject: BDE-PL20160001029 - Mueller Legals, Please advertise the attached Display Ad w/Map on Friday,October 19,2018. Please confirm receipt of this ad request.Thanks Teresa Cannon, BMR Senior Clerk II Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Please visit us on the web at htto://orotect-us.mimecast.com/s/kZ rCKr7JZfXNIgRsMYc8T?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by mailing helodesk(acollierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 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.,November 8,2018,in the Hearing Examiner's meeting room,at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: PETITION NO.BDE-PL20160001029—STEVEN BERGESON AND CYNTHIA MUELLER REQUEST A 27-FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET ALLOWED BY SECTION 5.03.06 OF THE LAND DEVELOPMENT CODE, FOR A TOTAL PROTRUSION OF 47 FEET,TO ACCOMMODATE A NEW DOCKING FACILITY WITH ONE BOAT SLIP FOR THE BENEFIT OF LOT 5, BLOCK 7 OF THE GULF SHORES SUBDIVISION,ALSO DESCRIBED AS 3254 LAKEVIEW DRIVE,LOCATED ON THE WEST SIDE OF LAKEVIEW DRIVE, APPROXIMATELY 1,000 FEET WEST OF BAYSHORE DRIVE, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA. _(i) as —1\1:4 0 PROJECT — , i °))/ LOCATION > CO L CV I , \ v lltr 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.Any person who decides to appeal any 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 to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida October 19,2018 ND-2139428 ❑ PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT: 10/11/2018 1:02 PM SALES PERSON: Ivonne Gori PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE: 10/19/18 ND-2139428.INDD SIWF:3 col X 9.25 in Teresa L. Cannon To: RodriguezWanda;VelascoJessica; SmithCamden; gilbertmartinez@colliercountyfl.gov Subject: FW: NDN Display ad#2139428; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 RE: BDE- PL20160001029 - Mueller Attachments: N D-2139428.pdf Please review BDE-PL20160001029 From: NDN-Legals<legals@naplesnews.com> Sent:Thursday, October 11, 2018 2:30 PM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Subject: NDN Display ad#2139428; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 RE: BDE-PL20160001029- Mueller Hi Teresa, here's the ad for your approval: Display ad#2139428; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 Thank you, Mereida Cardenas Legal Advertising Specialist Naples Daily News PART OF THE USA TODAY NETWORK Office:239.213.6061 Mereida.Cardenas ar7.naplesnews.com naplesnews.com From:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent:Thursday, October 11, 2018 11:22 AM To: NDN-Legals<legals@naplesnews.com> Subject: BDE-PL20160001029 - Mueller Lega Is, Please advertise the attached Display Ad w/Map on Friday,October 19,2018. Please confirm receipt of this ad request.Thanks Teresa Cannon, BMR Senior Clerk II Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@col lierclerk.com Please visit us on the web at http://protect-us.mimecast.com/s/kZ rCKr7JZfXNIaRsMYc8T?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be 1 Teresa L. Cannon To: johnkelly@colliercountyfl.gov' Subject: FW: NDN Display ad#2139428; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 RE: BDE- PL20160001029 - Mueller Attachments: ND-2139428.pdf Please review BDE-PL20160001029 From:Teresa L. Cannon Sent:Thursday, October 11, 2018 2:36 PM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>;VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; 'gilbertmartinez@colliercountyfl.govt <gilbertmartinez@colliercountyfl.gov> Subject: FW: NDN Display ad#2139428; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 RE: BDE-PL20160001029- Mueller Please review BDE-PL20160001029 From: NDN-Legals<legals@naplesnews.com> Sent:Thursday, October 11, 2018 2:30 PM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Subject: NDN Display ad#2139428; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 RE: BDE-PL20160001029- Mueller Hi Teresa, here's the ad for your approval: Display ad#2139428; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 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:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent:Thursday, October 11, 2018 11:22 AM To: NDN-Legals<legals@naplesnews.com> Subject: BDE-PL20160001029- Mueller Legals, Please advertise the attached Display Ad w/Map on Friday,October 19, 2018. Please confirm receipt of this ad request.Thanks 1 Teresa L. Cannon From: VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Sent: Friday, October 12, 2018 4:11 PM To: Minutes and Records Cc: RodriguezWanda; SmithCamden; CasanovaAlexandra; kelly_j;Teresa L. Cannon Subject: FW:Ad Approval for your review for PL20160001029 Bergeson/Mueller BDE Attachments: PL20160001029 Approved Ad Proof.pdf Good Afternoon, Below you will find the applicants approval for this ad request, and attached is our Zoning Director's approval for this ad proof. Respectfully, Ped4000t Ve€4.4CO 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@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at httio://bit.ly/CollierZoning. S&9tY 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. From:Jeff Rogers<Jeff@thanaples.com> Sent:Thursday, October 11, 2018 5:13 PM To:VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Cc: KellyJohn<John.Kelly@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject: RE:Ad Approval for your review for PL20160001029 Bergeson/Mueller BDE Approved Regards, Jeff Rogers Project Manager Turrell,Hall&Associates,Inc. 1 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 i, Irl)>IttlyAt InC THE INFORMATION CONTAINED IN THIS TRANSMISSION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, WORK PRODUCT AND/OR EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT (OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT), YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US BY TELEPHONING US (COLLECT) AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE AT OUR EXPENSE. From:VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Sent:Thursday, October 11, 2018 4:08 PM To:Jeff Rogers<Jeff@thanaples.com> Cc: KellyJohn<John.Kelly@colliercountyfl.gov>; SmithCamden<Camden.Smith@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject:Ad Approval for your review for PL20160001029 Bergeson/Mueller BDE Good Afternoon Jeff, Advertisement for: PL20160001029 Bergeson/Mueller BDE 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 Friday 10/12/2018 COB, your item may be continued. Respectfully, 9eddiea t/di dec 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@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http:/Jbit.ly/CollierZoning. Col&r 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. 2 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX)at 9:00 A.M.,November 8,2018.in the Hearing Examiner's meeting room,at 2800 North Horseshoe Drive,Room 609f610,Naples Fl 34104.to consider: PETITION NO.BDE-PL20160001029-STEVEN BERGESON AND CYNTHIA MUELLER REQUEST A 27-FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET ALLOWED BY SECTION 5.03.06 OF THE LAND DEVELOPMENT CODE. FOR A TOTAL PROTRUSION OF 47 FEET.TO ACCOMMODATE A NEW DOCKING FACILITY WITH ONE BOAT SLIP FOR THE BENEFIT OF LOT 5. BLOCK 7 OF THE GULF SHORES SUBDIVISION. ALSO DESCRIBED AS 3254 LAKEVIEW DRIVE. LOCATED ON THE WEST SIDE OF LAKEVIEW DRIVE. APPROXIMATELY 1.000 FEET WEST OF BAYSHORE DRIVE. IN SECTION 14. TOWNSHIP 50 SOUTH. RANGE 25 EAST, COLLIER COUNTY,FLORIDA. F- O tr J a. o n. PROJECT S; LOCATION Ce o 'P! �F tY o �` .c a) 10 CV .A II 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.Any person who decides to appeal any 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 to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled.at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East. Suite 101.Naples.Florida 34112-5356,(239)252-8380.at least two days prior to the meeting. Mark Strain. Chief Hearing Examiner Collier County.Florida October 14.2015 ND•2.I39425 I PROOF O.K.BY: . • '� --a 0 O.K,\ 'I I H CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT: 10/11/2018 1:02 PM SALES PERSON: Ivonne Gori PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE: 10/19/18 ND-2139428.INDD SIZE:3 col X 9.25 in Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Friday, October 12, 2018 4:14 PM To: Minutes and Records Cc: SmithCamden; CasanovaAlexandra; kelly,j; Teresa L. Cannon;VelascoJessica Subject: RE: Ad Approval for your review for PL20160001029 Bergeson/Mueller BDE This ad looks good here too. Thanks, Wanda Rodriguez, .ACP, CPJb1 Office of the County.Attorney (239)252-8400 From:VelascoJessica Sent: Friday, October 12, 2018 4:11 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; CasanovaAlexandra<Alexandra.Casanova@coiliercountyfl.gov>; KellyJohn <John.Kelly@colliercountyfl.gov>; Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: FW:Ad Approval for your review for PL20160001029 Bergeson/Mueller BDE Good Afternoon, Below you will find the applicants approval for this ad request, and attached is our Zoning Director's approval for this ad proof. Respectfully, Pedaea.' 'e€a4G4 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 http://bit.ly/CollierZoning. S&9tY 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 From:Jeff Rogers<Jeff@thanaples.com> Sent:Thursday, October 11, 2018 5:13 PM To:VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Cc: KellyJohn <John.Kelly@colliercountyfl.gov>;SmithCamden<Camden.Smith@colliercountyfl.gov>; CasanovaAlexandra<Alexandra.Casanova@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject: RE: Ad Approval for your review for PL20160001029 Bergeson/Mueller BDE Approved 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 Turrell Hall &Ass iarnc - environmentala�hng THE INFORMATION CONTAINED IN THIS TRANSMISSION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, WORK PRODUCT AND/OR EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT (OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT), YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US BY TELEPHONING US (COLLECT) AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE AT OUR EXPENSE. From:VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Sent:Thursday, October 11, 2018 4:08 PM To:Jeff Rogers<Jeff@thanaples.com> Cc: KellyJohn<John.Kelly@colliercountyfl.gov>; SmithCamden<Camden.Smith@colliercountyfl.gov>; Casa novaAlexandra<Alexandra.Casanova @colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject:Ad Approval for your review for PL20160001029 Bergeson/Mueller BDE Good Afternoon Jeff, Advertisement for: PL20160001029 Bergeson/Mueller BDE 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 Friday 10/12/2018 COB, your item may be continued. Respectfully, 9edaea (/e&wc Operations Coordinator-Zoning Division 2 Teresa L. Cannon To: NDN-Legals Subject: RE: NDN Display ad# 2139428; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 RE: BDE- PL20160001029 - Mueller Legals, Proof looks good, OK to run.Thanks From: NDN-Legals<legals@naplesnews.com> Sent:Thursday, October 11, 2018 2:30 PM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: NDN Display ad#2139428; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 RE: BDE-PL20160001029 - Mueller Hi Teresa, here's the ad for your approval: Display ad#2139428; Run Date: 10/19; Size: 3x9.25. Cost:$932.40 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:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent:Thursday, October 11, 2018 11:22 AM To: NDN-Legals<legals@naplesnews.com> Subject: BDE-PL20160001029 - Mueller Lega Is, Please advertise the attached Display Ad w/Map on Friday,October 19, 2018. Please confirm receipt of this ad request.Thanks Teresa Cannon, BMR Senior Clerk II Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Please visit us on the web at http://protect-us.mimecast.com/s/kZ rCKr7JZfXNIgRsMYc8T?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take 1 ?'apLri 4 � Battu r�vro 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 2139428 BDE-PL20160001029 4500186697 Pub Dates October 19,2018 --,7y412e," • (Sign ture of affiant) ..` —KAROLEKANGAS Sworn to and subscribed before me 1 &• •'° Notary Public�GGre�ME041d' This October 19,2018 , : MyComm.Explres1629,202 1 Braid Ih uO*Vona Wm An I 41111111 wo-L golco (Signature of affiant) NAPLESNEWS.COM 1 FRIDAY,OCTOBER 19,2018 1 21A NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Notice is hereby given that a public hearing will he held by the Collier County Hear fog Examker Hearing Examiner(HEX)at 9:00 A.M.,November 8,2018,in the Hearing (HEX)at 9:00 A.M.,November 8th,2018,in the Hearing Examiner's Meeting Room.at 2800 Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610, North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: Naples Fl 34104,to consider: PETITION NO. VA-PL20180001716 - SOUTHPOINTE AT WINDSTAR MARINA PETITION NO.VA-PL20180001748-MITCHEL AND KARYN COOPER REQUEST ASSOCIATION,INC.AND WINDSTAR ON NAPLES BAY MASTER ASSOCIATION, A VARIANCE FROM SECTION 5.03.06 E.OF THE LAND DEVELOPMENT CODE INC.REQHESTA VARIANCE FROM SECTION 5.0302OF THE LAND DEVEI OPMENT TO REDUCE THE MINIMUM SIDE YARD SETBACK FOR A BOAT DOCK FACILITY CODE,WHICH LIMITSFENCESANDWALLSWITHIN ARESIDENTIALCOMPONENT FROM 7.5 FEET TO 1.3 FEET ON THE NORTH SIDE OF THE PROPOSED BOAT OF APUD TO A MAXIMUM HEIGHT OF 6 FEET,TO INSTEAD ALLOW AMAXIMIIM DOCK,AND FROM 7.5 FEET TO 2.1 FEET ON THE SOUTH SIDE OF THE IIEIGIIT OF 8 FEET,FOR A PROPOSED 8 FOOT WALL THAT WILL REPLACE AN PROPOSED BOAT DOCK,FOR PROPERTY LOCATED AT 37 PELICAN STREET, EXISTING 6 FOOT FENCE LOCATED ON TIIE SOUTH SIDE OF GULFSTAR DRIVE ON THE NORTH SIDE OF PELICAN STREET,APPROXIMATELY 1000 FEET SOUTH,ON TIIE WEST SIDE OF HAMILTON AVENUE.IN SECTION 23,TOWNSHIP WEST OF CAPRI BLVD.,IN SECTION 31,TOWNSHIP 51 SOUTH,RANGE 26 50 SOUTH,RANGE 25 EAST.COLLIER COUNTY.FLORIDA. EAST,COLLIER COUNTY,FLORIDA,CONSISTING OF 0.1B±ACRES. z Cap,/ r°a R Cap„, D PROJECT o_ l: PLOCATIION x LOCATION yah Rattlesnake I......• m rhav ass ,DR(. Hammock RD -Ilene Gulhtar DR S All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can Ae;nterestea ties are invited toilandbe hears.All materials used in [anon before be reviewed at the Collier County Growth Management Department,Zoning parappear presentation Division,Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. the Hearing Examiner will become a permanent pan of the record. Copies of staff report are available one week prior to the hearing.The file can be reviewed at the The Hearing Examiner's decision becomes final on the date rendered.Any c Mier County Growth Management Department,7 Hing Division,zoning Services Section, person who decides to appeal any decision of the Hearing Examiner will need a 2800 North Horseshoe Drive,Naples,FL. 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 The blearing Examiner's deeision becomes final on the date rendered.Any person who decides testimony to evidence upon which the appeal is based. to appeal any decision of the Hearing Examiner will mad a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceodings is made. If you are a person with a disability who needs any accommodation in order to which record includes the testimony to evidence upon which the appeal is based. 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 II'you are a penton with a disability who needs any a«ammadal,oe in artier to participate in Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112- this proceeding,you are endued,at no Boat to you,to the provision of eenain assratan«.Please 5356,(239)252-8380,at least two days prior to the meeting. contact the Collier County Facilities Maoagemem Division batted at 3335 Tamiami Trail East, Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Mark Strain, Chief Hearing Examiner Chief Hearing Examiner Collier County,Florida Collier County,Florida October 19,2018 ND-2139424 October 19 mss v0.213v3s itit NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX)at 9:00 A.M.,November 8,2018,in the Hearing Examiners meeting room,at 2800 North (HEX)at 9:00 A.M.,November B,2018,w the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider. PETITION NO.BDE-PL20160001029-STEVEN BERGESON ANDCYNTIIIA MUELLER PETITION NO.BDE-PL20180001018-MITCHEL AND KARYN COOPER REQUEST A REQUEST A 27-FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET 235-FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET ALLOWED BY ALLOWED BY SECTION 5.03.06 OF THE LAND DEVELOPMENT CODE,FOR A SECTION 5.03.06 OF THE LAND DEVELOPMENT CODE,FORA TOTAL PROTRUSION TOTAL PROTRUSION OF 47 FEET,TO ACCOMMODATE A NEW DOCKING FACILITY OF 255 FEET,TO ACCOMMODATE A NEW DOCKING FACILITY WITH ONE BOAT WITH ONE BOAT Sl.IP FOR THE BENEFIT OF LOT 5,BLACK 7 OF THE CROP SLIP FOR THE BENEFIT OF PROPERTY LOCATED AT 37 PELICAN STREET W,ON SHORES SUBDIVISION.ALSO DESCRIBED AS 9254 LAKEVIEW DRIVE,LOCATED THE NORTH SIDE OF PELICAN STREET W.,APPROXIMATELY 1000 FEET WEST OF ON THE WEST SIDE OF LAKEVIEW DRIVE.APPROXIMATELY 1,000 FEET WEST CAPRI BLVD.,IN SECTION 31,TOWNSHIP Sl SOUTH,RANGE 26 EAST,COLLIER OF BAYSHORE DRIVE,IN SECTION 14,TOWNSHIP 50 SOUTH,RANGE 25 EAST, COUNTY,FLORIDA. COLLIER COUNTY,FLORIDA. �T a 7 Capge`.0 iPROJECT r�iAN LOCATION I I I o �+i�p� ` PROJECT C 'C� �, LOCATION ,O g / m--m lican ST�f/- • 03 Vo 111 O �� All interested ties are invited to a d be heard.All materials used m Cation before All interested parties am invited to appear and be heard.All materials used in presentation before par appear an Presenthe Hearing Examiner Will become a permanent part of the record. the Hearing Examiner will become a permanent pan of the record. Copies of staff report arc available one week prior to the hearing.The file can be revi d at the 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, Collier(:aunty Growth Management Department,Zoning Division.Zoning Services Section. 2800 North Horseshoe Drive,Naples,FL. 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiners decision hecomex final on the date rendered.Any person who decides The Hearing Euuanarr's decision becomes final on the date rendered.Any person who decides to appeal any decision of the!fearing Examiner will need a record of the proceedings pertainingto appeal any 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, thereto and therefore may need to ensue that a verbatim record of the proceedings is made. which record includes the testimony to evidence upon which the appeal is based. which record includes the testimony to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in If you area 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 Ih;s proceeding,youare entitled,at no cost W you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division located at 3335 Tam[mi Trail East, contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suit.101,Naples,Florida 34112-5956,(239)252-8380,at least two days prior to the meeting. Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Mark Strain, Chief Hearing Examiner Chief Ilcaring Examiner Collier County,Florida Collier County.Florida NAPLESNEWS.COM 1 FRIDAY, OCTOBER 19, 2018 1 21A-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.,November 8th,2018,in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: PETITION NO. VA-PL20180001716 - SOUTHPOINTE AT WINDSTAR MARINA ASSOCIATION, INC. AND WINDSTAR ON NAPLES BAY MASTER ASSOCIATION, INC.REQUEST A VARIANCE FROM SECTION 5.03.02 OF THE LAND DEVELOPMENT CODE,WHICH LIMITS FENCES AND WALLS WITHIN A RESIDENTIAL COMPONENT OF A PUD TO A MAXIMUM HEIGHT OF 6 FEET,TO INSTEAD ALLOW A MAXIMUM HEIGHT OF 8 FEET, FOR A PROPOSED 8 FOOT WALL THAT WILL REPLACE AN EXISTING 6 FOOT FENCE LOCATED ON THE SOUTH SIDE OF GULFSTAR DRIVE SOUTH,ON THE WEST SIDE OF HAMILTON AVENUE,IN SECTION 23,TOWNSHIP 50 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA. a 0 o ix :,G a PROJECT o d LOCATION o th 3,d 15 Rattlesnake m Thomasson OR!� Hammock RD Gulfstar DR S w+E S All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division,Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered.Any person who decides to appeal any 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 to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida October 19,2018 ND-2139438 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.,November 8,2018,in the Hearing Examiner's meeting room,at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: PETITION NO.BDE-PL20160001029-STEVEN BERGESON AND CYNTHIA MUELLER REQUEST A 27-FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET ALLOWED BY SECTION 5.03.06 OF THE LAND DEVELOPMENT CODE, FOR A TOTAL PROTRUSION OF 47 FEET,TO ACCOMMODATE A NEW DOCKING FACILITY WITH ONE BOAT SLIP FOR THE BENEFIT OF LOT 5, BLOCK 7 OF THE GULF SHORES SUBDIVISION ALSO DESCRIBED AS 3254 LAKEVIEW DRIVE, LOCATED ON THE WEST SIDE OF LAKEVIEW DRIVE, APPROXIMATELY 1,000 FEET WEST OF BAYSHORE DRIVE, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA. __ __I ! F-Z .. CC _ a -�o . ' as ,. =T PROJECT t _ - LOCATION a� s ' / / �d-1, I , r / f td m I / — r1. ..._... L, 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.Any person who decides to appeal any 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 to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida October 19,2018 ND-2139428 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., November 8, 2018, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples Fl 34104, to consider: PETITION NO.VA-PL20180001748—MITCHELAND KARYN COOPER REQUEST A VARIANCE FROM SECTION 5.03.06 E. OF THE LAND DEVELOPMENT CODE TO REDUCE THE MINIMUM SIDE YARD SETBACK FOR A BOAT DOCK FACILITY FROM 7.5 FEET TO 1.3 FEET ON THE NORTH SIDE OF THE PROPOSED BOAT DOCK, AND FROM 7.5 FEET TO 2.1 FEET ON THE SOUTH SIDE OF THE PROPOSED BOAT DOCK, FOR PROPERTY LOCATED AT 37 PELICAN STREET, ON THE NORTH SIDE OF PELICAN STREET, APPROXIMATELY 1000 FEET WEST OF CAPRI BLVD., IN SECTION 31, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 0.18±ACRES. Capri PROJECT LOCATION v I -i- RI to 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. Any person who decides to appeal any 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 to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida October 19, 2018 ND-2139424 jOTICE Off' PUBLIC H . '. Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (I-IEX)at 9:00 A.M.,November 8,2018,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: PETITION NO. BDE-PL20180001018—MITCHEL AND KARYN COOPER REQUEST A 235-FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET ALLOWED BY SECTION 5.03.06 OF THE LAND DEVELOPMENT CODE,FOR A TOTAL PROTRUSION OF 255 FEET,TO ACCOMMODATE A NEW DOCKING FACILITY WITH ONE BOAT SLIP FOR THE BENEFIT OF PROPERTY LOCATED AT 37 PELICAN STREET W,ON THE NORTH SIDE OF PELICAN STREET W,APPROXIMATELY 1000 FEET WEST OF CAPRI BLVD., IN SECTION 31, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA. CaP�i e` ice, \ --,-; x PROJECT �u., LOCATION � n ?can$ �� m �o toN 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.Any person who decides to appeal any 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 to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida October 19,2018 ND-2139412 COURT REPORTER AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,NOVEMBER 8,2018 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING®ULATION 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 TIE.REFORE 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-PL20180001716—Southpointe at Windstar Marina Association,Inc. and Windstar on Naples Bay Master Association, Inc. request a variance from Section 5.03.02 of the Land Development Code, which limits fences and walls within a residential component of a PUD to a maximum height of 6 feet,to instead allow a maximum height of 8 feet, for a proposed 8 foot wall that will replace an existing 6 foot fence located on the south side of Gulfstar Drive South, on the west side of Hamilton Avenue, in Section 23, Township 50 South, Range 25 East, Collier County, Florida. [Coordinator: Timothy Finn,AICP,Principal Planner] NOTE: This matter will not be heard at the November 8, 2018 HEX Meeting and will be re- advertised at a later date to be heard by the Collier County Planning Commission. B. PETITION NO. BDE-PL20180001018— Mitchel and Karyn Cooper request a 235-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 255 feet, to accommodate a new docking facility with one boat slip for the benefit of property located at 37 Pelican Street W., on the north side of Pelican Street W., approximately 1000 feet west of Capri Blvd., in Section 31, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: Gilbert Martinez, Principal Planner] NOTE: This matter will not be heard at the November 8, 2018 HEX Meeting and will be re- advertised at a later date to be heard by the Collier County Planning Commission. C. PETITION NO. VA-PL20180001748— Mitchel and Karyn Cooper request a variance from Section 5.03.06 E. of the Land Development Code to reduce the minimum side yard setback for a boat dock facility from 7.5 feet to 1.3 feet on the north side of the proposed boat dock, and from 7.5 feet to 2.1 feet on the south side of the proposed boat dock, for property located at 37 Pelican Street, on the north side of Pelican Street, approximately 1000 feet west of Capri Blvd., in Section 31, Township 51 South, Range 26 East, Collier County, Florida, consisting of 0.18± acres. [Coordinator: Gilbert Martinez, Principal Planner] D. PETITION NO. BDE-PL20160001029— Steven Bergeson and Cynthia Mueller request a 27- foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 47 feet, to accommodate a new docking facility with one boat slip for the benefit of Lot 5, Block 7 of the Gulf Shores subdivision, also described as 3254 Lakeview Drive, located on the west side of Lakeview Drive, approximately 1,000 feet west of Bayshore Drive, in Section 14, Township 50 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] 4. OTHER BUSINESS 5. PUBLIC COMMENTS 6. ADJOURN AGENDA ITEM 3-A Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION-ZONING SERVICES SECTION HEARING DATE: NOVEMBER 8, 2018 SUBJECT: PETITION VA-PL20180001716 (GULFSTAR DRIVE/SOUTH BOUNDARY 8 FOOT WALL) PROPERTY OWNERS/AGENT: Owners: Agent: Southpoint at Windstar Marina Association, Inc. John Ribes,Architect Tom Watts, Vice President JRL Design Studios, Landscape Architecture 5065 Yacht Harbour Circle 1020 8th Avenue South Naples, FL 34112 Naples, FL 34102 Windstar on Naples Bay Master Association,Inc. Pasquale Razzano, President 8825 Tamiami Trail East Naples, FL 34113 REQUESTED ACTION: To have the Collier County Hearing Examiner(HEX) consider an application for a variance from Section 5.03.02 of the Land Development Code (LDC) which limits fences and walls within a residential component of a PUD to a maximum of 6 feet,to instead allow a maximum height of 8 feet, for a proposed 8-foot wall that will replace an existing 6-foot fence. GEOGRAPHIC LOCATION: The subject property is located on the south side of Gulfstar Drive South, on the west side of Hamilton Avenue, in Section 23, Township 50 South, Range 25 East, Collier County, Florida. (See location map on page 2). VA-PL20180001716(Gulfstar Drive/South Boundary 8 Foot Wall) Revised: October 29,2018 Page 1 of 7 ) z 19 (.2. cn1an. o 0 1- R R g W — ` 1 - g?u i . f = 0) ) a a I en V ea = )pX= a 0) _ \,( m cn p 0 0 P) R p O Q. f) 9 (13 Olaw a Y tpo R (*) •) Si ) o[ 1 0 v " ) z .� .J a) _.r � ri N Q. Z \ ); ta ( R rcO r . d () a . CD j `, 4 1�-; g§ s(� itl a CD; s+i• •4�. 3 a a a LL W O 7 ,yam iu. •o 01 CO 3I3E1 . 20a x V a l'" ' F/ 1 1 CC@ 1 1 N J 41) E U,a Z Z 1. u azo C C4 0 I— 0 SAVtt(u,re}.1 a m ,rt,*:;.�jv.LXJ0 { (yar.A cc� • i u G i 2 cal • 3 f V x Ye� J 1 njr. jQ at & 8 VA-PL20180001716(Gulfstar Drive/South Boundary 8 Foot Wall) Revised: October 29,2018 Page 2 of 7 PURPOSE/DESCRIPTION OF PROJECT: Per Section 5.03.02 of the LDC, fences and walls within a residential component of a PUD are limited to a maximum height of 6 feet. The petitioner is requesting to replace an existing 6-foot fence with an 8-foot wall located on the south side of Gulfstar Drive South in the Southpointe Yacht Club PUD. 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: Gulfstar Drive South (local road), then multi-family residential with a current zoning designation of Southpointe Yacht Club PUD East: Hamilton Avenue (local road), then undeveloped land with a current zoning designation of Naples Botanical Gardens PUD South: Developed single-family residential, with a current zoning designation of Residential Multi-Family-6 District(RMF-6) West: Undeveloped land within the City of Naples,with a current zoning designation of Residence District(R.1-7.5) ,,,.. o goof iki. Ny— rit ..y 040 . 14 6, t Ilit. 4Ir / 4"14 401 lik. PI" 46, f . 4-i.,1 ,r Iflt "--Npos...Iocat foot wal 1' / :' 1: .' t I '.. i - . di4e1 , c 'll ,i J ,t. i {t it "►'f�i I . • K " t 0 . w A a. if. : `� ` .mss . S'.' x f w.wt p, x*�� 7 �' -«;,'?` n it Ix . 7 , i - . iii,ei" t3/4-;--- ,,,P14: 4 ' Ohlr ' i Aerial(County GIS) VA-PL20180001716(Gulfstar Drive/South Boundary 8 Foot Wall) Revised: October 29,2018 Page 3 of 7 GROWTH MANAGEMENT PLAN(GMP) CONSISTENCY: The subject property is located within the Urban Coastal Fringe Subdistrict of 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 a variance to replace an existing 6-foot fence with an 8-foot wall located on the south side of Gulfstar Drive South. 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: During Hurricane Irma, the existing six-foot chain link fence and the perimeter landscape buffer were damaged and has resulted in increased noise and safety concerns to abutting residences. As such,the property owners have decided that replacing the fence with an eight-foot precast concrete wall will promote the privacy and security for both the residences of Windstar Community and the Danford Street homes. The wall is proposed to be 6 feet inside the property line running east/west parallel to the south property line. The wall will be situated six feet north of the south property line and situated at the same existing elevation along the south property line. (See Attachment A — Sheet LA-104) The east commencement of the proposed wall will be at the Windstar entry monument sign which is located at the intersection of Gulfstar Drive and Hamilton Avenue adjacent to the southeast boundary marker of the Windstar Community. The wall will then proceed west at 1,240 linear feet and will terminate at the entrance gate to Southpointe Yacht Club near the City of Naples/Collier Collier County boundary line. (See Aerial on page 3) Since the subject property was developed with multi-family dwellings and single-family homes located adjacent to the southern property line, a Type "B" buffer is required. Per Section 4.06.02.C.2 of the LDC,when a wall is located within.a buffer,at least 50%of the buffer trees and shrubs are required to be on the outside of the wall. (See Attachment A — Sheet LA-104) The existing drainage and storm water management will not be impacted or altered, and no dredging or filling is required. Moreover,the petitioner will incorporate the following designs regarding the construction of the wall: 1. The ridge line 10' South of South edge of Gulfstar Drive will be maintained 2. The minimum slopes will provide positive run-off to existing South property line.The swale thus maintaining existing approved storm water management will be in place 3. The base of wall will be set 6'North of South property line to maintain existing swale. (See Attachment A—Sheet LA-103);Grades will be set prior to construction to assure this criteria +/- 6"12" above center line of swale 4. The swale will be cleared and graded to maintain existing and minimum gradient flow to the west 5. The wall is a precast concrete wall with columns 15'c/c and only the columns will have 24" diameter&3'depth concrete footings.The wall panels between columns will float minimum 2" above final grade to allow surface water thru/under wall to swale. Because the City of Naples is immediately west of the subject property, Zoning Division staff attempted to contact the Planning Director to review this petition and to provide any comments. Comments were not received within the timeframe given by Zoning Division staff and as such the VA-PL20180001716(Gulfstar Drive/South Boundary 8 Foot Wall) Revised: October 29,2018 Page 4 of 7 City of Naples has not indicated it has an issue with the proposed wall. Furthermore, the subject property is within the Bayshore/Gateway Triangle Community Redevelopment Area(BGTCRA). Zoning Division staff had received correspondence from the BGTCRA that they have no issue with this proposed wall;however, staff has received one letter of opposition. (See Attachment C— Correspondence) The decision to grant a variance is based on the criteria in LDC Section 9.04.03. A.through H. (in bold font below). 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? Yes, the existing six-foot, chain link fence and landscape buffer were destroyed by the hurricane, thereby creating a loss of security and privacy and additional noise for both the Windstar Community and the Danford Street residences. The wall location and alignment will have no public frontage and it is interior to the property only visible to the Windstar Community and the Danford Street homes visible from their backyards. 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? Yes,the hurricane destroyed the existing fence.Therefore,this did not result from any action by the applicant. 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, if the destroyed fence is left as is, this scenario will limit the privacy and security and increased noise for the Danford Street residences and the Windstar Community. 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 the increase in wall height from six to eight feet. 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 wall height VA-PL20180001716(Gulfstar Drive/South Boundary 8 Foot Wall) Revised:October 29,2018 Page 5 of 7 increase. 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. 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? The approval of the Variance will not be injurious to the neighborhood or detrimental to the public welfare. Approval of the variance will result in improving the privacy and security of abutting properties, improves noise abatement, and protects neighborhoods with enhancing community identity. 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, "Existing perimeter landscape buffer exceeded the minimum required Type A provided 100% opacity was 80% destroyed by Hurricane Irma. The Type A Buffer will be replaced in accordance with the LDC Section 4.06.02 C-1 Table 2.4 in conjunction with the proposed wall installation. To a type B buffer with 50% of planting on adjacent property side of wall. Additionally, supplemental plantings between the 10'wide buffer and the south curb of Gulfstar Drive will be installed to assist in enhancing and improving the privacy, security and noise abatement on both sides of the South Perimeter Landscape Buffer."Staff concurs with this statement. h. Will granting the Variance be consistent with the GMP? Approval of this Variance will not affect or change the requirements of the GMP. 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 PL20180001716 revised on October 18,2018. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition VA- PL20180001716, Gulfstar Drive Variance to allow a maximum height of 8 feet, for a proposed 8- foot wall that will replace an existing 6-foot fence. Attachments: A) Supplemental Exhibits,revised 10-9-18 B) Backup Materials C) Correspondence VA-PL20180001716(Gulfstar Drive/South Boundary 8 Foot Wall) Revised: October 29,2018 Page 6 of 7 PREPARED BY: /0- J - ) ' TIMOTHY F ' , AICP,PRINCIPAL PLANNER DATE ZONING DIVISION-ZONING SERVICES SECTION REVIEWED BY: 1 _ /0A4//8 RAYM G E BELLOWS,ZONING MANAGER D ZONI DIVISION-ZONING SERVICES SECTION MICHAEL BOSI,AICP,DIRECTOR DATE ZONING DIVISION VA-PL20180001716(Gulfstar Drive/South Boundary 8 Foot Wall) Revised:October 15,2018 Page 7 of 7 Attachment A 1 g rn 0 na 7C T •r. ■s• ..-t. •'�.00 NI n • PPIL•PAPIt 1P• N N 00 [3 R ; i 1�titwrr.�•TTr ,•ti i v, . -4'1/4;1. 'riffi ti7rr: rFFi Era!! co !ill, . ; f. ! N 03i V 1 1. y �S v. rn $ @• • . -r t:ctsts`:ssiitst • 'V 1.3 1. a• • • " I 1: i -.Ri i'' ' 1/441::41. •"'4.4.1( 1 2 0 s` 1 3 N r-s -- Q : co sit ....1., i . le: 1 ,`Aai 1 S'7��,' i� i (\\.•• 4 ( (AD C N < .: • As ti. g� ..0 N (�� O N J , .--" i 7 2 . i , Qp�< ' r �n�� ! s w r- DO .l„r „Ili. 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' ` ' '�' .r. o • - or'''' " 3 c 44 5 a 74 to ,-- d' u At t __,_.„, __ _:.....,.. ,. 0, -,:i 0. , , , ,_ 0.-„,..,.. „,, 10 76 ,._.r.s, D c { d Attachment B JRL John P.Ribes, FASLA DESIGN STUDIOS 1020 8th Avenue South,Suite 1 NAPLES, FLORIDA 239-261-4007 October 21, 2018 BACK UP SUBMITTAL PACKAGE Provided By Applicant: Windstar On The Gulf Gulfstar Drive Variance PL201180001716 Index of Submittal Hearing Package Checklist 1. Index 2. Narrative of Request 3. Application 4. Property Ownership Disclosure Form 5. Other Documents: Petition Type 6. Windstar Supplemental Exhibits 7. Affidavit of Compliance/Address Labels/Property Owner letter 8. Affidavit of Authorization 9. Drawings: Wall Plan and Cross Section 10. Legal Description 11 . Engineering Report 12. Boundary Survey 13. Other Documents Exhibits F (QCD), Exhibit H (Amendment) 14. CD or Flash Drive 1020 Eighth Avenue South, Suite 1, Naples, Florida 34102 T. 239.261.4007 - F. 239.261.5378 email: studio@jrl-design.com website: www.jrl-design.com 1 Re-Submittal Revised Submittal Date 10-22-2018 Exhibit I Pg. I-I April 25, 2018 WINDSTAR VARIANCE APPLICATION GULFSTAR DRIVE/SOUTH BOUNDARY: 8' WALL NATURE OF PETITION NARRATIVE: REQUEST VARIANCE FORA DIMENSIONAL DEVELOPMENT STANDARD LDC SECTION 9.04002 1. DETAILED EXPLANATION Request to replace an existing 6' chain link fence {80% damaged by Hurricane Irma}on the South property line with an 8' high precast concrete wall The wall will be set 6' inside of the property line . The South property line abuts the backyards of single family homes {#}facing Danford Street to the South {parcel is zoned RMF-6}and Gulfstar Drive and Southpointe Yacht Club parking to the North. The East commencement of the proposed wall is the Windstar Entry Monument at the intersection of Gulfstar Drive and Hamilton Avenue near the Southeast boundary marker of the Windstar Community. It proceeds West 1278.94 +/- linear feet and terminates at the entrance gate to Southpointe Yacht Club near the Collier County/City of Naples boundary limits. The basis of the request is generated by the destruction of the existing chain link fence and the perimeter landscape buffer {80% damage} caused by Hurricane Irma resulting in substantial impact and exposure to the privacy, security and noise abatement for both the residences of Windstar and the Danford Street homes. 2. PER LDC SECTION 9004.02 VARIANCE REQUEST. The variance request is a dimensional and materials change of an existing 6' chain link fence {80% damaged} to an 8' precast concrete wall. The wall is proposed to be 6' inside the property line running East/West parallel to the South property line 6' north of the South property line and at the same existing elevation along the property line. The existing drainage and storm water Pg. 1-2 management will not be impacted or altered and no dredging or filling is required. 3. PURSUANT TO LDC SECTION 9004.00{a-h} a. Special conditions and circumstances peculiar to the variance request: • Existing landscape buffer and 6' chain link fence 80% destroyed by Hurricane Irma creating a loss of security, privacy and noise abatement for both entities North and South of the South property line. • Wall location and alignment has no public frontage, it is interior to the property visible only to the Windstar and Danford Street {North side}{from their backyards} residents. b. Special conditions not actions of the applicant: • Destruction caused by hurricane Irma. • Current FEMA Finish Flood Flood Plane Elevation criteria increases the finish floor building elevation substantially from when the original Danford houses were built prior to 1990{?} resulting in rendering a 6' high wall ineffective relative to privacy, security and noise abatement. • The Danford Street property is zoned RMF-6. Development criteria in this zone classification yields a higher density and building heights rendering a 6' wall ineffective relative to privacy, security and noise abatement. c. Unnecessary and undue hardship: • Limits privacy, security and noise abatement North and South of South property line. • Impacts responsibility of the Windstar Master Property Owners Association in exercising its duty of enforcing the Windstar PUD covenants, restrictions and maintaining the enjoyment of the residents, maintaining its standards of quality and real estate value as outlined by Chapters 720 and 617 of the Florida State Statutes. d. Minimum Variance possible: • Request is for variance to increase the wall/fence height from 6' {per LDC code} to 8' height and a change of materials from chain link fence to precast concrete. The change is an enhancement to the properties impacted; improves the privacy, security and noise abatement of the properties impacted; and due to its interior location has no public frontage is the minimum variance request possible, e. Special privilege to petitioner: Pg. 1-3 • The LDC criteria for a perimeter landscape buffer for a residential PUD when the abutting parcels are residential and similar in zoning and land use is a minimum Type A buffer of 10'. If a wall is incorporated the LDC Section 4.06.00 limits height to 6'. On the basis of the LDC criteria the variance request of a 2' height increase could be considered a privilege to the petitioner. However 2 factors should be considered in evaluating a "special privilege" classification; 1. The variance provides improvement and enhancement to the abutting properties. 