HEX Agenda 09/24/2020Collier County Hearing Examiner Page 1 Printed 9/16/2020
COLLIER COUNTY
Collier County Hearing Examiner
AGENDA
Growth Management Department
Conference Rooms 609/610
2800 Horseshoe Drive North
Naples, FL 34104
September 24, 2020
9: 00 AM
Andrew W. J. Dickman, Esq., AICP
Hearing Examiner
Note: 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 at
Alexandra.Casanova@colliercountyfl.gov 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.
September 2020
Collier County Hearing Examiner Page 2 Printed 9/16/2020
1. Pledge of Allegiance
2. Review of Agenda and Approval of Prior Meeting Minutes
3. Advertised Public Hearing
A. PETITION NO. BDE-PL20190002922 – Marc and Virginia Sarazin request a 24 foot boat
dock extension over the maximum 20 foot limit allowed in Section 5.03.06 of the Collier
County Land Development Code, for a total protrusion of 44 feet, to accommodate a
docking facility with two boat slips including two boat lifts for one vessel and two jet skis,
for the benefit of property described as Lot 13, Block 1, of Conner’s Vanderbilt Beach
Estates, Unit. No. 2, also described as 300 Oak Avenue, in Section 32, Township 48 South,
Range 25 East, Collier County, Florida. (Coordinator: John Kelly, Senior Planner)
B. PETITION NO. BDE-PL20200000068 – Michael T. McKenna requests a 64-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 84 feet, to accommodate a replacement boat dock facility
including a boathouse, pursuant to Section 5.03.06.F of the Collier County Land
Development Code, for the benefit of Lot 22, Isles of Capri No. 1, also described as 24
Pelican Street East, in Section 5, Township 2 South, Range 26 East, Collier County, Florida.
(Coordinator: John Kelly, Senior Planner)
C. PETITION NO. BDE-PL20190002626 – Bonnie L. White and Douglas Grant request a 19-
foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Collier
County Land Development Code for a total protrusion of 39 feet to accommodate a new
docking facility, including one boat-lift for one vessel, for the benefit of Lot 27, Bayfront
Gardens, also described as 207 Bayfront Drive, in Section 6, Township 48 South, Range 25
East, Collier County, Florida. (Coordinator: John Kelly, Senior Planner)
D. PETITION NO. VA-PL20190001921 - Titan Lane Communication Tower Maximillian
Beyrent and Eco-Site LLC request three variances from LDC Section 4.02.01 to reduce the
minimum rear yard setback for wireless communication tower equipment from 50 foot to
29 feet for the north setback, 31.2 feet for the north setback, and 23.9 feet for the north
setback for equipment cabinets, a variance from LDC Section 5.05.09 to reduce the
minimum communication tower height setback from 70 foot to 15.7 feet for the north
setback, a variance from LDC Section 4.06.05 to reduce the minimum landscape buffer
width from 20 feet to 10 feet for the north and south perimeter buffers. The property is
located at Tract G of the Sherwood Park Natural Preserve Area, in Section 34, Township 49
South, Range 36 East, Collier County, Florida. (Coordinator: James Sabo, Principal
Planner)
E. PETITION NO. MPUD PL20200000048 Baumgarten MPUD - Request for an insubstantial
change to the Baumgarten Planned Unit Development (PUD) by seeking deviations from
LDC Sections 5.05.05 B.1., 5.05.05. D.2.a., and 5.05.05. D.2.b. “Facilities with Fuel Pumps”
and LDC Sections 5.06.02.B.14, 5.06.02.B.14.a. and 5.06.02.B.14.b. “Boundary Marker
Sign,” LDC Section 5.06.04.F.2.b., “Outparcels-Ground Signs” and LDC Section 5.06.04.
F.3., “Directory Signs” and modifying previously approved Deviation #3. The subject PUD
is 55.66± acres located at the southeast quadrant of Immokalee Road and Collier
Boulevard, in Section 26, Township 48 South, Range 26 East, Collier County, Florida.
(Coordinator: Nancy Gundlach, AICP, PLA, Principal Planner)
September 2020
Collier County Hearing Examiner Page 3 Printed 9/16/2020
F. PETITION NO. CU PL20180003282 - Evangelical Free Methodist Church – Request for
Conditional Use No. 2, “Churches,” of the Residential Single Family (RSF-3) Zoning
District, as provided in Section 2.03.02.A.1.c. of the Land Development Code, to allow
redevelopment and continued use of a Church and related facilities on ±4.4 acres located at
4631 Sunset Road in Golden Gate City in Section 22, Township 49 South, Range 26 East,
Collier County, Florida. (Coordinator: Ray Bellows, AICP, Zoning Manager)
4. Other Business
5. Public Comments
6. Adjourn
09/24/2020
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.A
Item Summary: PETITION NO. BDE-PL20190002922 – Marc and Virginia Sarazin request a 24
foot boat dock extension over the maximum 20 foot limit allowed in Section 5.03.06 of the Collier
County Land Development Code, for a total protrusion of 44 feet, to accommodate a docking facility with
two boat slips including two boat lifts for one vessel and two jet skis, for the benefit of property described
as Lot 13, Block 1, of Conner’s Vanderbilt Beach Estates, Unit. No. 2, also described as 300 Oak Avenue,
in Section 32, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator: John Kelly,
Senior Planner)
Meeting Date: 09/24/2020
Prepared by:
Title: Planner – Zoning
Name: John Kelly
09/03/2020 11:37 AM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
09/03/2020 11:37 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Rose Burke Review Item Completed 09/10/2020 3:23 PM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 09/14/2020 7:09 PM
Zoning Ray Bellows Review Item Completed 09/15/2020 1:27 PM
Zoning Anita Jenkins Review Item Completed 09/16/2020 8:43 AM
Hearing Examiner Andrew Dickman Meeting Pending 09/24/2020 9:00 AM
3.A
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August 31, 2020
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: SEPTEMBER 24, 2020
SUBJECT: BDE-PL20190002922, 300 OAK AVENUE, SARAZIN DOCK
_________________________________________________________________________
PROPERTY OWNER/AGENT:
Owner/Applicant: Agent:
Marc Daniel and Virginia Marie Sarazin
300 Oak Avenue
Jeff Rogers
Turrell, Hall and Associates, Inc.
Naples, FL 34108 3584 Exchange Avenue
Naples, FL 34104
REQUESTED ACTION:
The petitioner requests a 24-foot boat dock extension, over the maximum permitted protrusion of
20 feet allowed by Section 5.03.06 of the LDC for waterways greater than 100 feet in width, for a
total protrusion of 44 feet to accommodate a docking facility with two boat slips including two
boat lifts for one vessel and two jet skis for the benefit of the subject property.
GEOGRAPHIC LOCATION:
The subject property is located at 300 Oak Avenue, further described as Lot 13, Block 1, of
Conner’s Vanderbilt Beach Estates, Unit No. 2, in Section 32, Township 48 South, Range 25 East.
Collier County, Florida. (See location map on the following page)
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3.A.aPacket Pg. 6Attachment: Staff Report BDE-PL20190002922 - 083120 (13467 : PL20190002922 BDE 300 Oak Ave)
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SURROUNDING LAND USE & ZONING:
North: Oak Avenue (Right-of-Way) then Single-family dwelling, Residential Single-
Family-3 District (RSF-3)
East: Single-family dwelling, Residential Single-Family-3 District (RSF-3)
South: Vanderbilt Lagoon waterway
West: Single-family dwelling, Residential Single-Family-3 District (RSF-3)
Aerial – Collier County GIS
PURPOSE/DESCRIPTION OF PROJECT:
The subject 0.22-acre property is located within a Residential-Single Family – 3 (RSF-3) zoning
district and supports a single-family dwelling. The applicant desires to remove the existing dock
and boathouse to allow for the construction of a new seawall. The new dock facility has been
designed to incorporate two slips, each with a boat lift; one to accommodate a maximum 38-foot
vessel and the other is for two personal watercrafts (jet skis). A boat lift canopy is mentioned
within the subject application; however, such a canopy must be pursued by means of a separate
process and is therefore not a part of this petition.
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August 31, 2020
A Sketch of Boundary Survey dated 01/11/2018 was provided and demonstrates the property
comprises 75 feet of water frontage. Section 5.03.06.E.5 of the LDC requires a side/riparian
setback of 15-feet for properties with a water frontage of 60-feet or greater. As per the provided
“Proposed Site Plan,” Sheet 03 of 07, the proposed dock facility will be 45 feet wide and will
maintain a 15-foot setback on each side. Additionally, said sheet demonstrates the dock facility
will protrude 44 feet into the waterway as measured from the property line. Staff notes that the
new seawall is to be constructed slightly seaward of the property line which, per LDC Section
5.03.06.C.1, becomes the most restrictive point for purposes of measuring protrusion. Plans Sheet
07 of 07, Width of Waterway, demonstrates a waterway width of 750 feet at the subject location.
As per LDC Section 5.03.06.E.1, dock facilities on canals or waterways 100 feet or greater in
width are limited to a protrusion of 20 feet thereby necessitating the subject 20-foot BDE to allow
for permitting of the proposed dock facility with a maximum dock and vessel (combination)
protrusion of 44 feet. The total overwater structure is estimated to be 1,134 square feet.
ENVIRONMENTAL EVALUATION:
Environmental Planning Staff has reviewed this petition and has no objection to the granting of
this request. The property is located adjacent to Vanderbilt Lagoon. The proposed docking facility
will replace an existing dock facility. The proposed docking facility will be constructed waterward
of the existing seawall. The shoreline does not contain native vegetation. A submerged resources
survey provided by the applicant found no submerged resources in the area 200 feet beyond the
proposed docking facility. Exhibit sheet 5 of 7 provides an aerial with a note stating that no
seagrasses were observed within 200 feet. This project does not require an Environmental
Advisory Council Board (EAC) review, because this project did not meet the EAC scope of land
development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193
of the Collier County Code of Laws and Ordinances.
