Loading...
Backup Documents 04/25/2019 COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS APRIL 25, 2019 AGENDA 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 BDE-PL20150001366 4/25/19 Villages at Stella Maris Teresa L. Cannon From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent: Tuesday, March 26, 2019 3:05 PM To: Minutes and Records Cc: Ann P. Jennejohn; bellows_r; BosiMichael; RodriguezWanda; NeetVirginia; kendall_m; JorgeShayra; SmithCamden;VelascoJessica; SaboJames Subject: Ad Request for your review PL20150001366 - Stella Maris Boat Docks ( BDE) Attachments: 2x3 Ad Map.pdf;Ad Request.docx; Signed Ad Request.pdf Good afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, Afrzewhet ea44.4 Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova pcolliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. S&9ty Exceeding Expectations Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 March 26, 2019 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on April 5, 2019 and furnish proof of publication to the attention of James Sabo, Principal Planner in the Growth Management Department,Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 114 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. i ne advertisement , uST NOT BE pieced ;o that portion of the newspaper where classified advertisements appear. ?lease reference the following on ALL Invoiceb DIVISION: ZONING [Zoning Services Section} FUND &COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500190197 Account Number: 076397 ti Authorized Designee signature for HEX Advertising P120150001366 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M.,April 25, 2019, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104,to consider: 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 [N 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any decision of the Hearing Examiner will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida • 6Z_21S Iliw J Q' H G ca O O v tR Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Tuesday, March 26, 2019 3:17 PM To: Minutes and Records Cc: CasanovaAlexandra; SmithCamden;VelascoJessica; SaboJames Subject: RE:Ad Request for your review PL20150001366 - Stella Maris Boat Docks ( BDE) The ad request is good. Wanda Rodriguez, .ACP, CP.M Office of the County Attorney (239) 252-8400 From:CasanovaAlexandra Sent:Tuesday, March 26, 2019 3:05 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; BellowsRay<Ray.Bellows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>; KendallMarcia<Marcia.Kendall@colliercountyfl.gov>;JorgeShayra <Shayra.Jorge@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>;VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; SaboJames<James.Sabo@colliercountyfl.gov> Subject:Ad Request for your review PL20150001366-Stella Maris Boat Docks ( BDE) Good afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, j4fle14(44 e444440442 Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanovapcolliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning.Coo icr Count y Exceeding Expectations Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Teresa L. Cannon From: Minutes and Records To: CasanovaAlexandra Subject: RE:Ad Request for your review PL20150001366 - Stella Maris Boat Docks ( BDE) Thanks, I will forward the proof as soon as I receive it! Teresa Cannon BMR Senior Clerk II AO('Of . Office: 239-252-8411 Fax: 239-252-8408 4. Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County _ 3299 Tamiami Trail E,Suite#401 k(Nr•'• Naples, FL 34112-5746 www.CollierClerk.com From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent:Tuesday, March 26, 2019 3:05 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; bellows_r<Ray.Bellows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; RodriguezWanda<Wanda.Rodriguez@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>; kendall_m<Marcia.Kendall@colliercountyfl.gov>;JorgeShayra <Shayra.Jorge@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>;VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; SaboJames<James.Sabo@colliercountyfl.gov> Subject:Ad Request for your review PL20150001366-Stella Maris Boat Docks( BDE) Good afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, /Vetaftd la ead4140114 Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iv/collierZoning. Co ier County Exceeding Expectations 1 Acct #076397 March 26, 2019 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: BDE-PL20150001366 — Villages at Stella Maris (Display Ad w/Map) Dear Legals: Please advertise the above referenced Display Ad w/Map on Friday, April 5, 2019 and send the Affidavit of Publication, in triplicate, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500190197 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on April 5, 2019 and furnish proof of publication to the attention of Minutes & Records Department, 3299 Tamiami Trail E., #401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500190197 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., April 25, 2019, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any decision of the Hearing Examiner will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356,(239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida r 1,,i ilitfl -Marcor gip 0 76 ' A' 00 y o o, d ��. tD 3 iiii�i,• 3 r m SR29 Teresa L. Cannon From: Teresa L. Cannon Sent: Tuesday, March 26, 2019 4:03 PM To: Naples Daily News Legals Subject: BDE-PL20150001366 -Villages at Stella Maris Attachments: BDE-PL20150001366 -Villages @Stella Maris (HEX 4-25-19).doc; BD-PL20150001366 (HEX 4-25-19).doc; BDE-PL20150001366 (HEX 4-25-19).pdf Legals, Please advertise the attached Display Ad w/Map on Friday,April 5,2019.Thanks Teresa Cannon BMR Senior Clerk II sort («f,.), Office: 239-252-8411 4.i.v cG, Fax: 239-252-8408 13 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County r',,f r 3299 Tamiami Trail E,Suite#401 Naples, FL 34112-5746 www.CollierClerk.com 1 Teresa L. Cannon From: NDN-Legals <legals@naplesnews.com> Sent: Wednesday, March 27, 2019 10:26 AM To: Teresa L. Cannon Subject: RE: BDE-PL20150001366 -Villages at Stella Maris 2259543 Attachments: ND-2259543.pdf External Message: Please use caution when opening attachments, clicking links, or replying to this message. Attached is your proof. From:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent:Tuesday, March 26, 2019 4:03 PM To: NDN-Legals<legals@naplesnews.com> Subject: BDE-PL20150001366-Villages at Stella Maris Lega Is, Please advertise the attached Display Ad w/Map on Friday,April 5,2019.Thanks Teresa Cannon BMR Senior Clerk II A fk Office: 239-252-8411 !`•� `•.y Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail E,Suite#401 Naples, FL 34112-5746 www.CollierClerk.com Please visit us on the web at htto://protect-us.mimecast.com/s/iDSxCo2nGOUrxPvARhV ipXM?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., April 25, 2019, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, Room 609/610, Naples Fl 34104, to consider: 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. M. • . 11111 Ell Project "-RD Location 04) 4. �R Stella Maris t R Ta —goo_' TRS E4 N _y All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any decision of the Hearing Examiner will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida ND-2259543 ❑ PROOF O.K.BY: ❑ O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT:3/27/2019 9:31 AM SALES PERSON: Gloria Kennedy PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:04/05/19 ND-2259543.INDD SIZE:3 col X 9.25 in Teresa L. Cannon To: RodriguezWanda; CasanovaAlexandra;VelascoJessica;jamessabo@colliercountyfl.gov Subject: FW: BDE-PL20150001366 -Villages at Stella Maris 2259543 Attachments: ND-2259543.pdf Please review—PL20150001366 Teresa Cannon BMR Senior Clerk II vs:01-co( Office: 239-252-8411 �z 'oto Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court * * &Comptroller of Collier County f CO( n• ��,� 3299 Tamiami Trail E, Suite#401 ����k �t � Naples, FL 34112-5746 www.CollierClerk.com From: NDN-Legals<legals@naplesnews.com> Sent: Wednesday, March 27, 2019 10:26 AM To:Teresa L.Cannon <Teresa.Cannon@collierclerk.com> Subject: RE: BDE-PL20150001366-Villages at Stella Maris 2259543 External Message: Please use caution when opening attachments, clicking links, or replying to this message. Attached is your proof. From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent:Tuesday, March 26, 2019 4:03 PM To: NDN-Legals<legals@naplesnews.com> Subject: BDE-PL20150001366-Villages at Stella Maris Legals, Please advertise the attached Display Ad w/Map on Friday,April 5,2019.Thanks Teresa Cannon BMR Senior Clerk II k� t r* ,t Office: 239-252-8411 '.,� Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail E,Suite#401 (or\IN ` Naples, FL 34112-5746 www.CollierClerk.com 1 Teresa L. Cannon From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent: Thursday, March 28, 2019 2:18 PM To: Minutes and Records Cc: RodriguezWanda; NeetVirginia; SmithCamden;VelascoJessica Subject: FW:Ad approval for your review - BDE-PL20150001366 -Villages at Stella Maris 2259543 Attachments: RE:Ad approval for your review - BDE-PL20150001366 -Villages at Stella Maris 2259543; ND-2259543.pdf Good afternoon, We have received approval from the planner below, and from the agent attached. Please review for final processing. Respectfully, ,4 exafte a eadout4G a Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Co It* C.founty Exceeding Expectations From:SaboJames Sent:Thursday, March 28, 2019 1:48 PM To: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>;Jeff Rogers<Jeff@thanaples.com> Cc: NeetVirginia<Virginia.Neet@colliercountyfl.gov>;VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; SmithCamden<Camden.Smith@colliercountyfl.gov> Subject: RE:Ad approval for your review- BDE-PL20150001366-Villages at Stella Maris 2259543 Approved. Respectfully, C. James Sabo, AICP Principal Planner Cotter County Zoning Division James.Sabo@colliercountyfl.gov 1 Teresa L. Cannon From: Jeff Rogers <Jeff@thanaples.com> Sent: Thursday, March 28, 2019 11:38 AM To: CasanovaAlexandra Cc: SaboJames; NeetVirginia;VelascoJessica; SmithCamden Subject: RE:Ad approval for your review - BDE-PL20150001366 -Villages at Stella Maris 2259543 Approved. Thank you Regards, Jeff Rogers Project Manager Turrell,Hall&Associates,Inc. Marine&Environmental Consulting 3584 Exchange Ave.Ste.B. Naples,FL.34104-3732 Phone:(239)643-0166 Fax:(239)643-6632 Web:www.turrell-associates.com Turrell, Hall & -- .-- mmine ens, ., . THE INFORMATION CONTAINED IN THIS TRANSMISSION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, WORK PRODUCT AND/OR EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT (OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT), YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US BY TELEPHONING US (COLLECT) AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE AT OUR EXPENSE. From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent:Thursday, March 28, 2019 9:18 AM To:Jeff Rogers<Jeff@thanaples.com> Cc: SaboJames<James.Sabo@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>; VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov> Subject:Ad approval for your review- BDE-PL20150001366 -Villages at Stella Maris 2259543 Jeff, Advertisement for: Stella Maris Boat Docks (BDE), PL20150001366for the HEX on 4/25/2019 The public notice ad for Naples Daily is attached for your approval. If you wish to revise any portion of it (specifically the title), please respond with strike through and underline as to your proposed revision, which we will forward to the County Attorney for a decision. If you approve the ad, please reply approved. If advertisement is approved after COB Friday March 29, 2019 your item may be continued. Respectfully, ,4€ezaget44 eadamova Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 1 Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Thursday, March 28, 2019 2:25 PM To: Minutes and Records Cc: CasanovaAlexandra; SmithCamden;VelascoJessica Subject: RE:Ad approval for your review - BDE-PL20150001366 -Villages at Stella Maris 2259543 This proof is good to go for us also. Wanda Rodriguez, ACP, CRIvi Office of the County Attorney (239) 252-8400 From: CasanovaAlexandra Sent:Thursday, March 28, 2019 2:18 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>;VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Subject: FW:Ad approval for your review- BDE-PL20150001366-Villages at Stella Maris 2259543 Good afternoon, We have received approval from the planner below, and from the agent attached. Please review for final processing. Respectfully, "itexe#edra ea 4°444 Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iv/CollierZoning. Co r County Exceeding Expectations From:SaboJames Sent:Thursday, March 28, 2019 1:48 PM To:CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>;Jeff Rogers<Jeff@thanaples.com> Cc: NeetVirginia <Virginia.Neet@colliercountvfl.gov>;VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; 1 Teresa L. Cannon To: NDN-Legals Subject: RE: BDE-PL20150001366 -Villages at Stella Maris 2259543 Legals, Proof for Ad#2259543 looks good, OK to run.Thanks Teresa Cannon BMR Senior Clerk II \0_x 1<o�;Rr Office: 239-252-8411 ` �(c2� Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail E,Suite#401 �!�'rct,imr�.` �� Naples, FL 34112-5746 www.CollierClerk.com From: NDN-Legals<legals@naplesnews.com> Sent:Wednesday, March 27, 2019 10:26 AM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Subject: RE: BDE-PL20150001366-Villages at Stella Maris 2259543 External Message: Please use caution when opening attachments, clicking links, or replying to this message. Attached is your proof. From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent:Tuesday, March 26, 2019 4:03 PM To: NDN-Legals<legals@naplesnews.com> Subject: BDE-PL20150001366-Villages at Stella Maris Legals, Please advertise the attached Display Ad w/Map on Friday,April 5,2019.Thanks Teresa Cannon BMR Senior Clerk II , Office: 239-252-8411 '',� Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court • &Comptroller of Collier County 3299 Tamiami Trail E, Suite#401 t„ 1,034S•`�4S• 4rx��t' Naples, FL 34112-5746 www.CollierClerk.com • 24A u FRIDAY, APRIL 5, 2019 C NAPLES DAILY NEWS . NOTICE OFfUBLIONHEARING tice is hereby given that.aa-publc $ be he M. bo wCounty Hearing Examiner (HEX) at 9:11' IVB., April , 2019, in ti e Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, Room 609/610, Naples Fl 34104,to consider: 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. IL _ Project oR13641 Location 4. Stella Maris R• —547 arn1,71:?TR 0 y All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. • The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any decision of the Hearing Examiner will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, $ which record includes the testimony to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida ND-A35S5C 4 ?'apLrø Battu rwø NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 2259543 BDE-PL20150001366 4500190197 Pub Dates April 5,2019 , • Clj"-/ Alaht (Sig 2 ure of affiant) I ..,s•— ••aurarisahariv KAROLEKANGAS I 4 ; NotayPublk-State of%id. Sworn to and subscribed before me 4r4Commission IfGG126W7 This April 05,2019 •I •„. ,,".. MyCumm.Eaplr.JidM,2011 I p I , .. amatatlaaaahwaawtkUykn I ,„,„..f f Oi/Aer (Signature of affiant) 24A I FRIDAY,APRIL 5,2019 I NAPLES DAILY NEWS """"""Official 1"`a° peen NOTICE OF PUBLIC HEARING rept-Cwmty 1 mei Development Code Ordenmre Ivrsoant rc Section 10.03 OP P ar the Collier Comnty Land Development Code luxe.public notice a hereby Own of Notice is hereby given that a public hearing will be held by the Collier anofficial interpretaoon. County Hearing Examiner(HEX)at 9:00 A.M.,April 25,2019,in the REQ INTP2019-PL-0062,OFFICIAL INTERPRETATION REQUESTING THE COLLIER COUNTY ZONING HearingExaminer's MeetingRoom,at 2800 North Horseshoe Drive,Room DIRECTOR DETERMINE WHETHER THE VINEYARDS PUD AND THE PLANNING APPROVALS FOR THE GROVES AND THE ORCHARDS REQUIRE MULTIPLE ACCESS POINTS AT VANDERBILT BEACH 609/610,Naples FL 34104,to consider: ROAD AND AIRPORT-PULLING ROAD,THEREBY REQUIRING THE PIPERS GROVE SUBDIVISION TO PROVIDE ACCESS TO THE ORCHARDS SUBDIVISION THROUGH OLD GROVES ROAD TO AIRPORT- PETITION NO. BDE-PL20170000557 - AUDUBON COUNTRY CLUB PULLING ROAD. FOUNDATION, INC. REQUESTS A DOCK FACILITY EXTENSION OVER THE MAXIMUM 20 FEET ALLOWED BY SECTION 5.03.06 OF Project THE LAND DEVELOPMENT CODE, FOR A TOTAL PROTRUSION OF Project 433.6 FEET FROM THE PROPERTY LINE AND 66 FEET FROM THE D Vanderbilt Beach RE l' MEAN HIGH WATER LINE,TO ACCOMMODATE A NEW BOARDWALK a AND OBSERVATION DECK FOR THE BENEFIT OF THE AUDUBON O o e COUNTRY CLUB COMMUNITY WHICH WILL ACCESS THE -r ,,,,,„„sS n_ BOARDWALK ON TRACT A OF THE AUDUBON COUNTRY CLUB, °""`"a UNIT THREE-ADDITION SUBDIVISION, LOCATED SOUTHWEST OF F z AUDUBON BOULEVARD,APPROXIMATELY ONE HALF MILE WEST OF i VANDERBILT DRIVE, IN SECTION 8,TOWNSHIP 48 SOUTH,RANGE ca 0 25 EAST,COLLIER COUNTY,FLORIDA. e g The Collier County Zemmg D,,Wr haw been,requested to render an official interpmatine for the Vineyards PUD ec a.didga aattPoieb points cmi a.s,iabihl1 lie all development within the Vineyards'ED to M able W utilise all PROJECT g Within the request for the Official Interpretation,yoin qqu raise five pomrt LOCATION • a.; I. and it has been amended .. �e Vineyards l limes Tawas a g substantialthe pPULS amendment sppeucemn.The tied y nce is the BOCCSin 1991. rdina cit 9145 approved by states the following on page and Miscellaneous:pro"Aaat to the eonpoi.of shall es taaa,aca to those cart points shover on Exhibits A-1 and A-2 hereto,provided that the Ivcation of the ace®to commemiJ pv,Ma shall be approved by the n,Gedry Engineer." ) y d Exhibits A-1 and A-2 from Orth 91-75 are enclosed as Exhibit I.'Mow V exhibits ekarty how that all / 4 a west f Livingston Road are supposed to have access Sc both Vanderbilt Beach Road and / 6f Aitrypoo.Pu1M1ng Road ..°R 2.Dated rhe Piper,a Planned wbdlva e.,svallee a avdu f the Traesponatioe plan-g staff '4 '^a. (Lrated that the subd.h'ioe ue plan ProvM totertnmatrm a the adlacenr tear res rhe ,flee.The §a to ards; r 3.The Sire Development Plan for the Oabards reviewed by the CCPC contained a memorandum which stated, •"ao,AY t the proposed subdivafn a from Vanderbilt Beach Road....And Airport-Polling mad.. '+'"r 4.Within the plat for Pipers Grove One,within the general norm,the plat states"Old Groves Road u subject to 6VS in favor of Pro®ad Bros.Sales Corporation.a Pennsylvania corporation.their auaawn and an easement ansowner of a contiguous tract consisting of approximately 84 sera to the east of Pipers Grove for - " vehicular and pedestrian access and cgras.pursuant to a Declaratron of Restaetiona recorded at O.R.Book 1898. ' a Paagteesa2308-23DIaes,eaciERocords oe Coda Cnmry Fl oma" All interestedparties are invited to appear and be heard.All materials Raerev a nahtariie of F enrrot,yen reed no naanber 29,1993.within O.R.Ronk 1898,Page lane, pp 5. Cpmollier ceunty Florian Publk Records The t i dicazed point frac used in presentation before the Hearing Examiner will become a provide fora access in favor of Tram B,C and D(the Orchards)W Airport-Pulling Road through'OM permanent part of the record. As yea haweesindlcated within your mut pow of the Official Imerpraalion the Vineyards PUD a the...troll, Copies of staff report are available one weekprior to the hearing.The file regulatory document for the Orchards Piper's Grove One and Piper's Grove Tbro.From,¢view of the Original PUD P P (Ordinance 85.15)and subsequent amrndments lord 91-05and Ord 95-621.the PUD ei devoid of apmfieconmatmenta can be reviewed at the Collier County Growth Management Department, that all mss points must be made available to each development tract within the PUD.Within the Master Plans for Zonin Division,ZoningServices Section,2800 North Horseshoe Drive, the wmoua iterations of the PI TS anhrerconnard at'U systemup Jed for,but the,a no pmvianv that permits 9 ,s the placement of gate within the internal PUD.This lack of information designating the location of gates Naples,FL. or common most PUDs,u the internal strata are private and maintained by a homeowner%association. Further oacc according W the subdivision plat,Old Groves Road is a private road°appropriate there h no Community The HearingExaminer's decision becomes final on the date rendered. Development District for the Vineyard.therefore,there are no public or quasi-public road.The easement reference thinoR.Book 1898,Page 2308.Collier county.Elotida Public Records.M favor of Pro:.,Bras Sala Corpmaaon. Any person who decides to appeal any decision of the Hearing Examiner PP®°aylvaniaeoeperatiogmeaauaaannavdassia�aa,, ovmvofacomigue"soSct wmistwgofapproxwatdrs° will need a record of the proceedings pertainingthereto and therefore, he cast of Piper's Grovefrva,icuhr and pcditan access and egress n a,4s to mcemcnt between two parties P 9 rhe requa.w official interpretation seeks al5fnstion then,either the vineyards Pun or Cater County Land may need to ensure that a verbatim record of the proceedings is made, Development Code(LDC)require that the Orchards community a provided seems through Old Grooves Road and which record includes the testimony to evidence upon which the appeal from 'env of both document,thereo such env meet r requirement. Whir the Vineyard,PI ID and Master Plan depkh the roadwaysOD will thde elopment,both are silent to thloction of gales and a commitment that all is based. development within the PUD"ill be provided access to all the deputed roadways. Within 30 days of publication of the public notice any affected property owner or aggriwed or adversely affected If you are a person with a disability who needs any accommodation in user eery appeal the interpretative W the Board of Zoning Appeals rBZA).An arts!,,,pmrceny X:rf,a Jehnd order to participate in this proceeding,you are entitled,at no cost to you, v d property. woad 3W hist of the,,say Y lista or the 1p o it whish roe woerp a m calcine.M agg��a tr aaac,aely ax d pray s defined u any paws o!5 p of pecans whiA will snmRer an aaaaw aft to the provision of certain assistance.Please contact the Collier County to tat°emoted or furthered by the Cufr C47enr5rowth Mavageimem PW or Laud Dew:rent Code.A Facilities Management Division located at 3335 Tamiami Trail East,Suite rreeqq m fmr aoKar back-up filed rmati and dost hal the appeal. ,he appeal must b tae envy p ted li ssmm,d, exM1ibiq or other bazk-tp information rn support hal the.ppm.rhe rip d mint x aaompanka err.sl.eoo iso 101,Naples,Florida 34112-5356,(239)252-8380,at least two days prior e(❑Ca.,tion aaseesleawppeslasabehma,vaandoeosdadcc ayatlauasaeebsnnnn me colha r:e"°ty1B:nt to the meeting. hf Connex arse)A p y a be Kayo obarrq o ons on �at n at the adders provided.Please do not g hal es should you have any further questions other The wteropmriso file and other pertivwt information rented W then iaterpretatioa are kept esu 1k and may be reviewed Mark Strain, ithe Growth Managrne s Dia,on Phoning and Regulation building at 2800 Norah I you arse Drive.Naples FL aioa.Pk.aewada me staff member below at(z391zs�g19,��et"p an appowtmwtsyn"wahmtd�ie.ma fele Chief Hearing Examiner Mad Bga 111iI,cox Collier County,Florida panmmrl d� ,warns, NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,April 25,2019,in the County Hearing Examiner(HEX)at 9:00 A.M.,April 25,2019,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, 609/610,Naples Fl 34104,to consider: Room 609/610,Naples Fl 34104,to consider: PETITION NO. BDE-PL20150001366-VILLAGES AT STELLA MARIS PETITION NO.BD-PL20180001843-GODFREY AND PATRICIA MASTER ASSOCIATION, INC. REQUEST A 10 FOOT BOAT DOCK TURNER REQUEST A 57.5-FOOT BOAT DOCK EXTENSION OVER EXTENSION OVER THE MAXIMUM 20 FEET LIMIT IN SECTION 5.03.06 THE MAXIMUM 20 FEET ALLOWED BY SECTION 5.03.06 OF THE OF THE LAND DEVELOPMENT CODE FOR A TOTAL PROTRUSION LAND DEVELOPMENT CODE,FOR A TOTAL PROTRUSION OF 77.5 OF UP TO 30 FEET TO ACCOMMODATE A MAXIMUM 68 SLIP MULTI- FEET,FOR A BOAT DOCK FACILITY WITH ONE BOAT SLIP AND FAMILY DOCKING FACILITY FOR THE BENEFIT OF THE VILLAGES AT A KAYAK PLATFORM LOCATED AT 26 DOLPHIN CIRCLE,ON THE STELLA MARIS CONDOMINIUM UNITS WITHIN TRACTS M-1 AND WEST SIDE OF DOLPHIN CIRCLE,NORTH OF PELICAN STREET M-2 OF STELLA MARIS, LOCATED IN PORT OF THE ISLANDS, ON WEST,IN SECTION 31,TOWNSHIP 51 SOUTH,RANGE 26 EAST, THE WEST SIDE OF CAY DRIVE, JUST SOUTH OF TAMIAMI TRAIL COLLIER COUNTY,FLORIDA. EAST(U.S.41)IN SECTION 9,TOWNSHIP 52 SOUTH,RANGE 28 EAST, COLUER COUNTY,FLORIDA. eB(6O \ (i6N Oji Project ---- Y �Rl) Location egg 7c m Stella Maris 712 8 a m DI fir)�h"L-Ey PROJECT Gia cocp e i All interested parties are invited to appear and be heard. All materials All interested parties are invited to appear and be heard.All materials used in presentation before the Hearing Examiner will become a Permanent part of the record. used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. Copies of staff report are available one week prior to the hearing.The file The file can be reviewed at the Collier County Growth Management can be reviewed at the Collier County Growth Management Department, Department,Zoning Division,Zoning Services Section,2800 North Zoning Division,Zoning Services Section,2800 North Horseshoe Drive, Horseshoe Drive,Naples,FL. Naples,FL. The Hearing Examiner's decision becomes final on the date The Hearing Examiner's decision becomes final on the date rendered. rendered.Any person who decides to appeal any decision of the Any person who decides to appeal any decision of the Hearing Examiner Hearing Examiner will need a record of the proceedings pertaining will need a record of the proceedings pertaining thereto and therefore, thereto and therefore,may need to ensure that a verbatim record may need to ensure that a verbatim record of the proceedings is made, of the proceedings is made,which record includes the testimony to which record includes the testimony to evidence upon which the appeal is based. evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you, order to participate in this proceeding,you are entitled,at no cost to to the provision of certain assistance.Please contact the Collier County you,to the provision of certain assistance. Please contact the Collier Facilities Management Division located at 3335 Tamiami Trail East,Suite County Facilities Management Division located at 3335 Tamiami Trail 101,Naples,Florida 34112-5356,(239)252-8380,at least two days prior East,Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least to the meeting. two days prior to the meeting. Mark Strain, Mark Strain, Chief Hearing Examiner Chief Hearing Examiner Collier County,Florida Collier County,Florida Bb-PL20180001843 4/25/19 Teresa L. Cannon Turner Boat bock Ext. From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent: Tuesday, March 26, 2019 3:13 PM To: Minutes and Records Cc: Ann P.Jennejohn; bellows_r; BosiMichael; RodriguezWanda; NeetVirginia;JorgeShayra; SmithCamden;VelascoJessica; SaboJames Subject: Ad request for your review - Turner( BDE) PL20170000557 Attachments: 2 x 3 Ad Map.pdf;Ad Request.docx; Signed Ad Request.pdf Good afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Co -ter County Exceeding Expectations Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 March 26, 2019 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on April 5, 2019 and furnish proof of publication to the attention of James Sabo, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The aavertisernent MUS1 NOT BE placed in that portion of the newspaper where classified a kertisements appear, `lease reference the following on ALL Invoices DIVISION: ZONING [Zoning Services Section) FUND& COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500190197 Account Number: 076397 r 7/"`?..,-, --- Authorized Designee signature for HEX Advertising PLPL20180001843 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M.,April 25,2019, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104,to consider: 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any decision of the Hearing Examiner will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356,(239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida afl78_ mv0 ate. m O W 04 / 7g - °Lo J Teresa L. Cannon From: Minutes and Records To: CasanovaAlexandra Subject: RE:Ad request for your review - Turner ( BDE) PL20170000557 Thanks, I will forward the proof as soon as I receive it. Teresa Cannon BMR Senior Clerk II Couto, Office: 239-252-8411 Fax: 239-252-8408 4. Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail E,Suite#401 e/F O k<<,�Tr �ti Naples, FL 34112-5746 www.CollierClerk.com From:CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent:Tuesday, March 26, 2019 3:13 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn<Ann.Jennejohn@collierclerk.com>; bellows_r<Ray.Bellows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>;JorgeShayra <Shayra.Jorge@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; Sabolames <James.Sabo@colliercountyfl.gov> Subject:Ad request for your review-Turner( BDE) PL20170000557 Good afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, ,41ez ed44 eadouto a Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. +moo > rCounty Exceeding Expectations 1 Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Tuesday, March 26, 2019 3:24 PM To: Minutes and Records Cc: CasanovaAlexandra; SmithCamden;VelascoJessica; SaboJames Subject: RE:Ad request for your review - Turner ( BDE) PL20170000557 This ad request is good. Wanda Rodriguez, ACP, CRM Office of the County Attorney (239) 252-8400 From:CasanovaAlexandra Sent:Tuesday, March 26, 2019 3:13 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn<Ann.Jennejohn@collierclerk.com>; BellowsRay<Ray.Bellows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; RodriguezWanda<Wanda.Rodriguez@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>;JorgeShayra <Shayra.Jorge@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>;VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; SaboJames <James.Sabo@colliercountyfl.gov> Subject:Ad request for your review-Turner( BDE) PL20170000557 Good afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, X41 ezeutC�Jt6L e14G-4 Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iv/CollierZoning. Co ier County Exceeding Expectations 1 Acct #076397 March 26, 2019 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: BD-PL20180001843 — Turner Boat Dock Ext. (Display Ad w/Map) Dear Legals: Please advertise the above referenced Display Ad w/Map on Friday, April 5, 2019 and send the Affidavit of Publication, in triplicate, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500190197 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on April 5, 2019 and furnish proof of publication to the attention of Minutes & Records Department, 3299 Tamiami Trail East, #401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500190197 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., April 25, 2019, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any decision of the Hearing Examiner will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida 21/ �olp`' n fro v 4 y--`a`pr\ y�T 2(3, co Collier BLVD Teresa L. Cannon From: Teresa L. Cannon Sent: Tuesday, March 26, 2019 4:02 PM To: Naples Daily News Legals Subject: bd-p120180001843 - Turner Attachments: BD-PL20180001843 - Turner(HEX 4-25-19).doc; BDE-PL20180001843 (HEX 4-25-19).doc; BD-PL20180001843 (HEX 4-25-19).pdf Legals, Please advertise the attached Display Ad w/Map on Friday,April 5,2019.Thanks Teresa Cannon BMR Senior Clerk II c 0/f?„ Office: 239-252-8411 Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail E,Suite#401 r���`'k<<x'nn` ��� Naples, FL 34112-5746 www.CollierClerk.com i Teresa L. Cannon From: NDN-Legals <legals@naplesnews.com> Sent: Wednesday, March 27, 2019 10:25 AM To: Teresa L. Cannon Subject: RE: bd-p120180001843 - Turner Attachments: ND-2259540.pdf External Message: Please use caution when opening attachments,clicking links, or replying to this message. Attached is your ad proof. Than you From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent:Tuesday, March 26, 2019 4:02 PM To: NDN-Legals<legals@naplesnews.com> Subject: bd-p12O18OOO1843 -Turner Lega Is, Please advertise the attached Display Ad w/Map on Friday,April 5, 2019. Thanks Teresa Cannon BMR Senior Clerk II _t„,•0 4.eK Rr Office: 239-252-8411 ,e• .,r Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County Pf. 3299 Tamiami Trail E, Suite#401 fir' ors1 '� Naples, FL 34112-5746 www.CollierClerk.com Please visit us on the web at htto://protect-us.mimecast.com/s/OSIpC68x3RHrQ0pNGSmfWD3?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error,please notify the Clerk's Office by emailing helpdesk@collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., April 25, 2019, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples Fl 34104, to consider: 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. r/e! LO ' JO m� mQ -a�s i� m� PROJECT LOCATION V° All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any decision of the Hearing Examiner will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No-22.500 ❑ PROOF O.K.BY: ❑ O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT:3/27/2019 9:30 AM SALES PERSON: Gloria Kennedy PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:04/05/19 ND-2259540.INDD SIZE:3 col X 9.25 in Teresa L. Cannon To: RodriguezWanda; CasanovaAlexandra;VelascoJessica; gilbertmartinez@colliercountyfl.gov Subject: FW: bd-p120180001843 -Turner Attachments: ND-2259540.pdf Please review—PL20180001843 Teresa Cannon BMR Senior Clerk II *con c ocki Office: 239-252-8411 • 4'`64 Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County re.