2. The petitioner does not have any knowledge if any similar variance has been granted to other residential PUD's under the same or similar circumstances. f. Harmony with Zoning Code: • Reduces potential incompatibility of adjacent land uses. • Protective of neighborhoods and enhances community identity. • Eliminates or minimizes negative effects between adjacent land uses of potential nuisances such as dirt, litter, noise, lights, unsightly buildings or structures, offstreet parking as outlined in LDC Section 4.06.01 A-2 {aek}. • Improves privacy and security of abutting properties. • Respects code relative to health, safety and welfare. • Improves noise abatement for Danford Street residences from Gulfstar Drive and Southpointe Yacht Club off-street parking. • Interior location has no negative impact on public welfare. g. Natural/physical conditions: • Existing Perimeter landscape buffer exceeded the minimum required Type A provided 100%opacity was 80%destroyed by Hurricane Irma. The Type A Buffer will be replaced in accordance with the LDC Section 4.06.02 C-1 Table 2.4 in conjunction with the proposed wall installation. To a type B buffer with 50%of planting on adjacent property side of wall. Additionally, supplemental plantings between the 10' wide buffer and the south curb of Gulfstar Drive will be installed to assist in enhancing and improving the privacy, security and noise abatement on both side of the South Perimeter Landscape Buffer. h. Growth Management Plan: • The requested variance is consistent with the GMP Pg. 1-4 4. ZONING VERIFICATION There has been no zoning verification rendered on the property within the last year. Revision Submittal Date 07-16-2018 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.coiliergov.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 A s ene ""a rec or As an• owner Name of Applicant(s): For and Behalf of Windstar Master Association&Sbuthpointe at Windstar Marina Address: 1700 WINDSTAR BLVD City: NAPLES state: FL ZIP: 34112 Telephone: 239-775-3400 X 202 Cell: 239-280-7711 Fax: E-Mail Address: master@windstaronnaplesbay.net Name of Agent: John Ribes, Architect Firm: JRL Design Studios, Landscape Architecture Address: 1020 8th Avenue South City: NAPLES State: FL ZIP: 34102 Telephone: 239-261-4007 Cell: Fax: E-Mail Address: ribes@jrl-design.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Page 1 of 6 Revision Submittal Date 07-16-2018 Co ib 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: 74101000359 Section/Township/Range: 23 /50 /25 Subdivision: Unit: Lot: Block: Metes& Bounds Description: Total Acreage: Address/General Location of Subject Property: 2098 GULFSTAR DR S Naples, FL 34112 ADJACENT ZONING AND LAND USE Zoning Land Use N PUD MULTIFAMILY S RMF-6 Single family homes E PRESERVE-BOTANICAL GARDEN NAPLES BOTANICAL GARDEN W PUD MARINA/MF MARINA -MULTI FAMILY Minimum Yard Requirements for Subject Property: Front: N/A Corner Lot: Yes No ❑ Side: N/A Waterfront Lot: Yes No ❑ Rear: N/A 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. r. Page 2 of 6 Revision Submittal Date 07-16-2018 fp) 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: Windstar on Naples Bay Master Association, Inc. Mailing Address: 1700 Windstar Blvd City: Naples State: FL ZIP: 34112 Name of Homeowner Association: SOUTHPOINTE AT WINDSTAR MARINA ASSOCIATION Mailing Address: PO BOX 110339 City: Naples State: FL ZIP: 34108 Name of Homeowner Association: ISLAND AT SOUTHPOINTE HOA Mailing Address: 8$25 TAMIAMI TRAIL E City: NAPLES State: FL Zip: 34113 Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: 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. C Page 3 of 6 Revision Submittal Date 07-16-2018 Co er County C COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.coltiergov.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? 0 Yes No If yes,please provide copies. Page 4 of 6 Revision Submittal Date 07-16-2018 Co �ie 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 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) ❑ ❑ ❑ Pre-Application Meeting Notes 1 ❑ ❑ Project Narrative ❑ ❑ ❑ Completed Addressing Checklist 1 ❑ ❑ Conceptual Site Plan 24"x 36"and one 8%2"x 11"copy ❑ ❑ ❑ Survey of property showing the encroachment(measured in feet) 2 ❑ ❑ Affidavit of Authorization,signed and notarized 2 ❑ ❑ _ Deeds/Legal's 3 ❑ ❑ Location map 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 ❑ ❑ Environmental Data Requirements or exemption justification 3 ❑ ❑ Once the first set of review comments are posted, provide the assigned 1 ❑ ❑ 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. Page 5 of 6 Revised Submittal Date 07-16-2018 C COli.iCr 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: O Bayshore/Gateway Triangle Redevelopment: ❑ Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet ❑ Addressing:Annis Moxam ❑ Graphics:Mariam Ocheltree ❑ City of Naples: Robin Singer,Planning Director ❑ Historical Review ❑ Comprehensive Planning:See Pre-Application ❑ Meeting Sign In Sheet Immokalee Water/Sewer District: ❑ Conservancy of SWFL: Nichole Ryan ❑ Parks and Recreation:Vicky Ahmad ❑ County Attorney's Office:Heidi Ashton-Cicko ❑ Transportation Pathways:Stacey Revay ❑ Emergency Management:Dan Summers;and/or DSchool District(Residential Components):Amy EMS:Artie Bay Heartlock ❑ Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky ❑ Other: ❑ Utilities Engineering: Eric Fey I FEE REQUIREMENTS Pre-Application Meeting:$500.00 0 Variance Petition: { 0 Residential-$2,000.00 O Non-Residential-$5,000.00 O 5th and Subsequent Review-20%of original fee 0 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 thatfailure 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 ifir Naples,FL 34104 ' 07-16-2018 Applicant ignature Date John Rib C, Printed Name Page 6 of 6 Revised Submittal Date 07-16-2018 Pg. E-1 Re-Submittal Exhibit E .org Detail by Entity Nan-si-2 I Fra?4O1 Fat PM C<eporat,oe. SOuThPOINTE AT WNDSTAR MAP.NA ASSOCIATION ilsiO FRov into-m:0,0n De/tumor*Plumb*, NO7050(X)6209 FE VED4 Numbs( 65-0574ELIS Date Filed 11,1041997 State FL SUMO AC-rvE orincippi Addrzt.1 2675 S Horhoe t4c1 NAPLES. Ft 34112 Change.: 04/22/204 lidtadiry A cidrol cm)S..inOurs:Mana9erient cop PO Box i10339 NAPLES FL 34108 Changed 04122;20•4 F1t9advx-4 Asetz timrkt._ Av-onms- KuETER BEARLY 2675 S 14orsest*e Dv 1401 NAPLES FL 34112 Name Criangeo 042S,1011 Mcleess Cha- e4 3422f2014 Offmr.....12trlctoe Drtii Name&ikodress I Toe Pret,eaert . rerr, Revised Submittal 10-09-2018 Re-Submittal Pg. E-2 Exhibit E Fteidsa. yr 4976 Bi rd Cou1 NAPLES.FL 34112 Tit-4 Treas.rer HaVa111„DougtaS 3865 Clipper Dove Dr. NAPLES,FL 34112 Ifte Sevetary Hughes,Thomas 461G V* { Pi ES,EL 34112 lite DVP Herarnavgs, Card 1440 Guifster Dfive Napes,FL 34112 16 ee D ct c C11:46its,revorias{ 5C6-5 Yacht Harbour tiorv:os, Report Year Fid Date 2G16 04/1612C16 2017 4412712€917 2018 04f2812018 irs Er, e$ Re-Submittal Revised Submittal Date 7-16-18 Exhibit E Pg. E-3 C.Mer County CQEUER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.co Ureal net (239)252-2.400 FAX(239)252-6358 d. if the property is in the name of a !'NERAL or LIMITED PARTNERSHIP,list the name of the general and/or limited partners: _ _[_ , Name and Address _ -_`-Fi ref Ownership I ---74-4- 1 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 F ,_,, g /4- _ i t(( I 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 . :a_I_ __Y_ 1 F ,�/ g. Date subject property acquired .�ffJ f4 0 Leased:Term of lease /j years/months if,Petitioner has option to buy,indicate the following: Created 9/28/2017 Page 2 of 3 c. Re-Submittal Revised Submittal Date 07-16-2018 Exhibit E Pg. E-4 Cor County COLLIER COUNTY GOVERNMENT 2200 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www:collieraov,net (21 )732-Z4W FAX (239 752-63,1a Date of option: Date option terminates: or Anticipated closing date: Ai CAM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Owner;hip Ditalosure, will not be accepted without this form. Requirements for petition types are located on the associated app4Icarron form:Any change in ownership whether individually or with a Trustee,Company or other interest-Ptak/Mg party, must be do:closed to Cotner County immediately if=wiz change occurs f:giOf to the petition's final pikbric hearing. As the authorized agentlappriosnt for Mrs petition,I attest that ary of the information dgated on this checklist is included in'Cis?..ushrnittal package.I urxierstand that failure to include all necessary slibrrattal information may result in the delay of processing Mks petition. The completed application,.all required Submittal materials,and fces shall be submitted to: Growth Management Department ATTN:Business Center 28:00 North Horseshoe Dr-rve Naples,Ft 34104 A it. Agent/. er Signature Date S RIBES, AGENT Agent/Owner Name(please Print) Re-Submittal Revised Submittal Date 07-16-2018 Exhibit F Pg. F-1 2477992 OR: 2547 PG: 2322 UC6011 t!OIlICIII, UCCIDI of COLLIII COM, it 65/1111119 It 10.Mk DYKE!1. MI, Can! tt uc In ai,st Jt 0.1 DOC•.Tt T6 MMUS a IMP lets: 4501 tlY11EI !1 I i110 3PRTI 3011 5Ait!!i rift?! 1101 TAIWAN TRAIL N. NAPLES, FLORIDA 34103 lAlttt Tt 14103 30&0 ,,,,i,,p„"",���74423501688,.m 74101000359 num M Taft PADATA110DATAVIVELOP.WlW!IIiRSTACIASTSOMQUITCLAI MAO QUITCLAIM DEED This Quitclaim Deed, Made this r; day of ilei', / , 1999 A.D., Between Bast Sound Realty,Inc., a corporation existing under the laws of the State of Ohio oaIle Cwryyel Collier' ,Sore of Florida , "Grantor", .ad Saidipainte at Windstar Marina -, I ,\erporatioet existing under the laws of the State of/F �; wrt.as.dt..r�: 4029 - ,Naplaa,l r�da 341 is timca hereinafter referred to as"Grantee°and ..,.-••,- rcinafe3' -•.. .._to the Association"). ._._.i, do a' v t . 't 1).'...- _ — OoU.Ats, ma War good sad veinal. -• :,,�, to OItANTOR is . :•paid , e •.k EL tie receipt whereof is Mr.by ✓obwWeld,has 1126141d,. • "'i galiclaisad to t . � ' OLQfTBB'S occasion sad wigs hoover,,No followlag descrltrd ,lying..l bsiai is . 'tt•+.te( 011ier,Stan of Florida,to wit Tract"F SOUTHPOIN'I*A p `2i. :, • B A,according to the Plat thereof as recorded in Plat Book 23, :s. ,;72":"'of the Public Records of Collier County, Florida; TOGETHER WITH Lot 59, SOUTHPOINTE AT WINDSTAR MARINA,according to the Pitt thereof as recorded in Plat Book 23,Pages 88,89,and 90 of the Public Records of Collier County, Florida, LESS AND EXCEPT the westerly thirty-five (35) feet thereof; TOGETHER WITH Tract `B",Southpointe Yacht Club,Phase Two, according to the Plat thereof as recorded in Plat Book 22,Pages 52 and 53 of the Public Records of Collier County,Florida(hereinafter referred to as"Tract B"). The Grantor hereby aho grants and conveys to the Grantee a perpetual, nos-exclusive easement over any and all portions of Tract"A",Southpointe Yacht Club,Phase Two,according to the Plat thereof as recorded in Plat Book 22,Pages 52 and 53 of the Public Records of Collier County,Florida(hereinafter referred to as"Tract A")on'which any of the parking spaces,trash dumpier,and any related$c ilities located or partially located on Tract B encroach(any and all of such portions of Tract A being hereinafter collectively referred to as the"Encroachment Tract") for the purpose of the use,lighting,maintenance,repair,replacement, and reconstruction of said parking spaces,trash dumpster,and any related facilities. Without limiting the fact that this is a Quitclaim Deed,this Deed and conveyance is subject and subordinate to the lien of current taxes not delinquent. 1 Re-Submittal Revised Submittal Date 07-16-2018 OR: 2547 PG: 2323 Pg. F-2 Exhibit F Also subject to,however,a perpetual easement which is hereby reserved and granted and conveyed to The Windstar Master Association, Inc., a Florida corporation (the "Master Association"),its successors and assigns,over that portion of Tract B described on Exhibit"A" attached hereto and made a part hereof(said portion of Tract B being hereinafter referred to as the "Easement Tract"),for the purpose of the installation,use,irrigation,lighting,maintenance,repair, replacement, and reconstruction of landscaping. Except for the rights of any parties under any easements or any other matters now of record,said easement in favor of the Master Association shall be an exclusive easement,The Master Association,so long as it is the holder of said easement,or its successors in title,shall,at its own cost and expense, keep and maintain the Easement Tract and the landscaping located or to be located on the Easement Tract in good condition and repair and shall repair any damage to Tract B and/or Tract A caused by it in the exercise of its rights and obligations hereunder or otherwise,If the Master Association fails to do so the Marina Association may notify the Master Association thereof in writing. If said repair or maintenance is not commenced by the Muter Association within ten (10) days following receipt of said written notice, the Marina Association may,but shall not be required,to make and complete such repairs or maintenance at its own expense and shall be reimbursed by the Master Association for all such costs,together with interest thereon from the date advanced to the date paid at the rate of 18%per annum or the highest legal rate permitted by law,whichever is less,The Master Association shall make such reimbursement within ten(10)days after receipt of invoice showing amounts expended. The Marina Association, so long as it is the owner of Tract B and the holder of the aforesaid easement over the Encroachment Tract,or its successors in title,shall,at its own cost and expense, keep and maintain the Encroachment Tract and Tract B,less and except the Easement Tract,and any improvements located thereon,in good co..'''s t.-repair and shall repair any damage to Tract B and/or Tract A caused by it in doin! ..set f t-5 ; tli4- mina Association fails to do so the Muter Association may notify •r, • Associatr 1 - .•f in writing. If said repair or maintenance is not commenced,,y Marina Association wi n t- (10)days following receipt of said written notice,the Master As • too mater btr of be r ui ',to make and complete such repairs or maintenance at its 'wn x ense be ren bur r-. by e Marina Association for all such costs,together with in res r *13Fa tot e date paid at the rate of 18 per annum or the highest a ra��e •= tted I w,wh ve is 1 ss.The Marina Association shall make such reimburse ; s aftece,4,•f invoice showing amounts expended. /.a 'f0 pay The Marina Association,so to 'this the owner thereof,o�� ssors in title,shall a all taxes and assessments on Tract B,less -d he Easement �'g1for the year 1999 and thereafter as the same hereafter become due and patrto"r€ y delinquency and shall indemnify and hold the Master Association harmless therefromIftfe MariiIiAssociation shall fail to pay any said taxes and assessments,the Master Association may notify the Marina Association thereof in writing.If any said taxes and assessments and any and all penalties and interest thereon are not paid in full within ten(10)days following receipt of said written notice,the Master Association may,but shall not be required,to pay all of said taxes and assessments and any and all penalties and interest thereon at its own expense and shall be reimbursed by the Marina Association for all such costs,together with interest thereon from the date advanced to the date paid at the rate of 18%per annum or the highest legal rate permitted by law,whichever is less.The Marina Association shall make such reimbursement within ten(10)days after receipt of invoice showing amounts expended, The Master Association,so long as it is the holder of said easement,or its successors in title,shall pay all taxes and assessments on the Easement Tract for the year 1999 and thereafter,and shall pay any taxes and assessments on Tract A,as the same hereafter become due and payable and prior to any delinquency and shall indemnify and hold the Marina Association harmless therefrom. If the Master Association shall fail to pay any said taxes and assessments,the Marina Association may notify the Master Association thereof in writing. If any said taxes and assessments and any and all penalties and interest thereon are not paid in full within ten(10)days following receipt of said written notice, the Marina Association may, but except as provided in the next paragraph shall not be required,to pay all of said taxes and assessments and any and all penalties and interest thereon at its own expense and shall be reimbursed by the Master Association for all such costs, together with interest thereon from the date advanced to the date paid at the rate of 18%per annum or the highest legal rate permitted by law,whichever is less,The Master Association shalt make such reimbursement within ten(10)days after receipt of invoice showing amounts expended. -' 2 Re-Submittal Revised Submittal Date 07-16-2018 UK: 1)41 Yti: Li Li Pg. F-3 Exhibit F The Marina Association and the Master Association may attempt to have Tract B,less and except the Easement Tract,and the Easement Tract separately assessed for taxation,but if at any time they are not separately assessed the taxes and assessments on Tract B shall be allocated between the Marina Association and the Master Association as follows: (a) allocation of such taxes and/or assessments to the Master Association,if necessary,shall be made only for the amount so assessed for land, with assessments for any improvements to be allocated to the Marina Association; (b) allocation to the Master Association for the taxes or assessments due on such land of the Easement Tract shall be made on the basis of the number of acres contained in the Easement Tract compared to the number of acres included in the applicable real property tax parcel or parcels for all of Tract B;(e)the balance of the taxes and assessments included in the applicable real property tax parcel or parcels for all of Tract B shall be allocated to the Marina Association;(d)the Marina Association shall be obligated to pay the entire bill for all taxes and assessments on the entire Tract B in the same manner as it is required to pay the taxes and assessments as set forth above with the right of the Muter Association to cure as set forth above if the Marina Association does not do so;and(e)the Muter Association shall be obligated to pay or reimburse the Marina Association for any of such taxes and assessments allocable to the Master Association as aforesaid which are obligated to be paid by the Marina Association within ten(10)days after receipt of invoice showing amounts then due and owing with respect thereto and the calculation thereof in accordance with the foregoing. The Master Association shall indemnify and save the Marina Association and its members harmless from and against any and all damages,loss,judgments,costs,and expenses,including but not limited to,attorneys'fees through all trial and appellate proceedings,arising from or relating to any acts, errors,or omissions of the Master Association,its invitees,members,officers,directors,contractors, agents or any other authorized person, firm, or entity acting for or on behalf of the Master Association or any of said other parties, in the exercise of the rights and obligations under the aforesaid easement in favor of the Master' i her than any acts,errors or omissions of the Marina Association, its invitees, ie e tr s, contractors, agents or any other authorized person,firm,or ent g for or on behal 04 arina Association or any of said other parties. % The Marina Associations • •-. '1 .•-• •v- • stet _ • i tion and its members harmless from and against any and d. 'a:, s,l•ss tA• n t • ,s, d x nses,including but not limited to,attorneys'fees throu , • a,it 1-pt,•cee• g, •E, from or relating to any acts, errors,or omissions of the - • isnot,t ees,"• facers,directors,contractors, agents or any other autho person, firm, or e 'y , i ,,, or on behalf of the Marina Association or any of said of - •, ies,in the use,miiti operation of the Encroachment Tract and Tract B,less and ex•-p 1 Easement Tract,o' ' any acts,errors or omissions of the Master Association,its invit- oJf'l tors,contractors,agents or any other authorized person,firm,or entity ac' tlt{rjgr{ottb h f the Master Association or any of said other parties. It is understood and agreed that any maintenance,repair,or replacement to be done in accordance herewith shall be subject to and in compliance with the requirements of any and all applicable governmental laws,rules,regulations,and permits. In the event of any dispute under this instrument,the prevailing party or parties in any litigation shall be entitled to recover from any non-prevailing party or parties all costs and expenses including attorneys fees through all trial and appellate levels.By the acceptance by the the Master Association and the Marina Association of this instrument,the Master Association and Marina Association agree that the provisions of this instrument shall bind and inure to the Master Association and the Marina Association,their respective heirs,successors,assigns,successors in title,and legal representatives and shall run with the land referred to herein in perpetuity.There shall be no merger of any easement estate with any fee estate referred to herein by reason of the joinder of any such estates in one person or entity unless and until all persons having any interest in any such easement estate and fee estate shall execute and record a written instrument effectuating such merger in the Public Records of Collier County,Florida. To Have and to Hold the carne together with all singular the appurtenances thereunto belonging or in anywise appertaining,and all the estate,right,title,interest,lien,equity and claim whatsoever of Grantor,either in law or equity, for the use,basefd and profit of the said Grantee and the Master Association forever. (The balance of this page intentionally left blank) �.. 