STAFF ANALYSIS:
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 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 per dwelling unit; in the case of
unbridged barrier island docks, additional slips may be appropriate.)
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Criterion met. The subject property is located within an RSF-3 zoning district and
supports a single-family dwelling for which the LDC allows two boat slips. The proposed
project consists of authorizing a single dock facility with two boatlifts, one to accommodate
a vessel of up to 32-feet and the other two PWC.
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. Water depth is not the primary factor driving the subject BDE. This
BDE is being sought due to the size of vessel and number of PWC. The applicant’s
shoreline is 75-feet, which is reduced by 30-feet to comply with setbacks. The applicant’s
design professional indicates that the only dock design option to accommodate the vessel
and PWC is to push the dock out into the waterway. The proposed dock design and
proposed protrusion are consistent with the other docks previously approved along this
shoreline and within the Vanderbilt Lagoon waterway. The applicant further notes that this
section of Vanderbilt Lagoon is the widest section of the bay with the least amount of
through navigation as the subject property is located toward the southernmost end of the
lagoon.
3. Whether the proposed dock facility may have an adverse impact on navigation
within an adjacent marked or charted navigable channel . (The facility should not
intrude into any marked or charted navigable channel thus impeding vessel traffic in
the channel.)
Criterion met. The proposed docking facility is consistent with the other docks along the
subject shoreline. There are no marked channels within this area of Vanderbilt Lagoon and
the waterway is approximately 750 feet wide; therefore, navigation within the subject
waterway will not be impacted.
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 approximate waterway width is 750-feet wide. The requested total
dock protrusion is 41-feet which is under 6% of the width of the waterway.
5. Whether the proposed location and design of the dock facility is such that the facility
would not interfere with the use of neighboring docks. (The facility should not
interfere with the use of legally permitted neighboring docks.)
Criterion met. The existing dock facility satisfies the required side yard/riparian line
setbacks of 15-feet for dock facilities on lots of 60-feet or more in width. Neighboring
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properties have the same setback requirements, therefore, there should be 30-feet between
dock facilities which is consistent for the area.
Secondary Criteria
1. Whether there are special conditions not involving water depth, related to the subject
property or waterway, which justify the proposed dimensions and location of the
proposed dock facility. (There must be at least one special condition related to the
property; these may include type of shoreline reinforcement, shoreline configuration,
mangrove growth, or seagrass beds.)
Criterion met. The applicant represents that two factors led to the proposed dock layout
and protrusion into the subject waterway with which staff tends to agree. The applicant
states the following:
“One of these factors is the subject property’s shoreline length not providing sufficient
backing distance for a shore parallel mooring like the existing docking facility which is for
a smaller vessel. The typically {SIC} design backing distance is length and half of the
vessel size utilizing the slip therefore we would need to provide 57-feet. If the applicant
built a shore parallel dock and the neighbor built a dock at the 15-foot setback, there is a
potential that the two docks could interfere with each other. That design requirement and
planning for what the neighbors might do or be allowed to do in the future could reduce
the accessibility to a shore parallel slip.” By proposing perpendicular mooring, the dock
and vessel access can all be accomplished within the applicant’s riparian area and will not
interfere with any of the neighbor’s future plans.
The second factor is the existing seawall is original to the property development and at the
end of its lifespan. It must be replaced in order to maintain the upland property and
residence. Due to the existing upland structures being located so close to the seawall and
on top of the deadmen, the most viable option to replace the seawall is to install a new
seawall in front of the old seawall. Per the Florida Department of Environmental Protection
(FDEP) this must be done within 15” of the face of the old wall. Based on these existing
site conditions and the fact that the property line is the most restrictive point of
measurement, the extension proposed takes into account the old and new seawall widths
from the property line (about 3 feet), a walkway/buffer between the front of the vessel
(about 2-foot). With all these design criteria taken into consideration and the applicant’s
vessel size being 32-foot overall the minimum protrusion without any buffer room would
be approximately 37.8-feet. As a cautionary design option, we always add a little extra
buffer for operator error as well as some room on the stern to ensure the vessel will not
overhang the maximum proposed protrusion measurement of 40-feet from the property
line.
Based off these two factors the only valid design option was to go perpendicular to the
seawall. Especially since the subject waterway is very wide and the proposed dock will not
protrude anywhere near 25% of the width of the subject waterway, will not create
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August 31, 2020
navigational issues for other boaters, and will be consistent with other existing docking
facilities with Vanderbilt Lagoon.”
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 docking facility varies in width with the main access
walkways being 8-foot, 6-foot, and 5-foot wide as each walkway provides access to the
proposed boatlifts. The proposed dock is consistent with adjacent docking facilities and
will provide enough space for recreational activities as well as access to each vessel for
regular use and on-site routine maintenance.
3. For single-family dock facilities, whether the length of the vessel, or vessels in
combination, described by the petitioner, exceeds 50 percent of the subject property’s
linear waterfront footage. (The applicable maximum percentage should be
maintained.)
Criterion not met. The size of vessels and PWCs proposed to be docked at this facility
range in size from 12-feet to 38-feet in length. Based upon the vessels length the applicant
will exceed the allowed 50-percent of the property’s linear shoreline.
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 replace an existing dock and boathouse and
is consistent with the dock facilities on surrounding properties. The subject dock and lift
satisfy the required yard and riparian setbacks therefore no new impacts to neighboring
property views of the waterway will result.
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. There are no seagrass beds present on the property nor the neighboring
properties within 200-feet of the existing dock structure.
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.
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August 31, 2020
Staff analysis finds that this request meets four of the five primary criteria. Regarding the six
secondary criteria, criterion six is not applicable, and said request meets four of the remaining five
secondary criteria.
APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS:
As to any boat dock extension petition upon which the Hearing Examiner takes action, an
aggrieved petitioner, or adversely affected property owner, may appeal such final action to the
Board of County Commissioners. Such appeal shall be filed with the Growth Management
Department Administrator within 30 days of the Decision by the Hearing Examiner. In the event
that the petition has been approved by the Hearing Examiner, the applicant shall be advised that
he/she proceeds with construction at his/her own risk during this 30-day period. Any construction
work completed ahead of the approval shall be at their own risk.
RECOMMENDATION:
Based on the above findings, staff recommends that the Hearing Examiner approve Petition
BDE-PL20190002922 in accordance with the “Proposed Site Plan,” identified as Sheet No. 03 of
07, provided within Attachment A.
Attachments:
A. Staff Exhibits – Plans, Survey, and Posting
B. Applicant’s Backup, including Application
3.A.a
Packet Pg. 12 Attachment: Staff Report BDE-PL20190002922 - 083120 (13467 : PL20190002922 BDE 300 Oak Ave)
STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 26.257125<> LONGITUDE:W 81.820159SITE ADDRESS:<> 300 OAK AVENAPLES, FL 34108Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19133.00 sarazin seawall-300 oak avenue\CAD\PERMIT-COUNTY\19133-BDE.dwg LOCATION 8/25/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ08-05-2019133.00RMJ3225SARAZIN DOCKLOCATION MAP48----08-26-20----JR----SHEETS 03, 05-07----01 OF 07COLLIER COUNTYCOLLIER COUNTY)7.(1(/':+%1)7.(1(/':+%18588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTY3.A.bPacket Pg. 13Attachment: Attacxhment A - Plans, Survey and Posting (13467 : PL20190002922 BDE 300 Oak Ave)
NESW0153060SCALE IN FEETSITE ADDRESS:,300 OAK AVENAPLESFL34108Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19133.00 sarazin seawall-300 oak avenue\CAD\PERMIT-COUNTY\19133-BDE.dwg EX AERIAL 8/25/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ08-05-2019133.00-3225SARAZIN DOCKEXISTING AERIAL48-------------------02 OF 07·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"BENCHMARK LAND SERVICES"01-11-18-1.31'+0.30'75'904750'75'126'126'75'SUBJECT PROPERTYRIPARIAN LINERIPARIAN LINESETBACKRIPARIAN LINEEXISTINGSEAWALL& DOCK15'15'3.A.bPacket Pg. 14Attachment: Attacxhment A - Plans, Survey and Posting (13467 : PL20190002922 BDE 300 Oak Ave)
NESW051020SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19133.00 sarazin seawall-300 oak avenue\CAD\PERMIT-COUNTY\19133-BDE.dwg PROP DOCK 8/25/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ08-05-2019133.00RMJ3225SARAZIN DOCKPROPOSED SITE PLAN48----08-26-20----JR----REVISED DOCK----03 OF 07RIPARIAN LINERIPARIANSETBACKLINERIPARIANSETBACK LINERIPARIANLINE14'X14'LIFT12.5'X12.5'DECKEDOVER LIFTNEW FIXEDDOCK12.5'8'6'5'34'EXISTINGSEAWALLPROPERTYBOUNDARY75'25'41'12.5'44'11'15'NEWSEAWALL14'·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"BENCHMARK LAND SERVICES"01-11-18-1.31'+0.30'75'904750'1,1341,13444'AA0441'(2) 10"GUIDEPILES38' LOA17'20'31'15'2'13'3.A.bPacket Pg. 15Attachment: Attacxhment A - Plans, Survey and Posting (13467 : PL20190002922 BDE 300 Oak Ave)
Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19133.00 sarazin seawall-300 oak avenue\CAD\PERMIT-COUNTY\19133-BDE.dwg SECTION (DOCK) 8/25/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ08-05-2019133.00-3225SARAZIN DOCKSECTION AA - DOCK48-------------------04 OF 07NEW DOCK3.55' XN.T.E. 10'STRINGERCAPTIMBERALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATE.DOCK SECTION AASCALE: 1" = 5'MHW = +0.30' NAVD 88MLW = -1.31' NAVD 884.13' XNEW CONCRETESEAWALL CAP44' PROTRUSION FROM PROPERTY LINE14' BOATLIFT3.25'41' DOCK3.A.bPacket Pg. 16Attachment: Attacxhment A - Plans, Survey and Posting (13467 : PL20190002922 BDE 300 Oak Ave)
NESW02550100SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19133.00 sarazin seawall-300 oak avenue\CAD\PERMIT-COUNTY\19133-BDE.dwg SUBMERGED 8/25/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ08-05-2019133.00RMJ3225SARAZIN DOCKSUBMERGED RESOURCE SURVEY48----08-26-20----JR----REVISED DOCK----05 OF 07TYPICAL DIVE TRANSECTSITE ADDRESS:,300 OAK AVENAPLESFL3410810'200'200'NO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200 FT OF THEPROPOSED PROJECT.PROPERTYBOUNDARY3.A.bPacket Pg. 17Attachment: Attacxhment A - Plans, Survey and Posting (13467 : PL20190002922 BDE 300 Oak Ave)
NESW050100200SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19133.00 sarazin seawall-300 oak avenue\CAD\PERMIT-COUNTY\19133-BDE.dwg ADJACENT 8/25/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ08-05-2019133.00RMJ3225SARAZIN DOCKADJACENT DOCKS48----08-26-20----JR----REVISED DOCK----06 OF 0744'25'21'38'35'36'38'9'18'21'24'PROPERTYBOUNDARY3.A.bPacket Pg. 18Attachment: Attacxhment A - Plans, Survey and Posting (13467 : PL20190002922 BDE 300 Oak Ave)
NESW0100200400SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19133.00 sarazin seawall-300 oak avenue\CAD\PERMIT-COUNTY\19133-BDE.dwg WOW 8/25/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ08-05-2019133.00RMJ3225SARAZIN DOCKWIDTH OF WATERWAY48----08-26-20----JR----REVISED DOCK----07 OF 07PROPERTYBOUNDARY750'3.A.bPacket Pg. 19Attachment: Attacxhment A - Plans, Survey and Posting (13467 : PL20190002922 BDE 300 Oak Ave)
3.A.bPacket Pg. 20Attachment: Attacxhment A - Plans, Survey and Posting (13467 : PL20190002922 BDE 300 Oak Ave)
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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.)
