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HEX Agenda 04/25/2019AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, APRIL 25, 2019 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING & REGULATION BUILDING, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. BDE-PL20150001366 – Villages at Stella Maris Master Association, Inc. request a 10 foot boat dock extension over the maximum 20 feet limit in Section 5.03.06 of the Land Development Code for a total protrusion of up to 30 feet to accommodate a maximum 68 slip multi-family docking facility for the benefit of the Villages at Stella Maris condominium units within Tracts M-1 and M-2 of Stella Maris, located in Port of the Islands, on the west side of Cay Drive, just south of Tamiami Trail East (U.S. 41) in Section 9, Township 52 South, Range 28 East, Collier County, Florida. [Coordinator: James Sabo, AICP, Principal Planner] B. PETITION NO. BD-PL20180001843 – Godfrey and Patricia Turner request a 57.5-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 77.5 feet, for a boat dock facility with one boat slip and a kayak platform located at 26 Dolphin Circle, on the west side of Dolphin Circle, north of Pelican Street West, in Section 31, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: James Sabo, AICP, Principal Planner] C. PETITION NO. BDE-PL20170000557 – Audubon Country Club Foundation, Inc. requests a dock facility extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 433.6 feet from the property line and 66 feet from the mean high water line, to accommodate a new boardwalk and observation deck for the benefit of the Audubon Country Club community which will access the boardwalk on Tract A of the Audubon Country Club, Unit Three – Addition subdivision, located southwest of Audubon Boulevard, approximately one half mile west of Vanderbilt Drive, in Section 8, Township 48 South, Range 25 East, Collier County, Florida [Coordinator: Gil Martinez, Principal Planner] 4. OTHER BUSINESS 5. PUBLIC COMMENTS 6. ADJOURN HEX BACKUP MATERIALS BDE APPLICATION PL#20150001366 STELLA MARIS PREPARED BY: TURRELL HALL & ASSOCIATES, INC 3584 EXCHANGE AVENUE NAPLES, FL 34104 PH: 239-643-0166 BDE APPLICATION w/ Primary & Secondary Criteria & Addressing Checklist PRIMARY CRITERIA 1. We are applying for 68 boat slips total for the existing 84 condo units. This number meets all the requirements under Collier county Manatee Protection plan considering we have 1,486 feet of seawall. 2. Our Community has seawall on all water exposures. We average 8’ of depth at the wall. 3. The Faka Union Canal is approximately 340 feet wide and the waterway running east serving our Community is approximately 280’ wide. Therefore the proposed docks will not have an adverse impact on navigation. 4. We are asking for 10-foot extension from the allowed 20-ft for a total of 30 ft from the most restrictive point. This is approximately 11% of the width of the waterway. 5. The dock facility will not interfere with legal neighboring dock facilities as our closest neighbors have their own frontage with existing docks along their seawall. SECONDARY CRITERIA 1. We do not know of any special conditions outside the normal criteria outlined in the MPP. All of our neighbors have existing boat docks with BDE’s of at least 35’. There is a marina west of our community on the canal. The marina is currently expanding their facility. 2. Our docks will have a design that works within the excessive deck requirements. Our 30-ft x 6-ft slips will provide safe access for both proposed boat slips on each finger pier. The decking will not cover the entire frontage. 3. The MPP dictates the amount of slips allowed for multi-family docks in Port of the Islands. 4. The entire waterfront and all dwelling are owned by our master community, The Villages at Stella Maris. We will not block our neighbors view as they have their own waterfront with existing docks. 5. Sea grasses were not observed int eh submerged lands subject to the proposed docks. 6. We are subject to the collier County MPP and our Community is called out in the plan. We have met all the requirements for Port of the Islands. K>>/ZKhEdz'KsZEDEd 'ZKtd,DE'DEdWZdDEd ǁǁǁ͘ĐŽůůŝĞƌŐŽǀ͘ŶĞƚ ϮϴϬϬEKZd,,KZ^^,KZ/s EW>^͕&>KZ/ϯϰϭϬϰ ;ϮϯϵͿϮϱϮͲϮϰϬϬ&y ;ϮϯϵͿϮϱϮͲϱϳϮϰ ADDRESSING CHECKLIST 3OHDVHFRPSOHWHWKHIROORZLQJDQGHPDLOWR*0'B$GGUHVVLQJ#FROOLHUJRYQHWRUID[WRWKH2SHUDWLRQV'LYLVLRQ DWRUVXEPLWLQSHUVRQWRWKH$GGUHVVLQJ6HFWLRQDWWKHDERYHDGGUHVV)RUPPXVWEHVLJQHGE\ $GGUHVVLQJSHUVRQQHOSULRUWRSUHDSSOLFDWLRQPHHWLQJplease allow 3 days for processing. 1RW DOO LWHPV ZLOO DSSO\ WR HYHU\ SURMHFW ,WHPV LQbold type DUH UHTXLUHGFOLIO NUMBERS MUST BE PROVIDED.)RUPVROGHUWKDQPRQWKVZLOOUHTXLUHDGGLWLRQDOUHYLHZDQGDSSURYDOE\WKH$GGUHVVLQJ6HFWLRQ PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) %/%ODVWLQJ3HUPLW %'%RDW'RFN([WHQVLRQ &DUQLYDO&LUFXV3HUPLW &8&RQGLWLRQDO8VH (;3([FDYDWLRQ3HUPLW )3)LQDO3ODW //$/RW/LQH$GMXVWPHQW 31&3URMHFW1DPH&KDQJH 33/3ODQV 3ODW5HYLHZ 3633UHOLPLQDU\6XEGLYLVLRQ3ODW 38'5H]RQH 5=6WDQGDUG5H]RQH 6'36LWH'HYHORSPHQW3ODQ 6'3$6'3$PHQGPHQW 6'3,,QVXEVWDQWLDO&KDQJHWR6'3 6,36LWH,PSURYHPHQW3ODQ 6,3,,QVXEVWDQWLDO&KDQJHWR6,3 6156WUHHW1DPH&KDQJH 61&6WUHHW1DPH&KDQJH±8QSODWWHG 7'57UDQVIHURI'HYHORSPHQW5LJKWV 9$9DULDQFH 9539HJHWDWLRQ5HPRYDO3HUPLW 956)39HJHWDWLRQ5HPRYDO 6LWH)LOO3HUPLW 27+(5 LEGAL DESCRIPTION RIVXEMHFWSURSHUW\RUSURSHUWLHV(copy of lengthy description may be attached) FOLIO (Property ID) NUMBER(s)RIDERYH(attach to, or associate with, legal description if more than one) 675((7$''5(66RU$''5(66(6(as applicable, if already assigned) 352326('675((71$0(6(if applicable) 6,7('(9(/230(173/$1180%(5(for existing projects/sites only) LOCATION MAP PXVWEHDWWDFKHGVKRZLQJH[DFWORFDWLRQRISURMHFWVLWHLQUHODWLRQWRQHDUHVWSXEOLFURDGULJKW RIZD\ 352326('352-(&71$0((if applicable) 6'3RU$5RU3/ 6859(<FRS\QHHGHGRQO\IRUXQSODWWHGSURSHUWLHV &855(17352-(&71$0((if applicable) Rev. 6/9/2017 Page 1 of 2 ■ STELLA MARIS TRACT M-1 LESS OR 3531 PG 69, LESS THAT PORTION NKA VILLAGES AT STELLA MARIS CONDOMINIUM 2400 CONDO AS DESC IN OR 4004 PG 528, LESS VILLAGES AT STELLA MARIS CONDOMINIUM 2500 CONDO AS DESC IN OR 4040 PG 832, LESS VILLAGES AT STELLA MARIS CONDOMINIUM 2600 CONDO AS DESC IN OR 4127 PG 3241, LESS VILLAGES AT STELLA MARIS CONDOMINIUM 2700 CONDO AS DESC IN OR 4149 PG 3573, LESS VILLAGES AT STELLA MARIS CON- DOMINIUM 2800 CONDO AS DESC IN OR 4180 PG 1185 LESS VILLAGES AT STELLA MARIS CONDOMINIUM 2900 CONDO AS DESC IN OR 4182 PG 3419 74890000301 & 74890000602 Stella Maris Drive Villages at Stella Maris 20140000235 K>>/ZKhEdz'KsZEDEd 'ZKtd,DE'DEdWZdDEd ǁǁǁ͘ĐŽůůŝĞƌŐŽǀ͘ŶĞƚ ϮϴϬϬEKZd,,KZ^^,KZ/s EW>^͕&>KZ/ϯϰϭϬϰ ;ϮϯϵͿϮϱϮͲϮϰϬϬ&y ;ϮϯϵͿϮϱϮͲϱϳϮϰ 3OHDVH5HWXUQ$SSURYHG&KHFNOLVW%\(PDLO3HUVRQDOO\SLFNHGXS ASSOLFDQW1DPH 6LJQDWXUHRQ$GGUHVVLQJ&KHFNOLVWGRHVQRWFRQVWLWXWH3URMHFWDQGRU6WUHHW1DPH DSSURYDODQGLVVXEMHFWWRIXUWKHUUHYLHZE\WKH2SHUDWLRQV'LYLVLRQ FOR STAFF USE ONLY FROLR Number Folio Number Folio Number Folio Number )ROLR1XPEHU )ROLR1XPEHU Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED )D[ (PDLO)D[3KRQH 3URMHFWRUGHYHORSPHQWQDPHVSURSRVHGIRURUDOUHDG\DSSHDULQJLQFRQGRPLQLXPGRFXPHQWVLIDSSOLFDWLRQ LQGLFDWHZKHWKHUSURSRVHGRUH[LVWLQJ Rev. 6/9/2017 Page 2 of 2 6/11/2018 74890000301 74890000602 Villages at Stella Maris ■ Jeff Rogers 239-643-0166 Jeff@thanaples.com PROPERTY INFORMATION Warranty Deeds & Settlement Agreement 8Y]w6Jx|bJfJhx!WqJJfJhx!WqJJfJhx]wf<HJ?HJhxJqJH]lynJNJGx]J<wnK,<iB %NJGx]J$<xJ F<hHFJxJJh3b<]hx]Ow 9]bb<WJw<x6xJbb</B]w#nhHnf]h_f !wwnG]<x]nh *hG 9]bb<WJw<x6xJbb</B]w#nhHnf]h]!wwnG]<x]nh *hG 9]bb<WJw<x 6xJbb</B]w#nhHnf]h_f!wwnG]<x]nh *hG?H9]bb<WJw<x6xJbb</B]w#nhHnf]m !wwnG]<x]nh *hGGnbbJGx]Jb3b<]jy]Ow?H$JMhH<hxw 9]bb<WJw<x6xJbb</B]w0<wxJq !wwnG]<x]nh *hG 9]bb<XJw<x6xJbb</B]w/ ..# 9]bb<WJw<x6xJbb</B]w#nhHnf]h]f !wwnG]<x]nh *hG 9]bb<WJw<x6xJbb</B]w#nhInf]h]f!wwnG]=}]nh *hG 9]bb<XJw<x 6xJbb</<q]w#nhHnf]h]f!wwnG]<x]nh *hG 9]bb<XJw <x 6xJbb</<q]w#nhHnf]h]f !wwnG]<x]nh *hG 9]bb<WJw<x6xJbb</B]w#nhHnf]h]f!wwnG]<x]nh *hG <hH9]bb<WJw <x6xJbb</B]w#nhHnf]h]f!wwnG]<x]nh *hGGnbbJGx]Jb$JMhH@yw xYJp<q|]JwYJqJxnY<JFJJh]hnbJH_hnhWn]hWb]x]W<x]nhqJWBH]hW< H]wpxJFJxJJhxYJfqJWBH]hWYJxYJq$JMhHAy9]bb<WJw<x7xJbb</B]w/<wxJq!wwnG]<x]nh *hG]w<f<wxJqGnhHnf]h_f<wwnG]<x]nh?H]xwpGY<wJnK8<Gx/ Vnf$JMhH<ky:]bb<WJw <x6xJbb</B]w/ ..# JpE]JwY<J<WqJJHhnxxn<Hf]xxn?b]<F]b] FxJ<GYpEHnJw<WqJJ <xwJbJfJix]w]h]xwqJwpJGx]JFJwx]jzJqJwxwxn<n]HxYJw]Wh]QG@yGnwxwnK<hHxYJhGJq|<]h <wwnG]<xJH]xYxYJpqJwJhxb]x]W<x]oh ]J#<wJ1nc #! 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J(ǧt:ǧþĀǧ)ĳĪǧÍĴǧ)Yǧ ÞǁƅìùĸŎĹǐZǧ (Őǧ ǧ Ɔ &&ǧ7Ƈǧ hǧ %ǧgǑǧůĵǧ %ǧ ǧ ā1 ǧlǧĂśĎ& ǧǧG:ǧ} ǧEƈǧ<ğō>ǧĶǧǧŃǧ ǧǧpěüƣ¬ǧ&ǧ.ǒǧôǧr0 ǧgǓǧŪǧ 1ķƠūŜǧ.mJǧŰǧ%ǧ Ǜǧǧ 19&ǧGǧƤ ǧ61.şƷǧǧCIŝ8ǧǆīrǧǧMðǧHǧĥǧĞƊ ǧġF¹ +ª;733ª:1-ªOª.OzªX<ªOOGJªOOª2IOªtOjDª >lJªrkNrmªslªOªJ=ª<lKªT{ªBrªzZª 4ZVlOMªO?bOLª=pLªJOcZO¤ªZqªrªxzOmHª 4[Wª=¥¦ª9"$5ª.ª46%ª*4ª) ª ! ª # ª ª § ª ¡ ª >ªc|\J>ª(fª ª ^]aª¢'C_ªtgy?nª £ 0ª,ª&Pª ª @JªQ O}¨ªYVOoªEJªvdOª hOiFO~ªuRª8`?UOªvRª5e?ª©?ª) ª""ª /AVOwSª AFFIDAVIT OF REPRESENTATION DRAWINGS <> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE: N 25° 57' 27.05"<> LONGITUDE:W 81° 30' 30.802"<> STELLA MARIS NORTHNAPLES, FL 34114REV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:p:\1502-villages at stella maris\CAD\SHEET\PERMIT-COUNTY\1502-STELLA_MARIS-BDE.dwg LOCATION 3/20/2019 THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JRRMJ06-07-181502RMJLOCATION MAPRMJRMJRMJ-06-29-1808-24-1809-26-1803-18-19-JRJRJRJR-REVISED SITEPLANSHEETS 2,4,6-8PAGES 4-7PAGES 3-5-01 OF 09      8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTY NESW0100200 400SCALE IN FEET,STELLA MARIS NORTHNAPLES FL 34114REV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:p:\1502-villages at stella maris\CAD\SHEET\PERMIT-COUNTY\1502-STELLA_MARIS-BDE.dwg EX AERIAL 3/20/2019 THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JRRMJ06-07-181502RMJEXISTING AERIAL----08-24-18----JR----ADDED TEXT BACKGROUND----02 OF 09xSURVEY COURTESY OF:xxSURVEY DATED:xTHESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.xALL DATUM SHOWN HEREON IS REFERENCED TO MLWxAPPLICANT OWNED SHORELINE (APPX LF):xEXISTING OVERWATER STRUCTURE (APPX SF):xWIDTH OF WATERWAY, MHW TO MHW (APPX):xTIDAL DATUM:xxMLW (NAVD)=xxMHW (NAVD)=NOTES:"COURT GREGORY SURVEYING, INC."03-01-19-0.8'+1.0'1,48585280 & 340BLDG 3BLDG 2BLDG 1BLDG 4CAYS DRSTELLA MARIS NORTH-4-5-8-4-5-7-9-5-8-3-5-7-4-5-8-5-60EXISTING SEAWALLEXISTING DOCKTO BE REMOVED NESW050100 200SCALE IN FEET,STELLA MARIS NORTHNAPLES FL 34114REV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:p:\1502-villages at stella maris\CAD\SHEET\PERMIT-COUNTY\1502-STELLA_MARIS-BDE.dwg EX LINE 3/20/2019 THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JRRMJ06-07-181502RMJEXISTING SITE----03-18-19----JR----PROPERTY & RIPARIAN LINES----03 OF 09xSURVEY COURTESY OF:xxSURVEY DATED:xTHESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.xALL DATUM SHOWN HEREON IS REFERENCED TO MLWxAPPLICANT OWNED SHORELINE (APPX LF):xEXISTING OVERWATER STRUCTURE (APPX SF):xWIDTH OF WATERWAY, MHW TO MHW (APPX):xTIDAL DATUM:xxMLW (NAVD)=xxMHW (NAVD)=NOTES:"COURT GREGORY SURVEYING, INC."03-01-19-0.8'+1.0'1,48585280 & 340BLDG 3BLDG 2BLDG 1BLDG 4CAYS DRSTELLA MARIS NORTHBLDG 5BLDG 6STELLAMARIS M2-5-6-7-8-5-6-7-4-5-6-7-4-8-3-4-7-4-5-6-7-5-6-8-7-4-5-6-50-2-6-9EXISTING DOCKTO BE REMOVEDEXISTING SEAWALLAPPROXIMATERIPARIAN LINEAPPROXIMATERIPARIAN LINESETBACKAPPROXIMATERIPARIAN LINEAPPROXIMATERIPARIAN LINESETBACK CLASSLENGTH (LOA)SLIPSAAVG 22 FT68TOTAL 68NESW0 50 100200SCALE IN FEET12'X12' BOAT LIFT (TYP)REV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:p:\1502-villages at stella maris\CAD\SHEET\PERMIT-COUNTY\1502-STELLA_MARIS-BDE.dwg PRO AERIAL 3/20/2019 THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JRRMJ06-07-181502RMJPROPOSED AERIALRMJRMJRMJ-06-29-1808-24-1809-26-1803-18-19-JRJRJRJR-REVISED SITEPLANADDED TEXT BACKGROUNDADDED DIMENSIONSPROPERTY & RIPARIAN LINES-04 OF 09BLDG 3BLDG 2BLDG 1BLDG 4BLDG 5BLDG 6STELLAMARIS M2xSURVEY COURTESY OF:xxSURVEY DATED:xTHESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.xALL DATUM SHOWN HEREON IS REFERENCED TO MLWxAPPLICANT OWNED SHORELINE (APPX LF):xEXISTING OVERWATER STRUCTURE (APPX SF):xWIDTH OF WATERWAY, MHW TO MHW (APPX):xTIDAL DATUM:xxMLW (NAVD)=xxMHW (NAVD)=NOTES:xPROPOSED OVERWATER STRUCTURE (APPX SF):xTOTAL OVERWATER STRUCTURE (APPX SF):xTOTAL PROTRUSION FROM PROPERTY LINE:PROPOSED FIXED 6' X 30' FINGER PIERS-4-5-6-7-8-4-5-6-3-9-5-6-7-8-4-5-6-7-8-4-5-6-7-4-5-6-70-5-6-730' EXTENT FROM PROPERTY LINE"COURT GREGORY SURVEYING, INC."03-01-19-0.8'+1.0'1,48585280 & 3406,4276,42730'NOTE<> AVERAGE BOAT LENGTH SHALL BE 22 FEET,WITH A MAXIMUM BOAT LENGTH OF 28 FEET.PHASE B (LF):TOTAL (LF):PHASE A (LF):APPROXIMATERIPARIAN LINEAPPROXIMATE32' RIPARIANLINE SETBACKAPPROXIMATERIPARIAN LINEAPPROXIMATE16.7' RIPARIANLINE SETBACKPHASE BPHASE BPHASE APHASE A32'16.7' NESW0 50 100200SCALE IN FEET30' EXTENT FROM PROPERTY LINE12'X12' BOAT LIFT (TYP)REV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:p:\1502-villages at stella maris\CAD\SHEET\PERMIT-COUNTY\1502-STELLA_MARIS-BDE.dwg PRO LINE 3/20/2019 THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JRRMJ06-07-181502RMJPROPOSED SITERMJRMJ--06-29-1809-26-1803-18-19--JRJRJR--REVISED SITEPLANADDED DIMENSIONSPROPERTY & RIPARIAN LINES--05 OF 09BLDG 3BLDG 2BLDG 1BLDG 4BLDG 5BLDG 6STELLAMARIS M2124'124'155'248'124'PROPOSED FIXED 6' X 30' FINGER PIERS-5-6-7-8-5-6-4-5-6-7-4-8-3-4-7-4-5-6-7-5-6-8-7-4-5-6-50-2-6-9CLASSLENGTH (LOA)SLIPSAAVG 22 FT68TOTAL 68NOTES<> THE AVERAGE BOAT LENGTH SHALL BE 22 FEET, WITH A CUMULATIVEBOAT LENGTH NOT TO EXCEED THE SHORELINE LENGTH WITHIN EACHRESPECTIVE PHASE.<> THERE SHALL BE A MAXIMUM OF 42 BOATS WITH AN AVERAGE LENGTHOF 22 FEET, AS LONG AS THE CUMULATIVE LENGTH DOES NOT EXCEED912.05 FEET FOR PHASE A.<> THERE SHALL BE A MAXIMUM OF 26 BOATS WITH AN AVERAGE LENGTHOF 22 FEET AS LONG AS THE CUMULATIVE LENGTH DOES NOT EXCEED573.76 FEET FOR PHASE B.PHASE B (LF):TOTAL (LF):PHASE A (LF):PHASE APHASE BPHASE APHASE BxSURVEY COURTESY OF:xxSURVEY DATED:xTHESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.xALL DATUM SHOWN HEREON IS REFERENCED TO MLWxAPPLICANT OWNED SHORELINE (APPX LF):xEXISTING OVERWATER STRUCTURE (APPX SF):xWIDTH OF WATERWAY, MHW TO MHW (APPX):xTIDAL DATUM:xxMLW (NAVD)=xxMHW (NAVD)=NOTES:xPROPOSED OVERWATER STRUCTURE (APPX SF):xTOTAL OVERWATER STRUCTURE (APPX SF):xTOTAL PROTRUSION FROM PROPERTY LINE:-0.8'+1.0'1,48585280 & 3406,4276,42730'124'155'32'16.7'"COURT GREGORY SURVEYING, INC."03-01-19 PROPOSED FIXED DOCKEXISTING SEAWALLREV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:p:\1502-villages at stella maris\CAD\SHEET\PERMIT-COUNTY\1502-STELLA_MARIS-BDE.dwg DETAIL 3/20/2019 THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JRRMJ06-07-181502RMJTYPICAL DETAIL & SECTIONRMJRMJ--06-29-1808-24-1809-26-18--JRJRJR--REVISED SITEPLANADDED VESSELSMOVED DIMENSION--06 OF 09PROPOSED 12'X12' BOAT LIFT30'6'12'12'TYPICAL DOCK DETAIL1" = 20'TYPICAL DOCK SECTION A-A1" = 10'12'6'12'6'12'12'PROPOSED 12'X12'BOAT LIFTPROPOSED FIXEDDOCKPROPOSED FIXEDDOCK3'X3' FLAREBB07AA06PROPERTY LINEAVERAGE BOAT LENGTHSHALL BE 22 FEET WITH AMAXIMUM BOAT LENGTHOF 28 FEET REV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:p:\1502-villages at stella maris\CAD\SHEET\PERMIT-COUNTY\1502-STELLA_MARIS-BDE.dwg SECTION 3/20/2019 THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JRRMJ06-07-181502RMJTYPICAL DETAIL AND CROSS SECTIONRMJRMJ--06-29-1808-24-1809-26-18--JRJRJR--REVISED SITEPLANADDED VESSELMOVED DIMENSION--07 OF 09TYPICAL DOCK SECTION B-B1" = 8'PROPOSED 12'X12'BOAT LIFTPROPOSED FIXEDDOCKEXISTINGSEAWALL30' PROTRUSION-5-7-8-6PROPOSED FIXED DOCKEXISTING SEAWALLPROPOSED 12'X12' BOAT LIFT30'6'12'12'TYPICAL DOCK DETAIL1" = 20'3'X3' FLAREBB07AA06PROPERTY LINEAVERAGE BOAT LENGTHSHALL BE 22 FEET WITH AMAXIMUM BOAT LENGTHOF 28 FEET NESW0 60 120240SCALE IN FEETREV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:p:\1502-villages at stella maris\CAD\SHEET\PERMIT-COUNTY\1502-STELLA MARIS-BDE.dwg SUBMERGED 3/20/2019 THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JRRMJ06-07-181502RMJSUBMERGED RESOURCE SURVEY----08-24-18----JR----ADDED TEXT BACKGROUND----08 OF 09TYPICAL DIVE TRANSECT10' (TYP)200'200'200'NO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200 FEET OF THEPROPOSED PROJECT. NESW0100200 400SCALE IN FEET,STELLA MARIS NORTHNAPLES FL 34114REV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:p:\1502-villages at stella maris\CAD\SHEET\PERMIT-COUNTY\1502-STELLA_MARIS-BDE.dwg WOW 3/20/2019 THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JRRMJ06-07-181502-WIDTH OF WATERWAY-------------------09 OF 09BLDG 3BLDG 2BLDG 1BLDG 4CAYS DRSTELLA MARIS NORTH340'280'1083' BOUNDARY SURVEY 03/08/2019 03/08/2019 03/08/2019 SUBMERGED RESOURCE SURVEY VILLAGES AT STELLA MARIS 385 STELLA MARIS DRIVE N NAPLES, FL 34114 SUBMERGED RESOURCE SURVEY MAY 2016 PREPARED BY: TURRELL,HALL &ASSOCIATES,INC 3584EXCHANGE AVENUE,STE B NAPLES,FL34104 STELLA MARIS SUBMERGED RESOURCE SURVEY MAY 2016 Page 1 of 6 1.0 INTRODUCTION The Stella Maris dock project is located at 385 Stella Maris Drive North in Port of the Islands, FL and is identified by Collier County as Parcel Number 74890000301. The Villages at Stella Maris Master Association, Inc. is located at 815 Bald Eagle Drive, #201, Marco Island, Florida 34145. The property is located in Port of the Islands just south of US 41 (Tamiami Trail), off of Stella Maris Drive within Section 9 Township 52 South, and Range 28 East. The upland portion of the property is currently developed by a multi-family development with an existing concrete seawall shoreline. There are no existing docks on the subject property however the HOA is proposing to construct docks for each upland home owner once the county approval process is finalized. The neighboring properties within the Faka Union Canal are all authorized to have 1 boat slip per upland unit. Turrell, Hall & Associates, Inc. was contracted to provide a Submerged Resource Survey (SRS) for the proposed docking facility. This survey will provide planning and review assistance to both the owners and the agency reviewers, in regards to the proposed project. The proposed project consists of designing and constructing a multi-family docking facility and associated boatlifts. The field visit for the SRS was conducted on May 3, 2016, at 9:30 A.M. An incoming tide with moderate southeast winds and clear skies resulted in fair underwater visibility that ranged from 2-3 feet. Surface water conditions on this day were relatively calm which also helped to provide good environmental conditions for the survey. The water temperature was 78°F. Low tide occurred at 7:18 A.M (0.1’) and high tide occurred at 1:11 P.M (2.5’) on the date of the survey. 2.0 OBJECTIVE The objective of the Submerged Resource Survey was to identify and locate any existing submerged resources within the limits of the proposed dock project along their entire shoreline 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 docking facility 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. x Turrell, Hall & Associates, Inc. personnel conducted a site visit and snorkeled within the proposed project footprint and documented the location of any submerged resources. x Turrell, Hall & Associates, Inc. personnel identified submerged resources at the STELLA MARIS SUBMERGED RESOURCE SURVEY MAY 2016 Page 2 of 6 site, estimated the % of coverage, and delineated the approximate limits of any submerged resources observed. x Turrell, Hall & Associates, Inc. personnel delineated limits via a handheld GPS (Garmin Model 72H). 3.0 METHODOLOGY Turrell, Hall & Associates, Inc. biologists intentionally designed the methodology of the SRS to cover the entire property shoreline and extend out past any proposed dock footprint. The components for this survey included: ƔReview of past aerials and past surveys completed near or adjacent to the subject property ƔReview of aerial photography of survey area ƔPhysically snorkel sites, GPS locate limits of submerged resources, and determine approximate percent of coverage Ɣ'RFXPHQWDQGSKRWRJUDSK all findings The surveyed area was evaluated by snorkeling along the shoreline from a boat. Surveying the proposed project area was relatively easy as a result of the existing neighboring docks providing easily identifiable reference markers, such as dock piles, which assisted in locating any resources observed. Two biologists from Turrell, Hall & Associates, Inc. surveyed the site using snorkel equipment throughout the entire surveyed area. Located submerged resources were photographed, the approximate percent of coverage was quantified, and their approximate location was delineated on an aerial photo and then confirmed via handheld GPS (Garmin Model 78 CS). A half meter square quadrant, further broken into sections to make coverage estimates more measureable was used on site. Random placements of the quadrate were done within observed seagrass beds and the individual results were compiled into an average estimated coverage for the seagrass beds. The findings are shown on the attached exhibit. 4.0 RESULTS The survey was completed on May 3, 2016, during an incoming tide and resulted in no observed resources within the riparian area of the subject property. Further investigation into documenting the conditions of the area revealed that, although the water is relatively clear due to freshwater runoff input from the upstream portion of the Miller and Faka Union Canals. Due to the freshwater input into this system the area is not known to have seagrass growth and limited amount of oyster or barnacle growth as well. STELLA MARIS SUBMERGED RESOURCE SURVEY MAY 2016 Page 3 of 6 The substrate found within the surveyed area included two similar classifications; silt/muck material and a silt/sand with shell debris. The shallow area from the seawall waterward was identified as being made up of the silt/sand material with shell/oyster debris and the remaining area consisted of the just the silt/muck material. A few marine species were also observed during the survey with numerous manatees observed utilizing the waterway. A list of these species has been prepared and is provided below as Table 1. Table 1 – Observed Marine Species 5.0 CONCLUSIONS Overall there are no resources observed within the proposed project area. Water clarity was good and the close proximity to Faka Union weir ensures that freshwater input to this system will be continuous and submerged resources will minimized due to low salinity levels. The lack of typical saltwater resources for this area is likely due to the freshwater input but the area does provide resources for manatees which seem to be thriving within the surrounding waterway. It is the opinion of Turrell, Hall & Associates, Inc. that any proposed docking facility to be constructed along the subject property shoreline will not have any impacts to any submerged resources. Common Name Scientific Name Mangrove Snapper Lutjanus Griseus Sheepshead Archosargus Probatocephalus Striped Mullet Mugil Cephalus Manatee Trichechus manatus Florida Alligator A. mississippiensis STELLA MARIS SUBMERGED RESOURCE SURVEY MAY 2016 Page 4 of 6 Typical bottom sediment observed on-site sand and shell debris Typical Sediment: Silt sand with shell debris STELLA MARIS SUBMERGED RESOURCE SURVEY MAY 2016 Page 5 of 6 Face of seawall with barnacle and algae growth Typical barnacle and algae growth on swim ladder along shoreline STELLA MARIS SUBMERGED RESOURCE SURVEY MAY 2016 Page 6 of 6 Looking towards weir and US 41 Looking west along property shoreline NESW0 50 100200SCALE IN FEETREV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:P:\1502-Villages at Stella Maris\CAD\SHEET\EIA\1502-STELLA MARIS- TRANSECTS.dwg TRANSECT 5/10/2016 THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:T.T.T.SPC5/10/161502-DIVE TRANSECT EXHIBIT-------------------01 OF 0150'10'DIVE TRANSECTDIVE TRANSECTSTELLA MARIS DRIVE N. OTHER DOCUMENTS: PRE-APP MEETING NOTES OTHER DOCUMENTS: PUBLIC HEARING SIGN PHOTOS & AFFIDAVIT AGENDA ITEM 3-B Coiller County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: APRIL 25, 2019 SUBJECT: BDE-PL20180001843, 26 DOLPHIN CIRCLE, TURNER DOCK. PROPERTY OWNER/AGENT: Owner: Godfrey M. Turner and Patricia A. Turner 26 Dolphin Circle Naples, FL 34113 Agent: Imperial Marine Construction Inc. 601 E. Elkcam Circle B2 Marco Island, FL 34145 RE UESTED ACTION: The petitioner is requesting approval for reconstruction of a boat dock. The proposed dock facility will protrude 77.5 feet from the sea wall panel, which is the most restrictive measurement. The dock was originally approved and constructed in 1978 under permit number 78-1228. The BDE application seeks to reconstruct the dock with some minor modifications. GEOGRAPHIC LOCATION: The subject property is located at 26 Dolphin Circle on the Isles of Capri, Unit 1, Lot 141, further described as Section 31, Township 51 South, Range 26 East. Collier County, Florida. (See location map on rhe following page) BDE-PL20180001843, Turner Dock Page 1 of 9 ver.4.8.19, HEX 4125119 Location Map N D CD Peti#ion plumber: PL20180001843 Zoning Map PURPOSE/DESCRIPTION OF PROJECT: The proposed project includes reconstruction of the previously existing dock that was destroyed during the 2017 Hurricane Irma event. The original dock was approved under Permit #78-1228 and the applicant was not able to obtain permit documentation from the County Records Division. The new dock construction will stay within the same dimensions as the previously approved dock facility. However, the new dock protrusion will be shorter and reduced from 78.2 feet to 77.5 feet. Additionally, the setbacks for the new boat dock will be reduced as well. The minimum side setbacks are 15 feet at the north and south property lines. The setbacks for the proposed dock are 32.5 at the north property line and 45.5 feet at the south property line. The setbacks for the former dock were 31.2 feet at the north property line (former boat lift side) and 44.8 feet at the south property line. The proposed boat dock facility would protrude 77.5 feet from the sea wall plane, which is the most restrictive measurement. The total decking area for the dock is proposed at approximately 560 square feet. The total decking area proposed over water is the same. The access dock is proposed at 4 feet wide. The terminal dock is 6'x 26' and 156 square feet in area. The proposed extension request is 57.5 feet over the allowable 20 -foot maximum protrusion from the property line. The modifications to the former dock include relocation of the boat lift mechanism to the western edge of the proposed dock. Additionally, the applicant proposes to add a 12' x 12' kayak platform lift at the north side of the dock. As proposed, the dock extends into the waterway very similar to the dock facilities north and south of the proposed dock. The applicant states the dock protrusion would not cause any navigational issues because Capri Pass waterway is about 1,200 feet wide. Every house along Dolphin Circle has a boat dock facility. However, the zoning maps only show two approved boat dock permits. Permit BD -93-22 was approved in 1994 for 38 Dolphin Circle and Permit BD -00-11 was approved in July of 2000 for 2 Dolphin Circle. The Property Appraiser records provide detail for several other docks. They are Permit 71-64, which was approved for 36 Dolphin. Permit 78-241 was approved for 34 Dolphin. There was no permit for 30 Dolphin, but the property appraiser shows a dock record in 1978. Permit 80- 4086 was approved for 18 Dolphin. There was no permit for 14 Dolphin, but the property appraiser shows a dock record in 1969. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: The upland property is zoned RSF-4. The waterway is zoned A -ST. SURROUNDING: North: Residential, zoned RSF-4 East: Residential, zoned RSF-4 BDE-PL20180001843, Turner Dock Page 3 of 9 ver.4.8.19, HEX 4/25/19 South: Residential, zoned RSF-4 West: Capri Pass, inland waterway ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request. The property is located in an ST overlay zone; an ST -Permit has been obtained on 7/2/2018 (PL20180001849) for the proposed docking facility. The proposed dock is to be constructed waterward of the existing seawall. The shoreline does not contain mangroves. The submerged resources survey provided revealed presence of two seagrass species, Shoal grass (Halodule beaudettei) and Paddle grass (Halophila decipiens). The Shoal grass is located northeast of the proposed dock and will not be impacted. The Paddle grass beds are located in two areas. The main area of Paddle grass runs parallel with the property's seawall and is located Northwest just beyond the dock's terminal platform and a second location of Paddle grass is located Southwest of the dock's terminal. The Paddle grass location meets the description referenced in LDC (5.03.06 J.2): All proposed dock facilities shall be located and aligned to stay at least 10 feet from any existing seagrass beds, except where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, and to minimize negative impacts to seagrasses and other native shoreline, emergent and submerized vegetation and hard bottom communities The docking facility has been designed to minimize impacts to the existing seagrass. The installation of the dock and boatlifts will encroach into and be adjacent to the seagrass beds. Therefore, in accordance with LDC 5.03.06 J.3 the following design criteria must be conditions of approval: a. The dock shall be at least 2.2 feet NAVD. b. The terminal platform area of the dock shall not exceed 160 square feet c. The access dock shall not exceed a width of 4 feet. d. The access dock and terminal platform shall be sited to impact the smallest area of seagrass beds possible. The proposed dock meets the standards of Section 5.03.06 J.3 of the LDC. 