3 Re-Submittal Revised Submittal Date 07-16-2018 OR: 2547 PG: 2325 Pg. F-4 Exhibit F , Signature Pape for the QUITCLAIM DEED from East Sound Realty,Inc.to Southpointe at Windstar Marina Asaoctat1on,Inc. Ea Minas Whereof,the Grantor has bereuno act to head and seal the day and year tint above written. zsdr ds vee d to or presence: EAST SOUND REALTY,INC. a 61/LItiA-t By: ��✓k-.., t f' (Seal) Printed Name: ..1- 11.... ), (a,...,..0 Susan 3.H oson,Vice President Witness P.O.Address 4029 uydnowe Lace ' Naples,FL 34112 • Mad Name ..,/,Hr• dir f,„y•. (Corporate Seal) Witten STATE OF fll1;G COUNTY OF '"ro.4(1:n T e aoeotq Instrument wee acknowledged before me dile.•s'C 4a'day of 'TA',<«, y 1999 by Susan J. Hanson, Vice President of East SOMA Realty, Inc., an Ohio corporation, on behalf of the osrporadot a. efaoltr lmorrn to ane or has produced her as 1 k, . a d� My ,r,,, lest Sspires: \\ (Notary Seal) 7 IiF,-:•. :r 1 \,S-ISLAND Ibis Document Prepared y: (. icj V'�'�` R.Scott Price Esq. ("1 .� KELLY,PRICE,PASS O,SIKET&SOL i saW7rais 2644 Golden Gate Parkway, 315 Naples,Florida 34105 'ik i 4' r, PREPARATION OF INSTRDUiFN.� ~_. - , t�-,� !, VIEW OF TITLE OR BENEFIT OF TITLE OPINION. • -.r. .,• rzwav8a.or.umwure rarosArtsourAcourrcuu,oatese 0 4 Re-Submittal Revised Submittal Date 07-16-2018 OR 4512 PG 2577 Pg. G-1 Exhibit G Prepared by: Christopher N.Davies,Esquire • Swaim,Sourgeau&Davies,PA. 2375 Tarniami Trail,N.,Suite 308 Naples,Ft.34103 NOTE:SUBSTANTIAL REWORDING OF MASTER DECLARATION.PLEASE SEE ORIGINAL MASTER DECLARATION AS RECORDED IN OFFICIAL RECORDS BOOK 1075,PAGE 736, ET • SEQ.,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. SECOND AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS FOR WINDSTAR THIS SECOND AMENDED AND RESTATED MASTER DECLARATION FOR WINDSTAR(hereinafter referred to as the"Declaration")is made as of the 30th day of October,2009, by Windstar on Naples Bay Master Association, Inc., formerly known as The Windstar Master Association, Inc., hereinafter • referred to as"Association." WHEREAS, the Master Declaration of Covenants, Conditions & Restrictions for Windstar (the ' "Declaration") was originally recorded in Official Records Book 1075, pages 736 through 755, inclusive,of the Public Records of Collier Couity. lorida;and WHEREAS,the Declaration as origi "e b•• -• meat property described in Exhibit"A", and subsequently the real propefae e 1 ed in Exhibit": ="tet ed hereto and as set forth in the graphic indentified as Exhibit C; nom' WHEREAS,the Directors anc Uni Owiffsri •w,yl ire of make fu er mendments to the Declaration which they deem necessary-nd•- -• - ,• • n WHEREAS,such action is p=rr�i. -d6.. t--r! f a pro isi ns t e Declaration;and WHEREAS, after notice anal'- ussion, and after r? •m nd3tia and approval, the Board of Directors of Windstar on NapVt,:.-y Master Associaf .7-•,, n ., 'A"` ntto the amendment powers contained in the Declaration, `i' his Second Amend- rti estated Master Declaration of Covenants,Conditions,and Rest ti•- •r Windstar. NOW THEREFORE, in consideration • -.61 rte_ riginal recorded Declaration,as amended from time to time, is hereby amended an. -s 'fs entirety and the subject property shall be owned, used, sold, conveyed, encumbered, demised and occupied subject to the provisions of this Declaration, which shall run with the Land and be binding on all parties having any right, title or interest in the real property or any part thereof,their heirs,successors and assigns, and shall inure to the benefit of each Owner thereof. Nothing herein contained, and no violation of these covenants, conditions and restrictions,shall invalidate or impair the lien of any mortgage or deed of trust given in good faith and for value. • ARTICLE I GENERAL PROVISIONS Section 1.1. Definitions. Capitalized terms used herein shall have the meanings specified for such terms below. (1) "Architectural Review Committee" or "Committee" means the committee authorized in this Declaration to review proposed construction,exterior alterations,improvements,and landscaping. (2) "Articles of Incorporation or "Articles" means the Amended and Restated Articles of Incorporation for Windstar on Naples Bay Master Association, Inc., formerly known as The Windstar Master Association, inc.,as amended from time to time. (3) "Assessment"or"Assessments"means a share of the funds required for the payment of the expenses of the Association which from time to time is assessed against the Unit Owners, March 24,2009—Master Declaration Page 1 of 23 Exhibit"A' Re-Submittal Revised Submittal Date 07-16-2018 oR 4512 PG 2582 Pg. G-2 Exhibit G (c)Corporate Ownership. If a Unit is owned by a corporation,the person entitled to cast the vote for the Unit shall be designated by a certificate signed by an appropriate Officer of the corporation and filed with the Secretary of the Association. Such person need not be a Unit Owner. Those certificates shall be valid until revoked or superseded by a subsequent certificate or until a change occurs in the ownership of the Unit concerned. If a certificate designating the person entitled to cast the vote for a Unit for which that certificate is required is not on file or has been revoked, the vote attributable to that Unit shall not be considered in determining whether a quorum is present,nor for any other purpose. Section 2.2 Voting Procedures.Whenever this Declaration requires a vote of the Unit Owners it shall be by Secret Ballot according to the rules and procedures then in effect under the Bylaws. Section 2.3 Approval or Disapproval of Matters.Whenever the decision or approval of a Unit Owner is required upon any matter, whether the subject of an Association meeting or not, such decision or approval may be expressed by any person who could cast the vote of that Owner's Unit at an Association meeting, as stated in Section 2.1 above, unless the written approval or joinder of record Unit Owners is specifically required. ----- / i',COMM .4" Section 3.1. Regulation of Co m9i Th,h--Ass.-'- ••n shat av the right to regulate use of the Common Area and to charg fe 's for the reof t. the a nt Ilowed by applicable law. The (i Association may also mortg-ge, ,e• 1,(• •n?`4 -sow ed by the Association or grant easements over and throug � th (C•mm n u j • e\f o isio i s contained elsewhere in this Declaration. () 4 1^ I Section 3.2.Compliance with 'a ' Nuisance.The use the o ,J1), Areas shall be consistent with existing law, this Declaration s: rticles of lncorpot n, Byfa and Rules and Regulations of Windstar. No person shall eng •: ny obnoxious, unpl r co offensive activity, or any activity which would be a reasonable so in stance or anno at ,tp residents.The Common Area shall not be obstructed,littered,defaced o sar�y- rfe E, e1.t`. Section 3.3. Protection of Club's Interests.Tie Csseoclation shall not in any way re-align the Common Area in a way that would have an adverse impact on the drainage system utilized with respect to the Club.Where Common Areas abut any portion of the Club,irrigation systems and landscaping in those Common Areas must be compatible with the use and maintenance elementsof the abutting facility. Further, landscaping of properties abutting any portion of the Club shall be designed in a way that ' would not negatively impact the use or maintenance of the Club. The Club shall have the right to enforce this provision under the terms of this Declaration. ARTICLE 4 EASEMENTS In addition to the easements created by or pursuant to this Article, the Property shall be subject to all easements previously recorded among the Public Records of Collier County and ail easements created in any recorded plat,the Declaration,or any amendment to the Declaration.The areas subject to easements under the Documents shall be treated as Common Area of the Association only for the benefit of the Association or its designees. Easements shall not convey rights of use or access to any other Person,association or entity. Section 4.1.Easements. (a)Easement for Upkeep,Landscaping and Maintenance. (1)The Association,as successor in interest to the Declarant, hereby reserves to itself and its designees, successors and assigns, a nonexclusive easement over and through the March 24.2009—Declaration of Page 6 of 23 Re-Submittal Revised Submittal Date 07-16-2018 OR 4512 PG 2583 Pg. G-3 Exhibit G Property for all purposes reasonably related to the development, completion and maintenance of improvements on the Property, including: (i) temporary slope, storage and construction easements for the construction, installation and Upkeep of improvements on, or reasonably necessary to serve the Property;(ii)for the construction and Upkeep of drainage, erosion control, compensatory mitigation facilities (to offset permitted fill of wetlands) and storm and sanitary sewer easements and facilities (and retention ponds) (including the right to cut or remove trees, bushes or shrubbery, to regrade the soil and to take any similar actions reasonably necessary) and any other areas on the Property in which mitigation, buffers,and other land use conditions are imposed by the government or any governmental agency; provided, however, that except after regrading the Association shall restore the affected area to a condition as near as reasonably practicable to its original condition; and (iii)generally to perform work within,and for the benefit of, the Common Area. (2) The Association hereby reserves an easement and the right to grant and reserve easements over and through: (1) the Common Area; (2) the common area within any Neighborhood Association; and (3)any Lot(a)within ten feet of any boundary line of a Lot which parallels a public or private street, (b)within five feet of any boundary line of such Lot which abuts another Lot or Common Area and(c)around the frontage of all lakes and storm and water retention ponds for a distance of twenty feet back from the high water mark. These easements shall be for. _ 1 .� struction and Upkeep of boundary walls and fences, irrigation an. 0 p , R nit eatures, including, without limitation, plants, trees and eart •- `c- and other ea c6'r ring and shall include access as necessary to perform - •- aks. _. ,\ (3)The Owner of a prdpe 1 • •en-• byA -aseme,t cr ated hereby shall not construct any improvements wit - -a - - t...• •t •- , ' enpermission of the Association. Upkeep of these a.se ,-n ar:: a{•--. •- i• t it •e Common Expense. (b)Easements for Utiliti A'idie '..•Iaric I t" (1)A non-exclusive to - ent is hereby gra nt v r - rough the Property for ingress, egress, installation a •f`` • eep of the equipmmeht`f •pp ng to any portion of the Property or adjacent real estate, :ny ilities, including, wit • t�fitrtitation, water, sewer, storm water �# drainage, gas, electricit , �416p telec • -r'on and television service, whether public or private; such eas- .e.t e -i to any Person installing or providing Ws Upkeep for the aforesaid service5��fy.. onduits, lines, wires, transformers and any other apparatus necessary for the provision or metering of any utility may be installed, maintained or relocated where permitted by the Association. (2) The Association hereby reserves to itself the right to grant and reserve easements, rights-of-way and licenses over and through: (1) any portion of the Common Area; (2) any portion of the common area of an owners association or the common elements of a condominium; or(3)any Lot(a)within ten feet of any boundary line of a Lot(other than the rear boundary line) which parallels a public or private street, (b) within five feet of any boundary line of a lot (other than the rear boundary line) which abuts another Lot or the Common Area and (c)within the greater of twenty feet of the rear boundary line of a Lot or twenty-five percent of the total depth of the Lot, for the installation and Upkeep of the equipment for providing to any portion of the Property or adjacent real estate, any utilities, including, without limitation, water, sewer, storm water drainage, gas, electricity, telecommunication and television service,whether public or private,or for any other purpose necessary or desirable for the orderly development and Upkeep of the Property or for the benefit of adjoining real estate. (3) Dedications and Easements Required by Governmental Authority. The Association hereby reserves to itself the right to make any dedications of any Common Area owned in fee simple by the Association and to grant any easements, rights-of-way and licenses required or made necessary by any government or governmental agency over and through all or any portion of the Common Area. 1/44.....) March 24,2009—Declaration of Page 7 of 23 Re-Submittal Revised Submittal Date 07-16-2018 OR 4512 PG 2584 Exhibit G Pg. G-4 Section 4.2.Association Power to Make Dedications and Grant Easements. The Association has the rights, powers and easements reserved to the Association by Paragraph 4.1(a) and (b) hereof. These rights, powers and easements may be exercised by the Association in sole discretion to further the interests of the Unit Owners. Section 4.3. Easements for Encroachments and Support. If any improvement on the Property now or hereafter encroaches on any other portion of the Property by reason of: (i) the original construction thereof; (ii)deviations within normal construction tolerances in the Upkeep of any improvement;or(iii) the settling or shifting of any land or improvement,an easement is hereby granted to the extent of any such encroachment not to exceed a distance of more than five feet for the period of time the encroachment exists.The Owner of the encroaching improvement shall also have an easement for the limited purpose of Upkeep of the encroaching improvement. This easement does not relieve any Owner or any other Person from liability for such Owner's or other Person's negligence or willful misconduct. To the extent that any portion of the Property now or hereafter supports or contributes to the support of any other portion of the Property, the former is hereby burdened with an easement for tile lateral and subjacent support of the latter. Section 4.4. Easement for Use of Common Area. (a) Use and Enjoyment.The Adt idrt e itself and on behalf of itself grants to each Owner and each Pers rf tq" jfl9 occupying a •it{ on-exclusive right and easement of use and enjoyment in co &vth others of the Corn ••n Area together with a non-exclusive easement over all street , wa)k d-pattj s on th Com •n A\ea for the purpose of vehicular and/or pedestrian ingre and e•' mf.as prop i_e, to a'y p rtion of the Property to which such Person has the r ght A. s • to .. - --.s R ulations promulgated by the _ Association pursuant to the 00.0 1,-, t- uc i ' a .,e:•• ent f use and enjoyment shall be _ appurtenant to each nit, w eth; . o t, tone ' t pheed thereto. Any purported conveyance or other tr is : • •c •.i4 -i..5. ase •ants : g from the Unit to which such rights and easements ar % aurtenant shall be vole- •k•'.,''\ (1) Additional Real `e. The Association, stat to icle 14 of this Declaration, may approve the addition o ` State to the Prope nee Article 14 of this Declaration from time to time. The AssocNt a le reserves'cits`"t the right to grant to each Person lawfully occupying a portion tk4 it fi eign ettt(A Kona' Real Estate an easement over all streets, walks and paths on the Commnnr:ea, as may be necessary for vehicular and/or pedestrian ingress and egress across such Common Area from a public right-of-way to any portion of the Additional Real Estate that would not otherwise have access to a public right- of-way; provided, however; that the Persons benefiting from such easement agree to bear a portion of the expense of Upkeep for the access in such amounts as may be determined by the Association. The Association hereby reserves to itself the right to grant to each Person lawfully occupying any portion of the designated Additional Real Estate non-exclusive rights and easements of use and enjoyment in common with others of the recreational amenities (not to include any property or related facilities of any Recreational Association)and parking areas constituting a portion of the Common Area and shared utilities and a right of access over and through such facilities. The Persons to whom this easement is granted through or the Neighborhood Association of any planned community or condominium located on the Additional Real Estate shall pay to the Association an annual assessment levied exclusively for a share of the costs of management and Upkeep of the Common Areas. (2)Access to and for Recreational Associations.The Association on behalf of itself grants to each Person (and the guests of such Person) holding a membership in any Recreational Association a non-exclusive easement over all streets, walks and paths on the Common Area, as may be necessary for vehicle and/or pedestrian ingress and egress across such Common Area to provide access to their properties,the Club or the Marina.The Association reserves for itself and for the benefit of the members(and the guests of such members)of the Club or any similar entity which owns or operates the golf course;an easement to permit the doing of every act necessary and proper to the playing of golf over and through c properties adjacent to the golf course. Such easement shall include but not be limited to the — March 24,2009—Declaration of Page 8 of 23 Re-Submittal Revised Submittal Date 07-16-2018 OR 4512 PG 2585 Exhibit G Pg. G-5 inadvertent overflight of golf balls over and upon such properties, the recovery of golf balls from such properties, the use of normal equipment in such golf course and common noise created while playing golf. No Rules or Regulations shall be passed or enacted which would have the effect of limiting or restricting the use of this easement as contemplated herein. (3)Assumption of Risk and Indemnification. Each Owner by its purchase of a Lot or Unit in the vicinity of the Club hereby expressly assumes the risk of noise, personal injury or property damage caused by maintenance and operation of the Club, including, without limitation: (a) noise from maintenance equipment and it being specifically understood that such maintenance typically takes place around sunrise or sunset; (b) noise caused by golfers; (c) use of pesticides, herbicides and fertilizers; (d) view restrictions caused by maturation of trees and shrubbery;(e)reduction in privacy caused by constant golf traffic on the golf course or the removal or pruning of shrubbery or trees of the Club, (f) errant golf balls and golf clubs; and(g)design of the Club and agrees that neither the Association nor any of the Association's affiliates or agents nor any other entity owning or managing the golf course shall be liable to Owner or any other person claiming any loss or damage, including, without limitation, indirect, special or consequential loss or damage arising from personal injury, destruction of property, trespass, loss of enjoyment or any other alleged wrong or entitlement to remedy based upon, due to, arising from or otherwise related to the proximity of Owner's Lot or Unit to the Club; (k •ut limitation, any claim arising in whole or in part from the negligence f''stL so - X other entity owning or managing the golf course. The Owner,if -agrees to inde • 1 .11d hold harmless the Association and any other entity ownin' anaging the golf cours-` gal st any and all claims by Owner's visitors,tenants and •ther Owner' Lot or li it. (b) Limitations. The rig is • e••-•‘•• :••--t v.,-ate+ hereby shall be subject (in addition to any easem-nts •r.nt=•'o -s= 1 in •is Dy-•ara.'on or pursuant to the other Association Document-) too a l ri•ht- -n• ••••-rs "If he •s•ociation when exercised in accordance with the oth=�••' =• - _ • a •;.the • i4'• Documents, including, without limitation; the Associati11rs ight to regulate th se of th" +•}•mmon Area and to establish reasonable charges ther=til • grant easements s,zhe s+• mon Area,to dedicate portions of the Common Area owns#, -e simple by the As d&joti 7c to mortgage the Common Area owned in fee simple by the • .o : ion. / (c)Delegation.Subject to the Ru s,a#i j g ____,---,-).4644/i isch other restrictions as adopted by the Association, any Person having the right fid enjoy the Common Area may delegate such rights to such Person's family members,guests, employees, tenants, agents and invitees and to such other Persons as may be permitted by the Association. ARTICLE 5 COMMON EXPENSES AND ASSESSMENTS Section 5.1. Determination of Common Expenses and Assessments. The Board of Directors shall establish the annual assessment against each Unit Owner for Common Expenses. The failure or delay of the Board of Directors to prepare or adopt a budget for any fiscal year shall not constitute a waiver or release in any manner of Unit Owner's obligation to pay the allocable share of the Common Expenses as herein provided whenever the same shall be determined and, in the absence of any annual budget or adjusted budget, each Unit Owner shall continue to pay assessments at the rate established for the previous fiscal year until notified of the new payment which is due on the first day of the next payment period which begins more than ten days after such new annual or adjusted budget is adopted and the Unit Owner receives such notice. Section 5.2. Assessments and Common Expenses. (a) Rate of Annual Assessment and Payment. The total amount of the estimated funds required for the management and upkeep of the Property set forth in the budget as an Annual Assessment shall be assessed so that each Unit shall be assigned one assessment unit. March 24,2009—Declaration of Page 9 of 23 • Re-Submittal Revised Submittal Date 07-16-2018 INSTR 4366698 OR 4512 PG 2575 RECORDED 11/24/2009 3:47 PM PAGES 53 DWIGHT E. BROOK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT Pg. H-1 REC $452.00 Exhibit H Relevant provisions of Second Amended and Restated Master Declaration of Covenants,Conditions& Restrictions for Windstar regarding the maintenance provision of easement area(Article 4.1(a)(2),(3). Prepared and return to: Christopher N.Davies,Esquire Swaim,13ourgeau&Davies.P.A. 2375 7itmiami Trail North Suite 308 Naples,FL 34103 CERTIFICATE OF AMENDMENT THE UNDERSIGNED, being the duly and acting President of Windstar on Naples Bay Master Association, Inc., a Florida not for profit corporation, hereby certifies that at a meeting of the Board of Directors, where a quorum was present, all the resolutions set forth below were approved by at least a majority of the Board. Thereupon at a duly called Annual Meeting of the Members held on March 30, 2009, where a quorum was present, after due notice,the resolutions were approved and adopted by the affirmative vote of at least sixty-seven pert-. -i.1rrovoting interests of the Association for the purpose of amending the Amended a • lieelt-• .., is kration of Covenants, Conditions & Restrictions for Windstar,recorded a •RI. =d'ok 1805, Page :fiOf_ eq., and re-recorded at O.R. Book 1813,Page 1031 et seq., Public Re n Collier County,Floris:•an he Articles of Incorporation and Bylaws of the corporation. \._,......