The subject property is zoned as a single-family residential property which
warrants no more than 2 slips per the CC-LDC. The proposed project consists of
one dock with two boatlifts to accommodate one vessel up to 38-feet and two PWC.
The proposed dock extends out 44-feet from the plotted property line therefore we
are requesting a 24-foot boat dock extension from the allowed 20-feet.
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.)
The reason for this BDE request is due to the applicant’s vessel size along with two
PWC’s and not water depths. The applicant owned shoreline length is 75-feet and
with 30-feet being within setbacks the only dock design option in order to
accommodate the applicant’s vessels is to push the dock out into the waterway. The
proposed dock design and proposed protrusions are consistent with all the other
docks previously approved along this shoreline and within the Vanderbilt Lagoon
waterway. Also this section of Vanderbilt Lagoon is the widest section of the bay
with the least amount of any through navigation as the subject property is located
toward the most southern end of the lagoon.
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.)
The proposed docking facility is consistent with the other docks along the subject
shoreline. As proposed the dock and boatlift will not impact navigation as there is
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no marked channel within this area of Vanderbilt Lagoon and the overall width of
waterway is 750-feet across from the proposed docking facility. As proposed the
dock will not impact navigation within subject waterway.
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.)
The approximate waterway width is 750-feet wide. The proposed dock protrusion
from the MHWL is 41-feet which is under 6% width of the waterway.
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.)
The proposed docking facility originates from the applicant’s upland single-family
residential lot with an existing single-family residence. There is an existing dock
and boathouse on site and the proposed dock and boathouse are within the
applicant’s riparian area and meets the required side yard setbacks therefore will
not result in any impacts to the neighboring views.
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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.)
The subject property has a few special conditions that have limited the overall
proposed dock layout which has increased the proposed dock protrusion out into
the subject waterway. One of these factors is the subject property’s shoreline length
not providing sufficient backing distances for a shore parallel mooring like the
existing docking facility. The typically design backing distance is length and half of
the vessel size utilizing the slip therefore we would need to provide 57-feet. That
design requirement and planning for what the neighbors might do or be allowed to
do in the future could reduce the accessibility to a shore parallel slip.
The second factor is the existing seawall is original and must be replaced in order to
maintain the upland residence. Due to the existing upland structures being located
so close to the seawall and on top of the deadmen the only option to replace the
seawall is to install a new seawall in front of the old seawall approximately 18”
which is one option the State Department of Environmental Protection (DEP) will
allow. Based off these existing site conditions the proposed seawall design and new
dock will have to be constructed in front of the new seawall which pushes the dock
out approximately 32” out from the most restrictive point being the property line.
Additionally, in order to provide safe mooring for the proposed vessel and not
impact the seawall a small 3-foot section of dock is being proposed at the bow of the
vessel for a buffer between the boat and seawall. With all these design criteria taken
into consideration and the applicant’s vessel size being 38-foot overall the minimum
protrusion without some extra buffer room would be approximately 40-feet but as a
cautionary design option we always add a little extra buffer for operator error as
well as some room on the stern to ensure the vessel will not overhang the proposed
protrusion measurement of 44-feet from the property line.
Another special condition is that the subject shoreline and surrounding waterway is
classified by the State of Florida - Department of Environmental Protection (DEP)
as state lands. Due to this classification the state has more restrictive dock design
criteria one of which is the required 25-foot side yard setback. The subject property
only has 75-feet of shoreline and with the applicant’s vessels and the width of the
subject waterway the only practical design option was to propose the dock and slip
to be perpendicular to the shoreline as paralleling mooring would not provide
enough area to construct a dock that would accommodate two boatlifts. Based off
this the only valid design option was to go perpendicular as the subject waterway
provides enough width to be within the allowed 25% of the subject waterway, not
create navigational issues for other boaters and be consistent with other existing
docking facilities within Vanderbilt Lagoon.
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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.)
The proposed docking facility varies in width with the main access walkways being
8-foot, 6-foot, and 5-foot wide as each walkway provides access to the two proposed
boat-lifts. An additional driving factor on the dock widths was the fact the
applicant has a family member who uses a wheelchair who will be utilizing the dock
for and access to the boat which the design had to consider. As designed this dock is
still consistent with the other existing docking facilities within the Vanderbilt
Lagoon waterway and will also provide enough space for recreational activities as
well as access to each vessel and enough area for maintenance of the vessels on-site.
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.)
The proposed vessels size to be kept on-site range from 12-feet to 38-feet long.
Based on the vessels length the applicant will exceed the allowed 50% of the subject
property’s linear shoreline, therefore this criterion is not met.
4. Whether or not the proposed facility would have a major impact on the waterfront view
of neighboring waterfront property owners. (The facility should not have a major impact
on the view of either property owner.)
There is an existing dock and boathouse already onsite which the proposed dock
and boat-lift canopy will change the overall footprint but is consistent with others
within the Vanderbilt Lagoon waterway. Therefore, no impacts to neighboring
property views of the waterway will result from the proposed 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.)
There are no seagrass beds present on the property nor the neighboring properties
within 200’ of the existing dock structure
6. Whether or not the proposed dock facility is subject to the manatee protection
requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection
5.03.06.E.11 must be demonstrated.)