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. BDE-PL20180001843, Turner Dock Page 4 of 9 ver.4.8.19, HEX 4/25/19 AERIAL PHOTO STAFF COMMENTS: The Collier County Hearing Examiner (HEX) shall approve, approve with conditions, or deny, a dock facility extension request based on the following criteria. In order for the HEX to approve this request, it must be determined that at least four of the five primary criteria and four of the six secondary criteria have been met. Staff has reviewed this petition in accordance with Section 5.03.06.H and finds the following: Primary Criteria Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi -family use should be one slip BDE-PL20180001843, Turner Dock Page 5 of 9 ver.4.8.19, HEX 4125119 per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Criterion met. The proposed facility consists of a single slip boat lift dock with a kayak platform at the north end. The proposed dock is appropriate in relation to the 120 feet of waterfront property. The subject property is zoned RSF-4 under the provisions of the Collier County Land Development Code. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) Criterion met. According to the survey submitted by the petitioner, the water depth at the site is too shallow to accommodate the watercraft described in the petitioner's application at mean low tide. The mean low water depth is -1.63.0 feet, which meets the intent of criterion two. 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. According to the documentation photo submitted by the petitioner, the width of the navigable waterway is approximately 1,200 feet. The boat dock will not impact a marked or charted navigable channel as the width of the waterway is large. The documentation photo has been provided as part of the packet materials. 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 documentation photo details that the waterway measures approximately 1,200 feet wide. The proposed dock facility will occupy far less than 25 percent of the waterway width, and substantially more than 50 percent of the width will be maintained for navigability. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Criterion met. As stated, there are dock facilities at every house along Dolphin Circle. The proposed replacement dock will be constructed in the same location as the previous dock. The actual dimensions are smaller than the former dock. The site BDE-PL20180001843, Turner Dock Page 6 of 9 ver.4.8.19, HEX 4/25/19 drawings show that the proposed dock is 32.5 feet from the north property and 45.5 feet from the south property line. The survey indicates the proposed dock facility will not interfere with the use of neighboring docks. Secondary Criteria 1. Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Criterion met. A submerged resources survey was performed by Turrell, Hall and Associates, Inc. on August 9, 2018. The survey indicates the presence of seagrasses, specifically shoal and paddle grasses, and submerged resource survey concludes that the proposed dock configuration fully minimizes negative impacts to the surrounding seagrass bed. The existing seagrass bed is a special condition that justifies the proposed dimensions of the proposed dock facility. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Criterion met. The deck shown on the drawings submitted by the petitioner is not excessive, and square footage of deck area is comparable to other approved docks in similar vegetative areas. Additionally, it meets the provisions of Section 5.03.06. 3. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Criterion met. The subject property contains 120 feet of waterway frontage, and the vessels proposed are kayaks and a small boat about 16 feet in length, which are less than 50 percent of the water frontage. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. The proposed dock facility will be setback from the riparian lines in accordance with the requirements of the LDC. There would not be a major impact on the view of the neighboring property owners. BDE-PL20180001843, Turner Dock Page 7 of 9 ver.4.8.19, HEX 4/25/19 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(I) of the LDC must be demonstrated.) Criterion met. As stated, the submerged resources survey prepared by Turrell, Hall and Associates, Inc. indicates that there are seagrass beds that will be impacted by the proposed dock facility. The Turrell Hall survey report indicates that the dock facility as proposed will fully minimize the impact on the seagrasses at the dock location. 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 is not applicable. The proposed project is for a single-family residential boat dock facility. Section 5.03.06.E.11, Manatee Protection Plan, is not applicable for this boat dock proposal. Staff analysis indicates that the request meets all five primary criteria and five of the six secondary criteria of the LDC provisions for the installation of a new boat dock facility. The recommendation by staff to the Collier County Hearing Examiner is approval. APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS: For any boat dock extension petition acted upon by the Collier County Hearing Examiner, 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 Head within 30 days of the action by the Hearing Examiner. If approved by the Hearing Examiner, the applicant shall be advised that they must not proceed with construction during the 30 -day period. Any construction work completed ahead of the approval authorization shall be at their own risk. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for BDE PL20180001843 on April 5, 2019. RECOMMENDATION: Based on the above findings, the Zoning Division recommends that the Collier County Hearing Examiner approve BDE P1,20180001843, 26 Dolphin Circle. Attachments: Attachment A: Back-up material, survey, including submerged resource survey BDE-PL20180001843, Turner Dock Page 8 of 9 ver.4.8.19, HEX 4/25/19 PREPARED BY: C. REVIEWED BY: AICP, PRINCIPAL PLANNER N -ZONING SERVICES SECTION PRAYM7DV. BELLOWS, ZONING MANAGER ZONING DIVISION -ZONING SERVICES SECTION MIKE BOSI, AICP, DIRECTOR ZONING DIVISION -ZONING SERVICES SECTION BDE-PL20180001843, Turner Dock ver.4.8.19, HEX 4125119 DATE + to 1 DA C/- f DATE Page 9 of 9 Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch. 3 B. of the Administrative Cade THIS PETITION IS FOR (check one): ❑■ DOCK EXTENSION ❑ BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION Name of Property owner(s): Godfrey M Turner & PATRICIA A TURNER Name of Applicant if different than owner: Bernice Clark Address: 601 E Elkcam Cir B2 City: Marco Island State: Telephone: 239-272-3152 Cell: 239-272-3152 Fax: E -Mail Address: bernice1 imperialmarine@yahoo.com Name of Agent(s): Bernice Clark Firm: Imperial Marine Construction, Inc FL N/A ZIP: 34145 Address: 601 E Elkcam Cir B2 City: Marco Island State: FL ZIP: 34145 Telephone: 239-272.3152 cell: 239-272-3152 Fax. N/A E -Mail Address: bernice1 imperialmarine@yahoo.com PROPERTY LOCATION Section/Township/Range: 31 526 Property I.D. Number: 52343500009 Subdivision: Isle of Caprls Unit: 1 Lot: 101 Block: n/a Address/ General Location of Subject Property: 26 Dolphin Cir, Naples FL 34113 Current Zoning and Land use of Subject Property: SINGLE FAMILY RESIDENTIAL May 8, 2018 Page 1 of 6 Coi['ier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www,colliergov.net (239) 252-2400 FAX: (239) 252-6358 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ADJACENT ZONING AND LAND USE DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): Existing dock was built in 1978 on permit 78-1228 - Dock was destroyed during Irma. New build will stay within the same protrustion as the damaged dock. New dock will be shorter with a lift at the and, extending 77.5' from seawall panel, and 77' from seawall cap. Dock platform will be I SL;fa lift will be installed at the end, and another to the side as shown in site plan. SITE INFORMATION 1. Waterway Width: 12,000} ft. Measurement from ❑1■ plat ❑ survey ❑ visual estimate ❑ other (specify) 2. Total Property Water Frontage: 120 ft. 3. Setbacks: Provided: 45.5!32.5 ft. Required: 15 ft. 4. Total Protrusion of Proposed Facility into Water: 77.5 ft, 5. Number and Length of Vessels to use Facility: 1.16 ft. 2. jet ski ft, 6. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: Neighbor to the LH side: Approx same protrustion, boat house to the RH side of his dock Neighbor to the RH side: Approx same protrusion, boat house to the LH side of his dock 7. Signs are required to be posted for all petitions. On properties that are I acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? O., -� Acres May 8, 2018 Page 2 of 6 Zoning Land Use N Inland Waterway Inland Waterway S 1 -SFR Vacant Lot E 1 -SFR SF Home W 1 -SFR SF Home DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): Existing dock was built in 1978 on permit 78-1228 - Dock was destroyed during Irma. New build will stay within the same protrustion as the damaged dock. New dock will be shorter with a lift at the and, extending 77.5' from seawall panel, and 77' from seawall cap. Dock platform will be I SL;fa lift will be installed at the end, and another to the side as shown in site plan. SITE INFORMATION 1. Waterway Width: 12,000} ft. Measurement from ❑1■ plat ❑ survey ❑ visual estimate ❑ other (specify) 2. Total Property Water Frontage: 120 ft. 3. Setbacks: Provided: 45.5!32.5 ft. Required: 15 ft. 4. Total Protrusion of Proposed Facility into Water: 77.5 ft, 5. Number and Length of Vessels to use Facility: 1.16 ft. 2. jet ski ft, 6. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: Neighbor to the LH side: Approx same protrustion, boat house to the RH side of his dock Neighbor to the RH side: Approx same protrusion, boat house to the LH side of his dock 7. Signs are required to be posted for all petitions. On properties that are I acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? O., -� Acres May 8, 2018 Page 2 of 6 CAT Count, COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.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 ■❑ No If yes, please provide copies. J PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.05, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) May S, 2018 Page 3 of 6 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Goer County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 SECONDARY CRITERIA a*&CA ec/ 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner'.) S. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 1 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.) May 8, 2018 Page 4 of 6 26 Dolphin Ct PL20180001843 PRIMARY CRITERIA 1. The proposed dock and lifts are typical for a single family home and will have one dock with a boatlift installed at the end, and a jet ski platform lift installed on the RH side. 2. The water depth are very shallow and stay that way to the inside of the dock "L". That is the purpose for installing the lift at the end of the proposed dock. 3. The waterway where the proposed dock is over 1200' wide and will no have an adverse impact on navigation. 4. The proposed dock with the proposed lift will span 77.5' into the 1200' waterway keeping well below the 25% protrusion. 5. In regards to interfering with either of the direct neighbors docks on both sides, there is plenty of clearance on both sides, 32.5' on the RH side, and 45.5' on the LH side. Each of the neighbors have BDE's for the same reason, very shallow water depths. SECONDARY CRITERIA 1. Other special considerations were the location of the seagrass beds. We are building the platform of the dock so that it has minimal contact with located sea grass beds. 2. No excessive decking will be included in the proposed dock The size of the platform for loading/unloading and maintenance is which is ample for safety. 3. The home -owner has a boat that measures 16' in length which will not protrude further than the dock platform which is at 30' total width. 4. Due to the position of the proposed dock, and the expansive water -way, there will be no issues with the proposed dock will not negatively impact the views for the neighboring properties, or the owner. 5. There are sea grass beds in the area which are depicted in the enclosed application, but the proposed project complies with the LDC subsection 5.03.06 and are demonstrated in the enclosed presentation from Turrell Hall & Associates Inc. 6. Single-family docking facilities are not subject to the manatee protection plan. Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-24DO FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: ❑■ Dock Extension ❑ Boathouse Chapter 3 Ei, 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 NOT REQUIRED Completed Application (download current form from County website) 1 ® ❑ Property Ownership Disclosure Form 1Z Li 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); • Configuration, location, and dimensions of existing and proposed 1 ❑ facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. Affidavit of Authorization, signed and notarized 1 ® ❑ Completed Addressing Checklist 1 ® ❑ Electronic copy of all required documents *Please be advised: The Office of the Hearing Examiner requires all 1 ❑ materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. May 8, 2018 Page 5 of 6 Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑Bayshore/Gateway Triangle Redevelopment: ❑ Historical Review Executive Director ❑ I 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 ❑ Other: EMS: Artie Bay FEE REQUIREMENTS: 1 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 l _ - Sign ture of Petitioner o Agent M/ - 3D aoe 9 Date May S, 2018 Page b of 6 C Liter C-ounty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.coilie!gov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMO—Addressing@coiliergov.net or fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre -application meeting. please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additiona€ review and approval by the Addressing Department. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑• BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SOP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) ISLES OF CAPRI NO 1 LOT 101 + N 40FT OF LOT 102 OR 167 PG 282 31-51-26 FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 52343800009 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 26 DOLPHIN CIR, NAPLES, FL 34113 * LOCATION MAP must be attached showing exact location of project/site m relation to nearest public road right- of-way * SURVEY (copy -needed only for unpiatted properties) PROPOSED PROJECT NAME (if applicable) DOCK EXTENSION - 26 DOLPHIN CIR PROPOSED STREET NAMES (if applicable) N/A SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL # PL20180001849 COVIer C0143 -It COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (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) NIA Please Return Approved Checklist By. © Email ❑ Fax ❑ Personally picked up Applicant Name: BERNICE CLARK - IMPERIAL MARINE CONSTRUCTION Phone: 239-272-3152 Email/Fax: BERNICE1 IMPERIALMARINE@YAHOO.COM Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY Folio Number S-2. 3 q 3a 0000 Folio Number Folio Number Folio Number Folio Number Folio Number r Approved by: Date: 3117 Updated by: -• �.e /t's'�'a�. Date: 1 % 4 / 7.9 IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Co*er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (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: n C. Name and Address % of Ownership Godfrey Malcolm Turner 50 Patricia A Turner 50 26 Dolphin Cir Naples, FL 34113 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 N/A i ! 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 N/A 1 Created 9/28/2017 Page 1 of 3 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www. coiliergov.net 11 e. f. 9. Coffer County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the EV CI ICI d1 di 1U1 UI IIIIIILCU Pdl LI ICI Z). Name and Address % of Ownership N/A 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 itticers, stocKnoiaers, aeneticiaries, or partners: Name and Address % of Ownership N/A Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or of 1 IL.CI S, 11 d L.UI PUI dLIU11, l.1dl L11Ci JI11}J, UI LI USL. Name and Address N/A Date subject property acquired ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colfiergov.net Date of option: Co�`ier County 2800 NORTH! HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Date option terminates: _ __P 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 check€ist is included in this submittal package. I understand that failure to include ail necessary submittal information may result in the delay of processing this petition, The completed application, all required submittal materials, and fees shall be submitted toy Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 r 10/28/2018 Agent _ wner Signature Date Bernice M. Clark Agent/Owner Blame (please print) Created 9/28/2017 Page 3 of 3 4/5/2018 Print Window AFFIDAWTOF AUTHORIZATION FOR PETITION NUMBERS(Sl P L Z O 11 S 0pO c 9 4 3 &�L Lt'..r Ply Turlk 1prdu rwnal as mss* (Me, it awarstisl of r _ ��lp (oom�mey. H !Labe) weer or WIV., €at4W ooftn tfead i JIM chi+ (tlWft of*) er�e»� �Tr1�en1� izaRt Durc:f�and 9 ar. I I tw.* ILA Au11wkyr M secure tlta hover s) reo,)e5t6d and 10 ,mpu ::arerim" arnc m3ti thuya ori the feferlsrl w prep" dt3 a revA d dlny Actton approved ay vie couryy in eccorarre wilt, aim apokw" arta Me Land DeveitVemmlt Coda: 2 Ar ar-svpe s to ttas qL*stkwvs it IIS fix. 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VW, • At 00 * pdiMd is a L6rrk+td LAbft CxMmany (L-L.C.1 (r L.srr(lud Company fL.C.), ytert mar doanine.^x; wi ao C dylWovOt be sonlid by ft f-amwi?y't WorAvpig Adwr4 r • e the app ref is a p rstrjp than fyp ac a partner can sign on beho w ow pranrwst*. p + ff Me dpJoWl.-4 i3 a IVm"d owtrr*rthp. thop Vv gwn*r*I 0wrbtan rtr W Nor; and be rtFa ]t4R1 e,3 0W '}7W*fW paMwo " of V* raped aw#sidP_, V • if iho sppacw# re a trust, then poesy rxrst Mrd*14s Ow 1twil"'3 nsnra &W 9" warns W rrvt e" a kr cabs 417-t rove !lace! dlwrn'+ v trw oppownr3 stekM a p- WWvjdsltll. CorpcWe. rusl, rerVW31rrf1. Hnd 'Sari use Uro .Vr propwfale frvrwl for ew (rrn*nv-p- Under penahrea aj per)' , I ditl*m Lha! 1 have, read the twego4nig AMdavit of Authorintion ahrt that the It tltoo. M.7Tp- v anal_) 4-, 2.01 Y. - 8gr,atura tsefa STATE OF FLMDA COUNTY OF COLLAR 1 ho reef r slr?vnav4 wwa savorn to (or aged)' artd wutw~ Wc" my or a q -L% t i wma) by jnww of two Wwiding oath a. of 4mationj, as n t! 5_ �_ w►w • tvrao nae 7u) of �; as ftwAlfiiCationatatY•rtMx 5�} tura of I+latar S,�*v+rr% Notary Public State of Florida 8emlce M Clark F My Commisslon FF 8132089 or n° Expires 02118!2020 atv "Vol Regards Malcolm Turner malcturner@mac.com WA Imperial Marine Construction 601 E East Elkearn Circle, B2 Marco Island, FL 34145 PH: 239.272.6952 www.l rn lreria 141 arta eC nnstrucxion.rntn 24 May 2018 To Whom I t May Concern, It is our goal to build a new dock, based on approval from original boat dock extension permit protrusion setbacks. "rhe dock was damaged druing Irma. Owner would like to rebuild, staying within previously approved protrusion. We plan on shortening the ad -tial dock and putting a lift at the end (due to Nater depth issues), and a platform lift on the Ria side, keeping ~within all approved set-bacdcs. We have included the Certified site plan and overhead views of the property. The original clock did not have a lilt, the owucr would like to add those for recreation purpose. Thank you for your consideration Sincerely, Bernice Clark Imperial Martine Construction, Inc.. 239-,172-3152 Wh. r� Grvag Price and Qlu-lixy Work Meet! Commented [Ol]: Although there is no paperwork showing a HE in 197x, The tax office added the new dock to their drawings based on a permit issued in 1978. It was assumed by them, based on their records that the BDE was approved at that time, and it was finaled on 03/14[1979. 3 4 3 8 0 0 Oz 5 00 9 ABE SKINNER, CFA PROPERETYR APPRAISER COLLI2 STRAP 426400 9016831 NiJABtsR ss 3�7 CARONUMBCR �of �ALISLES OF CAPRI NO 1 LOT 101 + N 40FT OF LOT 102 OR 167 PG 282 # iY ecu ADDRESS Ris 00LPHIN CFR LAM USE of Ai 1 -i E A 7 2 5 4 S Z j L. 7 2 3 4 S 2 S 4 't 2 13141 1 2 7 5 2 - FRAMMEjconitni „ 'ROOFFRAW w RGDF H.�+ - !+[.ODR4NG:(iWltirtuetlj Rt7OlVR5 (cPrdlnaett)- HEATING $.-A/C 3 RfCeurele VVcod Rop Term= RmApts Nom 4 Steel Steel Shine Carpet _Rm A:m Hot Air 1 2 5 4 Dot:&Steel Rf Canw..le Compassion Vinyl _Rin APM Steam SUBSIRUCTURS State Metal PLUMBING Urnt Heaters Sias ROOF TYPE Asphah INTERIOR WALLS None Heat & PIC PWM EXTERIOR WALL Fiat Tile Undnlshed t Fixture ELECTRIC cont Wall Shingle Shed Rif CDncrefe Vill 2 FPdl � None Basement Crompmlllim Gaple Bull -Up T&G PI09lty a Fixtures f Yes T f I f MaIaL Hrp 1 4 F1xlWes EXTRAS - FRAME Stucc9 Gsmt7re% FLOORfNG Ory Wait' S ill Spmklars Vh»-Lint YvoPd MPMor Dot 15 Fe(p— 1 ��jj E'evator tsrap�j V4fiPn-Heavy Ttie somooth Wow ROOILS FMures Eater tYaps� Block aodt Deck Plywood StomUnits Tile Flom DHD_ x_ Tile El Concrete Office Units 'A Tile Wall OHD_X_ Bnr-1S TilB Roo= I Full Tile Wa115 HcrgM ND. - CLASS BASE AREA ADJVSTMAREA "^' 100 WDEX AICD if &11NU5 I YR SU&T GOND NOTES .!T—YS ia.N] 171 1� 4 Lo r} L c1l' z V i f DATEC7tFJ1TEA` f APPRAISER DATEINSPEC7ED DRAWING NUMBER i r�FDsaut+srx7 Date: November 30, 2017 License: 036468 Proposal Submitted to: Malcolm Turner 26 Dolphin Cir_ PH: 239.970.4445 Isles ofCapri, FL 34113 Email:malcturner@mac.com Imperial Marine Construction will furnish all materials, equipment, labor, supervision, proper insurance and taxes to the following: o Remove existing boat lift and rope rail and set aside. o Remove and dispose of dock o Furnish and install the necessary 2.5 CCA treated pilings wrapped in 6 MIL PVC to firm a dock as shown per drawing_ o All stringers and cap timbers to be 2"x8" Marine grade 01.60 CCA treated drilled and lagged with W17 6" stainless steel lags. o Decking to be threw flow secured with stainless steel hidden fasteners_ o All above deck pilings to be- capped in vinyl cone caps, and stripped in I"x2" Azek fascia board strips to match decking. Also to reinstall clients rope rail o Boat lift package to include: Furnish and install (1) 12,0001b Golden aluminum. sea drive boat lift with remote control limit switch guide poles, new style cable keepers and (2) custom aluminum bunks. Also to reinstall client boat lift. Furnish and install (32) aluminum brackets framed in 1"x6" Marine grade and decked in 1"x6" Azek decking secured with stainless steel hidden fasteners and finished with (4) 4"x4V'W heavy duty black bumpers one pair to be higher than other so one kayak can come in and out first. a Also to include (1) 5 step safety drop down aluminum ladder and (I) custom Azek fish cleaning table. o Electric package to include: Connection seawall, wire (4) motor boat lift with emergency shut off switches Sh�t�►n�'�4�dt big V��'�' Collier«unty Property Appraiser - - - sg —1- f MMIUU I L AFcGE `4L�,SER Cp(��,lr 1;1?3 rt IWMA 40 Introduction 40 Search for Parcels by 40 Search Results 10 Layers Legend Print Title: Paper Size: Letter (8S X f I] • Orientation: Landscape TO Segment: [1958.48 ft Aenal Photography: January - 2048 [61N] - 2018 [2FT] - 2018 [SOFT] (19hO'Jdoes ckxe 2004. Collier County Property Appraiser. WhRe the Collier County Property Appraiser is committed to providing the most accurate and up-to-date in€ormafion, no warranties expressed or implied are provided for the data herein, its use, or its interpretafron. apQ 26 Dolphin Cir Seao.ljeond d� „a �� \�2c Dolphin Gircie Go a e Map data ©2018 Google 500 It 2004. CoOier County Property Appraises While the Collier County Property Appraiser is oorunitted m providing the most accurate and upAc date information, no wmoulies expressed or hnplied are pmmed for the data herein, its use, or its interpremb.o- MAP LEGEND MV., }toad. Street Names E] Pwm,1S Aerials 2de8 JONj Aerials 200 JZ tj EmCoiner County 2004. CoOier County Property Appraises While the Collier County Property Appraiser is oorunitted m providing the most accurate and upAc date information, no wmoulies expressed or hnplied are pmmed for the data herein, its use, or its interpremb.o- ... crc .c�r�c 4�� (1'G - ►UFS �' Url' q of( d, tri o � �� 6 J� 16"6 S -P ' Vi t L f. I � L f and C�'hannal wldtb1 /zoo 1 �grm� a'�tl�Io��or"n Cye�la w� ' y �Ft �Qi ..,6 L 'fid w Cs Fj. ou iva e l -as} . � r ! i '77f,5. -re du.? 77 ) To P� i i I I � w _._.w .. ..... .........___.......... , 1'445r^. Mik Cud 7�- �(�y' AF(;37'to R.pcxrra.s� INLAND WATERWAY (P) 78.2' TO SEAWALL PANEL 4:LbBrr SCALE 1"=40' 77.9 TD Qz� sFA.WALLPANELDDD 8' I� DOCK DIMENSIONS SHOWN ARE TAKEN FROM THE FACE OF THE SEAWALL PANEL (MOST RESTRICTIVE) PARCEL CONTAINS 0.30 ACRES OF LAND MORE OR LESS, PROPOSED DOCK DETAIL FONAIL IN SEAWALL (NO ID fl INLAND WATERWAY (P) 85.0' TO FACE OF SEAWALLCAP —\ 85.5' TO FACE OP SEAWALL PANEL —� 77.47'C FACE OF SEAWALL SEAWALL CAP TO FACE OF SEAWALL PANELEL PRCPOSFP SCALE 1" =40' MUFF DPT 4E.e DOCK DIMENSIONS SHOWN , ARE TAKEN FROM THE \ FACE OF THE SEAWALL PANEL (MOST RESTRICTIVE) EIP EAWL AL {N EAWPLL LIFT INd IP#J LOT 100 20.3'TTJ 43.9' �1.3'CCYiCREfE 'iB,�y �.� SEAWALL CPP J L0 5' TD FADE OF SEAWALL PANEL (MDSE. RIciNEI) (IMPROVEMENTS NOT StiOWNJ i LOT 101 & THE NORTH 112 OF LOT 102 7y0Y�?t2p FPKNSD M'm7 ""S"' jND IP1Y) s � � 1 4 LSA�s Q� OO 2 r.14 REMAINDER OF LOT 102 IRZVV 44 IYNo�� =v FPKN (NO IO 41 4,5 � 77' Ag� S9ma f DOCK DETAIL SCALE 1'= 40' R'o. ,17.5' - a2.s FO NML to- �b IN e@gWALy��T INDIC#) 1111 LOT 100 4,5 � 77' Ag� e Y�f hi 1,F �R� YP'(49 14.S ToPANEL AV (MOLT RESTR{GYNE)( FIA&e• 77.5' 4", (IMPROVEMENTS NOT SHOWN) LOT 101 & THE NORTH 112 OF LOT 102 NOTES; i.THE BEARINGS SHOWN HEREON AREBASED ON -W CENTERLINE OF DOLPHIN MR (OOL.PHIN AVE IP) AS SHOWN IN PLAT BOOK 3 PAGE 41 OF CULLYEN COUNTY, SI INC NORTH 3C° 11' U8" EAST R.IMPROVEMENT50THER THAN THCSE SHOWN ARE NOTA PART OF THIS SURVEY. 7,SAIDpEsaR:DEDL NC ESUEJEOTTOALLSUBOIVISIDN REGULATIONS, RESERVATIONS, RESTRICTIONS, ZONING ANO RIGHTS -OF- WAY OF RECORD. A. DATE OP FIELD SURVEYNOVEMSER i0, 2017. 5.THI6SURVETMAP IS NOTVAun WITHOLTTHE SIGNATURE AND RAISED SEAL OF A FLORMA LICENSED SURVEYOR AND MAPPER. ADDITIONS OR DELETIONS 70 SURVEY MAPS OR REPORTS BY OTHER THANTHE SIGNING PARTY OR PAR71L5 IS PROHIBIHEI WITHGUT WRITTEN CONSENT OF THE SIGNIN4 PARTY OR PARTIES B. SUBSURFACE AND ENVIRONMENTAL CONDITIONS VVERC- NOT ExANINED AS A PART9FTHI6 SURVEY. NO STATEMENT IS MADE, CONCERNING THE FAISTENCE OF UNDERGROUND OR OVERHEAD CONTAINERS, UTILITIES OR FACILITIES THAT MAY AFFECT THE USE OR DEVELOPMENT OF TRIS PROPERTY 7.ELEVATIONS SHOWN ARE BASED ON N.A.V.D. DATUM OF iM. oESORIPTION OF BENCHMARK IS As FOLLOWS' NIA B. THE PURPOSE OF THIS SURVEY 15 TO SHOW THE E%ISTINGAND PROPOSED DDCKAREA WITH RESPECTTO THE PROPERTY LINES, RSIIRJECT PROPERTY IS SITUATED IN FLOOC ZONE" 'PS INDICATED ON FEMAPLOOD ZONE MAP PANELNO DATED: BASE ELEVATION DETERMINED ATWA 10 NO-nTLE OPINION OR ABSTRACT70 THE SUBJECT PROPERTY HAS 0117NPROVI7 ED. ALL INFORMATION NASSEEN SUPPLIED E ARE DEEDS, SY THE CLI T EASEM NI ORTCTHER INSTRUMENTS((RRECORDED OR ONRECORDEO) WHICH MAY AFFECT THE SUBJECT PROPERTY. 140 SEARCH OF THE PUBLIC RECORDSIABBEEN MADE SYTHF SURVEYOR, LEGEND BATFIYME'IROC SURVEY ADDED DATE OF REVISION D5,21-2018 REVISED PROPOSED DOCK SIZE DATE OF REVISION 04-04-2010 LEGEND O " FDuNp ('I IRON ROC ( SURVEYOR IDR) (FIR) 0 SE7112" IRON ROD(PSM#eCK(SIRC) r= SET 4")( 4" CONCRETE MONUMENT{PSM #5P01K6CM) O = FOUND CONCRETE MO NUMENT(BORVEYOR IC OXFCM) i$i= BENCHMARK(FCUND ORSET) RA'v=RIOH70FWAY(R.O.VV) O =FOUND NAIL OR PK NAIL ANP DISC I SLRVEYCR IDN) {FFKN) Q= SFTPK NAIL AND DISC (PSM#5004)(SPKN&p) FD.=FOUND FN&'FT= FOUND NAILAND TIN TAB 9M=BENCHMARK (M)= FIELD MEASURENIENT {C)= CALCULATED MEASLREMENY P.C.P. =PERMANENT CONTROL POINT (I) C.L = CENTERLINE F-R.M.=PBRMANENTREFERENCEMONUMEN7(0) {PG) -PAGE tF> OR (C) -PLAT OR RECORBCD{DEED) MEASUREMENT (PBT=PLA7600K PL EKT- PROPERTY LINEEXTENDED OMP. CORRUGATED METAL PIPE CATV-CABLETV c FINISHED FLOOR U.T.S.=UNITED TELEPHONE RISER v WELL GONC -CONCRETE CB -CATCH BASIN OR 11,1LE7 = WAT'ERIGATE VALVE R.D.P. a REINFORCED CONCRETE PIPE �= SANITARY SEWER PROP - PRDPERTY R=SPOTELEVATION TOB-TOPOFBANK TCS.TOPOFSLOFE ECW=EOCEOFWATER BGS=EOTTOM OF BANK 605=9OY70MOFSLOPEEO-E05EOF CRS -CONCRETE BLOCK&STUCCO Vo-VALLEYGUTTER ELIC. aELEC7R1C'fPANS=TRANSFORMER JAC-JACLZZI 05-DRAINAGEEASEMSNT ".SIDEWALKEASEMENT LEE" LANDSCAPEHUFFER EASEMENT IS S IRRIG. EASEMENT PUE=PUBLIC UTILITY FASSMENT UE- U7107Y EASEMENT LMA(E)• LAKE MAINTENANCE ACCESS EASEMENT I xkc .I AKF MAINTFNANEE EAREMENT AS - ACCESS EASEMENT MAP OF BOUNDARY SURVEY (PROPOSED DOCK SITE PLAN) LOT 101 AND THE NORTH 1/2 OF LOT 102 OF ISLES OF CAPRIS N0.1 AB RPCOROED IN PLAT BOOK 3 PAGE(S) 41 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 26 DOLPHIN CIRCLE CERTIFIED TO' IMPERIAL MARINE CONSTRUCTION CERTIFICATION'. I CERTIFY THATTHIS SURVEY WAS MADE UNDER MY F IflM THATIT MEETS THE STANDARDSp RACTI AND PRACTICE SET FORTH BY THE BOARD 6F PROFES51pNAl. LAND SURVEYOASAND MAPPERS IN CHAPTER 5J-11, FLORIOAADMINISTRATIVE CODE, PURSUANT TO SECTION 412.027, FLORIDA STATUTES. FREEDOM OF ENCUMBRANCES.. NC MBRANCES. ZONIN9, F.A.SFMEN78 OR Greloo,ly ipnM byCwrt H. - �u•w��o+Ten.�w.n�.c 0 SIGNED r�, zo�vo,.ollAlz:nnsYq COURT H. GREGORY PSM #6004 PATE 04!04!2019 DATE OF FIELD SURVEY 12-06-2017 LE #7112 //PSM # 6004 Vr�r�r Court Gregory Surveying, 761 Teton Court NBptes, Florida 34104 (239)643-7549 Qtice Date 04104!2019 gs6004@comoa9Lnat Job 9 EN40156M3 (239)272-3707 call Fb EN4-32 Pg 18 Fb EN4-33 Pg 64 __'W - PAGE 2OF3 INLAND WATERWAY (P) SCALE I"= 30' X = DENOTFS SPOT ELEVATION NAVCI'88 )(5.1 X_0,7 X-4.7 Xs.i X.7.3 X-43 x-3.1 X -2.e X-2.3 '-X 2Z3 X•2.0 X-2.3 X.38 X-28 2.2 X�' 8.1 5.5 X", X.2. X-7.5 X -d,7 X-3.5 X-2.4 X4.6 X.