„ K Subsequent to the members' vete, t • •'svil . ,• s t h i the Amended and Restated c.. Master Declaration of Covenant.,C. d tion• R st '• r , ' ds r,tie mortgagees of record were n provided Notice of the Amend - • :. o •. h, obers ''r lei (ap royal. No disapproval of the amendments was received. :...A 'ti ti s ` ,om RESOLVED: That the Amen.- ..d Restated Master'lTe.1 a of Covenants, Conditions & Restrictions for Windstar, be and ' :. amended and th ments are adopted in the form attached hereto as Exhibit"A",and ma. . . ]Treof.(59,-(,-:>)--- Fy ,.,-,,A�'' • RESOLVED: That the Articles of Incorporatiorl`ofsr on Naples Bay Master Association,Inc.,be • and are hereby amended and the amendments are adopted in the form attached hereto as Exhibit"B",and made a part hereof. RESOLVED: That the Bylaws of Windstar on Naples Bay Master Association, Inc., be and are hereby amended and the amendments are adopted in the form attached hereto as Exhibit"C", and made a part hereof. Date: CD e,4 e.L. 30, 2,0 OC1 WINDSTAR ON NAPLES BAY MASTER ASSOCIATION,nINC. (I) 4 Bya�-� Witness Brad Merryman, esi t 1700 Windstar Boulevard Print Name: asijf}S 4; Naples,FL 34112 (2) c12-47e--‘45-)0110, J- :' %Vitness Print Name:J) pe4- al irA.PS IY'' (CORPORATE SEAL) Re-Submittal Revised Submittal Date 07-16-2018 OR 4512 PG 2576 Pg. H-2 Exhibit H STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this cay of October, 2009, by Brad Merryman, President of the aforenamed Corporation, on behalf of the Corporation. He is personally known to me or has produced as identification. i( ecg, .9c,c) -1/4-) Notary Public I Sfvniosai--) Princes •an l•bI * ..1 *MYODl ISSION MD 552202 My Corn in ission expires: 5/"1/42x/a----- ", 6"P, ��S:May24,2p10 arile$Da Butembry Won 7c. : \ ir(Kyry-17-s) .77 ....\ CI ..:3•O\W 1 ( )t• 11 W,,,CY nctA L) . _�- , Revision Submittal Date 07-16-2018 Pg. A-1 Re-Submittal Additions are underlined Exhibit A TITLE PETITION NO.VA-PL20180001716—Southpointe at Windstar Marina Association,Inc. as landowner)and Windstar on Naples Bay Master Association,Inc.(as the fence/wall erector, for the benefit of all property owners in Windstar) request a variance from Section 5.03.02 of the Land Development Code,which limits fences and walls within a residential component of a PUD to a maximum height of 6 feet, to instead allow a maximum height of 8 feet,for a proposed 8 foot wall that will replace an existing 6 foot fence located on the south side of Gulfstar Drive South, on the west side of Hamilton Avenue, in Section 23, Township 50 South,Range 25 East,Collier County,Florida. t o rrnn - o n 0- T. 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N (D a _��_ �l 1 Slyf 1 0 27 x'At'npyy�ip �1yn 3 a 11; ArrY3p 9 n� N lila q ; I lo it; sW! liv . r zi 2• -°3 p mgr= < r- & - O W r---1 I ta. c � D I K r o n o g > f opo . ;,, WINDSTAR ON NAPLES BAY ' t Ts== T , oz o O00 I." vl a 1 RESTORATION IMPLEMENTATION 1 ;11 cl Y O GULFSTAR DRIVE WALL $�T �' '" - a OO N ' � s,d G m •-1 ni cn 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 or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change. Per attached letters and or property owner's list, which are hereby made a part of this Affidavit of Compliance. EL--------,'". AlisoL (Sig ature o Applicant) State of Florida County of Collier Theforegoing Affidavit of compliance was acknowledged before me this 00 day of 7> , 201lby `JO h it //L , who i personally) own a me or who has produced as identification. Air (, ,,,,.),/,( 6ef , • 0/ (Signature of Notary Public) 4kU 0 /5(0- (Notary Seal) Printed Name of Notary ;.,:.;v LAURIE BRADY r Notary Pub*-State of Florida _' t Commissions'GG 139020 ' r My Comm.Expires Aug 28,2021 John P.Ribes,FASLA DESIGN STUDIOS (•#'kf:r;?.A<nittA:tur€; 1020 8+"Avenue South,Suite 1 NAPLES,FLORIDA 239-261-4007 August 20, 2018 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 Property is the southern property line of Windstar On Naples Bay. On the East it is 50' +1-from intersection of Hamilton Drive and Gulfstar Drive and runs West parallel with the Gulfstar Drive along the South border of Windstar for 1278.94'. It is our intent to ask the County to allow us to build an 8' high pre-cast concrete wall, in lieu of a 6' high wall per LDC Land Development Code, It is similar to the wall recently constructed along the West Side of Hamilton Drive, along East property line of Windstar On Naples Bay, on the aforementioned property. In order to provide you an opportunity to become fully aware of our intention you may 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. In fact it is internal to the Windstar On Naples Bay property and will provide added security and privacy both to Windstar residences and abutting properties on Danford Street. Sincerely, John P. Ribes, FASLA Landscape Architect (President of JRL Design Studios, LLC.) Agent Representative Windstar On Naples Bay(Applicant) Mitch Johnson 1700 Windstar Blvd Naples, Fl 34112 (0) 239-775-3400 Ext. 202 (C) 239-280-7711 1020 Eighth Avenue South, Suite 1, Naples, Florida 34102 T.239.261.4007-F. 239.261.5378 email: studio@jrl-design.com website: www.jrl-design.com 1 Collier County Payment Slip (PL) Date: August 21, 2018 Contact: 3M1GNtTUIOS, LLC 405 5TH AVE S, STE 5 Naples, FL 34102 Project Name: Gulfstar Drive/South Boundary 8' Wall Project Number: Z ' O O 15 FEES: Fee Description Reference Numkgr Amount Graphics Property Notification Address Listing PL20180001716 $85.00 Total: $85.00 GROWTH MANAGEMENT DEPARTMENT GIS/CAD MAPPING SECTION GIS PROCESSING REQUEST Property Notification Address Listing (Does not include Civic or Homeowner Associations) Date: 08/17/2018 Requester's Name: John Ribes Phone: 239-261-4007 Folio number of Property(or PUD name): PIN#74101000359 Site address of Property: 2098 Gulfstar Drive S Naples,Fl 34112 Legal Description of Property: Windstar On The Gulf Or AR/PL Number Gulfstar Drive Variance PL20180001716 How many Feet Buffer around Property? 150 Jill 500 1000 Include the Properties: Internal • External II Results: Names and Addresses Only X or Names,Addresses, and Legal Descriptions Processing fees: n 1. Spreadsheet(MS Excel) on Disc $70.00 2. Print out of Spreadsheet on Paper $75.00+5c for every record over 1500 3.Mailing Labels $80.00+6c for every record over 1500 • 4. Spreadsheet+Mailing Labels $85.00+ 11c for every record over 1500 WO 0g€WOk Iga hiawV:DAB olgi diima mu/g x ww c3lew1of op swanbi 0918/09I.g® 1w LIP elgkied€uaa AT x,1.azIS Kai c 1412167 ONTARIO LTD 1727 DANFORD ST TRUST 1751 DANFORD ST TRUST MR CHARLES CHAPMAN 720 GOODLETTE ROAD N#304 720 G00DLETTE ROAD N#304 111 FORSYTHE ST UNIT 1101 NAPLES,Ft. 34102---0000 NAPLES,FL 34102---0000 OAKVILLE,ON CANADA L6K319 7L RANCH INVESTMENTS LLC ALLISON TR,ALBERT J&JUTTA ARAFET,ALFREDO Ivl&SANDRA E 8281 E FLORIDA AVE ALBERT&JUTTA ALLISON TRUST 1920 DANFORD ST DENVER,CO 80231-2703 UTD 4/29/05 NAPLES,FL 34112---6463 5085 YACHT HARBOR DR APT 103 NAPLES,FL 34112---6489 BARRON,CHARLES-6'&PATRICIA BART-EAU,TERESA BEARCE,JOHN T&CATHLEEN 1 7025 BRIXTON PL 1819 DANFORD ST 205 CHESTER STREET SUWANEE,GA 30024-5379 NAPLES,FL 34112---6405 NORTH FALMOUTH,MA 02556---0000 BECKER,JEROME J&GAIL F BOCHENEK,WIESLAW&ELZBIETA BONNE GST E/ESTATE TAX/E TRUST 2095 GULFSTAR DR S APT 103 1461 WRIGHTSTOWN ROAD 5050 YACHT HARBOR CIR#101 NAPLES,FL 34112---0000 NEWTON,PA 18940-0000 NAPLES,FL 34112---0000 BOTANICAL GARDEN INC THE BOURNE,JASON F&KERRY J BRADLEY,DAVID L&ARLETTE A DBA NAPLES BOTANICAL GARDEN JACQUELINE A BOURNE 5010 MARINA COVE DR APT 201 4820 BAYSHORE DR STE D 22 BRENTWOOD DRIVE NAPLES,FL 34112---6471 NAPLES,FL 34112---7336 NORTH EASTON,MA 02356---0000 BRANKOV,BRANIMIR BRANKOV,BRANIMIR&MILENA BREEDEN,LEIGH MILENA BRANKOVA 1777 DANFORD ST 1970 DANFORD ST 1777 DANFORD STREET NAPLES,FL 34112---0000 NAPLES,FL 34112---6463 NAPLES,FL 34112---0000 BURCHIANTI,ARNOLD&GLORIA BURKHARDT,SHIRLEY CHERYL L FLOHR FAMILY LLC 150 CHURCH STREET EXT 1749 GULFSTAR DR S APT 401 4208 MORNING STAR DR SMITHFIELD,PA 15478---0000 NAPLES,FL 34112---6491 CASTLE ROCK,CO 80108---9022 , J CITY OF NAPLES COCHRAN,JOHN M COLLIER CNTY 735 8TH ST S VIOLET A COCHRAN C/O REAL PROPERTY MANAGEMENT NAPLES,FL 34102---6703 1000 STERLING COURT 3335 TAMIAMI TR E,STE 101 CROWN POINT,IN 46307---0000 NAPLES,FL 34112---0000 CORNILLE,RONALD DEAN DANFORD 1855 LLC DANFORD ST TRUST LIANE Y CORNILLE 10650 OLD LAKE SHORE RD 720 GOODLETTE ROAD N#304 5065 YACHT HARBOR DR APT 101 IRVING,NY 14081---9549 NAPLES,FL 34102---0000 NAPLES,FL 34112-6480 DANNECKER,STEVEN'C&TRINA DAVIS,RONALD S&SUSAN STOUT DEGNAN,WALTER C&CAROL W 2569 IDUNA LANE NICHOLAS R DAVIS 5025 MARINA COVE DR APT 202 _ PETOSKEY,MI 49770--0000 BRADLEY S DAVIS NAPLES,FL 34112---6475 902 HOWARD STREET PETOSKEY,MI 49770---DOD0 S 'TPE label size 1"x 2 518"compatible With Avery05160/8160 Etiquette do format 25 mm x 67 mm compatible avec Avery e)5160/8160 04A WO o m9 Lco Azik cake ofgIJeduioz W U L.9 x ww c- rcituoJ op s rtbc= 091.09 i gZ Ai&A.V Litim aEq Y dIUo3,Big Z x„I.eZ1S ieiq DEISING,MARC F DETWEILER,JOHN S&MARCIA KDIAMOND,ROBERT M&LORELEI MARY LOU OLSON 5095 YACHT HARBOR DRIVE#203 5080 YACHT HARBOR CIR APT 101 1717 GULFSTAR DR S#204 NAPLES,FL 34112---0000 NAPLES,FL 34112---6486 NAPLES,FL 34112---6437 _ DUFFY,SEAN F&LEE ANN M E ANN COX REV TRUST EDMUNDSON,WILLIAM&DIANE M 5040 YACHT HARBOR OR APT 101 5070 YACHT HARBOR CIR#101 290 BOARDWALK PL NAPLES,FL 34112---6477 NAPLES,FL 34112---6484 PARK RIDGE,IL 60068---0000 FELDMAN EST,CHARLES L FIELDS,JUDITH LOUISE FISKARS TR,ERIK S MARILYN WEINSHEL PR 117 BALSAM AVE UTD 10-1-97 35 CLIFTON AVE TORONTO,ON 1076 MINERS RD MARBLEHEAD,MA 01945---1701 CANADA M4E 399 SAINT JOSEPH,MI 49085---0000 FLYNN,JOSEPH KELLY FOSNIGHT,CHARLES RAY FRANGIE,GHASSOUB 5859 SUNSET LANE 232 HYTYRE FARMS DRIVE 75 LOGAN BLVD S INDIANAPOLIS,IN 46228-0000 GIBSON1A,PA 15044---0000 NAPLES,FL 34119---2517 GALE,JAMES D GARRETT,JOSEPH W GRAZEN,DORIS MARLENE 307 URBANNA RD JENNEE CARPENTER GARRETT 5025 MARINA COVE DR APT 102 SALUDA,VA 23149---0000 104 TRIGG CT NAPLES,FL 34112--6475 GLASGOW,KY 42141---2252 GRISHAM TR,H RICHARD GUON,MARY ELLEN - 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KENNETH W LEWIS TRUST KIRK N SANDERS REV TRUST KOUN,CORNELIUS J&BARBARA V PATRICIA B LEWIS TRUST PO BOX 2481 1765 GULFSTAR DR S APT 503 4855 NORTH BENSON ROAD NAPLES,FL 34106---0000 NAPLES,FL 34112---4307 FOUNTAIN,MI 49410---9638 KRAMER TR,DAVID E&SHARON L KRASNOSKY,MICHAEL A KROG TR,DONALD E DAVID E&SHARON K KRAMER 1884 DANFORD ST 1765 GULFSTAR DR S#504 JOINT REV/TR UTD 9/5/01 NAPLES,FL 34112---6406 NAPLES,FL 34112---0000 1870 DANFORD ST NAPLES,FL 34112---6406 LICINA,KATE SUSAN LINDHOLM,JOHN R&MARSHA LIVAS,FRANK P MATTHEW PHILIP LICINA PO BOX 2679 CAROL A MOLINA 1994 REV TRUST 3228 N SEMINARY AVE#2 NAPLES,FL 34106---2679 18 WARNER ROAD CHICAGO,IL 60657---0000 IPSWICH,MA 01938---0000 LOUIS J VIRELLI JR REV TRUST LOVELL,ROBERT R LUKSHA,PAUL J BARBARA A VIRELLI REV TRUST ELIZABETH LYOUNG 770-19TH SIDE RD 1733 GULFSTAR DR S APT 303 1938 WILTON CREEK ROAD KING CITY,ON NAPLES,FL 34112---6487 HARTFIELD,VA 23071---0000 CANADA L7B 1K5 MAJEWICZ,RONALD J&LINNEA C MARTIN FAMILY TRUST MCCOLEMAN,PHILIP&NANCY 5050 YACHT HARBOR CIR#103 3424 CHICK CHARNEY DR 18 MAGNOLIA STREET NAPLES,FL 34112-0000 ROCKFORD,IL 61109---4523 BRANTFORD,ON CANADA N3R1P7 MCDONALD,BRUCE C&BARBARA P MCMAKIN,JOSEPH H&DIANE R MIELE,DANIELJ&ANNE MARIET 5015 MARINA COVE DR#102 5035 YACHT HARBOR DR APT 103 1 GLORIA LANE NAPLES,FL 34112---0000 NAPLES,FL 34112---6468 HUNTINGTON,NY 11743---0000 MIKES BAIT HOUSE LLC MINZENMEYER ET AL,GEORGINA MURPHY JR,EDWARD J&GAIL B 2052 DANFORD ST 2219 KNAPE ROAD 220 HIGH MEADOW ROAD NAPLES,FL 34112---0000 LAGRANGE,TX 78945---0000 SOUTHPORT,CT 06890---0000 NANCY LEE BERG FAM TRUST NICHOLS,TERRY&BONNIE OASIS OF NAPLES INC 9585 E ARBOR PL 1415 DOUGLAS TER %CHRISTINE ADAMS ENGLEWOOD,CO 80111---5240 DIXON,IL 61021---1729 2012 DANFORD ST NAPLES,FL 34112---0000 O'NEILL,J KEVIN&BEVERLY ANN PATRICE A MILLER FAMILY TRUST PENNDRAGON,ARTHUR 5015 MARINA COVE DR APT 201 PO BOX 248 1793 DANFORD ST NAPLES,FL 34112---6473 SOUTHBOROUGH,MA 01772--0000 NAPLES,FL 34112---6403 PIRAINO,STEFANO&LORRAINE QUINTER TR,KENNETH J RAYMOND,ANTHONY J&MARY P 3601 CAMP MANGUM WYND KJ QUINTER REV MARITAL TRUST 90 TUCKER FARM ROAD RALEIGH,NC 27612---0000 DATED 5/31/94 NORTH ANDOVER,MA 01845---0000 1749 GULFSTAR DR 5 APT 402 NAPLES,FL 34112---6491 a SlAPLES+ Etiquette do format 25 mm x'67 mm ccompatible vaveAveryf 05160/8160 04A oro 091B.Q9 foopv Odie e q ledwoo(16w L9 X WW%;&1.etuaol,op e ienbl $31dVIS 09 C81091.9e,1uan,1lliM aigi#edwoo.8./9 x,,t ezis Kai REISMAN FLORIDA TRUST RICE,WILLIAM&STEPHANIE RICHTER,AUGUST P&DANA E 1607-110 BLOOR ST W 19 HALEY RD 1617 GULFSTAR DR S TORONTO,ON MARBLEHEAD,MA 01945---0000 NAPLES,FL 34112---6407 CANADA M5S 2W7 RILEY,STEVEN H ROBERT C EITEL DEC OF TRUST ROBERT F FOX JR DEC TRUST 1881 DANFORD ST 5065 YACHT HARBOR DR#103 3879 LAKEWOOD DR NAPLES,FL 34112--6405 NAPLES,FL 34112---6480 WATERFORD,MI 48329---3952 ROBERTAJ ANDERSON REV TRUST ROBERTSTR,DANIEL M&MARY E ROBIN TRUST 4724 18TH AVENUE SOUTH UTD 11-9-98 5040 YACHT HARBOR CIR#102 MINNEAPOLIS,MN 55407---0000 1001 THUNDERBIRD LN NAPLES,FL 34112--0000 NAPERVILLE,IL 60563---0000 ROBINSON JOINT TRUST ROSE LAKE PROPERTIES LLC SANFORD,MICHAEL K 5060 YACHT HARBOR CIR UNIT 101 601 VALLEY DRIVE 2045 DANFORD ST NAPLES,FL 34112---6479 DULUTH,MN 55804---0000 NAPLES,FL 34112---6464 . SCHULTZ III,JOHN SEA SHELL TRUST SELTZER,ALLEN P&SUSAN A 4978 BOLLARD CT 22 QUEEN MARY'S DRIVE 1464 GLENBROOK LANE NAPLES,FL 34112---0000 TORONTO,ON WEST CHESTER,PA 19380--0000 CANADA M8X 152 SHAW,DOUGLAS&CATHY SILWARE,LUCIA ROSE SOUTHERN POINTE INC 1781 DANFORD ST 14321 CANTRELL ROAD %AMERICAN PROPERTY MANAGEMENT NAPLES,FL 34112---6403 SILVER SPRING,MD 20905---0000 8825 TAMIAMI TRAIL E NAPLES,FL 34113---0000 SOUTHPOINTE AT WINDSTAR MARINA SOUTHPOINTE NEIGHBORHOOD ASSN STARKS,CHRISTY L ASSOCIATION INC C/O AMERICAN PROPERTY MGMT SVC 2095 GULFSTAR DRIVE#101 PO BOX 110339 8825 TAMIAMI TRL E NAPLES,FL 34112---0000 NAPLES,FL 34108---0106 NAPLES,FL 34113---3347 STILLMAN,MARK J&DIANE M SULKES,CHAD T T G GUM&B1 GUM TRUST 2344 BEN FRANKLIN DR 2892 COCO LAKES PL 6478 WARWICK AVE PITTSBURGH,PA 15237---0000 NAPLES,FL 34105---0000 NAPLES,FL 34113---0000 THOMPSON,BRIAN J THOMPSON,DALE&BETTY THOMPSON,LAWRENCE 995 RICHMOND RD 6800 YORK AVE S#337 1803 DANFORD ST CLEVELAND,OH 44124---1063 EDINA,MN 55435-0000 NAPLES,FL 34112---6405 THOMPSON,BRADLEY C&CATHRYN R THORNTON JENKINS REV TRUST TUTINO,CYNTHIA LEE 2152 LONGBOAT DR GRETCHEN H JENKINS REV TRUST 3100 DOMINICA WAY NAPLES,FL 34104---3377 5080 YACHT HARBOR CIR#103 NAPLES,FL 34119---0000 NAPLES,FL 34112--0000 I STAPLES' label size 1"x 2 5/8"compatible with Avery e5160/8160 Etiquette do format 25 mm x 67 mm compatible avec Avery 05160/8150 MA via Ok I: 031-SO Fiery oeigi dLuoo Lulu Lg x ww 5Z 4.ezios op ellenbilla 09i /009LS/021SO filehyl411M awed=„sig z x::L [S facie TUZZEO III,JOSEPH B&MARGARET TUZZEO III,JOSEPH B&MARGARET URY,ROBERT I&ROBERTA 5 HERBERT&LINDA T SCHULTZ HERBERT&LINDA T SCHULZ 5070 YACHT HARBOR CIR APT 201 20 FRANKLIN LN 20 FRANKLIN LN NAPLES,FL 34112---6483 KINNELON,NJ 07405---3210 KINNELON,NJ 07405---3210 UZUPES,VANESSA VANDERVELDE,PATRICIA A WAHL,HUGHES E&DEBORAH W 1180 DIANA AVENUE 1701 GULFSTAR DR S#101 5010 MARINA COVE DR APT 203 NAPLES,FL 34103---0000 NAPLES,FL 34112---6436 NAPLES,FL 34112---6471 WARRINGTON,DEAN R&CAROLYN WARSINSKEY,RICHARD E WATSON,R BRANDON&PATRICIA W 5015 MARINA COVE DRIVE#103 BARBARA H WARSINSKEY 5035 YACHT HARBOR DR APT 202 NAPLES,FL 34112---0000 1105 KENNETH DRIVE NAPLES,FL 34112---6468 LAKEWOOD,OH 44107--0000 WIDE BEACH PROPERTIES LLC WILLIAM F MAHER REV TRUST WILSON,THOMAS S 199 WEST ROAD SUITE 101 5639 COUNTY ROAD 11 NE 1015 OLD BARN LANE PLEASANT VALLEY,NY 12569---0000 ALEXANDRIA,MN 56308--4584 LAKE FOREST,IL 60045---0000 WINDSTAR MASTER ASSOC INC,THE WISE,EUGENE P XU,KEITH 1700 WINDSTAR BLVD 5015 MARINA COVE DR#203 JINGWEN ZHU NAPLES,FL 34112---4200 NAPLES,FL 34112---0000 S BRIDLE PATH ROAD ANDOVER,MA 01810---0000 • label size 1"x 2 5/8"compatible with STAPLES ttiqueits do format 25 mmx 67 mm compatib evavec�Averyr05160/8160 04A Re-Submittal Revision Submittal Date 07-16-2018 Exhibit B Pg.B-1 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBEi'S(3) tLo,►xxn e r ,w"Wale* (per name),its tftwem, (this. appfcabta)of WICACTAN ON mut rs day wsrsi Asscx.►. tt* (company, tf ),swear or arc;?, under oath that I ern the(choose orre) applicant ^ c�r.ct p�,a f,ssa arae that I. I have ful authority to secure the approval(s) requested and to impose covenants and restrictions on ttte rafenn©ad property as a molt of any *chert approved by the County in accordance with the appicadan and the Land Developrrient Coda 2 N answer*b the questions in this application and any sketches,data or Other suppternentary matter attached hereto and made a pert of ties application ere honest and hitt*; 3. 1 bine authorized the staff of Collier Cotrity to enter upon the property during norm*woridng hours for the purpose of investigstarg and evakaidng the request made through this application;and that 4. The property wit be transferred conveyed, said or subclvicied subject lo the conditions and resbidians imposed by the approved action. 5. wen authortts ant saw JL Nair$kaSc* tO ac 03 ouch y representative in any matters regarding this petition inducing 1 through 2 above. W oks' • lithe applicant is a corporation. then l is usually executed by the carp. pros,or V. pis • if the apyalicanf is a Li flied Liebihy Company(L 1 C.)or Limited Company(L C.), then the documents should typical)'be signed by the Company's'fig • If t e applicant is a partnership.then typically a partner can sign on behalf a'the pa rtnerzh • it the applicant is a Waled partnership, then the general partner nxtst sign and be identi5ed as the `g >a! partner'of the named pip. • d the applicant is a trust, than they must include the trustee's name and the wards as trustee'. * !n each instance, fist detennrte the ap pica Its status, es., indiMual, carporafe trust partnership, and then age the OpprOphale forrrtat litr that ownership. Under penalties of perjury,I declare that I have reed the foregoing Affidavit of Authorization and that the facts stilted in It ere true. • ap, 7(5SI fere 17 tie STATE OF PARMA 1.5eRu%V`t/ COUNTY OF gewsia tJ6"'/oi- -- foregoing . ssworn to(or affirmed)end subscribed before me on II,Iv iC r7¢(debt)b9' :. ♦ _ •�J hs• (name •" • providing Viii or ), as P t 7 r��tJL et who is personal,/known to • _ :TA #Ah. w, e� Noillictilliwf York Qu ilded n Sulk* Cr.t-mA ah tsars REV 324'34 1 �� Re-Submittal Revised Submittal Date 07-16-2018 Exhibit C Pg.0-1 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUS(S) n.01110:01ns I, 4a.Mei OM name),as Viae•virporr Me,if elieloehte)of 10,01e4TQ ATM1eK TArr woo, (ccurhpeny,it wrest or affirm under oath,that I am the(cthooae care)anrner =appkhtr lxrty'aaer that 1. I have full authonly to seizure she approval(*)requested and to impose oo ersarrts and restric oris on the reI.rsnoad property as a ree et of any*orlon approved by the Carty in accordance w9ih this applies/Ica and the Lard Development Cods 2. AM anerh+ars to the question it this applicatIOn and any skean*,data or other supplementary matter aaached hereto end mede a part d this app icalkxr are honest and true; 3. I have sub:rined the staff of Color County to enter upon the property during normal working hours far the purpose of investigating and evaluating the request made trough thee trpptioabrn and that 4. The property mE be wed, conveyed. "old or sublivided sutlect to the cor Mors and restrictions unposed by the approved*dim- 5. Wahl ardharize era•FMK AL DINO aboc to act as ocirimy representative in any mem regrading this petition kvitaling 1 through 2 above. • /the afrpticant is•caporstb.then a is usually executed y')w� �1 • t the applicant is a l irrrtied Liability y Can *r y(LLC.)or ty'+Eaiiy,be agr,.d by the Company's 14enging ifm ar.' • X the appkent is a perthersfwO,V*i typicaty a Wry can s on behalf of the pennant* • I the appiCant is a*rated partnership, then Ms ganerat partner m sip,and be identified 83 the 49ana'at pedise of the owned pub*** • Hua applicant it a Out then fly must include the Mate*name and the woods Is trustee`. • to weft Inetence,fit determine the apalcant'a status, e.g.. indfriduat, corpteWie, Mt.PrethershiP, and there use the appropriate format for that awrteratllla. Under welds,of perjury,I dsdena that I have read the foregoing lrtlidsvtt of Authorbtation and that the facts •. ; • in It are true. Ai 00°P 22...../20:1_ ...e........011, _ Z'2 _-_ STATE OF FLORIDA cowry OF COLLIER ., ten swan to(or*filmed)and subecribect beSore me o/ t f b (date)by it.i A (warns of person providing or affirrnatbr as 14 : a 1,.kVA* who is personally to me or who has produced • . }aeidentlfarbort. si'AtrM'/OAL Manakinof ' • , ."r le *gm PIE roars Fond. .34 ,� boles crs.COA4IU rsa U'YZMr4 Re-Submittal Revised Submittal Date 07-16-2018 OR: 2547 PG: 2325 Pg. F-4 Exhibit F Sicsattut Page for the QUITCLAIM DEED(tram East Sound Realty,Inc.to Southpointe at Wituietar Marina Association,Inc. In Witness Whereof,the Grareor hu bemuro set lu head and seat the day and year first above wriaen. eMI Mt�,��r/t�aewena its wwarprareacs: EAST SOUND REALTY,INC. iLt/f Y. \ By: ./14-L-1.2-1,0,1 1 a• (Seal) Iliad Name:lsal�,_ �, C16i,Lu Susan I. n,Vice President Witness P.a rtidren 400 Lighthouse Lute Naples,FL 34112 � a tQ.t�1i. Lir Primed Name ,t/A tr.e i AA,„.1, (Corporate Seal) Wilmot STATE OF fl1);� COUNTY OF rrcW(i,n y Ths foee�oied tastnaeat was acknowledged before me this..s'( *day of •.Xt'v a, y , 1777/�� by Slue J. Hanson,Vice President of East Sound Realty, Inc., in Ohio corporation, oa behalf of the ootporwias.