The proposed work is for a single-family docking facility and therefore not subject
to Manatee Protection Requirements
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STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 26.257125<> LONGITUDE:W 81.820159SITE ADDRESS:<> 300 OAK AVENAPLES, FL 34108Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19133.00 sarazin seawall-300 oak avenue\CAD\PERMIT-COUNTY\19133-BDE.dwg LOCATION 8/25/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ08-05-2019133.00RMJ3225SARAZIN DOCKLOCATION MAP48----08-26-20----JR----SHEETS 03, 05-07----01 OF 07COLLIER COUNTYCOLLIER COUNTY)7.(1(/':+%1)7.(1(/':+%18588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTY3.A.cPacket Pg. 38Attachment: Attachment B - Complete BDE Back Up Materials (13467 : PL20190002922 BDE 300 Oak Ave)
NESW0153060SCALE IN FEETSITE ADDRESS:,300 OAK AVENAPLESFL34108Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19133.00 sarazin seawall-300 oak avenue\CAD\PERMIT-COUNTY\19133-BDE.dwg EX AERIAL 8/25/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ08-05-2019133.00-3225SARAZIN DOCKEXISTING AERIAL48-------------------02 OF 07·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"BENCHMARK LAND SERVICES"01-11-18-1.31'+0.30'75'904750'75'126'126'75'SUBJECT PROPERTYRIPARIAN LINERIPARIAN LINESETBACKRIPARIAN LINEEXISTINGSEAWALL& DOCK15'15'3.A.cPacket Pg. 39Attachment: Attachment B - Complete BDE Back Up Materials (13467 : PL20190002922 BDE 300 Oak Ave)
NESW051020SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19133.00 sarazin seawall-300 oak avenue\CAD\PERMIT-COUNTY\19133-BDE.dwg PROP DOCK 8/25/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ08-05-2019133.00RMJ3225SARAZIN DOCKPROPOSED SITE PLAN48----08-26-20----JR----REVISED DOCK----03 OF 07RIPARIAN LINERIPARIANSETBACKLINERIPARIANSETBACK LINERIPARIANLINE14'X14'LIFT12.5'X12.5'DECKEDOVER LIFTNEW FIXEDDOCK12.5'8'6'5'34'EXISTINGSEAWALLPROPERTYBOUNDARY75'25'41'12.5'44'11'15'NEWSEAWALL14'·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"BENCHMARK LAND SERVICES"01-11-18-1.31'+0.30'75'904750'1,1341,13444'AA0441'(2) 10"GUIDEPILES38' LOA17'20'31'15'2'13'3.A.cPacket Pg. 40Attachment: Attachment B - Complete BDE Back Up Materials (13467 : PL20190002922 BDE 300 Oak Ave)
Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19133.00 sarazin seawall-300 oak avenue\CAD\PERMIT-COUNTY\19133-BDE.dwg SECTION (DOCK) 8/25/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ08-05-2019133.00-3225SARAZIN DOCKSECTION AA - DOCK48-------------------04 OF 07NEW DOCK3.55' XN.T.E. 10'STRINGERCAPTIMBERALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATE.DOCK SECTION AASCALE: 1" = 5'MHW = +0.30' NAVD 88MLW = -1.31' NAVD 884.13' XNEW CONCRETESEAWALL CAP44' PROTRUSION FROM PROPERTY LINE14' BOATLIFT3.25'41' DOCK3.A.cPacket Pg. 41Attachment: Attachment B - Complete BDE Back Up Materials (13467 : PL20190002922 BDE 300 Oak Ave)
NESW02550100SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19133.00 sarazin seawall-300 oak avenue\CAD\PERMIT-COUNTY\19133-BDE.dwg SUBMERGED 8/25/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ08-05-2019133.00RMJ3225SARAZIN DOCKSUBMERGED RESOURCE SURVEY48----08-26-20----JR----REVISED DOCK----05 OF 07TYPICAL DIVE TRANSECTSITE ADDRESS:,300 OAK AVENAPLESFL3410810'200'200'NO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200 FT OF THEPROPOSED PROJECT.PROPERTYBOUNDARY3.A.cPacket Pg. 42Attachment: Attachment B - Complete BDE Back Up Materials (13467 : PL20190002922 BDE 300 Oak Ave)
NESW050100200SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19133.00 sarazin seawall-300 oak avenue\CAD\PERMIT-COUNTY\19133-BDE.dwg ADJACENT 8/25/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ08-05-2019133.00RMJ3225SARAZIN DOCKADJACENT DOCKS48----08-26-20----JR----REVISED DOCK----06 OF 0744'25'21'38'35'36'38'9'18'21'24'PROPERTYBOUNDARY3.A.cPacket Pg. 43Attachment: Attachment B - Complete BDE Back Up Materials (13467 : PL20190002922 BDE 300 Oak Ave)
NESW0100200400SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19133.00 sarazin seawall-300 oak avenue\CAD\PERMIT-COUNTY\19133-BDE.dwg WOW 8/25/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ08-05-2019133.00RMJ3225SARAZIN DOCKWIDTH OF WATERWAY48----08-26-20----JR----REVISED DOCK----07 OF 07PROPERTYBOUNDARY750'3.A.cPacket Pg. 44Attachment: Attachment B - Complete BDE Back Up Materials (13467 : PL20190002922 BDE 300 Oak Ave)
3.A.cPacket Pg. 45Attachment: Attachment B - Complete BDE Back Up Materials (13467 : PL20190002922 BDE 300 Oak Ave)
SARAZIN RESIDENCE
300 OAK AVE
NAPLES, FL 34108
SUBMERGED RESOURCE SURVEY
OCTOBER 13, 2019
PREPARED BY:
TURRELL, HALL & ASSOCIATES, INC
3584 EXCHANGE AVENUE, STE B
NAPLES, FL 34104
3.A.c
Packet Pg. 46 Attachment: Attachment B - Complete BDE Back Up Materials (13467 : PL20190002922 BDE 300 Oak Ave)
SARAZIN RESIDENCE
SUBMERGED RESOURCE SURVEY
OCTOBER 13, 2019
Page 1 of 4
1.0 INTRODUCTION
The Sarazin residence and associated proposed docking facility is located at 300 Oak
Ave, identified by Parcel Number 27581240003. The property is located off Oak Ave
just north of Vanderbilt Beach Road, bound to the west by a single-family residential
home, bound to the east by another single-family residential home, and bound to the
south by Vanderbilt Lagoon. The property is located in Section 32, Township 48 South,
and Range 25 East. The upland portion of the property is a single-family residence.
Turrell, Hall & Associates was contracted to provide environmental permitting services
and one aspect is the associated Submerged Resource Survey (SRS). This survey
provides planning and review assistance to both owners and agency reviewers in regard
to the proposed project. The proposed project consists of constructing a single-family
docking facility within a man-altered waterway off Vanderbilt Lagoon.
The SRS survey was conducted on October 13, 2019. Light southeast winds, mostly
clear skies, and a mid-tide resulted in visible access to the entire project area. Surface
water conditions on this day were calm which also helped to provide fair environmental
conditions for the survey. The water temperature was 80°F. Low tide occurred at 9:12
A.M (0.7’) and high tide occurred at 3:43 P.M (1.9’) 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 200-feet of the project area. The survey provided onsite
environmental information to help determine if the proposed project would impact any
existing submerged resources and if so would assist in reconfiguring the proposed dock
in order to minimize any impacts. If seagrasses are present within the project area it then
needs to be determined if the seagrass beds are small in size or if they are part of a large
seagrass bed. The general scope of work performed at the site is summarized below.
• Turrell, Hall & Associates personnel conducted a site visit and I snorkeled these
transects within the proposed project basin and verified the location of any
submerged resources.
• Turrell, Hall & Associates personnel identified submerged resources at the site,
estimated the % of coverage, and delineated the approximate limits of any
submerged resources observed.
• Turrell, Hall & Associates personnel delineated limits via a handheld GPS
(Garmin Model 76csx).
3.A.c
Packet Pg. 47 Attachment: Attachment B - Complete BDE Back Up Materials (13467 : PL20190002922 BDE 300 Oak Ave)
SARAZIN RESIDENCE
SUBMERGED RESOURCE SURVEY
OCTOBER 13, 2019
Page 2 of 4
3.0 METHODOLOGY
Turrell, Hall & Associates biologists intentionally designed the methodology of the SRS
to cover the entire property shoreline for the proposed dock installation and expand out to
200-feet from the project area as required by the CC-LDC. The components for this
survey included:
● Review of aerial photography of survey area
● Establish survey transects lines overlaid onto aerials
● Physically swim transects, GPS locate limits of submerged resources, and
determine approximate percent of coverage
● Document and photograph all findings
The surveyed area was evaluated systematically by following the established transects
spaced approximately 10-feet apart within the proposed dock footprint as shown on the
attached exhibit. The survey was expanded out 200-feet from the proposed docking
facility in order to verify no other resources were within the surrounding waterway. The
neighboring properties have existing docks which helped to provide easily identifiable
reference markers, such as dock piles which assisted in locating transects and keeping
them consistent throughout most of the survey area.
Two biologists swam these transects using snorkel equipment within the surveyed area
and the other individual assisted with compiling notes and documenting findings on
aerials. Located submerged resources were photographed, the approximate percent of
coverage was quantified, and the location was delineated on an aerial photo as well as
confirmed via handheld GPS (Garmin Model 72H). The biologists used a half meter
square quadrant further broken into sections by cordage to make seagrass coverage
estimates easier.
4.0 RESULTS
The substrate found within the surveyed area included only one distinct classification:
silt/muck material with a little shell debris throughout the entire surveyed area. There
was also scattered oyster debris along the property seawall shoreline also were all the
barnacle growth was mostly located. The shoreline consisted of a concrete seawall and
scattered rip-rap both of which provide habitat for numerous fish, crabs, barnacles, and
oysters growing on and around the seawall. The entire survey area exhibited a silt/muck
bottom that was devoid of any aquatic vegetation growth or any types of submerged
resources. The lack of any submerged resources is most likely due to the overall water
quality within Vanderbilt Lagoon as well as the water clarity not allowing much sunlight
penetration. This was most evident in the deeper water depths.
3.A.c
Packet Pg. 48 Attachment: Attachment B - Complete BDE Back Up Materials (13467 : PL20190002922 BDE 300 Oak Ave)
SARAZIN RESIDENCE
SUBMERGED RESOURCE SURVEY
OCTOBER 13, 2019
Page 3 of 4
Various filamentous algae and macro algae were observed and documented growing
along the bottom sediments throughout the survey area. Also observed were numerous
fish species during the survey and a list of these species has been prepared and is
provided below as Table 1.
Table 1 – Observed Fish Species
5.0 CONCLUSIONS
The submerged resource survey was completed for the entire subject property shoreline
and expanded out 200-feet from the project site which yielded few findings and limited
natural resources. Barnacles were the only natural resources observed which were
growing on the face of the seawall and on the existing dock piles.
Negative impacts to submerged resources are not expected with the proposed docking
facility installation.
Common Name Scientific Name
mangrove snapper Lutjanus griseus
sheepshead Archosargus probatocephalus
striped mullet Mugil cephalus
snook Centrompus undecimalis
jack crevalle Caranx hippos
3.A.c
Packet Pg. 49 Attachment: Attachment B - Complete BDE Back Up Materials (13467 : PL20190002922 BDE 300 Oak Ave)
SARAZIN RESIDENCE
SUBMERGED RESOURCE SURVEY
OCTOBER 13, 2019
Page 4 of 4
Barnacle growth along seawall and on existing dock piles
Muck/silt substrate
3.A.c
Packet Pg. 50 Attachment: Attachment B - Complete BDE Back Up Materials (13467 : PL20190002922 BDE 300 Oak Ave)
3.A.d
Packet Pg. 51 Attachment: Hybrid Hearing Waiver (13467 : PL20190002922 BDE 300 Oak Ave)
09/24/2020
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.B
Item Summary: PETITION NO. BDE-PL20200000068 – Michael T. McKenna requests a 64-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 84 feet, to accommodate a replacement boat dock facility including a
boathouse, pursuant to Section 5.03.06.F of the Collier County Land Development Code, for the benefit
of Lot 22, Isles of Capri No. 1, also described as 24 Pelican Street East, in Section 5, Township 2 South,
Range 26 East, Collier County, Florida. (Coordinator: John Kelly, Senior Planner)
Meeting Date: 09/24/2020
Prepared by:
Title: Planner – Zoning
Name: John Kelly
09/03/2020 11:46 AM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
09/03/2020 11:46 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Rose Burke Review Item Completed 09/10/2020 3:32 PM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 09/14/2020 7:12 PM
Zoning Ray Bellows Review Item Completed 09/15/2020 1:30 PM
Zoning Anita Jenkins Review Item Completed 09/16/2020 8:44 AM
Hearing Examiner Andrew Dickman Meeting Pending 09/24/2020 9:00 AM
3.B
Packet Pg. 52
BDE PL20200000068 – 24 Pelican St E Page 1 of 9
September 1, 2020
MEMORANDUM
TO: COLLIER COUNTY HEARING EXAMINER
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: SEPTEMBER 24, 2020
SUBJECT: BDE-PL20200000068; 24 PELICAN STREET EAST
PROPERTY OWNER/AGENT:
Owner/Applicant: Agent:
Michael McKenna Jeff Rogers
24 Pelican Street East Turrell, Hall & Associates, Inc.
Naples, FL 34113 3584 Exchange Avenue
Naples, FL 34104
REQUESTED ACTION:
The applicant is requesting a 64-foot boat dock extension (BDE) over the maximum 20 feet
allowed by Section 5.03.06.E of the Collier County Land Development Code (LDC), for a total
protrusion of 84 feet, to accommodate a replacement boat dock facility including a boathouse,
pursuant to Section 5.03.06.F of the LDC, for the benefit of the subject property.