-26 > X-7.9 X48 X.3.5 X-2.8 X-2.5 X-6.4 X(m X-3.0 X-2.7 x 2,A X5.9 3 X-4.4 X-3.4 X-2.1 X-2.9 X-2.5 X-0 \ X9 . )(4.7 9 \�4 X -3.1i 2. -2.9 X-38 j('3'0 X-2.0 2 X.z 5 . DOCK DIMENSIONS SHOWN X-2,0 ARE TAKEN FROM THE (# 39&4) FIR 68" (NO ID #) FACE OF THE SEAWALL PANEL FO NAIL'=2A (MOST RESTRICTIVE) IN SEAWALL THE (FORTH 1l2 (NO to #) PARCEL CONTAINS 0.30 ACRES OF LAND MORE OR LESS. 94SE NOTE'. MHW LINE (0.42') MLW LINE BOTH ABUT THE FACE OF THE SEAWALL PANEL LOT 100 70 9,00. sus Q � 06 Ta) 1.3' CONCRETE .76YF 49 PPKNI .4 SEAWALL CAP (D.5' TO FACE OF SEAWALL PANEL m 4 (MOST RESTRICTIVE) CAP ELEV. = 4.8' (# 39&4) FIR 68" (NO ID #) (IMPROVEMENTS NOT SHOWN) LOT 101 & THE (FORTH 1l2 / OF LOT 102 Nssa � ra,� 77p 49' REMAINDER OF LOT 102 s� a � A, .� 2 0- O Oma Uv O 0 e• U �o FIR 518" 89• #.� (NOiD#)4 yJ FPKN {NO to #) MAP OF BOUNDARY SURVEY (EXISTING SHORELINE CONDITIONS) LOT 101 AND THE NORTH 1/2 OF LOT 102 OF ISLES OF CAPRIS NO -1 AS RECORDED IN PLAT BOOK 3 PAGES) 41 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 25 DOLPHIN CIRCLE CERTIFIED TO: IMPERIAL MARINE CONSTRUCTION CERTIFICATION: I CERTIFY THAT THIS SURVEY WAS MADE UNDER MY DIRECTION AND THAT IT MEETS TWE STANDARDS OF PRACTICE SET FORTH BY THE BOAR➢oF PRCFESSIONAL LAND SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 412,027, FLORIDA STATUTES FNOT A REEDOM OF NCUMBAANEs' ZONING, EASEMENTS OR SIGNED COURT H, GREGORY PSM 05044 DATE 05012418 DATE OF FIELD SURVEY 12-05-2017 LB #7112 PSM # BOO4 CC.GKS, Court Gregory Surveying, 751 Teton Court Naplea, Florida 34104 (239)843-7845 office pate 0,9121=18 cg68004@ccmcast.net JDh#EN40150M (239)272.3707 ce0 Fb EN4-32 Pg IS PAGE 3 OF 3 SCALE 1" = 3C INLAND WATERWAY (P) K = DENOTES SPOT ELEVATION AOJUSTED TO MLW (-1.83') X4,9 Xs.t X -3.t x -1.a Xs.7 Xa.1 2.3 X -a.7 `X-9.0 X-17 X o,a X-1.3 X' X.u.l -0.a 69 x.5.9 X-0. XS,9 x-3.1 X -1 .a X-0.0 X4-3 X3.0 X-0.9 Xa.9 X-1.9 X., I X-06 X-9.8 X-1.0 X-1.4 X-1.9 x -as X-4 3 ti X-1.9 X-1.4 X z75.e X-1.5 x-1,3 x -0. X1, DOCK DIMENSIONS SHOWN IX -1.4 ARE TAKEN FROM THE ; ->C-tz -09 FACE OF THE SEAWALL PANEL (MOST RESTRICTIVE) FD NAIL` :0.9 IN SEAWALL SEAWALL CAP FACE OF SEAWALL PANEL M08T RESTRICTIVE)FIR CAP ELEV.=4.8'(NO (NO IP #) PARCEL CONTAiNS 0.30 ACRES OF LAND MORE OR LESS. NOTE: Mmw LINE (0.42') MLW LINE (-1.83! BOTH ABUT THE FACE )F THE SEAWALL PANEL LOT 100 ss��\ O' S. 1.3'CONCRETE 767 \ /Kia� SEAWALL CAP FACE OF SEAWALL PANEL M08T RESTRICTIVE)FIR CAP ELEV.=4.8'(NO (# 964) 5f8° ID#) NOT SHOWN) )�4 2� (IMPROVEMENTS LOT 101 & fpj� FPKN THE NORTH 112 / OF LOT 142 REMAINDER OF LOT 102 Fop �1 O' S. / 0 Q d is QO FIR 618" \�p��• ��.�, (NO IDS!) fpj� FPKN �<N OID0) MAP OF BOUNDARY SURVEY (EXISTING SHORELINE CONDITIONS) LOT 101 AND THE NORTH 1/2 OF LOT 102 OF ISLES OF CAPRIS NO -1 AS RECORDED IN PLAT BOOK 3 PAGE(S( 41 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 26 DOLPHIN CIRCLE CERTIFIED TO: IMPERIAL MARINE CONSTRUCTION CERTIFICATION: I CERTIFY THAT THIS SUfiVEY WAS MADE UNDER MY DIRECTION ANS THAT IT MEETS THE STANDARDS OF PRAGTIC£ SET FORTH BY THE BOARD OF PITOFESSIONAL LAND SURVEYORS AND tdAPPLRS IN CHAPTER 5J-17. FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.627, FLCR)OA STATUTES NOTA CERTIFICATION OF TITLE, ZONING, EASEMENTS OR FREEDOM OF ENCUMBRANCES, SIGNED COURT H. GRFGORY PSM i#6004 DATE 05!21 12016 DATE OF FIELD SURVEY 12-06-2017 LB #7112 PSM # 6044 co�� Court Gregory Surveying, In 761 Teton Ccurt Naples, Nonda 34104 (239)643-7845 cMca Data 0512112018 cgs6004@comoast.net Job#EN40160M (239)272-3707 cell Fkt EN4-32 Pg 16 PROPOSED DOCK z CROSS-SECTION DETAIL LL SCALE 1 "= 10' ui (fYP.)— r--- DOCK 78.3' TO UPLAND 77.5' — 11 1liwl i IIEMM® L—ELEV.Aft 1 ELEV.�4.0' t—FLEV.-3.9 8 SEABED(TYR) TOP OF SEAWALL CAP ELEV. = 4.8' — _MH.W. LINE (0.421) — —M.L.W. LINE (-1.88') ELEV, -2.3 ELEV. -0,0 ELEV. -6.0 ELEV. -8,0 MAP OF BOUNDARY SURVEY (CROSS—SECTION DETAIL) LOT 101 AND THE NORTH 112 OF LOT 102 OF ISLES OF CAPRIS NO.1 AS RECORDED IN PLAT BOOK 3 PAGE(S) 41 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 26 DOLPHIN CIRCLE CERTIFIED TO: IMPERIAL MARINE CONSTRUCTION CERTIFICATION: I CERTIFY THAT THIS SURVEY WAS MADE UNDER MY DIRECTION ANO THAT 1T MEFTS THE STANDARDS OF PRACTICE SET FORTH BY THE BOARD OF PROFESSIONAL LgNb SURVEYORSAND MAPPERS IN CHAPTER5,1 17, FLORIDA ADMINISTRATNE CODF, PORSIIANTTO SECTION 172.027, FLORIDA STATUTES. NOTA CERTIFICATION OF TITLE, ZONING, EASEMENTS OR FRzFOOM OFENCUMBRANC>rS- ggiony,ioneabycon{1. — `/ e4:ut G,a¢ey 5�n�l1lg iii., ' nbhaswMn*:amw,cm SIGNED COURT H, GREGORY PSM #6004 DATE 06!1812018 DATE OF FIELD SURVEY CB -18-2018 LB #7112 //PC�� SM # &004 Court Gregory Surveying, In 761 Teton Court Naples, Florlda 34104 (239)843-7845 office .Date 06/18/201 B cgs6004@comoasLnet ,Job # EN40450X (239)272-3707 CO FB EN4-32 Pg 18 00 w O O m U PROPOSED 12' X 12' METAL BOAT LIFT PROPOSED (fYP.)— r--- DOCK 78.3' TO UPLAND 77.5' — 11 1liwl i IIEMM® L—ELEV.Aft 1 ELEV.�4.0' t—FLEV.-3.9 8 SEABED(TYR) TOP OF SEAWALL CAP ELEV. = 4.8' — _MH.W. LINE (0.421) — —M.L.W. LINE (-1.88') ELEV, -2.3 ELEV. -0,0 ELEV. -6.0 ELEV. -8,0 MAP OF BOUNDARY SURVEY (CROSS—SECTION DETAIL) LOT 101 AND THE NORTH 112 OF LOT 102 OF ISLES OF CAPRIS NO.1 AS RECORDED IN PLAT BOOK 3 PAGE(S) 41 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 26 DOLPHIN CIRCLE CERTIFIED TO: IMPERIAL MARINE CONSTRUCTION CERTIFICATION: I CERTIFY THAT THIS SURVEY WAS MADE UNDER MY DIRECTION ANO THAT 1T MEFTS THE STANDARDS OF PRACTICE SET FORTH BY THE BOARD OF PROFESSIONAL LgNb SURVEYORSAND MAPPERS IN CHAPTER5,1 17, FLORIDA ADMINISTRATNE CODF, PORSIIANTTO SECTION 172.027, FLORIDA STATUTES. NOTA CERTIFICATION OF TITLE, ZONING, EASEMENTS OR FRzFOOM OFENCUMBRANC>rS- ggiony,ioneabycon{1. — `/ e4:ut G,a¢ey 5�n�l1lg iii., ' nbhaswMn*:amw,cm SIGNED COURT H, GREGORY PSM #6004 DATE 06!1812018 DATE OF FIELD SURVEY CB -18-2018 LB #7112 //PC�� SM # &004 Court Gregory Surveying, In 761 Teton Court Naples, Florlda 34104 (239)843-7845 office .Date 06/18/201 B cgs6004@comoasLnet ,Job # EN40450X (239)272-3707 CO FB EN4-32 Pg 18 —d- W f- 1C-1-11-- V 1 I I \`+ k—) r rl' . 5a -?"4RC�')nC)a9 1 Cl-'cq) yr; U n; to ISLES of CAPPLi No. 1 MARCO, COLLIER COUY-4-'Y, FLORIDA A 5U?)D)V15)0N OF ALL OF- GOVT S_OT S, IN SFC. -r, -3Z -2G, AND THF SOUTH 1100 FT. 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BARRY F�NOLNY}'oON, PNoillryl - <,av,vs-<.PNULPntrftl! :NlRf Colli County Property Apr riser Property Summary Parcel No. 52343800009 Site Adr. 26 DOLPHIN CIR, NAPLES, FL 34113 Name / Address TURNER, GODFREY MALCOLM PATRICIA A TURNER 26 DOLPHIN CIR City NAPLES State FL Zip 34113 Map No. _ Strap No. Section Township Range Acres *Estimated 6B31 426400 1016B31 31 51 26 0.3 Legal ISLES OF CAPRI NO 1 LOT 101 + N 40FT OF LOT 102 OR 167 PG 282 M_ illage Area a 91 Millaae Ra_t_es 0 *Calculations _ Sub./_ Condo 42640_0 - ISLES OF CAPRI UNIT 1 School Other Total Use Code 4 1 - SINGLE FAMILY RESIDENTIAL 5.122 6.3384 11.4604 Latest Sales History 2017 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book -Page Amount Land Value $ 972,576 05/31/06 4046-2380 $ 1,800,000 (+} Improved Value $ 1,271.514 05/19/06 4034-1112 $ 0 (_} Market Value $ 2,244,090 05/03/fi4 167-2$2 $ 0 (_} Save our Home $ 289,429 (_) Assessed Value $ 1_,9S4,661 (-) Homestead $ 25,000 (_) School Taxable Value $1,929,661 (-) Additional Homestead $ 25,000 (=) Taxable Value $ 1,904,661 _ If all Values shown above equal 0 this parcel was created after the Final Tax Roll Coll: ; County Property Apl. aiser Property Detail Parcel No. 52343800009 Site Adr. 26 DOLPHIN CIR, NAPLES, FL 34113 Name / Address TURNER, GODFREY MALCOLM PATRICIA A TURNER 26 DOLPHIN CIR City NAPLES Permits State FL Zip 34113 Page 1 of I Tax Yr Issuer Permit # CO Date Tmp CO Final Bldg Type 1967 COUNTY 66-869 02/10/67 1978 COUNTY 78-1228 DOCK 2012 COUNTY 2011020891 03/23/11 DEMOLITION 2012 COUNTY 2011030167 SEA WALL 2013 COUNTY 2011030517 05/24/12 RESIDENCE 2013 COUNTY 2011120042 05/23/12 POOL 2013 COUNTY PRBD20120306433 05/04/12 SCREEN ENCLOSURE Land Building/Extra Features # Calc Code Units # Year Built Description Area Ad} Area 10 RESIDENTIAL FF 120 10 2012 RESIDENTIAL 2277 5310 20 2012 CONC BLK SCREEN ENC 3569 3569 30 2012 SWIMMING POOL 432 432 40 2012 SPA 35 3S 50 2012 TILE DECK 1002 1002 60 1978 WOOD DOCK 670 670 70 2011 SEAWALL 80 80 http://www_collierappraiser_com/main_search/RecordDetail.11tml?sid=559405883&ccpaver=l 710181149&... 11 /21/2017 Colli County Property Apr -riser Property Aerial Parcel No. 52343800009 Site Adr. 26 DOLPHIN CIR,, NAPLES, FL 34113 Open GIS in a New Window with More Features. 12/1/2017 Collier County Property Appraiser Collier County Property Appraiser EasySk etch It Awn 670 f i 3s /■� �, _ o. � Ice t� / ao yo ■ ssoa so 406 _ q1 i4 11.67 x7x 17 ` - 37 POOL -d, % 1� 12A16 36 n 5-- 29 1002 - ! 5 7 so to 1R' ■ 1'1 ■E6 6'.9 �.2 22 ses5 I,I ilk° li 5134 ■ sroa sG I I + t a?: z ■ Ips ■ 14 4 spM7A 612 160 FIRST FLOOR Details. Fde. 5234380000*9.xml Area Summary: ;:r, F- [ ss:f 3�:•'i:11S Arca A3). A&o ! I 1 Ka!e S3vrf�g Area 1615 1614 ?1 ease Uv}nq Art -1 642. but 1.zv_nq Aria Op 70% 161, 113Y f- :hint) Arva 10 1m 704 460 122 W AU r—hjDa 3Lf 3534 7137 --:TOR W SE, 272 133 19 C6 1i3 �'�er Pc.• �h C� 33 t� CF M Creat Flyrch 3 -Qi Ekfi laLk i* 11; Sun Ge•�k 1s2� lub 1? 01, 3,3 :a:on tas.ch 30 1013 iv •:,P A Op4n i'oY.ah -APT: 152 11 �r 16 Sura 1 c k 10 156 16 _.. 350 5300 Comments. GROUND K OOR sof In ■ OP30 [so su ■ +1UP76 1617 SECOND FLOOR http:llwww.collierappraiser.coml 111 TURNER DOCK 26 DOLPHIN CIRCLE NAPLEs, FL 34145 SUBMERGED RESOURCE SURVEY AUGUST 2018 PREPARED BY: fY TURRELL, HALL & ASSOCIATES, INC 3584 EXCHANGE AVENUE, STE S NAPLES, FL 34104 TURNER DOCK SUBwRGED RESOURCE SURVEY AuGusr 2Q 18 1.0 INTR01]UMON The Turner dock project is located at 26 Dolphin Circle in Naples, FL and is identified by Collier County as Parcel Number 52343800009. The property is located on Isle of Capri just northeast of Pelican Street West within Section 31, Township 51 South, and Range 26 East. The upland portion of the property is currently occupied by a single-family residence with an existing concrete seawall shoreline and an existing damaged docking facility that is proposed to be replaced. The neighboring property to the southwest has a single-family residence with a docking facility and the property to the northeast is a vacant lot also with an existing docking facility. Turrell, Hall & Associates, Inc. was contracted to provide a Submerged Resource Survey (SRS) as part of the permitting process for the proposed docking facility. This survey will provide planning and review assistance to both the owners and the agency reviewers, regarding the proposed project. The field visit for the SRS was conducted on August 9, 2018 at 1:30 P.M. An outgoing tide with light southwest winds and clear skies resulted in good underwater visibility that ranged from 2-8 feet. Surface water conditions on this day were relatively calm which also helped to provide good environmental conditions for the survey. The water temperature was 89°F. High tide occurred at 11:52 A.M (3.4') and low tide occurred at 6:43 P.M (45') on the date of the survey. 2.0 OBJECTNE 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 submerged resource survey provided onsite environmental information to help determine if the proposed project would impact any existing submerged resources and if so would assist in assessing any options to reconfigure 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. • TurrelI, Hall & Associates, Inc. personnel conducted a site visit and snorkeled within the proposed project footprint and expanded out 200 -feet from the site in order to document the location of any submerged resources. Turrell, Hall & Associates, Inc. personnel identified submerged resources at the site, estimated the % of coverage, and delineated the approximate limits of any submerged resources observed. • Turrell, Hall & Associates, Inc. personnel delineated limits via a handheld GPS (Garmin Model 7214). Page 1 of 8 TURNER DOCK SUBMERGED RESOURCE SURVEY AUGUST 2018 3.0 METHODOLOGY Turrell, Hall & Associates, Inc. biologists intentionally designed the methodology of the SRS to cover the entire property shoreline and extend out 200 -feet from the project site. The components for this survey included: *Review of past aerials and past surveys completed near or adjacent to the subject property •Review of aerial photography of survey area •Physically snorkel sites, 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 10-15 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. Two biologists from Turrell, Hall & Associates, Inc. surveyed the site wading in the shallow areas and using snorkel equipment within the deeper areas. Located submerged resources were photographed, the approximate percent of coverage was quantified, and their approximate location was delineated on an aerial photo and then confirmed via handheld GPS (Garmin Model 72 H). A half meter square quadrant, further broken into sections to make coverage estimates more measureable was used on site. Random placements of the quadrate were done within observed seagrass beds and the individual results were compiled into an average estimated coverage for the seagrass beds. The findings are shown on the attached exhibit. 4.0 RESULTS The survey was completed on August 9, 2018, during an outgoing tide which resulted in large areas of observed seagrasses within the riparian rights of the subject property that extended well outside the project area. Further investigation into documenting the overall footprint of the seagrass bed resulted in observed seagrasses extending well offsite to the adjacent neighboring properties, as shown on the attached exhibit. The survey revealed live blades of mostly paddle grass (Halophila decipiens) that ranged from 20-85% coverage and an area of shoal grass (Halodule beaudettei) that was approximately 5-20% coverage. The shoal grass observed was from the substrate level to approximately 2-4 inches in length and were covered in moderate epiphytic growth. Page 2 of 8 TURNER DOCK SUBMERGED RESOURCE SURVEY AuGusi- 2018 The observed seagrasses were all part of one large continuous scagrass bed which was quantified by percent of coverage which ranged from 5-85% coverage throughout. The substrate found within the surveyed area included two similar classifications; sand and a silt/sand material. The existing shallow area from the seawall waterward 30 -feet was identified as being made up of the sand material with shell debris and the remaining deeper areas consisted of the silt/sand material. Both of these substrates seemed to provide optimal habitat for the observed seagrasses, fish, crabs, conches, and other marine life. In addition to seagrass, various algaes particularly green feather algae (Caulerpa sertularoides), filamentous algae, and other macro algae were observed and documented growing throughout the surveyed area. The feather algae were found growing as an isolated specimen in the shallow sand flats. The remaining observed filamentous and macro algaes were observed growing in small mats scattered along the bottom throughout the survey area_ Numerous marine species were also observed during the survey_ A list of these species has been prepared and is provided below as Table 1. Table I — Observed Marine Species Common Name Scientific Name Mangrove Snapper Lu Janus Griseus Sheepshead Archosargus Probatocephalus Striped Mullet Mugil Cephalus Snook Centrompus Undecirrmalis Glass Minnow Anchoa Mitchilli Cownose Ray Rhinoptera Bonasus 5.0 CONCLUSIONS Overall the observed seagrass bed is large in nature and coverage is scattered within the shallow depths along the seawall but has greater coverage starting out along the face of the damaged existing docking facility which extends offsite to the adjacent neighboring properties. The seagrasses within the bed appear to be in great condition and are growing in and around the existing surrounding docking facilities. Water clarity was good and the proximity being on Capri Pass ensures that good flushing occurs within this area. Where seagrasses were observed the percent, coverage ranged from 5% to 85%. The seagrasses were found predominantly on the 1-8' MLW contour lines. It is clear that seagrasses can and do grow in association with the current surrounding activities. Page 3 of 8 TURNER DOCK SUBMERGED RESOURCE SURVEY AUGUsT 2018 The proposed project is located within the Rookery Bay Aquatic Preserve which requires an additional set of rules (18-21 FAC}, be considered when designing a dock. Due to the aquatic preserve rules not allowing a docking facility to extend past the -4' MLW contour Iine and required setbacks the proposed docking facility has little to no room to avoid impacting the documented seagrass bed within this area. The seagrasses have been determined to be all part of one large bed therefore minor impacts are allowed which would not result in additional die off other than what occurs during installation. It is Turrell, Hall & Associates, Inc. opinion that the proposed dock configuration fully minimized impacts to the surrounding seagrass lied with the proposed dock plan. Additionally, based on our observations the seagrasses will continue to thrive in this area due to their presence today and no real additional changes to this area will occur from to the proposed project. Page 4 of 8 TURNER DOCK SUBMERGED RESOURCE SURVEY AUGUST 2018 Existing Dock to be Replaced Typical Sand Substrate. On-site Page 5 of 8 TURNER DOCK SUBMERGED RESOURCE SURVEY AUGUST 201$ Shoal grass-Halodule beaudettei Page 6 of 8 7" - 'af'_'� TURNER DOCK SUBMERGED RESOURCE SURVEY AUGUST 2018 Paddle grass — Halophila decipiens & Lightning Whelk — Bustcon sinistrum Paddle grass — Halophila decipiens Page 8 of 8 Cofer county Growth Management Department Deveiopment Review Division July 02, 2018 GODFREY MALCOt M TURNER & PATRICIA A. TURNER 26 DOLPHIN CIR NAPLES. FL 34113 RE Special Treatment Permit No,PL20180001849 Property ID # 52343800009 Dear Applicant: Your request for a special treatment (ST) development permit for the above referenced property has been administratively approved pursuant to section 4 02.14 and 203_07 D of the Collier County Land Development Code (LDC). The submitted site plan identifies site alterations authorized by this permit, being a re -build of a non -conforming dock damaged in Hurricane Irma, and installation of two lifts. No Seagrass beds will be impacted by this reconstruction. The following stipulations shall apply: Prior to issuance of a certificate of occupancy (CO) all exotic vegetation. as defined in Division 1.08.02 LDC, shall be removed from the property. • Permits or letters of exemption from the Florida Department of Environmental Protection and the U.S. Army Corps of Engineers shall be presented prior to issuance of a County building permit, • Petitioner shall utilize only native southern Floridian species for all on-site landscaping. • Outdoor lighting associated with construction or development within three hundred (300) feet of the high tide line shall be in compliance with Division 3.04.02.B. of the Coilier County Land Development Code. • All other applicable state or federal permits must be obtained before commencement of the development. • Pursuant to Section 125.022(5) F.S„ issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fai4s to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. If you have any questions regarding this matter, please feel free to contact me at Phone: (239)-252-2972 or michaellecrowley@colliercountyFL.gov Sincerely, aer Caxs��y I eviewed acrd Apoo aved Por: Growth Management Department Permit Issuance 2800 N. Horseshoe Dr. Naples, Florida 34104 ST Permit PL20180001849 7l2I2018 239-252-2400 cc. Florida Department of Economic Opportunity - ACSC-DO@DEO.myflorida.com AGENDA ITEM 3-C Cot t ll �r County MEMORANDUM TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: APRIL 25, 2019 SUBJECT: BDE-PL20170000557 AUDUBON COUNTRY CLUB FOUNDATION, INC. PROPERTY OWNER/APPLICANT: Audubon Country Club Foundation, INC 15725 Tamiami Trail North Naples, FL 34110 REQUESTED ACTION: AGENT: Mark W. Minor, P.E. Q. Grady Minor & Associates P.A. 3800 Via Del Rey Bonita Springs, FL 34134 The applicant is requesting 4I3.6 -foot extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code (LDC) to allow for a total protrusion of 433.6 -feet from the property line and 66 -feet from the Mean High Water Line in order to accommodate a new 433.6 -foot boardwalk and observation for the benefit of the Audubon Country Club Community. GEOGRAPHIC LOCATION: The subject site is generally located at Warwick Way & Audubon Blvd. The site is further described as Audubon Country Club Unit 2. Section 8, Township 48 Range 25. Property Identification Number: 22510101024 (see location map on the following page). BDE PL20170000557 Page 1 of 9 April 25, 2019 Location Map A � w a arm I � LOCATION = a F .E. f� GW CLUB v T x TkI1Ct 9 Petition Number: PL20170000557 Zoning Map UTTLE HI B BAY 4 9th Si T PROJECT 4sA+ I$Y LOCATION BAREFOOT BEACH � n AUMSOH CLUB 1 BAY FOREST WATERGLADEB EDEN ON THE BAY JRETMREATGLEN C OHATC ARBOR TRACE Y 1E%1 Location Map A � w a arm I � LOCATION = a F .E. f� GW CLUB v T x TkI1Ct 9 Petition Number: PL20170000557 Zoning Map PURPOSE/DESCRIPTION OF PROJECT: The Audubon Country Club Foundation, Inc., Community boardwalk / observation deck is part of the Planned Unit Development (PUD) commitments originally conceptualized in the master site plan. The boardwalk / observation deck were permitted through the Department of Environmental Protection and the South Florida Water Management District during the initial construction of the Audubon Country Club west of Vanderbilt Drive. The planned 433.6 -foot facility will commence on Tract A of the Audubon Country Club, Unit Three — Addition; and terminate in Little Hickory Bay which is public waterway. The Audubon Country Club Foundation, Inc. has presented the current design to residents and has received very little, if any, concerns of the general design and layout of the boardwalk /observation deck. The proposed structure will meet ADA accessibility requirements including handrails and ramp slope requirements. It is designed to minimize impacts to the existing preserve and bay areas while complying with current state, and local agency requirements. The construction of the structure is scheduled to be done in a way in which it minimizes. impacts to the preserve area. Turbidity curtains are proposed in the bay during construction and the piles are to be jetted to reduce excess siltation from entering the bay. Clearing of the preserve is the minimum required to build the boardwalk and no boats are to be moored at the observation deck to reduce impacts to the existing wildlife and estuary system in the bay. The location of the observation deck is set at the edge of the mangrove drip line and does not protrude further into the bay as necessary to ensure resident views are not impacted. The area of the observation is set away from any seagrass and/or oyster beds to further limit environmental impacts. All construction activities will be in accordance with state and local agencies. Intentionally Blank BDE PL20170000557 Page 3 of 9 April 25, 2019 SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the subject site. North: Single -Family Residential; Audobon Country Club PUD South: Single -Family Residential; Audobon Country Club PUD East: Single -Family Residential; Audobon Country Club FUD West: Preserve; Audobon Country Club PUD Source: Collier County ARC GIS BSE PL20170000557 Page 4 of 9 April 25, 2019 ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request. The proposed boardwalk is to be constructed through existing native vegetative containing wetlands (.24 Acres). A South Florida Water Management District (SFWMD) permit (11-100865) has been approved for the proposed boardwalk. The native vegetation is preserved by two conservation areas which allows for an elevated boardwalk through wetlands to gain access to Little Hickory Bay as approved by (Audobon Country Club, PUD Ordinance # 91-053). The access walkway is 6 feet in width. A submerged resources survey provided by the applicant indicates there are existing Paddle Grass beds (Halophila decipiens) located waterward of the proposed boardwalk. The seagrasses are located approximately 45 feet from the proposed boardwalk. There are no proposed impacts to the seagrasses as illustrated on the aerial (Exhibit 1). The proposed boardwalk is located within the protected buffer zone for an eagle nest (CO -020B). Historic monitoring of the nest indicates the nest has be abandoned and has not been observed to be active since 2008. Current observations of the eagle nest reveal the nest has not been reestablished. 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: 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.) Criterion met: There are no boat slips proposed for this boardwalk / observation deck. The proposed boardwalk / observation deck is solely for the use of Audubon Country Club residents and will not be open to the public or be adjacent to any public ingress. The water frontage of the rear of the tract is far greater than the width of the dock (569' compared to BDE PL20170000557 Page 5 of 9 April 25, 2019 26') and will be well within the minimum side setback along the riparian lines. The proposed is consistent with Section 5.03.06 H of the LDC. 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.) Criterion not applicable: The proposed project is a boardwalk / observation deck and will not be used for mooring or launching of motorized vessels. 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.) Criterion met: The proposed boardwalk / observation deck does not protrude into any marked or charted navigable 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.) Criterion not met: With a total protrusion of 433.6 feet, and a total water width of 970 feet, the proposed boardwalk / observation deck protrudes 44.7% of the width of the waterway; greater than the minimum 25% width of waterway, but because there are no docks within proximity, the minimum 50% of navigable waterway is maintained. 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.) Criterion met: There are no docks within proximity to the proposed boardwalk/observation deck. The closest dock is approximately 3,500 feet north of the project hence, the proposed facility will not interfere with use of neighboring docks. BDE PL20170000557 Page 6 of 9 April 25, 2019 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.) Criterion met: As proposed, the facility is challenged by an existing mangrove overhang, wetlands and native vegetation which are within conservation areas. As such, the design requires that it traverse these areas, so it can gain access to Little Hickory Bay. The proposed 433.6 -foot boardwalk /observation deck is just clear of the existing vegetation drip line and will not interfere with the existing shoreline vegetation. 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 proposed boardwalk / observation deck will be compliant with the most current American Disability Act requirements and will be designed in a manner that provides safe and functional design to the railed observation deck. 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.) Criterion not applicable: There no vessels. 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.) Criterion met: There are no waterfront properties within close proximity to the project. 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.) Criterion met: There are no seagrass beds present within 200 feet of the project site. BDE PL20170000557 Page 7 of 9 April 25, 2019 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.) Criterion not applicable: The proposed boardwalk / observation deck will not facilitate the launching of motorized vessels. Hence, the manatee protection requirements of subsection 5.03.06 E.11 of the LDC are not applicable. STAFF FINDINGS: Staff finds this request complies with four of the five primary criteria one of which is not applicable and four of the six secondary criteria two of which are not applicable. APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS• As to any boat dock extension petition upon which the Hearing Examiner takes action, an aggrieved petitioner, or adversely affected property owner, may appeal such final action to the Board of County Commissioners. Such appeal shall be filed with the Growth Management Department Administrator within 30 days of the Decision by the Hearing Examiner. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30 -day period. Any construction work completed ahead of the approval shall be at their own risk. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on April, 2 2019. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner approve Petition BDE- PL20170000557 Attachments: A) Application & Support Material B) Ordinance # 91-53 BDE PL20170000557 Page 8 of 9 April 25, 2019 PREPARED BY: GILBERT "GIL" MARTINEZ, PRINCIPAL PLANNER ZONING DIVISION REVIEWED BY: r RAYMO D V. BELLOWS, ZONING MANAGER I ATE ZONING ISION REVIEWED BY: tj-a-Iq MICHAEL BOSI, AICP, DIRECTOR DATE BDE PL20170000557 Page 9 of April 25, 2019 Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION APPLICATION AND SUBMITTAL INSTRUCTIONS LDC Section 5.03.06 Chapter 3 B. of the Administrative Code The following information is intended to guide the applicant through the application and public hearing process for a Dock Facility Extension or Boathouse Establishment Petition. Prior to submitting the Dock Facility Extension or Boathouse Establishment Petition application, the applicant shall attend a pre -application meeting to determine if a dock facility extension or boathouse establishment is available and to discuss the location, length/protrusion, and configuration of the proposed boat dock facility. The pre -application fee is $500.00 and will be credited toward application fee upon submittal. If the application is not submitted within 9 months of the pre -application meeting the pre -app fee will be forfeited and will not be credited toward the application fee. In order for the application to be processed, all accompanying materials (see attached submittal checklist) shall be completed and submitted with the application. The application fee for a Dock Facility Extension or Boathouse Establishment is $1,500.00, plus $925.00 for required legal advertising. After submission of the completed application packet, accompanied with the required fees, the applicant will receive a response notifying that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., BDE- PL20120000000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Pursuant to the LDC and the Administrative Code, several public notice requirements shall be completed within the required time frames. The Planning and Zoning Department will provide, at the cost of the applicant, legal notification to surrounding property owners within 500 feet of the subject property and newspaper advertisement (required 15 days prior to the advertised Hearing Examiner hearing date). The applicant will be notified by email of the hearing date and will receive a copy of the Staff Report. It is recommended, but not required, that the applicant or the agent attend the Hearing Examiner hearing. Please contact the Growth Management Division at 252-2400 for further assistance completing this application. 6/3/2014 Page 1 of 7 C Aarcounty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch. 3 B. of the Administrative Code THIS PETITION IS FOR (check one): ❑■ DOCK EXTENSION ❑ BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION Applicant(s): Audubon Country Club Foundation, Inc. Address: 15725 Tamiami Trail N. city: Bonita Springs state: FL ZIP: 34110 Telephone: (239) 513-1313 Cell: Fax: (239) 513-1708 E -Mail Address: Steve@audubonfoundation.org Name of Agent: Mark W. Minor, P.E. Firm: Q. Grady Minor & Associates, P,A, Address3800 Via Del Rey city. Bonita Springs State: FL ZIP. 34134 Telephone: (239) 947-1144 Cell: Fax: (239) 947-0375 E -Mail Address: mminor@gradyminor.com PROPERTY LOCATION Section/Township/Range: 8 4 25 Property I.D. Number: 22510101024 Subdivision: Audubon County Club Unit Two unit: Lot: Block: Address/ General Location of Subject Property: Warwick Way & Audubon Blvd. Current Zoning and Land use of Subject Property: PUD - Vacant BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 6/3/2014 Page 2 of 7 CO er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): Construction of a new Boardwalk, Deck, and Canoe launch SITE INFORMATION 1. Waterway Width: 970 ft. Measurement from ❑ plat H survey ❑ visual estimate ❑ other (specify) 2. Total Property Water Frontage: 569 ft. 3. Setbacks: Provided: +/- 2537 ft. Required: 15 ft. 4. Total Protrusion of Proposed Facility into Water: 433.6 ft. S. Number and Length of Vessels to use Facility: 1. 0 ft. 2. ft. 3. ft. 6. list any additional dock facilities inclose proximity to the subject property and indicate the total protrusion into the waterway of each: There are no community facilities in close proximity to the project. The closest private residential dock is 3,500' and protrudes 50'. 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? 257.3 Acres 8. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes X No If yes, please provide copies. 6/3/2014 Page 3 of 7 Zoning land Use N PUD Single -Family Residential S PUD Single -Family Residential E PUD Single -Family Residential W PUD Preserve DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): Construction of a new Boardwalk, Deck, and Canoe launch SITE INFORMATION 1. Waterway Width: 970 ft. Measurement from ❑ plat H survey ❑ visual estimate ❑ other (specify) 2. Total Property Water Frontage: 569 ft. 3. Setbacks: Provided: +/- 2537 ft. Required: 15 ft. 4. Total Protrusion of Proposed Facility into Water: 433.6 ft. S. Number and Length of Vessels to use Facility: 1. 0 ft. 2. ft. 3. ft. 6. list any additional dock facilities inclose proximity to the subject property and indicate the total protrusion into the waterway of each: There are no community facilities in close proximity to the project. The closest private residential dock is 3,500' and protrudes 50'. 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? 257.3 Acres 8. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes X No If yes, please provide copies. 6/3/2014 Page 3 of 7 CAY County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) 6/3/2014 Page 4 of 7 101 K CAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 SECONDARY CRITERIA 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 5.03.061 must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) 6/3/2014 Page 5 of 7 CoI r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: ❑ 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 NOT REQUIRED Completed Application (download current form from County website) 6 x❑ ❑ Signed and Sealed Survey s❑ 0 ❑ Chart of Site Waterway ❑ ❑ 0 Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip -rap revetment); • Configuration, location, and dimensions of existing and proposed 6 0 ❑ 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 El 1:1 Completed Addressing Checklist 1 0 ❑ Electronic copy of all required documents *Please advise: The Office of the Hearing Examiner requires all materials 1 0 ❑ to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. Please contact the project manager to confirm the number of additional copies required. 6/3/2014 Page 6 of 7 K 101 Co e -r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-63SB PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Environmental Review: See Pre -Application Meeting Sign -In Sheet Addressing: Annis Moxam Graphics: Mariam Ocheltree ❑ City of Naples: Robin Singer, Planning Director ❑ Historical Review ❑Comprehensive Planning: See Pre -Application Meeting Sign -In Sheet ❑ Immokalee Water/Sewer District: El I Conservancy of SWFL: Nichole Ryan El Parks and Recreation: Vicky Ahmad ❑ County Attorney's Office: Heidi Ashton-Cicko ❑ Transportation Pathways: Stacey Revay ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ School District (Residential Components): Amy Heartlock ❑ Engineering: Alison Bradford Transportation Planning: John Podczerwinsky ❑ Other: ❑ Utilities Engineering: Kris VanLengen FEE REQUIREMENTS: X Boat Dock Extension Petition: $1,500.00 X Estimated Legal Advertising fee for the Office of the Hearing Examiner: .00 $1,125.00 An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Mark W Minor, PE, #45324, State of Florida Signature of Petitioner or Agent Date 6/3/2014 Page 7 of 7 101 0 W K., Co �ry County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collierxov.net (239) 252-2400 FAX: (239) 252-6358 PL2O17OOOO557 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) Audubon Country Club Community Boardwalk and Park 1, Steve Plelrzyk (print name), as General Manager (title, if applicable) of Audubon Country ckk Foundation. Inc. (company, If applicable), swear or affirm under oath, that i am the (choose one) owner X applicant _ contract purchaser__ and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Q - Grady Minor&Associates, P.A. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member. " • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee ". • In each instance, first determine the applicant's staters, e.g., individual, corporate, trust, partnership, and then rise the appropriate format for that ownership. Under penalties of perjury, I declare that i have read tate foregoing Affidavit of Authorization and that the facts stated in it are true. a r Signature Date STATE OF FLORIDA COUNTY OF COLLIER �+ Th egoing Ins Wt was sworn to (or affirmed) and subscribed before me on ` �Zy (name of person providing oath or affirmation), as ho 10 is personally known tom wh��(type of identi rcation) as identifica ion. MANY R OIRMANO mjlD"--• STAMP/SEAL I11018ty Fulik • Syte of Fluids Sightuo of otary Public • My comm. lrpltat May 11, 2018 •.., Commisdon 0 FF 101891 cr108-CoA-oo115\ts ,�`' 9andedito*1119 dlildaryAssn. 3/2/16 Page 6 of 9 Audubon Boardwalk April 2, 2019 Property Information Folio: 22510101024 Owner: Audubon Country Club Foundation Inc. Site Address: None Official Records Book: 5371 Page: 3989 Legal Description: All of Tract A, Audubon Country Club, Unit Three -Addition, according to the Plat thereof recorded in Plat Book 61, Pages 90 and 91, Public Records of Collier County, Florida INSTR 5378315 OR 5371 PG 3989 RECORDED 3/14/2017 3:57 PM PAGES 6 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $560.00 REC $52.50 CONS $80,000.00 Prepared by: C. Neil Gregory, Esq. Bond, Schoeneck & King, PLLC 4001 Tamiami Trail North Suite 250 Naples, FL 34103 239-659-3800 File Number: 975654 Will Call No.: Parcel Identification No. 22510101024 [Space Above This Line For Recording Data] Special Warranty Deed v� co This Indenture made this 9th day of 7 between An erprises, LLC, a Florida limited liability company whose post office address is 2 bon Blvd., Naples, FL 110 f the County of Collier, State of Florida, grantor*, and Audubon Country Club oun a , It �Ioridaaot-fbr- rofi corporation whose post office address is 15725 Tamiami Trail North, Naples, L 3 110�oer, Stat of orida, grantee*, Witnesseth that said grantor, fo an n o a e N N0/100 DOLLARS ($10.00) and other good and valuable c i r ti a' g ntor n ha aid by said grantee, the receipt whereof is hereby acknowledged g ed, ga nd t said grantee, and grantee's heirs and assigns forever, the followin ribed land, situate, ng anSje ng in Collier County, Florida, to - wit: �� o See Exhibit "A" attached hereto. eja part hereof 'IrC ertv"). The Property is being deeded to, and to t j4A-1ee as Common Areas as defined in the Amended and Restated Declaration of Covenants, Conditions and Restrictions for Audubon Country Club, as recorded in Official Records Book 4516, Page 3335, of the Public Records of Collier County, Florida, as amended, to be devoted to the common use and enjoyment of Grantee residents. Subject to (a) ad valorem and non ad valorem real property taxes for the year of closing and subsequent years; (b) zoning, building code and other use restrictions imposed by governmental authority; (c) outstanding oil, gas and mineral interests of record, if any; and (d) restrictions, reservations and easements of record, if any. If Grantee elects to use the subject Property as a park or boardwalk or for other uses, at such time as said use commences, grantee shall be required to plant and maintain a ten (10) foot wide landscaped buffer area on the Property adjacent to the rear property lines of Lots 9 and 10, Audubon Country Club Unit Three — Addition as recorded in Plat Book 61, Page 90, of the Public Records of Collier County, Florida ("Lots 9 and 10"), which landscaped buffer shall contain plant materials that within two (2) years of time of planting shall substantially obstruct the view of the future homes on Lots 9 and 10 to any future improvements constructed on the Property and to obstruct the view from Lots 9 and 10 to residents using the park or boardwalk as is reasonably permitted, is not prohibited within the landscape buffer area due to endangered or protected species or exotic plants and is in accordance and in compliance with all governmental rules and regulations, as well as covenants, conditions, rules and regulations of Grantee. Grantor shall have site plan approval rights with respect to any structures constructed on the Property and for the location of any parking areas. Grantor approves the preliminary site plan attached hereto as Exhibit "B" ("Site Plan"). Failure of Grantor to object, or approve, in writing, 532446.2 3/812017DoubleMmO 101 Nel OR 5371 PG 3990 any revisions to the Site Plan submitted to Grantor by Grantee after thirty (30) days shall be deemed approval of Grantor. Grantor's approval or objection of any revised Site Plan may not be unreasonably withheld, conditioned, or delayed. Grantor shall not be permitted to object to any revisions to a site plan that is required by any governmental or municipal agencies or authorities. Together with all of Grantor's rights pertaining to the Property, including without limitation all appurtenances, easements and privileges thereto belonging, development rights, governmental permits, development orders and hereditaments. To Have and to Hold, the same in fee simple forever. And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. * "Grantor" and "Grantee" are used for singular or plural, as context requires. In Witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year first above written. R co O��lj�?, Audubon E rpri s, co tness Name: '. U illi r�fl Witness Name: G 2 a A State of Florida County of Collier LLC, a Florida limited liability The foregoing instrument was acknowledged before me this 9th day of March, 2017 by William W. Treffert, Manager of Audubon Enterprises, LLC, a Florida limited liability company, on behalf of said firm. He [X] is personally known to me. [Notary Seal] rt.uNEs�RI►wset ElWCMW--=-0-N#FF9W16 EXPIRES: October 4, 2019 9=W 7ku Nfty Pvhk UndK*&M Notary Public Printed Name: /VL .s-il)o E , ma- wi C,t= My Commission Expires: Warranty Deed (Statutory Form) - Page 2 532446.2 31812017Doub19T1m0 OR 5371 PG 3991 m EXHIBIT "A" All of Tract A, Audubon Country Club, Unit Three — Addition, according to the Plat thereof recorded in Plat Book 61, Pages 90 and 91, Public Records of Collier County, Florida /ISR. 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A PORTION OF CHECKED BY: DLS GradyNnoar 3a0B Via Dol Ray SpMnBe P1o11da 34134 TRACT "A" JOB CODE:*ABFBW 4 80 nlrs PLAT BOOK 21 AUDUBON COUNTRY CLUB UNIT TWO CivilGfilh Engineers , CASurveyors Planners LeAdecape Architects , PAGES 21 TAROUGH 26 w DATE 15 JULY 2015 Cmi erABB 0005151 Cell of of Aofh. Ili005 0151 gya� LC 26000M 1N 2gpp0� � SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST 191E 16.92-91(2% Bonit6Springs: 239.917.1144 www GraAye!/nar.com Fort Uyelss 239.880A380 COLLIER COUNTY, FLORIDA a te_ 2 Ct 3 v oft *AA TRACT P-1- (✓ VIAND PMSEVW) AUDUBON COUNW CLUB. UNrr Afro (MAT BOCK 21. PAaM 21-26) tts 4o t.5 41A Ana MUM 17Aa2D 1EiA1gS F& FAZIMM • AS�IIISS �1 1=0 5 MISACY1 "'LA t19 t19 �)) 1 ., - � � � w l N- '' 11 AVM =I F4.E. t&02-0taI29) NI 0 W �A00 2 J . c=i l 30' 60' 120' 1 SCALE; 1 " = 60' 1 THIS PLAN MAY HAVE BEEN ENLARGED OR REDUCED FROM !MENDED DISPLAY SCALE t_ta FOR REPRODUCTION REASONS "Al + i oft *AA TRACT P-1- (✓ VIAND PMSEVW) AUDUBON COUNW CLUB. UNrr Afro (MAT BOCK 21. PAaM 21-26) tts 4o t.5 41A Ana MUM 17Aa2D 1EiA1gS F& FAZIMM • AS�IIISS �1 1=0 5 MISACY1 "'LA t19 t19 �)) TOPOGRAPHIC I BOUNDARY SURVEY ., - � � � DRAIMI W. 1616 CHEt D aY: DLS 1 \ '' 11 AVM SCAM V DATE 16 JULY MIS F4.E. t&02-0taI29) OFRMawW waw.. WSW 20 0 �A00 J ARVVMV �C, jf r ARI�fM)F Am a 461• ALIO 29 JAVT SWAW ° SM MMM \ + tit t_ta t-ts "Al + i FRM RawI W AM caw=, 'sI I -\ 10 tt-11 .t.� -41 t-15 k�1S 1A +-Lt` 1 1 t.ob +-Z� 1-011 . 1 ) 1 I Cv, ;7 AWPOW war I 1 +-0F I IfiWIChi IconitMC6 I b 0• GradyMnor end A61MClaUB. P.A, GradyMinor 3800 Yle Del Rey BOOM 30"Up. Florida 34134 a CMI Engineers Land Surveyors Planners I.aDdsca a Architects YD R Cal of Milk 80 0005181 Com arAe41. IJ1000S1i1 9af6ielt I.0 20000MG YwutaBiuinga: 23A.947.t144 1vww.CradyANoor.com Pam Mytm- 239.896.4380 TOPOGRAPHIC I BOUNDARY SURVEY ., - � � � DRAIMI W. 1616 CHEt D aY: DLS ti tt q ft h A PORTION OF TRACT *N'roacODE AUDUBON COUNTRY CLUB UNIT TWO PLAT BOOK 21, PAGES 21 THROUGH 26 LYING IN SECTION 8, TOWNSHIP 48 SOUTH. RANGE 25 EAST COLLIER COUNTY. FLORIDA AVM SCAM V DATE 16 JULY MIS F4.E. t&02-0taI29) SHED; s O( s' Cotyer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 2S2-6358 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: M C. 4 Name and Address % of Ownership _ Audubon Country Club Foundation, Inc. 100 i 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 If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the iercentage of interest: Name and Address % of Ownership Created 9/28/2017 Page 1 of 3 Co L e r County 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 nronerty is in the name of a GFNFRAI or I IMITFn PARTNFRSHIP list the name of tho eneral 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 itticers, stockholders, beneficiaries, or partners: Name and Address % of Ownership NA Date of Contract: f. If anv contineencv clause or contract terms involve additional parties. list all individuals nr officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 0 (Affier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.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 O" 0 v02- Zvip Ag t/Owner Signature Date .TO#A% /nr -llwd Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 Audubon Country Club Community Boardwalk Site Development Plans Located in Collier County Section 08, Township 48 South, Range 25 East Owner/Developer: Audubon Country Club Fountation 15725 Tamiami Trail North Naples, Florida 34110 Tel: 239.513.1313 Email: steve@audubonfoundafion.com d0b/MICE ft -0!!, 90-01, N-69 COl11EM CpMM1 ZpWf.: PYO fMI1101M4MIM. RSOIMICi PEMWt MD. 11 �]-5 COL11E0 M1111tY r0Y0 M,. tri1010t07s a COWUM a+"�A d• T 6 6OIMOMn 8OAR MMX " Vicinity Map M.T.S. Location Map M.T.x Prepared ®GradyMinor Isswato fw1"IIM.Itrr MLLI rr�s„eln owrrullel/ IMI//Yr Index of Sheets rAM Na 1 COVE OW AMO OM OF OMAMM16f 2. 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Megan Mills e Florida Department of Environmental Protection South District o Permitting Program Administrator Mexan,.Ulls@floridaDEP.gov TAI ' Office: 239-344-5670 sperouuvouR DEP Home Paae pEP Business Porta/ ERP Online He% Information Portal ERP APPLICATION FORMS: i sUiloridadegaovlwaterlsubmerged-lands-environmental-resources- 000rdi nationCcgntentfforms-envi ronmenta I -resource New SPGP Effective December 316t - For more information: https:]/www,sal,usace,amy,mitIM4gnUReguiaLQWPuWic--NQUgWArticleJI70335W-Aate-pmgrammatic!general-permit- 5pgD-v-state-of-florida/ From: McNeely, Kimberly (mailto:kmcneely@sfwmd.gov] Sent: Tuesday, December 18, 201810:02 AM To: Mills, Megan <Megan.Mills@dep.state.fl.us>; Mike Myers <mikem@passarella.net> Cc: Steve Pietrzyk <steve@audubonfoundation.org>; Jeremiah DeForge (JDeForge@gradyminor.com) <J De Fo rge @ g ra d y m i n o r. co m> Subject: RE: Audubon Country Club Boardwalk (11ACC2091) Megan, Will you please respond to this email with a statement confirming that DEP is in agreement that the District can proceed with the permitting for the boardwalk? Thank you, Kim McNeely Environmental Analyst; Permitting South Florida Water Management District 2301 McGregor Blvd. Fort Myers, FL 33901 P: 239.338.2929 ext: 7739 F: 239.339.2936 kmcneely@sfwmd.gov $A -V) -H&.0✓ ePer,ir NOTE: While the District supports that it is commonplace and convenient to collaborate via email during the pre- application/application process, Permit Applications and Responses to a Request for Additional Information (RAI) submitted via email are not an official submittal (Section 40E-2.101, Florida Administrative Code). For timely and efficient processing of permit applications and RAI responses, submit online using ePermittinit Florida enjoys abroad public records law. This e-mail and any response to this e-mail are subject to that law and maybe reviewed by the public. From: Mills, Megan <Mesan.Mills@dep.state.fl.us> Sent: Friday, December 14, 201811:09 AM To: McNeely, Kimberly <kmcneelv@sfwmd.Rov>; Mike Myers <mikem@passarella.net> Cc: Steve Pietrzyk<ste_v_e@audubonfoundation.ora>; Jeremiah DeForge (JDeForge@Rradyminor.com) <J De Forae@Rradvminor.com> Subject: RE: Audubon Country Club Boardwalk (11ACC2091) That is awesome newsl I will have a copy of our permit uploaded to our digital site. o� o�►�Rry� Megan Mills roe` Florida Department of Environmental Protection South District Permitting Program Administrator Megan.Milis@FioridaDEP.gov Office: 239-344-5670 S/ outfYOUR �IE,IV/KAs:[IN6 DEP Home Paae DEP Business Porta/ ERP Online He/n Information Portal ERP APPLICATION FORMS: fps:flfloridadep.govlwaterlsubmerged-lands-environmental-resources- coordination/content/forms-environmental-resource New SPGP Effective December 318t - For more information: bftpL1 www.sa3.usace.army.mil/Missions]Reoulatay/Public-NoUceslArticiej170335„21state-ptggrammatic-general-permit- spgp-v-state-of-florida/ From: McNeely, Kimberly Imailto:kmcneelvgsfwmd.govl Sent: Friday, December 14, 201811:06 AM To: Mike Myers <mikem@passarella.net>; Mills, Megan <Meaan.Mills@dep.state.fl.us> Cc: Steve Pietrzyk <steve@audubonfoundation.orR>; Jeremiah DeForge (JDeForge@Rradvminor.com) <JDeForse@Rradvminor.com> Subject: RE: Audubon Country Club Boardwalk (11ACC2091) That's great news. I will speak to Laura about yesterday's meeting and this permit later today and get back to you with a definitive plan for moving forward. 0 Kim McNeely Environmental Analyst Permitting South Florida Water Management District 2301 McGregor Blvd. Fort Myers, FL 33901 P: 239.338.2929 ext: 7739 F: 239.339.2936 kmcneely@sfwmd.gov NOTE: While the District supports that it is commonplace and convenient to collaborate via email during the pre- application/application process, Permit Applications and Responses to a Request for Additional Information (RAI) submitted via email are not an official submittal (Section 40E-2.101, Florida Administrative Code). For timely and efficient processing of permit applications and RAI responses, submit online using ePermitting Florida enjoys a broad public records law. This e-mail and any response to this e-mail are subject to that law and may be reviewed by the public. From: Mike Myers <mikem@passarella.net> Sent: Friday, December 14, 2018 8:46 AM To: Megan Mills me an.mills de .state.fl.us) <meitan.mills@deo.state.fl.us>; McNeely, Kimberly <kmcneely@sfwmd.gov> Cc: Steve Pietrzyk <steve@audubonfoundation.org>; Jeremiah DeForge (JDeForge@gradyminor.com) <J DeForge@gradvminor.com> Subject: Audubon Country Club Boardwalk (11ACC2091) Good Morning Megan and Kimberly — thank you for taking the time to meet with us yesterday to discuss the Audubon Country Club boardwalk. Your willingness to work with us is very much appreciated. This morning I did review our records before contacting the COE and we have two copies of the old COE permit and one of the versions included the old FDEP permit (No. 111383805)(see attached). If you go to page 7 of 12 of the FDEP permit, Specific Condition 10, includes the language that allows for the boardwalk in the mangroves. It too discusses the on-site meeting with DER staff back on December 14, 1987 (31 years ago from today — how coincidental is that!). Specific Condition 22 in the permit also discusses the conservation easement. The language in this condition acknowledges the presents of a boardwalk to be placed within the conservation area, so hopefully the CE does not need to be modified to accommodate this feature. Please let us know if this addresses both agencies concerns. Thank you both again for your time yesterday. Mike PROPERTY DESCRIPTION A PNcM OF IAAV UXATM /N SECMY 4 TDM MP 48 SOUK R46V 25 W. 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Florida 34134 AUDUBON COUNTRY -ADDITION SCALE: 1•= Ba PLAT BOOK 61, PAGES 90 AND 91 DATE: 15 JULY 2015ct Civil Engineers . Land Surveyors . Planners . Landscape ArchitectsLYING IN - FILE: %024)S(8*l144,Z01B cert urAnN. BB 0005181 Cert orAutJt. LB 0005151 Business LC 28000288 SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST i Z) Bonita Springs: 239.947.1144 www. GradyMinor. com Fort Myers: 239.690.4380 COLLIER COUNTY, FLORIDA SHEET: 3 of 3 ` South Florida Water Management District Individual Environmental Resource Permit No. 11-100865-P • - Date Issued: January 18, 2019 Permittee: Audubon Country Club Foundation, Inc 15725 Tamiami Trail N Naples, FL 34110 Project: Audubon Country Club Community Boardwalk Application No. 180601-611 Location: Collier County, See Exhibit 1 Your application for an Individual Environmental Resource Permit is approved. This action is taken based on Chapter 373, Part IV, of Florida Statutes (F.S.) and the rules in Chapter 62-330, Florida Administrative Code (F.A.C.). Unless otherwise stated, this permit constitutes certification of compliance with state water quality standards under section 401 of the Clean Water Act, 33 U.S.C. 1341, and a finding of consistency with the Florida Coastal Management Program. Please read this entire agency action thoroughly and understand its contents. This permit is subject to: • Not receiving a filed request for a Chapter 120, F.S., administrative hearing. • The attached General Conditions for Environmental Resource Permits. • The attached General Conditions for Authorizations. • The attached Special Conditions. • All referenced Exhibits. All documents are available online through the Districts ePermitting site at www.sfwmd.gov/ePermitting. If you object to these conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office if you have any questions concerning this matter. If we do not hear from you in accordance with the "Notice of Rights", we will assume that you concur with the Districts action. The District does not publish notices of action. If you wish to limit the time within which a person may request an administrative hearing regarding this action, you are encouraged to publish, at your own expense, a notice of agency action in the legal advertisement section of a newspaper of general circulation in the county or counties where the activity will occur. Legal requirements and instructions for publishing a notice of agency action, as well as a noticing format that can be used, are available upon request. If you publish a notice of agency action, please send of a copy of the affidavit of publication provided by the newspaper to the Districts West Palm Beach office for retention in this file. If you have any questions regarding your permit or need any other information, please call us at 1-800-432-2045 or email ERPDsfwmd.gov. Melissa Roberts, P.E. Administrator, Environmental Resource Bureau South Florida Water Management District Individual Environmental Resource Permit No. 11-100865-P Date Issued: January 18, 2019 Project Name: Permittee: Operating Entity: Location: Permit Acres: Project Land Use: Special Drainage District: Water Body Classification: FDEP Water Body ID: Expiration Date: January 18, 2024 Audubon Country Club Community Boardwalk Audubon Country Club Foundation, Inc 15725 Tamiami Trail N Naples, FL 34110 Audubon Country Club Foundation, Inc 15725 Tamiami Trail N Naples, FL 34110 Collier County 4.75 acres Residential N/A CLASS II 3259A Wetland and Surface Water impacts: 0.24 acres Conservation Easement to District: Sovereign Submerged Lands: M Yes Type: Letter of Consent Project Summary This Environmental Resource Permit authorizes the construction of a walking trail and boardwalk for a project known as Audubon Country Club Community Boardwalk. This permit authorizes the construction of a driveway apron, shell golf cart staging area, shell walking trail, a proposed 420 linear foot timber boardwalk from the trail to Little Hickory Bay, and a 730 square foot observation deck with a covered seating area overlooking the bay. This project results in 994 square feet of pre-empted area measured seaward of the Mean High Water Level (MHWL) and will create 0.6 acres of impervious area. No additional water quality is required as the current constructed impervious area is less than the permitted impervious area. Site plans and details are attached as Exhibit No. 2.0. Issuance of this permit constitutes certification of compliance with state water quality standards in accordance with Rule 62-330.062, F.A.C. Site Description The project site is located in Audubon Country Club, which is located south of Bonita Beach Road and west of Vanderbilt Beach Road, in Collier County. The 4.75 -acre site is in Audubon Country Club Unit Three - Tract A, west of Warwick Way and Audubon Boulevard. Land surrounding the project site consists of residential areas, which are part of Audubon Country Club, to the north, east, and south, with Little Hickory Bay to the west. Refer to Exhibit 1.0 for a location map. Permit No: 11-100865-P, Page 2 of 19 EO N N There are no permitted stormwater management facilities within the project area. The site is vacant land. The applicant has been notified by the Florida Department of Environmental Protection that the subject site contains state-owned sovereign submerged lands. For more information on sovereign submerged lands, please see the Sovereignty Submerged Lands section of this permit. For information on wetland and surface water impacts, please see the Wetlands and Other Surface Water section of this permit. Ownership, Operation and Maintenance Perpetual operation and maintenance of the stormwater management system and traillboardwalk facilities will be the responsibility of Audubon County Club Foundation, Inc. Upon conveyance or division of ownership or control of the property or the system, the permittee must notify the Agency in writing within 30 days, and the new owner must request transfer of the permit. Background