�1!to s nes aki known to me or has produced her as N1ad!leetia< { $. 1 ! I tr,4\Y: 1'" � •.E,: �ems: �, '• My aspires: 'N,c (may ----� 1:10_:.:..1<.-E.---_-:!-\ ISLAND This DotamsentScott ,,Price Prepared y: V�N��4�� -\��-,S, • KELLY,PRICE,PASS o,sIICET A SOL alligliglos 2640 Golden Gate Parkway, 313 t J ,.\ r Naples,Florida 34105 r f_ ,t'' / '�'✓ PREPARATION OF 1NSTR R it pi7jitEVIEW OF TITLE OR BENEFIT OF TITLE OPINION. -.r. -, • wr.>mvarDsrucZa De&I$ 4 /••••, Re-Submittal Revised Submittal Date 07-16-2018 UK: Z)41 t'ti: GJG9 Pg. F-3 Exhibit F The Marine Association and the Master Association may attempt to have Tract B,less and except the Easement Tract,and the Easement Tract separately assessed for taxation,but if at any time they are not separately assessed the taxes and assessments on Tract B shall be allocated between the Marina Association and the Master Association as follows: (a) allocation of such taxes andior assessments to the Master Association,if necessary,shall be made only for the amount so assessed for land, with assessments for any improvements to be allocated to the Marina Association; (b) allocation to the Master Association for the taxes or assessments due on such land of the Easement Tract shall be made on the basis of the number of acres contained in the Easement Tract compared to the number of acres included in the applicable real property tax parcel or parcels for all of Tract B;(e)the balance of the taxes and assessments included in the applicable real property tax parcel or parcels for all of Tract B shall be allocated to the Marina Association;(d)the Marina Association shall be obligated to pay the entire bill for all taxes and assessments on the entire Tract B in the same manner as it is required to pay the taxes and assessments as set forth above with the right of the Muter Association to cure as set forth above if the Marina Association does not do so;and(e)the Muter Association shall be obligated to pay or reimburse the Marine Association for any of such taxes and assessments allocable to the Muter Association as aforesaid which are obligated to be paid by the Marina Association within ten(10)days after receipt of invoice showing amounts then due and owing with respect thereto and the calculation thereof in accordance with the foregoing. The Muter Association shall indemnify and save the Marina Association and its members harmless from and against any and all damages,loss,judgments,costs,and expenses,including but not limited to,attorneys'fees through all trial and appellate proceedings,arising from or relating to any acts, errors,or omissions of the Master Association,its invitees,members,officers,directors,contractors, • agents or any other authorized person, firm, or entity acting for or on behalf of the Master Association or any of said other parties, in the exercise of the rights and obligations under the aforesaid easement in favor of the Mast 'iatit, t r than any acts,errors or omissions of the Marina Association, its invitees, 4'" ,�• r s, contractors, agents or any other authorized person,firm,or ent' • g for or on behal kjai arias Association or any of said other parties. The Marina Association s , _•• v i don and its members harmless from and against any and d ,a a, ss lu :., n E • s, d x.•uses,including but not limited to,attorneys'fees throu: : . all e ps,.cee g, ' :from or relating to any acts, errors,or omissions of the ' i:.. t ees,, ", .fficers,directors,contractors, agents or any other autho person, firm, or e 'y i or on behalf of the Marina Association or any of said of - • les,in the use,mil .operation of the Encroachment Tract and Tract B,less and ex.-p 1 Easement Tract,o r '. any acts,errors or omissions of the Master Association,its invit-- of �t•rs,contractors,agents or any other authorized person,firm,or entity ac' rfgr@ri f the Master Association or any of said other parties. It is understood and agreed that any maintenance,repair,or replacement to be done in accordance herewith shall be subject to and in compliance with the requirements of any and all applicable governmental laws,rules,regulations,and permits. In the event of any dispute under this instrument,the prevailing party or parties in any litigation shall be entitled to recover from any non-prevailing party or parties all costs and expenses including attorneys'fees through all trial and appellate levels.By the acceptance by the the Master Association and the Marina Association of this instrument,the Master Association and Marina Association agree that the provisions of this instrument shall bind and inure to the Master Association and the Marina Association,their respective heirs,successors,assigns,successors in title,and legal representatives and shall run with the land referred to herein in perpetuity.There shall be no merger of any easement estate with any fee estate referred to herein by reason of the joinder of any such estates in one person or entity unless and until all persons having any interest in any such easement estate and fee estate shall a tocute and record a written instrument effectuating such merger in the Public Records of Collier County,Florida. To Halle and to Hold the same together with all singular the appurtenances thereunto belonging or in anywise appertaining,end all the setae,right,title,inure*,lien,equity and claim whatsoever of tremor.either in taw or equity, for tbs use,beufn and profit of the said Osamu and the Muter Association forever. (The balance of this page Intentionally left blank) 3 Re-Submittal Revised Submittal Date 07-16-2018 OR: 2547 PG: 2323 Pg. F-2 Exhibit F Also subject to,however,a perpetual easement which is hereby reserved and granted and conveyed to The Windstar Master Association, Inc., a Florida corporation (the "Master Association"),its successors and assigns,over that portion of Tract B described on Exhibit"A" attached hereto and made a part hereof(said portion of Tract B being hereinafter referred to as the "Easement Tract"),for the purpose of the installation,use,irrigation,lighting,maintenance,repair, replacement, and reconstruction of landscaping. Except for the rights of any parties under any easements or any other matters now of record,said easement in favor of the Master Association shall be an exclusive easement.The Master Association,so long as it is the holder of said easement,or its successors in title,shall,at its own cost and expense, keep and maintain the Easement Tract and the Landscaping located or to be located on the Easement Tract in good condition and repair and shall repair any damage to Tract B and/or Tract A caused by it in the exercise of its rights and obligations hereunder or otherwise.If the Master Association fails to do so the Marina Association may notify the Muter Association thereof in writing, If said repair or maintenance is not commenced by the Muter Association within ten (10) days following receipt of said written notice; the Marina Association may,but shall not be required,to make and complete such repairs or maintenance at its own expense and shall be reimbursed by the Master Association for all such costs,together with interest thereon from the date advanced to the date paid at the rate of 18%per annum or the highest legal ratepermitted by law,whichever is less.The Master Association shall make such reimbursement within ten(I0)days after receipt of invoice showing amounts expended. The Marina Association, so long as it is the owner of Tract B and the holder of the aforesaid easement over the Encroachment Tract,or its successors in title,shall,at its own cost and expense, keep and maintain the Encroachment Tract and Tract B,less and except the Easement Tract,and any improvements located thereon,in good eo.,','�; .-rep and shall repair any damage to Tract B and/or Tract A caused by it in doin: sea Cas:'•Sit{ arina Association fails to do so the Muter Association may notify • • Associatt• f in writing. If said repair or maintenance is not commenced •y Marina Association wt n t (10)days following receipt of said written notice,the Master As . i hus� of be r ui ,to make and complete such repairs or maintenance at its•wn x ense " be rel bur by a Marina Association for all such costs,together with in res r • li• alk, to t e date paid at the rate of 18 •/s per annum or the highest!e ra e •-&,tt•• . 1 saw h ve is 1 ss,The Marina Association shall make such reimburse , i '1',, % aft . f invoice showing amounts expended. \ ^J s/ of1t/0 The Marina Association,so long' :it i the owner thereof,0)5 au aeons in title,shall pay all taxes and assessments on Tract B,less he Easementt'I `cor the year 1999 and thereafter as the tame hereafter become due and pa Ie r;or,€" y�lmquency and shall indemnify and hold the Master Association harmless therefrom Iftfie•Maritta Association shall fail to pay any said taxes and assessments,the Master Association may notify the Marina Association thereof in writing.teeny said taxes and assessments and any and all penalties and interest thereon are not paid in full within ten(10)days following receipt of said written notice,the Master Association may,but shall not be required,to pay all of said taxes and assessments and any and all penalties and interest thereon at its own expense and shall be reimbursed by the Marina Association for all such costs,together with interest thereon from the date advanced to the date paid at the rate of 18%per annum or the highest legal rate permitted by law,whichever is less,The Marina Association shall make such reimbursement within ten(10)days after receipt of invoice showing amounts expended. The Master Association,so long as it is the holder of said easement,or its successors in title,shall pay all taxes and assessments on the Easement Tract for the year 1999 and thereafter,and shall pay any taxes and assessments on Tract A,as the same hereafter become due and payable and prior to any delinquency and shall indemnify and hold the Marina Association harmless therefrom. If the Master Association shall fail to pay any said taxes and assessments,the Marina Association may notify the Master Association thereof in writing.If any said taxes and assessments and any and all penalties and interest thereon are not paid in full within ten(10)days following receipt of said written notice,the Marina Association may, but except as provided in the next paragraph shall not be required,to pay all of said taxes and assessments and any and all penalties and interest thereon at its own expense and shall be reimbursed by the Master Association for all such costs,together with interest thereon from the date advanced to the date paid at the rate of 18%per annum or the highest legal rate permitted by law,whichever is less.The Master Association shall make such reimbursement within ten(10)days after receipt of invoice showing amounts expended. 2 Re-Submittal Revised Submittal Date 07-16-2018 Exhibit F Pg. F-1 2477992 OR: 2547 PG: 2322 t1C0JDI1 Il Ottlelil JICOIDS of COLLIII COM, IL 05,1111111 at l0:5111 HIM I, ISOCM, cite ---. 1111111111?Gs Ut to 31,56 MN B. 1 flit DOC•.16 10 t1t1fMi31 i NIPlets; *01,apD VDU/ i ItADr $01 HOWII Ma N. 1561 tilIINI !!N 040 mut Roam MOS It 3803 3016 • Pe iv ro74423501588,rad 74101000359 oasts. oas4T!h sAtmAkamferminvabotualwa eratFAsThatwertr,teatwo QUITCLAIM DEED 7]tia Quitclaim Deed, Made this II; day of Ile,•, 1 , 1999 A.D., Between East Sound Realty,Inc., a corporation existing under the laws of the State of Ohio .t dr F of Collier ,Sud.of 7��Flosida,"Grantor", .aa So11�lointo at Windstar Marion t+acrQ nation existing Hadar the lawn of the State of r`- rT`� oa..adios b: 4029 • ,. , - ' ,N Plea,.Elorj 341 (s ea hereinafter referred to as°Grarlbaa"and .-.„- , reinaftit' - _to the Association"). • ). Wittsasatfr.r.res.o- ., , .1 .in r-� 1 -- ----------------------------•--- -----TiiN&N" 4, •, ,; -� ••,.'� — Dou.u$, • sad Air pod and v hrbi. - t{,, to 01tANTOR is• .:•paid r tad 88,the roc**Minna u MnEy rolssw'Wid,S. gr..td, • •'Or',. quimleim.d no the '• �GRANI GRANITE'S arc¢aron and amiss. fx rK,tM*amiss duoritnd ,b'isi sad Wan is `V-111!, 7 oilier,Sulu of Florida,te wit Tract"F",SOUTTIIPO I r•A t ';f t. -.,'4,hi IA,according to the Plat thereof as recorded In Plat Book 23, 1`, s_,,. _ .of the Public Records of Collier County, Florida; TOGETHER WITH Lot 59,SOUTHPOINTB AT WINDSTAR MARINA,according to the Pitt thereof at recorded in Plat Book 23,Pages 88,89,and 90 of the Public Records of Collier County, Florida, LESS AND EXCEPT the westerly thirty-five (35) feet thereof; TOGETHER WITH Tract 'B",Southpointe Yacht Club,Phase Two,according to the Plat thereof as recorded in Plat Book 22,Pages 52 and 53 of the Public Records of Collier County,Florida(hereinafter referred to as"Trac!B"). The Grantor hereby aiso pants and conveys to the Grantee a perpetual, non-exclusive eneament over any and all portions of Tract"A",Southpointe Yacht Club,Phase Two,according to the Plat thereof as recorded in Plat Book 22,Pages 52 and 53 of'the Public Records of Collier County,Florida(hereinafter referred to as"Tract A")on which any of the parking spaces.trash dnmpatar,and any related facilities located or partially located on Tract B encroach(any and all of aitch portions of Tract A being hereinafter collectively referred to as the"Encroachment Tract") for the purpose of the use,lighting,maintenance,repair,replacement,and reconstruction of said parting spaces,trash dumpster,and any related facilities. Without limiting the fact that this is a Quitclaim Deed,this Deed and conveyance is subject and aubordimte to the lien ofcurrent taxes not delinquent. 1 IAG- )UIJ11 I111Q1 . .`..`.`.` .. ...... ... �.v ... OR 4512 PG 2576 Pg. H-2 Exhibit H STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me thisay of October, 2009, by Brad Merryman, President of the aforenamed Corporation, on behalf of the Corporation. He is personally known to me or has produced as identification. • —.94;;X.,-;Z?'61-L) Notary Public Pr.nte an•• T MMPSO 7 // * ' n: *MYC014dISSI0Ntt3D55?2o2 My Commission expires: SIZYIa?a/o_ — '*� �"P S.Mayi4,2o10 • �•`' `""" ,11.1.Q1iNCVIJCu .7uuiijiUdp LJdLt U/-10-LUit INSTR 4366698 OR 4512 PG 2575 RECORDED 11/24/200f. 3:47 PM PAGES 53 DWIGHT E. BRUCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REc $452.00 Pg. H-1 Exhibit H Relevant provisions of Second Amended and Restated Master Declaration of Covenants, Conditions& Restrictions for Windstar regarding the maintenance provision of easement area(Article 4.1(a)(2),(3; Prepared and return to: Christopher N.Davies,Esquire Swaim,I3ourgeau&Davies.P.A. 2375 ftmiami Trail North Suite 308 • Naples,P1. 34103 CERTIFICATE OF AMENDMENT THE UNDERSIGNED, being the duly and acting President of Windstar on Naples Bay Master Association, Inc., a Florida not for profit corporation, hereby certifies that at a meeting of the Board of Directors, where a quorum was present, all the resolutions set forth below were approved by at least a • majority of the Board. Thereupon at a duly called Annual Meeting of the Members held on March 30, 2009, where a quorum was present, after due notice,the resolutions were approved and adopted by the affirmative vote of at least sixty-seven perc-. -air. . _ voting interests of'the Association for the purpose of amending the Amended a ., {teat1 e.. t- ration of Covenants, Conditions & Restrictions for Windstar,recorded a • Wil: 1805, Page ,`Rb'f, eq., and re-recorded at O.R. Book 1813,Page 1031 el seq., Public Re .r, Collier County, Flori.:•an he Articles of Incorporation and Bylaws of the corporation. tt_-:. fy _---%. \ Subsequent to the members' vote, .. i ( . mil . , t p h i the Amended and Restated Master Declaration of Covenant.,C,, d tion R st .,,s '. 'r ds r,t to mortgagees of record were provided Notice of the Amend .ko -+�1i. -,.bers 'Ir lei royal. No disapproval of the amendments was received. PP RESOLVED: That the Amen•-z' .Id Restated Maslk-t laraiio of Covenants, Conditions & Restrictions for Windstar, be and ' .li�:.y amended and th Artie ments are adopted in the form attached hereto as Exhibit"A",and ma: _. .-reof._ �./\l. iirjU Y J RESOLVED: That the Articles of Incorporatiotro star on Naples Bay Master Association,Inc.,be ' and are hereby amended and the amendments are adopted in the form attached hereto as Exhibit"B",and made a part hereof. RESOLVED; That the Bylaws of Windstar on Naples Bay Master Association, Inc.,be and are hereby amended and the amendments are adopted in the form attached hereto as Exhibit "C", and made a part hereof./cam Date: Q e,'LL 30► 2,°OR WINDSTAR ON NAPLES BAY MASTER .����'�� ASSOCIATION,INC. (1) 4 By: )J.0n Witness Brad Merryman, •esi t 1700 Windstar Boulevard Print Name: j¢� /74.84..- Naples, FL 34112 • _"'f cls — = Witness G%`/ nn nn Print Name:,�eBetl" Si et\l"W t~ (CORPORATE SEAL) . co T. 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L} <0 U00,-WyV Z aanaa3uop O W U4 �aiJi 21=-7V �- W II 1: II II I. II II I' II '/. t�.i • .� CY. 7U mww 1 Cs] tiff 6..:Ci.j W W ' I V ra aauaa366 • 1a � n 1 i t u GZ£Z :Di LicZ :U0 xx: Re-Submittal Revised Submittal Date 07-16-2018 Pg.D-3 Exhibit D OR: 2547 PG: 23211 SOUTHPOINTE YACHT CLUB, PHASE TWO LEGAL DESCRIPTION Page 3 of 3 SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. COASTAL ENGINEERING CONSULTANTS,INC. FLO A BUSIN AUTHORIZATION NO. LB 2464 Richard J.Ewing, .P. ? Professional Surveyor and Mapper Florida Certificate No.5295 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO.98435 DATE: 1-26-99 Revised Submittal Date 07-16-2018 OR: 2547 PG: 2327 Pg. D-2 SOUTHPOINTE YACHT CLUB, PHASE TWO 1 LEGAL DESCRIPTION Page 2 of 3 THENCE N04°02'27"E: 3.69 FEET TO SAID SOUTH RIGHT-OF-WAY LINE OF GULFSTAR DRIVE SOUTH; THENCE ALONG SAID RIGHT-OF-WAY LINE S86°05'04"E 27.81 FEET TO A POINT OF CURVATURE; THENCE 83,80 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 421.00 FEET, A CENTRAL ANGLE OF 11°24'15"AND A CHORD OF 83.66 FEET, BEARING N88°12'49"I TO A • POINT OF TANGENCY; THENCE N82°30'41"E 44.09 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE S07°09'19"E 11.55 FEET; THENCE N82°08'44"E 81.41 FEET; THENCE N07°51'16"W 11.03 FEET TO SAID SOUTH RIGHT OF WAY LINE OF GULFSTAR DRIVE SOUTH; THENCE ALONG SAID RIGHT-OF-WAY LINE N82°30'41"E 9.82 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE S07°51'16"E; 11.03 FEET; THENCE N82°31'22"E 81.. -_` .�,—;77-777---„, THENCE N07°28'38"VV- (.b..- "- " . " • • i' UTI-1 RIGHT—OF-WAY LINE OF GULFSTAR DRI W 0 4 TH; . �- THENCE ALONG AIL 1OHT-OF-WAY LINE 82 0'41"E 34.70 FEET TO A POINT OF CU A' lE • . -- THENCE 156.59 EE , _ ' ' •V 1 CONCAVE TO THE ' • t 1 S 1 t 9 . ,A ENTRAL ANGLE OF SOUTHWEST • H• VI��G A � � ' � •' 23°40'21"AND . :' ' .1 D / 51.• ' :f, R. • RI FL, 85°39'08"E; THENCE LEAVI A r RI -O -' ,:Y 1. • 1471'03"W 17.44 FEET; THENCE S73°00' . 13.16 FEET; j � THENCE NI8°16' 0 7.44 FEET TO SA1 !, 'IGHT-OF-WAY LINE; THENCE ALONG S• • 'H 1-OF-WAY Ll '41'12"E 71.89 FEET TO A POINT OF CURVATU' ,P p -----.