„, 3299 Tamiami Trail E, Suite#401 �R c oil,1,IN• Naples, FL 34112-5746 www.CollierClerk.com From: NDN-Legals<legals@naplesnews.com> Sent:Wednesday, March 27, 2019 10:25 AM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Subject: RE: bd-p120180001843 -Turner External Message: Please use caution when opening attachments, clicking links, or replying to this message. Attached is your ad proof. Than you From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent:Tuesday, March 26, 2019 4:02 PM To: NDN-Legals<legals@naplesnews.com> Subject: bd-p120180001843 -Turner Legals, Please advertise the attached Display Ad w/Map on Friday,April 5,2019. Thanks Teresa Cannon BMR Senior Clerk II Office: 239-252-8411 Fax: 239-252-8408 ~` f4 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail E, Suite#401 or Naples, FL 34112-5746 www.CollierClerk.com 1 Teresa L. Cannon From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent: Thursday, March 28, 2019 2:24 PM To: Minutes and Records Cc: RodriguezWanda; NeetVirginia; SmithCamden;VelascoJessica Subject: FW:Ad approval for your review - bd-p120180001843 - Turner Attachments: Re:Ad approval for your review - bd-p120180001843 - Turner; ND-2259540.pdf Good afternoon, We have received approval from the planner below, and from the agent attached. Please review for final processing. Respectfully, Tztextvua L eadamitiot Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iv/CollierZoning. Co ver County Exceeding Expectations From:SaboJames Sent:Thursday, March 28, 2019 1:48 PM To: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; Bernice Clark <bernicelimperialmarine@yahoo.com> Cc: NeetVirginia <Virginia.Neet@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Subject: RE: Ad approval for your review- bd-p120180001843 -Turner Approved. Respectfully, C. James Sabo, AICP Principal Planner CO ier County Zoning Division James.Sabo@colliercountyfl.ciov 2800 North Horseshoe Drive, Naples Florida 34104 1 Teresa L. Cannon From: Bernice Clark <bernicel imperialmarine@yahoo.com> Sent: Thursday, March 28, 2019 2:02 PM To: CasanovaAlexandra Subject: Re:Ad approval for your review - bd-p120180001843 - Turner Approved. Thank you Sincerely, Bernice Clark Imperial Marine Construction, Inc 601 East Elkcam Circle, Suite B2 Marco Island, FL 3414 Office: 239-272-6952 Cell: 239-272-3152 On Thursday, March 28, 2019, 9:36:34 AM EDT, CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> wrote: Bernice, Advertisement for: TURNER (BDE), PL20180001843 for the HEX on 4/25/2019. The public notice ad for Naples Daily is attached for your approval. If you wish to revise any portion of it(specifically the title), please respond with strike through and underline as to your proposed revision, which we will forward to the County Attorney for a decision. If you approve the ad, please reply approved. If advertisement is approved after COB Friday March 29, 2019, your item may be continued. Respectfully, 1 Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Thursday, March 28, 2019 2:26 PM To: Minutes and Records Cc: CasanovaAlexandra; SmithCamden; VelascoJessica Subject: RE:Ad approval for your review - bd-p120180001843 - Turner This proof is good for our office also. Wanda Rodriguez, .ACP, CTJ%4 Office of the County Attorney (239) 252-8400 From: CasanovaAlexandra Sent:Thursday, March 28, 2019 2:24 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>;VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Subject: FW:Ad approval for your review- bd-p120180001843 -Turner Good afternoon, We have received approval from the planner below, and from the agent attached. Please review for final processing. Respectfully, 24,1ezawdna eameocia, Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples, FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanovan«colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. o#41* County Exceeding Expectations From: SaboJames Sent:Thursday, March 28, 2019 1:48 PM To: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; Bernice Clark <bernicelimperialmarine@yahoo.com> Teresa L. Cannon From: Teresa L. Cannon Sent: Thursday, March 28, 2019 2:29 PM To: Naples Daily News Legals Subject: RE: bd-p120180001843 - Turner Legals, The proof for Ad#2259540 looks good,OK to run.Thanks Teresa Cannon BMR Senior Clerk II 00`1}1ry- 7u:'k;$ Office: 239-252-8411 `Qy Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Y Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail E,Suite#401 r<x„r,` Naples, FL 34112-5746 www.CollierClerk.com From: NDN-Legals<legals@naplesnews.com> Sent: Wednesday, March 27, 2019 10:25 AM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Subject: RE: bd-p120180001843 -Turner External Message: Please use caution when opening attachments, clicking links, or replying to this message. Attached is your ad proof. Than you From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent:Tuesday, March 26, 2019 4:02 PM To: NDN-Legals<legals@naplesnews.com> Subject: bd-p120180001843 -Turner Lega Is, Please advertise the attached Display Ad w/Map on Friday,April 5,2019.Thanks 1 • 24A ® FRIDAY,APRIL 5, 2019 B NAPLES DAILY NEWS �- ';.OTICE OF PUB IC HEARIMCay: r. . l 'tea , N ,�,. � r& iN >. T} 'Y �. s i• �s �r ;. :n that a public hearing will t o Meld by The olfia 10. ; , X t :miner(HEX)at 9:00 A.M.,April 25,2019,in the W ilteetii g Room, at 2800 North Horseshge Rohm 11' �4,1'2 •les Fl 34104,to consider " PO—J.3M, iv '120180001843-GODFREY AND 1A TLJt1 > Ill- A 57.5-FOOT BOAT DOCK EXTENSI JV E TI-I trfl r EET ALLOWED BY SECTION 5.03.01; ! TPIE - LAND 'z ' NT CODE, FORA TOTAL PROTRUSION OF 77,5 Fat, FOR : - '.BOCK FACILITY WITH ONE BOAT SLIP AND A KRAKilktAtFORM LOCATED AT 26 DOLPHIN CIRCLE; ON THE WEST SIDE OF DOLPHIN CIRCLE, NORTH OF PELICAN STREET I . WEST,.IN SECTION 31, TOWNSHIP 51 SOUTH, RANGE 26 EAST, • COLUECI COUNTY, FLORIDA. /4, i �/ 13 PROJECT m LOCATION All interest- parties are invited to appear and be heard /Om used in presentation before the Hearing Examiner'will become a i permanent part of the record. Copies of staff report are available one week prior toihe r v n The file can be reviewed at the Collier County Growth` Department,Zoning Division,Zoning Services Section,281-5 "i Horseshoe Drive, Naples, FL. - ' ��`• The Hearing Examiner's decision becomes final on the ddt 4i 4? rendered.Any person who decides to appeal, w ,_' • ` ^� Hearing Examiner will need a record of the p thereto and therefore, may need to ensure tha ave •„a �4r,. of the proceedings is made,which record includes the testimony to evidence upon which the appeal is based. If you are a person with a disability who needs any acco , ••ati• e;:in, order to participate in this proceeding,you are entitled, you,to the provision of certain assistance. Please • County Facilities Management Division located at 33 . :1 } East, Suite 101, Naples, Florida 34112-5356, (239),2521,:'' `� atiest two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida • NapLrNapirs Battu rwt NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 2259540 BD-PL20180001843 4500190197 Pub Dates April 5,2019 L& Mz'i (Sign ture of affiant) `▪ ;a:" KAKOLEKA GAS I Notary Pudk-Rate of Roddy Sworn to and subscribed before me conanl�lOflt o+i This April 05,2019 `a▪''`/` MyComm•Eapireld29'2021 p ••.« ,,., apdaathroKomm o**Oast\.43.10/ (Signature of affiant) 24A I FRIDAY,APRIL 5,2019 I !S DAILY NEWS Notice"rOfficial l„ternda""° NOTICE OF PUBLIC HEARING ra9ier County Laude...rode Ordmam Pnnauant In Section 1003.06.P of the ColhL,County Land Duelopment ado awl.public notice in hereby give„or Notice is hereby given that a public hearing will be held by the Collier °official interpretation. County Hearing Examiner(HEX)at 9:00 A.M.,April 25,2019,in the RE:INTP.2019-PL-0062,OFFICIAL INTERPRETATION REQUESTING THE COLLIER COUNTY ZONING HearingExaminer's MeetingRoom,at 2800 North Horseshoe Drive,Room DIRECTOR DETERMINE WHETHER THE VINEYARDS PUD AND THE PLANNING APPROVALS FOR THE GROVES AND THE ORCHARDS REQUIRE MULTIPLE ACCESS POINTS AT VANDERBILT BEACH 609/616 Naples FL 34104,to consider: ROAD AND T-PULWNG ROAD,THEREBY REQUIRING THE PIPERS GROVE SUBDIVISION TO PROVIDE ACCESSCESS TO THE ORCHARDS SUBDIVISION THROUGH OLD GROVES ROAD TO AIRPORT. PETITION NO. BDE-PL20170000557 - AUDUBON COUNTRY CLUB PULLING xoAD. FOUNDATION, INC. REQUESTS A DOCK FACILITY EXTENSION OVER THE MAXIMUM 20 FEET ALLOWED BY SECTION 5.03.06 OF Project THE LAND DEVELOPMENT CODE, FOR A TOTAL PROTRUSION OF Location 433.6 FEET FROM THE PROPERTY LINE AND 66 FEET FROM THE `D Vanderbilt Beach RD MEAN HIGH WATER LINE,TO ACCOMMODATE A NEW BOARDWALK 9 AND OBSERVATION DECK FOR THE BENEFIT OF THE AUDUBON 0: 11111 ------ f, (V COUNTRY CLUB COMMUNITY WHICH WILL ACCESS THE ?.i ,MEVPRe S BOARDWALK ON TRACT A OF THE AUDUBON COUNTRY CLUB, I va.E,.an, UNIT THREE-ADDITION SUBDIVISION, LOCATED SOUTHWEST OF P AUDUBON BOULEVARD,APPROXIMATELY ONE HALF MILE WEST OF VANDERBILT DRIVE, IN SECTION 8,TOWNSHIP 48 SOUTH, RANGE o c 25 EAST,COLLIER COUNTY,FLORIDA. e The Collier County Zoning Director has been requested to render an official interpretation for the Vineyards PUD regarding mqutr,.d access pants and availability for all d clopmot within the Vineyards PUD to M able an utilise all PROJECT required aunts points. Within the request for the Official Interpretation,you raise five points: LOCATION lb, u_ry I.The Vineyards PID govema the property in question The original ordinance is x5-15,and it has hew amended • several time There was a substantial PUD amendment approved by the BOCC A 1991.Ordinance 91-75 states the following op page 46,Miscellaneous:,"Access to the project shall be restricted te thou areas pointe shown on Exhibits A4 and A-2 hereto.provNed that the location of the access to eommemial parcas shall be approved by the County Engin t,, ExhibitsAI and A-2 from Ordm 91-TS are enclosed as Exhibit 3.Zhou exhibits deafly show that all / psi communitiesof Livingston Road are supposed to have access to both Vanderbilt Beach Road and i 6f AuryryPtdkng Road. 2.stated that Pt a Grmsplamed mbdivu approval.a memorandum form the Traasnatio°plav°i°g staff �9° thesubdivision este plan provide mt<sc m to the adjacent tractto the mer(te.The Aro OrcThe Site 3."aanaaa l the proposed Plan for thefrom Orchards reviewed bea the CadPC contained a memorandum which stated, --'a hagwro h propoPp as Grove n from Vanderbilt n Bauch Road....And are Airport-Pulling road.." 4.Within the plat for Piper's Grove Ono,within Ce gaol note,the plat etas,"OldnoaGrovesh Road u sn,aa to an n fan of rr«aw Bron.Saks Corporation.a P.y In sit,corporation.their a d assiyu wtuwvc ofra co.tiguou r g f app telt ed acro to thereat of Pipda GroveafZ vehicular and pedetm and cgsoa pus aDalantion ot'Ratrictimsr¢oNed at O.R.Book 1898. P.gesung-."g:.T.P hc,r raaofcortde°ty,Floriaa•' All interested parties are invited to appear and be heard.All materials 5.Cdei Dty, Fon of F.Public,Records nn narember 29..,.Ia indicated O.R.&ak 1A9 p Inge ro r, PP comR or 0ece Floa o T Konrad. The m nhoist "lel used inpresentation before the Hearing Examiner will become a p�ytd<a for aaaa in favor of Tract B,C dna n(m<Orchards)to Airport-Pulling Rota through“Old permanent part of the record. Aa you hay'indica'''within your era'poi.of th'''''''''1"","'"''''"'the Vin'yama PUD n.''""wiring Copies of staff report are available one weekprior to the hearing.The file regulatory document for the Orchards,Piper's Grove the and Piper's Grove Two From review M the Original PUD P P (Ordinance 85.15)avd subsequent amendments lord 91.35 and Ord 95dca2).thc PUD devoid of sppfie route..a can be reviewed at the Collier County Growth Management Department, that all access points must he made available to each development tract within the Piro.Within the Muter Playa 6r Zonin Division,ZoningServices Section,2800 North Horseshoe Drive, the various iterations of the Firth an interconeected street system is provided for but there s no provision that permits 9 or restricts the place...of gates within the i°temal PUD.This lack of information designating Me location of pus Naples,FL. commonis to most u PUDs, the internal streets are private and maintained byeo homwner%assume.. Further according to the subdivision pl, road.-Old Groves Road is a private Further.there is no Community The Hearin Examiners decision becomes final on the date rendered. Development District for the Vineyards,therefore there are no public or quasrpublic roads.The easement referenced 9 athin OR.Book 1898,r.2308.colxaconnly,rlondawblicRanrdeA favor aProc..Bre,Saks Corporation. Any person who decides to appeal any decision of the Hearing Examiner Peennsylvaniacoapo ov their suc suss andasiioa an owner of a contiguous tract consisting of approximately 84 will need a record of the proceedings pertainingthereto and therefore, he cant of Piper's Grove for tcular and peduma°access and egress is a Ovate uume°t betwin two partied. P 9 ma requested nmeid Aterprerainv seeks afrmed.n that either the Vineyards run o..P.mer coaly Land may need to ensure that a verbatim record of the proceedings is made, Development Code(LDC)requires that the(Diehards community u provided access through Old Grooves Road and which record includes the testimony to evidence upon which the appeal from renew of both docummu,there's rl such enmmtmevt or,In the While the Vineyards PI In and Mater Plan depicts the roadways within the development,both are silent to the bmtion of gats and a commitment that all is based. development within the PUD will be provided access to all the depicted roadways. Within 30 days of publication of the public notice,any affected property owner or aggrieved or adversely affected If you are a person with a disability who needs any accommodation in party may appeal the interpretation to the Board of Zoning Appeals(BZA).An affected property outer s defined order to participate in this proceeding,you are entitled,at no cost to you, m f property within 300 fat of the property line of the land for which the interpretation u effective.Au aggrieved or adversely affected Porry is aerated as any person o. p of panus which will suffer an adverse effect to the provision of certain assistance.Please contact the Collier County ren pmmered or funk,--by rad or"i Managemem I,or land Dev'remni Code.A Facilities Management Division located at 3335 Tamiami Trail East,Suite eaaqq uf�r appeal,ma he fillwwnmgdad amt nate the hutsfnt the appealand include any penin..wf rmatiom xhibits os off.hack-up infer eafion m support of the appal.The a'p'peal must he areompanied by a 51,000.00 101,Naples,Florida 34112-5356,(239)252-8380,at least two days prior a(Clicationaoaa,a)aingf«(,,,,h,antumtheformoftlydlo allat�dbe made ouuo thecoma eomtyeoaol to the meeting. fitammi comas.)ss ot,dycan have any further odmsmattention at the addrae provided.rimae do not 9 hesitate to contact me should you have airy funher quwtims on this Caner Theiutetpreationfileovanibppenia.'alarmatuvrdatedtotheivterpretatims,, 1:nfilealms,hareviewed Mark Strain, 34104.Pkae ostact he staff member pbelow at(739)2'52!6'819 to set upgan appo\ooh I'yocsheenvcNaphs,FL ppomtmmtiryouwiahtoayt=wthefile Chief Hearing Examiner Mike Boni,AICP,Dg Dips Collier County,Florida Planning and Zoning UcW nnnal a®® rods went NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,April 25,2019,in the County Hearing Examiner(HEX)at 9:00 A.M.,April 25,2019,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, 609/610,Naples Fl 34104,to consider: Room 609/610,Naples Fl 34104,to consider: PETITION NO. BDE-PL20150001366-VILLAGES AT STELLA MARIS PETITION NO.BD-PL20180001843-GODFREY AND PATRICIA MASTER ASSOCIATION, INC. REQUEST A 10 FOOT BOAT DOCK TURNER REQUEST A 57.5-FOOT BOAT DOCK EXTENSION OVER EXTENSION OVER THE MAXIMUM 20 FEET LIMIT IN SECTION 5.03.06 THE MAXIMUM 20 FEET ALLOWED BY SECTION 5.03.06 OF THE OF THE LAND DEVELOPMENT CODE FOR A TOTAL PROTRUSION LAND DEVELOPMENT CODE,FOR A TOTAL PROTRUSION OF 77.5 OF UP TO 30 FEET TO ACCOMMODATE A MAXIMUM 68 SLIP MULTI- FEET,FOR A BOAT DOCK FACILITY WITH ONE BOAT SLIP AND FAMILY DOCKING FACILITY FOR THE BENEFIT OF THE VILLAGES AT A KAYAK PLATFORM LOCATED AT 26 DOLPHIN CIRCLE,ON THE STELLA MARIS CONDOMINIUM UNITS WITHIN TRACTS M-1 AND WEST SIDE OF DOLPHIN CIRCLE,NORTH OF PELICAN STREET M-2 OF STELLA MARIS, LOCATED IN PORT OF THE ISLANDS, ON WEST,IN SECTION 31,TOWNSHIP 51 SOUTH,RANGE 26 EAST, THE WEST SIDE OF CAY DRIVE, JUST SOUTH OF TAMIAMI TRAIL COLLIER COUNTY,FLORIDA. EAST(U.S.41)IN SECTION 9,TOWNSHIP 52 SOUTH,RANGE 28 EAST, COLLIER COUNTY,FLORIDA. w8,`0 mi \ 40 Projectomeq,1,4 f\ �RD iliLocation =',-,' .< \ ,�r Stella Maris 1 R ,, , w �0 4'Ir a�rafhi TRL-E� LOCATIONS e h All interested parties are invited to appear and be heard.All materials All interested parties are invited to appear and be heard.All materials used in presentation before the Hearing Examiner will become a used in presentation before the Hearing Examiner will become a Permanent part of the record. permanent part of the record. Copies of staff report are available one week prior to the hearing. Copies of staff report are available one week prior to the hearing.The file The file can be reviewed at the Collier County Growth Management can be reviewed at the Collier County Growth Management Department, Department,Zoning Division,Zoning Services Section,2800 North Zoning Division,Zoning Services Section,2800 North Horseshoe Drive, Horseshoe Drive,Naples,FL. Naples,FL The Hearing Examiner's decision becomes final on the date The Hearing Examiner's decision becomes final on the date rendered. rendered.Any person who decides to appeal any decision of the Any person who decides to appeal any decision of the Hearing Examiner Hearing Examiner will need a record of the proceedings pertaining will need a record of the proceedings pertaining thereto and therefore, thereto and therefore,may need to ensure that a verbatim record may need to ensure that a verbatim record of the proceedings is made, of the proceedings is made,which record includes the testimony to which record includes the testimony to evidence upon which the appeal is based. evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you, order to participate in this proceeding,you are entitled,at no cost to to the provision of certain assistance.Please contact the Collier County you,to the provision of certain assistance. Please contact the Collier Facilities Management Division located at 3335 Tamiami Trail East,Suite County Facilities Management Division located at 3335 Tamiami Trail 101,Naples,Florida 34112-5356,(239)252-8380,at least two days prior East,Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least to the meeting. two days prior to the meeting. Mark Strain, Mark Strain, Chief Hearing Examiner Chief Hearing Examiner Collier County,Florida naw» Collier County,Floridan B0E-P120170000557 4/25/19 Audubon Country Club Teresa L. Cannon m From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent: Tuesday, March 26, 2019 3:18 PM To: Minutes and Records Cc: Ann P.Jennejohn; bellows_r; BosiMichael; NeetVirginia; RodriguezWanda;JorgeShayra; kendall_m; MartinezGilbert; VelascoJessica; SmithCamden Subject: Ad Request for your review - Audubon Country Club Community Boardwalk and Park (BD) - PL20170000557 Attachments: 2 x 3 Ad Map.pdf; Ad Request.docx; Signed Ad Request.pdf Good afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, tkezet4a Ciad4adfa Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova pcolliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Co r CAnetrity Exceeding Expectations Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 March 26, 2019 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on April 5, 2019 and furnish proof of publication to the attention of Gilbert Martinez, Principal Planner in the Growth Management Department, Zoning Division,Zoning Services Section,2800 North Horseshoe Drive. Naples. Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. i`he advertisement MUST NOT BE pieced in that portion of toe newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500190197 Account Number: 076397 7 Authorized Designee signature for HEX Advertising PLPL20170000557 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M.,April 25, 2019, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104,to consider: 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 (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any decision of the Hearing Examiner will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida LL\11001111.1 ^bM aaW°4j N'xw��WAY 1 11. O z�� W Q 4t Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Tuesday, March 26, 2019 3:31 PM To: Minutes and Records Cc: CasanovaAlexandra; MartinezGilbert;VelascoJessica; SmithCamden Subject: RE:Ad Request for your review - Audubon Country Club Community Boardwalk and Park(BD) - PL20170000557 The petition title needs a period at the end; otherwise the ad request is fine. `Wanda Rodriguez, ACP, CP.M Office of the County Attorney (239) 252-8400 From: CasanovaAlexandra Sent:Tuesday, March 26, 2019 3:18 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; BellowsRay<Ray.Bellows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>;JorgeShayra <Shayra.Jorge@colliercountyfl.gov>; KendallMarcia <Marcia.Kendall@colliercountyfl.gov>; MartinezGilbert<Gilbert.Martinez@colliercountyfl.gov>;VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; SmithCamden<Camden.Smith@colliercountyfl.gov> Subject:Ad Request for your review-Audubon Country Club Community Boardwalk and Park (BD) - PL20170000557 Good afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, ezeutd44 eadouiava, Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. iPier County Exceeding Expectations 1 Acct #076397 March 26, 2019 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: BDE-PL20170000557 — Audubon Country Club (Display Ad w/Map) Dear Legals: Please advertise the above referenced Display Ad w/Map on Friday, April 5, 2019 and send the Affidavit of Publication, in triplicate, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500190197 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on April 5, 2019 and furnish proof of publication to the attention of Minutes & Records Department, 3299 Tamiami Trail East, #401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500190197 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., April 25, 2019, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any decision of the Hearing Examiner will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356,(239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida E � += sg m 0 AVA W!4RM ` I g 4QC� a Ig Z� 'qY P AVMs u.Lio Teresa L. Cannon From: Teresa L. Cannon Sent: Tuesday, March 26, 2019 4:16 PM To: Naples Daily News Legals Subject: BDE-PL20170000557 -Audubon Country Club Attachments: BD-PL20170000557 -Audubon Country Club (HEX 4-25-19).doc; BDE-PL20170000557 (HEX 4-25-19).doc; BDE-PL20170000557 (HEX 4-25-19).pdf Legals, Please advertise the attached Display Ad w/Map on Friday,April 5,2019.Thanks Teresa Cannon BMR Senior Clerk II `,�0 11-(01 A.r.4. Office: 239-252-8411 �� Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court +. &Comptroller of Collier County ���, 3299 Tamiami Trail E, Suite#401 ot r`` �. Naples, FL 34112-5746 www.CollierClerk.com 1 Teresa L. Cannon From: NDN-Legals <legals@naplesnews.com> Sent: Wednesday, March 27, 2019 10:27 AM To: Teresa L. Cannon Subject: RE: BDE-PL20170000557 -Audubon Country Club 2259547 Attachments: ND-2259547.pdf External Message: Please use caution when opening attachments, clicking links, or replying to this message. Attached is your proof. From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent:Tuesday, March 26, 2019 4:16 PM To: NDN-Legals<legals@naplesnews.com> Subject: BDE-PL20170000557 -Audubon Country Club Legals, Please advertise the attached Display Ad w/Map on Friday,April 5, 2019.Thanks Teresa Cannon BMR Senior Clerk II 01.14 CO 4, Office: 239-252-8411 `��` Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail E, Suite#401 'co# ` Naples, FL 34112-5746 www.CollierClerk.com Please visit us on the web at http://protect-us.mimecast.com/s/djwvCvPAVrir907VzuQnIGI?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., April 25, 2019, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: 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. PROJECT LOCATION', cl <7;% 411 .i. 9- 4U�dM '94 lb Royal Fem IN N All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any decision of the Hearing Examiner will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida ND.225B54] ❑ PROOF O.K.BY: ❑ O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT:3/27/2019 9:34 AM SALES PERSON: Gloria Kennedy PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:04/05/19 ND-2259547.INDD SIZE:3 col X 9.25 in Teresa L. Cannon To: RodriguezWanda; CasanovaAlexandra;VelascoJessica;jamessabo@colliercountyfl.gov Subject: FW: BDE-PL20170000557 -Audubon Country Club 2259547 Attachments: ND-2259547.pdf Please review—PL20170000557 Teresa Cannon BMR Senior Clerk II `v• vi('oc;o,,c Office: 239-252-8411 r04, Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail E, Suite#401 C'Fk(znmrY.k Naples, FL 34112-5746 www.CollierClerk.com From: NDN-Legals<legals@naplesnews.com> Sent: Wednesday, March 27, 2019 10:27 AM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: RE: BDE-PL20170000557-Audubon Country Club 2259547 External Message: Please use caution when opening attachments, clicking links, or replying to this message. Attached is your proof. From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent:Tuesday, March 26, 2019 4:16 PM To: NDN-Legals<legals@naplesnews.com> Subject: BDE-PL20170000557 -Audubon Country Club Legals, Please advertise the attached Display Ad w/Map on Friday,April 5, 2019.Thanks Teresa Cannon BMR Senior Clerk II 00,�«rN Office: 239-252-8411 \i ` Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court . • &Comptroller of Collier County r/\'' 3299 Tamiami Trail E,Suite#401 '' Naples, FL 34112-5746 www.CollierClerk.com 1 Teresa L. Cannon From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent: Friday, March 29, 2019 2:21 PM To: Minutes and Records Cc: RodriguezWanda; NeetVirginia; SmithCamden; MartinezGilbert;VelascoJessica Subject: FW: BDE-PL20170000557 -Audubon Country Club 2259547 Attachments: ND-2259547.pdf; RE:Ad approval for your review - BDE-PL20170000557 - Audubon Country Club 2259547 Good afternoon, We have received approval from the planner below, and from the agent attached. Please review for final processing. Respectfully, ,tf•C�Jl6L e14leoL Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. cr County Exceeding Expectations From: MartinezGilbert Sent:Thursday, March 28, 2019 9:46 AM To: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Subject: RE: BDE-PL20170000557 -Audubon Country Club 2259547 The ad is good. Gil Martinez Principal Planner 239-252-4211 o ger County Growth Management Division 1 Exceeding Expectations,Every Day! NOTE:Email Address Has Changed 2800 Horseshoe Dr.N Naples,FL 34104 Phone:239-252-4211 From: CasanovaAlexandra Sent:Thursday, March 28, 2019 8:51 AM To: MartinezGilbert<Gilbert.Martinez@colliercountyfl.gov> Subject: FW: BDE-PL20170000557-Audubon Country Club 2259547 Gil, Please see below,for your review and approval. Alezaaet4a dada 01.42 Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. S&9Mty Exceeding Expectations From:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent:Thursday, March 28, 2019 7:50 AM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; VelascoJessica <Jessica.VelascoPcolliercountyfl.gov>; 'jamessabo@colliercountyfl.gov' <jamessabo@colliercountyfl.gov> Subject: FW: BDE-PL20170000557-Audubon Country Club 2259547 Please review—PL20170000557 Teresa Cannon BMR Senior Clerk II `try “re; Office: 239-252-8411 4�``� Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County § 3299 Tamiami Trail E, Suite#401 4'6 fN1gZ.l''a. Naples, FL 34112-5746 www.CollierClerk.com 2 Teresa L. Cannon From: Jeremiah DeForge <JDeForge@gradyminor.com> Sent: Friday, March 29, 2019 1:13 PM To: CasanovaAlexandra Cc: Mark Minor; MartinezGilbert Subject: RE:Ad approval for your review - BDE-PL20170000557 - Audubon Country Club 2259547 Approved. Jeremiah DeForge, E.I. Project Engineer A4 GradyMinor 3800 Via Del Rey Bonita Springs,FL 34134 Phone-239.947.1144 Fax-239.947-0375 Web-http://www.gradyminor.com Please consider the environment before printing this email DISCLAIMER:This communication from Q.Grady Minor&Associates,P.A.,along with any attachments or electronic data is intended only for the addressee(s)named above and may contain information that is confidential,legally privileged or otherwise exempt from disclosure. The recipient agrees and accepts the following conditions:The electronic file/data is for informational purposes only and is the responsibility of the recipient to reconcile this electronic file/data with the approved and certified"plan of record"along with actual project site conditions.Q.Grady Minor&Associates,P.A.reserves the right to revise,update and improve its electronically stored data without notice and assumes no responsibility due to a virus or damages caused by receiving this email. From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent: Friday, March 29, 2019 10:57 AM To:Jeremiah DeForge <JDeForge@gradyminor.com> Subject: FW: Ad approval for your review- BDE-PL20170000557-Audubon Country Club 2259547 Importance: High Good morning, Please review the attached ad proof for approval.This will be needed by end of day today at the very latest to not delay or have meeting postponed. I was advised this morning that you would need to review and approve this ad proof. Should you have any questions please do not hesitate to contact me at 239-252-2568.Thank you for your attention to this important matter. Respectfully, 4€eZdad/tet e 14414 Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iy/CollierZoning. 1 Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Friday, March 29, 2019 2:22 PM To: Minutes and Records Cc: CasanovaAlexandra; SmithCamden; MartinezGilbert;VelascoJessica Subject: RE: BDE-PL20170000557 -Audubon Country Club 2259547 This proof is good to go for us also.Thank you, Wanda Rodriguez, ACP, CR7v1 Office of the County Attorney (239) 252-8400 From:CasanovaAlexandra Sent: Friday, March 29, 2019 2:21 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; MartinezGilbert<Gilbert.Martinez@colliercountyfl.gov>; VelascoJessica<Jessica.Velasco@colliercountyfl.gov> Subject: FW: BDE-PL20170000557-Audubon Country Club 2259547 Good afternoon, We have received approval from the planner below, and from the agent attached. Please review for final processing. Respectfully, 4Ee aget,ta e14ua Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. 41 Ccs Ter Count Exceeding Expectations From: MartinezGilbert Sent:Thursday, March 28, 2019 9:46 AM To:CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Subject: RE: BDE-PL20170000557 -Audubon Country Club 2259547 1 Teresa L. Cannon To: NDN-Legals Subject: RE: BDE-PL20170000557 - Audubon Country Club 2259547 Legals, Proof for Ad#2259547 looks good, OK to run! Teresa Cannon BMR Senior Clerk II <OuR. Office: 239-252-8411 I<ct� Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court * * &Comptroller of Collier County <,�� �,�.c� 3299 Tamiami Trail E,Suite#401 k<�,� ,�_`, Naples, FL 34112-5746 www.CollierClerk.com From: NDN-Legals<legals@naplesnews.com> Sent:Wednesday, March 27, 2019 10:27 AM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Subject: RE: BDE-PL20170000557 -Audubon Country Club 2259547 External Message: Please use caution when opening attachments, clicking links, or replying to this message. Attached is your proof. From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent:Tuesday, March 26, 2019 4:16 PM To: NDN-Legals<legals@naplesnews.com> Subject: BDE-PL20170000557-Audubon Country Club Lega Is, Please advertise the attached Display Ad w/Map on Friday,April 5,2019. Thanks Teresa Cannon BMR Senior Clerk II Office: 239-252-8411 ' , Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail E, Suite#401 Naples, FL 34112-5746 www.CollierClerk.com 1 ,- 24A I FRIDAY, APRIL 5, 2019 Li NAPLES DAILY NEWS , 1 , 1 . 1 NOTICE OF PUBLIC HEARING . Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 900 A.M., April 25, 2019, in the • I,. i Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,FloornF 1 609/610, Naples FL 34104,to consider: • PETITION NO. BDE-PL20170000557 - AUDUBON COUNTRY'CLUB FOUNDA11O11j INC REQUESTS A DOCK FACILITY EXTENSION i OVER THE MIMUM 20 FEET ALLOWED BY SECTION 5.03.06 OF THE LAND DEVELOPMENT CODE, FOR A TOTAL PROTRUSION OF 4336 FEET FROM THE PROPERTY LINE AND 66 FEET FROM THE J i_. MEAN HIGH WATER LINE, TO ACCOMMODATE A NEW BOARDVVALK • AND OBSERVATION DECK FOR THE BENEFIT OF THE AU01.1130N .•••' . COUNTRY aLUB COMMUNITY WHICH WILL ACCESS THE BOARDWALK ON TRACT A OF THE AUDUBON COUNTRY CLUB, ' UNIT THREE 1- ADDITION SUBDIVISION, LOCATED SOUTHWEST OF is AUDUBON Be: LEVARD, APPROXIMATELY ONE HALF MILE WEST OF ' VANbERBILT:p-IVE, IN SECTION 8,.TOWNSHIP 48 SOUTH, RANGE : 25 EAST,C e ,= R COUNTY, FLORIDA. IA , r PROJECT , - LOCATION • • 1 . , = , a 1 i - Pt . t +I tie And FETLPIN All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. ! ' Copies of staff report are available one week prior to the hearing.The file ; can be reviewed"at the Collier County Growth Management Department, I Zoning Division, Zoning Services Section, 2800 North Horseshoe porive Naples, FL. 4, The Hearing Examiner's decision becomes final on the date re. Any person Who decides to appeal any decision of the Hearing :,. ‘,2;01', 1 • will need a record of the proceedings pertaining thereto and the - .k: ,•1 • may need to ensure that a verbatim record of the proceedings is : • which record includes the testimony to evidence upon which the ap• , is based. p . If you are a,perbon with a disability who needs any accom .• order to participate in this proceeding,you are entitled,at no ,,cost 1.--•'-::4,-,k-''' I to the provision of certain aselstance. Please contact the CORO, Facilities Management Divisiaq*0%1 at 3335 Tamiami Trail :--:',0.•'4•',( 101, Naples, Florida 34112-5356k (239)25g-8380, at least two d 1 to the meeting. • Mark Strain, Chief Hearing Examiner , Collier County,Florida 1 ' 1 .----__ 4 cE Battu N NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 2259547 BDE-PL20170000557 4500190197 Pub Dates April 5,2019 ab-- e: 0Y-tellayl (Sign ture of affiant) 1 •$: KAROLEKANGAS` I /' NotaryPudk-katedF1 Ido Sworn to and subscribed before me � �s ,; commisslon#GG126041 My Comm,Expires Jul 29,2021 This April 05,2019 `'°•:a,n;+, emado...chwumataimmo awwwwmtpwrepqr U (Signature of affiant) 24A I FRIDAY,APRIL 5,2019 I NAPLES DAILY NEWS Notice""Official Imerna""""Si NOTICE OF PUBLIC HEARING Collier County tend Development Code Ordinate Parsant o 5.01,00006.P of du:Collin County land Development Code(1.1/Ch public notice is hereby own or Notice is hereby given that a public hearing will be held by the Collier ,noftaiinterprera1im. County Hearing Examiner(HEX)at 9:00 A.M.,April 25,2019,in the RE:'NIP-LBO-PT-0062,OFFICIAL INTERPRETATION REQUESTING THE COLLIER COUNTY ZONING HEP.t'ODETERMINE WHLA ETHER THE VINEYARDS PUD AND THE PLANTING APPROVALS FOR Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room THE GROVES AND THE ORCHARDS REQUIRE MULTIPLE ACCESS POINTS AT VANDERBILT BEACH 609/610,Naples FL 34104,to consider: ROAD AND AIRPORT-PULLING ROAD,THEREBY REQUIRING THE PIPERS GROVE SUBDIVISION TO PROVIDE ACCESS TO THE ORCHARDS SUBDIVISION THROUGH OLD GROVES ROAD TO AIRPORT- PETITION NO. BDE-PL20170000557 - AUDUBON COUNTRY CLUB PULLING eoaD. FOUNDATION, INC. REQUESTS A DOCK FACILITY EXTENSION '-x-k' OVER THE MAXIMUM 20 FEET ALLOWED BY SECTION 5.03.06 OF Project f THE LAND DEVELOPMENT CODE, FOR A TOTAL PROTRUSION OF Project 433,6 FEET FROM THE PROPERTY LINE AND 66 FEET FROM THE Location P Vona blltBegoARo MEAN HIGH WATER LINE,TO ACCOMMODATE A NEW BOARDWALK a • AND OBSERVATION DECK FOR THE BENEFIT OF THE AUDUBON o .. _ ,� ' COUNTRY CLUB COMMUNITY WHICH WILL ACCESS THE A < BOARDWALK ON TRACT A OF THE AUDUBON COUNTRY CLUB, z , "`y"n°' UNIT THREE-ADDITION SUBDIVISION, LOCATED SOUTHWEST OF AUDUBON BOULEVARD,APPROXIMATELY ONE HALF MILE WEST OF z 1 VANDERBILT DRIVE, IN SECTION 8,TOWNSHIP 48 SOUTH, RANGE O' c 25 EAST,COLLIER COUNTY,FLORIDA. z e 99{ The Colder County Zoning Doctor has been rryuetel to render an official interpretaloo for the Vineyards PUD 3 regardingrepinedrequired access points 004 availability for ill J.vclopmvt within the Vineyards PUD to be able to utilize ill i PROJECT y Within the request for the Official Interpretation,you raise fiveW ' LOCATION . I.The Vineyards PIO governs the Napery in yyu o The original ordinance u 8,15,and it has been amended several times.There was a substantial PUD amendment approved by the BOCC in 1991.Ordinance 91-75 states the following on page 40,Mill llaveoua."Accs to the project shall he restricted to thou m nee points shown on Exhibits A-I and A-2 hereto.provided es ed that the location of the acc®to commemial prunes shall be approved by the County Engiver." s,, P Exhibits A I and A-2 from Ordinance 91-75 are enclosed as Exhibit Theo exhibits ekarty show that all Q.l o'en, communities west of Livingston Rod are supposed to have access to both Vsderbat Beach Rod and Airrypoon-RJIing Road. C Within he Piper Grove planned subdivision approval.a memorandum form the Transporter.planning stall s. a'9°aye ed that the aubdao site plan provide interconnection to the adjacent tract o the sot Ir.a.The Orcm hards). 3.The She Development Plan for the Orchards reviewed by the CCPC contained a memorandum which stated, occas to the proposed subdivision is from Vanderbilt Beach Road And A,rporePullmg mad " mss,,,, `/3 4.Within the plat for Pipers Gmve One,within the genal nota,the plat state`Old Groves Road is subject to '+'' "AI.' n favor of Pmcru Bea.Sala Corpse a Pennsylvania corporation.thee succours and assigns,an owner of a os-nous tract consisting f app rely 84 sera to theeastof Piper's Grove for - tux vveehiiiccular and pedestrianeo and egress,pursuant to a Decclaranon of Reenctiona recorded at OR.Book 1898. �p 5.Z.7.