Audubon Country Club was permitted in January, 1988 under Permit #11-00427-A (App #06057- D); which gave approval for 724.5 acres and six (6) drainage basins. Drainage basin #1 is located East of Vanderbilt Drive and Drainage Basins #2-6 are located West of Vanderbilt Drive. Then under App #910708-10 in July, 1991 drainage basins #4 and #5 were combined due to an eagle's nest in drainage basin #5 that prevented development. This application included additional lakes in drainage basins #3 and #4 and additional development acreage in drainage basin #4 and the deletion of drainage basin #5. Two modifications were permitted in July, 2000 (App#000517-3) and in 2016 (App#160428-18) which is a portion of the additional development acreage permitted in 1991 (App#910708-10). In 2000 eight (8) single-family residential lots and supporting infrastructure were permitted and in 2016 two (2) more lots were added with the remainder of drainage basin #4 as Tract A. Tract A is the 4.75 acres proposed for the walking path and boardwalk. Engineering Evaluation: Water Quality Water quality treatment is provided in the master SWM system. The project includes implementation of a Stormwater Pollution Prevention Plan (Exhibit 2.1) and an Urban Stormwater Management Program (Exhibit 2.2) as additional reasonable assurance of compliance with water quality criteria during construction and operation. Certification, Operation, and Maintenance Pursuant to Chapter 62-330.310, F.A.C., Individual Permits will not be converted from the construction phase to the operation phase until construction completion certification of the project is submitted to and accepted by the District. This includes compliance with all permit conditions, except for any long term maintenance and monitoring requirements. It is suggested that the permittee retain the services of an appropriate professional registered in the State of Florida for periodic observation of construction of the project. For projects permitted with an operating entity that is different from the permittee, it should be noted that until the construction completion certification is accepted by the District and the permit is transferred to an acceptable operating entity pursuant to Sections 12.1-12.3 of the Applicant's Handbook Volume I and Section 62-330.310, F.A.C., the permittee is liable for operation and maintenance in compliance with the terms and conditions of this permit. In accordance with Section 373.416(2), F.S., unless revoked or abandoned, all SWM systems and works permitted under Part IV of Chapter 373, F.S., must be operated and maintained in perpetuity. Permit No: 11-100865-P. Page 3 of 19 The efficiency of SWM systems, dams, impoundments, and most other project components will decrease over time without periodic maintenance. The operation and maintenance entity must perform periodic inspections to identify if there are any deficiencies in structural integrity, degradation due to insufficient maintenance, or improper operation of projects that may endanger public health, safety, or welfare, or the water resources. If deficiencies are found, the operation and maintenance entity is responsible for correcting the deficiencies in a timely manner to prevent compromises to flood protection and water quality. See Section 12.4 of the Applicant's Handbook Volume I for Minimum Operation and Maintenance Standards. Land Use Refer to Exhibit 2.0 for the land use table for the project site, and the land use table up-to-date for the 130 -acre Drainage Basins 4 and 5. Ral N Permit No: 11 -1 00865-P, Page 4 of 19 Environmental Evaluation: 0 Wetlands and Other Surface Waters The project site contains 1.34 acres of wetlands and 0.18 acres of other surface waters (OSW) totaling 1.52 acres. Please see Exhibit 3.0 for wetland and other surface water locations. The wetlands can generally be described as mangrove swamps and wetland shrub with varying degrees of exotic invasion. Additional wetland descriptions are available in the ePermitting file. The other surface waters for this project include a portion of Littlle Hickory Bay, which is an Outstanding Florida Water (OFW). The proposed board walk and observation deck will result In 0.22 acres of direct wetland impacts, 0.04 acres of secondary wetland impacts and 0.02 acres of OSW impacts as described in the table below. A total of 1.28 acres of wetlands (1.12 acres) and other surface waters (0.16 acres) will be preserved within the Project area. The other surface water impacts consist of the areas below the MHWL of Little Hickory Bay, where the observation deck will be located. Exhibit 3.1 identifies the locations of the wetlands and other surface waters being impacted. The construction of the board walk and associated observation deck have been previously authorized under the Florida Department of Environmental Protection (FDEP) Permit No. 111383805. Mitigation for these impacts were addressed under the FDEP permit and no further mitigation is needed for the proposed work in this application. The mitigation proposed in the FDEP permit consisted of preservation and enhancement of the remaining on-site wetlands (1.12 acres) and uplands (3.12 acres). This area is under a conservation easement to FDEP, and pursuant to coordination with FDEP as part of this application, no modifications to the conservation easement are required, since the boardwalk was already conceptually approved in the FDEP permit. The proposed boardwalk will clearly be in the public's interest through the preservation of over 200 acres of coastal mangroves that abut Little Hickory Bay, a Class II, Outstanding Florida Water. The placement of these mangroves under a recorded conservation easement with FDEP ensures their protection in perpetuity, which is in the direct benefit to the public. Furthemore, this level of perservation greatly exceeds the mitigation needed to off -set the direct and secondary impacts associated with the boardwalk and the mitigation required to off -set the wetland impacts associated with the original development of the community. Fish, Wildlife, and Listed Species The wetlands to be impacted have the potential to provide habitat for wetland -dependent species including wading birds and the bald eagle. A Listed Species survey was conducted in May of 2018. No wetland -dependent endangered or threatened species or species of special concern were observed on-site. Historically, Bald Eagle Nest CO -020B was located within the subject property, but it was last recorded as active in 2008 and was last surveyed in 2016. Submitted information indicates that potential use of the site by such species is minimal. In addition to the upland and wetlands that were surveyed, the submerged bottoms within Little Hickory Bay, located with the Project limits, were also surveyed. No submerged aquatic resources or intact oyster beds were observed. No aquatic or wetland -dependent listed species or species having special protection were observed to be using the uplands within the project for nesting or denning. The applicant will comply with the Standard Manatee Construction Conditions for In -water Work, as recommended by the Florida Fish and Wildlife Conservation Commission in a September 7th, 2018, correspondence, as well as smalltooth sawfish construction conditions. Furthermore, the applicant shall follow the submitted Turbidity Monitoring Plan, please see Exhibit 3.2 for this plan. This permit does not relieve the applicant from complying with all applicable rules and any other agencies' requirements if, in the future, endangered or threatened species or species of special concern are discovered on the site. Sovereignty Submerged Lands 0 Permit No: 1 1-100865-P, Page 5 of 19 The construction of the observation deck is located on sovereignty submerged lands (SSL) - lands owned by the State of Florida; therefore, it requires authorization from the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), pursuant to Article X, Section 11 of the Florida Constitution, and Section 253.77, F.S. The District is delegated the authority to take final agency action for this application on behalf of the Board of Trustees, pursuant to Rule 18-21.0051(2), F.A.C. The District has determined that the activity qualifies for a Letter of Consent, as long as the work performed is located within the boundaries as described and is consistent with the conditions herein. The subject property contains approximately 3,650 linear feet of shoreline and the pre- emptive area, from MHWL, is 994 square feet.Therefore, the projects meets the 10:1 Rule requirement in Chapter 18-21.005(c) F.A.C. Please see Exhibit 3.3 for the SSL Determination from the Florida Department of Environmental Protection. Permit No: 11-100865-P, Page 6 of 19 Environmental Evaluation Tables: Summary Project Score UMAM Loss Wetlands and Other Surface 1.564 acres Waters: 2 0.22 Direct Impact Direct Impacts: 0.24 acres Secondary impacts: 0.044 acres Net UMAM Functional Loss/ Gain: 0 units Total Onsite Mitigation Area: 0 acres Total Offsite Mitigation Area: 0 acres Group 1 Activities in Wetlands or Other Surface Waters, Not Including Mitigation at a Bank Ee ID Acres Action Community Description Current Score With Project Score UMAM Loss 1 0.02 Direct Impact Bas and Estuaries 0.000 2 0.22 Direct Impact Mangrove Swamps 0.000 3 0.16 Preservation Bas and Estuaries 0.000 1.12 Preservation Mangrove Swamps 0.000 5 10.044 Secondary Impact IMangrove Swamps 1 0.000 otal: 1.564 0.000 i 10-1 Permit No: 11-10086", Page 7 of 19 Related Concerns: Historical/ Archeological Resources No information has been received that indicates the presence of archaeological or historical resources on the project site or indicating that the project will have any effect upon significant historic properties listed, or eligible for listing in the National Register of Historic Places. This permit does not release the permittee from complying with any other agencies' requirements in the event that historical and/or archaeological resources are found on the site Water Use Permit Status The applicant has indicated that a source for irrigation water is not needed for this project. The applicant has indicated that dewatering is not required for construction of this project. This permit does not release the permittee from obtaining all necessary Water Use authorization(s) prior to the commencement of activities which will require such authorization, including construction dewatering and irrigation. Permit No: 11-100865-P, Page 8 of 19 General Conditions for Individual Environmental Resource Permits, 62-330.350, F.A.C. 1. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. 2. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. 3. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation, June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both Incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C., unless a project -specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. 4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), "Construction Commencement Notice," (October 1, 2013), (http://Www.firules.org/Gateway/reforence.asp?No=Ref-02505), incorporated by reference herein, indicating the expected start and completion dates. A copy of this form may be 0 obtained from the Agency, as described in subsection 62-330.010(5), F.A.C., and shall be submitted electronically or by mail to the Agency. However, for activities involving more than one acre of construction that also require a NPDES stormwater construction general permit, submittal of the Notice of Intent to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities, DEP Form 62-621.300(4)(b), shall also serve as notice of commencement of construction under this chapter and, in such a case, submittal of Form 62-330.350(1) is not required. 5. Unless the permit is transferred under rule 62-330.340, F.A.C., or transferred to an operating entity under rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms, and conditions of the permit for the life of the project or activity. 6. Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex- "Construction Completion and Inspection Certification for Activities Associated With a Private Single -Family Dwelling Unit"[Form 62-330.310(3)]; or b. For all other activities- "As -Built Certification and Request for Conversion to Operational Phase" [Form 62-330.310(1)]. c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. 7. If the final operation and maintenance entity is a third party: a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as -built certification, whichever comes first, the permittee shall submit, as Permit No: 11.100885-P, Page 9 of 19 applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.4 of Volume 1) as filed with the Florida Department of State, Division of Corporations, and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. b. Within 30 days of submittal of the as -built certification, the permittee shall submit "Request for Transfer of Environmental Resource Permit to the Perpetual Operation and Maintenance Entity" [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. 8. The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. 9. This permit does not: a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.; b. Convey to the permittee or create in the permittee any interest in real property; c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. 10. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. 11. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. 12. The permittee shall notify the Agency in writing: a. Immediately if any previously submitted information is discovered to be inaccurate; and b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. 13. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. 14. If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, stone tools, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the vicinity of the discovery. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance Review Section (DHR), at (850)245-6333, as well as the appropriate permitting agency office. Project activities shall not resume without verbal or written authorization from Permit No: 11-100865-P, Page 10 of 19 the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and the proper authorities notified in accordance with section 872.05, F.S. For project activities subject to prior consultation with the DHR and as an alternative to the above requirements, the permittee may follow procedures for unanticipated discoveries as set forth within a cultural resources assessment survey determined complete and sufficient by DHR and included as a specific permit condition herein. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise. 16. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards. 17. This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource -related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. 18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with Rule 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property. 101 W Permit No: 11-100865-P, Page 11 of 19 General Conditions for Authorizations for Use of Sovereign Submerged Lands, Rule 18-21.004(7), F.A.C. All authorizations granted by rule or in writing under Rule 18-21.005, F.A.C., except those for aquaculture activities and geophysical testing, shall be subject to the general conditions as set forth in paragraphs (a) through (i) below. The general conditions shall be part of all authorizations under this chapter, shall be binding upon the grantee, and shall be enforceable under Chapter 253 or Chapter 258, Part II, F.S. (a) Authorizations are valid only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use shall constitute a violation. Violation of the authorization shall result in suspension or revocation of the grantee's use of the sovereignty submerged land unless cured to the satisfaction of the Board. (b) Authorizations convey no title to sovereignty submerged land or water column, nor do they constitute recognition or acknowledgment of any other person's title to such land or water. (c) Authorizations may be modified, suspended or revoked in accordance with their terms or the remedies provided in Sections 253.04 and 258.46, F.S., or Chapter 18-14, F.A.C. (d) Structures or activities shall be constructed and used to avoid or minimize adverse impacts to sovereignty submerged lands and resources. (e) Construction, use, or operation of the structure or activity shall not adversely affect any species which is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.C. (f) Structures or activities shall not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity shall be modified in accordance with the court's decision. (g) Structures or activities shall not create a navigational hazard. (h) Structures shall be maintained in a functional condition and shall be repaired or removed if they become dilapidated to such an extent that they are no longer functional. This shall not be construed to prohibit the repair or replacement subject to the provisions of Rule 18-21.005, F.A.C., within one year, of a structure damaged in a discrete event such as a storm, flood, accident, or fire. (i) Structures or activities shall be constructed, operated, and maintained solely for water dependent purposes, or for non -water dependent activities authorized under paragraph 18-21.004(1)(g), F.A.C., or any other applicable law. Permit No: 11-100865-P, Page 12 of 19 Special Conditions for Individual Environmental Resource Permits, 62-330.350, F.A.C. 1. The construction authorization for this permit shall expire on the date shown on page 2. 2. Operation and maintenance of the stormwater management system and the proposed recreational facilities shall be the responsibility of Audubon County Club Foundation, Inc. The permittee shall notify the Agency in writing within 30 days of any conveyance or division of ownership or control of the property or the system, and the new owner must request transfer of the permit in accordance with Rule 62-330.340, F.A.C. 3. Discharge facilities: previously permitted in Application No. 02118-C. 4. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 5. Prior to any future construction, the permittee shall apply for and receive an Individual ERP. As part of the permit application, the applicant for that phase shall provide documentation verifying that the proposed construction is consistent with the design of the master stormwater management system, including the land use and site grading assumptions. 6. Prior to initiating construction activities associated with this Environmental Resource Permit (ERP), the permittee is required to hold a pre -construction meeting with field representatives, consultants, contractors, District Environmental Resource Compliance (ERC) staff, and any other local government entities as necessary. The purpose of the pre -construction meeting is to discuss construction methods, sequencing, best management practices, identify work areas, staking and roping of preserves where applicable, and to facilitate coordination and assistance amongst relevant parties. To schedule a pre -construction meeting, please contact ERC staff from the Fort Myers Service Center at (239) 338-2929 or via e-mail at: pre- con@sfwmd.gov. When sending a request for a pre -construction meeting, please include the application number, permit number, and contact name and phone number. 7. Endangered species, threatened species and/or species of special concern have been observed onsite and/or the project contains suitable habitat for these species. It shall be the permittee's responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission and/or the U.S. Fish and Wildlife Service for appropriate guidance, recommendations and/or necessary permits to avoid impacts to listed species. 8. Water quality monitoring for turbidity around the work site shall be taken a minimum of twice daily while in or over water work is being conducted. Monitoring locations shall be consistent with Exhibit No. 3.2. If turbidity levels exceed natural background level (OFW standards), construction shall cease until water quality standards are achieved. Turbidity shall be monitored in accordance with the following schedule: Type: turbidity (note) Frequency: twice daily, at least four hours apart during any working day. 9. The permittee shall utilize the criteria contained in the Stormwater Pollution Prevention Plan (Exhibit No. 2.1) and on the applicable approved construction drawings for the duration of the Permit No: 11-100865-P, Page 13 of 19 project's construction activities. 10. The Urban Stormwater Management Plan shall be implemented in accordance with Exhibit No. 2.2. 11. The permittee shall comply with the following when performing work within waters accessible to federally- or state -listed aquatic species, such as manatees, marine turtles, smalltooth sawfish, and Gulf sturgeon: a. All vessels associated with the project shall operate at "Idle Speed/No Wake" at all times while in the work area and where the draft of the vessels provides less than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. b. All deployed siltation or turbidity barriers shall be properly secured, monitored, and maintained to prevent entanglement or entrapment of listed species. c. All in -water activities, including vessel operation, must be shutdown if a listed species comes within 50 feet of the work area. Activities shall not resume until the animal(s) has moved beyond a 50 -foot radius of the in -water work, or until 30 minutes elapses since the last sighting within 50 feet. Animals must not be herded away or harassed into leaving. All on-site project personnel are responsible for observing water -related activities for the presence of listed species. d. Any listed species that is killed or injured by work associated with activities performed shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922 and ImperiledSpecies@myFWC.com. e. Whenever there is a spill or frac-out of drilling fluid into waters accessible to the above species during a directional drilling operation, the FWC shall be notified at impediedspecies@myfwc.com with details of the event within 24 hours following detection of the spill or frac-out. 12. A turbidity control plan shall be implemented in accordance with Exhibit No. 3.2. Prior to the commencement of construction in the Gulf of Mexico, floating turbidity curtains with weighted skirts that extend to the bottom of the sea floor shall be property installed to isolate adjacent waters from the work area. The floating turbidity curtains shall be maintained and shall remain in place until all construction is complete and turbidity levels in the project area are within 0 NTUs of background levels (OFW standards). The permittee shall be responsible for ensuring that turbidity control devices are inspected daily and maintained in good working order so that there are no violations of state water quality standards outside of the turbidity screens. Permit No: 11-100865-P, Page 14 of 19 Project Work Schedule for Permit No. 11-100865-P The following activities are requirements of this Permit and shall be completed in accordance with the Project Work Schedule below. Please refer to both General and Special Conditions for more information. Any deviation from these time frames will require prior approval from the District's Environmental Resources Bureau and may require a minor modification to this permit. Such requests must be made in writing and shall include: (1) reason for the change, (2) proposed start/finish and/or completion dates, and (3) progress report on the status of the project. Condition No. Date Added Description Due Date Date Satisfied GC 4 01/18/2019 Construction Commencement Notice 01/18/2019 GC 6 01/18/2019 Submit Certification 30 Days After Construction Completion GC 7 01/18/2019 Submit Operation Enility Documentation Within 30 days of Certification Sc 6 01/18/2019 Pre -Construction Meeting Prior to Construction SC 8 01/18/2019 Turbidity Monitoring Twice Daily During Construction GC = General Condition SC = Special Condition Permit No: 11-100865-P, Page 115 of 19 EO M-1 Distribution List Mark W Minor, Q Grady Minor & Associates, PA Audubon of Florida - Charles Lee Div of Recreation and Park - District 4 US Army Corps of Engineers - Permit Section Permit No: 11-100865-P, Page 16 of 19 Exhibits The following exhibits to this permit are incorporated by reference. The exhibits can be viewed by clicking on the links below or by visiting the District's ePermitting website at h m .sfw d. ov and searching under this application number 180601-611. Exhibit 1.0 - Location Ma Exhibit 2.0 - Plans Exhibit 2.1 - 5tormwater Pollution Prevention Plan Exhibit 2..2 - Urban Stormwater Management Pr ram Exhibit 3.0 - FLUCFCS Mag Exhibit 3.1 -_Im}�act_Mag, Exhibit 3.2 - Turbidity Monitoring, Plan Exhibi - SSL FDEP Determination Permit No: 11-100865-P, Page 17 of 19 .7 NOTICE OF RIGHTS As required by Sections 120.569 and 120.60(3), Fla. Stat., the following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all of the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. RIGHT TO REQUEST ADMINISTRATIVE HEARING A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a SFWMD decision which affects or may affect their substantial interests shall file a petition for hearing with the Office of the District Clerk of the SFWMD, in accordance with the filing instructions set forth herein, within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: (1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat.; or (2) within 14 days of service of an Administrative Order pursuant to Section 373.119(1), Fla. Stat. "Receipt of written notice of agency decision" means receipt of written notice through mail, electronic mail, or posting that the SFWMD has or intends to take final agency action, or publication of notice that the SFWMD has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. If the District takes final agency action which materially differs from the noticed intended agency decision, persons who may be substantially affected shall, unless otherwise provided by law, have an additional Rule 28-106.111, Fla. Admin. Code, point of entry. Any person to whom an emergency order is directed pursuant to Section 373.119(2), Fla. Stat., shall comply therewith immediately, but on petition to the board shall be afforded a hearing as soon as possible. A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension. A timely request for an extension of time shall toll the running of the time period for filing a petition until the request is acted upon. FILING INSTRUCTIONS A petition for administrative hearing must be filed with the Office of the District Clerk of the SFWMD. Filings with the Office of the District Clerk may be made by mail, hand -delivery, or e- mail. Filings by facsimile will not be accepted. A petition for administrative hearing or other document is deemed filed upon receipt during normal business hours by the Office of the District Clerk at SFWMD headquarters in West Palm Beach, Florida. The District's normal business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Any document received by the Office of the District Clerk after 5:00 p.m. shall be deemed filed as of 8:00 a.m. on the next regular business day. Rev. 11/08/16 Permit No: 11-100865-P, Page 18 of 19 Additional filing instructions are as follows: . Filings by mail must be addressed to the Office of the District Clerk, 3301 Gun Club Road, West Palm Beach, Florida 33406. . Filings by hand -delivery must be delivered to the Office of the District Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. It will be necessary to request that the SFWMD's security officer contact the Office of the District Clerk. An employee of the SFWMD's Clerk's office will receive and file the petition. . Filings by e-mail must be transmitted to the Office of the District Clerk at derk0-sfwmd.gov. The filing date for a document transmitted by electronic mail shall be the date the Office of the District Clerk receives the complete document. A party who files a document by e-mail shall (1) represent that the original physically signed document will be retained by that party for the duration of the proceeding and of any subsequent appeal or subsequent proceeding in that cause and that the party shall produce It upon the request of other parties; and (2) be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed. INITIATION OF ADMINISTRATIVE HEARING Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Fla. Stat., and Rules 28-106.201 and 28-106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 8 1/2 by 11 inch white paper. All petitions shall contain: 1. Identification of the action being contested, including the permit number, application number, SFWMD file number or any other SFWMD identification number, if known. 2. The name, address, any email address, any facsimile number, and telephone number of the petitioner and petitioner's representative, if any. 3. An explanation of how the petitioner's substantial interests will be affected by the agency determination. 4. A statement of when and how the petitioner received notice of the SFWMD's decision. 5. A statement of all disputed issues of material fact. If there are none, the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action. 8. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD's proposed action. MEDIATION The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28-106.111 and 28-106.401—.