GEOGRAPHIC LOCATION:
The subject property is located at 24 Pelican Street East, further described as Lot 22, Isles of Capri
No. 1, in Section 5, Township 2 South, Range 26 East of Collier County, Florida. Folio No.
52340840004. (See location map on the following page)
PURPOSE/DESCRIPTION OF PROJECT:
The subject property is located within a Residential Single-Family-4 (RSF-4) zoning district and
comprises 0.2 acres; improvements include a single-family dwelling. The applicant desires to
replace an existing non-conforming boat dock facility, including a boathouse, that was
substantially destroyed in 2017 by Hurricane Irma and to add a boat lift to the single boat slip
while maintaining the pre-existing footprint of the facility. The subject property has 75-feet of
shoreline and the waterway width at this location is approximately 833 feet. LDC Section
9.03.03.B.2.a provides relief for legal nonconforming docks and boathouses that are damaged by
3.B.a
Packet Pg. 53 Attachment: BDE-PL20200000068 - 24 Pelican St E - Staff Report 090120 (13469 : PL20200000068 BDE 24 Pelican Street East)
BDE PL20200000068 – 24 Pelican St E Page 2 of 9
September 1, 2020
3.B.aPacket Pg. 54Attachment: BDE-PL20200000068 - 24 Pelican St E - Staff Report 090120 (13469 : PL20200000068 BDE 24
BDE PL20200000068 – 24 Pelican St E Page 3 of 9
September 1, 2020
any means; however, in this case, the applicant desires to add a new boat lift which voids any such
legal non-conforming status. The subject BDE is intended to bring the dock facility into full
compliance with all elements of the LDC.
The new dock facility and boathouse are to be constructed in accordance with Site Plan sheets 04
and 05 of 09 as they appear in Attachment A. As per LDC Section 5.03.06.E.1, lots on canals or
waterways that are 100 feet or greater in width shall not protrude more that 20-feet into the
waterway. A Specific Purpose Survey dated April 28, 2019, reveals the Property Line to be the
most restrictive point for the purposes of measuring dock protrusion. The proposed dock facility
will protrude 64 feet beyond the allowable 20-feet for a total protrusion of 84-feet as measured
from the property line. Said dock facility will support a single boat slip with boatlift to
accommodate up to a 25-foot vessel. Section 5.03.06.E.5 of the LDC states that the side
yard/riparian setback for dock facilities on lots with water frontage of 60-feet or greater is 15-feet;
The referenced site plans demonstrate satisfaction of said setbacks.
The proposed 10-foot by 18-foot boathouse will be 15-feet in height and is to be used for the
storage of smaller boats, watercraft and equipment that is accessory to boats and watercraft.
Standards for boathouses and roofed structures build upon docks are contained within LDC Section
5.03.06.F. Staff notes that the maximum protrusion for boathouses is 20-feet; however, the subject
BDE serves to allow a protrusion of up to 84 feet, as measured from the seawall. side yard /riparian
setbacks are 15-feet. Additionally, the roof material used for the boathouse will match that of the
existing house. Again, the referenced site plans demonstrate satisfaction with these requirements.
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: Pelican Street East (ROW) then Single-Family dwelling, RSF-4
South: Marco River, Agricultural-Special Treatment (A-ST)
East: Single-Family dwelling, RSF-4
West: Single-Family dwelling, RSF-4
Collier County GIS
3.B.a
Packet Pg. 55 Attachment: BDE-PL20200000068 - 24 Pelican St E - Staff Report 090120 (13469 : PL20200000068 BDE 24 Pelican Street East)
BDE PL20200000068 – 24 Pelican St E Page 4 of 9
September 1, 2020
Collier County Property Appraiser – 2020
(Post Hurricane Irma)
Collier County Property Appraiser – 2017
(Pre-Hurricane Irma)
3.B.a
Packet Pg. 56 Attachment: BDE-PL20200000068 - 24 Pelican St E - Staff Report 090120 (13469 : PL20200000068 BDE 24 Pelican Street East)
BDE PL20200000068 – 24 Pelican St E Page 5 of 9
September 1, 2020
ENVIRONMENTAL EVALUATION:
Environmental Planning Staff has reviewed this petition and has no objection to the granting of
this request. The property is located adjacent to an ST overlay zone; however, since the applicant
has proposed to replace the docking facilities within the existing footprint and not expand the dock,
an ST Permit will not be required. The proposed docking facility will be constructed waterward of
the existing seawalled shoreline with rip rap. The shoreline does not contain native vegetation. A
submerged resources survey provided by the applicant found no submerged resources in the area
200 feet beyond the proposed docking facility. Exhibit sheet 9 of 9 provides an aerial with a note
stating that no seagrasses were observed within 200 feet. This project does not require an
Environmental Advisory Council Board (EAC) review, because this project did not meet the EAC
scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23,
Section 2-1193 of the Collier County Code of Laws and Ordinances.
STAFF ANALYSIS:
In accordance with LDC Section 5.03.06.H., the Collier County Hearing Examiner shall approve,
approve with conditions, or deny a dock facility extension request based on certain criteria. In
order for the Hearing Examiner to approve this request, at least four of the five primary criteria
and four of the six secondary criteria must be met:
BDE 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: The subject property is an improved residential lot supporting a single-
family residence and the existing dock facility comprises a single boat slip with boat lift
and boathouse.
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 met: Water depth is not the driving force behind this BDE, no depths have
been provided and therefore this criterion is not satisfied. Staff does however note that the
subject dock facility is replacing what is believed to have been a legal nonconforming
3.B.a
Packet Pg. 57 Attachment: BDE-PL20200000068 - 24 Pelican St E - Staff Report 090120 (13469 : PL20200000068 BDE 24 Pelican Street East)
BDE PL20200000068 – 24 Pelican St E Page 6 of 9
September 1, 2020
dock facility partially destroyed by Hurricane Irma in 2017. Said dock facility is consistent
with neighboring docks build upon the same shoreline.
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 facility does not protrude into any marked or charted
navigable channel, thus there will be no adverse impact on navigation. Neighboring dock
facilities protrude further than that proposed for the subject BDE; see Attachment A –
Plans, sheet 06 of 09.
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 met: The approximate waterway width is 833-feet. The proposed dock facility
protrusion is 84-feet which is under 11 percent of the waterway width.
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: The proposed replacement dock facility is being re-built in the same
configuration, with a matching footprint, as that which existed prior to Hurricane Irma.
There will be no new adverse impacts.
BDE 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: The subject property has an existing dock facility that the applicant is
proposing to rebuild and install one boatlift without increasing the overall protrusion. All
of the exiting neighboring docks along this shoreline extend out past the allowable 20-foot
protrusion point; therefore, the proposed dock also needs to extend as far in order to
maintain safe access to the dock from the waterway. Refer to Attachment A – Plans, sheet
06 of 09.
3.B.a
Packet Pg. 58 Attachment: BDE-PL20200000068 - 24 Pelican St E - Staff Report 090120 (13469 : PL20200000068 BDE 24 Pelican Street East)
BDE PL20200000068 – 24 Pelican St E Page 7 of 9
September 1, 2020
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 existing dock facility allows reasonable and safe access to the vessel
for the purposes of loading/unloading and maintenance without excessive deck area as
demonstrated within the provided site plan.
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 m aximum percentage should be
maintained.)
Criterion met: This dock facility is to serve a 25-foot vessel and the shoreline width is 75-
feet; thus, the vessel would only occupy 33.3 percent of the shoreline.
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: The existing and proposed dock facility are consistent with existing
facilities along the subject shoreline; the subject BDE is being sought to install a new
boatlift. Said dock facility will be built to meet or exceed required setbacks and should
therefore not have a major impact on the view of neighboring properties.
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 on the property nor the neighboring
properties within 200-feet of the existing/proposed dock facility.
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 project is for a single-family residential boat dock
facility. Section 5.03.06.E.11, Manatee Protection Plan, is not applicable to this boat dock
proposal.
In accordance with LDC Section 5.03.06.F., the Collier County Hearing Examiner shall approve,
approve with conditions, or deny a Boathouse request based on certain criteria. Boathouses,
including any roofed structure built on a dock, shall be reviewed by the Hearing Examiner
according to the following criteria, all of which must be met in order for the Hearing Examiner to
approve the request.
3.B.a
Packet Pg. 59 Attachment: BDE-PL20200000068 - 24 Pelican St E - Staff Report 090120 (13469 : PL20200000068 BDE 24 Pelican Street East)
BDE PL20200000068 – 24 Pelican St E Page 8 of 9
September 1, 2020
Boathouse Criteria:
1. Minimum side setback requirement: Fifteen Feet.
Criterion met: As per the submitted site plan, the boathouse will exceed mandatory
setback requirements.
2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet,
whichever is less. The roof alone may overhang no more than 3 feet into the waterway
beyond the maximum protrusion and/or side setbacks.
Criterion met: Subject to approval of the subject Boat Dock Extension, the maximum
protrusion will be extended to 84-feet as measured from the property line; the waterway
width at this location is approximately 833 feet.