--a1181rthePub,t-rdsofcorudn. tty,Fl0 29 All interestedparties are invited to appear and be heard.All materials Dty, Flo df Easement, .00,d nn D29,1991.within O.R.Book nx9R,page 2o,,, PP ronin county, Florida Public Runnels. The nt tPeatd end used inpresentation before the Hearing Examiner will become a RQ�aa�m four of Tae B,c and n(me Orchards)to Airport-Puffing Road r��gh-Old permanent part of the record. A.you have indicated within your first point of the Official Interpretation the Vineyards PUD it the controlling Copies of staff report are available one weekprior to the hearing.The file thole,document for the Orchards,Piper's Grove One and Piper's Grove Two.From review M the Original PUD p po 9 (Ordinance 8,1S)and subsequent aa.wnaments(Ord 91-Sana Ord.95421.the PUD is devoid ofspecific conmaments can be reviewed at the Collier County Growth Management Department, that all access points must be made available to each development crawithin the PUD.Within the Muter Phar for Zonin Division,ZoningServices Section,2800 North Horseshoe Drive, the ver of theFUR an mtercounated some syn Needed tor.but there u no provisiontha opermi6 g or restricts the placement of gates within the internal PUD.This lack omr rmntion designating hron f gat Naples,FL. I PUDs,as the internal seats are private and maintained by appropriate homeowners association, Further recording m the subdivision plat,Old Groves Road is a private toaher.there is m community The Hearin Examiners decision becomes final on the date rendered. Devdopnea District for the Vineyard..therefore,thea are no public or quasi-public roads The easement referenced 9 athinoR.Book 1898,Page 2108.Collier County,Florida wblm Roods.m favor of Pmwvi Bros.Sala Corporation. Any person who decides to appeal any decision of the Hearing Examiner �mplvaniam heti succawrs and taigm owner of a comigams tract consisting of approximately 84 will need a record of the proceedings pertainingthereto and therefore, he east of Pips'storove foro,t ottar and pdatnan aeons and egress a private eac,nt between two pews P 9 The wooed official Morose.arks affirmation that either the Vineyards PDD w Comer county Land may need to ensure that a verbatim record of the proceedings is made, Development Code(LDC)require that the 01 hams community is provided acme through Old Grooves Roan and which record includes the testimony to evidence upon which the appeal fmm resin of b orh documents,rhea a no such mmoth are or requirement. While the eyarda PI mii and Master is based. Plan depicts the roadways within the development,both are silent m the location of gates an commdmevt t development within the PUD will be provided access to all the depicted roadways. Within 30 days or p,bioatiov of the public notice,any affected property owner or aggrieved or adversely aerated If you are a person with a disability who needs any accommodation in party mayeof,cal the interpretation tome Board of 4,,,ing Appals IBCA).An aBecled propemyoowuer ie Jehnd order to participate in this proceeding, f property mrbdn Sm P t 09 th4 property lives or the loo for whisk the int a is de o .1 P P you are entitled,at no cost to you,y agg�ie a or aeyerady affected pang ecfiCe as any pm„n n. p or'nano.an rcn an aey,r.,dr«t to the provision of certain assistance.Please contact the Collier County h at pmtecaed or furthered Ly roe Collkr county Omwth Management Plan or Lm,re7,1 pmmt COde.A Facilities Management Division located at 3335 Tamiami Trail East,Suite rcq tf rapp�l moat M1e filedhwringm1 mintsaaaerhenasoterthe appal motela..any„,,„, ivf,...7, 9 exhrb�ts or ower back-up mimmation m sppport of the oppal.The appeal most x aerampanka by.sl.goo 00 101,Naples,Florida 34112-5356,(239)252-8380,at least two days prior ,,(Cotiovio,na ragppa.(e,,bohntemth,mrmofachck,nshowldebemtbo,ddmth.o,ld.d oa.W..d to themeetin . h Cana ars.),should be anyd 09,,qct as maiOn my et n at the address provided.Plane do not g ould you have any further quauom On thistmatter too Ther Vareainionfileando'tie niv°nt rmati RTutidtoahciaaapreatiVro kept sterlImay bereviewed Mark Strain, h4 Glease ,iso't nent meg belowag 2 09 Regulation bsit up err ppo tune t if you wish ish 0 review Naplv4 FL WIW.Pkaucoarrt the staff member below al(2?9)2R-6819mur up an appoivtmmtJyou wia6mreviex tnefik Chief Heating Examiner IMguiBag iaAICgenmaCollier County,Florida p® onsw NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,April 25,2019,in the County Hearing Examiner(HEX)at 9:00 A.M.,April 25,2019,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, 609/610,Naples Fl 34104,to consider: Room 609/610,Naples Fl 34104,to consider: PETITION NO. BDE-PL20150001366-VILLAGES AT STELLA MARIS PETITION NO.BD-PL20180001843-GODFREY AND PATRICIA MASTER ASSOCIATION, INC. REQUEST A 10 FOOT BOAT DOCK TURNER REQUEST A 57.5-FOOT BOAT DOCK EXTENSION OVER EXTENSION OVER THE MAXIMUM 20 FEET LIMIT IN SECTION 5.03.06 THE MAXIMUM 20 FEET ALLOWED BY SECTION 5.03.06 OF THE OF THE LAND DEVELOPMENT CODE FOR A TOTAL PROTRUSION LAND DEVELOPMENT CODE,FOR A TOTAL PROTRUSION OF 77.5 OF UP TO 30 FEET TO ACCOMMODATE A MAXIMUM 68 SLIP MULTI- FEET,FOR A BOAT DOCK FACILITY WITH ONE BOAT SLIP AND FAMILY DOCKING FACILITY FOR THE BENEFIT OF THE VILLAGES AT A KAYAK PLATFORM LOCATED AT 26 DOLPHIN CIRCLE,ON THE STELLA MARIS CONDOMINIUM UNITS WITHIN TRACTS M-1 AND WEST SIDE OF DOLPHIN CIRCLE,NORTH OF PELICAN STREET M-2 OF STELLA MARIS, LOCATED IN PORT OF THE ISLANDS, ON WEST,IN SECTION 31,TOWNSHIP 51 SOUTH,RANGE 26 EAST, THE WEST SIDE OF CAV DRIVE, JUST SOUTH OF TAMIAMI TRAIL COLLIER COUNTY,FLORIDA, EAST(U.S.41)IN SECTION 9,TOWNSHIP 52 SOUTH,RANGE 28 EAST, COLLIER COUNTY,FLORIDA. ,he w =:a \ �o -m Project �e .07-0 ow ccf� c Ina : E • , Stella Maris=R T ii,w �o 5'a Jun/a4 7/, PROJECT $ TRL-E e LOCATION O Pi 2 \ .�. e rren All interested parties are invited to appear and be heard. All materials All interested parties are invited to appear and be heard.All materials used in presentation before the Hewing Examiner will become a used in presentation before the Hearing Examiner will become a Permanent part of the record. permanent part of the record. Copies of staff report are available one week prior to the hearing. Copies of staff report are available one week prior to the hearing.The file The file can be reviewed at the Collier County Growth Management can be reviewed at the Collier County Growth Management Department, Department,Zoning Division,Zoning Services Section,2800 North Zoning Division,Zoning Services Section,2800 North Horseshoe Drive, Horseshoe Drive,Naples,FL. Naples,FL. The Hearing Examiner's decision becomes final on the date The Hearing Examiner's decision becomes final on the date rendered. rendered.Any person who decides to appeal any decision of the Any person who decides to appeal any decision of the Hearing Examiner Hearing Examiner will need a record of the proceedings pertaining will need a record of the proceedings pertaining thereto and therefore, thereto and therefore,may need to ensure that a verbatim record may need to ensure that a verbatim record of the proceedings is made, of the proceedings is made,which record includes the testimony to which record includes the testimony to evidence upon which the appeal evidence upon which the is based. appeal is based. If you are a person with a disability who needs any accommodation in If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you, order to participate in this proceeding,you are entitled,at no cost to to the provision of certain assistance.Please contact the Collier County you,to the provision of certain assistance. Please contact the Collier Facilities Management Division located at 3335 Tamiami Trail East,Suite County Facilities Management Division located at 3335 Tamiami Trail 101,Naples,Florida 34112-5356,(239)252-8380,at least two days prior East,Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least to the meeting. two days prior to the meeting. Mark Strain, Mark Strain, Chief Hearing Examiner Chief Hearing Examiner Collier County,Florida Collier County,Florida a: at 4: d a: "- 4: g I �o 4, W x * lc gU -x 4: W - CC it Ei N 1c 4 Pa Z a * a�a v......,..1w I X °. . * W x Z W x , N * W FE.* * d W c , C7 d Z a *X it Z L /x * ❑ et 4: * W W O * z } Z lc . J (�.1 * * 1— p 4: * x f-_., * CA imi it V ' a * t) 4: E, 4-X* � U W ,= : S ** E-1zJ a i -5 kil Pa **Oac.,• \ z * O W J * I bid 4c u. a * ,1 o F v CA a -x z U. W �►1P Ip * CI w W *x W• Q a+ 1 O * " z I ° ❑ oG. * d W Z Z a"' * � 60 U CLO * W iZr C7 d ix d o —^ * a. 41 Ix d O Ao - U 0. * ❑ U N \ * ' N * - C7 ** 1 `- ( W W x 4: gCC * w1 W Z J x pd.t d It* a * z i * g 6 W w ' c) IC ZF* * Z * d w 0 o * w Ey 75 I C7 Q * C * ❑ d a � .. l w W * P. I V- N .= x p :. IC Z ZO 4: v z * x 3 i a 0a * ► a° * V V � a I ❑ H J CC I �I *Ja A * o a * ** z UU .* v] d W J * e Ail f ❑ w= 1:' t, 1S • * Cv.L x * aIO *k ..Z d O z U * � a � J a -: Ww 0 �* a a 2 * W Q ixWo * U CCi v C ,, I-� . * H - W AA * 3 R; E„ .: * � d d * a C d o a d a C U a"* ❑ U C7 ac i, L z -X4:tti tEh� � ck w IX 4: X w U 4: w W * - --- \Z Z gcl p a R : a Q Az c C V X — W ^ 1 w X * c.c7 'C N i' z H Z * d w w C.7 d x 4, ° 4,E �a d w * * a .W O } ZC/1 0E.-, Z k'''•, w * a l O i U °' I a l WH * ` \ LTJU IC J * E" O a * U p j, W ..1 ��1J UO * Cd7 "D2 * J -x d � M CL ►- IL OE. /C) -I I1 w -X h a, 1 d Nk `1 Z a �. X nW ;, i IcI I rc 42iF4 F= clo 4:* a d A C -X = v' H ' tt * 3 o z 47 * cu d 75 Po * Aae 4: W z z - � " 0 2 -X w z Z *4 TE, c * a -- * U O u d g * , d a* d �+ a, v) 4: ° - 74 * * C7 (� Z * \ \ lcW x a: a: * •• CNO W * a: Z _Z �t ' * * A %, © a:4 at a:W * °" _ Z 0 4: d W O N c * W * C. d Z o ❑ 4: G f : * Q * aE * a W Q * V) } I': v‘ � %- * oz \ H � Q * c x * x ZF * b r� 3 ✓ <4 a, * F IX 1c I w * F J a * \ as * z * ✓ v � o W m *Q , N r * d 1 44 Y. et, * W * ❑ E'.71' W ) 'id **x H �a ° z Vi . 11,, a * W LL * v) NI in g * WW Q ?* g cji \ O * a a W 3,< A ` j z , ,�, * . W I- a d w A x z vi O 4:1 lc< " * A W F z *� � 0 cml n * W Fd 003:' - y °a a od * da * d Ua, -*x ❑ v DO * Z 4:* ..,_ + wr, g v l F■ d ' v W x * v a W * ---45 Z Z * •4t A * - 4 * z1=4 U x W * fid' N o 4: W F� V z �_ * C. Q CC x * xa: C ❑ Q = * * w W0 a *X � ! = Y. * \.. * O ~ � * ti lc Fi E-. Z imi a * x * '�"� O a * i f" a * ,8 , , * ✓ u * i o * W .J *- F" * ~ u. a :N W * O *...,_1 �v► �" * H W � �� a : Z U %)61 N * ^ z Y.u. s' w w * ' W *QP A ci) * w a>* wd , Z O .= * 4 � . ci L .1: a OW h o d z *a w z 1-1 a ❑ a o 1 a � * w 4 Z d ',T.:,' x o o 0.' * d a CZ)/ - * =�.. ❑ U NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., April 25, 2019, in the, Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: 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. 9 PROJECT LOCATION y 2.., cnan,.en c °66 LO a 4,4 hda ogfro C Royal Fern LN N All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any decision of the Hearing Examiner will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida ND 2259547 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., April 25, 2019, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples Fl 34104, to consider: 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. Project oRp Location 1/4 ? Stella Maris IR -Sr° d�iami,TRL E All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. U The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any decision of the Hearing Examiner will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, • which record includes the testimony to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida ND2259543 L OTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., April 25, 2019, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples Fl 34104, to consider: 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. Ca„I JO 0\ •,0 'y . o ,a PROJECT LOCATION V° All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any decision of the Hearing Examiner will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida • ND-2259540 24A I FRIDAY, APRIL 5, 2019 I NAPLES DAILY NEWS Note f Official Interpretation - - -- of Collier Coun Land Dev to mnt.Code Ordinance Pursuant to Section 10.03.06.P of the Collier County Land Development Code(LDC),public notice is hereby given of an official interpretation. RE:INTP-2019-PL-0062,OFFICIAL INTERPRETATION REQUESTING THE COLLIER COUNTY ZONING DIRECTOR DETERMI WHETHER THE VINEYARDS PUD AND THE PLANNING APPROVALS FOR INTS AT VANERBILT BEACH ROAD AND A R OR P ORCHARDS ROAD,THEREBY REQUIRING THE PREQUIRE MULTIPLE ACCESSPIIPERS GROVE SUBDIVISION TO PROVIDE ACCESS TO TH, ORCHARDS SUBDIVISION THROUGH OLD GROVES ROAD TO AIRPORT- PULLING ROAD. Project Location > Vanderbilt Beach RD 73v O Old Groves RD r < VINEYARDS A VINEYARDS Z C6-1 C N r -4 r Z 0Z A73v v z cial UD The required accessCounty ipoints andrhas been av availability forualldevelopment wit sted to render an o the Vineyardstion for PUD to the blehe eto utiliards ze all regarding access points. Within the request for the Official Interpretation,younraise e pThoints i ordinance is 85-15,and it has been amended nts: / 1. The VineyardsPID governs the property question. several times. There was a substantial PUD amendment approved by the BOCC in 1991. Ordinance 91-75 states the points shown onExhibits A---I and A tscellaneous:hereto,provided that the locass to the tion of the access to coect shall be mmercial parcelsed to those shall be approved by the County Engineer." exhibits clearly show that communities� enclosed west of Livingston Road are supposed to have.accessceto bo h3. ose Vande Vanderbilt Beach Road and all Airport-Pulling Road. 2. Within Piper subdivision approval, form the Transportation aff stated thatesubdiviion siteplan provid,intrtonnecttpn to headjacenttract to the east (i.e.The Orchards). 3. The Site Development Plan for the Orchards reviled by the CPC containedo t memorandum Preilfinra road..."hich stated, "access to the proposed subdivision is from Vanderbilt Beach Ro plat states,Airp"Old Groves Road is subject to 4. Within the plat for Piper's Grove One,within the general notes, ie p an easement in favor of assigns,an owner f a contiguous uscacci Btract coros. nsis,Corporation, ting of approximat sy84 acres to the east ofe1Piper's Grove for vehicular and pedestrian access and egress,pursuant to a Declaration f Restrictions recorded at O.R.Book 1898, Pages 2308-2318,of the Public Records of Collier County,Florida." 5 CollierceCounty, Florida Easement,Publirecorded R cords.on December easemen 3'within indicated ic tedookin898pont 2four,u, provides for access in favor of Tract B, C and D (the Orchards) to,Airport-Pulling Road through "Old Groves Road". As you have indicated within your first point of the Official Interpretation,the Vineyards PUD is the controlling (Ordinance 85-15)and subsequent amendments(Ord.91-75 and Orer's Grove One and d.95-62),the PUD r's Grove Two. rs devoid of specific commitmenom review of the Original ts that all the various iterations of the PUD,an interconnected streetle to each systemttract within the P .is provided for,but tftere is no provis on thatlpermits or restricts the placement of gates within the internal PUD. This lack of information de'ignating the location of gates is Furtherlacording toUhe subdivision platrOldare Grovesate and Road isla privataintainede y prpFnd*,therhomeowners' no Community withiDevelopment R.Book 1898,Page 2308,Coll r County,Florida Publis,therefore,there are no c Recordublic ors inublic roada% The easement referenced favorof Procacc'i Bros.Sales Corporatio84 n, aaces to the east of Piper's Grove for vehicular and pedestrian access and egrs,an owner of a e ss,is a private easemenous tract t betof ween two parties. The requested official ards PUD or Land Development Code(LDC)requ res tharetation t Oks rchards community is provided mation that either the access through Old CollierCounty Road and Plan review of depicts the both thin the development,commitment o htrare silent to the locatioent. n of gates anle the d arclsm mitmens PUD dt that all development within the?UD will be provided access to all the depicted roadways. Within 30 days of pltblication of the public notice,any affected property owner or aggrieved or aversely affected party may appeal tbi interpretation to the Board of Zoning Appeals(BZA). An affected property diener is defined as an owner of property within 300 feet of the property lines of the land for which the interpretation ll effective.An aggrieved or adversely affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan or Land Development Code.A in bya,information,request for appeal must be filed in writing and must state the basis for the appeal and include any pertinent information, 0 exhibits,or other back-up information in support of the appeal. The appeal must be accompanied , ty Board oC ommi and processing fee.l capayment be eand delivered or mailed to my attention e made out to the at the address provided. Please do not of Commissioners.)to contact ) appeal hesitate to contact me should you have any further questions on this matter. be reviewed at the interpretation Management Division,Plannrtinent ing and Regulation building at 2800 North on related to this interpretation are Ho Horseshoe Don file and riave Naples,FL 34104.Please contact the staff member below at(239)252-6819 to set up an appointment if you wish to review the file. Mike Bosi,AICP,Director, as4263335 Planning and Zoning Department COURT REPORTER AGENDA 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 AGENDA ITEM 3-A Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: APRIL 25, 2019 SUBJECT: BDE-PL20150001366, VILLAGES AT STELLA MARIS BOAT DOCK PROPERTY OWNER/AGENT: Owner: Villages at Stella Maris Master Association, Inc. 380 Stella Maris Drive North#2607 Naples, FL 34114 Agent: Turrell, Hall, and Associates, Inc. 3584 Exchange Avenue Naples, FL 34104 REQUESTED ACTION: The petitioner is requesting to construct a new multiple-family 68 slip docking facility along the Faka Union Canal for the condominium units within Tracts M-1 and M-2 of Stella Maris at Port of the Islands. The proposed docks will protrude a maximum of 30 feet into the waterway. All slips will have the option for a boat lift. The applicant is requesting a 10-foot extension over the maximum allowable 20-foot extension. The maximum permitted dock protrusion for waterways greater than 100 feet in width is 20 feet into the waterway. The proposed dock facility will protrude 30 feet from the property line and seawall,which are the same measurement and the most restrictive measurement. GEOGRAPHIC LOCATION: The subject property is known as Stella Maris and the Master Association address is located at 380 Stella Maris Drive North #2607, further described as Section 9, Township 52 South, Range 28 East. Collier County,Florida (See location map on the following page). BDE-PL20150001366, Stella Maris Pg. 1 of 11 ver.4.3.19 HEX 4/25/19 Z N V 1 W r v N In v i a 0 0 7 if W H N it N (4 p 11 !- �\vyy_) 1..;41iii... YM V '' M . G N H a vie...II!. ----7 \\:, . a 2 ...0/4111"'"-57-1 ; -.- - 4.; i - . su d t 4 0 ...k ir, ii 3E .. u G.l1. (O COwe- I 4 a p a8 } „.•e O a O ,3a i 2 _ `c\--),;„ p r7 a llX, O N ' Z a � CD E z W C o 4-0 gg O NID IL a Q. Q. CU 2 c o co O. O J BDE-PL20150001366, Stella Maris Pg.2 of 11 ver.4.3.19 HEX 4/25/19 PROJECT HISTORY—SETTLEMENT AGREEMENTS: The County had originally approved a boat ramp for the subject property as part of the Stella Maris III site development plan in 2003, but subsequently rescinded its approval due to environmental concerns that the boat ramp approval conflicted with the intent of the Collier County Manatee Protection Plan (MPP), which is to limit the number of boats utilizing the Port of the Islands. The developer,however,had already entered into numerous contracts for the sale of the property,based in part on the County's approval of the boat ramp,so the parties entered into the Settlement Agreement to avoid potential litigation. A Settlement Agreement was approved and dated June 26, 2007. As part of the Settlement Agreement, the developer agreed to grant the County a conservation easement over its seawall to ensure that no boats would dock alongside the seawall,in exchange for the County permitting the use of a private boat ramp that would service no more boats than could have docked alongside the seawall in a marginal wharf configuration, which at the time County staff opined was consistent with the intent of the MPP. The boat ramp was never constructed (History of permitting and Settlement Agreements is attached in the back-up materials). Therefore,Collier County approved an amendment to the original Settlement Agreement and a companion vacation of the conservation easement on May 12, 2015 to allow for the construction of boat dock improvements to accommodate the number and length of boats that would otherwise be permitted along the seawall in a parallel wharf configuration. The MPP limits docking facilities in the Port of the Islands area to a marginal wharf configuration. The intent of the requirement for the marginal wharf configuration in the MPP is to limit the number of boat slips in proportion to the length of available shoreline;there was no intent for the MPP to limit protrusions into the waterway in Port of the Islands.It did not matter whether the boats were parallel or angled, as long as there was a limit on the total number of boat slips. Also, a non-marginal wharf configuration was previously approved in Port of the Islands for another nearby development, Sunrise Cay II, through the Board of County Commissioners (Board) approval of Settlement Agreement ADA-2008-AR-14059 (Agenda Item 17E, September 15, 2009 Board meeting). In the case of Sunrise Cay II, it was decided that the intent of the MPP could be met if the applicant and the County were willing to enter into a settlement agreement. The Sunrise Cay agreement limited the number of boats to no more than would be allowed by the application of the marginal wharf criteria but in an alternate non-marginal wharf docking configuration. Therefore, the County approved an Amendment to the Settlement Agreement and General Release on May 12,2015,to allow an alternative, non-marginal wharf docking configuration for Stella Maris III similar to that of Sunrise Cay II by specifying a maximum number of boats. Pursuant to the terms of the Amendment, the County agreed that the intent of Section 4.6.3 of the MPP, relating to shoreline development within the manatee sanctuary at Port of the Islands, was to limit boat traffic in the area to the maximum number of boats that could be located in a parallel marginal wharf configuration along the waterfront of multi-family areas. Based on that interpretation, the County agreed to allow for the construction of residential boat dock improvements along the 912.05-foot long portion of seawall previously encumbered by the conservation easement,consisting of no more than 39 boats, each limited to 22 feet in length, in place of the previously contemplated boat ramp. The calculation used BDE-PL20150001366, Stella Maris Pg. 3 of 11 ver.4.3.19 HEX 4/25/19 included slip spacing of 0.75 feet on each side of the boat(1.5 feet between boats);therefore, the number of boats was calculated based on the total length of shoreline(912.05 feet)divided by 23.5 feet(22-foot boat length plus 1.5 feet of slip spacing per boat). Subsequent to that Amendment, the Association advised staff they would like to have an average 22-foot boat length, not a maximum as specified in the original and amended settlement agreements. At that time, research by staff revealed that the settlement agreement approved for the Sunrise Cay II community in 2009 (after the original 2007 Stella Maris settlement agreement) allowed for an average, rather than a maximum boat length. Additionally, the Sunrise Cay II Agreement did not include space between slips for the boat slip calculation. Therefore, by removing space between boat slips from the calculation used in the Stella Maris Amendment, staff determined that a maximum of 42 boats with an average length of 22-feet could be docked along the 912.05-foot long seawall portion in a parallel wharf configuration. Therefore, the intent of the MPP would be preserved by allowing the construction of the number of boat docks necessary to accommodate a maximum of 42 boats with an average length of 22 feet, so long as the cumulative vessel length did not exceed 912.05 feet. The Settlement Agreement was amended to 1) indicate an average boat length rather than a maximum boat length, and 2) increase the number of boats allowed along the 912.05 feet of the previously encumbered seawall from 39 to 42. (Second Amendment to the Settlement Agreement in the back-up material). As part of this boat dock extension,the applicant has included additional shoreline owned by the Master Association.The same calculation method was used to determine that a maximum of 26 boats with and average length of 22 feet for that part of the shoreline are allowable. PURPOSE/DESCRIPTION OF PROJECT: The purpose of this petition is to obtain approval for construction of a new multiple-family 68-slip docking facility for the Stella Maris III project along the Faka Union canal. The dock facility slips will serve the abutting Villages at Stella Maris condominium units. The proposed boat dock facility would protrude 30 feet from the property line,which is the most restrictive measurement. For the Stella Maris III project, the property line and the front edge of the seawall are the same measurements.The proposed docking facility consists of 34 finger piers with 68 slips. The total proposed decking area for the docks is 6,426 square feet. Boat lifts are proposed for each slip as well. The proposed maximum extension request is 10 feet over the allowable 20-foot maximum protrusion from the most restrictive measurement. There are two construction phases for the proposed dock facility.Phase 1 includes the seawall area near and fronting buildings 1, 2, 3, and 4. The linear frontage for Phase 1 is 912.05 feet (the area subject to the settlement agreement). Phase 2 includes the seawall near building 1 and the eastern most seawall adjacent to the Stella Maris project site. The linear frontage for Phase 2 is 573.76 feet for a total of 1,485.81 linear feet of dock facility. (Proposed phasing drawing in the back-up material). BDE-PL20150001366, Stella Maris Pg.4 of 11 ver.4.3.19 HEX 4/25/19 The total property water frontage is 1,485 feet, which requires setbacks of 15 feet for both riparian lines. The proposed dock facility meets the setback requirements at both the north and south ends. The north riparian setback is 32 feet, and the south riparian setback is 16.7 feet. The waterway width for the north portion of the dock facility is 280 feet. The waterway width at the remainder of the dock facility is 340 feet. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: The site is currently developed and zoned RMF-16,Multiple-Family SURROUNDING: North: C-4, zoned commercial,vacant East: RMF-16,zoned Multiple-Family use,residential South: RMF-16, zoned Multiple-Family use,residential West: RMF-16, zoned Multiple-Family use,Faka Union Canal ENVIRONMENTAL EVALUATION: According to the Collier County MPP, more manatees have been sighted in Port of the Islands/Faka Union Canal than in any other area of the county, attracted to the fresh water that spills over the weir at the north end of the marina basin. This area also provides relatively warmer water during periods of cold water(MPP Section 3.1.1.8). The intent of the MPP is to limit the number of boats utilizing the Port of the Islands given the high concentration of manatees in the area. To this end, multi-family residential docks within Port of the Islands are restricted by the MPP to a marginal wharf configuration along their waterfront, with no finger piers of"T" docks allowed(MPP Section 3.2.3.4). The marginal wharf configuration was used as a way to limit the number of boats in Port of the Islands,thereby limiting potential boat collisions with manatees. The intent of the requirement for the marginal wharf configuration in the MPP is to limit the number of boat slips in proportion to the length of available shoreline;there was no intent for the MPP to limit protrusions into the waterway in Port of the Islands. As such, it does not matter whether the boats are parallel, angled, or perpendicular as long as there is a limit on the total number of boat slips. Therefore, to allow flexibility with regards design of boat docks for multi-family residential development within Port of the Islands,for safety and ease of docking, the County has allowed multi-family docks with different configurations within Port of the Islands. The maximum number of boats permitted for these facilities may not exceed the maximum number of boats that could be docked along the seawall in a marginal BDE-PL20150001366, Stella Maris Pg. 5 of 11 ver.4.3.19 HEX 4/25/19 wharf configuration to comply with the MPP. To calculate the number a boat slips under this configuration a marginal wharf boat length of 22 feet was used. Boat docks for Stella Maris Phase 3 are governed by the Settlement Agreement and General Release and two amendments to the Settlement Agreement and General Release approved by the Board of County Commissioners(BCC).The Settlement Agreement and General Release was originally placed on the development to allow for a boat ramp which was unintentionally permitted but never constructed at this location. The boat ramp approval conflicted with the intent of the MPP to limit the number of boats utilizing Port of the Islands. The amendments to the Settlement Agreement and General Release allowed boat docks instead of the boat ramp originally approved. Boat docks to be permitted for the 912.05 feet of seawall described in the Second Amendment to the Settlement Agreement and General Release (OR 5360 PG 29) approved by the Board of County Commissioners (BCC) are limited to 42 boat slips with an average length of 22 feet, which is consistent with the maximum number of boats that would be allowed under parallel marginal wharf configuration pursuant to the MPP. The current application for BDE includes Phases 2 and 3 of the development, not just the portion of Phase 3 covered by the Second Amendment to the Settlement Agreement. The additional length of seawall would allow for another 26 boat slips with an average length of 22 feet, for a total of 68 boat slips for the project. A Manatee Awareness and Protection Plan in accordance with LDC section 5.03.06 E.11 shall be submitted for the site during review of the Site Development Plan for the boat docks. BDE-PL20150001366, Stella Maris Pg.6 of 11 ver.4.3.19 HEX 4/25/19 per dwelling unit; in the case of unbridged barrier island docks,additional slips may be appropriate.) Criterion met. The proposed dock facility is consistent with the calculation and methodology used in the Second Amendment to the Settlement Agreement related to the number of boat slips and the average boat length. 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 not met. According to the survey submitted by the petitioner, there is substantial water depth at the subject site. 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 survey drawing submitted by the petitioner, the width of the navigable waterway is 280 and 340 feet respectively. The boat dock facility will not impact a marked or charted navigable channel. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion met.The proposed dock facility will protrude no more than 10.7%into the waterway width, which is substantially less than 25 percent. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Criterion met. The plans provided by the applicant show perpendicular piers,which 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 BDE-PL20150001366, Stella Maris Pg. 8 of 11 ver.4.3.19 HEX 4/25/19 condition related to the property; these may include type of shoreline reinforcement,shoreline configuration,mangrove growth,or seagrass beds.) Criterion met. The shoreline configuration is unique because it consists of seawall only, which 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 area shown on the drawings is not excessive. 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 is not applicable. The subject property is multiple-family residential. 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 along the entire frontage of the property. All views for residents will be similar and neighboring properties will not be negatively impacted. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(I) of the LDC must be demonstrated.) Criterion met. As stated,the submerged resources survey prepared by Turrell, Hall and Associates, Inc. indicates that no seagrass beds will be impacted by the proposed dock facility. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) Criterion met. The proposed dock facility with applicable staff conditions of approval meets the provisions of the Second Amendment to the Settlement Agreement and the provisions of Section 5.03.06.E.11, Manatee Protection Plan. Additionally, the portion of the proposed dock facility outside the Settlement Agreement area meets the MPP. BDE-PL20150001366, Stella Maris Pg.9 of 11 ver.4.3.19 HEX 4/25/19 Staff analysis indicates that the request meets four of the five primary criteria and five of the six secondary criteria. Therefore, under the LDC provisions, the installation of a new boat dock facility requires approval by the Collier County Hearing Examiner. The recommendation by staff is approval. 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 reviewed the staff report for BDE PL20150001366 on April 3, 2019. RECOMMENDATION: Based on the above findings, the Zoning Division recommends that the Collier County Hearing Examiner approve BDE PL20150001366, Villages at Stella Maris 380 Stella Maris Drive North. Attachments: Back-up material, survey, including submerged resource survey BDE-PL20150001366, Stella Maris Pg. 10 of 11 ver.4.3.19 HEX 4/25/19 PREPARED BY: 4,2( '1/ C. JAME' SAB 61"`ICP PRINCIPAL L PLANNER DATE ZONING 'SION-ZONING SERVICES SECTION REVIEWED BY: sfif7RAYMO723, y/stye__ V. BELLOWS, ZONING MANAGER DATE ZONING DIVISION-ZONING SERVICES SECTION p MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION-ZONING SERVICES SECTION BDE-PL20150001366, Stella Maris Pg. 11 of 11 ver.3.25.19 HEX 4/25/19 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 I Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch. 3 B. of the Administrative Code THIS PETITION IS FOR(check one): E' DOCK EXTENSION ❑ BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION Name of Property Owner(s): Villages at Stella Maris Master Assoication, Inc. Name of Applicant if different than owner: Address: 380 Stella Maris Dr. N#2607 City: Naples State: FL zip.: 34114 Telephone: Cell: 615-961-2202 Fax: E-Mail Address: Frank@rfranklee.com Name of Agent(s): Jeff Rogers Firm: Turrell, Hall & Associates, Inc. Address: 3584 Exchange Ave City: Naples State: FL zip: 34104 Telephone: 239-643-0166 Cell: 239-784-0081 Fax: 239-643-6632 E-Mail Address: Jeff@thanaples.com PROPERTY LOCATION Section/Township/Range: 9 /52S 128E Property I.D. Number: 74890000602&74890000301 Subdivision: Villages at Stella Maris Unit: Lot: Block: Address/General Location of Subject Property: Stella Maris Drive / Port of the Islands Current Zoning and Land use of Subject Property: Master Association Common Property RMF-16 May 8, 2018 Page 1 of 6 S&9ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ADJACENT ZONING AND LAND USE Zoning Land Use N C-4 Vacant S RMF-16 Condos E RMF-16 Condos W RMF-16 Faka Union Canal DESCRIPTION OF PROJECT Narrative description of project(indicate extent of work, new dock, replacement,addition to existing facility, any other pertinent information): To construct a new multi-family 68 slip docking facility along the Faka Union Canal. The proposed docks will extend approximately 30-feet into the waterway and all slips will have the option for a boat-lift. We are requesting for a 10-foot extension from the allowable 20-feet measured from the MHWL. SITE INFORMATION 1. Waterway Width: 260&340 ft. Measurement from❑plat survey ❑visual estimate M other(specify) Aerial 2. Total Property Water Frontage: 1,485 ft. 3. Setbacks: Provided: 24&24 ft. Required: 15815 ft. 4. Total Protrusion of Proposed Facility into Water: 30 ft. 5. Number and Length of Vessels to use Facility: 1. ft. 2. ft. 6. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: There are numerous other docking facilities on this waterway that extend out past the allowed 20-foot protrusion measurement. Stella Maris South has 50 docks which are allowed to extend out into the waterway 35-40 feet. 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? 7.80 Acres May 8,2018 Page 2 of 6 9& unty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 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? 0 Yes 1] No If yes, please provide copies. PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips;typical multi-family use should be one slip per dwelling unit;in the case of unbridged barrier island docks,additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel(s)described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks.(The facility should not interfere with the use of legally permitted neighboring docks.) May 8,2018 Page 3 of 6 5r9unty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property;these may include type of shoreline reinforcement,shoreline configuration, mangrove growth,or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present,compliance with LDC subsection 5.03.06 I must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) May 8, 2018 Page 4 of 6 Colyer 9unty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: ❑ Dock Extension ❑ Boathouse Chapter 3 B.of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application (download current form from County website) 1 /1 Property Ownership Disclosure Form 1 Signed and Sealed Survey 1 Chart of Site Waterway 1 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 1 ® n 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 El ❑ 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 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS–INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ Bayshore/Gateway Triangle Redevelopment: [1Executive Director Historical Review ❑ Addressing:Annis Moxam ❑ Parks and Recreation: David Berra ❑ City of Naples:Robin Singer, Planning Director — School District(Residential Components):Amy Lockheart ❑ Conservancy of SWFL:Nichole Johnson ❑ Other: ❑ Emergency Management:Dan Summers;and/or ❑ EMS:Artie Bay Other: FEE REQUIREMENTS: ❑ Boat Dock Extension Petition:$1,500.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner:$1,125.00 0 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 le , Si narGre of P Toner or Agent Dat May 8, 2018 Page 6 of 6 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. Cor County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov,net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description maybe attached) 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 412]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 FOLIO(Property ID) NUMBER(s)of above(attach to, or associate with, legal description if more than one) 74890000301 &74890000602 STREET ADDRESS or ADDRESSES(as applicable, if already assigned) Stella Maris Drive • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) CURRENT PROJECT NAME(if applicable) Villages at Stella Maris PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR or PL# 20140000235 Rev.6/9/2017 Page 1 of 2 Cor County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for, or already appearing in,condominium documents(if application; indicate whether proposed or existing) Villages at Stella Maris Please Return Approved Checklist By: E Email ❑ Fax ❑ Personally picked up Applicant Name: Jeff Rogers Phone: 239-643-0166 Email/Fax: Jeff@thanaples.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 74890000301 Folio Number 74890000602 Folio Number Folio Number Folio Number Folio Number Approved by: Date: 6 / 11/2018 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Rev.6/9/2017 Page 2 of 2 I PROPERTY INFORMATION Warranty Deeds & Settlement Agreement *** INSTR 4847517 OR 4927 PG 3382 RECORDED 6/4/2013 12:54 PM PAGES 1 *** DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $735.00 REC $10.00 CONS $105,000.00 Prepared by: Guaranty Trust&Title,Inc. 1909 Tyler St.,Suite 306 Hollywood,Florida 33020 File Number: 120104 WARRANTY DEED THIS INDENTURE,made this May 30,2013 between: James Stiber,a single man as Grantor*,whose address is:275 Cays Dr.,Apt 2206,Naples,Florida 34114,and Twilla Lee and Frank Lee a married couple. as Grantee,whose address is: 175 Lantern Lane,Plain City,OH 43064. •Singular and plural are interchangeable as context requires. WITNESSETH: That the Grantor,for and in consideration of the sum of TEN DOLLARS($10.00)and other valuable considerations to said Grantors in hand paid by said Grantee,the receipt whereof is hereby acknowledged,has granted,bargained and sold to the grantee and grantee's heirs forever the following described land located in the County of Collier,State of Florida,to-wit: Unit 2206 of Villages at Stella Mar}'s.Condotttum 2200,a Condominium according to the Declaration o'C rin�t ' ufilt�i " recorded in Official Records Book 3234,Pae 4;Of-the Pubh , his of Collier County,Florida,and any ' ments thereto,togetheViith its undivided share in the common elkm ts„ -' ,r-, \ _ Parcel ID Number:804`61 } ,-' ! Jj SUBJECT TO easements,restti i •s reco a l d taxes for current year and subsequent years. t C'- ' •-� Said grantor does hereby fully I1he title to said lan 1 'e' nd the same against the lawful claims of all persons whomsoever. +J ''�� ( IN WITNESS WHEREOF, Grantor has ritett and seal the day and year first above written. WITNESS 1.A,_ . I • ' ..,_I eel) / James Stiber Printed Name , w. /06.1.i WITNESS 2. C►', ,(t0,c, (Seal) Printed Name - 'ea G State of Florida County of'BrtsovardCe ll It r The foregoing instrument was acknowledged before me on May 30,2013,by James Stiber,who is/are personally known to me or who has produced valid driver' - - ••entification and did take an oath. eNablit Name: My Commission Expires: �,.•.r� Nota. Pu :t/k. Lany Milderstat'of Forla dol .o":" MY Commission EIr"530 Expires 04r01r2075 FLORIDA: DEED INDIVIDUAL WARRANTY DEED-GTT I INSTR 5437407 OR 5422 PG 2240 RECORDED 8/4/2017 10:41 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $367.50 REC $18.50 CONS $52,495.15 Prepared by and return to: Brett David Fisher,Esq., Blackwell,Vishio,&Fisher,PLLC 2180 W First St.,STE 330 Fort Myers,FL 33901 4152,w95-/-5 %%ARRANTY DEED This Warranty Deed, is made this 3 frday of 7 (Y 2017, by and between Villages of Stella Maris M2,LLC, a Florida Limited Liability Company, whose address is 255 Cays Drive, Unit 2005,Naples, Florida, 34114, as Grantor("Grantor"), and Villages at Stella Maris Master Association,Inc.,a Florida not-for-profit corporation, whose address is Stella Maris Drive, Naples, Florida 34114, as Grantee ("Grantee"): (Note:whenever used herein,the terms Gr: . �li%J '• de all the parties to this instrument and the heirs,legal representatives,and assigns.` :•s,an. •: -•«._ s and assigns of corporations,companies, trusts and/or trustees) V l--" WITNESSETH, that the Goan r, d m co .I ration of n dollars ($10.00) and other good and valuable conside ati :,:; •- --.: ahn #'It a d sufficient of which being hereby acknowledged, doe he •b• g :n11, . 4s , : I.ra tee and Grantee's heirs and assigns forever, the follo • • , d, • r,. Iroped b iaagi situate in Collier County, Florida, to-wit: 1 L ; // STELLA MARIS TRAC ESS THAT PORT . • LAGES AT STELLA MARIS CONDOMINIUM 2000 A-n ..N OR 3065 PG 327' " ' • GES AT STELLA MARIS CONDOMINIUM 2100 AS D.''''• '' t : 3117 P :,`,S •GES AT STELLA MARIS CONDOMINIUM 2200 AS DES* ft38• • LLAGES AT STELLA MARIS CONDOMINIUM 2300 AS DESC IN ZH 1'1 Parcel Identification Number: 74890000602 (hereinafter described as the "Property") Subject to all covenants, restrictions, and easements of record, including but not limited to those certainstrictive Covenants and Conditions, dated July 31,2017 and recorded-in book S:42,ppage 21V of the Official Records of Collier County, Florida, and subject to real estate taxes for the year 2016, 2017, and for all subsequent years. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anyway appertaining. To have, hold and to own the same in fee simple forever. And the Grantor hereby covenants with Grantee that the Grantor is lawfully seized of the Property in fee simple; that Grantor has good right, title and lawful authority to sell and convey said Property, and that Grantor fully warrants the title to said Property and will Page 1 of 2 *** OR 5422 PG 2241 *** defend the same against the lawful claims of all persons claiming by, through or under Grantor. IN WITNESS WHEREOF, the said Grantor has signed and sealed this Warranty Deed on the day and year first above written. Signed, sealed, and delivered in our presence: WITNESS 1 VILLAGES OF STELLA MARIS M2, LLC, 3� a Florida Limited Liability Company, Sign: Date'/ , / BY: C/i C David Keyser, s a orized agent and sole member of Villages of Stella Maris M2, LLC WITNESS 2 Sign: • coy� l D- 3/4� Print: C n;(*.0 0 71.191111 'il 17: STATE OF FLORIDA C" COUNTY OF COLLIER rj --F 0 The foregoing instrum- ►- E r efore me this day of I 2017,by David Ke kka -I agent and sole member of Villages of Stella Maris M2, LLC, a Florida limited liabi ity company, on behalf of the company. He is personall known to me [ 1 or produced . r • ' • i • , , '1• 1 • icationX['. + torch Dnu-Rr 1.aaer+ao totwrM Creon of%Um VIIMY Conwill48101100o, Notary (Print, t -re, stamp co missioned name of (Notary Seal) KbSE M. My commission expires: f0/30/20zC Page 2 of 2 SETTLEMENT AGREEMENT This Settlement Agreement("Agreement")is made and entered into effective as of January 15, 2019 ("Effective Date"), by and between Plaintiffs, Villages at Stella Maris Condominium Association 2400,Inc.,Villages at Stella Maris Condominium Association 2500,Inc.,Villages at Stella Maris Condominium Association 2600, Inc. and Villages at Stella Maris Condominium Association 2700, Inc. (collectively "Plaintiffs") and Defendants,Villages at Stella Maris Master Association, Inc., Villages at Stella Maris M2, LLC, Villages at Stella Maris Condominium Association 2000,Inc.,Villages at Stella Maris Condominium Association 2100, Inc., Villages at Stella Maris Condominium Association 2200, Inc., Villages at Stella Maris Condominium Association 2300,Inc.,Villages at Stella Maris Condominium Association 2800,Inc.,and Villages at Stella Maris Condominium Association 2900,Inc. (collectively"Defendants"). RECITALS WHEREAS, the parties hereto have been involved in ongoing litigation regarding a dispute between them regarding whether Defendant Villages at Stella Maris Master Association, Inc. is a master condominium association and its purchase of Tract M-2 from Defendant Villages at Stella Maris M2,LLC. WHEREAS,the parties have agreed not to admit to any liability,but each party does agree that settlement is in its respective best interests to avoid the significant costs of and the uncertainty associated with the present litigation,i.e. Case No. 11-2017-CA-001591-0001-XX. NOW, THEREFORE, in exchange for mutually valuable consideration, the sufficiency of which is hereby acknowledged and intending to be legally bound,the parties do hereby agree as follows: 1. Incorporation of Recitals. The foregoing Recitals are incorporated herein. 2. Terms. a. The parties agree to submit the attached Agreed Final Declaratory Judgment (Exhibit "A") to the court for execution and entry by the court. Once entered by the court, the Agreed Final Declaratory Judgment will be filed in the public records of Collier County and it will become part of the Defendant Villages at Stella Maris Master Association, Inc.'s official governing documents. b. The parties each respectively agree that neither one of them will take any legal action to vacate the Agreed Final Declaratory Judgment. c. The Defendant Villages at Stella Maris Master Association, Inc. agrees to pay the sum of$29,369.20 to Barry Steven Mittelberg,Barry S. Mittelberg, P.A., as payment for the Plaintiffs' attorney fees in this action paid by the Defendant Villages at Stella Maris Master Association, Inc. Neither the Plaintiffs nor any of the other Villages at Stella Maris Condominium P 2400 '� D VSMMA D 2200 h"�` Page 1 of 8 P 2500 . f ' D M2,LLC _ k D 2300 P 2600 - D 2000 D 2800 l/'r P 2700 ,, D 2100 D 2900 - Associations (who are all parties to thiscivil action), nor any of their respective unit owners, will be assessed in connection with the payment relating to Section 2c. Payment pursuant to,this Agreement will be due and payable within thirty(30)days from the date that the notice of termination of the restrictive covenants on Tract M2 has been officially recorded in the public records of Collier County,Florida. d. If Judge Hayes strikes the reference in the. Agreed Final Declaratory Judgment relating to the Tract M-2 restrictions being void, Defendants Villages at Stella Maris Condominium Association 2000, Inc.,Villages at Stella Maris Condominium Association 2100, Inc.,and Villages at Stella Maris Condominium Association 2200,Inc:will each respectively schedule a meetingof their respective memberships within ten(10) days of the date that this Settlement Agreement has been fully executed by the parties hereto. The purpose of the special membership meetings will be to put forth a voteto terminate the restrictive covenants on Tract M2 as set forth in Exhibit "B" If Judge Hayes agrees that the restrictions recorded against Tract M-2 are null and void,therequirement for a vote is also null and void. Whichever instrument is utilized toeffectuate the voidingof the Tract M-2 restrictions(i.e.,the Agreed Final Declaratory Judgment with the Tract M- 2 restrictions being declared void,or a notice of termination of the Tract M- 2 restrictions being declared void following the affirmative vote to do so by the respective members of Villages at Stella Maris Condominium Association 2000,Inc.,Villages at Stella Maris Condominium Association 2100, Inc., and Villages at Stella Maris Condominium Association 2200, Inc.),it shall be recorded in the public records of Collier County,Florida. e. The Plaintiffs agree:that they each will authorize the release of funds, i.e. $725.00 per unit for each of the.Plaintiffs'unit owners who paid money into Barry Steven Mittelberg's trust account, to Defendant Villages at Stella Maris Master Association,Inc'.within ten(10)business days from the date that the notice of the termination provided for in Section 4 of this Agreement is recorded and that Defendant Villages at Stella Maris Master Association, Inc.is authorized to release such held funds to Defendant Villages at Stella Maris M2,LLC.The additional$175 special assessment being held in Barry Steve Mittelberg's trust account may be released to the Plaintiffs' Associations unit owners or to the Villages at Stella Maris Master Association, Inc. in partial payment of the special assessment due in paragraph j of this Agreement. f The parties agree that neither one will make any disparaging remarks about another party, any board member,,officer or agent of any party to this Agreement as it relates to any issues in this lawsuit. In particular,the parties agree that a breach of this nondisparagement provision shall give rise to a cause of action by the party who has been disparaged and such party shall be entitled to file suit against the disparaging party for damages and damage to reputation to include a right to recover all attorney fees incurred in P 2400 D VSMMA V D 2200 l Page 2:of 8 P 2500 ; J/ , D.M2,LLC TJ:f.• D.2300 P 2600 r D 2000 D 2800 P 2700.,/t„/� D 2100 .y D2900 AFFIDAVIT OF REPRESENTATION I AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20150001366-Stella Maris Boat Docks I, Rick Oliva (print name), as Preisent (title, if applicable)of Villages at SteNa Maris Master Association,Inc. (company, If applicable), swear or affirm under oath, that I am the(choose one)owner -applicantncontract purchaser) and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Jeff Rogers - Turrell,Hall&Associates,Inc.;or Frank Lee to act as our/my representative in any matters regarding this petition including 1 through 2 above. "Notes: • If the applicant is a corporation, then it is usually executed by the corp.pres. or v. pres. • If the applicant is a Limited Liability Company(L.L.C.) or Limited Company(L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • if the applicant is a trust, then they must include the trustee's name and the words "as trustee" • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. (PA, `IA? nature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed)and subscribed before me on g' '19 I t6 (date) by ,t<cxrQ.v E... C7)\:\v-c— (name of person providing oath or affirm. ion), as S ccs c9 v L, CV\vc— who is personally known to me or o .- . •duced (type of identification)as identification. ail` rimip/ -i STAMP/SEAL Signa ," .7 o . ` - blic " BARBARA D.cARYAJ1u. =+� 4.71 MY COMMISSION#FF 974788 .*i '••+ 'Y) EXPIRE$:Meroh 27,2029 �� ',,A3 j`,„ Bonded mini Notary Milo Unesewltere ''tSf tk„` CP108-COA-001151155 REV 3/24/14 I DRAWINGS I I 17 ° N v nco r!!S v A W S D4Z I v W Q 1 Jwr � '; ii a to ry ` ' aW o y Q � � � Z v — Z ¢r H o Z FE E V _\ wm o I/ NHfo � co . U OU N ** 6 rye. 4 ,,,i 0 2 } W W } 03 0 - I—I- Z J COO. o J `mob H b W 2 O WZ M— a Y O LL a rr a iv V ONM rn 0 v J W W r LL ZM CMZ NCO J LL Z z J U. *h: cZ W0 > Z o �aD �Wo Z w W HN o� Q g° 0 ., n n n n v1v Zv v v r Ctr„ ,,, g ,„,....._.(....) ,.,,_ ,_ Q 101111111.111411 W U O G I- py ., w o 1111 i� t) r 0 J `?�•w a0 4 tq t.., 11 1111FAV,,j4 i. '' E- ,?, l�X��� /n� xi COO D r � A.. 1)'2! wa 7O to 0' o_ L _ / \ i. 01502-villages at stella mans\CAD\SHEET\PERMIT-COUNTY\1502-STELLA_MARIS-BDE.dwg LOCATION 3/20/2019 x x th ° o .5 ie w N S •¢ 01IIjN ?y1 I. 1W Y. W ww4v Nw ^ R< ,'• 2 ; az" '',t41.? t { .AKa 2 o u xaa y.314' kowo a'3 Ir -1,, t" r 11,1 ,��� - ,..-""'„,,,e, %tr i--,1, 4,4„ =,.'!-; ' Of', - , ' 254/*55 � •t�•. ! •d,� w VI to`4,40 SP aziz'5'r 6�� a,=.' `. o8Pu pNi 11111®, hg d' •i. `Irt' t i•{X:'' `$rw-N")>°a3'zz It o O � • ,. gi=z �wr-o ^' t C \ 4,r Z oy UWl • ° .1 ....... _,,,,.,, _ (,) — yrs 'it ! ,r' k il Il I .1.. r . ji ,{-c---- ,..._ , . ..,L .,:. hi. ‘ .k .,_ . j , 11 011 ,_.: i4-,' ',, ,I twr ' -.":Till — J I ,, ,0„1,, ,...., . ' ' ''''' 1 't f ,4 I ,,iki :, do/ LLJ f. } i�-° y z Y W iLt:,',L I j� LIJ W AQ � _= it 0 W Ts tj - (W� Z uv ) . Arm, r \. m .n r Qala �ff ( , , Iia_"•" ` � a _. \ _J1 �.s a,...3 a A o U ...-A C c`i. a> cin d z d L +r 1- f (i +a 1tel' t1. II �- o p:11502-villages at stella mans\CAD\SHEETPERMIT-COUNTY\1502-STELLA_MARIS-BDE.dwg EX AERIAL 3/20/2019 I ,,. / .„ 1 ` \ i` Z3 ei 5 2 '''''''\ '''''):---- CO ace W C IILI– ca2 r: _ _ ,J — _G - w i----. LL/ t' L I\ •{ ° /� 1 2 1 co , " '/ ) I 1 wwY ww p� ` mjvo ccJ / E Cwax (/' �R o ao0m. .0/ ~ U a a sQ � aa � oz0 wmo Fj _ \ iii � Woo /� w wH Tr-‹....-;7--- ,..„__, , ,(� `� R r \\ \ ' Nin v 1i I z 1 ---- ------ \\\Ill.) � a Z gym$ N 3m n - 11 I N °�� Q 1 a`4a' a'nK. J ' zz0 jaa CO �� m �it g I' r0WD 0- I F f !,--L 1 W P W OO O Q' LU n J ..z WoO'vfEwzw Orcrn�1- H rL_ ct V I( I Q2Q(,Z nWY owW1 . \ \ • LLI CO V/ L Ei'c �appuooi�a� Zoo3 n wwclrcNalloo13i w CI N W ANLL - Z . J s j m i ; [,_,),, _ I a W 'n ` II M Q l w Z 1n J HI J \ \ /7 ill I � I n w I "° 0 0 CD 111 wwww _ .� , \\\\\\\\IP ~_• W � � M " � z az 1111\1\ I Cl) m �6 2 OCS-- M { XQ KQU ( G W H alai Pas as a • re ...- ca =1 ! I Illirlq0a ._____ -- a.�•ea C.—._ _ ---• ... ..., 40 Sao , w N 1 r 3 e? 1 A g p:\1502-villages at stella mans\CAD\SHEETPERMIT-COUNTY\1502-STELLA_MARIS-BDE.dwg EX LINE 3/20/2019 L' N --/� w ^ q • . I <,!, g ,7_ LIJ Ian "dt g _ w m * ,, 0 a 2 L`F, -.7--- --1(---1---.4 -1 i'.-(' til 0 i- w 0 0 0 , -7-I LL 1001r7. ill• • • •I• A • •I A • A AA A Z H _ tc 8 3SVHd .Mah. gigi N w 11 Q ►�' 14, v lows H Q V H z 0010 0 411_4 tm , a 2 JU- �1E xaW ; Z 111—■ OE OQ oO�� d.dl, W a o 11 .,. AKA a cd Z a ; z mom 6-2 aJaE 0 'T m -, NW QJ Q F wmw z o � vN o" 00a m yw i 0 s'4( ciLL z g o ri z '4.: m-0 ►1 N 3 CO5 41101) t p �� - �P�1 _ J acwirc�.--xd aLLi < —J = io m ��I } zo1� Baa axi ; Q .. vwrc na waF o � m J I a ui iwo arcs ��w "" .\ �` � I 13:.... aZ0)u ZUo 9.owz W w 6 W E �4 "'t � p O Q' opo wrc= yup o `fir LL W_ arc pv~i2 ..,c-,:. = d W O w LL x a j `,2t7). i1.1---‘- '"411P160 i ,,,...... 9 , J a ,c„, ¢aZ Q O W r;o,wrW3. iiiir�N V ikt � ZZO agaF oow¢R !!!?` 41 m LL Z_ �z�o��p3�z?owo it Z LL oo�>rc¢ oo3=vw,JOJ asJ Q a 4011 x W b y W wa>m ayFQ2E aQ Q 0 ��(( g $ C SIR W x O F a a N a W�i F a OF OF 1 4 E . . . . . . . W a 4111110I, , M wC - dW 0 l 4001 L a :, ��I O . ,,, :'o�vir i 4111 _ w 4111 W w 410111 N W AMC m N cv-y5 J _ H _ Q = QQQ �0I1 -I2 a.iv m >7 .:E xQ W � I . " a Nl7 c� off' OE eau) °' � I. ' xw N 0 a- d�pt_ Q a 2 w v y ~J a dNZ p 4001 x zF .23 Z .1 QE QMJ m ial', WQ ` C m4 �����:�] ego g _.. W n F ,11 I � nitJoieTo1 ' 2 11 wWa O r2-__ V 3SVHd E p:11502 villages at stella mans\CAD\SHEET\PERMIT-COUNTY\1502-STELLA_MARIS-BDE.dwg PRO AERIAL 3/20/2019 en d ab aOga -._ ¢ di N 1/1/)c., � ''Q _ y� rpr.:4 � oo Y� = NiI7'i till 111111i1�i11 "I it s iI #ip, aaJ !4C7 OH J •0I ; "71� ¢ ¢ ¢ N R w a .8172 m a o o A - a N h .�4I. of ei v 93SVHd -- Ag rc , Q � it7 ;Si u> 0 m li r '', .' . i!' 1 .cif W - J _ $ wmo 0 0 CO ¢ CO d z = ib2 m•mM f• N w'2w 0 91 . = W W J Ld: CO ILI N �uo;^Na aLLW ii r I ` .►�1 ¢ IH!lit mO=Q�I r iiiii r .I��I y - - 4' zo;a b K 0° W °MLA �¢I .�! c- d Z�j yL jt J ' � .. m . I J ¢¢ 5 uj f m y Z�O W 1-O3�Z I\ \ ' I 4ii��I LL W ga�i�aZoo33moa �En �) ! .prl W a 1Wil.18-622Wn° rW v/II � ! Oct w . an � a°O I. Q r w • I I I I �—_ � I iv Z ` ) JL re b " o L 11 n _ W W � � WW WW (n CL -;]7 m LJ1 wX II ° •�, co N x_ 4° g ~ W(9 .641 U H 1 m l a Q3 > Z > Z Q au ( .gel ° M . aW QN J l r— `; 49111a 3 Z a°c a o J 7 '..\\ _j r 'mm �W xx xx j \ v LLw 3Z 30 4 l J mre 0> Ow J ~ 4 p i1 2 v , uQ J Oki r Mmm =- � i— ll N o wm z - iir ► I • • 4I ! "v Jw < < < I- m d c \ lir 1111 5 Z m ..1 r I 4iII �� < CO< < 0 w 1 - --- ..—_ A — I I AMI W� aimpam0a 6 "V I (.92 = _I a.>- Ja a.a. .. cr x J N O J 4 OD O w e WZ > C0W'j041 uj W 'j �•1. a •YL� •1• • f• flU Il�c_Lt�I.J. ,� W W -I W w LL LL w 0 LL HQ (AHN �HNn �Z� �sA7Z O N M (•� 4 Z v m Cev ° OI v ° to A - V 3SVHd I) ,\ w 01502-villages at stella mans\CAD\SHEET\PERMIT-COUNTY\1502-STELLA_MARIS-BDE.dwg PRO LINE 3/20/2019 H < 2 w OD 0 ~ ~ N Z 3 W z W W LL a z W I— W H J y y g Q LL Q °w o 71 m (.4 m Q i -„ H w 1 I > o > ~ O €rc a °s a' OmmILI CO LL fV O rn W g J Z W C 0 a a o > 2 Q LL N w II lt, ` „ a a Qfn2O a a I goo N w Z O O K � m < � CI w I a 4 _ 1 t p C1. B 1 w _ h g o 0 LL ( r4 i 8F, 8 z X I -La' in z d V (V N w z f Erc mo s N O U y Yt J J p Ft 4D go(C2r".2------ji (.0<cQ 7.Q • Q 1 L Z W J `" O Q 1— z Q B � U P. J CO ILL EN N.................N.N..1C:/ wti � JW CD W Lu JJ\ Oo _I_ i .- Q �- F oa Q U i 11--- 1.--13.1::- am Q a a (1) QUN e / W a N CO T J CIS _ - J zo 11C... 1 ; C .. ---T) " c..› 5- � y " N e tXO a 1--- t. ( {L _ e 1 /i" 0 W O aQ, L" I C\\\/ \ co 10n r i O a °O 4 0.0 r m U L____0. -7,-.)„ . .i-p-q- . i. ..:4 N XII 01502-villages at stella mans\CAD\SHEETPERMIT-COUNTY\1502-STELLA_MARIS-BDE.dwg DETAIL 3/20/2019 Q H = H w 0 ~(9 CO N w JWLLJ J LL ate ,°—� di Z I— wF— J i2w Z J ONO I••• 0 > 0 {L m N m a `rcw sW wm mQm2W V IT J LL r O o w ce o Ce .J � CO X LO a. a> = aLL 4rn20 c 2 Et x CoA . w LL x 1n CO G LL g 0 Y arc i omON mu' 00 O w Oa ao � I— V ce \ ma I � adG K o w lw gZU.MM _m zF CX 0 00 -23, o f00 LL TQ 1� pJ / / a I- 1}}', °0 o Et Z J �j 0. 03 O _, I CD Q - I mi u Q �w (...-- , a 1 I— CO - 2 U ♦W/�� • 0 ' F vJ O Q - 17- \, ®(-- 7 C......., , IIC X,) z„,_ °I - 0 (n Q • J ce o_ a 1 1 J -� Q M il i Q Q Q m U ,� U I- ; m a I a CO W Wo = CD a. J 14 1 1 \ Ci VT I 1 e" ti CD J C1 Q o g 2 m X wrn a- g �'� m 4 J cry 3 03 0 xm n N'¢ A e- I la A"111444, 1, p:\1502-villages at stella marls\CAD\SHEETPERMIT-COUNTY\1502-STELLA_MARIS-BDE.dwg SECTION 3/20/2019 : :a rfx—r-1 0. 71.4:17.,, �, r 7 = = 1 csj* Z NS'4 11/17 �._N: s„,7„, 0 — 7....... 4-',k 'A I I = L_ � � e I- ... 111111 'Ili = - Jr _. _. ___. 4 0 0 0 1111111 ,� o 2 1 II IIIIIII ooi d V l II I1 II III,. a _ 1 I I 1 I I I7� x _ Q > - IIliIII ', fiY °2, Q ° g I I ' I � I11 N<, I m- J I , ` w 11111 ! I1l9 J v = (dJll)to '" W � w � ,� � ( IIIIII Z o I 1 I I I ,It" ,,, g (n (1);1' 111 I I 111111 Q o ss ,- a i w „ Al iiii, illlII 11111`.^ � z = ~ . , W w 14 r`' IIID ` ; 1 - 1— uj: t . RI .. 0 IIIIII (0 � wa V) R www J IiII IiIIiII 0 cc 0 CO II # . 11 II III QwNQ wcnz0 Alta111111 II tomo = a ,> . % rtxwu.+,.a.J^'V.,-,r'-S V9ws. ..��.. J.m - - - - - IIIIIII C G� ., 11111111111 : i ! 111 8 g _ _ _ ...... 11 2 z _ _ Ak _ _ _ _ moi. = ` '` 0:\1502-villages at stella mans\CAD\SHEETIPERMIT-COUNTV\1502-STELLA MARIS-BDE.dwa SUBMERGED 3/20/2019 ' " - _4:„,1,.„.,`;v.,:-,i7i;z4-1,,v,.,y..,Fr: .,,, ' ' ' ' ,•,,: '...'4,..,f1.. f..",.:7...,;.,:',[3,-,4,771',:..04,:!-:;;;M:iit.- .-":.,:r.i <'.7...';i•c",!..f ...„..t;.,,,-.„41f4 ''!",!..,,,Y,, z v e4' , N 3a.Y• - !' -� •a.,6 gip, i a. i "� W �l ;ti �yct 1 �{ 1F�;�1I �'y* t 3 Ty .*,,,c;e"+� *P. Y p� � `� , `MFS'iF. ^ � 'P y' k. yC' , -.'-'-i,';4`4,7." ��s � N �' - ,� Ra a e �' i- 4' ; I 4.'-4:-1,7/. .: V 'ir e 7.:: frh �: � yy is 1.:414,_' I-•; k .#' " p } .1; 4.'1'!'', 'a1n "totZ-. .t 0 f';::t::;::7',t!::>:4:'t:T, -'.''',.: - N ;:e : cd . ..a4 i o Oa ` r } S � S gZ, , / * . 1-* _ i '* � 0 j -te kir ,`�., 4/1, .14, " J, ttc-.‘,0 '"N ? - C/ �y F .....:41F. *� 'i`` 1 Q • Or a `_ Z :�,�'" yr;µ i Q - ,. Via' 14 ', 1 1 �.. Y^ .. ac i '-• L L = t4 O . r W li • Z v ry 11. " F 4. S A LL O r E '• 3 5 ° W Q� m 3 w w .G ., " t >. cn �, ; ,otis �. ,. J otio 2 c =I 'll - 0 6 g ` �. j,. .., ail t it Fes''` ',` d 11. $, ,t V:* 41110 Adore' ..t... ......,,e,,,,:„ r` , - fie: a " ,..,-,i,itt „ ,71*.' , , 1 p:\1502-villages at stella mans\CAD\SHEET\PERMIT-COUNTY\1502-STELLA_MARIS-BDE.dwg WOW 3/20/2019 BOUNDARY SURVEY I H z :$hCN k-' 411' i 4. w Igss8 g bm - _ h O) 0 o of LL o �o w Jaz 'g_-, k gyW • $ . K gW,•2 /� G 0 .Q. W dii wW t4 ' E6M&pgab • a` �o _ gbas v y Ojir• �� 5�. wg 8N N N fi L l 0,it: g� E 3 g @s �.1m!! It n � yj�g�i w? m� o� �o W 111 O®io O®ffaadeEs— -o w O° 0 •:• •• •is .1-3tti3mml1rc cwi op'.I.1 g �m =`n LL E a m 0 O m o f i m=J ogg 's'a= °w z o , g Q. dg a Oh, W n Eno 0O m t-o a S-cuw z k' d # g q 46_$7$ 3 e 42-g r Z ,_ 8 or,� = aLLU S Htm o o �� Y e � � 4' b W o how � mvoo 4 'eE � g w 11 °�W m aoCV N ° F oKa8 p g� s 3� e 1 o 0 N hlT m aq isle.,g •€MEi 3. 8 M 3 N §'' N o griax Rg i g5 'Y W to i k qF HO g Aln � Imp iia€P : ' u- 8 IL X a.3 b Nal itip ii i€W . g° 1s4 opi a.LOVN1 3AkIG SAVO (d)45491 (d),90'1S£ M.L8.91.00S M.L4.91.0OS / S03°553322"E n 1 J 10 154.95'(p NOT TANGENT N �% 1 ens t / 10 - w MdL9suo05 z /' G wj foul,- 'Tr iF� U LL b 0 W Sal NZN `zw 20 b S5''M / // pNZf'_ Ha �Z`� / V=aUKT,o W wQ� gyp_ /J/ gNmW _moo Rw - / /// H N m J 5 Ia o �' ' ii taw ¢wU. x gs ie` sytE�o o`° -'�-(!' VT a L., (4).9.69£ Z_ _ -$,__y U' / ' ei a 3.LL.L1.00N _ 'i �8 /�� Q'c1/2O , ', 1 I e-- � li. ' ' �?, �: (d),06'.91 jl- x v \ GJ 4, ,/ \ J ly.se s�E v='�o�� II Ii ;�19:3.OS.61.00N -` Noa 1 j ± (4).00.01£ W--:- �� ii .£4 FI Zz P,�/h^CPQ .4' /'' ,i o 3.44.91..00N a V ,c).irS „ mow- ^ — ii N i!i• ; 1 t7 �iww f� NE. and aro �,,,,, Rtglyi ,-*2�o z x _1 F . ," N a oho z� 2 30 1 J 2E8 ,% �`. b w = 8Tt :g §r°ooN�Jc < ...... N 8 F wwpnb� oo 2V. 5 / ; J ,4,.,,,,'.N, � 1 N ., +� o°W N< VOW 5, ,;• 1 1 Q ro=szu, �d J � g4 w�"13 y -\\ Wap � m w Q aoo6 E3°'n ipa w E1MgO > l d rOn �Fw 8 NO F6 'boa °-7i-';' $� w q 8. %I ! O 8 ZI � d / � ¢ aa� 03 rc0 oas Sgt a o3as� 8 8 ,011=LL Q `oF,,.q 0 ,EVi: J 0 y n LL Ln p.2 n n m N m 4.$f m v m8 U W W a 1po • .o rcWWi•hSg'r!tEt; p LL o= fpm �(=�Woo im;n UQO� i.immSP s1/4.' !qg rmFg Ert'):t �r,t5 �$Ittlr-1 F- mS� m� lL W Oiiz1mmz33z i1 .P,29,7E,M. ,$g- ifimF Zl% J N J (7 $ n ? g5� g Z a(pi'- zw ~ ULY <$8R171`_$ S73Y3� zZii ii�zgCAiii3zm LLQO InL 8$FrvRk”F-FF m w�rc_ °lnw � mC,�'$ffiffi$$�'A33m§ LiVi J O d' lam 8S 888$8888888 � ate. pz � a�$ s$$�$u 8r trsm�4.86:U4'.U s� m�E. e Z 2a4A"mfIa R _R ~ 0l3 2,10 O J5J.t3""2:-..:.-3:7,7:3 en OJm garBS, z. f8p, H 4 l.a ,,E)f.125uc28387 iE� P hg :mow >i a 1-2,-.2D X€ 8 o3a.o pgg-F e, (i in Ezwg-`22.51 g3§1< 11 J 328.41.000NN y o� U 0. lbNd� �W ,---.'16 ,..!; c �Il �1 CANAL X x W N p, OD .p m XO O X x O xi X� XO W xW xm 6X 6, 55., 4x io X O vW UA • .1,xX cz —1x°X xWNx. : �+ x A Om x° a o X2. iX XN x, XN -' X, ix w X !a Nx .W O O p N A '. � W 6_ x x I n� zZ ' r • m60 _ _, � Z NOO°14'22"E z >. � � zIV 0 D r- wm -IcD0 = 343.44' (P & M) ocom _ on � WD ° � 0K �rX O � oDc�)� � � � � m D� � , rODOm � DO 0 � ym ? omn y -nOZ —IUx x OZDX D _ O * 0 m Zr � D Ora C( mzn - m � <°, 6 rza? m2 - mZoz D m- 0 r m 0 > 13 D 0 0 XO= 13z * Ko5Tr D - zzx r * x x v -1x (n A�V in is) m r X PLAT X rn Xn v O 4...44 r DIv 1) 0Co m '" X m xx x x u WN a rn ? in O O ? 0N)) Z O TV CAX •• (o co X X X c:,.0, Cil ° �TNVJX co cx A � � W sW = Di, /1-0n O r \o x x K Z x •? x,x N N Z 1 N - '1 1— x x x x C1�C^, X 01 x (. . .in r D m 6—9'inin z -0 r i° 03 m -a m710 m°i£'ig€A sses t,4i q &NNE poi'dgi _` 8 sone 4n gfl- a IIE, axil a 5E§0 ,. 4 WI i5/9° 'Woo m �ggF g �&as g$ `'s e � :" €$ m°voi�A° Y/ z n, m �' dorms $E �;1 ° O a €a � I� a8 3z R. § ;m g€ m $'NAO-_- N w ;qilt g.g Abp ss' o o ti c4,3mr>�°°� ° Ti V m Z Z 5 5o F -R ®y 3 , �'$ $3 4 >>°0 -zo�g C OT UI _ fri W V 555 A O 8 A N 0 -1-gpy gg m $ 5320. [[ i m m C Z A 1 \/ (n O r 11 Y moo Y` y �gY>,d `� ° OA m0 g,ny yOry m 12 0 ;0 2 2 m O CO 0) :U r wx ic,,,Form im AE.,Op L E c 3 g o s� * K ooh ?;°PrOZ. �1^P9_.®o00■0o m m Ca fg8tV,PA �A omti8 P z C a m a. H j * �; mm$,^ 8 ">f" 8;a,1m oa mm°' ' �'� znvA m T Ac a N Cr' -m = fgR =o$$gmoa oo p �p •�o Arg=„_s o° oNo C7 . o _ cnm `o€€ a z m = y o # CD R m a $$'”^=7 %.A 8g, :.£osrgiN to N g gig mymZ til o O ,o g o �� -i' mho!9'x i - Hm m.142 MI 5 �Tya 0 3 @ > 'ax °m4gs.2"2'g i% gyp y �C ' makt*MT.'" a :i ri MRO•�$w Vis:€a c a n p, C $ 9r 9 °As E€f; i rg i ia a5 ; z W z 3e 1111111151 f/10 g � 0111 11 is 2i1,,{N ag3 Q2 2 o S S E C� ze a a� Y C o a a. Z NE i^z0 3 � hi N 11: S }i$ iii > iigb1 yymWs_ibzie Iii a h." §°E 'o 1 a q Sa g ON CL CC dr y CO m»PIe 0 �e�, a 2. i, i T4 `- w W O®"o00®E aaa'eSb i%p��BwlY9d :des LL �O � am1C , . WO m o E 8 II,, x rc 4 "� W z tt u .. �t ° 19 c MN- n E o V= m~O C '1 n .ru uraa �r II Y 5 pg:olgilti ho .i L E Z r. 3n LLWo ¢g n f n W cot- �o f Oo0 4¢ 5 Aid 0 M ,N g sa casi V y -sismT "s -3 @o did Ih p q� %i OP IN440 . = v�" N ws iii iih1L b`.3i co O VNI pg i! E.5 i§3 ai l?,1t3/111 s -a • 0 3.31../1•000N 41.17,-- i _ a _ (0) .99'61.£ �I� \``' 0.- i ^N R N n n^ conte 03-AA.I. XN • x ^ XM N TX �N �XN c X M M x cI(M x cc Wxc� N N x N I \ n X M M X M (+j M X f ul ri c? x c+, x v I Mx vZ-- , ,>„; � � � vX a0 c�7 ":9,q X � xh �X x x x � In ^ :VrcCj c4CV X o M pp co 0 o0 ,,u? ui r ' Z 1 x x i Y Lq Y ri ? x X _ x I L96 01-1 i� o SOON m x. J o z 'en 1-- W _W XJI- a- 0, n x x N (Lx 2r-: J Q N 63Cc0 N O n Wd. PO ZW Mqx x ZOO < U) Q <r - � Z � O U LLQ -- IW O 0b 20 ,o O OW II I-L ¢L �, Z ;1.• 0- LL. p ZD x x x o ,- 001= X00 N I- a_ a OQ II Er) 0 > ceU) O I- W a. Wao a. --- J a Z ,n u>in Ki,C)(9 W W Q J c? qui X co x JQ XX x u, U 'M V) .Old N ---- (411416)- O .. Mvj t7,6 X co. C c6,6,-, ' n SUBMERGED RESOURCE SURVEY I VILLAGES AT STELLA MARIS 385 STELLA MARIS DRIVE N NAPLES, FL 34114 SUBMERGED RESOURCE SURVEY MAY 2016 PREPARED BY: TURRELL,HALL&ASSOCIATES,INC 3584 EXCHANGE AVENUE,STE B NAPLES,FL 34104 I1 STELLA MARIS SUBMERGED RESOURCE SURVEY MAY 2016 il ,, it T. Looking towards weir and US 41 d + ' ! •. • t tz ks ' a e 'Or i Looking west along property shoreline page 6of6 t-- _ , ..,, 4 s. ''''A.. , cs, 2 ' '---- ........_ . ,... .. ........„_LT........___.... ...._ ......... , .... _ , ___ _ _ _ :____ .... t.„ .A. '41/1ilk"' - r .. N .. .......,,- 1 N sj r y O. 1 IO. f1 I 1 I o _ ®5 s } s-� 1 < .7 oogo Ol 5s #,R i st . o Z o i .. . , 1 Amo 0 0 .IZ'� 1 0 3 Q o F .� '" .';u .: z w U ® w W °' 1 0 . ESo m 01 LL . „I.: :•-.!..1. 1 I 1 � R I I rI Q �m I X . z _ W wt I I (n w iv I 1 >a'.:1-11- '' I I I 't �.. z II' N Q I I I h Q a 41U Z (/) w W .... C7 0 =' II1 ? 1 Q t� li II f. '' 0 t .t O- < « <4 � _ ....,,>,... C.� O ern k . I ; '44- oma 0 1I I I cn °' z W �? ss - - ¢ M -0 �. �� o ® R7 O s . h<. = u Pte.. LaJ %£ 71; {, E: - + 1 Mx 1 E `i P:\1502-Villages et Stella Maris\CAD\SHEET\EIA\1502-STELLA MARIS-TRANSECTS.dwq TRANSECT 5/10/2016 I OTHER DOCUMENTS: PRE-APP MEETING NOTES I Co er County Pre-Application Meeting Notes Petition Type: BD Date and Time: Tuesday June 30, 2015 at 9:00 v„q 1)(4e, Assigned Planner: Fred Reischl Engineering Manager(for PPL's and FP's): Project Information Project Name: Stella Maris PL#: 20150001366 Property ID#: 68300001259 Current Zoning: RMF-16 Project Address: Stella Maris Dr City: State: Zip: Applicant: UttittpairabStella Maris Master Association, Agent Name: Dan Truckey Phone: 920-737-1345 Agent/Firm Address: Villages at Stella Maris Master Assn. City: State: Zip: Property Owner: Stella Maris Master HOA, Inc. Please provide the following,if applicable: i. Total Acreage: 0.48 ii. Proposed#of Residential Units: N/A iii. Proposed Commercial Square Footage: N/A iv. For Amendments, indicate the original petition number: v. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Port of the Islands (The Cays) Phase 2, a portion of Tract C Rev 4/1/15 Co County Meeting Notes 670,44 eche i /4/4/40494-'90 ,7 ib44.5 i 1-0 = 4c, pc of/ 4-cc iA4'Cr rti 1" PA/4=J S E-NC-,11t 4f_�eP //"iI1 %_ / ,c"cq' SHWA /14,41/fAm) M4, -1`6 .0.4.1,,'(~Uf1 5-1 yl t ,‘ t(r ? aos kzy-4-4- cct_ti }y S 6 .64tz Cit pat_ it-Loci/el c4 ,14_111.16-6, et_ ()LA:- Rev 4/1/15 Cotler County Pre-Application Meeting Sign-In Sheet pi#:20150001366 Collier County Contact Information: Name Review Discipline Phone Email ,Richard Anderson Environmental Review 252-2483 richardanderson@colliergov.net ❑ David Anthony Environmental Review 252-2497 davidanthony@colliergov.net `i Summer Araque Environmental Review 252-6290 summerbrownaraque@colliergov.net ❑ Steve Baluch Transportation Planning 252-2361 StephenBaluch@colliergov.net ❑E Madelin Bunster Architectural Review 252-8523 madelinbunster@colliergov.net Mark Burtchin ROW Permitting 252-5165 markburtchin@colliergov.net ❑ George Cascio Utility Billing 252-5543 georgecascio@colliergov.net L_! Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heidiashton@colliergov.net 1: Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@colliergov.net ❑ Eric Fey,P.E. Utility Plan Review - 252-2434 ericfey@colliergov.net Li Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@colliergov.net ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michaelgibbons@colliergov.net ^ • Nancy Gundlach,AICP,PLA Zoning Services 252-2484 nancygundlach@colliergov.net ❑ Shar Hingson East Naples Fire District 687-5650 shingson@ccfco.org ❑ John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net ❑ Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net ❑ Alicia Humphries Right-Of-Way Permitting 252-2326 aliciahumphries@colliergov.net • Marcia Kendall Comprehensive Planning 252-2387 _ marciakendall@colliergov.net ❑ Reed Jarvi,P.E. Transportation Planning 252-5849 reedjarvi@colliergov.net iStephen Lenberger Environmental Review 252-2915 stevelenberger@colliergov.net • Paulo Martins Utilities 252-4285 paulomartins@colliergov.net Li Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto@colliergov.net il Jack McKenna,P.E. Engineering Services 252-2911 jackmckenna@colliergov.net ❑ Matt McLean, P.E. Principal Project Manager 252-8279 matthewmclean@colliergov.net 11 Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz@colliergov.net ill Michele Mosca,AICP Impact Fee Administration 252-2466 michelemosca@colliergov.net Annis Moxam Addressing 252-5519 annismoxam@colliergov.net ❑ Mariam Ocheltree Graphics 252-2315 mariamocheltree@colliergov.net N. Brandy Otero Transit 252-5859 brandyotero@colliergov.net • Bill Pancake North Naples Fire District 252-2310 billpancake@colliergov.net John Podczerwinsky Transportation Planning 252-5890 johnpodczerwinsky@colliergov.net Rev 4/1/15 Caer County Brandi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net X Fred Reischl,AICP Zoning Services 252-4211 fredreischl@colliergov.net ❑ Brett Rosenblum,P.E. Stormwater Plan Review 252-2905 brettrosenblum@colliergov.net ❑ Michael Sawyer Zoning Services 252-2926 michaelsawyer@colliergov.net ❑j.dFby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net Chris Scott,AICP Planning and Zoning 252-2460 chrisscott@colliergov.net ❑ Daniel Smith,AICP Landscape Review 252-4312 danielsmith@colliergov.net X Scott Stone Assistant County Attorney 252-8400 scottstone@colliergov.net Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net ❑ Carolina Valera Comprehensive Planning 252-8498 carolinavalera@colliergov.net ❑ Kris VanLengen Utility Planning 252-5366 krisvanlengen@colliergov.net ❑ Jon Walsh Building Review 252-2962 jonathanwalsh@colliergov.net ❑ David Weeks,AICP Future Land Use Consistency 252-2306 davidweeks@colliergov.net ❑ Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net EJ Christine Willoughby Planning and Zoning 252-5748 ChristineWilloughby@colliergov.net Additional Attendee Contact Information: Name Representing`" Phone �vt/�v�Email ,LYkt/1 iw r MaQ C1tti r J CkeNarAl`~)C,cWoov-)0- �-Li 0.�oLod ?u r ( . .mac ,ic) rthJs 6A) t01.1J-6, K a' 1 azac Tc)t-i st ►e- cciAkevryv Apt 1- t.c «�k. + Cl+rt K.G "7 315 pct-v"icir.v, u v L c al e 1, 1/- 14. 1.) t.-.--_ Rev 4/1/15 Coier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) 3 BD(Boat Dock Extension)4,- ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit Q SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIP'(Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) 0 TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal& Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) Stella Maris Tract M1 Stella Maris Tract M2. FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with, legal description if more than one) Tract M1 74890000301. Tract M2. 