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Section 120.68, Fla. Stat., and in accordance with Florida Rule of Appellate Procedure 9.110, a party who is adversely affected by final SFWMD action may seek Judicial review of the SFWMD's final decision by filing a notice of appeal with the Office of the District Clerk of the SFWMD in accordance with the filing instructions setforth herein within 30 days of rendition of the order to be reviewed, and by filing a copy of the notice with the clerk of the appropriate district court of appeal. Rev. 11/08/16 2 Permit No: 11-100865-P, Page 19 of 19 J • ATTACHMENT B ORDINANCE 91---M AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 85D5N, 8505S, 8507N, 8508H AND 8509N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS AUDUBON COUNTRY CLUB PUD, FOR PROPERTY LOCATED ON THE WEST SIDE OF U.S. 41, EXTENDING WESTWARD ACROSS VANDERBILT BEACH DRIVE TO LITTLE HICKORY BAY, IN SECTIONS 5, 7, B, AND 9, TOWNSHIP 48 COUNTY,,' SOUTH, RANGE 25 EAST, COLLIER FLORIDA, CONSISTING OF 754.75 ACRES; BY�- REPEALING ORDINANCE NO. 87-77 WHICH ORIGINALLY ESTABLISHED THE AUDUBON ; COUNTRY CLUB PUD; AND BY PROVIDING AN EFFECTIVE DATE. fJ ;� WH$REAS, Robert H. Flinn of Audubon Joint Venture, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED.BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Sections 5, 7, 8, and 9, Tomiship 48 South, Range 25 East, Collier County, Plorida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD document, attached hereto as Exhibit "All which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Maps Numbered 8505N, 85059, 8507N, 8508N and 8509N, as described in Ordinance Number 82-2, is hereby amended accordingly. SECTION Twa, Ordinance Number 87-77, known as the Audubon Country Club PUD, adopted on October 6, 1987 by the Board of County Commissioners of Collier County is hereby repealed in its 10 entirety. ® (��A F��47(] a56789iO.7., A ]9Q1 -1- �� wGeri • • 0 -rTON THREE* This Ordinance shall become effective upon receipt of tics from the Secretary of State that this Ordinance has an filod with the Secretary of State. PASSED AND DULY ADOPTED by the Hoard of County mmissioners of Collier County, Florida, this day Of ".-z, 1991. i'1 +fir HOARD OF COUNTY COMMISSIONERS .S C..'G�Lis, Clerk COLLIER COUNTY, FLORIDA JIZZ SYS PATRICIA ANNE GOODNIGHT, CHAIRMAN rova¢as'�t* form and %"" si-xiticiency �,,,, . 711. dent r•td. student istant County Attorney -87-12(1) ORDINANCE 3448 This ar4warne Died whh IM dry ry of - !e' �� and otkncw'r.�! ^nT c� M+of of o�w ors W 044,v! 203 -2- 2 4 m m m INDEX PAGE LISTOF EXHIBITS...............................................ii STATEMENT O8 BACXGROUND PURPOSE...............................ill STATEMENT OF COMPLIANCE & SHORT TITLE .......................... iv SECTION Ir PROPERTY OWNERSHIP i GENERAL DESCRIPTION ........ 1-1 SECTION II: PROJECT DEVELOPMENT ...... ......................2-1 SECTION IIIt SINGLE—FAMILY RESIDENTIAL (R-1) .................3-1 SECTIONIVs VILLAS(R-2)................. ................... 4-1 SECTION V. MULTI—FAMILY RESIDENTIAL (R-3) .................. 5-1 SECTION VI: COMMERCIAL RETAIL CENTER (CR)...................6-1 SECTION VII: GOLF COURSE 6 COUNTRY CLUB (GC).................7-1 SECTION VIIIt OPEN SPACE/CONSERVATION (OS/C)..................8-1 SECTION IX: GENERAL DEVELOPMENT COMNITMENTS.................9-1 im G*rt�!206 i • • 0 LIST OF EXHIBITS EXHIBIT A MASTER DEVELOPMENT PLAN EXHIBIT B Legal Description EXHIBIT C Typical Street Right of Way and Road Crone Section U 044rhst?U7 It M M M STATEMENT OF BACKGROUND PURPOSE The Property was zoned PUD under Ordinance 81-11 and a substantial portion of the development has been completed pursuant to such ordinance. The infrastructure for the portion of the property lying between U.S. 41 and Vanderbilt Drive has been substantially completed , and such property has been subdivided under the plats for (i) Audubon Country Clgb, Unit One, Plat Book 15, Page 30 of the Public Records of Collier County, Florida and (ii) Replat of Audubon Country Club Unit One as recorded in Plat Book 15, Pages 30-35 which replat is itself recorded in Plat Book 17, Page 67, -of the Public Records of Collier County, Florida. The golf course and part of the water management systema have been completed on the part of the Property west- of Vanderbilt Drive. The primary purpose of this Amended and Restated PUD is to (i) recogniza that a portion of the property which was subject to Ordinance 67-77 (located in the northwest corner of the property subject thereto) has been excluded from it and (ii) make certain amendments in the development standards and stipulations to permit needed flexibility to accommodate completion of the development. Although substantial pertions of the development have been completed and although the developer has fulfilled many of its development commitments in Ordinance 87-77, nevertheless, this document continues to not forth the applicable development requirements from ordinance 87-77 to preserve a record of those requirements. it should, however, be understood that although phrased herein as requirements to be completed in the future many such requirements have now been completed. Ili STATEMENT OF COMPLIANCE The development of approximately 754. 75 acres of property in Sections 5, 7, 8, and 9, Township 48 South,. Range 25 East, Collier County, Florida, as a Planned Unit Development to be known as Audubon Country Club, will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The residential and commercial development and associated recreational facilities (multi -use) of Audubon Country Club will be consistent with the growth policies, land development regulations and applicable Comprehensive Plan documents for the following reasoner 1) The subject property is consistent with the Growth Management Plan. 2) The project development is compatible with and complementary to the surrounding land uses. 3) Improvements are planned to be in substantial compliance with applicable regulations. 4) The Master Development Plan insures a generous amount of • common open space and flexibility in design which will insure a quality living environment for the residents. 5) The project development will result in an efficient and economical extension of community facilities and services. 5) The project development is planned to incorporate natural systems and existing• man-made systems for water management in accordance with their natural functions and capabilities. 7) Arterial roadways are in existence adjacent to the property and the number of egress and ingress points are controlled. 8) The development areas will be separated from the environmentally sensitive areas (including the xeric scrub areas) and the environmentally sensitive -acres are being protected and/or preserved. 9) The project is surrounded by developed areas or approved development projects and therefore does not exemplify leap frog growth. 10) The project as previously zoned under Ordinance 87-77 has been substantially developed and has been found to be "improved property" within the Zoning Re -Evaluation Ordinance 90-23 as required by policy 5.1 of FLUE (Future Land Use Element) of the Growth Management Plan. SHORT TITLE This ordinance shall be known and cited as 'Audubon Country Club PUD Ordinance.* ® 944 FAQ.! 20 f SECTION I PROPERTY OWNERSHIP a GENERAL DESCRrPTION 1.01 INTRODUCTION AND PURPOSE ^� It is the intent of the Owner (hereinafter called 'Developer") to establLsh and develop a Planned Unit Development `(P UD) on approximately 754.75 acmes of property located in Collier County, Florida. it is generally bordered on the west by Little Hickory Bay and on the east by U.S. Highway 41. The northern boundary of the property is Bonita Shores Subdivision and .Lee County. The southern edge of the property is bounders by Bay Forest and The Retreat Developments. It is the purpose of this document to provide the required standards and to set forth guidelines for the future development of the property. 1.02 NAME - The PUD development shall be known as Audubon ountry Club. 1.03 LEGAL DESCRIPTION Sea Attached Exhibit -B- IT" -1.04 TITLE TO PROPERTY Except for platted lots or tracts heretofore conveyed, the subject properties are currently under ownership and the unified control of Audubon Joint venture, a Florida partnerahip composed of Audubon of Naples Corporation, a Florida corporation, and F and S Associates, a New York limited partnership. 1.05 CURRENT ZONING The property is currently zoned PUD (Audubon Country Club), Ordinance 87-77. r` ® ftlr4t 210 SECTION II PROJECT DEVELOPMENT 0 2-1 2.01 PURPOSE The purpose of this Section is to generally describe the plan of development and delineate the general conditions that will apply to the project. 2.02 GENERAL PLAN OF DEVELOPMENT Audubon Country Club is a planned community, which includes a mixture of residential and commercial uses, golf course, open space/parks and conservation areas. 2.03 COMPLIANCE WITH APPLICABLE ORDINANCES The project is planned to be in compliance with the applicable Collier County zoning and subdivision regulations as well as other Collier County development codes in effect at the time permits or plats are requested, except as provided herein. 2.04 LAND USE .4 •; r - ; 2.04.01 The MASTER DEVELOPMENT PLAN (Exhibit A) shows the proposed land uses of development for each parcel. Some variations in acreages shall be permitted at final design to accommodate vegetation, encroachments, utilities, topography, protected animal species, site and market conditions. In addition, variations of up -to five percent (5i) of the developable area shall be permitted to accommodate changes required by environmental permitting agencies or county staff at site plan approval. 2.05 SITE DEVELOPMENT PUN APPROVAL when site development plan approval is required by this document, applicant shall comply with Section 10.5 of the Zoning Ordinance or successor regulations dealing with site development plan approval. E C 44 Fv;� 211 2.06 DEVELOPMENT OF PARCELS A) Site Development Plan approval, when required, shall follow the procedure as outlined in Section 10.5 of -the zoning ordinance. 0 2-1 LAND USE SCHEDULE COMMERCIAL CR Retail 12.4 124,000 sq. ft. of floor area All to accommodatecBsite conditions are to environmeand ntal vary significantly and existing native vegetation. *There will be a total of 408 dwelling units alloyed botween the R-1 and R-2 use types or districts. There is no specific number of units allocated to either such use. ® 044 PAGE 212 N-6 \t • ti � f I w"4 .. >APPROXIVATE MAXIMUM N0. OF LAND USE TYPE ACREAGE DWELLING UNITS RESIDENTIAL R-1 (Single -Family) 108.7 408* R-2 (villas) 43.5 27.9 300 R-3 (Multi -Family) COMMERCIAL CR Retail 12.4 124,000 sq. ft. of floor area All to accommodatecBsite conditions are to environmeand ntal vary significantly and existing native vegetation. *There will be a total of 408 dwelling units alloyed botween the R-1 and R-2 use types or districts. There is no specific number of units allocated to either such use. ® 044 PAGE 212 N-6 \t • ti � f I w"4 .. • ,,• 2.07 PROJECT DENSITY F.t The total acreage of Audubon Country Club's property is ; approximately 754.75 acres. The maximum number of dwelling w: units to be built on the total .acreage is 708. The 1� development of 708 dwelling units would result in a gross density of loss than one unit per acre (.94 dwelling units per acre). The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land. 2.08 PERMITTED VARIATIONS OF DWELLING UNITS Flexibility is to be allowed ds"to the number of units on any parcel within a district, provided that any specified maximum number of residential units for that district is not exceeded and the development standards contained in this PUD are not exceeded. Further, the Development Services Director may allow up to a fifteen percent (15%) variance in any residential district, so long as the total does not exceed 708. 2.09 EASEMENTS FOR UTILITIES Easements shall be provided for water management areas, utilities, and other purposes as may be needed. Said easements and improvements shall be done in substantial • compliance with the Collier County Subdivision Regulations. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time approvals are requested. 7..10 PERMITTED USES, GENERAL Developer's landscaping nursery, essential services, model homes, sales centers, signs, temporary development/ construction offices and other similar and compatible uses ' as may be approved by the Development Services Director, along with their accessory uses, shall be considered as permitted principal uses on all tracts and land use classifications within the project. r� 2.11 SIGNS C44 parr ,213 2.11.01 GENERAL (a) All County sign regulations shall apply unless such regulations are in conflict with the conditions set forth in this section. 2-3 (i) project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor may the overall area of the sign face exceed one hundred (100) square feet. (ii) Project signs may be lighted, provided all lights are shielded in a manner which prevents direct glare into the vision of drivers using the adjacent streets or into adjacent residences. M 944 FAG[ 214 2-4 jtr " (b) For the purpose of this PUD Documentl any portion thereof Ordinance, each tract or approved by the Development Services Director as a•,separate project shall be considered as shall be a separate parcel of land and entitled to any sign as permitted herein. (c) All signs shall be located so as not to cause sight distance problems. 2.11.02 ENTRANCE SIGNS (a) Two (2) entrance signs shall be permitted at each entrance shown on the master Development Plan. (b) Entrance signs shall not exceed a height of (12) feet above the finished ground F; twelve level of the sign site nor may the aggregate area of the signs face exceed one hundred (100) square feet at each major entrance. (c) Entrance signs may be lighted, provided all which lights are shielded in a manner prevents direct glare into the vision of drivers using the adjacent streets or into adjacent residences. 2.11.03 PROJECT SIGNS • (a) Four project signs, designed to promote Audubon Country Club, or any major use within the project shall be permitted, two on the west side of U.S. Highway 41, and one each on the east and west sides of Vanderbilt Beach Drive subject to the following conditions: (i) project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor may the overall area of the sign face exceed one hundred (100) square feet. (ii) Project signs may be lighted, provided all lights are shielded in a manner which prevents direct glare into the vision of drivers using the adjacent streets or into adjacent residences. M 944 FAG[ 214 2-4 Jrli 2.11.04 Buffers and External Fences (a) The east -west cul-de-sac road which borders and parallels the Bonita Shores Subdivision on the northern boundary of the project, west of Vanderbilt Beach Drive, shall be set back a minimum of 45 feet from the property line as a buffer area, which shall be subject to the requirements of 8.37 b., c. and d. of the Zoning Ordinance. This buffer area may have the existing vegetation enhanced in order to visually screen the project and the area, and may also be utilized for sub -surface utilities, provided agreement for such use is reached between the Developer and County and an easement granted. A 6 foot green chain link fence may be constructed within the buffer area adjacent to the Bonita Shores Subdivision within and along the northern edge of the area cleared for installation of a county -owned water line. The fence shall be located and constructed so as to not require further cutting, clearing or removal of existing vegetation. (b) The cul-de-sac road right-of-way which parallels and borders the southern boundary • of the project between U.S. 41 and Vanderbilt Beach Drive shall be set back a minimum of 25 feet from the property boundary. The 25 foot set back area shall be maintained as a buffer. (c) Unless otherwise specified herein, buffers may consist of natural vegetation, natural vegetation enhanced by landscaping, berms, walls, fences, or any combination of the above. (d) A wall or fence up to 8 feet in height may be constructed along the adjacent property line of Tract Y and those platted properties to the south but not in Tract Y, but generally adjacent to the east west cul-de-sac road. ® U44 215 rft"�. L. �1 ��f: 2-5 J-' I .t SECTIOU III t. SINGLE-FAMILY RESIDENTIAL (R--1) 3.01 PURPOSE �•,;�x� The purpose of this Section is to set forth the regulations �°• for the areas and district designated as Single -Family Residential (R-1) 3.02 MIMUM DWELLING UNITS AX t' .; A total of 408 dwelling units less the number of units constructed in the Villa [R-2] tract according to section IV R may be constructed in the R-1 district except as provided in Section 2.08. 3,03 PERMITTED USES AND STRUCTURES No building or structure, orpart thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A) permitted Principal Vses and Structures 1) Single Family detached type dwelling structures. 2) public and private parks, playgrounds, playfields and commonly owned open space. g) permitted principal Uses and structures RE uixin rn G"rrtinn 2.05 1) single Family attached and detached type dwelling structures (villas, townhouses, patio homes, zero lot -line units, and other similar single family attached ❑r semi --attached dwellings), pursuant to development regulations in Section IV. 2) Recreational structures, community buildings, utility structures. 3j* Development, management, construction and sales offices. C) Permitted ACCe5avrY uses and Structures 1) Customary accessory uses and structures, including but not limited to private garages and private swimming goals, and essential services and related structures. 044 FWA 216 3-1 3.04.05 MINIMUM FLOOR AREA: 1,500 sq. ft. 3.05 PROPERTY DEVELOPMENT REGULATIONS FOR PERMITTED USES REQUIRING PLAN APPROVAL (Section 3.0381 3.05.01 GENERAL: All yards, setbacks, etc. shall be appl ed in relation to development parcel boundaries or lot boundaries as indicated. 3.05.02 MINIMUM DEVELOPMENT PARCEL AREA & DIMENSIONS As determined during subdivision master plan review if applicable. ® 044 Past 217 3-2 Ar • 1 M. 2 Model homes shall be permitted in conjunction with the promotion of the development as provided in ,v F= the Zoning Ordinance. 3.04 PROPERTY DEVELOPMENT REGULATIONS FOR.PERMITTED USES 3.04.01 GENERAL: All yards, set -backs, etc., shall be applied in relation to the individual lot boundaries. 3.04.02 MINIMUM LOT AREA AND DIMENSIONS= Area: 10000 Squire Feet Frontage: 95 Feet Interior Lots 105 Feet Corner Lots 80 Feet Cul-de-sac and odd shaped lots (measured at the front yard setback line). 3.04.03 MINIMUM SETBACKS FROM SUBDIVIDED LOT BOUNDARIES: Front: 25 Feet Side: 7.5 Feet One Story 10 Feet Two Story Rear: 25 Feet To Principal Structure • 10 Feet to Screen Enclosures 3.04.04 MAXIMUM BUILDING HEIGHT: Principal Structures: 2 Living stories plus roof structure over parking Accessory Structuress 20 Feet 3.04.05 MINIMUM FLOOR AREA: 1,500 sq. ft. 3.05 PROPERTY DEVELOPMENT REGULATIONS FOR PERMITTED USES REQUIRING PLAN APPROVAL (Section 3.0381 3.05.01 GENERAL: All yards, setbacks, etc. shall be appl ed in relation to development parcel boundaries or lot boundaries as indicated. 3.05.02 MINIMUM DEVELOPMENT PARCEL AREA & DIMENSIONS As determined during subdivision master plan review if applicable. ® 044 Past 217 3-2 3,05,03 MINIMUM LOT AREA AND DIMENSIONS Area: 1,500 Square Feet Minimum Parcel Dimension along any primary side: 50 Feet 3,05.04 MINIMUM SETBACKS "development Tract• means one of the Tracts on which Residential Development i$ permitted in accord with the Master Plan in Exhibit A. "Lot` means a portion of a Development Tract which haz been subdivided as •such under a recorded subdivision plat. To Principal Uses from 25 feet adjoining rights of way: To Principal Uses from Lot or Development Tract Boundaries: 10 feet To principal Uses from Aper: Space 10 feet or Recreational Areas: To Accessary Uses, typical from Lot or Development Tract Boundaries: 5 feet To Fencing, Screening and Privacy Wall not exceeding 6 feet in height from Lot or Development Tract Boundaries: None From Preserve Tracts outside of the Lot or Development Tract Boundaries: 20 feet To Principal Uaes: To Screen Enclosures: 10 feet 3.05.05 y_"IMUM BUILDING HEIGHT: Principal Structures: 2 Living Stories Plus Roof structure Over Parking Accessory Structure: 20 Feet 3.05.06 MINIMUM FLOOR AREA: 1,500 square Feet 3.05.07 The foregoing standards with the exception of setbacks to preserve areas and standards pertaining to height and minimum floor area may be waived for permitted uses set forth in section 3.03, permitted Uses and structures, by the Development Services Director in any Development Tract where a site development plan is approved for an entire Development Tract which shows the C44 FA.�r ��O 3-3 • • J • 6*1.1 may. r osition and relationships of all proposed structures. 3.06 OFF-STREET PARKING r Those principal use structures which are identified in Section 3.03A shall contain a minimum of two (2) parking spaces per dwelling unit. The Development Services Director may permit a lesser number of parking spaces to be paved when circumstances indicate infrequent use. However, those unpaved spaces shall be grassed and reserved for Future paving. -4 ,. SECTION IV VILLAS (R-2) 4.01 PMRP0S9 The hepurpose areas£ this Section is to set and district designated as Villas. forth the regulations for the Villas 4.02 MAXIMUM DWELLING UNITS A total of 400 dwelling units less the number of is constructed in single family [R-1] tracts according t section III may be constructed'in•the R-2 district except as permitted by Section 2.08- 4.03 PERMITTED USES AND STRUCTURES A) Permitted Principal Uses and Structures 1) Single Family attached and detached type dwelling units (villas, townhouses, patio homes, zero lot -line units) and other similar single family attached or semi -attached dwellings. 2) All ermitted allowed by Section r3n03Aaof this document l uses and tructures • B) Permitted Principal Uses and Structures RequiriMt2.05 c .. _ .. • _ _�....... 7 bnnnrn s nn r_n 9prtion Any permitted structure exceeding the maximum building height allowed by Section 4.04.04 of this document, but not exceeding three (3) habitable/ living stories above parking. C) Permitted Accessory Uses and Structures 1) All permitted accessory uses and structures allowed by Section 3.03C of this document. 2) private boat docks with or without boat hoists on water front lots not protruding more than five feet into the water. 4.04 PROPERTY DEVELOPMENT REGULATIONS 4.04.01 GENERAL All yards, set -backs, etc., shall be applied in relation to the individual Tract boundaries. 9 044 PA':220 4-1 0 • 4.04.02 MINIMUM PARCEL AREA AND DIMENSIONS An determined during subdivision master plan review if applicable. MINIMUM LOT SIZE AREA AND DIMENSIONS Area: 1,500 square feet Minimum Tract Dimension along any primary sides 50 feet 4.04.03 MINIMUM SETBACKS TO TRACT BOUNDARIES: "Development Tract" means one of the Tracts on which Residential Development is permitted in accord with the Master Plan in Exhibit A. "Lot' means a portion of a Development Tract which has been subdivided as such under a recorded subdivision plat. To Principal Uses along any,Road Right-of-way: 25 feet To Detached Principal Uses from adjacent Lots, Side Yards in Lots or Development Tracts: 5 feet To Attached principal Uses from adjacent Side Yards in Lotse 0 feet To Attached Principal Uses from adjacent Development Tract Side Yards: 5 feet To Principal Uses from Open Space or Recreational Areas: 10 feet To Accessory Uses, from Development Tract or Lot Boundaries Typicale 5 feet To Fencing, screening and Privacy Wall not exceeding 6' high from Development Tracts or Lot Boundaries: None From Preserve Tracts outside of the lot or Development Tract to Principal Use: 20 feet ® Q44 FAGS 221 4-2 4.04.04 MAXIMUM BUILDING HEIGHT: PRINCIPAL STRUCTURES (2) habitable/living stories above parking unless other- wise. approved under Section 4.03B. ACCESSORY STRUCTUR£t 25 feet 4.04.05 MINIMUM FLOOR AREA: 750 square feet per unit 4.05 The foregoing standards with the exception of setbacks to preserve areas and standards pertaining to height and minimum floor area may be waived for permitted uses set forth in section 4.03, Permitted Uses and Structures, by the Development Services Director in any Development Tract where a site development plan is approved for an . entire Development Tract which shows the position and relationships of all proposed structures. 4.06 SEPARATION BETWEEN R-1 AND R-2 USES Where both R-1 and R-2 uses are proposed to be developed within any single Development Tract as shown on the Master Plan in Exhibit A such uses shall be separated by a buffer, right of way, water management area, conservation/open space area, golf course, other recreation facility or some other appropriate method of separation approved by the Development Services Director. 4.07 OFF-STREET PARKING Those principal use structures which are identified in Section 4.03A shall contain a minimum of two (2) parking spaces per dwelling unit. The Development Services Director may permit a lesser number of parking spaces to be paved when circumstances indicate infrequent use. however, those unpaved spaces shall be grassed and reserved for future paving. ® 944 ?zt 222 0 (S SECTION V MULTI -FAMILY RESIDENTIAL (R-3) 5.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas and district designated as Multi -Family { Residential (A-3) on the Master Development Plan. 5.02 MAXIMUM DWELLING UNITS A maximum number of 300 dwelling units may be constructed in the R-3 Multi -Family Residential parcels, except as permitted by Section 2.08. 5.03 PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered, or used, or land or water used, in whole or In part, for other than the following: A) Permitted Principal Uses and Structures 1) Multi -family dwellings, which is defined as any single structure containing two (2) or more • separate dwelling units. 2) All permitted principal uses and structures allowed by Section 4.03 of this document. 3) All permitted principal uses and structures allowed by Section 3.03A of this document. B) Permitted Principal Uses and Structures Requiring Specific Site Plan -Approval According to Section 2.05 1) Any permitted structure exceeding the maximum building height allowed by Section 5.04.04 of this document but not exceeding 20 habitable/living stories above parking. 2) All permitted principal uses and structures allowed by Section 3.03 of this document. 3) Churches and other places of worship including convents and monasteries. 4) Rest Homes, homes for the aged, life care and limited care facilities, and like, subject to the property development regulations of 5.05. = 044 PAf,E 223 5-1 . C) Permitted Accessory Uses and Structures All permitted accessory uses and structures allowed by Section 3.03C of this document. 5.04 PROPERTY DEVELOPMENT REGULATIONS 5.04.01 GENERAL, All yards, set -backs, etc., shall be applied in relation to the individual parcel boundaries. 5.05 5.04.02 A) MINIMUM PARCEL. AREA AND DIMENSIONS Area: 1 acre Frontage: 150 feet B) MINIMUM LOT SIZE: None 5.04.03 MINIMUM SETBACKS TO PARCEL BOUNDARIES One-half of principal building height with a minimum or, Front: 30 feet • Side: 15 feet Rear: 30 feet 5.04.04 MAXIMUM BUILDING HEIGHT Six (6) habitable/living stories above parking unless otherwise approved under Section 5.03(8) MINItIUM FLOOR AREA: 150 square feet per unit and 4) ONLY, 5.05.01 MINIMUM AREA AND DIMENSIONS Area: 2 acres Frontage: 150 feet 5.05.02 SET BACKS TO PARCEL BOUNDARIES One half of principal building lieight with the same minimums as 5.04.03. 5.05.03 HEIGHT: As specified by Section 5.04.04. 0 944 fk'.� 2204 5-2 • ri u 0 5.05 OFF-STREET PARKING Those principal use structures which are identified in Section 5.03A shall contain a minimum of two (2) parking spaces per dwelling unit. The development Services Director may permit a lesser number of parking spares to be paved when circumstances indicate infrequent. use. However, those unpaved spaces shall be grassed and reserved for future paving. IM 044f otM r "r SECTION VI commERCIAL RETAIL CENTER (CR) 6.01 PURE ` ' ThePurpose of this Section is to set forth the regulations 'A', Master Development for the area designated on Exhibit the Commercial Retail Center (CR). Plan, as 6.02 PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, land or -water used, in whole or in �- altered, part, for or used, or other than the following: A) Permitted Uses: 1. Antique shops 2. Appliance stores 3. Art studios 4. Art supply shops 5. Automobile parts stores 6. Automobile service stations 7. 8. Bakery shops Banks and financial institutions 9. Barber and Beauty shops 10. bath supply stores 11. Bicycle sales and services 12. 13. Book stores Carpet sales - not including storage or 14. installation Child care center subject to site plan approval 15. Clothing stores 16. Cocktail lounges 17. Commercial recreation uses 18. commercial schools 19. Confectionery and candy stores 20. Delicatessens 21. Department stores 22. Drapery shops 23. Drug stores 24. Dry cleaning shops 25. Dry goods stores 26. Florist shops 27. 28. Furniture stores Garden supply stores - outside display in rear 29. 30. Gift shops Glass and mirror sales - not including Installation J' 31. Gourmet shop �. 32. 