3. Maximum height: Fifteen feet as measured from the top of the seawall or bank,
whichever is more restrictive, to the peak or highest elevation of the roof.
Criterion met: The proposed height is 15 feet from the top of the dock to the peak of roof.
4. Maximum number of boathouses or covered structures per site: One.
Criterion met. Only one boathouse is to be built on this property.
5. All boathouses and covered structures shall be completely open on all 4 sides.
Criterion met. The facility will be open on all four sides; see Engineering Building
Section.
6. Roofing material and roof color shall be the same as materials and colors used on the
principal structure or may be of a palm frond “chickee” style. A single-family
dwelling unit must be constructed on the subject lot prior to, or simultaneously with,
the construction of any boathouse or covered dock structure.
Criterion met. The roofing material and color of the proposed boathouse will match that
of the existing single-family residence serving as the principal structure at this location.
7. The boathouse or covered structure must be so located as to minimize the impact on
the view of the adjacent neighbors to the greatest extent practical.
Criterion met. The location and size of the proposed boathouse matches that which
presently exists; therefore, there will be no greater adverse impact to the view of
neighboring properties.
With respect to the BDE review, staff analysis finds that the petition satisfies four of the five
Primary Criteria and five of the six Secondary Criteria with the sixth criterion being not applicable.
3.B.a
Packet Pg. 60 Attachment: BDE-PL20200000068 - 24 Pelican St E - Staff Report 090120 (13469 : PL20200000068 BDE 24 Pelican Street East)
BDE PL20200000068 – 24 Pelican St E Page 9 of 9
September 1, 2020
With respect to the Boathouse element of this project, the petition satisfies all seven of the required
criteria.
APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS:
As to any boat dock extension petition upon which the Hearing Examiner takes action, an
aggrieved petitioner, or adversely affected property owner, may appeal such final action to the
Board of County Commissioners. Such appeal shall be filed with the Growth Management
Department Administrator within 30 days of the Decision by the Hearing Examiner. In the event
that the petition has been approved by the Hearing Examiner, the applicant shall be advised that
he/she proceeds with construction at his/her own risk during this 30-day period. Any construction
work completed ahead of the approval shall be at their own risk.
STAFF RECOMMENDATION:
Based on the above findings, staff recommends that the Hearing Examiner approve Petition BDE-
PL20200000068 in accordance with the site plans contained within Attachment A and further
identified as sheet numbers 04 (Proposed Dock) and 05 (Cross Section) of 09.
Attachments:
A. Staff Exhibits – Proposed Plans, Specific Purpose Survey, and Sign Posting
B. Applicant’s Backup, including Application and Supporting Documents
C. Correspondence
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Packet Pg. 61 Attachment: BDE-PL20200000068 - 24 Pelican St E - Staff Report 090120 (13469 : PL20200000068 BDE 24 Pelican Street East)
STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 25.976167<> LONGITUDE:W 81.728888SITE ADDRESS:<> 24 PELICAN ST ENAPLES, FL 34113Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1844-mckenna-24 pelican e\CAD\PERMIT-COUNTY\1844-BDE.dwg LOCATION 3/27/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-09-201844RMJ526MCKENNA DOCKLOCATION MAP52----03-27-20----JR----PAGES 04-05----01 OF 09COLLIER COUNTYCOLLIER COUNTY)7.(1(/':+%1)7.(1(/':+%18588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTY3.B.bPacket Pg. 62Attachment: Attachment A - Site Plan, Survey and Sign Posting (13469 : PL20200000068 BDE 24 Pelican
MARCO RIVERNESW0204080SCALE IN FEETSITE ADDRESS:,24 PELICAN ST ENAPLESFL34113Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1844-mckenna-24 pelican e\CAD\PERMIT-COUNTY\1844-BDE.dwg 2017 AERIAL 3/27/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-09-201844-526MCKENNA DOCK2017 AERIAL - PRE-IRMA52-------------------02 OF 09DAMAGEDBOATLIFTEXISTINGSEAWALLCOVERED WOODDOCK AREABOATHOUSE27'31'13'84'27'2017 AERIAL USED TO SHOW EXTENT OF ORIGINAL DOCKPROPERTYLINE3.B.bPacket Pg. 63Attachment: Attachment A - Site Plan, Survey and Sign Posting (13469 : PL20200000068 BDE 24 Pelican
MARCO RIVERNESW0204080SCALE IN FEETSITE ADDRESS:,24 PELICAN ST ENAPLESFL34113Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1844-mckenna-24 pelican e\CAD\PERMIT-COUNTY\1844-BDE.dwg EX AERIAL 3/27/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-09-201844-526MCKENNA DOCKEXISTING CONDITIONS - POST-IRMA52-------------------03 OF 09·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"COURT GREGORY SURVEYING, INC."08-27-19-1.63'+0.42'75'807833'EXISTINGSEAWALL27'31'83'27'PELICAN ST EDAMAGEDBOATLIFTCOVERED WOODDOCK AREABOATHOUSE75'115'
115'75'PROPERTYLINE3.B.bPacket Pg. 64Attachment: Attachment A - Site Plan, Survey and Sign Posting (13469 : PL20200000068 BDE 24 Pelican
p:\1844-mckenna-24 pelican e\CAD\PERMIT-COUNTY\1844-BDE.dwg 3/27/2020NESW0102040SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1844-mckenna-24 pelican e\CAD\PERMIT-COUNTY\1844-BDE.dwg PRO AERIAL 3/27/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-09-201844RMJ526MCKENNA DOCKPROPOSED DOCK52----03-27-20----JR----ADDED BOAT FOOTPRINT & TABLE----04 OF 0927'EXISTING DOCKTO BE REBUILTIN THE SAMEFOOTPRINTEXISTINGBOATHOUSE TOBE REBUILT INTHE SAMEFOOTPRINT27'BOAT LIFT TO BEREPLACED INSAMEFOOTPRINT28'84' TO
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31'·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM PROPERTY LINE:"COURT GREGORY SURVEYING, INC."08-27-19-1.63'+0.42'75'807833'1122112284'PROPERTYLINE25'3.B.bPacket Pg. 65Attachment: Attachment A - Site Plan, Survey and Sign Posting (13469 : PL20200000068 BDE 24 Pelican
051020SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1844-mckenna-24 pelican e\CAD\PERMIT-COUNTY\1844-BDE.dwg SECTION 3/27/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-09-201844RMJ526MCKENNA DOCKCROSS SECTION52----03-27-20----JR----ADDED BOAT FOOTPRINT & LABEL----05 OF 09EXISTING DOCK TOBE REBUILT IN THESAME FOOTPRINTEXISTINGSEAWALLEXISTING BOATHOUSE TO BEREBUILT IN THE SAMEFOOTPRINT / ROOF MATERIALTO MATCH EXISTING HOUSEBOAT LIFT TO BEREPLACED IN SAMEFOOTPRINT84'12'9'10' MIN.15'PVC WRAP ALL PILES FROM6" BELOW SUBSTRATE TO 1'ABOVE MHWLPROPERTYLINE3.B.bPacket Pg. 66Attachment: Attachment A - Site Plan, Survey and Sign Posting (13469 : PL20200000068 BDE 24 Pelican
p:\1844-mckenna-24 pelican e\CAD\PERMIT-COUNTY\1844-BDE.dwg 3/27/2020NESW050100200SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1844-mckenna-24 pelican e\CAD\PERMIT-COUNTY\1844-BDE.dwg ADJ DOCKS 3/27/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-09-201844-526MCKENNA DOCKADJACENT DOCKS52-------------------06 OF 09PROPOSEDDOCK2017 AERIAL USED FOR DOCK BUILD OUT CONTEXT69'59'66'
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p:\1844-mckenna-24 pelican e\CAD\PERMIT-COUNTY\1844-BDE.dwg 3/27/2020NESW050100200SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1844-mckenna-24 pelican e\CAD\PERMIT-COUNTY\1844-BDE.dwg ST OVERLAY 3/27/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-09-201844-526MCKENNA DOCKST OVERLAY52-------------------07 OF 09PROPOSEDDOCKST OVERLAY3.B.bPacket Pg. 68Attachment: Attachment A - Site Plan, Survey and Sign Posting (13469 : PL20200000068 BDE 24 Pelican
p:\1844-mckenna-24 pelican e\CAD\PERMIT-COUNTY\1844-BDE.dwg 3/27/2020NESW0100200400SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1844-mckenna-24 pelican e\CAD\PERMIT-COUNTY\1844-BDE.dwg WOW 3/27/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-09-201844-526MCKENNA DOCKWIDTH OF WATERWAY52-------------------08 OF 09833'
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NESW03060120SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1844-mckenna-24 pelican e\CAD\PERMIT-COUNTY\1844-BDE.dwg SUBMERGED 3/27/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-09-201844-526MCKENNA DOCKSUBMERGED RESOURCE SURVEY52-------------------09 OF 09TYPICAL DIVE TRANSECTSITE ADDRESS:,24 PELICAN ST ENAPLESFL34113NO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200 FT OF THEPROPOSED PROJECT.400'200'
10'200'200'3.B.bPacket Pg. 70Attachment: Attachment A - Site Plan, Survey and Sign Posting (13469 : PL20200000068 BDE 24 Pelican
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3.B.bPacket Pg. 72Attachment: Attachment A - Site Plan, Survey and Sign Posting (13469 : PL20200000068 BDE 24 Pelican Street East)
3.B.bPacket Pg. 73Attachment: Attachment A - Site Plan, Survey and Sign Posting (13469 : PL20200000068 BDE 24 Pelican Street East)
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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.)
The subject property is zoned as a single-family residential property which
warrants no more than 2 slips per the CC-LDC. The proposed project consists of
one dock with one boatlift to accommodate one vessel up to 25-feet. The proposed
dock extends out 84-feet from the Top of rip-rap therefore we are requesting a 64-
foot boat dock extension from the allowed 20-feet.
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.)
The reason for this BDE request is to rebuild the existing dock that was damaged
during Hurricane Irma which the applicant is proposing to rebuild and install one
boatlift. The existing and proposed dock are consistent with all the other docks
previously approved along this shoreline.