68300001204 Boat Ramp 74890000408 STREET ADDRESS or ADDRESSES(as applicable, if already assigned) Port Of The Islands,Naples F4 344.14 • • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) CURRENT PROJECT NAME(if applicable) iIiage ttStella Maris Boat Docks PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR or PL# STS Qt -65 '-J SI1P ,200,2 _Ak- 3.36 Gor County 2800 NORTH HORSESHOE DRIVE COLLIER COUNTY GOVERNMENT 34104 GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDAFLORI FAX 104(23252-5724 www.colliergov.net Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: Q Email ❑ Fax ❑ Personally picked up Applicant Name: Dan Truckey I Villages at Stella Maris Master Association Phone: 920-737-1345 EmaillFax: dantruckey@gmail.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY i Folio Number 7110066030��y tt Folio Number 0��OQ/MO t 20C( Folio Number 2�( 660 6 q*O b Folio Number Folio Number Folio Number jf Approved by: AA Date: J f{ Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED { 1 - 4r-i(ff/ BrethauerPaula • From: GMDPortal Sent: Monday, June 29, 2015 8:09 AM f a n rj E 1 1 To: BrethauerPaula Subject: Meeting Request Received ,. Categories: Yellow Category, Purple Category i\� �- Paula Brethauer A Portal request has been received for a Meeting. The Hearing Reference Number is: HH20150004710 To view the full details navigate to the hearings sheet under this reference number to view the details of the request. Folowing is the information privided by the portal user: Reference Number: HH20150004710 Project Type: ConsLrudlion Plans V'1341-tark-Cl Project Description: Extending a metal structure. Behind an existing building. Existing Application Name: Meeting Type: Pre-Application Meeting Preferred Date: 7/08/2015 Unavailable Dates: 303 6t(COati Location: 4060 shirley st. , naples, FL, 34109 {U Full Name: Kendal williams Email: admnsuprt(atgmail.com Company Name: Metro tile and marble Representing: Contact Number: Cell: 340-513-7762 Please follow up with the applicant to schedule the meeing date and time. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. I OTHER DOCUMENTS: PUBLIC HEARING SIGN PHOTOS & AFFIDAVIT I A.„ -.,-::'.:•:-.;=.-. ,,,• • - •-: '. '"; -zo.,. ''' ;:f,iii, ,,-, ,.. . , f A, . ` \- 4/0 .1 -4' •4� int. 444 - .•.• 1 a E a ---.--- ,„.....• ..„._ :. ,. .,. .... „.-...,:::.,; .,,,......_,.-„,,,,-_,-,..„,-„,,,;.,-„,„,..„,.:.,,:,'.„. , , , . --4A','-'::.:',.!, c Sri' c vr.., �:o�„ '''*'----'----7:----- �-.-:,. ''- . -"" , Y 3T!�K- xE '_Mai pl dr S Y .4;5—:`N - } M 1 r�. i S .✓ - 't 11 1 f F PUBtIC NEAP NG NEO 1'ED BOAT OC`CN _. .,., t A•x- [ Y. .. E%iEN60N AP 9 1 R D 14 \ !t #t ! tFm,v� ..ao- i '4� �3 "° a� dr13 �tA e'i t i�i t' a�v� � khQr7 : irN, dvY 'r. kPVI'l.' rt)b 110 s F1,.. { --} , ?`;.> Niti .��6i FYl Y: k4, 44 ,F`qk 74b' t ' ;tf"K 4wir '-a` � qyq :i ,'Po 1x;:l .f5 ,d - .r^' '-`if-,,''? � : �y, -;; _> i14441? `"sx .. t r s QIP i „ ' i r. .Y� r IS'' II. .UCEdAqtES96pDC€ ETVtlp�UR45kv ■. ; W* : x _ s M 6rj> ,..,,,,,,.., ,,,. ,,I.74,,,i,.,..4.......5„, ,, .„,-.-t..„...,,,,, .,....,„,:,.4.. ,,,-4,,,,„„-;--.,- ,,,,,4,...v,... ..-',... ,"4.. -, F _.,,,,,.:„......„:::.71.;,,..,.1,:r., .. ..,. .t#,,,„.... ,•,),.:, ' 4,..-2-...,:-Vr-0":„4,*';`11"` ,-„.'„''',,•,..x..a."1"7•'...--7: ot....7,,,F4 k , ���� 't..-...,,: 1---- �� ��",' `" ��� � ass �-� ';'•°',447::,.."., � '�: g?,1` 1�i^s` ;24:-.1',4,%.., .s ? I�J Y',?,,- -efi �'a i � y S oa -•}`i S:„1y '''FAi. 4 ,-r' +f._`!sr' ' =q • �.7 ra k, 4 ' ,+ `-`. #t.;a G.^�x•T " _*s..!!'•=.� 5+.97 i " x. Y t f v;,-,,,,,,, . #' Bryk ` T �e. . PUBLIC • �. �� x NEARING REQUESTED BOAT DOCK , a, , EXTENSION APPROVAL N" '# . PET7TIDN1: BIN-PI1RIewoufA, STELLA NARNIxMT IIOCk APPROVAL.„ t.....„�' . 'ad. -HEARD BY THE BEARLNG EXAMINER(tlEXS vILI ALES Al STET LA NAOS SI'EEI A.SOELO10R._.., [511144 x +.' EXTENSION OAFS INF IONI.N. q'EEET IINU441 44 ` y OEA MAXIM MSO SLIP MDT TuxMRRNON FACT To30£Ui 1 E� 7 1k #} AMII AC41 AT STIlS MILS U0I,fOHUVG[55414 :1 11,11 , i. f 1N LAGESA AMD5AMAIL CWtGNIX I;V.ti44 °''o' _ ^' st.,, "__ S OLIVE TF41 STill0 OCAttdl]POMT FA TNEN�Ins.:S x RNiLENOETANIAWTRNL 054.45 IE24 o:e E LP EAST.IOLUEAWUN1Y E. a Masul .i192 A9 yM i .Naf9I'1P � PIYSN2 � lh • !::,,,, .: T f ,1 �„F> .1' EI. 1P5CM,EE9EY/.TROIAMANR�R'wNN'EawwAaulT ,4 s " "�', .0 ` ,' n r •i---•,•• •••----P ..t SIGN POSTING INSTRUICTIONS (CHAPTER 8,COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) �-, A zoning sign(s)must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code,Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails, staples,or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PL20f,5-400/344 . ----9�� 3s�sy x diahyye ,¢ve SIG A�I'NRE OF�OR AGENT STREET OR P.O.BOX U e (i?-• (Dot E.("'" 1P.� j L. 39/o ei NAME(TYPED t IT PRINTED) ,STAVE ZIP STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this \r day of A ` , 20 VA, by 'JeQ �-0-jef c , personally knowu to me or who produced as identification and who did/did not take an oath. Julie Valdez SiGt '..t .' NOTARY PUBLIC i ature of Notary Public a ' STATE OF FLORIDA 0 11 ', ; `-Ca GG303114 �u..\ ,e Vctlde 2_ +' Expires 2/18/2023 Printed Name of Notary Public My Commission Expires: o`1 I S)a 0a3 '--., (Stamp with serial number) Rev,3/4/2015 INSTR 5363950 OR 5360 PG 29 RECORDED 2/3/2017 10:28 AM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $35.50 r SECOND AMENDMENT TO SETTLEMENT AGREEMENT AND GENERAL RELEASE This SECOND AMENDMENT TO SETTLEMENT AGREEMENT AND GENERAL RELEASE (the"Second Amendment")is made and entered into this_o.M*-' day of 02 20 /7 by and between Villages at Stella Maris Master Association, Inc., a Florida not- for-profit corporation (the "Master Association"), and Collier County, Florida, a politica] subdivision of the State of Florida(the"County"). WHEREAS, on June 26, 2007, the Master Association, County and POI Development, Inc. ("Developer") entered into a Settlement Agreement and General Release (the "Settlement. Agreement"), dated June 26, 2007 and recorded on June 29, 2007 in Official Records Book 4251, Page 1019 of the Public Records of Collier County. Florida, affecting the property described in Exhibit A,attached heret. Vq ` e ke,• ");and i WHEREAS, pursuant .,,ia erms of the Se Slit Agreement, the Developer, in recognition of the Collier sun) Manatee Protection P sn, s treed to grant the County a conservation easementover is s a‘f..I_o tlltat- to bodt woul. be lowed to dock alongside the seawall, in exchange for t - C•un perm ' g e use of a bo.t ra p, as described in the Site Development Plan for Stel a - +. e , .a .,�. , , T , o the condition that the boat ramp would service no mo e v:. its t t n o Id . oc d to; site the seawall in a marginal wharf configuration; and k-� Com. WHEREAS, the Ma' -` • sociation, County ! D-v entered into an Amendment to Settlement Agreement an, ',era] Release (the t``.. •• ent") on May 12, 2015 and recorded on May 27, 2015 in 0 l ' cords Book 51 +�4]'G,0 of the Public Records of Collier County, Florida; and /, E / WHEREAS, on May 12, 2015, the County approved the vacation of the conservation easement via Resolution No. 2015-95; and WHEREAS, pursuant to the terms of the Amendment, the County agreed that the intent of Section 4.6.3 of the Collier County Manatee Protection Plan, relating to shoreline development within the manatee sanctuary at Port of the Islands, is to limit boat traffic in the area to the maximum number of boats that can be located in a parallel marginal wharf configuration along the waterfront of multi-family areas. WHEREAS, based on that interpretation, the County agreed to allow for construction of residential boat dock improvements along the 912.05 foot long seawall previously encumbered by the conservation easement. consisting of no more than 39 boats, each limited to 22 feet in length, in place of the previously contemplated boat ramp; and ' WHEREAS, subsequent to the Amendment, staff determined that additional docks could he allowed, and that a maximum of 42 boats with an average length of 22 feet could dock along the 912.05 foot long seawall in a parallel wharf configuration; WHEREAS, the Master Association and the County agree that the intent of the Manatee Protection Plan will be preserved by allowing the construction of the number of boat docks J OR 5360 PG 30 necessary to accommodate a maximum of 42 boats with an average length of 22 feet, as long as the cumulative vessel length will not exceed 912.05 feet. NOW, THEREFORE, in consideration of the foregoing premises and the following mutual promises (the receipt and sufficiency of such consideration being acknowledged by the parties). the parties agree as follows: I. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Paragraph 6 of the Settl-•• i gr."; 's amended as follows: �. 1 Boat Dock Imp • .r'.. The County : o approve the residential boat dock imp .v •-nts ("dock improveme s") •described herein for the portion of the St: I. 'v avis • . •evelo. en, abutting the seawall described i Ex ibit "A •s satisfa•tory a.•lie tion by the Master Association fo '`t `-• • en.ment, Boat Dock Extension. and t, o he q i. ill, 'o‘i p-rm' s or approvals in t ,:ate. •— • •• ss •: int, ordinances and accordance � ,, .. y regulations. It sock improvements pall csnsi.ritti no more than 3.9 42 boats with anIt :tie length of 22 fei .•en, t .05 foot long seawall described in E A "A " • ': ., :• • • •o. '• ••_ •, which is consistent with IV 'mum number .•iof boats that would be permitted under a p �k, ,d, tfu;.• tguration, located along the 912.05 foot long seawa .11.. x ,„' •• • • •• ••• • , - ': : :: : . The Master Association docs not presume that this Amendment to the Settlement Agreement provides for a one-to-one boat-to-condominium unit relationship. The County's the-Eensetvatien-Easement-deser-ibed--in-Paragrcaph- . 3. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed by their appropriate officials, as of the date first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT BROCK,Clerk COLLIER COUNTY, FLORIDA F 44 By „ ,e/c1 k-i/i • ',124) put ,Clerk eIt.r,n 1 c , Chairman • s(griatute.00 , 11,-4(I,K-01497!I3O5t129i1 I Words wtdcrims'arc added;IA tads slrrwxk-throto are deleted. 121%16 oR 5360 PG 31 Approved as to form and legality: Scott A. Stone Assistant County Attorney L.) WITNESSES(TWO) VlL AGE T STELLA MARIS • ;+ v • .S IATION, INC. • Aitratie.L'd i Print Name: B . � � 7. / tr • _ 00 c `M ✓ ckey. President 'Tint Name: a5 e 41, ar j `1o?„� -4(CORPORATE SEAL) STATE OF ,s v c'i ) SS: COUNTY OF 6,-0.P". ) The foregoing instrument was acknowledged before me this (0 day of 20 l 1 . by Dan Truckey as President of Villages at Stella Maris Master Association, Inc., a Florida not-for-profit corporation, on behalf of the corporation. He is personally known to me or has produced (type of identification) t \Isti 1 L cc.. e as identification. JORD41iaA�tDL Y V U "` � � - JORDAN BRADEE EUVE otary Public NOTARY PUBUC STATE OF WISCONSIN MPrinted Name My commission expires: / ' —) 17/ 19. _.-- — tl5-CPS-01497/1305029:11 Words underlined are added Words shook through are deleted. I2r91r, 0, 3) *** OR 5360 PG 32 *** A . r PORTELLA& ASSOCIATES,LLC Land Surveyors Dennis M. Portella, Sr. PLS PHONE:230-775-0.511 WJUNG ADDRESS: FAX 239.776.6465 2384 UrAvood Avenue Ema1:DpodeAeaockcom Naples,Florida,34112 APRIL 30,2007 EXHIBIT "A" PESCRIPT1oN OF A 2,35 FOOT COS NTAT STELLA MARIS TRACT M-1 A PARCEL OF LAND LYING • • P/4=NG IN >� TRACT M-�, I�L MARIS, AS RECORDED IN PLAT BOOK 28, PAGES 26/ li 7 OF THE PUBLIC R OF COLLIER COUNTY, FLORIDA, BEING MORE P• -TIC '1.4 ' DESCRIBED'• F• , OWS: COMMENCING AT THE • a v1..- • 4•i - 0- TRAC (4.1, STELLA MARIS, AS RECORDED IN PLAT BOOK •: -5 ,.t.. . _ g COUNTY, FLORIDA;TH Eit.,,k ,*?' S7•>I�'*T.►{ RECORDS OF COLLIER X44' ►.6•%"'••._� •;, =� 'LY INE OF SAID TRACT M- 1, RUN S 00'19'08" W, ' DI r�.•11s•- .�i FEXISTING (1.35 FOOT n s�;.ri,A ., :,off.•, TERSIDE FACE OF AN WATERSIDE FACE OF • i -41,41140,4e404g IA j STERLY, ALONG THE FEET TO THE .• .! • : i r, , eu, e.. - r,. ,r'sem SIA ERVATION SE GENT HEREIN DESCRIBED; THEN' 'r"r`.- EASEMENT THE SOUTHWEST CORNER r�w u,�• / ` �` ANCE• OF 568.44 FEET TO NORTHERLY, CONTINUITHWESTr, •e•,`�... . �,/u._T: ,4, s.,. ' THENCE 00'162 THE WA 1.. r •.-,.•1••• t ! I SEAWALL, N 00.18'22'E, A DISTANCE OF 343.61 FEET r T .i - • �a THE PROJECTION OF THE NORTH LINE OF SAID TRA• 1, •-y ("9T E EASTERLY, ALONG SAID PROJECTED NORTH LINE OF • 1 STELLA • A• 85'49'58' E, A DISTANCE OF 2.36 FEET TO A POINT BEING 1 $7•• • t. ; e • • E LANDWARD SIDE OF SAID CONCRETE SEAWALL; THENCE S• • • ,..,44.4.6..i. - W.A DISTANCE OF 341.44 FEET; THENCE EASTERLY, N 89'41'15" E.A DIST• • • 566.09 FEET: THENCE SOUTHERLY. S 00.1(5'45'W.A DISTANCE OF 2.35 FEET TO THE POST OF 8E0INNINQ. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. CONTAINING 0.05 ACRES,MORE OR LESS. BEARING CONFORM TO THE EAST LINE OF TRACT M-1, STELLA MAWS, BEING S 0019'08" W, PER PLAT IN PLAT BOOK 26, PAGE 26 AND 27.PUBLIC RECORDS OF COWER COUNTY, FLORIDA. 114 G�1 Qct A•ti�i 1 nhl n Tmnn 01/24/2017 EXECUTIVE SUMMARY Recommendation to approve a Second Amendment to the Settlement Agreement and General Release between Villages of Stella Maris Master Association, Inc. and Collier County, to amend the Settlement Agreement and General Release, dated June 26, 2007, as amended by the Amendment to Settlement Agreement and General Release, dated May 12,2015. OBJECTIVE: To approve a Second Amendment to the Settlement Agreement to change the number and length of boats that could dock along a 912.05-foot long portion of seawall in the Port of the Islands located within Tract M-1, Stella Maris, as recorded in Plat Book 26, pages 26 through 27, of the public records of Collier County,Florida. CONSIDERATIONS: A request has been received by the Development Review Division, Growth Management Department, from Villages of Stella Maris Master Association, Inc., to amend the existing Settlement Agreement to change the number and length of boats that are permitted in an angled dock formation along the 912.05-foot long portion of seawall within Tract M-1, Stella Maris. Specifically, the Association desires to change the number of boats from 39 to 42, and to change the length of the boats from a maximum of 22 feet to an average of 22 feet. After review, staff has concluded that the proposed changes are consistent with the Manatee Protection Plan, as further described herein. The County had originally approved a boat ramp for the subject property as part of the Stella Maris III site development plan in 2003, but subsequently rescinded its approval due to environmental concerns that the boat ramp approval conflicted with the intent of the Collier County Manatee Protection Plan (MPP), to limit the number of boats utilizing the Port of the Islands. However, the developer had already entered into numerous contracts for sale of the property based in part on the County's approval of the boat ramp, so the parties entered into the Settlement Agreement to avoid potential litigation. As part of the Settlement Agreement, the developer agreed to grant the County a conservation easement over its seawall to ensure that no boats would dock alongside the seawall, in exchange for the County permitting the use of a private boat ramp that would service no more boats than could have docked alongside the seawall in a marginal wharf configuration, which County staff opined was consistent with the intent of the MPP. The boat ramp was never constructed. Therefore, Collier County approved an amendment to the original Settlement Agreement and a companion vacation of the conservation easement on May 12, 2015, to allow for construction of boat dock improvements to accommodate the number and length of boats that would otherwise be permitted along the seawall in a parallel wharf configuration. The MPP limits the docks in the Port of the Islands area to a marginal wharf configuration. The intent of the requirement for the marginal wharf configuration in the MPP is to limit the number of boat slips in proportion to the length of available shoreline; there was no intent for the MPP to limit protrusions into the waterway in Port of the Islands. As such, it does not matter whether the boats are parallel or angled, as long as there is a limit on the total number of boat slips. A non-marginal wharf configuration has also previously been approved in Port of the Islands for another nearby development, Sunrise Cay II, through the Board of County Commissioners (Board) approval of Settlement Agreement ADA-2008-AR-14059 (Agenda Item 17E, September 15, 2009 Board meeting). In the case of Sunrise Cay II, it was decided that the intent of the MPP could be met if the applicant and the County were willing to enter into a settlement agreement. The Sunrise Cay agreement limited the number of boats to no more than would be allowed by the application of the marginal wharf criteria, but in an alternate non-marginal wharf docking configuration. Therefore, the County approved an Amendment to the Settlement Agreement and General 01/24/2017 Release on May 12, 2015, to allow an alternative, non-marginal wharf docking configuration for Stella Maris III similar in fashion to that of Sunrise Cay II by specifying a maximum number of boats. Pursuant to the terms of the Amendment, the County agreed that the intent of Section 4.6.3 of the MPP, relating to shoreline development within the manatee sanctuary at Port of the Islands, is to limit boat traffic in the area to the maximum number of boats that can be located in a parallel marginal wharf configuration along the waterfront of multi-family areas. Based on that interpretation, the County agreed to allow for construction of residential boat dock improvements along the 912.05-foot long portion of seawall previously encumbered by the conservation easement, consisting of no more than 39 boats, each limited to 22 feet in length, in place of the previously contemplated boat ramp. The calculation used included slip spacing of 0.75 feet on each side of the boat (1.5 feet between boats); therefore, the number of boats was calculated based on the total length of shoreline (912.05 feet) divided by 23.5 feet (22 foot boat length plus 1.5 feet of slip spacing per boat). Subsequent to the Amendment, the Association has advised staff they would like to have an average 22- foot boat length, not a maximum as specified in the original and amended settlement agreements. Further research by staff has revealed that the settlement agreement approved for the Sunrise Cay II community in 2009 (after the original 2007 Stella Maris settlement agreement), allowed for an average, rather than maximum, boat length. In addition, the Sunrise Cay II Agreement did not include space between slips for the purpose of the boat slip calculation. Therefore, by removing space between boat slips from the calculation used in the Stella Maris Amendment, staff has determined that a maximum of 42 boats with an average length of 22 feet could dock along the 912.05-foot long seawall portion in a parallel wharf configuration. Therefore, the intent of the MPP will be preserved by allowing the construction of the number of boat docks necessary to accommodate a maximum of 42 boats with an average length of 22 feet, as long as the cumulative vessel length will not exceed 912.05 feet. In conclusion, the Amendment to the Settlement Agreement(s) is being amended to: 1) indicate an average boat length rather than maximum boat length; and 2) increase the number of boats allowed along the 912.05 feet of previously encumbered seawall from 39 to 42. A copy of the proposed Second Amendment to the Settlement Agreement(s) is attached hereto. If the Board approves this amendment, staff will continue to apply this calculation to other projects in the Port of the Islands. Staff has reviewed the Settlement Agreement amendment and recommends approval. FISCAL IMPACT: No fees were collected for this amendment to the Settlement Agreement. GROWTH MANAGEMENT IMPACT: The settlement agreement has been reviewed against Objective 10.1 and Policies 7.2.1 and 7.2.3 of the Conservation and Coastal Management Element within the Collier County Growth Management Plan and found to be in compliance because the provisions of the Settlement Agreement amendment meet the intent of the County's Manatee Protection Plan for this area. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval --SAS RECOMMENDATION: To approve a Second Amendment to the Settlement Agreement and General Release, dated June 26, 2007, and recorded on June 29, 2007, in Official Records Book 4251, Page 1019; as amended by the Amendment to Settlement Agreement and General Release (the "Amendment") on May 12, 2015 and recorded on May 27, 2015, in Official Records Book 5156, 1 101 of the Public Records of Collier County, Florida. 01/24/2017 Prepared By: Summer Araque, Principal Environmental Specialist, Development Review Division, Growth Management Department ATTACHMENT(S) 1. Location-Site Map (PDF) 2. Exhibit A (PDF) 3. Second Amendment to Settlement Agreement 12-19-2016 (PDF) 4. First Amendment Settlement Agreement documents 2015 (PDF) 5. Original Settlement Agreement documents 2007 (PDF) 01/24/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.2 Item Summary: Recommendation to approve a Second Amendment to the Settlement Agreement and General Release between Villages of Stella Maris Master Association, Inc. and Collier County, to amend the Settlement Agreement and General Release, dated June 26, 2007, as amended by the Amendment to Settlement Agreement and General Release, dated May 12, 2015. Meeting Date: 01/24/2017 Prepared by: Title: Environmental Specialist, Principal—Growth Management Development Review Name: Summer BrownAraque 12/20/2016 4:10 PM Submitted by: Title: Project Manager, Principal—Growth Management Department Name: Matthew McLean 12/20/2016 4:10 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 12/21/2016 11:22 AM Growth Management Department Matthew McLean Additional Reviewer Completed 12/28/2016 11:20 AM Growth Management Department James French Additional Reviewer Completed 12/28/2016 2:14 PM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 01/03/2017 9:17 AM County Attorneys Office Scott Stone Level 2 Attorney Review Completed 01/05/2017 8:14 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/05/2017 5:01 PM County Attorneys Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/11/2017 10:47 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 01/11/2017 11:24 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/16/2017 10:07 AM Board of County Commissioners MaryJo Brock Meeting Pending 01/24/2017 9:00 AM . 1 6.A.2°.a I 15 5. 0. m CA i oCo N V4 r -0 -F •-• 70 ill 3 Pb., m 1 O -I .a y o ri N NI CAn c0 I� s �' rno 1-4 M(1/) W o n +' C y C d y E M-1 — • d * 4=- CD N a y }I d 1 4 W W 'U N v' E f u)a 0 "row mnro d Q H ▪ g .a5,2 o Cl) OW -, '()r - N .0 7 0.°�C�‹ W Fp o-a I R TI G 4.2-'1RR° •b O ar - C w 0 44 4 NOT TO SCALE -P CO • g 0H O ern 0 to v ^ 0 ii 0 IV �rn p CC '1 DO t tJtN t WN ± E Cmi 0. a n a r QUI d --U, f° O > O a7 0 L-4 (I) D DO 7 � O 4+ - m Hm OCn CU Cl) 0 rnV 1, ZH Oar y 0 K N zeaa) w� E 0 — n -3 rtj 4 .0 M� N� U �� h��1 1/.�'y1 S �J wil N, J 4L J N� Q . Pak) Cn rn N (() U M NI Obi• C �N NH 0o N 9 ND r N J O 0 1 I N l Packet Pg.485 AGENDA ITEM 3-B Co er 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 REQUESTED 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 101, further described as Section 31,Township 51 South, Range 26 East. Collier County, Florida. (See location map on the.following page) BDE-PL20180001843, Turner Dock Page 1 of 9 ver.4.8.19. HEX 4/25/19 m R) rn o m (x1 OP O .� () (0) \ co\(F) ° `g} (m) r rt )ca o VO cti $,co ykt, .., ; ; . (�) ca 0) — a ,, 1 2 N ce L Z CO O °" IX} a 18 > CO� HQ �a i ad� O 0 CO CO0 m _ l 0 (NI -J _/1 z a. CD i ' f.2..:,!../_?;z E o ei I- I C 0► Z v O y 3.2 a.I a LL. 5 Q. `'4.:,.4 CU 4#) o /37 . ,.\. (130 z o W 4 a V • n. O '' BDE-PL20180001843,Turner Dock Page 2 of 9 ver.4.8.19, HEX 4/25/19 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 submerged 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 r;v -p,.,y..._, got, N 26 DOLPHIN AP'•. - vs.40,„ oi„ CIRCLE i. ‘‘''' 4 t 44,0114 „or t . tv et e/ .- j)1/4 -,, N. - ,s, „ ...-- ,.....,--.,. am. � ''' I7"' ibdi 1 „hl } Ah- _ AINY10u. e Mr IT W ��Y ,,.; . t r 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 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi-family use should be one slip BDE-PL20180001843,Turner Dock Page 5 of 9 ver.4.8.19, HEX 4/25/19 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 PL20180001843, 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. JAMES,.A:O,AICP, PRINCIPAL PLANNER DATE ZONIN DIVISION-ZONING SERVICES SECTION REVIEWED BY: RAYM D V. BELLOWS,ZONING MANAGER DA E ZONING DIVISION-ZONING SERVICES SECTION 4/—(0 MIKE BOSI,AICP, DIRECTOR DATE ZONING DIVISION-ZONING SERVICES SECTION BDE-PL20180001843,Turner Dock Page 9 of 9 ver.4.8.19, HEX 4/25/19 C _ "'"• COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net WC Section 5.03.06 Ch. 3 r of the Administrative C-le - THIS PETITION IS FOR (check one): • DOCK EXTENSION BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED 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 B2City: State: ZIP:Marco Island FL 34145 Telephone: 239-272-3152 Cell: 239-272-3152 N/A Fax: E-Mail Address: bernice1imperialmarine@yahoo.com Name of Agent(s): Bernice Clark Firm: Imperial Marine Construction, Inc Address: 601 E Elkcam Cir B2City: ZIP: Marco Island State: FL 34145 Telephone: 239-272-3152 Cell: 239-272-3152 Fax: N/A E-Mail Address: bernice1imperialmarine@yahoo.com Section/Township/Range: 31 /51 /26 Property I.D. Number: 52343800009 Subdivision: Isle of Capris Unit: 1 Lot: 101 Block: Ilia Address/General Location of Subject Property: 26 Dolphin Cir, Naples FL 34113 Current Zoning and Land use of Subject Prope-q:v SINGLE FAMILY RESIDENTIAL May 8, 2018 Page 1 of 6 Gooier Count y COLLIER COUNTY GOVERN:.>. : 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DE:` NAPLES,FLORIDA. 3410a www.colliergov.net BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Zoning Land Use — N Inland Waterway Inland Waterway S 1 - SFR Vacant Lot E 1 - SFR SF Home W 1 - SFR SF Home 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 end,extending 77.5'from seawall panel,and 77'from sea wall cap.Dock platform will be 1 S-6sfa lift will be installed at the end,and another to the side as shown in site plan. 1, Waterway Width: — 12,000+ ft. Measurement from Q■ plat LJ survey n 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. 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 1 acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? Q Acres May 8, 2018 Page 2 of 6 llier County Co 2800 NORTH HORSESHOE DRIVE NAPLES,FLORIDA 34104 (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 n No If yes, please provide copies. 'e✓ tt, 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.) May 8,2018 Page 3 of 6 Ikt Co er County a a _ 2800 NORTH HORSESHOE DRIVE —+ NAPLES,FLORIDA 34104 (239)252-2400 FAX:(239)252-6358 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property;these may include type of shoreline reinforcement,shoreline configuration, mangrove growth, or seagrass beds.) .- 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of -- neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present,compliance with LDC subsection 5.03.06 I must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) May 8, 2018 Page 4 of 6 26 Dolphin Ct —4, 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 2.6 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. Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE —, GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 ',cc •= _'"'. . (239)252-2400 FAX:(239)252-6358 Dock Exten : Boathouse Chapter 3 B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the -- application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application (download current form from County website) 1 /1 n Property Ownership Disclosure Form 1 ® ❑ Signed and Sealed Survey 1 U Chart of Site Waterway 1 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 1 U facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property;and • Illustration of dock facility from both an aerial and side view. Affidavit of Authorization,signed and notarized 1 �� n Completed Addressing Checklist 1 Electronic copy of all required documents *Please be advised:The Office of the Hearing Examiner requires all 1 0 E 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. y_ • Please contact the project manager to confirm the number of additional copies required. May 8, 2018 Page 5 of 6 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ Bayshore/Gatey Triangle Redevelopment: ❑ Executive Direcwator Historical Review ❑ Addressing:Annis Moxam ❑ Parks and Recreation: David Berra El of Naples:Robin Singer, Planning Director 1-1 School District(Residential Components):Amy Lockheart ❑ Conservancy of SWFL: Nichole Johnson ❑ Other: ❑ Emergency Management: Dan Summers;and/or ❑ EMS:Artie Bay Other: FEE REQUIREMENTS: ❑ Boat Dock Extension Petition: $1,500.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 ❑ An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to:Board of County Commissioners. The completed application, all required submittal materials,and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 rv .30 aeici Sign`:ture of Petitioner o+Agent Date a May 8, 2018 Page 6 of 6 Please complete the following and email to 2, r le,cc, or fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ., ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) -- ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans &Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal &Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description maybe attached) ISLES OF CAPRI NO 1 LOT 101 + N 40FT OF LOT 102 OR 167 PG 282 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 in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted 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 '� Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: E] Email El Fax 0 Personally picked up Applicant Name: BERNICE CLARK- IMPERIAL MARINE CONSTRUCTION Phone: 239-272-3152 Email/Fax:BERNICE1IMPERIALMARINE@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 .37 Folio Number Folio Number Folio Number Folio Number Folio Number --- Approved by: Date: Updated by: • Date: IF 01 DER THAN 6 MONTHS, PORM Ml UPDATED OR NEW FORM SUB Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIV7. GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 i. www.colliergov.net (239)252-2400 FAX: (239) 252-6356 WWI This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf,to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: _ Name and Address %of Ownership Godfrey Malcolm Turner 50 Patricia A Turner 50 26 Dolphin Cir Naples, FL 34113 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address %of Ownership _ N/A c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: ... Name and Address % of Ownership N/A Created 9/28/2017 Page 1 of 3 COWER COUNTY GOVERNMENT 2O NORTH HORSESHOE DRIVE -- 3R0 H MANAGEMENT DEPARTMENT VAPL2S, FLORIDA 34104 vwa�� cnU!e/� t {239) 252'24OOFAX:(239)252-63G8 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership N/A e. |fthere isaCONTRACT F(]RPURCHASE, xxithanindividual orindividuals, aCorporation, -- Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address %of Ownership N/A Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: -- Name and Address N/A g. Date subject property acquired 1--lLeased:Term of lease years/months If, Petitioner has option to buy, indicate the following: — Created 9/28/2017 Page 2 of 3 co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HOPSESHO_ ^T GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORi www.colliergov.net (239)252-2400 FAX: :;:,. 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 10/28/2018 Agent/Owner Signature - Date Bernice M. Clark Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 — 4/5/2018 Print Window AFFIDAVIT OF AUTHORIZATION g OR PETITON NuMBERSIS, P L2.0igCCOIS' 3 - 12Ttria-71,:..r - _ • :cm"dale. i(4 rti,inVItrACY.: :.,orcrase !Li 4ulr.'il L ec.":1,“ebeappm,u10, AC.C, .ITIPte arc ',-..efralr--ec txur-ettv ai ,tuft çS ;jar.. .2uperrred r",•-• rev, -f• dna the Lard Ceve&octrert Co.de, A. arswers to'Se 7.1Liesborsr oain4w-ell-e°1°;VT! =4n. •rs 1. 4 •••••• ottact‘od horell and mode a oar'cf pbcabor are I`A.:,,eat and Pt_;•a. t\a'M -thanzeC t'e sta" fC,jbef Court,'I,orter uwr th.o OFVfArtly ?C.(149 1:1.-X1:1060 of er le.astcettir`g and ekAltbilaCc Ole request made throw".`'‘a apcia:A:ag, 4 the prcoertv 5 te transferrec cznveyed. s:Je. Or ar.AXI-rxie<! Sut. Ct Matra.lice erpoted by 1-,e appeovoe.:actu-sr /or t allirkOnDitprirl ice IC1" r any matte narding Inns pet lion,rritide'l I thrt)ort aLrren ",s0fes: • rf fho 3(4;24 ".t o3 ki•;42,27.4rafil2r rho, Roe.rod !to • ft-mt 400cant Is a Omacia LAarvirry C-cinc.any it L C. 2r Lrneted Coer4any C •-rpeePy be Knad!.,y PI* .1.,T,00py 'kriaretp.ng Lierrguar • -.f! iopicanf.5 3oartnars11.p. fypvcady a i:ortnai 4an 9,gr w 'oes1,0 of Cfc p.v,..foof.1-f•‘; • tne sookart,5 a 0.m44.<1 crier-W(0V floln ff )p' *Piedrie.must ourne rd‘Prirda0 ert 'porwy r.wirt,to'cg VW marled cfatInfev,p . scoicant Ps a trust,then rh9y must rrICkde r r11:04 2 flame JJ C trte.WC-1,22 54keliVee' ▪ eacn irnitarc.s. f>rst cleftterlov the*ppaceinf s stafo sa g rodnodual corperafe That pcylnersr,re a(N.? k,sdabe.Ippropriahv roe'mat ti",ft (..eri,ler penally/II of air) 1 der.:14re that I Aava read the fOtegoartil alftdaytt of Aulhoezatien arvc that ¶t'.e tactsAtabso /tr a true _ _ m 4-- 4-. 2_0 SKInature Oats P. STATE Of FLORIDA COUNTY OF COLLIER kelveyeig Ylstrer.ort was 'Jr= Aani-MaK,' per0". nj icrer c PflRifificc tpar41 cA perscr rgc.ryl-ding out ex, k Arty:haS p."OduCed A.4 ityt.e dertliketX)o,a, ( / 3T/aPrit,3. S. re 1hIotary Put)r. "kik Notary Public State of Florida Bernice M Clark %.c. I My Commission FF 962888 'Pop no Expires 02/t a/2020 i rola-4 U., 11'. Kt,.11.4104 Regards Malcolm Turner malcturner@mac.com 2/2 Imperial Marine Construction 601 E East Elkcam Circle,B2 Marco Island,FL 34145 y` PH:239.272.6952 zvz-v vi,-.Ina periathI arineC onstruiction.corn 24 May 2018 To Whom It May Concern, It is our goal to build a new dock,based on approval from original boat dock extension permit protrusion setbacks. {Commented[011:Although there is no paperwork .�.� The dock was damaged during Irma. Owner would like to re-build,staying within previously showing a BDE in 1978,The tax office added the new dock approved protrusion. We plan on shortening the actual dock and putting a lift at the end(due to to their drawings based on a permit issued in 1978.It was water depth issues),and a platform lift on the RH side,keeping within all approved set-backs. assumed by them,based on their records that the BDE was ' . We have included the Certified siteplan and overhead views of the property. approved at that time,and it was finaled on 03/14/1979. The original dock did not have a lift,the owner would Iike to add those for recreation purposes. Thank you for your consideration. Sincerely, Bernice Clark Imperial Marine Construction,Inc. 239-272-3152 1 ten-Great Price and¢uttZZ[y Work Meet! o"1 • •"1 1 FOLIOI ABE SKINNER,CFA - 'NU ER 3e 3'1 CARD NUMBER hof? 1111 III 'III I I li 11 II 1 l I PROPER� �URNAISER LEc„.1SLES OF CAPRI O g LOT 131 ...' G 5 2 3 4 3 8 0 0 0X00 95 N 4OFT OF LOT 102 OR 137 PG n s STRAp 1 426400 1016831 282 f.SICALADDRESS 6 DOLPHIN OR LANG USE d8 i 1 ` 1 2 3 4- 1 2 3 4 1 12 3 4 8 tr2 3 4# 1 2 1 3 4 1 1 2 3 1 4 $ - PRAME{corttlnuep) ;!: :.ROOF FRAME RCOFING FLOORING:(continued) it (comenued). HEATING SAXA 3 "Rf Concrete Wood Terrazzo Rog Terrao _Rm Apis 1 _ None .....1 4 Steel Steel Shingle Carpet _Rm Apts 1 Hot Air P 1 12 3 I4 Cons&Steel Rt Concrete ' Composition Vmyr Rm Apts I Steam r SUE-STRUCTURE Stone Metal PLUMBING Unit Heaters to Slab L 8 ROOF TYPE Asphalt INTERIOR WALLS 4 None _ Heat&A!C -- Y I+ Piers EXTERIOR WALL Flat Tie Unfinished t Fixture ELECTRIC Cont Wall Shingle Shed - Rf Concrete Wood 2 Fixtures J None .