33. Hardware stores Health food stores and health facilities O&AGi 226 • • 0 34. hobby supply stores 35. Ice cream stores 36. Interior decorating showrooms and office 37. Jewelry stores 38. Laundries 39. Liquor stores 40. Locksmith 41. Medical clinics and offices 42. Millinery shops 43. Music stores 44. News stores 45. Office supply stores 46. Paint and wallpaper stores 47. Pet shops and supplies 48. Photographic equipment stores 49. Post office 50. Printing, publishing and mimeograph service 51. Private clubs, fxaternal'and social 52. Radio and television sales and service 53. Restaurants 54. Shoe sales and repairs 55. Shopping centers 56. Souvenir stores 57. Stationary stores 58. Supermarkets and neat markets (not to exceed 25,000 square feet) 59. Tailor shops 60. Tile sales - ceramic the 61. Tobacco shops 62. Toy chops 63. Tropical fish stores 64. Variety stores 65. Veterinary offices 6 clinics (no outside Kenneling) 66. watch and precision instrument repair shops 67. Any other commercial use or profeksional service which is comparable in nature with the foregoing uses and which the Director determines to be compatible in the district. 68. Hater management facilitie3, parks, essential services, and preservation areas. B. Permitted Accessory uses and Structures Accessory uses and structures customarily associated with the uses permitted in this district. 6.03 MINIMUM YARD REQUIREMENTS Buildings shall be set back a minimum of 35 feet from all roadways and 50 feet from boundaries with residential parcels. ® 044 FAGc 227 6-z There shall be no required setback from boundaries from open ` space conservation areas. A landscape buffer area of t least ten (10) feet shall be maintained between pa loog �w areas and any roadways or residential parcels and shall comply with Section 5.37 of the zoning Ordinance. Ly.;. 6.04 BUILDINGSEPARATIQ0H 1 . ' All buildings shall be separated twenty (�4a feet or Y.the sum of their heights whichever is gr4ater one-half (1/2) except that in the case of clustered buildings with axco mon ided architectural theme these distances may ria lase+ P that a site plan is approved by the Director. 6.05 MINImum FLOOR AREA of pRINCIPAL STRUCTURES One thousand (1,000) square feet per building on the ground floor except that free standing specialty structures of nationallyreq feet shall b standard Size less permittedhan when one site plsand an (1,O00) sq approval has been received. z 6.06 tMIMIjM HEIGHT 'Thirty five (35) feet above finished grade of lot. 4S G.'07 MINIMUM OFF-STREET PARKING AND OFr'-STREET LOADING •_. As required by the Zoning ordinance of Collier County. 6.08 ?IINIMUM I,ANf)SCAPING REQUIREMENTS As required by the Zoning Ordinance of Collier County. 6.09 SIGNAGE e h� 1. 'y- A. wall and�uBa 51gn5 One wall or marquee sign per business with an area not exceeding fifteen percent (153) of the total square footage of the front wall to which it is to be affixed, with a maximum of one hundred (100) square feet. B. On -Premises Signa One on -premise sign not;to exceed fifty (5Q) square feet for free standing businesses with one hundred fifty (150) feet or more of footage not to exceed twenty (20) feet in height. =044F A nt 29 6--3 • • • C. Directory or Entrance Sian A maximum of 250 square feet. 6.10 DEVELOPMENT Prior to development of any commercial tract, a site development plan shall be approved in accordance with Section 10.5 of the Zoning Ordinances A written request for site plan approval shall,be submitted to the Development Services Director for approval or denial. The request shall include materials necessary to demonstrate that the approval of the sits plan will be in harmony with the intent and purpose of this document. Such material shall include the following, where applicablei A) Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, off street parking and off street loading areas, yards and other open spaces. B) Plans showing proposed locations for utilities hook-up. C) plans for screening and buffering. D) Plans for proposed signs and lighting. E) In the case of clustered buildings and/or zero lot line with common architectural theme, required property development regulations may be waived or reduced provided a site plan is approved under this section. 6.11 SPECIAL PROPERTY DEVELDPM$NT REGULATIONS A) Landscaping, buffer areas and supplementary district zoning regulations that may be applicable to certain uses above shall be adhered to unless in conflict with any of the intent or the provisions specified herein. B) Merchandise storage and display. Unless specifically permitted for a given use, outside storage or display of merchandise is prohibited. C) Automobile Service Stations shall comply with the standards of Section 9.8 of the Zoning Ordinance. 6.12 MINIMUM LANDSCAPE REQUIREMENTS The project shall comply with the Collier County landscape ordinance in effect at the time a permit is requested or required. 044 W4 229 6-a G. 13 Commercial development shall not exceed vnfl hundred twenty-four thousand (124,000) square feet of floor' area. ® {i`I ! Pb�� 230 6-5 • 0 5) Polling places in accordance with Section 9.11 of the Zoning Ordinance. C) Plan Approval Requirements A site plan of the golf clubhouse area shall be submitted in accordance with Section 2.05 of this document. The perimeter boundaries of such plane shall be recorded in the same manner as a subdivision plat. ® U44Vkr�E 231 � I • :�:; �' SECTION VII ry_ GOLF COURSE COUNTRY CLUB (GC:) 7.01 PURPOSE The purpose of this Section is to set forth the regulations Mi•y for the areas designated as Golf Course. 7.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or' water used, in whole or in part, for other than the followings A) Permitted Principal Uses and Structures s' Golf Course - B) Permitted Accessory Uses and Structures 1j Clubhouses, pro -shop, practice driving range and i other customary accessory uses of golf courses, or other recreational facilities. 2) Small commercial establishments, including gift shops, golf equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively • serve patrons of the golf course and other permitted recreational facilities. 3) Multiple tennis courts, shuffleboard courts, swimming pools, and other types of facilities intended for outdoor recreation common to a country club. 4) Roads, pathways, accessory uses and structures customarily associated with the permitted use, .�:'• including but not limited to utility structures, water management facilities, maintenance shops and ` equipment storage facilities, non-commercial plant nursery, etc. 5) Polling places in accordance with Section 9.11 of the Zoning Ordinance. C) Plan Approval Requirements A site plan of the golf clubhouse area shall be submitted in accordance with Section 2.05 of this document. The perimeter boundaries of such plane shall be recorded in the same manner as a subdivision plat. ® U44Vkr�E 231 � I 7.03 p opERTY DEVELOPMENT REGULATIONS 7.03.01 General Requirements: A) overall site design .shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatmeazt of buffer areas. 3) Buildings- shall be set back a minimum of fifty (50) feet from abutting residential districts and the setback area shall be appropriately lb[rdscaped and maintained to act as a buffer zone. No parking will be allowed in the buffer. 7.03.0 Maximum Hei ht of 5tructurea Three (3) stories over parking. 7.03.03 Parkin The off-street parking shall be as required by the Zoning Ordinance of Collier county at the time huilding permits are requested. W 044 MA 232 7-7 0 • .�` SECTION VIII OPEN SPACE/CONSERVATION ` 8.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated as Open Space/Conservation as well as areas not otherwise covered. 8.02 PERMITTED USES AND STRUCTURES .;. No building or structure, or part thereof, shall be erected, ' altered, or used, or land or-wa-or used, in whole or in part, for other than the followings • A) Permitted Principal Uses and Structures Parks and playground.* 2) Biking, hiking, canoeing and nature trails.* 3) Equestrian paths. '41 Nature preserves and wildlife sanctuaries. 5) Recreational shelters and restroom facilities.* 6) Elevated boardwalk through wetlands areas to Bay as shown on Master Development Plan.* 7) Hater Management structures. 8) Pathways, accessory uses sand structures customarily associated with the permitted use,including but not limited to utility structures, lakes, water management facilities, etc.* 9) wildlife Management. 10) Other recreational and open space uses which are compatible and approved pursuant to 9.02(c). *These uses in wetlands areas xeric scrub oak, habitat require advance approval by the Collier County Development services Department and possible permits from other governmental agencies. 1� 044 FACE233 8-1 B) permitted ACcessoKy Uses and Structures 1) AcceSsory uses and structures customarily associated with principal uses permitted in this District. 2) Maintenance and storage areas and structures. C) Site Plan Approval Requirement Site plans for proposed uses which are deemed compatible with above uses by Administrator and not permitted as principal uses„ shall be submitted to the Director in accordance with Section 2.05. 8.03 PROPERTY DEVELOPMENT CRITERIA Overall site design shall be harmonious in torms of landscaping, enclosure�reas and structures, location andon of treatment sof ss streets and parking buffer areas. 8.0$ MAINTENANCE • The Developer shall establish a Property Owners Association for the Project which will be responsible for the maintenance and conservation of t�nst Space/Conservation areas, recreational facilities, private parks and other common facilities. ® 444 WA234 8-2 • • 0 SECTION IX GENERAL DEVELOPMENT COMMITMENTS 9.01 PURPOSE The purpose of this Section is to set forth the standards for development of the project. A. The design and layout illustrated by the Master Development Plan shall be understood as general in nature and flexible so that final design may comply with applicable requiremhnts and beat utilize the natural resources. B. Minor design changes may be permitted subject to staff review and approval, and design changes necessitated by environmental permits shall be permitted subject to staff review and approval. C. To protect the integrity of the Planned Unit Development, the major access roads mai; be private roads and access may be limited thereon with the exception of emergency and official vehicles. 9.02 DEVELOPMENT COMMITMENTS A) Energy 1) Construction shall comply with applicable local and state energy codes. 2) Reasonable *good faith" efforts to utilize state -of the -art energy conservation techniques shall be made where practically and economically feasible. 3) Deed restrictions and other mechanisms shall not prohibit or prevent the use of alternative energy devices such as solar collectors (except when necessary to protect the public health, safety and welfare). B) Transportation 1) The internal roadway system of the proposed project including any needed signals and other intersection improvements shall be constructed by the developer. 0 044 FAct 235 9-1 *�• -foot 2) There will he an eight tB'y leisure path .. throughout the development as shown on the Master Development Plan. Together with the golf cart paths, they will serve all residential and common areas. 3) Developer shall provide 50 feet of right-of-way 5. along the north boundary of the property between Vanderbilt Beach Drive and U.S. Highway 41 for future roadway purposes. 4) The Developer shall provide up to 25 feet of additional right -of -wax along all frontages on Vanderbilt Drive (CR -901), the exact amount to be issued, determined when xight-af-way permits are for turn lane, hike path and drainage uses upon the four laving of that road. 5) Gate houses shark be located and designed so as not to cause vehicles to be backed up onto any public roadway. 5) The Developer shall provide left and right turn lanes and arterial level street lighting at all accesses on Vanderbilt Drive: and Tamiami 'frail. 7) The Developer shall provide a fair share contribution toward the capital cost of any traffic signals deemed warranted by the County Engineer at accesses on Vanderbilt Drive or The signals will be awned, Tamiami Trail. operated and maintained by Collier County. g} All traffic control devices used, excluding street name and other internal traffic control signs, shall, conform with the Manual on Uniform Traffic Control Devices (Chapter 316.0747, Florida Statutes), 9) These improvements are considered "site related" as defined in Ordinance s5-55 and shall not be applied as credits toward any impact fees required by that ordinance. 10) A minimum 15' landscaped buffer shall be provided between all internal streets that are adjacent and parallel to an existing or proposed external road. 11) The golf maintenance facility is shown next to Vanderbilt Drive, just north of the proposed underpass. No median opening shall be permitted when Vanderbilt Drive is widened to 4 lanes. 044 FA ZN 9-2 12) The proposed underpass under Vanderbilt Drive, r shall be constructed to accommodate future A *�.. laving of Vanderbilt Drive and shall be so located and designed to avoid any site distance problems with existing access drives located north of this project and the proposed access to the maintenance facility. `. 13) The main access to Audubon shall be located as shown on Exhibit 'A" and appears to be located approximately across from the entrance to the Cypress Head PVD. D) Utilities Requirements ]) water 'distribution and sewgge collection and transmission systems will be constructed throughout the project development by the developer pursuant to all current requirements of County and the State of Florida. water and sewer facilities constructed within platted rights-cf- way or within utility easements required by the @� 911 Fk,� 237 is C) water Management ... 1) Detailed paving, grading, site drainage and utility plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the s proposed construction in accordance with the submitted plans is granted by Project Review Services. 2) An Excavation Permit will be required for the proposed lake(s) in accordance with Collier County ordinance No. 88-26 and South Florida Water • Management District (SFWMD) rules. improvements shall 3) Design and construction of all be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. 4) A copy of SFWMD Permit or Early Wokk Permit is required prior to construction plan approval. 5) The lakes and wetland locations shall meet the ' minimum 200 ft. separation criteria of the South Florida Water Management District rules unless the South Florida water Management District approves any separation less than 200 feet and written confirmation to that effect is provided to Project Review Services. D) Utilities Requirements ]) water 'distribution and sewgge collection and transmission systems will be constructed throughout the project development by the developer pursuant to all current requirements of County and the State of Florida. water and sewer facilities constructed within platted rights-cf- way or within utility easements required by the @� 911 Fk,� 237 is k� County shall be conveyed t❑ the County for ownership, operation and maintenance purposes pursuant to appropriate County ordinances and regulations in effect at the time of conveyance. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County's utility construction requirements in effsct at the time construction plans are approved. The above tasks must be completed to the satisfaction of the utilities Diviaion prior to placing any utilities, County owned or privately owned, into service. Upon completion of the water and/or sewer facilities and prior to the issuance of Certificates of occupancy for structures within the project the utility facilities shall be conveyed to the County, when required by the Utilities Division, pursuant to County Ordinances and Regulations in effect at the time conveyance is requested. (a) All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities division prior to commencement of construction. - Sbj All customers connecting 'to the water distribution and sewage collection facilities vrill be customers of the County and wi11 be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or scewer service to the project, the water and/Dr sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. (c) It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand an receive and treat the sewage generated by this project_ Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development cOmmencas,,the Developer, at his a W -NIX Ci 9-a • • • expense, will install and operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. (d) An Agreement shall be entered into between the County and Developer, binding on the Developer, his assigns or successors, legally acceptable to the County, prior to the approval of construction documents for the proposed project, stating thats (1) The Proposed water supply and on-site treatment facilities and/or on-site wastewater treatment and disposal facilities, if required, are to be constructed as part of the proposed project and must be regarded as interim; they shall be constructed to State and Federal standards and are to be owned, operated and maintained by the Developer, his assigns or successors until such time as the County's off-site water facilities and/or off-site sewer facilities are available to service the project. The interim treatment facilities shall supply services only to those lands owned by the Developer and approved by the County for development. The utility facility(Les) may not be expanded to provide water and/or sewer services outside the development boundary approved by the County without the written consent of the County. (2) Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable, in a- manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the County. (3) Connection to the County's off-site water and/or sewer facilities will be made by the owners, their assigns or successors at no cost to the County within 90 days after such facilities become available. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of existing sewage pumping facilities or construction of new master sewage pumping facilities, interconnection 9® liARPAG1239 " ` `• with County off-site facilities, water and/or cannection(a). ,- setter linea r►ecessaxy to make the etc. Fa ' ;,..- (4) At the time County off-site water and/or sewer facilities aro available fcrthe with, the following water project to connect facilities shall be conveyed to the and/or sewer County pursuant to appropriate County Ordinances and Regulations in effect at the time: (a) All water aridlor sewer facilities constructed in publicly owned rights -of -ways "or` within utility Bdsroeect the required by the County within project makeneon/wit s the dor limits ewer County's off-site water facilities; or, .� (b) All mater and sewer facilities required to connect the project to the County's off-site water and/or sewer facilitieswhen the on-site water and/or an private sewer facilities are constructed property and not required by the County to be located within utility easements, including but not limited to the following: (i) Main sewage lift station and force main interconnection with the ., ry• County sewer facilities including all utility easement necessary; (li) water distribution facilities Brom the point of connection with the County's water facilities to the raster water meter serving the project, including al). utility easements neoesuary. (5) The customers served on an interim basis by the utility system constructed by the Developer shall became customers of the County at the time when County off-site water and/or sewer facilities are available to serve the project and such connection is made. Prior to connection of the project to the County's off-site water and/or sewer facilities the Developer, his assigns, or successors shall turn over t❑ the County a complete list of the customers served by the ete interim utilities sforem the service shall Of those with the County provide the customers. The Developer shall also p AM M C4 4 Fa ,t 240 • 0 County with a detailed inventory -of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. (6) All construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. (7) The Developer, his assigns or successors agree to' pay all system development charges at the time that Building permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time of permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. (8) The County will lease to the Developer for operation and maintenance the water distribution 'and/or sewage collection and transmission system for the sum of $10.00 per year, when such system is connected to the off-site water and/or sewer facilities owned and operated by the County. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities and/or the sewage collection, transmission and treatment facilities. The Lease, if required, shall remain in effect until the County can provide water and/or sewer service through its off-site facilities or until such time that bulk rate water and/or sewer service agreements are negotiated with the interim utility system serving the project. (e) Data required under County Ordinance No. 80-112 showing the availability of sewage service, must be submitted and approved by the [Utilities Division prior to approval of the construction documents -for the project. Submit a copy of the approved DER permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. 0 (144 fort 241 9-7 Jr. 2) The project's Developer[s), his assigns or successors shall construct and utilize an on-site secondary distribution system for the use of treated sewage effluent within the project limits, for irrigation purposes for areas including but not limited to the golf course, clubhouse, Gammon areas, rights-of-way, and sales center. The owner would be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project and will provide full wet weather on-site storage facilities as required by the Department of Environmental Regulation consistent with the volume of treated waste water to be utilized. Treated effluent will be supplied to the project pursuant to the County's established rate schedule. The secondary distribution system shall be constructed pursuant to the findings of a detailed hydraulic design report. The report must be submitted with the construction documents for the project. The report shall last all design assumptions, demand rates and other factors pertinent to the system under consideration. ® (144 PA,_( 242 t g_8 (f) If an interim an -site water supply, treatment and transmission facility is utilized to serve the be sized to supply proposed project, it must properly and peak day domestic demand, in addition to average the fire tiow z mDistrict oject the proved Fire Control servicing area. ag Construction and ownership of the water and sewer facilities, including any proposed in be be and/or sewage treatment facilities, shall all Utilities Division standards, compliance with policies, ordinances, Practices, etc. in effect at the time construction approval is requested. [h] Detailed hydraulic design reports -covering { the water distribution and sewage collection and serve the project must be transmission systems to with the construction documents for the submitted project. The reports shall list all design demand rates and other factors pertinent asaumptivns, to the system under consideration. (1) when the County has the ability to provide '= sewage treatment and disposal services, the nevalopet will be responsible v his designs or successors to these facilities at a point to be connect established by the County, with the Developer assuming to be all costs for the connection work performed. 2) The project's Developer[s), his assigns or successors shall construct and utilize an on-site secondary distribution system for the use of treated sewage effluent within the project limits, for irrigation purposes for areas including but not limited to the golf course, clubhouse, Gammon areas, rights-of-way, and sales center. The owner would be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project and will provide full wet weather on-site storage facilities as required by the Department of Environmental Regulation consistent with the volume of treated waste water to be utilized. Treated effluent will be supplied to the project pursuant to the County's established rate schedule. The secondary distribution system shall be constructed pursuant to the findings of a detailed hydraulic design report. The report must be submitted with the construction documents for the project. The report shall last all design assumptions, demand rates and other factors pertinent to the system under consideration. ® (144 PA,_( 242 t g_8 • 1) Article X, Section 3: Suffer areas and screening shall be governed by this document as stated in Section 9.02(F)(21) and 9.02(F)(22). The xeric oak buffer contemplated by Section 9.02(F)(16) of this document may be part of the yard setback. Upland buffers may be located within yards and easements. 2) Article X, Section 19: Street name signs shall be approved by the County Engineer but need not meet '} U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street pavement painting, striping and reflective edging requirements shall be waived. M (144 FADE 243 9-9 Effox •: , '=M• 3) Prior to approval of construction documents by the Utilities Division, the Developer must present w verification, It required, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide interim sewer and/or water service to the project until the County can provide these services through its water and sewer facilities. 4) The existing water mains adjacent to this project will have to be reinforced, consistent with the County's Water Master Plan to insure that the water system can ' hydraulically provide a sufficient quantity of water to meet the ' anticipated demands of the project. Additionally, the Utilities Division will not be in a position to approve Certificates of Occupancy for the project until the County's water transmission facilities to serve North Naples have been completed and placed into service and the system reinforcement and on-site water distribution facilities previously stipulated have 'been completed and placed into service. 5) Any package plant needs DER approval. Any establishment requiring a CCPHLLU permit must submit plans for review and approval. 6) The Developer must meet the required water flow, which is a minimum of 750 GPM with a residual pressure of 20 PSI at the remotest point of discharge, assuming acceptable pressure and supply at the main. B) Exceptions to County Subdivision Regulations 1) Article X, Section 3: Suffer areas and screening shall be governed by this document as stated in Section 9.02(F)(21) and 9.02(F)(22). The xeric oak buffer contemplated by Section 9.02(F)(16) of this document may be part of the yard setback. Upland buffers may be located within yards and easements. 2) Article X, Section 19: Street name signs shall be approved by the County Engineer but need not meet '} U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street pavement painting, striping and reflective edging requirements shall be waived. M (144 FADE 243 9-9 m 6) Article XI, ;vection 17.K: The requirement for 100 feet tangent sections between reverse curves of streets will he waived'on all made. Speed limit control will be used to control traffic.* i 7) Article XI, Section il: The requirement for blank utility casings shall be subject to installation of utilities prior to construction of pavement and base. gj Article XI, Section 10: The requirement for reference markersto be placed in water valve covers is waived, provided all monuments are installed in accordance with State statutes and approval by the county Engineer. 9) Article X, section 16; The requirements for sida•- walks shall be waived. An 8' wide leisure path will be used on one side of the main roadway as shown in Exhibit "E'.* *All streets must remain privately awned to qualify for these exceptions_ F) Environmental Stipulations 1) Developer shall be subject to ordinance 75-21 (or the tree/vegetation removal ordinance n existence e at the time of permitting), requiring acquisition of a tree removal permit prior to any land clearing. A site clearing plan shaLl be submitted to the Development Services Department and the CommurlitY Development Division for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. WX44FVI 244 • Article XI, Section 17.F & G: Street right -Of -way ' and cross-sections for the roads shall be as shown }" on Exhibit "C' * ,.. g) Article XI, section 17 .H: The l,O4D feet maximum be waived dead-end street length requirement shall in 5. if emergency access is .provided as shown Exhibit *E*.* -5y Article KI, Section 17.11 sack of curb radii at 30 feet street intersections shall be a minimum Of internally, minimum 40 feet externally.* 6) Article XI, ;vection 17.K: The requirement for 100 feet tangent sections between reverse curves of streets will he waived'on all made. Speed limit control will be used to control traffic.* i 7) Article XI, Section il: The requirement for blank utility casings shall be subject to installation of utilities prior to construction of pavement and base. gj Article XI, Section 10: The requirement for reference markersto be placed in water valve covers is waived, provided all monuments are installed in accordance with State statutes and approval by the county Engineer. 9) Article X, section 16; The requirements for sida•- walks shall be waived. An 8' wide leisure path will be used on one side of the main roadway as shown in Exhibit "E'.* *All streets must remain privately awned to qualify for these exceptions_ F) Environmental Stipulations 1) Developer shall be subject to ordinance 75-21 (or the tree/vegetation removal ordinance n existence e at the time of permitting), requiring acquisition of a tree removal permit prior to any land clearing. A site clearing plan shaLl be submitted to the Development Services Department and the CommurlitY Development Division for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. WX44FVI 244 • 2y Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be ,r_ submitted to the Development Services Department r and the Ccmmunity Development Division for their review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities, �. 