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.)
The proposed docking facility is consistent with the other docks along the subject
shoreline. As proposed the dock and boatlift will not impact navigation as some of
the adjacent neighboring docks extend out past what the applicant is requesting
within this BDE.
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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.)
The approximate waterway width is 833-feet wide. The proposed dock protrusion is
84-feet which is under 11% width of the waterway.
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.)
The proposed docking facility originates from the applicant’s upland single-family
residential lot with an existing single-family residence. The dock and boathouse are
both existing therefore no neighboring views or access will be negatively impacted as
the proposed dock is consist with all the previously approved docks along the
subject shoreline.
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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.)
The subject property has an existing docking facility that the applicant is proposing
to rebuild and install one boat-lift without increasing the overall protrusion. All the
existing neighboring docks along this shoreline extend out past the 20-foot
protrusion point and therefore the proposed dock will also need to extend out just a
far in order to maintain safe access to the dock from the waterway.
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.)
The proposed docking facility varies in width with the main access walkway being 8-
feet wide by 84-feet long and will consist of a boathouse and one boat-lift. As
designed this dock is consistent with the other previously approved docks along this
shoreline and will provide enough space for typical access and maintenance of the
vessels on-site.
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.)
The proposed vessel size to be kept on-site is 25-feet long. Based on the vessel length
the applicant will not exceed the allowed 50% of the subject property’s linear
shoreline, therefore this criterion is met.
4. Whether or not the proposed facility would have a major impact on the waterfront view
of neighboring waterfront property owners. (The facility should not have a major impact
on the view of either property owner.)
As proposed the dock is existing other than the proposed boat-lift. As proposed the
dock is consistent with others on this waterway. Therefore, no impacts to
neighboring property views of the waterway will result from the proposed 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.)
There are no seagrass beds present on the property nor the neighboring properties
within 200’ of the existing dock structure
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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.)
The proposed work is for a single-family docking facility and therefore not subject
to Manatee Protection Requirements
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STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 25.976167<> LONGITUDE:W 81.728888SITE ADDRESS:<> 24 PELICAN ST ENAPLES, FL 34113Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1844-mckenna-24 pelican e\CAD\PERMIT-COUNTY\1844-BDE.dwg LOCATION 3/27/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-09-201844RMJ526MCKENNA DOCKLOCATION MAP52----03-27-20----JR----PAGES 04-05----01 OF 09COLLIER COUNTYCOLLIER COUNTY)7.(1(/':+%1)7.(1(/':+%18588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTY3.B.cPacket Pg. 88Attachment: Attachment B - Back Up Materials (13469 : PL20200000068 BDE 24 Pelican Street East)
MARCO RIVERNESW0204080SCALE IN FEETSITE ADDRESS:,24 PELICAN ST ENAPLESFL34113Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1844-mckenna-24 pelican e\CAD\PERMIT-COUNTY\1844-BDE.dwg 2017 AERIAL 3/27/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-09-201844-526MCKENNA DOCK2017 AERIAL - PRE-IRMA52-------------------02 OF 09DAMAGEDBOATLIFTEXISTINGSEAWALLCOVERED WOODDOCK AREABOATHOUSE27'31'13'84'27'2017 AERIAL USED TO SHOW EXTENT OF ORIGINAL DOCKPROPERTYLINE3.B.cPacket Pg. 89Attachment: Attachment B - Back Up Materials (13469 : PL20200000068 BDE 24 Pelican Street East)
MARCO RIVERNESW0204080SCALE IN FEETSITE ADDRESS:,24 PELICAN ST ENAPLESFL34113Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1844-mckenna-24 pelican e\CAD\PERMIT-COUNTY\1844-BDE.dwg EX AERIAL 3/27/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-09-201844-526MCKENNA DOCKEXISTING CONDITIONS - POST-IRMA52-------------------03 OF 09·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"COURT GREGORY SURVEYING, INC."08-27-19-1.63'+0.42'75'807833'EXISTINGSEAWALL27'31'83'27'PELICAN ST EDAMAGEDBOATLIFTCOVERED WOODDOCK AREABOATHOUSE75'115'
115'75'PROPERTYLINE3.B.cPacket Pg. 90Attachment: Attachment B - Back Up Materials (13469 : PL20200000068 BDE 24 Pelican Street East)
p:\1844-mckenna-24 pelican e\CAD\PERMIT-COUNTY\1844-BDE.dwg 3/27/2020NESW0102040SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1844-mckenna-24 pelican e\CAD\PERMIT-COUNTY\1844-BDE.dwg PRO AERIAL 3/27/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-09-201844RMJ526MCKENNA DOCKPROPOSED DOCK52----03-27-20----JR----ADDED BOAT FOOTPRINT & TABLE----04 OF 0927'EXISTING DOCKTO BE REBUILTIN THE SAMEFOOTPRINTEXISTINGBOATHOUSE TOBE REBUILT INTHE SAMEFOOTPRINT27'BOAT LIFT TO BEREPLACED INSAMEFOOTPRINT28'84' TO
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31'·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM PROPERTY LINE:"COURT GREGORY SURVEYING, INC."08-27-19-1.63'+0.42'75'807833'1122112284'PROPERTYLINE25'3.B.cPacket Pg. 91Attachment: Attachment B - Back Up Materials (13469 : PL20200000068 BDE 24 Pelican Street East)
051020SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1844-mckenna-24 pelican e\CAD\PERMIT-COUNTY\1844-BDE.dwg SECTION 3/27/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-09-201844RMJ526MCKENNA DOCKCROSS SECTION52----03-27-20----JR----ADDED BOAT FOOTPRINT & LABEL----05 OF 09EXISTING DOCK TOBE REBUILT IN THESAME FOOTPRINTEXISTINGSEAWALLEXISTING BOATHOUSE TO BEREBUILT IN THE SAMEFOOTPRINT / ROOF MATERIALTO MATCH EXISTING HOUSEBOAT LIFT TO BEREPLACED IN SAMEFOOTPRINT84'12'9'10' MIN.15'PVC WRAP ALL PILES FROM6" BELOW SUBSTRATE TO 1'ABOVE MHWLPROPERTYLINE3.B.cPacket Pg. 92Attachment: Attachment B - Back Up Materials (13469 : PL20200000068 BDE 24 Pelican Street East)
p:\1844-mckenna-24 pelican e\CAD\PERMIT-COUNTY\1844-BDE.dwg 3/27/2020NESW050100200SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1844-mckenna-24 pelican e\CAD\PERMIT-COUNTY\1844-BDE.dwg ADJ DOCKS 3/27/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-09-201844-526MCKENNA DOCKADJACENT DOCKS52-------------------06 OF 09PROPOSEDDOCK2017 AERIAL USED FOR DOCK BUILD OUT CONTEXT69'59'66'
99'
84'
72'
72'
112'
145'3.B.cPacket Pg. 93Attachment: Attachment B - Back Up Materials (13469 : PL20200000068 BDE 24 Pelican Street East)
p:\1844-mckenna-24 pelican e\CAD\PERMIT-COUNTY\1844-BDE.dwg 3/27/2020NESW050100200SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1844-mckenna-24 pelican e\CAD\PERMIT-COUNTY\1844-BDE.dwg ST OVERLAY 3/27/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-09-201844-526MCKENNA DOCKST OVERLAY52-------------------07 OF 09PROPOSEDDOCKST OVERLAY3.B.cPacket Pg. 94Attachment: Attachment B - Back Up Materials (13469 : PL20200000068 BDE 24 Pelican Street East)
p:\1844-mckenna-24 pelican e\CAD\PERMIT-COUNTY\1844-BDE.dwg 3/27/2020NESW0100200400SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1844-mckenna-24 pelican e\CAD\PERMIT-COUNTY\1844-BDE.dwg WOW 3/27/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-09-201844-526MCKENNA DOCKWIDTH OF WATERWAY52-------------------08 OF 09833'
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3.B.cPacket Pg. 95Attachment: Attachment B - Back Up Materials (13469 : PL20200000068 BDE 24 Pelican Street East)
NESW03060120SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1844-mckenna-24 pelican e\CAD\PERMIT-COUNTY\1844-BDE.dwg SUBMERGED 3/27/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-09-201844-526MCKENNA DOCKSUBMERGED RESOURCE SURVEY52-------------------09 OF 09TYPICAL DIVE TRANSECTSITE ADDRESS:,24 PELICAN ST ENAPLESFL34113NO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200 FT OF THEPROPOSED PROJECT.400'200'
10'200'200'3.B.cPacket Pg. 96Attachment: Attachment B - Back Up Materials (13469 : PL20200000068 BDE 24 Pelican Street East)
3.B.cPacket Pg. 97Attachment: Attachment B - Back Up Materials (13469 : PL20200000068 BDE 24 Pelican Street East)
MCKENNA RESIDENCE
24 PELICAN ST. E
NAPLES, FL 34113
FOLIO #52340840004
SUBMERGED RESOURCE SURVEY
SEPTEMBER 2019
PREPARED BY:
TURRELL, HALL & ASSOCIATES, INC
3584 EXCHANGE AVENUE, STE B
NAPLES, FL 34104
3.B.c
Packet Pg. 98 Attachment: Attachment B - Back Up Materials (13469 : PL20200000068 BDE 24 Pelican Street East)
Table of Contents
1 Introduction ....................................................................................................................................... 1
2 Objective ............................................................................................................................................. 2
3 Methodology ...................................................................................................................................... 3
4 Results ................................................................................................................................................. 4
5 Results ................................................................................................................................................. 5
6 Photos .................................................................................................................................................. 6
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Packet Pg. 99 Attachment: Attachment B - Back Up Materials (13469 : PL20200000068 BDE 24 Pelican Street East)
24 Pelican St. E
Submerged Resource Survey
September 2019
1
1 Introduction
Turrell, Hall & Associates, Inc. (THA) has been contracted to provide environmental services in
the form of a submerged resource survey (SRS) for the above referenced property. This survey
will provide planning and review assistance to both the property owner and agency officers
during the review process for the proposed project, which consists of rebuilding the dock in its
exact footprint and relocating the boatlift from its permitted position to a location on the
waterward side of the terminal platform.