-.ii. Easement Composition Gable 0 Built•lip T&G Plaster 3 Fixtures d Yes Q I Metal Hip li Panel 4 Fixtures EXTRAS - 'FRAME Stucco h Gambrel FLOORING Dry Wail 5 Fixtures _ Sprinklers Wootl•Light Wood J Monitor Dirt i Factures i Elevator(stop_ 1 Wood-HeaW //e)rrrr Tile Sawtooth Wood ROOMS Fixtures Elevator(stops_} , Block l�0 Beck Deck Plywood Store Units Tile Floors OHD x� +- Tile Brick Concrete Office Umis 7 YuTile Walls OHD_x_ Brick Tile Rooms 10 Full Tile Walls Height NO. SINS CLASS �.. BASE AREA ADJUSTED AREA sins 100 INDEX ADD fMINUS YR BUILT CON O NOTES H 4 0 { ^t^ r < f i 1 I E. {ftto Pg :\usY�-tt1-t.CL'Lll ..R 7fi� egM 17 r r�+ 4 g. { t k A r # i FF �_' g 7o!J L.�'-..l .tr„ t ,1^ r§{,,„t i tl l`i 6 r # i 3 k„ Se. ;t >a`4t/ p.F�'3�vin... - -�- �E, r t t f K { ¢M„�' I f E _ III I -41,-, I t i E a /� . z T s 3 x 1 I III DATE CREATED' PPr•I i APPRAISER D DATE INSPECTED DRAWING.NUMBER tax-FORtas(+,r10} I ' 1.41. . ♦fes • Date:November 30,2017 License: C36468 Proposal Submitted to:Malcolm Turner 26 Dolphin Cir. PH:239.970.0445 Isles of Capri,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 form a dock as shown per drawing. o All stringers and cap timbers to be 2"x8"Marine grade 0.60 CCA treated drilled and lagged with %"x5" 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 1"x2" Azek fascia board strips to match decking. Also to reinstall clients rope raiL o Boat lift package to include: Furnish and install (1) 12,000lb 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"x4"x8' heavy duty black bumpers one pair to be higher than other so one kayak can come in and out first. o Also to include(1)5 step safety drop down aluminum ladder and(1)custom Azek fish cleaning table. o Electric package to include: Connection seawall, wire(4) motor boat lift with emergency shut off switches 9 m - O 1 N PADDLE GRASS W— ,_ ,r m is, y 1 C 0 E C — m A 0 o DIVE TRANSECT I Z — i- 47 ,,, p a m m "•'..c'.'_:,' v ��1, /, �i / # .940411t fi tp, - ..,,,...... av' s' , ...,,.... ,,,,41111,,,,,,,,..4 .., * ,410(101141, a TYP .s.,,,... , HAL1 Turrell,Hall&AssociatesInc. p. �] DRAWN BY JR _.. ` 1 • ® l 1 R N F R / 1�l 1 1 P H I IV DRAWN BY: IJT Collier County Property Appraiser _ ���� n41,n41,.._,.n41,n41,.._,. MEDIUM <GE I Total: 1181.59 ft E9 Segment: '1958.48 ft ,,.,‘ER CO j " ti y- ;,,,4-' Zoom in /...m."\':='" �' A.f a!#ll {L ',` Zoom Ottt AM.' ' .} ��_ r��;��i�°'°", Identity to,,,,,) r,t,xn,n by 9 Introduction Sr Measure - 9 Search for Parcels by 9 Search Results allt 1 . _�,,4#. Fus�c my iew 9Layers - ro°alPrevious 4 Legend r{= tr,41t°® ',hew — Print " a"," .; Zoom To '4 Title: • .y.i - Selected +.� — — — . - x ' •' • '..,., ' Clear Map Paper Size: Letter(8.5 X 11) • a a _: AgrrGraphics oa ` :: orientation: Landscape • j Sir•.'S. +�, f . ., Overview Pre��te • - 2 L - - + € , t it a Aerial Year: _ _ - .3,- _ 2018 • j �' #'' 4 Sales Year: .,ry - x ;OFF • 1 A haw t Near r: - IA ` 1 4 \, ��� -arrca11mr �P•vnAs+sMaaoerL-#'1 'T'`'-- 0—SOft 0 1.14 Aerial Photography:January-2018[81N]-2018 RFT]-2018[50FT] l 4.4441 11.44, /11 OM.441 444.1 411.4 l s r • t MAP LEGEND - , , ,-f- - 4 4t7 Mater Roaita , ft ' ,,' utathas .,., , : . ,,,,,,,, ,, F'arsrt s ;, to ne+i*.is2013f2Ftf i �. .. Aetlals 2414 12FSj ' Ajt:;4- ' ':- '.' -1 '4 .,,,,.,,.� - *" 7'7 Collier County '''.',,''' - ' ,' .- t "- . - 4',ti.- '''lipr *.' tj • . " Folio 343800009 " Number: ,GODFREY + - . _ '` " Name:TURNER,GODFREY ' � : . � �',• ;:7„„,4""-", rffi MALCOLM t '„ ", Street#M Name:26 DOLPHIN CIR r �^;,, Build#/Unit#:/101 Legal Description:ISLES OF CAPRI 40FT OF LOT 102 167 PG 282 ....., ',,,,,, i ':ill. -ii .,„,,,,, „, ;* l'ii.:,'":,:- , ',,,i`,11 4,,,,,..,' ' i •$ .10.7'''llill 77 .,-,,:et.,,,i,,,,-i . ', 11111116 ,011 i di ik F't- •. . ''4.'.- - 1.0) ' ''''If. ,, ,..,.,, ''-t i ! .N- - , , itfot,,,,f 2004.Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,no warranties expressed or implied are provided for the data herein,its use,or its interpretation. C_. I .2_' ; 4 ms' s 1 k -,z 26 Dolphin Cir Sea Oat island = ari; 1 r..., "y ` +1 -- Map data©2018 Google 500 ft .--- ,.—_ /...r Sub'ect ©(.k as i MAP LEGEND MaAt #toads If ., i''',•4'°*" i . Street Names r Parcels rwoo"* #` , Nr, Aerials 201816 Ss ' Aerials 2918 f2F1 . J Nio<0040bief '11111V :r „ ear- _.., -- „11" ' �.R y N 4 . .„ . .----,- - 1 , - < q 2004.Colter County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,no warranties expressed or implied are provided • for the data herein,its use,or its interpretation. _ __ __ __ __ __ -_ -- __ _ _- ` _ � .1.__ _ _ __- __ / NO 'it-,2'w i `E 3 0 .as Z a'NN N WI. 4 m n N W Z2 III ! d LL of zio6o m a ==e $ O N o N o 0 �❑ LLI U 7p�1W-Z Q v $ O �� Oz7V' d 7 wawa w 3t@ _ m 9 / 3\ w�, g W ZZ ��- o y ZQ O9 U ❑NQU a affiliii•atl g N 0 8 W SWW /1/ F R O Q N atl7 g u `r Yu Cg O ��OLLR' Z�WKZ� P-, ou La N C' i j7 ❑p 7, 0I�LLL Max, O 2N Z 16 pWW U 2O °aFpQN - N LL W i °.� // U` F �co U y \ O °3 Od UZ z Ww V>— o-o ttw ii j # y o ',45:- m Q• Q 0 r N W Y-° o KE , 2'§?=o W o o m2 • E. g -- • D � r Z N Qm 2J N U-I y2K< aJg7 .. 6 \\,....._} 0 ra W 8 O Z a W '-'1"---' g a'2o z a c¢i w ±,,,Z, u- L Z n .,,;) RF LLaw>�aLLw ❑ o0 N 0 = a00 a }ZN�oo�o Z w w ,�, m o N \ W 0 a O g o u_wm FUF=ONUQ 0 OC73U ❑ ❑ o N W N _-_ Z U��zppOw oag�^zLL a I.\ zz 3 "° a o 0.6- ,Li w V Z h aUz� w w K r R a p W W 6 w W j 3 V° F w - O w yy n0 Y g W Z o N �- 6 4 -h ) � w,��' W LLV n 2ryhW .� 00 O g K M O P. Q iLtic .m g2 a u, �K. p y�K y1 WOZWW 12 a_ � axz �oCoh tau u57�mot E P. ¢ �°°oaa x 3 9 ax °zW ° Ow,O�ow ul >o °�'a: w ¢°ww TE w z wwwooz o a o �w vow�z ° n www�m ¢-� Z . jN OPJ °" w2, 1 IHO Ez 0 3F ow° ��" W m w o !I! !H1> ib go oaf raw�w W CO fD o�d. w� za ohW iQw ooFi fOiN ❑ ❑ o o o ❑a: ww rc . w oo�a:oh acp_i< ° ww w 3�wfA3w �yzta ow w Www �aawhrc Z N C.1 N' Z� _ o® ¢?Rwwown z ao mo omwj`°w zzwrc -.a ° z w'� De, V. ww ❑ o1igoo W 6 N O Ww '- ° �oaw°uwzci omc°�z �h�w Diaz ted¢gig > �no�o �m�w g ¢oz iLL�FLLw Y ❑ >¢ o N a i ,°.' wrca i x o wz¢m OYw afrom¢ Oo0 3o O°Iwa: Kg �`$ m06 4?miQU J > Z w Z W`°'a I0 0 G wFFrc WOF;4¢ oa0. �m Zp�tiug Nonk N Jp�..W W O Z VZZwV V W aU fzmm iri-5� z zaow�� waz¢m z3i ;oJ 6;,44:1 N y d rca iw o i aaEc°irc�Woxz°ia a i3Y3o iwm �� °why ow %Ot�mwa oa- � om ¢ Waw ow-r-w Uz a: g zQai ¢¢ pp x > �ix as. -v, ,,--,,,..b0 wW0 ¢�00-a 2V)Z O p O S 5 O > O Z O . O 6 Ow6p w Y �W II%z�ah o w¢moo ¢ ', 0 N M zjtw. h 12 W o W o a Y �zmzzgo�LLz r °w"�f¢z nz °c oo az ohogo h t a <o .i zz ��� oo imew 1152¢ zzzo�a0, w IW z LLz ow' z o ao www 'w W �- x ° awo� a: o¢�'am�-'r � KQW W W¢wg! LL IWII K 1: Oi aW h° 0`",i6%- Onc, g LL W O Z - Z U Z a�06w6F-2i a �a, O V waOm j Co mgd>OD V O ,L:' aW.p N Wu as w1=.. th--wW w w 2 W coO W O h wu n9i`‘,1 w 3 o'OU wZ°gnno �\ 0 Sws w a� o wrc a LS e, is w o 333?' m o y x LL a p mo x 11 xo az g° n:mw�r >a ow omioi > w - F- x K'�o_ga w x OzmLLrcwc_� o i-.zz��dh .°uoza w¢ �rc mza MEW Q Q W Q mx6 oma u x. z- a: al- vg��r. n x a u x n u n �� Z Dao ¢ a:a: e¢¢oao mzwo� �°z mw o;_° imw°zN CO ❑ ❑ QOeo$00 T g©°O ww w�ma�-�U. ai (?. Y ` fi.s 611._J_bo°y/ �J�% 9 =9 /Ntti clic, ET-.2. \ ilb \ ��� Q^ (� W 'JLq/[��-:D Cay �gb O O `Q;�Oet N. Eggo °zi'� /ir AQP*, Z 4 -I 3f0 0.se A g j'�S , rpt E-4'e " J t... r N N Off X N 4* 0 y m a "=o d o^5=o 4%4 30 EZ ,,2°cc aa o P- J g j Z O�Q t p�0 i w W O Z IL o r iii Lk-Z J _ Bz zg. °3g°1 >J W O �w° 83tM 8p W 0 o�<m E- a. a ° a,u�w� K = w o� .1 h , 'cg 49 44%07e ss, i rx y : - `�♦ ill monk ws a °t m RP // 2 W E Lug aw wOm LuE tam r.► - �� 3 / g 3 °3°3 0 LL° zq //` J mo ggora w m Z z t11 �3 Z _Zt a111 6 N �W6 Q =12-J� - $Q3 (FaF o r- v Z°�t-- J O N g U Z O z c 3 w Z u o1ut3l�- FN U w ZZt�%w W ZZWW O_3 Om U ,zm,_ / J mail- ow ❑ N O~LL N 4°2 O V W O �� �17 r-cc O Q W g -► n �1 -- - W O p 00 Q LL LL LL r• a oFa oN ZO }-4A r = s¢ C ... m m 2 FWr , w 0 UZ<LL ° N iftho a � W o = C oa >O ® _ ❑R W a 6otg w Ym ■ � N p N "t cu iti moc J WO eEc O zZQWULC Oz• .. 5.a a yOwZ J 0. ❑nWyU F-0 0<=6; O y- Op CA. �a O C Q W ¢ !71. OOQ.. SwUTwuc1T,‘,) 0 41 soo 14 m{T., o v iar ® 4Op_�1 o w� 6• .,iszR � W "' Z Y r = al - tD UJ D<,<g<02 CG J p co O � Jd Om m o Z F f" W F'2J N Q ri2K,1LB.P2, C9 N LL n O w P- 3 3x0 ao8 LI' � = 0 VOO L Z v. o O v _■ y 0 N W O OUKLLW2 w w U Q a 'N z U%KO D U ❑ ❑ S. m3 uliii w K4Oo2 vNsocs, — z Er . ......ck"-Z ro /7,,- , �JwoNed'OgJ�4, --- z �rm �'yd) op LL z \�� 1s OctO70 ot,'Poo 4Z.0 �d,,, A2s\ F C (J u �y_ z OJ T r"�2'°°' LLo Ill rw� JwFg w ~OCO°5 = o = F 2 . W 0w ad CAOce f- Zo vt 0g ~ a ,ZKO v Liii_ O zmo ' 5a O LL 3J� orcw O • = m '�LL8U 0- ' _ Z )5( ? X rN9�'@' o d 4 'eL`BLS " /0 pQN ; / o•op, D, O o w / X N X -J Fo m m X O 70 ry j<� CL X X X X a W ✓ CO Jy X fl CU • k�X X X X X X m ,ii \ Z O X X� \X X X W X h ' Tt w �� 1, °t.° X „ (1� w X X ,, N. X X `q X q X CX •'1/050 X v X X 7 X o LLmz X X/ z... X X v X X ; m 0 X . X/ a / E X W ,o X no X / Z ›.- g x x' X r X i /5< 5 U. IX X X O U.1 ; /X X Ili w x z LO Q Z M .a O =aw 0 ZW MJI_ CO Q0 Z Zce,ace Qai CO u OtiWN z/-co LL ZWNW OJ J W Y= U cr C\1 U co -Jul 0 co W p UW — UJ W�Uev02 p a Q a.2 a_ — M f d < oo ti ° ® l- 1-6,9,A h >. Q W - O m ww a ;t g g ^ LL ZI F ® O QO R. z0K-o2.,,, £ E= o p o ua ' O F o z _SE Wix wz° z ? is N o w lc? & ZJ E.71,-,co ix 6 1= ,o / 3+ ui P"'. . �z o �ucN0� o N owZ 0w ® a. wU �� �¢ aooa pIt O wd ar3myui > W w L o 9 N � � m - K Q OQ OOZ = ww >WwzO K6w LL '-'D 13 Uo Q a T tq�o-K W� U` xzra r-=� wN 0000 °� m cmi v zU' T QmwW N U NaalQOiK W Jd CO.2.,a h E n Z H ,- -L - Q F.rOcnNNFV ON w C N o Z F f' W ¢t � F-o ozouz 2,0 w \ / i Z n ,r;3 7 Wcn ® 1. a0O a rZmoaO�p w � w Lu 0 �/ 6 v o r 0 , O >-Ei�t`aLLw2 o ¢ aa. m z �wCaaoao<w co o o o v rn v - aag zLL 0 z' N,Kz rs. �y�Jwob4,iy�°s°�o�J \�Fey> J raJ N r £s co ® 'L0000bz \ (o //// • w w IO Q1 _ ( 4 r a0 pvms, eD,. Z „,/,,4',9.,8 `�-'S .b,014,-.,/ y��?`/ 3z~a z 0a° 2 O ,yo F- ••-• 3arwn --- too I__ e- Z. /`.... M °z $ . Wa3E-� ,T,'-i_ O 0 .o O ° Z �N� w® Z U- LE.,X... d 3o°1w, >J m,. Ua Kp O = F m �yUNQ d �ti Qr, LLOU S� m ° OV v ,,n..\4.. �l O X q i a 4\ 6 '4,9 AAN,',' // p 1 Z X X A X 4 ��/yJ9`e� ” °� /,,,,?,. -- a 0 4 ,• X X \.00'90. ��00e N hcO X00 F w X, nQ \�Fti _ w m / 7C - X 4 m J ~ IL O M X �4m\ O X _ 4 m` X • CO X X M X - X m X X a \� p F X X r X m X o X 4 Z Z " Yt` X 4 X 4 \ a Z X X X P =ice 0 f Y t� X m X c'? X ill W ii X X �\ .,X X X �/ Z3o tx X X W X : X , X .2.z X XX X X X X X/ z reX X X , o X X X X Z Q X X X m / M X X ' 0- X X W I X Z W Q — Z°=°W o Z �M-1? 0 ¢U Z CD U OzfQ, ZZ ' — �(n Za) ® -J W y W IX 0 J 2 = d) YWu_0 UW I 0 2 _ ......4_, �¢w2 ¢O et Q o << g ►. I E s fi ® rLLo t N = co x m �Om w z E W z xNm m w e m o a i r,� r rLL 0 �� w ez C w Q m W =. }' ® y0 U =¢°a�z w a -4 1 $ m Z c a 1•• ® a o Fc w oaLL$� = � ��A o W Z ZVIYO Boxy ci K= ra m d $ maxw a.. � ' w ® C�Ou. cG Oz z w°¢z� z Base ?a3 0 v i c v m a • ® Z I. C LuwW U h0 °QF¢lOa N d } O • a. O0 o ,LL H I'd !1fl z= oieli cD'CI CC �Q ' o *o Wim = ff a m2U ¢¢r0cw amON1' � 7 m SZcv ¢ r-°roEmz°Qoz S m IL L r co0 t 0 O �,/ v �nOQ 4011 0-0d f�omW0' �LL W � WW *0 CD J 0Ft- i CO z"u10.116.11 FOm o o 3 .Z 1Cozw n my Ir a Ba v W �. W U J N.: a d 0 N 07 w Z m zw o 0 0 II- = 7".i.v >: 5 a0 'IJL W W I" C W W w W W 1 dVO TlYMY3S dO)13V8 I "� 13NVd T IVMV3S AO 30Y3 -' 1 I w I te GO, E.... YU -o® o p Zli I I LI1 '�' C 0 � � g ® CIo .... CC 0 t bt O l'": w C., ... C b Y w 1 N a t N X w w W W Q I pCO�0 Q m O re m io w ,""'"\ SNIlid 40 3=103 30IS = I IT---- I I I , 8 e % �a N'sN xrvsnrm "Ih i. ' i J _ a., Yg Km ° v.'"/. '°t'f, srr Z.Z ; 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 Millage Area • 91 Millage Rates 0 *Calculations Sub./Condo 426400 - ISLES OF CAPRI UNIT 1 School Other Total Use Code• 1 - SINGLE FAMILY RESIDENTIAL 5.122 6.3384 11.4604 Latest Sales History 2017 Certified Tax Roll N::, S:-4.]es rsted (Subject to Change) Date Book-Page Amount Land Value $ 972,576 ...--_05/31/06 4046-2380 $ 1,800,000 (+) Improved Value $ 1,271,514 5/19/06 4034-1112 $ 0 (..) Market Value $ 2,244,090 05/03/64 167-282 $ Cs Save our Home S 289 42S (.) Assessed Value $ 1,954,661 ( \, Homestead (.) School Taxable Value $ 1,929,661 (-) Additional Homestead S 23,000 Taxable Value $ 1,904,661 If all Values shown above equal 0 this parcel was created after the Final Tax Roll r- - Page 1 of l,� Coll, r County Property AOL aicpr 12/1/2017 Collier County Property Appraiser ollier CounProperty Appraiser Easytrt it , 85511i 32 8 26 AWG —, 676 .. 71 69 4 1 4.44 A CBSE 25 a14 1 .--, 7 a ve ii E8 t3 23. _.. 16 11 Y2 ti 17 17 ., 11 ..,.�:;4 13 12... 41 1 31 POOA n 2 16 13 P1?X°1•84 16 ; _. .._. •-'a 12 43 TILE 56 22 ■ Baa ac 12 16. 9002 29 V51713 III tai it. 5 1.31 5 13 6 4 14 111 *1 SECCNC 2LooR. I GROUND FLOOR FIRST FLOOR --- Details Fite. 52343800009 xml ,area Summary' «V; • t, s Comments T TU ' " ER DOCK 26 DOLPHIN CIRCLE NAPLES, FL 34145 SUBMERGED RESOURCE SURVEY --- AUGUST 2018 PREPARED BY: TURRELL,HALL&ASSOCIATES,INC 3584 EXCHANGE AVENUE,STE B NAPLES,FL 34104 TURNER DOCK SUBMERGED RESOURCE SURVEY AUGUST 2018 1.0 INTRODUCTION 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 (-0.5') on the date of the survey. 2.0 OBJECTIVE The objective of the Submerged Resource Survey was to identify and locate any existing submerged resources within the limits of the proposed dock project or within 200-feet of ••••• the project area. The 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 deteimined if the seagrass beds are small in size or if they are part of a large seagrass bed. The general scope of work perfoimed at the site is summarized below. • Turrell, 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 72H). 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 AUGUST 2018 The observed seagrasses were all part of one large continuous seagrass 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 1 —Observed Marine Species Common Name Scientific Name Mangrove Snapper Lutjanus Griseus Sheepshead Archosargus Probatocephalus Striped Mullet Mugil Cephalus Snook Centrompus Undecimalis 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 line 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 bed 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 DOC SUBNIERGED RESOURCE SURVEY AUGUST 2018 ' i ' ' i -,,,,, / , ,. .., ., _ - - .... Existing Dock to be Replaced ........... c - *, , ,,,,,,...,.„ ..., ,,,_ . ..,,.. , n'..4�`,X v*` *' %; , .. 2 '3`2 ..... .. ,. . ..- , . .. . „,, ,..„ .. , , , , „, .3fl „„ „ ,,y x . ,° � , , . ., , Typical Sand Substrate On-site Page 5 of 8 TURNER DOCK .... . . SUBMERGED R E S 0 UARuCGEu Ss TU R2'V EY o 1 8 ..... U,',.,,,--i,-''.-- ,--. . , '}-,"------'!".-', ,," .......,:--',.i;-•.-k",.'''''-':,'S.:-t7it!i?.."...'.i.-R*':';-,!::,::,;.5- -'-: 1 ''..-, -"--"-..'-;,-- 5I- - -1.11-` . - ,.... ,, .,,,. ,,-."-"'-'4,.-,"`,7„-.,','' -'' , '..,. •.".,,C'-'",-' ..,:". 4.-"', '' '-'-': ":'7,:,- ;:-. -.:1,, .... - .., ., ,. .., A --' --- - - ' ...._ ..._ '' Shoalai grra .:11a lod ule b eaudettei !".:..- ,. ..r., ,,z':--,,,,,,,,J11,4",„:4'-‘,;.t,‘'''",s1:,,C`.-'''':,,..,.,. '-,..k2,41.T.*,.; ''..,-,----.„-;',.•,„ ,. ,,.„: 0:-:::;ii-47,' :-:-,:kti:4;;:::-.--4:,,,,i,;-,3-.,:ts-,,,T-_-*--:,-,.--,.. -g?:,-.-.4,1;--t!".*•;,:i,-!::, •,,, if`- •,-,,,,f,,,_.„, „..„0...,-,. .••••:,-,. .-: ,-----,,,,-, '.' --, --'--- --2,::',-:':ii„,‘,..;, --,..',7,;1-14',"1---,- ' - - *,-4,-,7:::,,,:,-,.,„„ -,.••,,e'-':i - • ;,14,-,,,-jr.----.,,,:,,,i,Ti';...*-,„•••,,r- -••-,,,,-!.;,-,,-- ,-‘4, ,•••-•ff'- :,-,-,1,,,,,,,,,,. •-/, ,..,,,,,,, ,,,,, ,., .., ., „,„„,, , ,,,, ,.•,,, ,,,..„,,,,,, , ,., ..,„....-. ,,- .,, t'A -*N Shoal grassp-aHgea/6f odo8u,le beaudettei "1 R TURNEDOCKVEY .... SUR RESOURCE SUBMERGEDGuST2018 AU ...; ...k ...‘ ....‘ • . , ...- ..., -, ,- . . .fte ,,,-• .'- , - -.,. . , . .... .,..- .., , ,ieciiens a p lophila decipiens ..... Paddle grass—H ',,,,-,-- . , ...., ' -',0' ,- '-;,..• V. °'/,'t'Z",' •''..AZ 1 '4•!:ff''.',"-.A1,-, -..ria-..p ;.-. • /- ,,. -!,-, -.., ''':;'•.",fr:',' , -;:,,,,. ... lt, .._ e-ZIlitt ,.._., ..`-4 . , Hal kar Paddle grass ophi,la decipiens 7 of 8 Page TURNER DOCK _.... SUBMERGED RESOURAuCcEus SURT2VE01Y8 ..._ _ --- --... '' -..._. 40 i,--, . - t-,-,.e- A - -,,..„, 4.- 4,,,.- ,,. ..... ..,,,... „,.„,,..", ,,, _ ,,----:' Paddle grass—Halophila decipiens & Lightning Whelk—Bustcon sinistrum _ -----,4-'-;-' ..pe- -;.x• " -' .' . . .- , . , '• .. :4*$,.'',;::''n:4; : ,'', .,':4 2,•''' fE.,,.,. IS,*.-s., '' ' ' t;1 Al ;1-- _. -,, - Paddle gra ss—Halophila decipiens Page 8 of 8 CO#167 unty Growth Management Department Development Review Division ...� July 02, 2018 GODFREY MALCOLM 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 2.03.07.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 Collier 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 fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. If you have any questions regarding this matter, please feel free to contact me at Phone: (239)-252-2972 or michaellecrowley@colliercountyFL.gov Sincerely, VeveeolustePte Reuieus V ev dioa Growth Management Department Permit Issuance 2800 N. Horseshoe Dr. Naples, Florida 34104 ST Permit PL20180001849 71212018 239-252-2400 cc. Florida Department of Economic Opportunity-ACSC-DO@DEO.myflorida.com AGENDA ITEM 3-C Co er 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: AGENT: Audubon Country Club Foundation, INC Mark W. Minor, P.E. 15725 Tamiami Trail North Q. Grady Minor&Associates P.A. Naples,FL 34110 3800 Via Del Rey Bonita Springs, FL 34134 REQUESTED ACTION: The applicant is requesting 413.6-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 of a ,,) t) 0) . _ ; --,..4 . 0 N,,,oao,4 ,.. ___, :, __ 6y. xY. a it, L........________ c„,l :. . U •C 0 at 5., n In LO 0 Co H 0 N CL QR] L ti Z as?<us� n ► c 1 •wAr a) CL I I / 1 E tQ III 1 '1,11,' i. ... 1 O ,.1 =Y IR i ___--- 1§d lig __----- —J 7— ....„.....„...-- BDE PL20170000557 Page 2 of 9 April 25,2019 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 minimizesimpacts 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 PUD West: Preserve; Audobon Country Club PUD 13{!N i .r40uN i RY S. HA ...1111111111.6.1 x . t i : 9 i - - \__ ‘ift-^,,k, ie<\z., ( 467:y j 4 n �_ tin as !til V Source.•Collier County ARC GIS BDE 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: 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.) 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. 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.) 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 DATE ZONING DIVISION REVIEWED BY: i 1 .72 Nc--,73,11--------- , , RAYMOD V. BELLOWS, ZONING MANAGER DATE ZONING ISION REVIEWED BY: MICHAEL BOSI,AICP, DIRECTOR DATE BDE PL20170000557 Page 9 of 9 April 25,2019 Attachment A Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION APPLICATION AND SUBMITTAL INSTRUCTIONS LDC Section 5.03.06 Chapter 3 B. of the Administrative Code The following information is intended to guide the applicant through the application and public hearing process for a Dock Facility Extension or Boathouse Establishment Petition. Prior to submitting the Dock Facility Extension or Boathouse Establishment Petition application, the applicant shall attend a pre-application meeting to determine if a dock facility extension or boathouse establishment is available and to discuss the location, length/protrusion, and configuration of the proposed boat dock facility. The pre-application fee is $500.00 and will be credited toward application fee upon submittal. If the application is not submitted within 9 months of the pre-application meeting the pre-app fee will be forfeited and will not be credited toward the application fee. In order for the application to be processed, all accompanying materials (see attached submittal checklist) shall be completed and submitted with the application. The application fee for a Dock Facility Extension or Boathouse Establishment is $1,500.00, plus $925.00 for required legal advertising. After submission of the completed application packet, accompanied with the required fees, the applicant will receive a response notifying that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., BDE- PL20120000000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Pursuant to the LDC and the Administrative Code, several public notice requirements shall be completed within the required time frames. The Planning and Zoning Department will provide, at the cost of the applicant, legal notification to surrounding property owners within 500 feet of the subject property and newspaper advertisement (required 15 days prior to the advertised Hearing Examiner hearing date). The applicant will be notified by email of the hearing date and will receive a copy of the Staff Report. It is recommended, but not required, that the applicant or the agent attend the Hearing Examiner hearing. Please contact the Growth Management Division at 252-2400 for further assistance completing this application. 6/3/2014 Page 1 of 7 9unty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch. 3 B. of the Administrative Code THIS PETITION IS FOR(check one): ❑� DOCK EXTENSION ❑ BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED 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, Address: 3800 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 l`ROPf R 1 tOt Al Section/Township/Range: 8 /48 /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 Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N PUD Single-Family Residential S PUD Single-Family Residential E PUD Single-Family Residential W PUD Preserve DESCRIPTION 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 survey ❑ visual estimate ❑ other(specify) 2. Total Property Water Frontage: 569 ft, 3. Setbacks: Provided: +1-2537 ft. Required: 15 ft. 4. Total Protrusion of Proposed Facility into Water: 433.6 ft. 5. Number and Length of Vessels to use Facility: 1. 0 ft. 2. ft. 3. ft. 6. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: There are 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 No If yes, please provide copies. 6/3/2014 Page 3 of 7 9 !9ntY 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 Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement,shoreline configuration, mangrove growth,or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 I must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) 6/3/2014 Page 5 of 7 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 Pre-Application Meeting and Final Submittal Requirement Checklist for: • Dock Extension Boathouse Chapter 3 B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application (download current form from County website) 6 ❑ Signed and Sealed Survey Q ❑ Chart of Site Waterway ❑ ❑ ❑ Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip-rap revetment); • Configuration, location, and dimensions of existing and proposed 6 n ❑ 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 Q ❑ Completed Addressing Checklist 1 Q ❑ Electronic copy of all required documents *Please advise:The Office of the Hearing Examiner requires all materials 1 Q ❑ 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 $ nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ Bayshore/Gateway Triangle Redevelopment: ❑ Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet ❑ Addressing:Annis Moxam ❑ Graphics: Mariam Ocheltree ❑ City of Naples: Robin Singer, Planning Director ❑ Historical Review ❑ Comprehensive Planning:See Pre-Application ❑ Meeting Sign In Sheet Immokalee Water/Sewer District: ❑ Conservancy of SWFL: Nichole Ryan ❑ Parks and Recreation:Vicky Ahmad ❑ County Attorney's Office: Heidi Ashton-Cicko ❑ Transportation Pathways:Stacey Revay ❑ Emergency Management: Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlock ❑ Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky ❑ Other: ❑ Utilities Engineering: Kris VanLengen FEE REQUIREMENTS: X Boat Dock Extension Petition: $1,500.00 X Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 $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 F.,.mv,:7 -" Signature of Petitioner or Agent Date 6/3/2014 Page 7 of 7 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX:(239) 252-6358 PL20170000557 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) Audubon Country Club Community Boardwalk and Park I Steve Pietrzyk (print name),as General Manager (title, if applicable)of Audubon Country Club Foundation,Inc. • (company,If applicable),swear or affirm under oath,that I am the (choose one)owner x applicant contract purchaser _and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Q.Grady Minor a Associates,P . to act as our/my representative in any matters regarding this petition including I 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 wards "as trustee". • In each instance,first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. D_ _V_a_p_/___ Signature Date STATE OF FLORIDA ' COUNTY OF COLLIER ,�/.�,�/ Th f egoing ins�'e t was sworn to (or affirmed) and subscribed before me on �� •. �'ef ZY geft, C h (name of person providing oath or affirmation),as .4 ,,, 1 _la - ,• ho is personally known to mt (type of identi ication)as identifica Ion. ,•,,,,,,,,,, MARY P.GERMANO y rLOfLL GOV- • • My Comm.Expires May 11,2018 •.,, 4V Commission I FF 101891 cetos-coo-ootisus 44,47.,:4,,,, Bonded Through National Wary Assn. 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 This Indenture made this 9th day of M, l4, 7 between Auau aft' terprises, LLC, a Florida limited liability company whose post office address is 20 Au' bon Blvd.,Naples,FL 110\f the County of Collier, State of Florida, grantor*,and Audubon Country Club oun a an;Int,'a Fiorida of-for- rofi corporation whose post office address is 15725 Tamiami Trail North,Naples, L 3 110ftfter€o�t my of of'er,Stat ofiorida,grantee*, Witnesseth that said grantor,fo an o sid ra 'o �fi#nle la SND NO/100 DOLLARS($10.00) and other good and valuable c ps)i r h aid girl ntor n ha aid by said grantee, the receipt whereof is hereby acknowledged i g , arg'aff e'sand ti tp a said grantee,and grantee's heirs and assigns forever, the followin a ribed land, situate,, ng and, Bing in Collier County, Florida, to- wit: 1�. / See Exhibit"A"attached hereto a art hereof ert " The Property is being deeded to, and • �tieicha F t 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 3/8/2017DoubleTImee 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 Ct Audubon Erpri§s,LLC,a Florida limited liability do"""`, col•:! t./ i 'Te..ftallik r /7 illttAl 'Mess Name: . .. WM 17 NI. Ireff. 41"•er L • .00 .4f24.4J• Witness Name: S /L_- State of Florida 7,i jp (71,--11-1--- r County of Collier - — 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. L 61 [Notary Seal] Notary Public Printed Name: /1/1,::rkts,e $T .c4J.5 eR._ `��""'y�4 M.JANESTRANSER :: •itk My coMMISSI0N t FF 908416 jr EXPIRES:October 4,2019 My Commission Expires: Y." Bonded Tim Way Public UMartil�t Warranty Deed(Statutory Form)-Page 2 532446.2 3/8/2017DoubleTlme` OR 5371 PG 3991 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 ��0.V,R C'�t0 T — --\----------n \\\ • (1 'C''' r-N, 0) 1 Warranty Deed(Statutory Form)-Page 3 532446.2 3/8/2017DoubleTime OR 5371 PG 3992 1 ;Pi—Gpa csi� rn a l aOrp--. 9PIASI 1 so yr' m 2 c2., 11191M: 6 6 P. liwfritir;•4 Ip i §-;c, ,.. • „,, el le;Rn -I 'g--ce],-(m Ad J. 1 :zhg -"Iggi i 5),_ 4 ,1 .. ,g8E R Alt „. 9i.6 , '9 S - qi- lei, e, o, „.." 4 1 itlx 5 -pil,.,'- rgia:-A-qhqg. 4 xk § 0 gl 18/W * 'Wr1$ _fie --1 G t P h2WWRXt r, A5 ',.., G2 -t.g R.- =MT-A T k 41p141441gi le °4 0 4_4, - -1,- as- . ci ,x. .A, cig:p L • .s; 0 pqmpum \A-t„._': ,A,minhive;---,-, .p p i\I . lqi q ar9m Ii O i 3„_Th '' w�`�'N 8 �+g r El �, V M gi �s }}}�[[[ 151 a t+�r' '� t ` g X. v. g sQy 'a, 1. Q2,-,1- '-'0, - -1-40R-A----- m A T D74. _ . . ,...';./ p b ' Pa "A S+ {u Z , ,, i 9 -,-, y _ ,: ' 41 ' :,'. 4teR i , /1, - r.. - - m ti R -. q §1. gg: AR : i "" i" le ng C�i-r-�T 'QOC- v n _ N nig e- a AI 1 * 1 mo I - 4 g TR '@ ta In-ic --,"cr--10 >9 '-' @4L1 r R qr IX cl'O' 0 gA l' '''40 me ti 0" 4 r >0 c-i 73 rX !,P M Xtil i 21 ' r 0 N,o Ai lo g lh § t§ R. 1 la • 47 1 r. 1------ - - ,cw '' 4 1g 6-, ,,s1 ' _. i:3 - i/ g.g: R i ".R 3 ° ig ,..,__s N_ > * rn 0 1 G:\SURVEY\PROJECT SURVEY 2016\92 — AUDUBO nnennw"v1 cuos¢"+ 92—DS(29).DWG EXHIBIT OR 5371 PG 3993 1 n _ mu'woo.Bo, v c m 3 N `° y CT 888$8 -- — o� o p _,1.2� 11 om N N B � �o y 0i E. ei c g. 2 iii i >0. 0 iiii:E giitt...1 ml 74-02 0 tis,c-eddiitri iti! , 7,-.. .0. t7i y v Rj `g 'tet E O z �-• y, r nr^r C (, w O g N 1 'V -Ob. '1 i4„?, &N I t FA" Gam] O_ 0. - ....-.-. c aa.�2 • y of 2222.E r v •$�o •„, D� f. � '. Z F^'F AAA _ mm +•y A O C t`1 Ui w t.4.,; m � = vatta,,,wll��,,U y 1 D I big.6 i g4Mb K° 1 $v m'a .�,.... d� / h. add ).a iO'M) a y 49' No �y36d �l 10 , .-_ Lam' ' 6`d-~�" k. g g:S o $o s Z CI i 1 • V 4V Ng Jl 537o) ......s.,..,,,.. ,tb 16.., .01�9t 1t e�� J. i �.' so - 5 I m0 r -�`00 0 c, ! • 7ii i CAPD-1>M - CZN0yZ Z -_ ,/ i I p -i C D '-' '..:-:.-; rr-I ,',1.m �O 23 - 1 ,\` , � o /1/ 13 x 0C cn TRACTS /,- \\ `•'• I. >Z C� m ka6av mum arae tie r i' i ' i �� �/ ` m 0) C 004 rwtxuw wn y / if // / N 2 rrt (tu/.hDE) •/ i\ ) - �14� 1/ -7 N (118.P.IV&-so l \_! °.•. .e - ` \ C4 •,0, '/O e•/ tO / \ \ 'y n Ari!=MIT WTHOU' > D t„ \ N 2 * /414,' 0 y 1�+�' 9QT$1work J cr3 n ,a v , \ DJ ;2'@.g. o ,U^ yg �p� bA,My *."14m R ;.y W g�� ARQ �F�C // t W Asn . 11.1 , _ t, i R C y > > `c ` b t. o;;!/1////!//q// //q `ry//////f // yy tcqq �7 _�'` //p 2. .S a - froo. - -..��_ L) .. //'f////f(ff// /f • G.\SURVEY\PROJECT SURVEY 2016\92 AUDUBON BOARDWALK\SURVEY\16-92-DS(29).DWG . ( *** OR 5371 PG 3994 *** ;- le corn(-hi o -- 12 + k k �! 11 .;x a 8 n m .. O.r' a f. orn .+ 0 . z v n1 >CI '�7 �+ } zoz II 5 C o a ET ul NJ O k k k n O p ''t cam,> i4 v a MATCH LINE THIS SHEET a• m 3--.---- �tJ 11> IL 47 !' ."-\\ ... .„ .,....,, ,m s m .(6 ki� k A: T CO C ' .ter h 1 C p R P. 4. W i-:--\ t'):\\ 1? s w .i p 2 n m 7C? /"� L..y .h+3 m _ 1 z c SCJ o 00 OW o 1 j .et ,' r jopz g P, � -( or �Z�O k + kkok N a A � k r k 11".1 CooZG � -- o c c.+ o ..4si.el1 � -OzNnyz z k V- �2.",D ° Na tim-IC _O aw c" CP '' 11 - • �C { � + k C7 Z O_Z C u :o +o a to m CO :r D C...I C N �U- -1 � - — Y "mO> i \ i�i! ` q • 3 AOT GY�Tf7F N7R�q/l �t� � J 9111177'FQZf'O3 IA' --1 R , iii kooi ttr...._ ti ) )%\ ris { . PSR _ �i ../ W N F' ,/-- —..I w 2 — g y itlt5 MATCH LINE THIS SHEET I G:\SURVFY\PROJECT SURLY 2016\92 — AUDUBON BOARDWALK\SURVEY\16-92—DS(29).DWG Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239)252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf,to submit a supplemental disclosure of interest form. Please complete the following,use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address ( %of Ownership Audubon Country Club Foundation, Inc. 100 1 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address %of Ownership c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address %of Ownership Created 9/28/2017 Page 1 of 3 Cotler County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address %of Ownership r ' e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals,a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers,stockholders, beneficiaries, or partners: — Name and Address %of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired ❑ Leased: Term of lease years/months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 CO hi er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239)252-6358 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 9/442-/A a/7. Ag t/Owner Signature Date Ja At. in F t Wig ti Agent/Owner Name(please print) Created 9/28/2017 Page 3 of 3 w W.CwI.A.,:<,-mr..a�vww>em� ew.+nw-....+.«m e.r." 30 I e38nON L33115 sueld luewdoIoAoa On ”1A [�.M.y \ gam.3003 60r KIS aou A ea j era315-»ace+anvu 3w eM 3e0 iUfl IUIO n /tI Uri li0 n ri IW p / 9tOL•.,.:3119 -..Here SII P g�1. 9 {� ; 9 P d 1------- /1 7I r--.4 '�i�i li4! )1 l 1 CCS COMM ��!i! ii i�iill� ; � J tg�� xflifi II O0 of q 1100 ! ei a - MI 4'..1 ..—, W Mill III CA LON ft-t CD 4 .47-----N ; i E ,I 12 r•_*_,,, r „, C CE ii/0 EZ I 1 g Uy R U E a) o as CJ e. ` �1 Al C �V1 i ' . - E U Q, 3 , 2 a CD O Offft a . 0 C6 % C/1 o U O u t O ct NRn. � 7 4) M F N o a . U I ail ^o ty; ^ w ROA 7 Q \___ _ i —..01,--2-1111111Vit • F; try / d 1 ! i i= '1- 1 U).„ -, p 9ia * '� i ilk ys �f., Y. • § i'e 'il v z 1 , r< r� (' :; ' cam, i g8 �� a s �I e 0 c rc i w. 'a v\, liii 3:, \\ g z 1 :.y c. 1, f 5V --- _ _ 1-\ 1 - • - _ ' F 1' R I �tf.; 1. . 1 ., 1 11 I Or 11 i V -i___ i it 1 I i "i �'- ' iii F ' ! 1 ! a 'IS _ e e ' iII f D � }' - 0 M 6 ,g j„J a 9 ig � p �1 —z—� r 1,4 Pill j Pp flo, ' S '/ S, a t?L.4 11 81k ill 1 'g i�a p•g* • S' / ;;p QYq tfi ii: • I id Ji // ,3, ''T+ka;SFR♦ r'` _ i 17i F tlf; .., l ` • , S it 4 O QG 4 l�936 ` \`' rt.i 1 1 , ; (qW� Vi / si, r 4 • ;// P `1 11 C o /o � m 1 K 1 Q 1.4 I S. I ♦ \ RR �•. 4 .1.., _ ._.... -, , k ef. ✓� `fR Q =A i< a o i 3Y 1 L i62..r is _-,5 s i r,.: Jil •., a • i k'; !; ! gi t . IP 1. • �nl n i e t 1` 4€ti Q e ` i— " ill F, Ii • : : 3ia i� a�r 8 .i _.. I !i • i iy a ; awl i�Q f! a felt !t a .• Q' 11 ffift f a1 f, i 1 ,, // Id al I 11 1 r -C- C i 1 1 I . , . gill JJ r .1t 1 si 1 6- „it; 111/ , ii:. , o 1 li \ 1 i -.-.-1 j, Ill 1 }i i 1 A ii w.rc.r.wV.ep v..vu�m a�r.n.'ua.n.na��eea:a e i/ r u VA h z--- <45 �i 11 111 r e ill yy • eE]q96 s id. p .1I I e85,li. !i ,y. I�i in j ! IV n 4i4 i1I8 (@ e�, Sc`` 16 15 �1i ti 411 r--.-- ,,,, , : ,,,,g ..., ia i / 1 ss, ii li 71-- r �0,4 ..... i i`` ` r j ' , O e. r r ' rk •`\` y p 1 : g I):. "M:M. .'":.. k . 1 .1 1 se ig s! i i r, r ' Y p '# II c7 II ii ®sii i \ 54 \ I ' i - ,II 11 L ` ` ;• J ill I t 1 : 1' lG+1 3/44 1 1 a1'11111 ' 1 � 8 I I BII1 lit ®g[tt1 g■ 1 g1 p Iyfi 1 i i I i i i1 1111 41$1 6 1 ' 1 1 i 4 a=-. 1 1;i9t1 2 I: 91 1 'I ! 1111I. !II11 Y 111 i; 11111 "9x1 I 1I $ il $ j1j1i!{;i i 11I d h. liRili 11 I 1 "l! tJ SI k � e 1 all Ye 14 1�1 : 1 81 iei! 11 11! li! d 14 ; If ! i — ® 111 ii lfi i 1:1 1 1 PE°11tl1 I1i'11'l ;il5i 1 1 li 1g 1 11 11 gIII1Ri/}1Iyy1g gIV illi ,tl# ggggp4g6 I, iiR1 I tei ii Y9 it Y 4 :1'-' .='.`..@.E3 --- `IR i 1 tw 11 I I 1 a gi 64 g a� € t E P1 q 5 lg ii` lilEd,91ill 5 1 pa 9 9 DJ I fh IIII� ai @ 1 4 ;a $; Iia Y f ! i i 1 6 9R �� ,_.._ 1. , l,l f 99g : 1/ a s{ SEI el 39Y !l �i=1/— = ip11e ! i alg i4as E 0 o 0 31 7 f;•a 492Ra a! i E g g _ ill ami .it 00 .ligi a - WAN man Vi If lt aiBirMi i ' ' a�i� � B3% l:4 pti 9 li ,.5EQ t t r Ike®'n ° It 7f — eI 9 I=:. il n Ili I !' t Pit i; ; a��icii i i t CB3I 1X, a�E;.iti Y I I• <N 8 iiiiiii c3' ;! � 4 a ie![ aaxr� �g� �=_ 9 _ 1! 1 IIII }� � � e --imi¢ii_ ! - Ea, I _ III 74" l • I! :r1 Elii.1 '� E= ■nom �i�icr ,, I�l�'I11� 17 i i• E Jr Q 'v p 9 1 01 .1 1 II . i 1 1 1= 1 11, 1 , ima i , .__ !..._...._ i si !IN q� °!! iiAel 8 '� 11111 Yaal i 1 w 3vfi 1111 1 qq ` al_NI ix: �.Y l; , „ RI� # i:�iy a �!• ii 1 i , , ',. , . isi . Atil 4 4 c 1• 'tom i _1 e it.; iiliC3 Eg liiu 'I1 ' mu N -it i ' _@ 3 — X 3 11/ss pQg3 EN PI e --II '_ I S#E `4i 9Q a I 11 4 4E 15 IIID� $th 1 �;i id/iz s 2 li 64 , i pt! Ll !e l h 4 7u ^.. II�I���II 5p jai 1 `aY� 9vf� :gii a _SI�I .I-- 6 E 6" II��I�t�O! ;it 1921 1.1.1 ..-. ..'di g;,-, E II a P 11 11115;111 .1 111 _ .ArR fle v ��i_ 1e ii1gg 14 i� r,.., ii 8 d ' I 9 4 i m e P pg d g j o a i@ i a; o 11 il Jr li I L 4 lal-�=i k[a.. 0 6I lIgig ggi 2 11j I F 11 a r� -1 Y 3 i� gs t l II i I t . ........lipp, il 11 / , fi C € e 9 — i = 2 e 1 "}€ P. i x =I 141. Ilac. i e; Al:tili C 2% _ wil e g 9y xi 1 .�S '\lc IP! i :1,I 9 i tt 11 \ - ifj i' 101 g' 0 gi i n-„ 9 I9 .i,d N ' it. c 9 3 F *_ — _.r. - Tn. - - \ 61"i:1-le : a CI`- ' 9 c S . it 1 = t:M= 1 is a g s9i/[�11 z I e. 1 y ' II 111 1p 1!1 si t Fd s l)0= ik-=, =�11111 � o ;a It ' w IIV ?a .. I r T FAci A CDtt E T . T s "a li b S yy@ _ , 1 MaF a-- if 1'15' o �9 I I .di , I Vii$ b 1.: t r - s —._-_)_ .__ =i__,.. o a 21_ N 1 31 Ot :g1 • 'r. 11 _' t 1 g!E a ill : S 1-L. t!E -_._- - COU 1 —d . ,T r 1. c •q 5 ,11 $ �3 0 }-� —� + _ d r It IF 4 24 r. ... r• 1 3 rr rT :... 7 i 121 2 S iy AA a ° b I i pR rf: L iiC 8 � 0 al C 7i i _ 2d s v & i ' 1 ' ! 4 t a i hits 1::ia C i it J€ ! A [ i'a 8 P i i d 5 t u . : t E , t A 4III a t t -.....1110--Z-1 `! |||§.|| j . _ ! | t. if , s § / m i '• § gi e � `x ' ( | | \� � © ■\A \ '� ,! I. N. . E| . % ii A\ \ill § § t | . | !i. | ! 4 i N. \ _ U §!r®\ ii ,a . | •1®� 1 ! Z Z . t / \ 2' i | fE;} , | ` / C. f Ill i :1,L %\� . § k £ ill!, !| | } !~ ! ! ii111 ~g-...,J | II ! , , , %_ - Ifli1 1 1 / Ili ` ii' v I ;! / 4 q - \\,_ 1 # _ ! ) E U' ■. ! / \ 1 1g | 1l I - li!lilv Ai | | qJ ® � � ! i || | � i | ® . <J .ii; !: // i k , m 11 § A , ]! i |¢| | i !k---Ji % |I | ¢ § 1 1 k .i Ai' . | |§ � ! | §, .,. . , . ' , ..ooc..0./4/941111-mRmSl....e.n.,.e ov«.n wi.a.m..o.n, ■ ;y a �g�S i V 1 a I, iii i,1 I 9i 1 R I �� i'I ,11 i 14 It I Pr' l =1j - . �- i;11 iIiia 91i -, 1,, 11 'ill! fiii 9i1 ; i 2 o i; I, 1 11 ii i iIliiII & 1 0 1 I y 1 111 i fit 1 i1, i 5 �° 1 1 Mil r 1 x 1i 1 -i 1 I li`11 i ' ' ,,/ a _ i! Fi-- i 1111111:' - i' 1 ai �Pa 1 401 I e I 3 ¢ U Si ! 9 i ' i F i—,() 1:i !�it hIt 10 .. 9 Ft e' 1 ��II3 ai i I�I� ; . 