3) All exotic plants, as"defined in the County Code, x. shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent re -invasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Development Services Department and the Community Development Division. +. 4) if during the course of site clearing, excavation, t..:' or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Development Services Department notified. Development Will be suspended for a sufficient length of time to enable the Development Services Department or a designated consultant to assess the find and determine the proper course of action In regard to its salvageability. The Development Services Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal .interruption to any constructional activities. 5) An archaeological survey of the parcel must be conducted by qualified personnel subject to the approval of the Development Services Department. Results of that survey must be submitted to the Development Services Department for review and, if warranted, additional actions taken as outlined within Stipulation 4) above. �[ 944 rA;:245 9-11 0 • • -e..; . - �� ., 6 ) All xeric scrub oak and wetland areas designated be ("C/C")habitat ..�� as 'conservation open space" Any proposed alterations ; �;' preserves. and/or uses within habitat preserves shall e of thh approval e ;': r' subject to the review ,and nsvelapment Services Department. Habitat Preserve the includes the C/0 easement which is within All C/O areas as commercial ("C/R") tract. the pannsmust designated gindthe Br r�ao�t to construetian the Develop P y boundaries will abutting area and habitat preserve tho review and approval of the ba subject to Development Services Department. 7) To in lake productivity and habitat values, to a depth of lake side slopes will be 4:1 out (3) feet from mean low water levels. three Developer should investigate vegetating littoral plant Species shelf areas with various native request, the Development Services Department (upon can provide pertinent information concerning plant species). El Developer shall design and implement a program to of noxious/ prevent and/or reduce populations ic plant populations within lakes, specifically, but not limited to, preventing hy+dr.illa (H drilla vert cillata , water growth of hyacinth (Eichhornia crassi es}+ and (to a lesser T atifolia); this program degree} aatta is ( ha l approval of the will be subject to the review and Development Services Department. 9} A survey for the presence and distribution of be by qualified protected species must conducted subject to approval by the Development in personnel $ervices Department. For species identified Fresh water Fish Commission the Florida Game and 1987 edition of "official Lists of Endangered ,7uly and Potentially Endangered Fauna and Flora in include: bald eagle Florida," the survey must leucvice)halus}, red cockaded (Haliaeetus waadpecker (Picoides borealis), gopher tortoise arevlata) jGv harus of hemus)■ gopher frog (Rana indigo snake {DrYmarchvn. cnrais and eastern couperij• Results of the survey must be made the Development Services Department, available to and, if warranted, project designs should be adjusted and/or individuals/ populations relocated the survival of to appropriate locations to insure species, Where appropriate, the protected e the retention or relocation effortswill incl d Lastly, butterfly orchid (EnCyCliS JF U,44 Fa,,T 2461 • • • the Developer shall satisfy all state (Florida Game and Fresh Water Fish Commission) and federal (United States Fish and Wildlife Service) permit ` conditions concerning protected species. 10) If any redesign of Phase II, which is that portion of the property located west of Vanderbilt Drive, is required in order to meet the Florida Game and Fresh Water Fish Commission's (FGFWFC) Bald Eagle Management Plan, Developer shall propose such changes as may be warranted to the Master Development Plan. Boundaries for residential Development Tracts and the location of internal roads may be modified •and/or relocated. Such changes may be approved by the Planning Services Director (with advice and approval from the Project Review Services Environmental staff) without further approval by the Planning s Commission or Board of County Commissioners provided that: (i) the boundaries to the open apace /conservation tracts are not substantially altered, (ii) the original development commitments are met which includes no less upland area than was originally preserved pursuant to the plan attached as Exhibit A to Ordinance No. 87-77, and (iii) external entrances are not modified. 11) Final alignment and configurations of water . management structures (lakes, awales, etc.) shall be subject to minor field adjustments to minimize habitat destruction. Prior to construction, areas subject to alteration must be flagged by the petitioner, the alignment/configurations to be subject to the review and approval of the Development Services Department. 12) Two wildlife corridors must be provided across (east to west) the project parcel located west of Vanderbilt Beach Drive. One corridor must connect the central xeric live oak habitat with the western, fringing wetlands. The 75 feet northern drainage easement will serve as the second wildlife corridor. Except for land clearing necessary for minor canal modifications to insure proper water flow, reasonable golf course, passage for hole #12, and human safety, all existing native vegetation (trees and understory) will remain intact along the width of the easement; additional width for the buffer is preferable and strongly encouraged. Proposals for clearing of any native vegetation will be subject to the review and approval of the Development Services Department. 0 L44 4�-t 247 9-13 15) All housing development abutting hgolf fxcourse where there is no intervening upland vation tract or lake, will provide lot buffer zones to protect and maintain the quality of existing native vegetation between golf hole boundaries and the hough=g unit. Lot buffers must be a minimum of ZU feet and larger buffers should be encouraged via deed restrictions. 16) Residents within xeric live oak habitats should take special means topreserve eexiating Of venomous lant and animals animal communities { or toxic plants). on single family lots within the xeric live oak habitats, the architectural review committee established by the developer will require incorporation arge ativn reasonable intatountssiOff existing landscaping plan. Deed restrictions shall promote retention Of existing plant and animal communities, recommending the practice of .e.iscape landscaping. M wi 248 9- 1 • e''.�• 13] The Developer and the Development $eoutCOf the final lay F, Department will cooperate on resulting in a tree removal the golf course, acceptable to bath parties. Prior to program construction, golf holes will be field staked by and the Developer and subject to the review approval by the Development Services Department. Developer should make reasonable field adjustments destruction and of the course to minimize habitat follow xeriscape principles to reduce should environmental imparts. Particular attention is to to be paid to hole #14 and 115 by the Developer the scrub oak habitat to he minimize impacts on extent practical and 'consistent with good 9ale course design. 14) As shown an the Master. Plan, enczoachment into be allowed to selected freshwater wetlands will the retention of additional acreage of facilitate live oak habitat. The Development Services xeric forte to secure Department will support f rstate federal permits from and necessary p othe i.e., permits which would allow agencies, into the wetlands. if permits cannot encroachment be procured from the necessary regulatory agencies the project within a reasonable time to construct in the Master Plan , the Developer and as outlined the Development Services Department shall all developmentto cooperate to finalize proposed minimize environmental. .impacts, especially in he xeric live oak habitats. 15) All housing development abutting hgolf fxcourse where there is no intervening upland vation tract or lake, will provide lot buffer zones to protect and maintain the quality of existing native vegetation between golf hole boundaries and the hough=g unit. Lot buffers must be a minimum of ZU feet and larger buffers should be encouraged via deed restrictions. 16) Residents within xeric live oak habitats should take special means topreserve eexiating Of venomous lant and animals animal communities { or toxic plants). on single family lots within the xeric live oak habitats, the architectural review committee established by the developer will require incorporation arge ativn reasonable intatountssiOff existing landscaping plan. Deed restrictions shall promote retention Of existing plant and animal communities, recommending the practice of .e.iscape landscaping. M wi 248 9- 17) where applicable due to development, components of plant communities will be transplanted within preserve areas and/or as landscape elements within the project. Examples of plant species appropriate for transplant would include cabal Palms (Sabal palmetto), wax myrtle (Myrica cerifera) and components of the xeric live oak communities includings oaks (Quercus spp.), wax myrtle, rusty lyonia (Lvoniaferrucinea), and gallberry (Ilex glabra). 18) For the buffer and preserve areas west of the commercial tract (located adjacent and west of U.S. 41), suitable ' protection of the, buffer/ preserve areas will be provided by way of a fence, curbing, landscape hedges, etc. Mode of protection will correspond with specific commercial facilities proposed for the area (i.e., shopping center vs. office building, eta.); therefore, final mode(s) of protection will be subject to the review and approval of the Natural Resources Management Department. 19) For parking lots, golf cart pathways, and perhaps certain roadways, Developer should investigate the use of paver bricks in lieu of traditional asphalt paving to reduce the amount of impervious surfaces, chemical runoff, maintenance, and • possibly installation expenses. " 20) For all of the stipulations above, mutual agreements must be reached between the Development Services Department and Developer . If mutual agreements cannot be reached, the matter will be brought before the Environmental Advisory Committee or whatever County environmental review board is in power at the time of disputes; this governing entity will act as an arbitrator for disputes. If arbitration is futile, the matters will be brought before the Board of County Commissioners (BCC), the BCC to act as the final arbitrator. 21) Should the South Florida Plater Management District (SFWMD), during its permit review process, require a natural vegetative buffer be created between the lots and any jurisdictional wetland Preserve and/or Conservation tract, the buffer shall not be located within the boundaries of the lot(s). It shall be created as a separate platted tract or as a buffer easement over an expanded limit of the Preserve tracts, which would be dedicated as Preserve/Drainage tracts, to[ the buffer gi(nclude 044 F4 ..�� 9_1F within the Preserve tract. If the buffer is located within a separate tract, that tract shell be dedicated on the plat to the project's homeowners association or like entity for ownership and to int�ollierresp uri b� lit withes and if no necessary, responsibility far maintenance. All Preserve buffer easements or buffer tracts shall be created chapter in conformance with the provisions th704-06, nty$Floridan Staat manner If the SFWMD satisfactory relieves the the County, County, of maintenance and enforcement responsibilities, the buffer may billo appy in lots and the followin9 stipulation w place of the foregoing stipulation. 22) If (a) the SFWAD jurisdictional wetlands are utilized as part of the project's water management system, and (b) the SFWMD requires a natural upland buffer adjacent to wetlands, the buffer shall be included In the conservation tract or otherwise protected In accordance with applicable ordinances or regulations. If the buffer is located within a separate tract, that tract shall be dedicated on the plat to the project's homeowners association or other similar entity for ownership, maintenance and enforcement responsibilities with adequate safeguards to ensure that those responsibilities run with the If the buffer is located on lots of land,guar established development t to tgpxo ide at for Eenforcement 1 of clearing/alteration restrictions, with adequate safeguards to ensure that thoseceptableb t❑itLes run with the land, that SFWMD and Collier County. th ro used impacts to 3.3+ acres 23) Mitigation Por e p P of wetlands designated, CC --R2 tract shall be xeric live oak habitat unless other suitable mitigation proposals are, approviad by the South Flormitigation awater Management District (SFWMD). Said shall comply with the mitigation ratios of SFWMo and shall be contiguous to other xeric live eak habitat, the xeric live oak conservation area comprising the said Eagle Primary protection Zone. This stipulation shall be contingent on the petitioner obtaining the necessary State and Federal permits ,and the upland mitigation for wetland impacts being approved by said agencies. A conservation easement shall be placed over the mitigation area with protective covenants as per Florida Statutes, Chapter 704.05. 9-16 • • 0 26) Prior to construction plan approval petitioner shall provide a fifty (50) foot conservation easement along the common lot line of the R3/R1 designated_ lots in the southwest corner of the project master plan to act as a naturally vegetated wildlife corridor between the centrally located CO area and the west fringing wetlands. 27) No impacts to previously designated preserves,. conservation areas or conservation and open space areas for the .proposed addition lake area(a) or relocation and reconfiguration of lakes shall be permitted unless required to meet the minimum retention standards of the SFWMD and the Collier County Excavation Ordinance or the lakes are permitted by the SFWMD. Surplus lakes shall occupy no greater surface area than the lakes in the northwest corner shown as A and B on the master plan. 28) All previous environmental standards of PUD Ordinance No. 87-12 shall continue to apply unless specifically amended by this amendment. 29) The petitioner will cooperate with the Development Services Department, Project Review Services to 9 _P L44PkGE 251 24) A Florida Game and Fresh Water Fish Commission (FGFWFC) approved Bald Eagle Management Plan shall be submitted to Project Review Services : Environmental staff, prior to construction plan submittal or with the construction plan submittal for those lands west of Vanderbilt Drive. 25) Final plat and construction plans for the portion of the property west of Vanderbilt Drive shall not be accepted or reviewed until a letter of technical assistance is provided to the county from the Florida Game and Fresh Water Fish Commission indicating that the proposed management plan for the protection of the eagle is acceptable to it. The area designated CO -R2 on the PUD Master Plan may, at the Developer's option, be excluded from the submittal for construction plan/plat review of the remaining land west of Vanderbilt Drive. Prior to submission of such pians for the CO -R2 parcel it will be incumbent upon the Developer of this tract to provide assurance to the county that South Florida Water Management District (SFWMD) permits and acceptable mitigation to the SFWMD can be provided for in the project prior to the issuance of any permits for the CO -R2 tract. 26) Prior to construction plan approval petitioner shall provide a fifty (50) foot conservation easement along the common lot line of the R3/R1 designated_ lots in the southwest corner of the project master plan to act as a naturally vegetated wildlife corridor between the centrally located CO area and the west fringing wetlands. 27) No impacts to previously designated preserves,. conservation areas or conservation and open space areas for the .proposed addition lake area(a) or relocation and reconfiguration of lakes shall be permitted unless required to meet the minimum retention standards of the SFWMD and the Collier County Excavation Ordinance or the lakes are permitted by the SFWMD. Surplus lakes shall occupy no greater surface area than the lakes in the northwest corner shown as A and B on the master plan. 28) All previous environmental standards of PUD Ordinance No. 87-12 shall continue to apply unless specifically amended by this amendment. 29) The petitioner will cooperate with the Development Services Department, Project Review Services to 9 _P L44PkGE 251 INCGJt44011a/07019IJW 3 :tee r develop an "intex development' (i.e., Little Hickory Shoreat Bonita Shores, Lely Bareloot Beach, Audubonl plan for boat traffic management promoting the preservation of estuarine resources affected by the subdivisions and their associated boat traffic, if any futura boat docking or launching facilities are proposed. ® 044 F.',� 257 9-18 • 0 � 0 R x a Parr I of 3 LU131T ! pegal Aeacription 7[,egai Description of a parcel of land l ted Eagt,� the 2 of Collier hCounty* 23 ifeation S, Township 48 South, PAM irlorida, being more particularly described as foll,owsl khat portion of the Horth 112 of Section 9 Tovnahip 40 south, Mange 23 Eagt, Collier County, 710rida, lying westerly OC V,S. I;tghw&y No. Al (state Road 'No. 45) as the name is shown cry the Etats of Florida D.C.T. Right -of -Hay Hap of Stat• Road Na. 45, collier County, Florida, Section 03010--2519, Sheat 3, of the Public Records of Collier County, y1orida and lyinq Easterly of County Ftoad Nov gol (Vanderbilt Drive) , Collier countyf Florida. i r , .i �.tiH• r 944 w1f 254 r . i))x'J1r'' •' ' 999 �_.y pry _• , • • HIM Mte He* 94. It tt1a/87 - ' i2evised 1121118 Page 2 of 5 Legal Descrietlon A partlon of Sectlens 3, 7 and e, Township 41 South, Range 25 East, Collier County, Florida, being more particularly described as foilowst Commencing at the Southeast corner of Section 5, Township 48 South, Range 25 East, Collier County, Florida; thence run South 69059123.1" West along the South line of said Section S,' 50.00 feet to a point on the Westerly right-of-way line of County Road 901, also known as Vanderbilt Drive, (formerly State Road S -865-A) and the POINT OF BEGINNING of lands herein described; thence run North 00004'17" est along soldWesterly right-of-way line of County Road Sol, said right -o6 -way Ilne being parallel to the East line of the aforesaid Section 8, 2.009.04 feet to a point an the Easterly prolongation of the South line of Unit No. 4, Bonita Shores, as recorded in Plat Book 10, Page 33, of the Public Records of Collier County. Florida; thence run South 89059837" West along the Easterly - prolongation and aforementioned South line of Unit No. 4, Bonita Shores, 2,003.71 feat to a point of curvature of a curve concaved to the South having a, central angle of 350571000, a radius of 50.00 feet; thence run Southwesterly along said curve and along said South line of Unit No. 4, Bonita Shores. 31.37 feet to a point of reverse curvature of a curve concaved to the North having a central angle df 350571040, a radius of 370.04 feet: thence run Southwesterly along sold curve and along the South line of said Unit No. 4, Bonita Shores, 232.16 feet to a point of tangency; thence run South 890391370 West along said South of line Unit No. 4, Bonita Shores, 287.57 feet; thence run North 001005154' West along the West line of said Unit No. 4, Bonita Shores, said line being parallel to the North/South centerline of the aforementioned Section 5, 130.00 feet to the South right-of-way tine of East Valley Drive and the South line of Unit No. 3, Bonita Shores, as recorded in Plat Book 3, Paga 43, saidPublic Records of Collier County, Florida; thence run South 89059137" West along said South right -0 -way line and sold South line of Unit No. 2, Bonita Shores, said line being the Easterly prolongation of Deed Book 41, Page 346, sold Public Records of Collier County, Florida; $0.00 feet to a point on ,the Westerly rlght-of--way line of West Avenue and the West lana of 'the aforesaid Deed Soak 41, Page 346; thence run North 00003:5411 West along said Westerly right-of-way Iine and West line of said Deed Book 41, Page 346, said West. right-of•way 'line being parallel to the North/South centerline of said Section 3,, 450.00 feet to a point on the East/West centerline of the aforementioned Seetlon• S. 'said point being 30,00 feat West of the monumented center of said Section 5; thence run North 009061410 West along the aforesaid Westerly right -of --way line of West Avenue and along the West line of. Deed Book 41, Page 346, as recorded In said Fublic Records of Collier County, Florida, said line being parallel to the North/South canterilne of said Section 3, 410.00 feet to the Southeast corner of Lot 33. Unit No.' 2.- Uttle Hickory Shores, as recorded In Plat Book 3, Page 72, said Public Records of Collier County, ® 044-FiSE 255 P, 0 04&3 0l i "i O e � Legal Descriptlon Florida: thence run South 39458143" Wsst along said South line of said Lot 33, 30.00 feet to the Fait line of a canal. said Unit 140. 1, Little Hickory Shores, thence run South 00606141" Fast along the East llne of said canal, said Fist lima being parallel to the North/South centerline ofsold Section 5, 40.00 feet to the Southeast corner of said canal and the South line of the aforernentloned Unit No. 2, little Hickory Shores; thence run South 19058'43' West along the South line of said canal and the south tine of the aforesaid Unit No. 7, Little Hickory Shores, 1,356.21 feet to a point of intersection with the bulkhead ling as described In Orficlal Record Sock 48, Pages i38 and 159. said Public Records of Collier County, Florida; thence run South 10°25143" West along said bulkhead line 738.46 feet; thence run South 15°33'17" East along said bulkhead line for 2,112.53 feet to a point North 15°53'17' West distance 207.90 fest from a point 920.00 feet West along the South line of said Section 3 from the quarter section corner on said line; therice run South 19058'43" West along said bulkhead line and parallel with and 200.0o feet North of said South line for 363.86 fear; thence run North 15°33'17" West along said bulkh►.ad line for 1,050.00 feet to a point of curvature; thence run Northwesterly, Westerly and Southwesterly and Southeasterly along said bulkhead [[no and along the arc of a curve of radlua 200.0o feet (chord bearing South 740061430 West) for 623,32 feet to a point of tangency; thtncs run South 15°53417" East along said bulkhead line 230 feet more or less to a point on the Horth shore of an Island In LIttle Hlckary Say; thence run southwesterly and Southerly along the West shore of sold island to a point on the South Tina of said Section $ (Official Record Book 977, Pages 188-190), 2,249.00 feet from the quarter sections .cuarner on said South line; thence run southeasterly, Easterly and Northeasterly along the shore of said island In Sectlons 5 and S, Township 48 South, . Range 25 East, Collier County, Florida, to the South line of said Sectlon 5 at a point 1,753.00 feet West of the southeast corner of the Southwest quarter of said Secticn 3; thence roan North 894058';3" East a gong said South line of said Section 5, 31.71 feet; thence ce run South o Rhrean Mar! 130 West. 345.19 feet (Official Record Book 791, page 84405157' West. 791.55 feet; thence run North 16,056157' West to a point on the North [ina' of Section 1, Township 48 South, Range 25 East, 240.42 feet; them run South 39°581R3o West along said North line of said Section S, 121.17 feet to a -point of intersection of said Horth line of aforesaid Section 8 with that certain agreed boundary line as recorded In Official Record gook 68 at Pages 235 to 150 inclusive of the Public Records or Golder County, Florida: --thence run South O000l'53.8' East arang said agreed boundary line 121.61 fe+t: thence run South 52930'18.5' West along the agreed boundary. line, 1,960.49 fast; thence run South 11°S9'33,Gs East along Bald agrted boundary line, 1,424.43 feet; thence run south Sa458140.94 East along said agreed boundary line, 1,043.50 feet to a point SO.ao feet North (measured at right angles) of the South lime of the Northwest quarter of said Section 8, said point being the most Westerly corner of Bay Forest as recorded in Plat Book 13, Pages 27 through 24, of the Public Records of Colllar County, Florida: thence run North 89,013120" Fast along said boundary of Bay Forest, said line being parallel to and 56.00 feet .North of the South ]ins of. aforesaid florthwest U 044 FAe,?56 • .tires• . . . of S Yri . i ��'•� • may..: , s�•r Legal Descrl tion feet to East lima the quartar of said Section i. 1,988.86 a point on the of ' Morthweat quarter of said Section 8 and on the West boundary of Bald Say Forest, said point being So. 08 feet North of the Southeast corner of the Northwest quarter of said Section 1 (tenter section); thence run forth 04022,7.7* West along the aforementioned East 11ne of the Northwest quarter and along the West boundary of said Bay Forest, 1,322.79 root to the Northwest corner of the South half of the Northeast quarter of said Section ' 8, said Northwest corner being the most Northwesterly corner of said Bay Forest; thence run Forth 89038131" East along the North boundary line of said Hay Forest and along tha North line of the South half of the Northeast quarter of raid * Sectlon 8, 2,.596,16' feet to a point on the previously mentloned Westerly rI ht -of -way line of County, Road 941 (Vanderbilt Drive, formerly State Road S -465-1l); thence run North 00'4452711 West, along said Westerly rFght-of-way line of aforesaid County Road Sol, 1,354.59 feat to the POINT OF BEGINNING. " Containing 486 acres, more or less. AND at .• . A' portion of the North half of Section 9, Township -43 South, Range 25 East, Canter County, Florida, being more particularly described as follows.- ollows;That Thatportion or the North half of 5ectlon 9, Township 48 South, Mange 2S East, Collier County, Florida, IIng Westerly of U.S. Highway No. 41 (State Road Pio. 45) as the same s shown on the State of Florida D.O.T. Right-of-way Map of State Road No, 45, Ccliler County-, Flarlda, Section 03010-2519, Shoot 3. of the Public Records of CoMer County, Florida. AND 1n Irastariy of County Road Na. 901 (Vanderbilt Drive), Collier County,County,FIyyonda. . Containing 273.8 acres, more or Tess. Ali of the foregoing subject to any dedlcations, limltatlons, reservatlons, restricUorts, or easements of record. J, P4 4rj .�.. 044 (E257 y`� �f �s. P;:i S of S LESS hND EXCEPT FROM TH$ FOREGOING THE FOLLOWING LAND! DESCRIPTION OF LANDS SURVEYED All that part of the Northwest Quarter of Section S, Township 48 South, Range 25 East, Collier County, Florida, bei q more particularly described as folloasi Commencing at the center of said Section 5; thence Scuth 89 degrses 32 2 oo" wast 30.00 feet to an intersection with the westerly right- of-way line of West Avenue, said intersection being the Point of Beginning of the parcel of land heroin being desaribedl thenca North 0 degraaa .33 00•. Wast along Bald vasterly right- of-way line a distance of 410.00 foot to the southeast property corner of Lot 39, Block E, Little Hickory Shores Unit No..s an recorded in Plat soak 31 page 79, Collier County, F1orldax thence leaving said right-of-way line South 89 degrees 32100" West along the southerly line of said Lot 33 a diatanca of 3o.00 feet to an intersection with the easterly line -of the canal as Shown on said plat; thence South 0 degreas 33:00" East along said canal 40.00 feet! thence South 89 degrees 32'00" West aslong said canal 976.03 feat= thence, leaving Maid conal South 10 degrees 33 9 z 7" iciest 217.95. faetf thence North 89 degrees 32'00" East 857.43 feetr thanca South 0 degraes 33' 00" East 160.00 feet? thence ?forth 99 degrees 321000 East 140.42 'f$at to the SPo,int of Beginning of the parcel heroin described) containing 5.35 acres of land mora or lessi subject to easements and restrictions of record. .. � � L44 PASS X58 10 r CROSS SECTION SPNE ROAD I ADJACENT TO LAKE '' •ti1 *M ip i� IML 1dto 05.01 qomfmm is i vapftimm Rt 1• 'gyp a ]y�alda iwlwp fttk . l! la�i�p Jlair •vt N N J is Go 10 CROSS SECTION SPNE ROAD ME= c 0c94) .jw Im = =0=691"s cc as I " on" *soft= to;. ft JLS Iwo 11 AR"I"s oiwmm zmi� IWA I 404 v cI,Q I 404 v ti CROSS SECTION LOCAL ROAD WAWJRE PATH. Pamtfbw ONE=- rib& MOAA 4ppobw tw a WEVINAAM Ift r fire a ampoftle ZdAM NO prs &=home AMR jz ''�.y� �,•,"�;ST �{�! ri '#�� .�:1P. - -- ,- -_ - .ri"^ ..tG;r{ `_•=.3�5 ;T.+/.'�M�_ r• � ;,- _. Ri. wry} .. .,. r. • (4 of ry.kra CROW SECTM • LOCAL ROAD . i ' 1 ff i it 10 71 alt a d=rama *IRdao Ommbw p 2v ilsiilia; Ypmov- oft Rs powsom iao �a AM Or »91t I� *&Ak A463L !p W MO %Mlrt VMPM M— h_t j C is Ul STATE OF FLORIDA COUNTY OF COLLIER I, JAMES C. GILES, Clark of Courts in and for the Twentieth Judicial Circuit, Collier'Ccunty, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No, 91-83 which was adopted by the Board of County Commissioners on the 25th day of June, 1991, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of July, 1991. JAMES C. PILES Clerk of Courts and Clerk•.''��""' �' Ex -officio to Board of County Commissloners �..� By: /s/Maureen .'enyor Deputy Cler:r. ' f 944 FA263 I