� � ,, THENCE 159.63 FEET ALO �E A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 242.00 FEET,A CENTRAL ANGLE OF 37°47'39"AND A CHORD OF 156.75 FEET, BEARING N88°24'58"E TO POINT OF TANGENCY; THENCE N69°31'09"E 89.57 FEET TO POINT OF CURVATURE; THENCE 100.00 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 286.48 FEET,A CENTRAL ANGLE OF 20°00'00"AND A CHORD OF 99.49 FEET, BEARING N79°31'09"E TO POINT OF TANGENCY; THENCE N89°31'09"E 31.82 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID SUBDIVISION; THENCE ALONG SAID LINE S00°28'44"E 72.50 FEET TO THE POINT OF BEGINNING; THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 50,628 SQUARE FEET OR 1.16 ACRES OF LAND. Revision Submittal Date 07-16-2018 Pg. D-1 un: CHI rv: 4.3i0 i ipCO ENGINEERING _ . CONSULTANTS INC Re-Submittal Exhibit D EXHIBIT"A" SOUTHPOINTE YACHT CLUB,PHASE TWO PORTION OF TRACT"B" DESCRIPTION THAT PART OF TRACT"B"OF SOUTHPOINTE YACHT CLUB,PHASE TWO AS RECORDED IN PLAT BOOK 22,PAGES 52 AND 53 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: ' BEGINNING AT THE SOUTHEAS" '_ , ' OF SAID SOUTHPOINTE YACHT CLUB, PHASE TWO SUBDIV.817-7/02,1a.0 I S`-0• •"W ALONG THE SOUTH LINE OF SAID SUBDIVISj 138.9,1 : :` 03 'HE SOUTHWEST CORNER OF SAID SUBDIVISION> ( THENCE ALON H 51-OE : D ' BDI SI N00°19'12" W 26.21 FEET TO AN IN E' `EC O W T E 'OUT RI t HT-OF-WAY LINE OF GULFSTAR D' VE '# 1( .•t` ' -., ,lir HP a INTI: YACHT CLUB, r PHASE TWO): THENCE ALU 6,.,:*'! . •' � >..Y L 1 E ��4 4d E: 10.25 FL•E[ CO A POINT OF C ' • TURE; THENCE 45.45 ;- LONG THE AR E CONCAVE TO THE NORTHWEST HA! RADIUS OF 2 '1. C, ,A CENTRAL ANGLE OF 10°22'27"AND A C 'it • • -45.38 FEET G N84°34'31"F TO A POINT OF TANGENC , .64:1771(-- """�+-- THENCE N79 23 24 E 50.3: T,.-.---- r THENCE LEAVING SAID RIGHT-OF-WAY LINE S08°55'30"E 11.63 FEET; THENCE N83°44'50"E 55.45 FEET; I THENCE N06°15'10"W 11.79 FEET TO SAID SOUTH RIGHT-OF-WAY LINE OF GULFSTAR DRIVE SOUTH; THENCE 8.90 FEET ALONG SAID RIGHT-OF-WAY LINE AND THE ARC OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 379.00 FEET, A CENTRAL ANGLE OF 01°20'44"AND A CHORD OF 8.90 FEET, BEARING N88°28'35"E; THENCE LEAVING SAID RIGHT-OF-WAY LINE S03°11'10"W 11.21 FEET; THENCE S86°48'50"F.66.44 FEET; THENCE N039I'10"E: 11.67 FEET TO SAID SOUTH RIGHT-OF-WAY LINE I OF GULFSTAR DRIVE SOUTH; THENCE ALONG SAID RIGHT-OF-WAY LINE S86°05'04"E 14.59 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE S02°30'50"E 3.58 FEET; THENCE S85°57'33"E 60.08 FEET; C—: —.- 3106 S. HORSESHOE DRIVE • NAPLES, FLORIDA 34104 • (941)643-2324 • FAX(941)643-1143 11 Revised 07-16-2018 Revised Submittal 07-16-2018 Pg. K-1 seka Exhibit K ' J E :. JRL DesignStudios 1020 Stn Ave South 6-7-2018 Suite#1 Naples, FL 34102 PL 20180001716 Gulfstar Drive Variance Gulfstar Drive/South Boundary 8' wall Windstar on the Bay Golf& Country Club Variance Application Growth Management/ Drainage Report. Contacted by Planning & Regulation/Natural Resources with Rick Orth Senior Project Manager 06-05-2018 Re: Drainage, Berm, Berm Location of Windstar South Property Line Concerns: Positive Drainage, Sheet Run Off,Wall Base Dam and/or erosion. Discussed options &original record drainage plans availability and site visit. 06-06-2018 Site visit with Rick Orth; Mitch Johnson (Windstar) &John Ribes (JRL Design Studios) Rick found original record plans, reviewed & send copies to Windstar and JRL. Verified: ■ South Valley curb of Gulfstar Drive acted as berm • Watershed (surface watershed from South curb Gulfstar Drive to South Property Line Survey: ■ 50' Spot elevation grid shows basically minimum gradients from East to West& North to South. Spot elevations stop @ fence Lines. Site Observation: ® 6/6/2018: Observed a slight ridge generally(+/-80%of length) 10' South of GulfStar Drive & parallel to Gulfstar Drive with minimum slop back to Gulfstar Drive. Several ponding areas of minimum size in the wider sections of the landscape areas between South Property Line & South edge of Gulfstar Drive. The remaining green space has a minimum gradient sloping 11 Revised 07-16-2018 Pg. K-2 to South property line providing surface run-off. Observed a +/- 4' wide shared drainage swale of South property line with a minimum gradient providing positive surface run-off to the West. Design Solution Responses: • Based on the above the following criteria will be incorporated into the final design and construction of the wall. 1. Ridge line 10'South of South edge of Gulfstar Drive will be maintained. 2. Minimum slopes will provide positive run-off to existing South property line. Swale thus maintaining existing approved storm water management in place. 3. Base of wall will be set 2' North of South property line to maintain existing swale.Grades will be set prior to construction to assure this criteria+/-6"- 12"above center line of swale. 4. Swale will be cleared and graded to maintain existing and minimum Gradient flow to West. 5. Wall is a precast concrete wall with columns 15' c/c. Only columns have 24" diameter& 3' depth concrete footings. Wall Panels between columns will float 2" above final grade to allow surface water thru/under wall to swale. i _ ; If Mfr; 4d 1 , - i t 1 ,, ,. ,,, AI 1i IIIIIIc 0 ' 1 Z may: N+. 4.0 W 2 ? lai _i I . r. cc E s II C • Q 2� e * a 4,cng 3U z € v4 S y "13 W `a S. • 'r xs .ifs mitItel t fSII!a •• W..„.• • ,,,,>- ^ s s '- C.,2e 74 ft 3.: c k 4 o z 8a g.. W +,s... �* 4 ., mss'¢ � ..x=. ... t , r .' d *ro — �� W. 4 Z1 •�t R '��` t r ,r - ,-:L., ..] F its.: .t iR.�, . . } i �.. . ► .. r \s *41** . . -• --16.0...... igivill '4. Z .� :.,—.,.2 ;F-s. e, t'''', ` v ."•, li'4 Qo`La !»V.3. o Ii t ;4 v _ 411 "-tom'`*'_ �� y� 4.... , {tea � J�_ _•__ - • y,. 0 3 m e4J �'."g..,z x w cv a a w x a. d W a s s a f ♦ O , r" t a i Y\. .,.. i ('' \ � hal ;\ \~� t _ "s...„. -- - ----.....\ , ir. .t... ..,, . . .... �' -,.ii: ice -'S; I ;®'' �'� �,.,.�^ , _ tC .,.,, l Attachment C VelascoJessica From: FinnTimothy Sent: Monday, October 29, 2018 9:19 AM To: VelascoJessica Subject: FW:Windstar: Gulfstar Drive Variance PL201180001716 Timothy Finn, AICP Principal Planner C O ler 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.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:StrainMark Sent: Friday, October 26, 2018 12:53 PM To: FinnTimothy<Timothy.Finn@colliercountyfl.gov> Subject: FW: Windstar: Gulfstar Drive Variance PL201180001716 fyi Mark/ 239.252.4446 Under Florida Law;e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead.contact this office by telephone or in writing. From:John Ribes<ribes@jrl-design.com> Sent: Friday, October 26, 2018 11:56 AM To:StrainMark<Mark.Strain@colliercountyfl.gov> Subject:Windstar: Gulfstar Drive Variance PL201180001716 Mark, 1 Below is a letter related to a phone conversation from Mr. Gersch, a resident on Danford. He called my office and I referred him to Windstar. Mr. Gersch is opposed to any wall and, so far, is the only objection. I am forwarding this for your knowledge and potential information in scheduling your docket for November 8.We do not have any knowledge that he intends to appear. My Best, John Ribes,FASLA Agent Representative From: Mitch Johnson<master@windstaronnaplesbay.net> Sent: Friday, October 26, 2018 9:12 AM To:John Ribes<ribes@irl-design.com> Subject: Re: Michelle @ JRL If you would like you may advise Mr. Strain that Windstar Management was contacted as well as your office. Windstar Management spoke with Mr. Gersch and his complaint was toward a wall in general as he feels it deteriorates his preferred back yard view. Management informed him that Windstar has a right to erect a 6' wall but the increased height is desired by other owners along Danford for added privacy, particularly being that the Danford elevations have increased over the years. My other Danford conversations have been with Mr. Steven Riley who is a fire inspector and over my tenure has served as a resident contact when issues (mostly landscaping) arise along that border. He disputes that Mr. Gersch speaks for anyone else along Danford. Mr. Riley is looking to compile attendee's or written emails/letters confirming that Danford residents do want an 8 foot wall erected contrary to this one dissenting view point. My feeling is Mr. Gersch might feel better accommodated if we could mask the wall with additional landscaping near his location.This is also contrary to what I am told other Danford owners may want as Mr. Riley points out, they do not favor landscaping being maintained by Windstar in what they would view as their backyards. Indeed any landscaping on the Danford side of the wall is a bit of a privacy concern to have landscapers walking on the property line of their backyards to maintain plantings every week and a burden every time an irrigation head breaks and "floods"their backyard. (Feel free to use your own words but that is the story on this so far) Regards, Mitch On Oct 25, 2018, at 4:07 PM,John Ribes<ribes@jrl-design.com>wrote: We might want to advise Mark Strain of the dissent. He asked me if there was any opposition. At the time I told him none we knew of. His interest is to know how much time to schedule for the hearing. John From: Mitch Johnson <master@windstaronnaplesbay.net> Sent:Wednesday, October 24, 2018 2:51 PM To:John Ribes<ribesPirl-design.com> Subject: Re: Michelle @ JRL I spoke with him yesterday.Thank you for forwarding these calls to me. For your information he is opposed to a wall in general. I indicated we are currently required to plant outside the wall which should soften the look. I also noted we can at any time build a 6 foot wall so should this variance fail a wall would still be erected. 2 As a reaction I contacted a Danford neighborhood representative and he will be trying to gather responses (via email or letter)from the other owners who do want an 8 foot wall and who do not want it planted along their back yards if possible. Basically looking to get a majority of non-Windstar voices who agree with our proposal to contend with one dissident. Thank you, Mitch On Oct 24, 2018, at 1:30 PM,John Ribes<ribes@jrl-design.com>wrote: Mitch, We received a call regarding the letter sent out about the Variance.The gentleman wanted to speak to me but I was not available. I thought it might be better Windstar handle the communication. The contact info is: Mr. Boris Gersch, resident on Danford. Cell 239.297.3269. Thanks, John From: Mitch Johnson <master@windstaronnaplesbay.net> Sent:Wednesday, October 24, 2018 9:42 AM To: Michelle Arizola <JRibes@Irl-design.com> Cc:John Ribes<ribes@irl-design.com> Subject: Re: Michelle @ JRL I am supposed to send a photo of the Notice sign that we post on our property to the County. 1 will include this with that submittal. I imagine he can add it to yesterday's submittal or certainly would accept me swinging by with the hard copies. Thank you, Mitch On Oct 23, 2018, at 4:41 PM, Michelle Arizola <JRibes@irl-design.com> wrote: Mitch Johnson, C.A.M. Windstar on Naples Bay Master Association 1700 Windstar Boulevard Naples, FL 34112 (239)775-3400 x 202 work (239)280-7711 mobile master(c�windstaronnaplesbay.net Mitch Johnson, C.A.M. 3 AV, ameriean PROPERTY MANAGEMENT SERVICES Windstar on Naples Bay Master Association 1700 Windstar Boulevard Naples, FL 34112 (239) 775-3400 x 202 work (239)280-7711 mobile master(a�wi ndstaronnaplesbay.net Mitch Johnson, C.A.M. american s PROPERT Y MANAGEMENT SERVICES Windstar on Naples Bay Master Association 1700 Windstar Boulevard Naples, FL 34112 (239) 775-3400 x 202 work (239) 280-7711 mobile master(a�wi ndstaronnaplesbay.net 4 . A, om a!g ..g C c 5 9ag } 11VM 3AId aV1SilfO g ^p s 3 N81, ie h ¢ NOI1V1N3W3ldWlNOI1VaO1S3a 1 e * s .-7,,„ ,`_' , t f g AV9 S21dVN NO d1M g� r T.� � 3 2mc . L, , 2 x a N.NINNH N _ S, S [1] u z /j1 :`-s a-..1.7; F-.1 ; mom= kit ,,,,t i E,D El _ El _ �.i .--t 1 h :i:, - '.1 . ,L.- i 1111=11111111111/ , on 0 am i . ,,n \ o > ;_, c a 3 �Qa a s a I y I. 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E g g1ss113�61IIaf1a11 illi, § Z.al a 0 1 3 i... h 11I hilt s C d N j C U 1.' p .,, 1 is a ns+.ilw a.i'ii 11 I .1 IN ; g ll F II( b f ait il in j'( 1 9 a§ V nb z `1 o 1e ,ii!I E i,b s; 1, • F ti it iys . F of I § a f § § 1I § 1t q6 a 5 0 a 1 ' O s n. a O w. v .5 a 03 iJ o 1 AGENDA ITEM 3-D Co_ er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION-ZONING SERVICES SECTION HEARING DATE: NOVEMBER 8, 2018 SUBJECT: BDE-PL20160001029, 3254 LAKEVIEW DRIVE, BERGESON/MUELLER DOCK PROPERTY OWNER/APPLICANT: AGENT: Steven Bergeson and Cynthia Mueller Jeff Rogers 23027 Pelican Circle Turrell,Hall, and Associates, Inc. Pelican Rapids, MN 56572 3584 Exchange Avenue Naples, FL 34104 REQUESTED ACTION: The petitioners request a 27-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code (LDC), for a total protrusion of 47 feet, to accommodate a new docking facility with one boat slip for the benefit of the subject property which is located within a Residential Single-Family-4 District (RSF-4) and the Bayshore Mixed Use Overlay District-Residential Subdistrict-4 (BMUD-R4). GEOGRAPHIC LOCATION: The subject property is located at 3254 Lakeview Drive, and is legally described as Lot 5, Block 7 of the Gulf Shores subdivision, in Section 14, Township 50 South, Range 25 East, Collier County,Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The purpose of this petition is to allow for the construction of a single slip boat dock, upon a property that is presently unimproved with 48 feet of shoreline, that will extend 47 feet from the top of rip-rap into a waterway that is approximately 375 feet wide from MHW to MHW, for a 25- foot vessel. Building Permit No. PRBD20180954581 has been applied for to construct a single- family residence at the subject location, said permit remains under review and has not yet been approved. BDE-PL20160001029; 3254 Lakeview Dr.—Bergeson/Mueller Page 1 of 8 October 22,2018-Final Livingston RD rn C - � D L i [iii 0 •:-J \ ' :7 7 (c:, W 0 0) a v Lakevie DR V . 8 ci) .,.. , c,„ . „.- sr er ,, /� O 0 1 ., OC C) \ N f e .,...\ . CO0 N J Z a a) .n E ., 7. .. Z .. O 4 a fl. CD 4 C..-7.---------"-----7- . 0 r.,y� 1 1 U 0 J L___ ___-1 i ___l , _ m W O ne 0 CC 0 BDE-PL20160001029; 3254 Lakeview Dr.—Bergeson/Mueller Page 2 of 8 October 22,2018-Final uiir_O.,16.14aiifh.1-11 ' '07;..11—;17.;;;,;.,- ; r ; __ 12NrR.,cn;-;'c4i,wiiHr `mg," v Pano7nfR I SURROUNDING LAND USE & ZONING: North: Single-family residence, RSF-4/BMUD-R4 South: Single-family residence, RSF-4/BMUD-R4 East: Lakeview Drive (Right-of-Way) then Single-family residence, RSF-4BMUD-R4 West: Lake/Canal, RSF-4BMUD-R4 , �a mom. ,. Irik ,s, OOP Subject +, 1 Pruperty i • E „ . Aerial—Collier County GIS BDE-PL20160001029; 3254 Lakeview Dr.—Bergeson/Mueller Page 3 of 8 October 22, 2018-Final MEW ,s `h t.F Pr € ertyI he n { , $x "t.,, M fi . " .Cx opil It- . 4 a. Aerial—Google Earth 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 waterward of the existing rip rap. The shoreline does not contain mangroves,a permit has recently been approved to refurbish the existing rip rap (PRBD201&0213643). A submerged resources survey provided by the applicant found no submerged resources in the area 200 feet beyond the proposed docking facility. Exhibit sheet 9 of 9 provides an aerial with a note stating that no seagrasses were observed within 200 feet. 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. STAFF 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: 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. BDE-PL20160001029;3254 Lakeview Dr.—Bergeson/Mueller Page 4 of 8 October 22,2018-Final (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 zoning and upland land use of the subject property is single-family residential. The proposed dock design is that of a 5-foot wide finger-dock with one boat slip. The total length of shoreline for this property is 48 feet. 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. Drawings contained within the applicant's support materials demonstrate that at the 20-foot protrusion line,measured from top of the rip-rap line,there is only about two feet of water at low tide. The applicant states, and staff agrees, there is insufficient water depth to moor a vessel or to provide safe access to the proposed dock facility within the allowable 20-foot dock and vessel combination limit. 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Criterion met. The proposed dock will only extend 47 feet from the top of rip-rap into a waterway that is approximately 375 feet wide from MHWL to MHWL. As there are no navigational markers the entire waterway can be used for navigation, therefore the proposed facility will not have an adverse impact on navigation within an adjacent marked or charted navigable channel. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion met. The proposed dock facility protrudes 47 feet from the top of rip-rap into a waterway that is approximately 375 feet wide from MHWL to MHWL,therefore the dock facility protrudes approximately 12.53% into the waterway. 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 not met. The submitted plans reveal the proposed dock facility will satisfy the 7.5-foot setback requirement for properties with less than 60 feet of water frontage; said BDE-PL20160001029; 3254 Lakeview Dr.—Bergeson/Mueller Page 5 of 8 October 22,2018-Final dock will be setback 10 feet from the northern property/riparian line.At issue is the existing dock facility to the south at 3266 Lakeview Drive which will be interfered with because of its configuration. Research performed by both staff and the applicant reveals the neighboring dock facility to the south received an approved Boat Dock Extension,BD-99- 024, CCPC Resolution No. 99-40, for a dock with a 35-foot protrusion in 1999. Building Permit No. 1999101984 was subsequently issued on October 28, 1999, for a 378 square foot dock. Said permit's history reveals no inspections were performed and a spot survey was not provided; said permit ultimately expired. Building Permit No. 2001062170 was issued as a re-app of the prior on June 28,2001,and again no inspections were performed, and no survey provided; said permit expired on December 25, 2001. A Code Enforcement case,NO. CESD20180007294,was initiated by the petitioner's agent on or about May 14, 2018; said case has not been resolved and remains open. Subsequent to said compliant Building Permit No. 2001062170 was re-activated and a favorable inspection performed; however, no survey has yet been submitted. The petitioner's agent notes that the neighboring BDE was for a 35-foot protrusion from the most restrictive point which should have been from the plotted property line, whereas the existing dock dimensions show that it is 35 feet from the MHWL which is not the most restrictive point. Additionally, it is asserted that the subject property owner has riparian rights to the waterway and has worked with their agent to design a dock that is consistent with others on the same waterway. Furthermore, there is no design option that would not impact upon the ingress/egress of the neighboring dock to the south. Secondary Criteria: 1. Whether there are special conditions not involving water depth,related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement,shoreline configuration, mangrove growth,or seagrass beds.) Criterion met. The applicant states that the proposed docking facility design was primarily governed by requirements of the LDC and the existing property shoreline conditions. The property's shoreline consists of mangrove growth which the proposed dock had to extend waterward of to clear said mangroves and to reach adequate water depths. Additionally, the most restrictive point is the top of rip-rap which is located on the landward side of the mangroves. Staff concurs. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area. Criterion met. The applicant states that the proposed docking facility has been minimized to meet the LDC's building guidelines as well as to be within the required side yard setbacks. The proposed dock design provides adequate and safe access to and from the BDE-PL20160001029;3254 Lakeview Dr.—Bergeson/Mueller Page 6 of 8 October 22,2018-Final vessel. It is staff's opinion that the proposed dimensions and configuration of the deck area are reasonable and meet the intent of this criterion. 3. For single-family dock facilities, whether the length of the vessel, or vessels in combination,described by the petitioner,exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Criterion not met. The proposed docking facility has been designed to moor one vessel up to 25 feet which is greater than 50% of the subject property's linear waterfront footage. 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 applicant states that the subject property is one of the last remaining properties without a dock facility. The proposed dock facility will have no greater impact than any other within the immediate vicinity. Staff concurs. 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 200 feet of the proposed dock. No seagrass beds will be impacted by the proposed dock facility. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated. Criterion not applicable. The provisions of the Collier County Manatee Protection Plan do not apply to individual docks behind individual residences. Staff analysis finds this request complies with four of the five of the primary criteria and five of the six secondary criteria. APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS: As to any boat dock extension petition upon which the Hearing Examiner takes action, an aggrieved petitioner, or adversely affected property owner, may appeal such final action to the Board of County Commissioners. Such appeal shall be filed with the Growth Management Department Administrator within 30 days of the Decision by the Hearing Examiner. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. BDE-PL20160001029;3254 Lakeview Dr.—Bergeson/Mueller Page 7 of 8 October 22, 2018-Final COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on October 22,2018. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner approve Petition BDE- PL20160001029 with the stipulation that a Certificate of Completion may not be issued for the proposed docking facility until such time as a Certificate of Occupancy is issued for a single-family residence at the subject location as the LDC prohibits the existence of an accessory use prior to a principal use. Attachments: A) Sign Posting by Staff B) Application& Support Materials BDE-PL20160001029; 3254 Lakeview Dr.—Bergeson/Mueller Page 8 of 8 October 22,2018-Final PREPARED BY: /d2- Zc,V JO A. LLY, SENIOR PLANNER // ATE ZONING DIVISION REVIEWED BY: 7L /0 2z ig RAYM• D V. BEL OWS,ZONING MANAGER DATE ZONIN •IVISION Z.1‹ iv - .1 MICHAEL BOSI, AICP, DIRECTOR DATE ZONING DIVISION BDE-PL20160001029;3254 Lakeview Dr. —Bergeson/Mueller Page 9 of 8 October 22, 2018-Final Attachment B HEARING PACKAGE BDE - PL20160001029 BERGESON/NIUELLER 3254 LAKEVIEW DR. NAPLES, FL PREPARED BY: r ,4 TURRELL HALL&ASSOCIATES,INC 3584 EXCHANGE AVENUE NAPLES,FL 34104 APPLICATION & ADDRESSING CHECKLIST 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 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): [ffl DOCK EXTENSION ❑ BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION Name of Property Owner(s): Steven Bergeson & Cynthia Mueller Name of Applicant if different than owner: Address: 23027 Pelican Circle City: Pelican Rapids State: MN zIP: 56572 Telephone: Cell: Fax: E-Mail Address: Steveb23027@outlook.com Name of Agent(s): Jeff Rogers Firm: Turrell, Hall & Associates, Inc Address: 3584 Exchange Ave City: Naples State: FL zip: 34104 Telephone: 239-643-0166cell: 239-784-0081 Fax: 239-643-6632 E-Mail Address: Jeff@THANaples.com PROPERTY LOCATION Section/Township/Range: 14 150S/25E Property I.D. Number: 48174720003 Subdivision: 391600 - Gulf Shores Unit: Lot: 5 Block: 7 Address/General Location of Subject Property: 3254 Lakeview Drive Current Zoning and Land use of Subject Property: Miscellaneous Residential May 8, 2018 Page 1 of 6 9& unty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ADJACENT ZONING AND LAND USE Zoning Land Use N RSF-4-BMUD-R4 Residential Single-family S RSF-4-BMUD-R4 Residential Single-family E RSF-4-BMUD-R4 Lakeview Drive W RMF-6 (3) Canal DESCRIPTION OF PROJECT Narrative description of project(indicate extent of work, new dock, replacement,addition to existing facility,any other pertinent information): The proposed project consist of onstructing a new single-family docking facility that will protrude approximately 47-feet from the top of rip-rap or 40-feet from the MHWL. The proposed dock will be a 5-ffot wide finger-dock with one boat-lift to accomodate one vessel up to 25-feet in length. The total dock square footage is approximately 192 sq.feet. SITE INFORMATION 1. Waterway Width: 375 ft. Measurement from ❑ plat ❑survey ❑visual estimate n other(specify) aerial 2. Total Property Water Frontage: 4e ft. 3. Setbacks: Provided: 10&7.5 ft. Required: 7.5&7.5 ft. 4. Total Protrusion of Proposed Facility into Water: 47 ft. S. Number and Length of Vessels to use Facility: 1. 25 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 within this waterway that all protrude between 40-65 feet into the subject 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? 0.13 Acres May 8, 2018 Page 2 of 6 Coffer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colIiergov.net (239)252-2400 FAX:(239)252-6358 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 11 No If yes, please provide copies. PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate;typical, single-family use should be no more than two slips;typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MIT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s)described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks.(The facility should not interfere with the use of legally permitted neighboring docks.) May 8,2018 Page 3 of 6 Cotler 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.) II May 8, 2018 Page 4 of 6 9&9unty 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: Q 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 ® C Property Ownership Disclosure Form 1 ® ❑ Signed and Sealed Survey 1 ✓ ❑ Chart of Site Waterway 1 / ❑ Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank, seawall,or rip-rap revetment); El • Configuration, location,and dimensions of existing and proposed 1 D 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 ►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. May 8, 2018 Page 5 of 6 Colter 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: Executive Director El Historical Review ❑ Addressing:Annis Moxam ❑ Parks and Recreation:David Berra ❑ City of Naples:Robin Singer,Planning Director ❑ School District(Residential Components):Amy Lockheart ❑ Conservancy of SWFL:Nichole Johnson ❑ Other: Emergency Management:Dan Summers;and/or ❑ ❑ EMS:Artie Bay Other FEE REQUIREMENTS: O 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 R Sina re ofgi'tioiet---or Agent Da - May 8, 2018 Page 6 of 6 Co ger County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 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) 0 BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI(Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC (Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) ❑ 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) Gulfshores BLK 7 LOT 5 S14 T 50 R 2 F FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with, legal description if more than one) 48174720003 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 3254 Lakeview 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) Bergeson Dock PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR or PL# Co ler County 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: E 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 48174720003 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: _Date: 6 Updated by: AP Date: 4/16/2018 IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED NARRATIVE OF REQUEST PRIMARY & SECONDARY CRITERIA I 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.) Response: The total length of shoreline for this property is 48ft. The zoning and upland land use is single-family residential which warrants no more than 2 slips per the CC-LDC. The current proposed dock design is a 5-foot wide finger-dock which has 1 optional boat slip and is consistent with other docks on the same waterway. 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/exhibits illustrating the existing water depths on-site. At the 20-foot protrusion line measured from the top of the rip-rap line there is only about 2-feet of water at low tide. Therefore there is insufficient water depths to moor a vessel or provide safe access to the proposed docking facility within the 20-foot protrusion line. 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 any adverse impacts to navigation within the waterway. The proposed dock will only protrude 40-feet from the MHWL into a waterway that is approximately 375-feet wide from MHWL to MHWL. The entire waterway can be used for navigation as there are no navigational markers indicating the exact thread of 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 375-feet wide from MHWL to MHWL. The proposed dock protrudes approximately 11% into the waterway and therefore the proposed dock meets this criteria. 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Response: The proposed docking facility will provide 10-foot setbacks from the north property/riparian line and 7.5-foot setbacks from the south property/riparian line. However,the existing neighboring dock to the south would be directly impacted by the proposed docking facility. The reason the proposed dock would interfere with the neighboring dock/slip is due to the layout of the neighboring dock being parallel to the shoreline and the dock extends into the side yard setback. This dock was permitted back in 1999 and then constructed in the early 2000's however based on our research this dock never received its final CO from the county and is also encroaching into the north side yard setback. The CCPC Resolution(99-40)does not have the approved dock exhibits attached but THA did find the original application within the county recorders and based on the approved dock design the existing dock does not match what was originally approved. Also the dock was approved to have a 35-foot protrusion from the most restrictive point which should have been from the plotted property line. However,based on the existing dock dimensions the dock is currently 35-feet from the MHWL which is not the most restrictive point. With all this research and collected information the applicant Steve Bergeson and Cynthia Mueller _ have riparian rights to the waterway and have worked with THA to design a dock to be consistent with others on the same waterway.There was no design option that would not have impacted the ingress/egress of the neighboring dock to the south. 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.) Response: The proposed docking facility design was primarily governed by the County guidelines and the existing subject property shoreline conditions. The subject property shoreline consist of mangrove growth which the proposed dock had to extend waterward of in order to clear the mangroves and to reach adequate water depths. Additionally the most restrictive point is the location of the top of rip-rap being located on the landward side of the mangroves. 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Response: The proposed docking facility has been minimized in order to meet the county dock building guidelines as well as to be within the required side yard setbacks. The proposed dock design still provides adequate and safe access to and from the vessel without any excessive decking being proposed. 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 dock facility has been designed to only moor one vessel up to 25-feet which is more than 50% the subject property's linear waterfront footage. Therefore this criteria is not met. 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) Response: The subject property is one of the few remaining lots on this section of the surrounding waterway without a docking facility. The proposed dock has been designed within the required side yard setbacks and the overall design is consistent with all of the existing docks on the same 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. PROPERTY INFORMATION (QUIT CLAIM DEED & SURVEY) I INSTR 5406444 OR 5395 PG 1768 RECORDED 5/17/2017 4:10 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $27.00 This Instrument Prepared Without opinion of title by: Matthew L.Grabinski,Esq. COLEMAN,YOVANOVICH &KOESTER,P.A. 4001 Tamiami Trail N.,#300 Naples,Florida 34103 239435-3535 Tax Folio#: QUIT-CLAIM DEED THIS QUIT-CLAIM DEED,executed this day of May,2017,by Nancy Allendorf Scherping Grantor,to Steven J.Bergeson,a single man and Cynthia D.Mueller,a single woman,as tenants in common(each as to an undivided 50% interest), whose post office . dress_.is_23027 Pelican Circle, Pelican Rapids, MN 56572, Grantee: j ;J. C OtJA (Wherever used herein the t 'II ne party"and"sec.•• ;f '•dude all the parties to this instrument and their heirs,1-11 entatives,and assigns o .i divi, +ls,and the successors and assigns of corporations.) WITNESSETH: That e .f •= s of$10.00 in hand paid by the Grantee,the receipt of which is ereb, •, `y • eas and quit-claim unto the Grantee forever all the right,title and int f p •114 •S{' •in d to the following described lot, piece or parcel of land,situate,1 : OR 5395 PG 1769 "BERGESON*PARCEL LEGAL DESCRIPTION A PARCEL OF LAND CONSISTING OF UPLANDS AND SUBMERGED LANDS LYING ADJACENT AND CONTIGUOUS TO THE WESTERLY UNE OF LOT 5, BLOCK 7 OF GULF SHORES, A SUBDIVISION RECORDED IN PLAT BOOK 4, PAGE 50 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 5, RUN S88•38'29"W FOR A DISTANCE OF 51.00 FEET; ' THENCE N18•1614"W 37.34 FEET TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE COMMON LOT LINE BETWEEN SAID LOT 5 AND LOT 4, BLOCK 7 O .SAID.GULF SHORE SUBDIVISION; THENCE ALONG SAID 1 , 1, r : 00 FEET TO THE NORTHWEST CORNER OF SAID L* I: . -'• , •* ""►1•CULAR CURVE; THENCE 48.51 FE- . to G THE ARCO •VETO THE RIGHT AND ALONG THE WE RLYL#NE, F SAID LOT HA NG A RADIUS OF 225.00 FEET,A CE - .L ANG • 1 1' CHD •(STANCE OF 48.41 FEET BEARING.- '7. r•t , •c 0I ._ '— THE ABOVE D • - • • • ! EINNING; .: . A UARE FEET OF LAND. aki t,,... 161 7'tIRS C *** OR 5395 PG 1770 *** WM vKaw P • n 0 --- k g>Zc�m 7 �ZZ a1 d til 2 Et 1.1111 11 illll o N o 9 11 492 5nm -will ,. x -i m O Irn k411 C 41 4 •,•44 pri C_ x s iI r's- _ mm T. •*m s- cni 1 A likpi ,4:;.is- M ;67V... g 1 m ijg 4012 o preco-4-- .8 PM i,t. _, 6e• C CO 71 17 CO 1k�Pi x � O� 111€ Q ;--ilirr r- on rc' -2 .- ,/, -,- X N� c. iti m I2i61 / im 1 Z zb gEt uplig p02 3pZ133DQ 0A01 rp 5 2 Trnm h 3 ! I!U )-0 O IA 00 V c�. cAmoy .v 2ZAx -cmy' cl' mmg . �+5` 02 At Z2 8 n o 'tflh1iIF vy:' zyTOrM+ .gmFcfi0 %fvD9t tr- i zUSDzm O0 Minn f 1 p F8 tom5 NN. � r pc {� Oo� O izmm -0lP .‹if5 ,.— I T 4 Q O VN _ Best Available Image PROPERTY OWNERSHIP DISCLOSURE FORM I Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.coliiereov.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: �..0 _ Name and Address %of Ownership , t3e'j s r\ 5"v % }3O-'7 Pt1 c.4 Circke, 14,15%•45 3'657 frIu CA/ "F"h,.c. b. M k e l l e r 5-0 G r c ,_, ?i.l;c,.•.l�•�ct L$ Mi 5(,,s-1 a. 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 Acountunty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliereov.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 1 7 g, d o 17 Leased:Term of lease years/months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Cotll�er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.collieraov.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 t ? Ia7 / Is Agent/Owner Signature Date 5A-caer. J 13t,r�eso �, Agent/Owner Name(please print) Created 9/28/2017 Page 3 of 3 AFFIDAVIT OF AUTHORIZATION • CYNTHIA MUELLER • STEVEN BERGESON AFFIDAVIT OF AUTHORIZATION (-71. / FOR PETITION NUMBERS(S) \ L—.2-0[6 WO I I, C-y ki ti")1 ck IA LA fe- \-t 1,-- (print name), as, OCL,M_Y,-- (title, if applicable)of 3,11514 L.;‘NT,yje, ( t--1,s (company, Ifiwilicable), swear or affirm under oath, that I am the (choose one)ownerlapplicantricontract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County In accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize ..)‘._i f tSv 3", to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v.pres. • if the applicant is a Limited Liability Company (L.L.C.) or Limited Company (LC.), then the documents should typically be signed by the Company's 'Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that 1 have read the foregoing Affidavit of Authorization and that the facts stated in it are true. 1 ,i'Pr s ALeiefel—• Yr)t f 7-3 - 18 Signature Date i 64"10 i 1 i STATE OF : - • . cogisa COUNTY OF - ; • Therforegoin9 instrument was sworn to (or affirmed)and subscribed before me on 7.3.1% (date)by L.6%elitA„.0, mkicit-cAr (name of person providing oath or affirmation), as who is personally known to me or who has produc•d ', 0 Dv I\tee't 1-4 tek-Ce (type of identification) as identification. r I A . 011,41 A, . STAMP/SEAL ''t-1'—'''--.4''6'4,-- ---41,--0.--, •' '.' ,.0, Signature of N"vary Public I % No -v Pub!;.; c; My(7',-,(1-.s-,un 1 !cps ;,„:,:al. 4 44 ,,.414'"11:0"44IVNIV".4f*"4,, -1144".4i,"'•'11 CP\08-00A-001151155 REV 3/24/14 AFFIDAVIT OF AUTHORIZATION! FOR PETITION NUMBERS(S)3L-go 16 _ (print name), as w r- (title, if _ ) applicable) of (company, If .2.211cable), swear or affirm _ under oath, that I am the(choose one) ownerj x lapplicant=eontract purchaser i and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. Al! 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. Weil authorizezet,/, 11,z **-4'( to a— as our/my representative in any matters regarding this petition including 1 through 2 above. "Notes: • if the applicant is a corporation, then it is usually executed by the corp. pres, or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the genera;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 "as trustee". • In each instance, first determine the applicant's status, e.g, individual, corporate, trust, partr,ership, and then use the appropriate format for that ov,nership. Under penalties of perjury, declare that I have read the foregoing Aftidevit of Authorization and that the facts sta`- in it are true. - 7 lig STATE CF ' IAMlfor COUNT; OF CO,,t4eliER Oeciter The foregoing instrument was sworn to (or affirmed)and subscribed before me on P19,7 /ig (date) by (name at person providing oath or affirmation), as who is personally known to me or who has produced N (type of identification) as identification. , 4 OA) STAMP/SEAL Signe ure s Notary Publi KELLY RAE JOHNSON NOTAFzY Pt IC-kir,INFSOTA AN, 155 31241(4 DRAWINGS I 1 :4 1 N r 1 JN w in ' ', ,"`. ,�+ t .. 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I fly a N1 o Lii "a Z �� a x W ; X ❑ x I I x X i SUBMERGED RESOURCE SURVEY 1 BERGESON & MUELLER DOCK 3254 LAKEVIEW DRIVE NAPLES, FL 34104 SUBMERGED RESOURCE SURVEY APRIL 4,2018 PREPARED BY: TURRELL,HALL&ASSOCIATES,INC 3584 EXCHANGE AVENUE,STE B NAPLES,FL 34104 BERGESON&MUELLER DOCK SUBMERGED RESOURCE SURVEY APRIL 4,2018 1.0 INTRODUCTION The Bergeson & Mueller proposed docking facility is located at 3254 Lakeview Drive, identified by Parcel Number 48174720003. The property is west of Bayshore Road,just east of Lakeview Drive, bound to the west by the waterway, and bound to the north and south by single-family residences. The property is located in Section 14, Township 50 South, and Range 25 East. The upland portion of the property is a vacant single-family residential lot. 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 new docking facility within the man-made waterway portion of the Gordon River. The SRS survey was conducted on April 4, 2018. Light east winds, mostly clear skies, and an incoming 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 74°F. Low tide occurred at 9:26 A.M(1.0') and high tide occurred at 3:01 P.M(2.7') on the date of the survey. 2.0 OBJECTIVE The objective of the Submerged Resource Survey was to identify and locate any existing submerged resources within the limits of the proposed dock project or within 200-feet of the project area. The survey provided onsite environmental information to help determine if the proposed project would impact any existing submerged resources and if so would assist in reconfiguring the proposed dock in order to minimize any impacts. If seagrasses are present within the project area it needs to be determined if the seagrass beds are small in size or if they are part of a large seagrass bed. The general scope of work performed at the site is summarized below. • Turrell, Hall & Associates personnel conducted a site visit and I snorkeled these transects within the proposed project basin and verified the location of any submerged resources. • Turrell, Hall & Associates personnel identified submerged resources at the site, estimated the % of coverage, and delineated the approximate limits of any submerged resources observed. • Turrell, Hall & Associates personnel delineated limits via a handheld GPS (Garmin Model 76csx). Page 1 of 4 BERGESON&MUELLER DOCK SUBMERGED RESOURCE SURVEY APRIL 4,2018 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 and the surrounding area expanding out 200-feet from the project site. 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 swam these transects using snorkel equipment 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 one distinct classification; silt/muck material. This substrate was found scattered throughout the entire surveyed area. There was also scattered shell and numerous rip-rap rocks scattered along the property mangrove shoreline. The shoreline consisted of a mangrove rip-rap shoreline which provides habitat and cover for fish, crabs, and some barnacles, growing on and around the rocks. The majority of the survey area 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 this portion of Naples Bay as well as the water clarity not allowing much sunlight penetration. This was most evident in the deeper water depths. Page 2 of 4 BERGESON&MUELLER DOCK SUBMERGED RESOURCE SURVEY APRIL 4,2018 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 1 —Observed Fish Species Common Name Scientific Name mangrove snapper Lutjanus griseus sheepshead Archosargus probatocephalus striped mullet Mugil cephalus snook Centrompus undecimalis 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. Scattered barnacles were observed growing on the existing dock piles. The only resources observed during the survey were fish species which included: 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. Page 3 of 4 BERGESON D SUBMERGED RESOURCE&MUELLER SURVE APRIL 4,201OCKY8 I 1W4 2 at - t r x • Muck/silt sediment along entire subject shoreline 1 0, r r eta F it _ f; ` • Mangrove shoreline Page 4 of 4