1 i ia -- y ! m II 9 i941V i, , 1 .Ftt1i 1t } a 11 U 991 t i li ' 9 . al 1,; 1( tl�ii 11 I i i 1 II I i y 9 ' lih iail .�^ 91�' ' 1� 117!1 1 1 ; tt !9t 9{ i' ill„ 1141 'i. A 9 II • � i i i 0111 :e i it iii Il1, iii xy111i ; 1 �1I i i:y q ; ° F i i I I1!tiid'IIII iii 1 lei lit 91 Ii 1111 e , "( i 9t S 1 1113 a I alg .. 2 i j i 1 F I - u 1 `.� 1 ge" cam. .is c. f� ` `, 1I il�i z o 1; I!1i1 1::T RI i liii3g ag Q 'S = i (h,Ti ii iilli!i1 If `O%2ile i° 4 i nit�.�i e ¢ 44 @l I "s I a Ii'P '1;i 1'' 9i PI 9 ? : i i 1 itA a IP t - 113 9411 Ill 9i is! ,1 9 @ 9 �3 M Li ` i- m: ' ii i :1 1 1 i i •B 0,..,,., 111 ij p 1 1 y!t is 1 1 9 d " .1e. � i , 1: la e 1 Y *n i1 1@iaig1 iiia /ill •, i 1 !a ail i1 . i o ie I to 11I� °1 1s ; �1i6i' �11 ° � @ `g die, II 0 ! I i 1 i yi II.i i iSall a 1..3 ,.,, :;;:.,II i $ I1,' $119gI1 ll ( 1il3t@ I ,%O`,:\'\' :,a i 1 1 , ieS l Y 4 1 1 1 ill��y$ § l' 1 mil i?; i i1 E' I i , 11 ( Iii 2 I I a, i i 1 i i i a I ip i y III ;; YR p9 iiIII 1 I i 19 ; y ge}NI hi 7 I i 9I ip 4:9��': i i i<8 I libil $ I-1Fl ii i,i a a i ii 1 i Iea I71 I9 e IU11Iii i�i1 ii 9{ii If 4 i° 4c i!i Pi Hi g_ r-. ,. v 4...11, * ' . : ... 8 F s g ! 1 ` R ` V - , � ., �t� p 0 i' f' •t,, o m o :-.' # L) �d N ) /'\\\\ Y > ✓ W :.�t 1 4 Q t-y S C J K Q W v N / # <!/;;/ _ \'`.. a< W',¢ C4U � !O g **PH' ' 7 /- ^ WI Ar 1g1r.I A „ ,„ir,„..- , .4114., . . . .„.„..:,.,„. ,-,440 •. .,;;;!:,•],,.-1-.'''%...'q.Y;'-' . i ,,,1 ilikkic tilt , Q .: 1 -z i sW _ fir .o do a 2 _> o �;. . m w i2 xN rcarc a o '' IOW N l i 2 ZS 2w o i9stt C t7 ao ua sQ u w a o Jg S! ! in :5o i 1 d g w w ; 2 IIIs ; Rom ' oa 'a5' a2 N w 1i w-a 8 MI..alloy+... „a,..t u>., .. ....„,.m..,... ai lKsa maw m.o./Ant In.,,.s,,,,r,..,,. .., Jeremiah DeForge From: Mills, Megan <Megan.Mills@dep.state.fl.us> Sent: Tuesday, December 18,2018 10:03 AM To: McNeely, Kimberly; Mike Myers Cc: Steve Pietrzyk;Jeremiah DeForge Subject: RE:Audubon Country Club Boardwalk(11ACC2091) Yes,we are in agreement that the WMD can proceed with permitting. 'otvait,,,, Megan Mills oa`4Florida Department of Environmental Protection O South District S Permitting Program Administrator a��4 Megan.Mills@FloridaDEP.gov oa Office: 239-344-5670 / sautue.+rscr f' L SO OWQYOSUR 1 PRE-A 9MTETING DEP Home Page DEP Business Portal ERP Online Help Information Portal ERP APPLICATION FORMS: https://floridadep.gov/water/submerged-lands-environmental-resources- coordination/content/forms-environmental-resource New SPGP Effective December 31st- For more information: https://www.saj.usace.army.mil/Missions/Regulatory/Publ ic-Notices/Article/1703359/state-programmatic-general-permit- spgo-v-state-of-florida/ From: McNeely, Kimberly(mailto:kmcneely@sfwmd.gov] Sent:Tuesday, December 18, 2018 10:02 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 DeForge@gradym i nor.com> 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 s' wm . ov ePennittin 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: Mills,Megan<Megan.Mills@dep.state.fl.us> Sent: Friday, December 14,2018 11:09 AM To:McNeely,Kimberly<kmcneelv@sfwmd.gov>; Mike Myers<mikem@passarella.net> Cc:Steve Pietrzyk<steve@audubonfoundation.org>;Jeremiah DeForge(JDeForge@gradyminor.com) <JDeForge@gradvminor.com> Subject:RE:Audubon Country Club Boardwalk(11ACC2091) That is awesome news! I will have a copy of our permit uploaded to our digital site. O'O0P4Rly, Megan ^ ;'d :o Florida DepartmentMills of Environmental Protection " South District o Permitting Program Administrator "otic ,___/;.' Megan.Mills@FloridaDEP.gov FloridaDEP.gov `,"'"`0 Office: 239-344-5670 DEP Home Page DEP Business Portal ERP Online Help Information Portal ERP APPLICATION FORMS: httos://floridadep.gov/water/submerged-lands-environmental-resources- coord ination/content/forms-environmental-resource New SPGP Effective December 31's- For more information: https://www.salusace.army.mil/MissionlRegulatory/Public-Notices/Article/1703359/state programmatic-general-permit- spgp-v-state-of-florida/ From:McNeely,Kimberly(mailto:kmcneely@sfwmd.gov] Sent:Friday, December 14,2018 11:06 AM To: Mike Myers<mikem@passarella.net>;Mills,Megan<Megan.Mills@dep.state.fl.us> Cc:Steve Pietrzyk<steve@audubonfoundation.org>;Jeremiah DeForge(JDeForge@gradvminor.com) <J DeForge@gradyminor.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. 2 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.eov s vrs-rd yov/ePenyrctzx eLa. 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(megan.mills@dep.state.fl.us)<megan.mills@dep.state.fl.us>;McNeely,Kimberly <kmcneely@sfwmd.gov> Cc:Steve Pietrzyk<steve@audubonfoundation.org>;Jeremiah DeForge(1DeForge@gradyminor.com) <J DeForge@gradyminor.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 3 OMC'Sloz-til-1l-(88)so-z6-sl\A3nens\N7vModvo8 Noananv - J6\9 10J 'ONO-6' 103108d\A3nd1)s\:0 c, m 3 Q CO CO M ,, ...._.. .,, 2 : g li it. `g g �' 1111 Q ii g Si , i o r w m a r iii w 'is ``., Qil ''a , 6 o ¢ (gg 4£ z0 cn H t" N . g g . ' AR l'Est — i= gl 1 ' ig 0. � o LA h d i8 ! g j , ti� � g� > Q rn w �� �4 CC w z a ti As -� 0-...., , >- F- H O = J 0W � o IN g. } 83 PQR '-' i-' qp g,, 4 7. D zoo D Pl '''.' $' x Z cog " g g s m -1 65 gi ! S� oho, csE'n , Zs O O O � � � cg k: ��q. N (i±i" ( � 6,g -'x 0 m o Z .; ti ^i d:o 41 a r: oo of S4 --: i• c.,4" }� Q R < w cn R rN ? M ...,71. ¢ .Q ¢ g¢ O N P w b • O•,{•"",,,, N si. , kr. ,a. ,x a6 z a2 S 0 cNi qq�,O ?cNi 2wq_6g WSew E8' Q.8g44&4&QO O wge, V ry 3 Z W c h d ,bD zit E a ^ ¢$g QE`='StiY“--5"8 - ,g ig e A 0. 0 = of a�j zz Vz agm'., Qc 3 co O a.1 /28ss v>cn «�<5555 F. i '-- 4t _ I o XN 4 W 33»uu g88 O GGGS6 TTTm � J ¢334zzau» � pq a C V b a ^ ¢ rya tea$ Q� �� � F. sKg Z O W N •-.... ry L O w� .5,,,- 0_ copy L' N e, N n e , G Cn es a �� � � a �Q � ¢ Z�m o N y • o E4 Q wcri N� � m _ yQ WQi Z �U3� o o K O cn1 f/) o � � ` Z�S� s m ZN o.o(��j =i .oa Clg W . "bl N AZO R w v- cV is nN g .; ay m c7 Ja a N zs �o4o< m1 Yo Too . o�gW w �pp tiR ~~ ch �a � � W as�4.vr"ima nao�Q�d � CZ v1N 4S ¢ `� �5 �� ° ( ❑O• cis-a �,,,y `C7 o N 0 , igwW1 ,„40>,. bt,,.. Z- 41 �y V E O � � 2 c� cy � J aaL..4 yl m.�aao�o a a L. ill U 1 `u m V M0 910J-1,1-11-(88)s0-Z6-91\A3A 'ns\N7vMob'do8 No8nonb - J6\9 10J A3n817s 133PO?Jd\A3A8ns\:0 O C 3 0 in m O ;51 ---.. N >- R O r J .- N 1-'4 �24 m g 5 ki m w - �6 7a Z Ea o ' GS a 4g f/ 1 a Q U -,• T ad N 0 LL N w 1 o ,.§ o' 8' \\ 11 Q f 30 1'H0002lH1 1 5133H5 Ag2 \ '1 a 1170, A1 3L77,070.9 ION w \\ 1 Z I- t.: 1 1 o -� / `) \ 0 in o I \� �� >- p N vg I / Q p) W /// Ce W Z Z \��" "/ / >- Q z o ix O • I— Q) y wii , \\`\-- < I- I- HIL l e 4;.<r:'•'. : /� -- Z _ ZO cid ii c '`' -� s b U ~ „ i , 3g a' w - O z - 4. :! ,. \\\\ I up, U OEi O O /. u wr44 y O Z 9. hiit 0 H ke: ct ro, � g i. / 4 < •� aE7. ,.. :07,.a,:''c .' asa, / / r"a,M apa tO `a: .\ .% •• V 5: CD aj /�/� � mO E',Go , ...1 N b/ •91'dS --`P- 3c c13 c 03 BZ y-aF S L 1 r .*b L. � . .-za c° 4. 0 Q/�� .3^ 2 m h m j' Ol/0 'p,- h b 0 • h n qq O 0 CO w W V O 't{c V U 03 0 p CM-11 o 0 h W h N p. 2 L. .-1 Z Cl-O � �-, e W §_a -,-:: W •- in C.t cam. ,n 0 re I I wozw Li �^^_ o `i� � m o mot= ;q o o� c W • ,�y • e ,- ,--I j 1-7 3`d' c, b O n a n a O N r� �.," `o i -0 ^� iii N Q N U, 7 Y• h •— R 41 a CL ¢Ow W `� " d up <4g�� ,7 �,�� m 3 W w 3 w W W 3 • v z �s2 Q U i. o o ry n o o b ^� an a0O � 1` b y �ipo h b h b �"�"� rn O) m O o, O rn CO CO O rn • o N -_ O cno q / Ll ? m n n n n �I� y o 1-ecY / m J to 2 2 in cn in 2 vi ,n \/ C 03 6 - — S 7� - - — OD / _ 7 0 zip ami, L. � � '2 � "2 � � � mgill e 2 £'7 v o wall nun C° Ate 9MQIB1oz-til-11-(9 ')sa-z6-91\A3A8ns\)17b'MaHvo8 NOSflGnd - z6\91 Oz A3i121119 133Podid\A3n811s\:0 133HS SIH13N1l H31VW Y o in II o R• 15 r i k X k co.. O, A v } $- ..-- >- ..-- � j O o 'D 'D, A- CO iiip cli:Li z y 0 al > i, - ,, - _ _ _ } w 0 ¢ Ili ui w Rr /, �o o i 11 �Te o U vVi o LL uzi 2.y I , o' g f JO f H 1108H1 ! 5133H5 ,5 r I _�- - l - o- - - Q§ 1lx ttut 3137610)IAN �./ e Q $ e § I N tQx k k } }.0k9f---'1} k LL Q) W„,3-,-,,-3. lg Q 0 N c" It::,,,% > CC Z W 19 Q i 1111 O. S. O'' �! () Q0 +a„ } k k r+. +� + om Q = 0 x Fe0 ok o 1 S ~ a) = J °� �� �. o O. O. .or, c-i. c m < ~ ~ (n F- LL : t i-'''K : k k Jr m o; o� n f Rcr m U- 0 d zc r, j 1 � } k + ,+ k + o C U Ja "' s is n. n. r, r c,t r I (n Y I X r ° + t { -g r, L r-. rf+kr-, n n d W 1- O z - 0 O F. F- U k0 Z J CC; LLJ U 1 4 c'` 6 r ,09-- - QK M atv uS 2, Q k ik �+ n B O .0 c G co co 0o r- $ m + k k to oi F+ .n + o o O(c Q Cs U M } A. `' M m d m Ny C = @ 1.3 L A O .p. N 4. O e rn C m V . -- O 133HS SIH13NI1Ha1dW y) o r'+n '1 C 4 A• k cd O k R . a �w t O O J H RV n I I o p cc k k + m 3 CO LJ Ln 4,5 Ccc s II z° = in a W 0 z — CO• .: wO d CC /� a� a ¢Ow CZ V1 N M Mcli d f C yo c� Go 9_ r Sc+, C II cO . co Ell w . ,,, t110 k + k Li r e .2 V f U m r4v0t-R------n,lk South Florida Water Management District Individual Environmental Resource Permit No. 11-100865-P W=: �'" o 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 District's ePermitting site at www.sfwmd.gov/ePermittinq. 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 District's 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 District's 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 1-800-432-2045t or email ERP ..sfwmd.gov. N�J! 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 Expiration Date: January 18, 2024 Project Name: Audubon Country Club Community Boardwalk Permittee: Audubon Country Club Foundation, Inc 15725 Tamiami Trail N Naples, FL 34110 Operating Entity: Audubon Country Club Foundation, Inc 15725 Tamiami Trail N Naples, FL 34110 Location: Collier County Permit Acres: 4.75 acres Project Land Use: Residential Special Drainage District: N/A Water Body Classification: CLASS II FDEP Water Body ID: 3259A Wetland and Surface Water Impacts: 0.24 acres Conservation Easement to District: No Sovereign Submerged Lands: 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 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 trail/boardwalk 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. Permit No: 11-100865-P,Page 4 of 19 Environmental Evaluation: 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. Furthernore, 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 Permit No: 11-100865-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 Wetlands and Other Surface 1.564 acres Waters: 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 ID Acres Action Community Description Current Score With Project Score UMAM Loss 1 0.02 Direct Impact Bays and Estuaries 0.000 2 0.22 Direct Impact Mangrove Swamps 0.000 3 0.16 Preservation Bays and Estuaries 0.000 4 1.12 Preservation Mangrove Swamps 0.000 5 0.044 Secondary Impact Mangrove Swamps 0.000 Total: 1.564 0.000 Permit No: 11-100865-P, 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.flrules.org/Gateway/reference.asp?No=Ref-02505), incorporated by reference herein, indicating the expected start and completion dates. A copy of this form may be 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: 11-100865-P,Page 9 of 19 applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.4 of Volume I) 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. 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 imperiledspecies@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 properly 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 Enitity 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 15 of 19 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 http://my.sfwmd.gov/ePermittinq and searching under this application number 180601-611. Exhibit 1.0- Location Map Exhibit 2.0-Plans Exhibit 2.1 -Stormwater Pollution Prevention Plan Exhibit 2.2-Urban Stormwater Management Program Exhibit 3.0- FLUCFCS Map Exhibit 3.1 - Impact Map Exhibit 3.2-Turbidity Monitoring Plan Exhibit 3.3-SSL FDEP Determination Permit No: 11-100865-P,Page 17 of 19 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 1 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 cierkesfwmd.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 • ATTACHMENT • c MI ,) i I ORDINANCE 91- 5i ' y / 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 8505N, 3505S, • 8507N, 8508N AND 8509N; BY CHANGING THE i 1 ZONING CLASSIFICATION OF THE HEREIN , j DESCRIBED REAL PROPERTY FROM "PUD" TO • "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS AUDUBON COUNTRY CLUB PUB, roR PROPERTY c 1 LOCATED ON THE NEST SIDE OF U.S. 41, i , EXTENDING WESTWARD ACROSS VANDERBILT BEACH DRIVE TO LITTLE HICKORY BAY, IN �; .n SECTIONS 5, 7, B, AND 9, TOWNSHIP 48 '" t. -- SOUTH, RANGE 25 EAST, COLLIER COUNTY, xt� FLORIDA, CONSISTING OF 754.75 ACRES; BY �'', ... REPEALING ORDINANCE NO. 87-77 WHICH ;:,'. to '" , i ` ORIGINALLY ESTABLISHED THE AUDUBON . COUNTRY CLUB PUD; AND BY PROVIDING AN �v. r : ii • �+ EFFECTIVE DATE. 0" rp ' WHEREAS, Robert H. Flinn of Audubon Joint venture, petitioned the Beard of County Coamissionare 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; I • ,SECTION ONE: The Zoning Classification of the herein described real property located in Sections 5, 7, 8, and 9, Township 48 South, Range 25 East, Collier County, Florida, is changed • from "PUD" to "PUD" Planned Unit Development in accordance i with the PUD document, attached hereto as Exhibit "P" which ' , is incorporated herein and by reference made part hereof. • The Official Zoning Atlas Maps Numbered 8505N, 85053, B507N, • $508N and 8509N, as described in Ordinance Number 82-2, is hereby amended accordingly. SECTION TWO: Ordinance Number 87-77, known as the Audubon Country . , Club POD, adopted on October 6, 1987 by the Board of County • Commissioners of Collier flcounty iis hereby repealed in its entirety. ® 044rv,,202 ,Y °'S676 '0'1,��+ r IPA 1931 al deamr• MINIM NM , SECTION THREE; 0 , This Ordinance shall become effective upon receipt of 1 f notice from the Secretary of State that this Ordinance has . . been filed with the Secretary of State. i , PASSED AND DULY ADOPTED by the Hoard of County • •, Commissioners of Collier County, Florida, this day of . ,,o...e_ei , 1991. , r t ' KTTE$'f:•�"� +J/ , BOARD OF COUNTY COMMISSIONERS • JAMBS C..'OXLECs, Clerk COLLIER COUNTY, FLORIDA *., v C EY: " 0 � .e� � lJ P • �r PATRICIA ANNE GOODNIGHT, CHAIRMAN , + f/ .• Ap'{sYo^v . : edsato form and ' legal sufficiency , karlOris M. Student Assistant County Attorney i • PUD-B7-12(l) ORDINANCE nbJEdHBThis ordnance filed with the, • day�ry o o fX r • and ocknow'refZn Mat ffi recd`":'/tf; day of ' aPN Gee . k • !� 044,v,.?.�3 , • . , —2— , . }; 0 , . • • • 1 • • •4 'Xs ' PLANNED UNIT DEVELOPMENT DOCUMENT ZOR AUDUBON COUNTRY CLUB A PLANNED RESIDENTIAL COMMUNITY C • Ordinance Not 91-51 Effective Date: June 25, 1991 _ i ' Amendment Filed: CCPC Approval Dates June 6, 1991 • BCC Approval Dates June 25, 1991 Ordinance No: 91-53 • < r r. 04 � ® 044x1<<204 • • • 1 • 1 I • an all III ,, -...„...... IIIII �. . ti , I; . I. A 1.4.1.4. r I 4 ,• CURRENT AUDUBON COUNTRY CLUB PLANNING TEAM , • Consulting Engineer, Land Surveyors and Planners t - HOLE MONTES 4 ASSOCIATES, INC. t 715 Tenth Street South, Naples, Florida 33940 III : , . s Ecologist • KEVIN ERNIN J Kevin Erwin Consulting Ecologists, Inc. 2077 Bayside Parkway, Fort Myers, Florida 33901 ` _ yi. . I• 13.7. ■ (I44 f, 2t)a ,. III 5j ... . p., , , . . . .. s...,. . 1,.„.. . . am 111111 'I E •.r.: i^y Itoc tiPr 'r ;i::::,. ,,......' . INDEX , /; PAGE ty.f -- LIST OF EXHIBITS Ii • STATEMENT OF BACKGROUND PURPOSE Ili STATEMENT OF COMPLIANCE & SNORT TITLE Iv SECTION Ir PROPERTY OWNERSHIP i GENERAL DESCRIPTION 1-1 SECTION In PROJECT DEVELOPMENT 2-1 t SECTION IIII SINGLE-FAMILY RESIDENTIAL (R-1) 3-1 SECTION IVr VILLAS (R-2) 4-1 4 SECTION V: MULTI-FAMILY RESIDENTIAL (R-3) 5-1 . SECTION VIc COMMERCIAL RETAIL CENTER (CR) 6-1 . SECTION VII: GOLF COURSE I COUNTRY CLUB (GC) 7-1 # 4 SECTION VIIIs OPEN SPACE/CONSERVATION (OS/C) S-1 ' , SECTION IXr GENERAL DEVELOPMENT COMMITMENTS 9-1 • • 4 . ;. a . S. ta 044,,,..206 1 y 4. i • 1111 MIN MIN '1 1 Y� 2. is r LIST OF EXHIBITS A e EXHIBIT A MASTER DEVELOPMENT PLAN • EXHIBIT B Legal Description 4 EXHIBIT C Typical Street Right of Way and Road Crone Section 1 ' t • S I / t • ' ' r tI 44 Tftri:207 • r • li x f , i : 1 r 5 n.' ui ' 1 A. • • • r, 1... �STA7EMEHT or BACKGROUND PURPOSE 5 ,�1 rj 4'. The Property was zoned PUD under Ordinance 87-77 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 Club, Unit i i r One, Plat Book 15, Page 30 of the Pnblic 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 65, of the Public Records of ' • . Collier County, Florida. The golf course and part of the water , management system havebeencompleted on the part of the Property west- of Vanderbilt Drive. The primary purpose of this Amended and Restated PUD is to (i) recognize that a portion of the property which was subject to Ordinance 87-77 (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 portions of the development have been completed and although the developer has fulfilled many of its development commitments in Ordinance 87-77, nevertheless, this i ' d document continues to set 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. r: r7 - i • , • u ® e 44►a 208 , • • I,_ ` . Ili . • • w C } • 4 • .. STATEMENT OF COMPLIANCE • k`• 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 � 9 planning goals and objectives of Collier County as set forth in ' the Comprehensive Plan. The residential and commercial v development and associated recreational facilities (multi-use) of Audubon Country Club will be consistent with the growth policies, ` ' lend development regulations and applicable Comprehensive Plan documents for the following reasons' • • 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 easter Development Plan insures a generous amount of • common open space and flexibility in design which will • insure a quality living environment for the residents. S 5) The project development will result in an efficient and economical extension of community facilities and services. • 6) The project development is planned to incorporate natural systems and existing, man-made systems for water management { • 4 in accordance with their natural functions and capabilities. 1 • 7) Arterial roadways are in existence adjacent to the property ' and the number of egress and ingress points are controlled. • 0) 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 end 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 • , Thls ordinance shall be known and cited as 'Audubon Country Club • PUD Ordinance.' , ' !8 044 sI 2U9 • . .1 , 1Y.y iv ,.:,.,11 •, 1111 . � 1 Jr 1 ' e F 1 1 f • f ' L ' , : ' ' SECTION 1 c . PROPERTY OWNERSHIP 6 GENERAL DESCRrPTION 1 1 . • 1.01 INTRODUCTION AND PURPOSE i It is the intent of the Owner (hereinafter called 't 'Developer') to establish and develop a Planned Unit Development'(PUD) on approximately 754.75 acmes of property located in Collier County, Florida. It is generally d 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 bounded by Bay forest and The , Retreat Developments. It is the purpose of this document . to provide the required standards and to est 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 i 10- See Attached Exhibit 'B" • 4i: -1.04 TITLE TO PROPERTY t 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 .0 • partnership composed of Audubon of Naples Corporation, a Florida corporation, and F and B Associates, a New York + • , • limited partnership. ; 1.05 CURRENT EONING The property is currently zoned PUD (Audubon Country • Club), Ordinance 87-77. • If : i , ® C44m{2101 , i,'a 1_i f!' • s S u • ?.i.., ,r iil, .1Lif•' •' ,, It"- , SECTION II . • .^l;.. PROJECT DEVELOPMENT •'',1'- ' Y'• �.i..,.. vig,i, 2.01 PURPOSE The purpose of this Section is to generally describe the ,: plan of development and delineate the general conditions 07.-.; .p • that will apply to the project. v'f 2.02 GENERAL PLAN OF DEVELOPMENT Audubon Country Club is a planned community, which includes a mixture of residential and commercial usas, 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 • i+ y2.04.01 :j: '+ The MASTER DEVELOPMENT PLAN (Exhibit A) _showa 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 (5%) 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 ?LPN APPROVAL when site development plan approval is required by this document, applicant shall comply with Section 10.5 of the toning Ordinance or successor regulations dealing with site development plan approval. 2.06 DEVELOPMENT OF PARCELS el C44F i`211 . A) Site Development Plan approval, when required, shall follow the procedure as outlined in Section 10.5 of the zoning ordinance. 2-1 ‘Z,IV i'? ' • • I . 4 k A`J • i! 11''' . / ,y .S 't aM :4,,•: • LAND USS SCHEDULE • .t„i:. .4., APPROXIMATE MAXIMUM NO. OF 7.?•- ' LAND USE TYPE ACREAGE DWELLING UNITS RESIDENTIAL 1.r: 5.. •� R-1 (Single-Family) 108.7 408* %,: ^; : R-2 (Villas) 43.6 R-3 (Multi-Family) 27.9 300 COMMERCIAL . •-�6i%' . v ',:•i, CR Retail 12.4 124,000 sq. ft. of floor area I All acreages are approximate and may vary significantly to accommodate site conditions, environmental permits, topography ';i;• and existing native vegetation. 4, tiH *There will be a total of 408 dwelling units alloyed between the -4; R-1 and R-2 use types or districts. There is no specific number of units allocated to either such]li" • ,' S'y Vi„ 4.,:,.. ® G44 Fk��212 I ♦ t f • t ..t I,4'. � T, . 1p• . '` 2.07 PROJECT DENSITY The total acreage of Audubon Country Club's property is • 4}' approximately 754 ,75 acres. The maximum number of dwelling w ' units to be built on the total acreage. is 708. The HF. development of 708 dwelling units would result in a gross density of less 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 DWELJING UNITS Flexibility is to be allowed tis'" 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. 2.10 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. 2. 11 SIGNS el C'44 PAS.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 S .. ' ' it !i. (b) For the purpose of this PUD Document/ Ordinance, each tract or any portion thereof approved by the Development Services Director as a ,separate project shall be considered as a separate parcel of land and shall be 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. v. (b) Entrance signs shall not exceed a height of twelve (12) feet above the finished ground 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 lights are shielded in a manner which 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. 15 044 f*{t 214 • 4.2 2-4 T;:r • .A } 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 I 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. el 044 FA6E 215 x, • .�: 2-5 III s „. 'f i • it • SECTION III 4111 SINGLE-FAMILY RESIDENTIAL (R-1) pr 3.01 PURPOSE p/` The purpose of this Section is to set forth the regulations . 44 - for the areas and district designated as Single-Family . *' Residential (R-1) 3.02 MAXIMUM DWELLING UNITS A total of 408 dwelling units less the number of units • constructed in the Villa (R-2) tract according to section IV g. 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, 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) Single Family detached type dwelling structures. 2) Public and private parks, playgrounds, playfields and commonly owned open space. 8) Permitted Principal Uses and Structures Requiring Specific Site Approval According to Section 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 or semi-attached dwellings) , pursuant to development regulations in Section IV. 2) Recreational structures, community buildings, utility structures. 3) Development, management, construction and sales offices. • C) Permitted Accessory Uses and Structures 1) Customary accessory uses and structures, including but not limited to private garages and private swimming pools, and essential services and related structures , 044F41,218 3-1 • • { • r • , : •ti�� .' 2) Model homes shall be permitted in conjunction with the promotion of the development as provided in M.� • the Zoning Ordinance. • Ar 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: 10,000 Square 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 • S . 10 Feet to Screen Enclosures 3.04.04 MAXIMUM BUILDING HEIGHT: Principal Structures: 2 Living stories plus roof structure over parking Accessory Structures* 20 Feet 3.04.05 MINIMUM FLOOR AREA: 1,500 sq. ft. 3.05 PROPERTY DEVELOPMENT REGULATIONS FOR PERMITTED USES REQUIRING PLAN APPROVAL (Section 3.0331 3.05.01 GENERAL; All yards, setbacks, etc. shall be applied 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. • 044FAV-217 3-2 smommuelosss m. 4-4';:: 4 3.05.03 MINIMUM LOT AREA AND DIMENSIONS Area: 1,500 Square Feet a Minimum Parcel Dimension along any primary side: 50 Feet 3.05.04 MINIMUM SETBACKS g, ; "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 from adjoining rights of way: 25 feet To Principal Uses from Lot or Development Tract Boundaries: 10 feet To Principal Uses from Open Space 10 feet or Recreational Areas: To Accessory Uses, typical from Lot or Development Tract Boundaries: 5 feet To Fencing, Screening and Privacy Wall not exceeding 6 feet in height 410 from Lot or Development Tract Boundaries: None From Preserve Tracts outside of the Lot or Development Tract Boundaries: 20 feet TO Principal Uses: To Screen Enclosures: 10 feet 3.05.05 MAXIMUM 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 (144r,;G2 .B 3-3 ,•r J .1'.5'-'•••'-til'' , '' . 0 t•\. k.:..' : - ' „r . position and relationships of all proposed structures. r' `, f3.06 OFF-STREET PARKING ;.F,,:..:�°..,. • 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. ',Viejo:, IIf C' III '! • • • • .Afi .. e. ;y-219 :1-C.. ' +r . • • . . SECTION IV • VILLAS (R-2) Ver"1.• . 4.01 PURPOSE • The purpose of this Section is to set forth the regulations for the areas end district designated as Villas. •y,'• '. 4.02 MAXIMUM DWELLING UNITS �tx •-� A total of 408 dwelling units less the number of units i .`•' constructed in single family [R-11 tracts according to 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 I) 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 permitted principal uses and structures • allowed by Section 3,03A of this document. 3) Permitted Principal Uses and Structures Requiring Specific Site Plan APproval According to Section 2.05 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 F. 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 A11 yards, set-backs, etc. , shall be applied in • • relation to the individual Tract boundaries. 044 PArs:220 4-1 4110 A • .. ii ,, • .,. ,, • 5, - +•� •: . gig.. 4 ,04.02 MINIMUM PARCEL AREA AND DIMENSIONS As 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 side: 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 Gots: 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 Typical: 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 • 1111 044 var,E 221 i it 4-2 . . - . I 1`i�3' ill ".;•:,..: J.P:Y .,. , . r' . Q `, 4.04.04 MAXIMUM BUILDING HEIGHT: 141+1.,, PRINCIPAL STRUCTURE: (2) habitable/living stories above parking unless other- � - wiseapprovedunder Section , 4.03B. i ACCESSORY STRUCTURE: 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 ','r, 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. M t Y ir;,.j . 111 1144 rAGt 222 • • V '•., t. '. • SECTION V • •:M,,; • 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 (R-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 ?Sulu-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 4111 • 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. • �I 0.44 FArri 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. 5.04.02 fhr, A) MINIMUM PARCEL. AREA AND DIMENSIONS :dt ' 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 of: •.2 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(B) MINIMUM FLOOR AREA: 750 square feet per unit 5.05 PROPERTY DEVELOPMENT REGULATION FOR USES UNDER 5.03 B) 3) 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 height with the same minimums as 5.04.03. 5.05.03 HEIGHT! As specified by Section 5.04 .04. U44 FASE 224 • 5-2 411 �3 I I.-Y. , J., • 0 1'''17.::. ' • , ','.‘,:;••..,,, • ‘4,..-.;: . • •,,, •V,- • ... ':•••1,1!.7....'' • e•C ..‘.. li .:t;:••• . !‘..s i•... •'',.:1;:,:':: ...‘ • ••,-. .•::.;... • 5.06 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 tinit. 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. . .. ' 9FT:' • ,—. . 4471:-. .• 4.... 41/1 . .. . ..„, •II..,. $,i":•,' • 71'(.' . , 4,..!. • ' '.•:M,., • , tfi)i.i..'... .. .e.,-• ic.$•.:.-.- . •. 3.-sir i :•:•.,•• ...4, , 6.,....f. • )...,•,••• • ..*0--•;.f: - 4',--- vt,.:•.• ,: .i.,,t44..•••• El 044N;t225 ,Kr•'.:..?;,:: t••••1 • ... . .,,, • • .•,. • 's:.•. • •.v.,,. . . PC, ' • _.. SECTION VI COMMERCIAL RETAIL CENTER (CR) 4 '1 • 6.01 PURPOSE The purpose of this Section is to set forth the regulations •-'• fox the area designated on Exhibit 'A", Master Development Plan, as the Commercial Retail Center (CR) . • 6.02 PERMITTED USES AND STRUCTURES No building or structure ord part thereof, err of, shall be eler erected, altered, or used, in part, for other than the following: A) permitted Uses: Yt'R.r: 1. Antique shops 2. Appliance stores 7 `. 3. Art studios 4. Art supply shops 5. Automobile parts stores 6. Automobile service stations • 7. Bakery shops 8. Banks and financial institutions 9 . Barber and Beauty shops 10 . Bath supply stores 11. Bicycle sales and services 12 . Book stores 13. Carpet sales - not including storage or installation 14. Child care center subject to site plan approval 15. Clothing stores 16. Cocktail lounges 17. Commercial recreation uses 18. Commercial schools cand stores 19. Confectionery Y 20. Delicatessens 21. Department stores • 22. Drapery shops 23. Drug stores 24. Dry cleaning shops 25. Dry goods stores 26. Florist shops 27. Furniture stores 28. Garden supply stores - outside display in rear 29. Gift shops 30. Glass and mirror sales - not including installation l' 31. Gourmet shop 32. Hardware stores 33. Health food stores and health facilities • 112 O FALL 226 II . . : . • ;,.? 34. Robby supply stores 35. Ice cream stores 't^ 36. Interior decorating showrooms and office 37. Jewelry stores si 7.•. 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, fraternal 'and social 52. Radio and television sales and service 53. Restaurants 44 54 . Shoe sales and repairs 55. Shopping centers • 56. Souvenir stores 57, Stationary stores 59. Supermarkets and neat markets not to exceed . 25,000 square feet) 59. Tailor shops 60. Tile sales - ceramic tile • • 61. Tobacco shops 62. Toy shops 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 professional service • which is comparable in nature with the foregoing uses and which the Director determines to be compatible in the district. 68. Water management facilities, 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.• 1111 044fiu 227 4110 6-2 • 4. * There ehal1 be no required setback from boundaries from open .Tei space conservation areas. A landscape buffer area of at '` • least ten (10) feet shall be maintained between parking �: Ifrareae and any roadways or residential parcels and shall : comply with Section 8.37 of the Zoning Ordinance. T-4'• ,...i. 6.04 BUILDING SEPARATION All buildings shall be separated twenty (20) feet or -e,'., one-half (1/2) the sum of their heights whichever is greater : except that in the case of clustered buildings with a common architectural theme these distances may be less, provided 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 1 floor except that free standing specialty structures of nationally(1,00fl) square gstandard s than onethousand feetd shall be permitted when site plan approval has been received. 6.06 MAXIMUM HEIGHT ee Thirty five (35) feet above finished grade of lot. ;:e.:. 6.07 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING RWIREMENTS As required by the Zoning Ordinance of Collier County. 1110 6.0$ MINIMUM LANDSCAPING REQUIREMENTS As required by the Zoning Ordinance of Collier County. 6.09 SIGNAGE: A. Wall and Marquee Signs One wall or marquee sign per business with an area not exceeding fifteen percent (151) 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 Signs • "•' One on-premise sign not to exceed fifty (50) square feet for free standing businesses with one hundred fifty ( 150) feet or more of footage not to exceed twenty (20) feet in height. NA 044 ry 228 Y 4 6-3 S F•471 • 0 • ... .� . � , • • e, - C. Directory or Entrance Sign • 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 Ordinance: !. 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 site plan will be in harmony with the intent and purpose of this document. Such material shall include the following, where applicablea 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 DEVELOPMENT 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 atthe time a permit is requested or • required. 044 Faro 229 • 3 6-4 '(-;:•••:.:1},.:,'',:l. , 22 . . �y . . � ..'' '.4'7 I. e; ! ~ 6.13 S0(RE E00rA E all not exceed one twenty-four hou aCommercial nd (12ment 4,000) square feet of floor area. hundred :a . 45:^ � , \ . . 2 � I , � . Fi.t-,..:,ini 2 '/ . 6«{ . d . . : \. . 4111 / . f - . 0 i. !!«: . . \. ZG� z 4t©f / ��� 77: /. . § / w • El O�� ?�q . \ • 6-5 4111: , . . • . SECTION VII • rfr GOLF COURSE & COUNTRY CLUB (GC.) • 7.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated as Golf Course. • fs ' 7.02 PERMITTED USES AND ST1UJCTURES do 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 Golf Course B) Permitted Accessory Uses and Structures 1) Clubhouses, pro-shop, practice driving range and .V( 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 4110 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 �t` customarily associated with the permitted use, Y; 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 plans shall be recorded in the same manner as a subdivision plat. O44vAr,`-231 • • J. 4110 1 43 '*v..V 7 .03 PROPERTY 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 treatment of buffer areas. g) Buildings shall be set back a minimum of fifty (50) feet from abutting residential districts and the setback area shall be appropriately landscaped and maintained to act as a buffer zone. No parking will be allowed in the buffer. . 7.03.02 Maximum Height of Structures Three ( 3) stories over parking. 703.03 Parkin The off-street parking shall be as required by the Zoning Ordinance of Collier County at the time All, '`..' building permits are requested. • ' ;1. .5y Axa' , r :. 44Fa;K232 N ,,' 7--2 1111, AI i •;.., ; 411 .Aa ;', ' `Y: ' • •A B) permitted Accessory Uses and Structures i '/ 1) Accessory uses and structures customarily f*� . g . 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. 6,03 PROPERTY DEVELOPMENT CRITERIA • Overall site design shall be harmonious in terms of landscaping, enclosurerrea structures,on andon of treatment sss of streets and parking buffer areas. 8.04 MAINTENANCE • The Developer shall establish a Property Owners Association for the Project which will be responsible for the .• maintenance and conservation of the Open Space/Conservation areas, recreational facilities, private streets, sidewalks, parks and other common facilities. •Pt r44 S: ti ' El C44234 `i 'V....... • . 8-2 .''.„,„ ..., • 1,..,3;:-.. 1 i • . 1 f` •Y ,i.,.;.,., ., . , ,i %t.4, ,•'!:',IF. ' -,:-: .• • .• ::::,,.„. . .„... SECTION IX r' j.. " GENERAL DEVELOPMENT COMMITMENTS II • i• 9.01 PURPOSE ai The purpose of this Section is to set forth the standards r 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 requirements 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 may be private roads and access may be limited thereon with the 4111 . exception of emergency and official vehicles. 9.02 DEVELOPMENT COMMITMENTS :,• A) Energy 54• 4•�, • 1) Construction shall comply with applicable local Ii , 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 an 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. �j • Ed 044 FAG':235 • • 9-1 .,. , , 1 ':'l:''l1lII. . `';." 2) There will be an eight (8' ) foot leisure path ,.'; throughout the development as shown on the Masten 'b*, Development Flan. Together with the golf cart ":;.. paths, they will serve all residential and common :" areas . M 'Cy;. 3) Developer shall provide 50 feet of right-of-way .;" along the north boundary of the property between {'. Vanderbilt Beach Drive and U.S. Highway 41 for a. future roadway purposes. 4) The Developer shall provide up to 25 feet of additional right-of-way along all frontages on Vanderbilt Drive (CR-901) , the exact amount to be determined when right-of-way permits are issued, for turn lane, bike path and drainage uses upon the four laning of that road. 5) Gate houses shall be located and designed so as not to cause vehicles to be backed up onto any public roadway. 6) The Developer shall provide left and right turn lanes and arterial level street lighting at all accesses on Vanderbilt Drive and Tamiami Trail. 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 Tamiami Trail. The signals will be owned, operated and maintained by Collier County. 8) 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 85-55 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 . VS 044 rkv..?36 9-2 j 4 1 4 i. rt l't ` • . . , '` .• . 4,,,..:,:l . .; ..... i..,....:„-o.. • 1111 . :::.,... •:. • 1L:. 12) The proposed underpass under Vanderbilt Drive, Ai-•' shall be constructed to accommodate future 4 �F., laning 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 PUD. C) Water Management '—:— 1) Detailed paving, grading, site drainage and utility plans shall be submitted to Project Review Ve Services for review. No construction permits �:5. shall be issued unless and until approval, of the 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. B8-26 and South Florida Water Management District (SFWMD) rules. • • 3) Design and construction of all improvements shall . be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. 1. 4) A copy of SFWMD Permit or Early Work 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 1) Water 'distribution and sewage 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-of- way or within utility easements required by the . 9Qi4 F�,.237 i. - j r r. 4110 . 31'...; County shall be conveyed to 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 tha 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 effect at the time construction plans are approved. The above tasks must be completed to the satisfaction of the Utilities Division 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 4110 prior to commencenent of construction. (b) All customers connecting to the water • distribution and sewage collection facilities will be customers of the County and will 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 sewer service to • the project, the water and/or 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 8 water to meet the consumptive demand and/or 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 tune development commences,� the Developer, at his M�i1! co44441,, 238 9-4 1 et ,_ 1 ;c . .G .'�'• , 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 that: (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(ies) 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 n( • NW , ' " with County off-site facilities, water and/or :,j sewer lines necessary to make the connectian(s ?:tetc. Mti �' (4) At the time County off--site water and/or sewer facilities are available fore project to connect with, the following water and/or sewer facilities shall be conveyed to the ' County pursuant to appropriate County Ordinances • and Regulations in effect at the time: { (a) All water and/or sewer facilities constructed in publicly owned rights-of-ways or .within utility easements required by the County within the project • limits required to make connection with the County's off-site water and/or sewer facilities; or, • . (b) All water and sewer facilities required to connect the project to the County's off site water and/or sewer facilities when the on-site water and/or sewer facilities are constructed on private 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 County sewer facilities including all 4111 utility easement necessary; ee (ii) Water distribution facilities from the point of connection with the County's water facilities to the master water meter serving the project, including all utility easements necessary. (5) The customers served on an interim basis by the utility system constructed by the Developer shall become 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 i A • • • rr r 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. *e. (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 . 111 044 frit 241 1111 9-7 milL 1 r. i.; ..: :k ,,,,, :i. • treatment ';_;�,,c.jf' (f) if an interim on-site water supply, sso•. and transmission facility is utilized to serve the ,i;s" proposed project, it must be properly sized to supply ` average and peak day domestic demand, in addition to +,:'- fire flow demand at a rate approved by the appropriate As Fire Control District servicing the project area. ;+ (g) Construction and ownership of the water and sewer facilities, including any proposed interim water and/or sewage treatment facilities, shall be in compliance with all Utilities Division Standards, - Policies, Ordinances, Practices, etc. in effect at the time construction approval is requested. s� (h) Detailed hydraulic design reports covering the water distribution and sewage collection and transmission systems to serve the project must be submitted with the construction documents for the project. The reports shall list all design assumptions, demand rates and other factors pertinent to the system under consideration. (i) When the County has the ability to provide sewage treatment and disposal services, the Developer, his assigns or successors will be responsible to connect to these facilities at a point to be established by the County, with the Developer assuming all costs for the connection work to be performed. • 2) The project's Developer(s), his assigns or successors shall construct and utilize an on-site is secondary distribution system for the use of treated sewage effluent nwith areas n the p lading s it , for irrigation purposes t not limited to the golf course, clubhouse, common 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 findingsee ort mustt beed subhydraulic itted iwith design report. P construction documents for the project. The report shall list all design assumptions, demand . rates and other factors pertinent to the system under consideration. 0.44 FA yf 242 . 9-8 •, . . c - c -- ___._.._---- A • ,I.:i, • ,; , "} '`'+ 3) Prior to approval of construction documents by the Utilities Division, the Developer must present verification, if 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. C) Exceptions to County Subdivision Regulations 1) Article X, Section 3* Buffer 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. ® G44PAr,E.243 ;. 9-9 ;. III • e .: •. 3) Article XI, Section 17.F & C: Street right-of-Way and cross-sections for the roads shall be as shown • on Exhibit "C" .* 4) Article XI, Section 17 .Hs The 1,000 feet maximum dead-end street length requirement shall be waived if emergency access is , provided as shown in Exhibit •E",* • 5} Article XI, Section 17. 11 Sack of curb radii at istreet intersections shall be a minimum of 30 feet internally, minimum 40 feet externally.* 6) Article XI, Section 17.K: The requirement for 100 feet tangent sections between reverse curves of streets will be waived- on all roads. Speed limit control will be used to control traffic.* c 7) Article XI, Section 21: The requirement for blank utility casings shall be subject to installation of utilities prior to construction of pavement and base. 8) Article XI, Section 10: The requirement for reference markers to 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 side- 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 owned to qualify for these exceptions. • F} Environmental Stipulations 1) Developer shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting) , requiring the 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 Community 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. rift dl44F A244 . :,.;,:.,:.... 2) Native species shall be utilized, where available, ' ' ' to the maximum extent possible in the site Rei: landscaping design. A landscaping plan will be ., _ submitted to the Development Services Department G_ and the Community 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, ab -defined in the County Code, 'j, 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. .moi 4 ) If during the course of site clearing, excavation, rY; 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. 044 tv,t 245 9-11 111/ . ri .'t .r-, A t.. l�,.,.,a : 6) All xeric scrub oak' and wetland .areas deshaglated a,�,, as 'conservation open space ( "0/0") habitat preserves. Any proposed alterations - W7. and/or uses within habitat preserves shall . % subject to the review and approval of the r . Development Services Department. Habitat Preserve • includes the 0/0 easement which is within the commercial ( °C/R') tract. All C/0 areas as designated on the Master Plans must be flagged by the Developer prior to any construction in the abutting area and habitat preserve boundaries will be subject to the review and approval of the Development Services Department. 7) To increase lake productivity and habitat values, e side slopes feet from be men l out to a low water depth levels. three (3) opshould various investigate natieplant vegetating plittoral shelf ares with species (upon request, the Development Services Department can provide pertinent information concerning plant species) . • g) Developer shall design and implement a program to prevent and/or reduce populations of noxious/ exotic plant populations within lakes, specifically, but not limited to, preventing . growth of hydrilla (Hydrilla verticillata) , water hyacinth (Eichhornia crassipes) , and (to a lesser degree) cattails (Typha latifolia) ; this program 4111 will be subject to the review and approval of the Development Services Department. 9) A survey for the presence and distribution of protected species must be conducted by qualified personnel subject to approval by the Development Services Department. For species identified in the Florida Game and Fresh Water Fish Commission . July 1)87 edition of "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida, ' the survey must include: bald eagle (Haliaeetus leucocephalus) , red cockaded woodpecker (Picoides borealis), gopher tortoise (GaphPrushemus) , gopher frog (Rana areolata) and eastern indigo snake (Drymarchon . corals cauari) . Results of the survey must be made available to the Development Services Department, and, if warranted, project designs should be adjusted and/or individuals/ populations relocated to appropriate locations to insure the survival of . the protected species. Where appropriate, retention or relocation efforts will include the butterfly orchid (Encyclis tampensis) . Lastly, 9la L44rarr.246 AI • . . the Developer shall satisfy all state (Florida 1 - Game and Fresh Water Fish Commission) and federal ,e.• (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 Commission or Board of County Commissioners provided thati (i) the boundaries to the open space/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 aro not modified. 11) Final alignment and configurations of water • management structures (lakes, swalea, 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. IA t3 4 wt.247 9-13 4111 • 11111. . ,0 . . 4110 w.:,- 13) The Developer and the Development Services I Z41 see Department will cooperate on the final layout of -;e• the golf course, resulting in a tree removal program acceptable to both parties. Prior to X _ construction, golf holes will be field staked by the Developer and subject to the review and approval by the Development Services Department. Developer should make reasonable field adjustments of the course to minimize habitat destruction and should follow xeriscape principles to reduce environmental impacts. Particular attention is to be paid to hole *14 and f15 by the Developer to minimize impacts on the scrub oak habitat to the extent practical and ' consistent with good golf course design. 14) As shown on the Master. Plan, encroachment into selected freshwater wetlands will be allowed to facilitate the retention of additional acreage of xeric live oak habitat. The Development Services Department will support efforts to secure necessary permits from other state and federal agencies, i.e. , permits which would allow encroachment into the wetlands. If permits cannot be procured from the necessary regulatory agencies within a reasonable time to construct the project • as outlined in the Master Plan , the Developer and the Development Services Department shall cooperate to finalize all proposed development to 4110 minimize environmental impacts, especially in the xeric live oak habitats. 15) All housing development abutting the golf course where there is no intervening upland conservation tract or lake, will provide lot buffer zones to protect and maintain the quality of existing native vegetation between golf hole boundaries and the housing unit. Lot buffers must be a minimum of 20 feet and larger buffers should be encouraged via deed restrictions. 16) Residents within xeric live oak habitats should take special means to preserve existing plant and animal communities (exclusive of venomous animals or toxic plants) . On single family lots within the xeric live oak habitats, the architectural review committee established by the developer will require incorporation avegetation of reasonable intamounts e s{tf e existing plan. Deerestrictions shall promote landscaping retention of existing plant and animal • communities, recommending the practice of xeriscape landscaping. 044 F4q 248 -INI I 0 .rt' -10,;: 17) Where applicable due to development, components of . 4r 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 sabal palms (Sabal palmetto), wax myrtle (Myrica cerifera) and components of the xeric live oak • communities including: oaks (Quercus app. ) , wax myrtle, rusty lyonia (Lyoniaferruginea) , and gallberry (Ilex glebra) . 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, etc. ); .t . 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 (SCC), the BCC to act as the final arbitrator. 21) Should the South Florida Water 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 include the buffer Q44FAg.249 9111 • • ; 5 AL ,i 't ',.',!. , . within the Preserve tract. If the buffer is �' located within a separate tract, that tract shall � be dedicated on the plat to the gra�ect's •f;`•'.• homeowners association or like entity for ,; ownership and to maintenance .responsibilities with and if no necessary, responsibility for maintenance. All Preserve buffer easements or buffer tracts shall be created ter 704 Q6 , Florida statutes. provisions SFWMD relievess the County, in a manner satisfactory to the County, of maintenance and enforcement responsibilities, the buffer may be located on lots and the following stipulation will apply in place of the foregoing stipulation. 22) If (a) the SFWMD 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 orr 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 land. If the buffer is located on lots of . development lee established tracts,to provide atefor afeeuards 1 enforcement of clearing/alteration restrictions, with adequate safeguards to ensure that those responsibilities run with the land, that are acceptable to the SFWMD and Collier County. 23) Mitigation for the proposed impacts to 3.3+ acres of wetlands designated, C0-R2 tract shall be xeric live oak habitat unless other suitable mitigation proposals are approved by the South Florida water Management District (SFWMD) . Said mitigation 1 shall comply with the mitigation ratios of SFWMD and shall be contiguous to other xeric live oak habitat, preferably the xeric live oak conservation area comprising the Bald 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 704.06. 9-16 El U44 FAQ,[250 i A . • • • kik i?t " . 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 plans 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 1111 ?: 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(s) 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-pp 044r E251 MIL, ,.!S)...' - . . ',..?„,'6 .. . cl••'.;" - ./ ..,...„,. f (V:. develop an °inter development (i.e. , Little Hickory Shores, Bonita Shores, Lely Barefoot Beach, Audubon) plan for boat traffic management 0,:-,• promoting the preservation of estuarine resources .i. • affected by the subdivisions and their associated boat traffic, if any future boat docking or •. launching facilities are proposed. ,. .C.; :rk), , RCGS24,1102111/078 31 1.411 .., '._. . -. 4.1111 !-'‘V:, ' s,,,-•, • . , AVil."1. • 4!•,,;' --.,. ,41.4'. •.';. . 4.7;;/1/24.: • • .,A• ,...:•-•-.7. • . .t:,, '. • , ..„.. . :', '.;,•••':_. ,, '.•,:......k . •,,A;:,L,, , 44i.;:. ' • . • iN....... . ,,,,,'.. fi',0(4? 1.. •;gt.;•.,:,' .,::. ill ..t.4.4.s,4;,.. .,, . .. ,:,, • .•,'7•.!,; ... A ti, :Iill;,' • '.4'..: i• , ': , ! '1"• . . ..;•";, VII 044 252 ..., . - , .v. : :• : , 9-18 .. . . . .., • .. : . . i .., ' • ! • . tl .1 . - fr- • .. . , ,, • . . . e .. . • .., . 'Yc • . c t • . 'C ,. • '• ' V ••• A V xtsiaxa 7.-,..._s3r ems r.41--r•9xr=- . • Fi allok trte ';P. , . RI PIT.-. . 4 id f L - ;iigp4u - ' . d ' ` • / . r r • L V �1 ., _ 0 . .4 I ' ;.`+\, - i O7 's I .9„, 5 ,. of ` =!1!ii1r' k1. r, ic '::i di L----v-i. ‘4! \\_S �� W _ # 1 1 I! 1 III ; - �+ r` '41:14 _ 2 A ,�` E 0 I: I,ini I Iji !I i i, \ '' i .y4p i i � II 11 111 t Iii i1(icz 015""4.7,M ± .! ..t :iv N . -,t. -1,,,, .17,fr:,,,iwziw pil D ,1, II! millieSPI' 111111Plikt ."& "' -‘.' a i 222 i n11 Id 7 P u '• ..I.:1 A L 'A • I ' �' F... •a:t ra.: ,e •• fr • ' :�. •.,1 a_ T' . o ' rti •. 4111 ,}if..,•. t�... ',rtti.• =inn Fate 1 of 5 •J. '1';1 t!.:.,' Z1DI'C I f M,...Y!• t�•'moi .,.1 Legal Description Legal Description of a parcel of land located in the North 1/2 of Section p 48 ad cs ier Countyr floi , being more particularly described asfollows ' ".What portion of the North 1/2 of Section 9 Township 40 South, Mange 25 East, Collier County, Florida, lying Westerly of V.S. fighway No. 41 (state Road No. 45) as the same is shown on the State of Florida U.Q.T. Right-Of-Way Hap of State Road No. 45, i'.allisr County, Florida, Section 03010-2519, Sheet 3, of the Public Records of County, )Florida county,Easterly f County Road No. 901 (Vanderbilt iveolliarFloria. • 1r i .'•ig:'0$1', , .67' '''''': •:= , ti , 1. ::it..�• 'S-: .• Is- 044f�f=254 , -- 0 r .e., ! 111R/4 rite Se. 84.411 •'1 '` ' '. " 11(3/17 •ri: , Revised 1121118 .• Page 2 of S • ,� •` Legal Description k A portion of Sections 9, 7 and e, Township ea 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 19°59'22.3° West along the South line of said Section 5, , 50.00 feat to a point on the Westerly } right-of-way line of County Road 901, also known as Vanderbilt Drive, (formerly State Road 5-855-A) and the POINT OF BEGINNING of lands herein described; thence run North 00001117* marwriIirdireirrirly right-of-way line a( County Road 901 , said right-of-way line being parallel to the East line • ' of the aforesaid Section S, 2,088.04 feet to a point on 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 89°59137" West along the Easterly ' prolongation and aforementioned South line of Unit No. 4, Bonita Shores, 2,003.71 feet to a point of curvature of a curve concaved to the South having a, central angle of 35057'00°, a radius of 50.00 feet; thence run Southwesterly along said curve and along said South ilno of Unit No. 4, Bonita Shores, 31.37 feet to a point ofreverse curvature of a curve concaved to the North having a central angle III df 3S°57'001, a radius of 370.00 feet; thence run Southwesterly along said curve and along the South line of said Unit No. 4, Bonita Shores, 232.16 feet to a point of tangency; thence run South 89059'37" West along said South of line Unit No. 4, Bonita Shores, 287.57 feet; thence run North o0°05'54' 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 line of East Valley Drive and the South tine of Unit 9 No. 2, Bonita Shores, as recorded In Plat Book 3, Page 43. said Ruble Records of Collier County, Florida; thence run South 89°59137" West along said South right-of-way line and said South tine of Unit No. 2, Bonita . Shores, said line being the Easterly prolongation of Deed Book 4i, Page 346, . . said Public Records of Collier County. Florida; $0.00 feet to a point on ,the Westerly right-oaf-way line of West Avenue and the West lin* of'the aforesaid Deed Book 41, Page 346; thence run North 00°05'54" West along said Westerly • right-of-way line and West line of said Need Book 41, Page 346, said West. right-of-way line being parallel to the North/South centerline of said Section -^,1,,_450.00 feet to a point on the EastlWest centerline of the aforementioned Section*5, 'said point being 30.00 feat West of the monurnented center of said Section 5; thence run North 000061410 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 Public Retards of Collier County, Florida. said line being parallel to the North/South centerline of said Section S. 410.00 feat to the Southeast corner of Lot 33, Unit No. 2,�Utile Hickory Shores, as • recorded in Plat Book 3, Page 79, said Public Records of Collier County, 121 04.4 Fig 255 J• : r •,. . i.e..... 3 al 3 rte..• rile �•'• '' ' al Oesc,iP tion Legal • Florida; thence run South 89°58'43" West along said South line of said Lot 33, 30.00 feet to the East line of a canal, said Unit No. 2, Little Hickory Shores; thence run South 00°06'41" East along the East line of said canal, said East line being parallel to the North/South centerline of said Section 5. 4C•00 feet to the Southeast corner of said canal and the South line of the aforementioned Unit No. 2, Little Hickory Shores; thence run South 19°58'43' West along the South line of said canal and the South line of the aforesaid Unit No. 2, Little Hickory Shores, 1 ,356.21 feet to a point of intersection with the bulkhead line as described in Official Record Bock 46, Pages 158 and 159. said Public Records of Collier County, Florida; thence run South 10°26'43e West along said bulkhead line 738.46 'feet; thence run South 13°33'17" East along said bulkhead line for 2,112.58 feet to a point North 15°53'17' West distance 207.90 feet from a point 920.00 feet West along the South line of said Section S from • the quarter section corner on said line; thence run South 89°581;3' West along said bulkhead line and parallel with and 200,00 feet North of said South fine for 363.86 feet; thence run North 1S153'17" West along said bulkhead line for 1,050,00 feet to a point of curvature; thence run Northwesterly, Westerly and Southwesterly and Southeasterly along said bulkhead line and along the arc of a curve of radius 200.00 feet (chord bearing South 71°06'43• West) for 628.32 feet to a point of tangency; thence run South 1S°53'17' East along said bulkhead fine 230 feet more or less to a point on the North shore of an island in Little Hickory Bay; thence run Southwesterly and Southerly along the West b shore of said Island to a point on the South line of said Section S (Official Record Book 927, Pages 188-190), 1,249.00 feet from the quarter section • ,corner on said South line; thence run Southeasterly, Easterly and Northeasterly along the shore of said Island In Sections 3 and a, Township fie South, . Range 25 East, Collier County, Florida, to the South line of said Section 5 at a point 1 ,753.00 feet West of the Southeast corner of the Southwest quarter of said Section 5; thence run North 89°58043• East along said South line of said Section 5, 31.71 feet; thence run South 31°35'134 West, 305.29 feet (Official Record nook 791, Page 106); •thence run North I a4006157' West, 291.55 feet; thence run North 16°36'57' West to a point on the North line' of Section d, Township ad South. Range 25 East, 240.42 feet; thence run South a9°58'43° West along said North line of said Section 3, 121.17 feet to a •point of intersection of said North line of aforesaid Section II with that certain agreed boundary line as recorded in Official Record Book 63 at Pages 235 to 250 inclusive of the Public Records of Collier County. Florida; _thence run South 00°01152.1° East along said agreed boundary line 121.61 feet; thence run South S2°30'11.5' West along the agreed boundary. line, 1.060.41 feet; thence run South 11°59123,6" East along said agreed boundary I line, 1,420.43 feet; thence run South 58°58'5Q.9° East along ,said agreed i boundary line, 1,093.50 feet to a point 50.00 feet North (measured at right angles) of the South line of the Northwest quarter of said Section 1, said point being the most Westerly corner of Bay Forest as recorded In Piat Book .. 13. Pages 27 through 29, of the Public Records of Collier County, Florida; thence run North 89413'20° East along said boundary of Bay Forest, said line being parallel to and 50.00 feet North of the South line of, aforesaid Northwest . ei C44 FAV.25 4. '',..'- ''01:4.,..L �o' 4#..� t" 4 of S j r �...ri • ,1Y", .••.•• . .,.!•''�'' teoai Description p quarter of said Section I, 1,915.16 feet to a point on the East line of the i. Northwest quarter of said Section 8 and on the West boundary of said Bay Forest, said point being 50.00 feet North of the Southeast corner of the Northwest quarter of said Section 5 (center section); thence run North 00022127* West along the aforementioned East tine of the Northwest quarter and along the West boundary of said Bay Forest, 1,322.29 feet to the Northwest corner of the South half of the Northeast quarter of said Section 5, said Northwest corner being the most Northwesterly, corner of said Bay Forest; thence run North 59.36131N East along the North boundary line of said Bay Forest and along the North line of the South half of the Northeast quarter of said • Section 5, 2,396.16 feet to a point on the previously mentioned Westerly right-of-way Has of County' Road 901 (Vanderbilt Drive, formerly State Road S-965-A): thence run North 00141027" West, along said Westerly right-of-way lino of aforesaid County Road 501, 1,354.59 feet to the • POINT OF BEGINNING. • Containing 486 acres, more or less. . .ANO t I i Y : s, ,. A portion of the North half of Section 9, Township .45 South, Range 2$ East, Collier County, Florida, being more particularly described as follows: II ' That portion of the North half of Section 9, Township 55 South, Range 2S East, Coilter County, Florida, lying Westerly of U.S. Highway No. 41 (State Road No. 4S) as the same Is shown on the State of Florida D.D.T. Right-of-way Map of State Road No. 4S, Collier County Florida, Section • 03010-2519, Sheet 3, of the Public Records of Collier County, Florida., AND lying Easterly of County Road No. 901 (Vanderbilt Drive), Collier County, s • Florida. •• • „ Containing 273.6 acres, more or less. • Ail of the foregoing subject to any dedications, limitations, reservations, . restrictions, or easements of record. , i { r. ' •r. • 044 FArA X57 . . P 1 Fp ,•4..,yN.,'' • 0 „....•. .1.- IL. I ,;r:'' , . •..,,r ,,;,.- Pt=e S of S • f'' .'xJt , ;It, ti ..r " a� <<, LESS AND EXCEPT FROM THE FOREGOING THE FOLLOWING LAND; , DESCRIPTION OF LANDS SURVEYED All that part of the Northwest Quarter of Section 5, Township 48 • South, Range 25 East, Collier County, Florida, being more particularly described as followsi Commencing at the center of said Section 5; thence South 89 degrees 32'00" West 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 herein being described; I thence North 0 degrees 33100*. West along said westerly right- of-way line a distance of 410.00 feet to the southeast property corner of Lot 33, Block E, Little Hickory shores Unit No.,21 as recorded in Plat Book 3, page 79, Collier County, Florida; ' thence leaving said right-of-way line South 89 degrees 32'00" West along the southerly line of said Lot 33 a distance of 30.00 feet to an intersection with the easterly line.of the canal as shown on said plat; . thence South 0 degrees 33100" East along said canal 40.00 feet; thence South 89 degrees 32 '00" West aslonq said canal 926.63 • feet; thence leaving said canal South 10 degrees 33'27" West 213.95, feet; thence North 89 degrees 32'00" East 857.43 feet; thence South 0 degrees 33 ' 001 East 160.00 feet; thence Worth 89 degrees 32'00" East 140.42 "feet to the SPoint , of Beginning of the parcel herein described; 3 containing 5.25 acres of land more or less; • • subject to easements and restrictions of record. . 0M ' :!..,. I 0 644 P���258 ® ., . i 4 ,a . . 4 • . , M II 1 I .rt ' {, ii.r L ., + N yi : ' r — ,.1 . i I .il „, I .1/4° I I ••3 -1" , 4 • ,,_, ": LY .., ii1J1ligi O , 'i K ` 3 : ki illt, . :4 . ee ` ti, t .1 I 11 0: . ..., • ...,,,, f " Iwo !£ 3W res 41 *), l' gaillifinfli 41•- - I . _ I'.i I.: ' • • 9zz 1..1.g30 nos . • ...s.r• •":',:;.:i'':. • 1 :: . • . , . .. . . TBZ ir'Vj vila in . . . . . , . , ... . .i. . . . ...., • ' . . ,4 • a . „• • • • ' 1 i. . • •.. *il 1 I . .. , . . • . , ' . 't.;'•' • i r ' • 2 .. -- . .. • P. . I '4 ' • a' • Ir • • . / . ..•- ,4sfk; • . . ' • . 7. • .1 ..)..:., , . . .„.,.. ,.... ‘,. . ., 111 O. I • . ..- ... • , ,'7.;. • ' • 1 - A14 i • . . . . .. . ........ ,......,. . 1 . . •0.: . . e: .. . . 1 't ''. 4 • .-.. ., . . , . , • . - ••. . ,... : , .. • 1 I 1 ...• :..•••la --A. • i . . .,. • ! :... --. - -• , ,....,,• • 1 ;."- ... , .. Iill .at 41 - 4 . , , ... u II A . ., :, ,.••• ..-,. .. .. .. # I 111111#1,• - t1.1 . 1 '.. , . • 1 1 .._. ', • , 1 .A ilia 14 , . . . . • bi 0 • .1:1 . i .4 Opt al . am . rmile 1 • " E -- I v v, • a 11 04 .. .,. , • ......,-.; ::•-,,,,,,,,•1 .. • $ • '..1 .? • . . . ., ..f . .. i• ' , , • .,:,:,.._ si 1- • ' . . - . , ,:, •i 1.:.•,. : ....;,.: ''..1`.': ,., . •I AL, . . .3.... .0 . 1 ..... . ' ..' - • . . , 3 . - .. ':•,f,,,,,,11 ,',-It •,.• ^„ .1 , - ,?: ',"'Vti 1. , .7:'....'; 4:1 • , .. . . . ' )..?!.. *...'itkii, ','.1 r. ;. ..:•. ..4 A....' . ''.1:'`fliiY.I. : !*4: ;••:%'..."''1 i.14-' ks,',' ..1 •,;',. %,-' .,s, ),,, . •.tN , •;..•., :,,,'4 1..1 tl.3*.t• I ' • ..''.:.1.. ,'...:r ...'.''' A JJI }• • ' •. • , gul.A.870 1401 0.9Z-6reifMI • . rI • i .. I :' : '''''It:::. .1 ' ...,.,. ,...-i." , •' 3 ,–!-411 ! • .1 • ;, - i ... . • '4' c • I _.o ---mow a �� 7 '..° l • :..I. ri i' 1111 fi H ..fr., 13 _y.___ liii. #.', $ • ,k B . si -0 I. " - .11 Iii . , 1 . v a wt . q a N ( ::, §1 - , - 3 ��tom . ......:!..: I. : r '.9 i- :c r, �_ 14: l f1qt.10 1!11 .. . r�' .:: immomomem... 011101111111/111, •- , ....8. . .. ,,••• , • NO - .•. . • . 4 • ' P. 0 , , • i : ..sk— :. Lz-zt•,i,gm !=oli . . . - -,.....:„1.,... . . , •,1,...• . , - -' . • .•• - .,-t ... "... .„. . . . , . , • ,. - ... .... H . 1,•.A,.... ,.....' . 1 . . A-, . •,-,...• 4 • 1 . 'I.. ..:',.'20•41 .. , . • . !*.‘ 1 . k.. • ' „,.i•. '; ; '. , f... ..' ... , ••••.;-'1 -.'• -.. ....."....____Ti . . ,.„,- . ....',,:!- •ttl.' • ' . . . . . - . ' .-',......• ' I • .. i. I • I _. .,...., - . - . . . ... i...P' • ''' 4 1 . • . i.,. % I . .1 • ' . * ' . ''A, " • . . .'.• . . _,.. '* * ff . • • ,, '.- . .....,,,,i_ 1 9.4 i 2. : •:. •........: ..,:z..... iv • ----- ' •b It , . ,,,,t. •:,.:,:-:-.': '',;* ?ti j . . .....1 il • • ci. ,' ..........1„:14:.:.;_-...,.:., ,..,. .. ...., •• II . ..1 . II . '11 I I I I 111 2 P • ,• . _ , .. -4w . ,...... • - . . ..... • - ......... .-:- . . ..• a ! t", s If . . . . .,. ,. .. :-I !.......,..:,.•; $.i. ..,,. . .. .. g 1.. .1111 • .. _ . ... .... . . . ... . . . .. .• 1. , : ., ........... ....: .0. . ..,.. ..... . I . . . . ...... ., •-•-•-: ,-- 8 3 il . ., .. - --- -- - - . , t..., ii ait354 • 1 - " - t• i - • -.- I',•,•' -..1------- -4,--1 ; ....-..”.,•••„.:'--: i ' • - . -. • • 1 -i:.,, • I . . . :-.• At'.: . t • .. ( ... . :. .. . .: .. , . . . . .t: 101 044 FACE 262 .. .,.. . . . . ....,. , - I . .. _ _• ... , -i .. 4-.... i -- t , ..- . . , . ;)........,7)!...----• 1 , I , ....:;. ,.. ...._,:,..v. 1.. ------ , 1,-....17,2?..it,;;;. Ar- ,, am ANIIIIME W 1 x.ser . �V, ' t ,":1,'•,,..0' STATE OF FLORIDA ) '+ x; ,�' ' COUNTY OF COLLIER ) `11; .. • I, JAMES C. RILES, Clark of Courts in and for the ;• .• Twentieth Judicial Circuit, Collier'County, Florida, do I : hereby certify that the foregoing is 9 g a true copy of: Ordinance No, 91-53 • V.. . '). which was adopted by the Board of County Commissioners on 7q '?. the 25th day of June, 1991, during Regular Session. II `;r:.. ` WITNESS my hand and the official seal of the Hoard of `,N, '• County Commissioners of Collier County, Florida, this 2nd -` . - • day of July, 1991. •it JAMES C. GILES Clerk of Crout3 and Clerk ' �' '•''•' .-• Ex-officio to Board of �' County Commissioners • '•: • , • By: /s/Maureen 3:enyo: Deputy Cierc ' ,,..-. te 044 Psi,-263 •d. . j'. SIGN POSTING INSTRUCTIONS (CHAPTER 8,COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs,however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails,staples,or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s)in place,and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED SHARON UMPENHOUR WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PL20170000557 Audubon Blvd Dock Extension. q. 3800 Via Del Rey SIGNATURE OF APPLICANT OR AGENT STREET OR P.O.BOX Sharon Umpenhour,Senior Planning Technician for Q. Bonita Springs,Florida 34110 Grady Minor&Associates,P.A. NAME(TYPED OR PRINTED) CITY,STATE ZIP STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this 8th day of April , 2019, by Sharon Umpenhour,personally known to me or who produced as identification and who didldid not take an oath. . dAd k/ku WAr 4c' Pke� Michelle Meunier Signature of Notary Public Notary Public,State of Florida 0 ,4 My Comm.Expires 04/27/2022 M ick+E LLE ME U NUE R 42'oF;.o0 Commission No.GG202080 Printed Name of Notary Public My Commission Expires: (Stamp with serial number) Rev.3/4/2015 ., , . - I I ' e • - 11111111111111111 w i) e _ X O Z } — a JA '. H44 z act W O W -- X1, Z U '` ti � - t 1 ',, est " `� Q ET, w C.? O LL' , W = r Oy� ;; , . usoZ z ' •a1 G CCO $ — CC o , �, k A. c © r� oa LI iv, ' C3 CC s• — > Z = i tom,.+, }_ : _ _ M LLf Q t--,) .7 O L.L. .. g _ s. • a F . t .1 w Cy t- 1 -1,41..........„2„,-:- 1rY+ O ' ` re e Ln < � = c3r� c1 s- Q * a } ,s c,r way c�a -� ' �.." I 1, = cc w 1. C7 , f N Z - * oa r cc = • ,+ .,� = d 2 w O O to Q w �. .. � . ! �J O = W r g oc Q CD J �� ¢ ;fi } uJ Z fl O W W r a H , u� — giDs - a t -.r . s ® o Q r - T.r„ a civ • ! m „4,11 pit . O. ..� # 1 Qoc` s s CO . i t:,Ian t- - i *. ..,- A, W .Ri t. k ar 9 £ A •p' ; n rt • °F +lle f aT s _ a+" # "b T ., 1' -"., - L •-' y."'-.. J ii1dt l - ,r -g a ,�,, i ..t` a r.9"1 w*11"4".; ,y.�, :�. d • r x 6 S F" '‘' ,i4et �` 16.b 4 •� i�'i�1 ''''..*A,x': ♦ --47—,. Ys` -_ ,; ,( ., �.r 7¢ �-.`meg �, ` ; ittk\ .. •��. ' p,i.'t ' tet ' " • .�". '1.1 i,.a .}'y a "+ :• ? l a*"! ��' ^4"3 `.,< °'",�#'.. 'r nr,. ; .-'r °_.--„,-z2,,,,,,,,, s..'. „y ijjt�-. • ��yy �a � #V-{R .'. 4... v, ` �i y t!A ,.--1';,i,'.,.,:"-t']aM. � tw �T�� {� '""Al�, f. * _ -. .. is . .. ,-41 ., +w * t ; �, ,', , ,.. y i +'<e' ist�� .+_v+y"x -4,_a _ '1{� h 'Y t + 1 „,,,,,q,..,....# j` P.. y- - `. !C � �� tiA ' =1�1 ^ # ...�� a���� .jt ; *2 `.�. � ,Y." '. a ori`! li # > 7.:':.11' : a s t" r7,..- ,�y.a$e =�' t - art i ,,; -" s . '! x, .r f 1 g fib. "4Q}I 7" -t .... 0 O Q �. $ a.a as tier ♦ o —+ = W r /''''':Flii t 01., i ttr c p o -....2,..--207,,--..4"."..-'- x }9Y !t �; N Y y ! iCJ c� V it .. ,,-..4 _. cc ec -* 02 _, twiri„ T �j y ,g r .� #R ../ ~ O <S S Ed to., ti. N W Rte5 R,. R -r* #"� _, \. yWC.} 7 W 4L ,.y .► .+4 � ,e jg� � t rv� � _ ay 01 ~ •u-.Y'iY �,r'' +/"4. amai CC 2 ++� �'v," Cr pwzra. muE � 't s. a,r,7"''',.-"°'��'.°� F- CC Cy �^ W_ .,g C+ G� i# r 'r "• fit : '.�. , ;}„'r, " r '�4 �^i 4 ~' `� CC `.' + ..i....0„."...,--) mo i } =1 9 x l� \s ,may C 0, 'Q _. ffi y� LL r -4 ii I G F� Cy F- 9 a-14. f VI �-� S w �► pY. inF � z > Jz = C) c.7 w'r. �.- - r Cl S O CC W c, C) Q it. ~' . .. (3 Z �y CO 6. O Z Z y[ S� (-) Qom. C} `a , , -- . "`. s 2 wct D 6 v o CL -rte x �z la - C7 W W Z CY_ J Mi.i— v „� =#t, -. rr�. '` '- n. ... W_ z � = O � O _..J � Cyt 11110 AA.4 t=, ,i-- r a .iy�..� „, ,...4 , Q .Z - o D D d C!9„ -,...., T LLi } ;\ ia. -.,..„,..,„ „..., ...... ,,............ e '+a _ f".” .Tt¢ . CS, d 1E1 11 W . ,. S . yry t7Y ►- = -4 i'~�`i'..\ ¢.s - �., ,,,, . _ . S.� [r iD u+ ..+ .... .� .--s .,...,,, Ti t - ® ® w LL coo S ® Ca a C^ } t � �D . ,,�,. * 0. W 11111. lad l` Ittli W J W2 N CC d w • • � � in � m o m d r— ¢ ti V"." "" a+ ® y D 5e + w d . ap a ��a .w_ 0 m S co M a m, ..' .,,� .� ... - � ... � to CL w a c. � .y � s "t, �" ,. t . i +"�� E - CI- W cc zc d w '` V �0 t '`-.,-. ._ + , . t -.4.„- ."I i 2 co CY G G I.LJ S Cp \'+, at �► Q. 4aramtoP- ... s r- Cv -_... t a a i * , ! ;a„A ,' te.- s !' '°'--/�..,.,„„,--,,,r ,....” ) + C y I' y A 0 vs _ ;� ' ey ' ' „,,rH,,,...:-- ,,,., , '..- ,• de • Ni. zoi ice „m. §. 1.- - "^+ti.l y * • ,,,,-;0" �" ;� .{ �` �``' �a � �"4�e �'�.4R4 i illk�„ \.p ', / it . \v." _ AxlL +r!� RI rx ' 4 i. r f ,,. � ' { ;, • �� •* Mrd" as F .,, "t ~f c. ' • tits