The McKenna residence and associated docking facility is located at 24 Pelican St. E. in Isle of
Capri, Florida and can be identified by folio #52340840004. The property is located on the north
side of Big Marco Pass and looks across at Marco Island. The property is bound to the east and
west by neighboring single-family residential developments and to the north by Pelican St. E,
across which is an additional single-family residential development.
The SRS was conducted on September 20, 2019 at approximately 10:00 a.m. Site conditions
consisted of partly cloudy skies resulting in fair visibility. The ambient air temperature was
approximately 85 degrees Fahrenheit and wind speeds averaged 5-10 mph out of the South.
The tide was falling when we arrived on-site, and the average ambient water temperature was
approximately 82 degrees Fahrenheit.
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24 Pelican St. E
Submerged Resource Survey
September 2019
2
2 Objective
The objective of the SRS was to identify and locate any existing submerged resources within
200 feet of the proposed re-designed docking facility. Ordinarily, if seagrasses are present
within the vicinity of a project area, an analysis will be required regarding species, percent
of coverage, and impacts projected by the proposed project. The presence of seagrasses may
be ample cause for re-configuration of the design for projects over surface waters in order to
minimize impacts. The general scope of work performed during a typical submerged
resource survey is summarized below:
• THA personnel will conduct a site visit and swim a series of transects within the
project site in order to verify the location of any submerged resources.
• THA personnel will identify submerged resources within the vicinity of the site and
produce an estimate of the percent coverage of any resources found.
• THA personnel will delineate the approximate limits of any submerged resources
observed via a handheld GPS device.
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24 Pelican St. E
Submerged Resource Survey
September 2019
3
3 Methodology
THA biologists intentionally designed the methodology of the SRS to cover not only the entire
property shoreline for the proposed dock installation but also the area within 200 ft. of the
proposed site. The components utilized for this survey include:
• Review of aerial photography of the surveyed area.
• Establish survey transect lines (spaced approximately 10 feet apart) overlaid onto
aerials.
• Physically swim the transects, GPS locate the limits of any submerged resources
found, and determine percent coverage within the area.
• Document and photograph all findings
The surveyed area was evaluated systematically by following the established transect lines
throughout the project site as shown on the attached exhibit. Note that the survey area was
expanded to a 200-foot radius surrounding the proposed project in order to verify no other
resources were found within the vicinity of the proposed work. Neighboring properties,
docking facilities, and other landmarks provided reference markers which assisted in
maintaining correct positioning over each transect.
During this SRS, two THA staff members swam the transect lines using snorkel equipment
while a third remained on the boat taking notes and compiling findings on an aerial of the
project site. Ordinarily, if any resources are found, they are photographed, GPS located,
delineated, and analyzed for percent coverage within the area via a half meter square quadrant.
3.B.c
Packet Pg. 102 Attachment: Attachment B - Back Up Materials (13469 : PL20200000068 BDE 24 Pelican Street East)
24 Pelican St. E
Submerged Resource Survey
September 2019
4
4 Results
The substrate found within the surveyed area consists of a sand with a silt muck layer. This
type of substrate covers nearly the entire site with the exception of several areas underneath the
existing docking facility where several large riprap boulders have settled. These were likely
washed out waterward from the shoreline as a result of strong tidal currents within Big Marco
Pass or from the extreme weather conditions created by Hurricane Irma. Riprap shoreline is
common throughout the neighborhood where the subject property is located and makes up
roughly half of the shoreline stabilization found within residential lots on Isle of Capri. The
remainder consists almost entirely of vertical seawall while natural shoreline stabilized by
mangroves makes up a small percentage as well.
During the survey, several forms of macroalgae were observed growing along the bottom in
addition to several large collections of detrital debris. Barnacles could be observed growing
along all of the existing dock piles as well. The survey otherwise yielded no findings in the form
of submerged resources within the vicinity of the project site location.
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24 Pelican St. E
Submerged Resource Survey
September 2019
5
5 Results
The submerged resource survey was conducted and completed throughout a 200-foot radius
surrounding the project site and yielded no results. No benthic invertebrate (besides barnacles),
seagrasses, or protected species were observed anywhere within the vicinity of the project site.
The only living organisms found on-site were several colonies of macroalgae and barnacles.
Accordingly, negative impacts to submerged resources are not expected as a result of the
proposed project.
3.B.c
Packet Pg. 104 Attachment: Attachment B - Back Up Materials (13469 : PL20200000068 BDE 24 Pelican Street East)
24 Pelican St. E
Submerged Resource Survey
September 2019
6
6 Photos
Photo 1: Overview of the existing docking
facility and rip-rap shoreline.
Photo 2: Barnacles covering the existing
dock piles
Photo 3: Characteristic substrate found
throughout the are of the proposed
docking facility
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3.B.dPacket Pg. 112Attachment: Attachment C - Correspondence (13469 : PL20200000068 BDE 24 Pelican Street East)
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3.B.dPacket Pg. 115Attachment: Attachment C - Correspondence (13469 : PL20200000068 BDE 24 Pelican Street East)
3.B.dPacket Pg. 116Attachment: Attachment C - Correspondence (13469 : PL20200000068 BDE 24 Pelican Street East)
3.B.dPacket Pg. 117Attachment: Attachment C - Correspondence (13469 : PL20200000068 BDE 24 Pelican Street East)
3.B.dPacket Pg. 118Attachment: Attachment C - Correspondence (13469 : PL20200000068 BDE 24 Pelican Street East)
3.B.e
Packet Pg. 119 Attachment: HYBRID WAIVER MCKENNA (13469 : PL20200000068 BDE 24 Pelican Street East)
09/24/2020
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.C
Item Summary: PETITION NO. BDE-PL20190002626 – Bonnie L. White and Douglas Grant
request a 19-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the
Collier County Land Development Code for a total protrusion of 39 feet to accommodate a new docking
facility, including one boat-lift for one vessel, for the benefit of Lot 27, Bayfront Gardens, also described
as 207 Bayfront Drive, in Section 6, Township 48 South, Range 25 East, Collier County, Florida.
(Coordinator: John Kelly, Senior Planner)
Meeting Date: 09/24/2020
Prepared by:
Title: Planner – Zoning
Name: John Kelly
09/10/2020 12:24 PM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
09/10/2020 12:24 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Rose Burke Review Item Completed 09/10/2020 3:37 PM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 09/14/2020 7:50 PM
Zoning Ray Bellows Review Item Completed 09/15/2020 1:15 PM
Zoning Anita Jenkins Review Item Completed 09/16/2020 8:42 AM
Hearing Examiner Andrew Dickman Meeting Pending 09/24/2020 9:00 AM
3.C
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BDE-PL20190002626 – 207 Bayfront Drive Page 1 of 7
September 4, 2020
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: SEPTEMBER 24, 2020
SUBJECT: BDE-PL20190002626, 207 BAYFRONT DRIVE DOCK
_________________________________________________________________________
PROPERTY OWNER/AGENT:
Owner/Applicant:
Agent:
Bonnie L. White and Douglas Grant
207 Bayfront Drive
Jeff Rogers
Turrell, Hall and Associates, Inc.
Naples, FL 34134 3584 Exchange Avenue
Naples, FL 34104
REQUESTED ACTION:
The petitioner requests a 19-foot boat dock extension (BDE), over the maximum permitted
protrusion of 20 feet allowed by Section 5.03.06 of the LDC for waterways greater than 100 feet
in width, for a total protrusion of 39 feet to accommodate a new docking facility, including one
boat-lift for one vessel, for the benefit of the subject property.
GEOGRAPHIC LOCATION:
The subject property is located at 207 Bayfront Drive, further described as Lot 27, Bayfront
Gardens, in Section 6, Township 48 South, Range 25 East. Collier County, Florida. Folio No.
23095002702. (See location map on the following page)
PURPOSE/DESCRIPTION OF PROJECT:
The subject 0.39-acre property has been razed and a building permit issued for a new single-family
dwelling, PRBD20191252289, has been issued; said property comprises 0.39± acres located
within Tract I of the Lely Barefoot Beach Planned Unit Development (PUD). The proposed
docking facility is a new dock that will consist of a 4-foot wide access walkway, through the
existing mangrove shoreline, which extends to a T-head terminal platform that will be 5-foot wide
to accommodate a single slip with boat lift for a 30-foot vessel. As designed, the docking facility
3.C.a
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September 4, 2020
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September 4, 2020
will extend 39 feet into the waterway as measured from the rip-rap line which is the most restrictive
point as per LDC Section 5.03.06.C.1.
The subject property has 86.35± feet of shoreline for which the LDC requires 15 -foot side
yard/riparian setbacks; the waterway width measured 144 feet as measured using an aerial
photograph. The total overwater structure measures approximately 334 square feet.
SURROUNDING LAND USE & ZONING:
North: Little Hickory Bay
East: Single-family dwelling, located within the Lely Barefoot Beach PUD
South: Bayfront Drive (Right-of-Way) followed by dedicated preserve area located within
the Lely Barefoot Beach PUD.
West: Single-family dwelling, located within the Lely Barefoot Beach PUD
Aerial – Collier County GIS
3.C.a
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BDE-PL20190002626 – 207 Bayfront Drive Page 4 of 7
September 4, 2020
ENVIRONMENTAL EVALUATION:
Environmental Planning staff has reviewed this petition and has no objection to the granting of
this request. The proposed dock is to be constructed through an existing Conservation Easement
containing mangrove fringe along the shoreline. The Conservation Easement allows for a four-
foot wide access walkway to a docking facility. Pursuant to the 1985 Settlement Agreement, the
Conservancy of Southwest Florida has reviewed the request and provided a letter of no objection.
A submerged resources survey provided by the applicant found no submerged resources in the area
200 feet beyond the proposed docking facility. Site plan sheet 6 of 8 provides an aerial illustrating
that no seagrasses were observed within 200 feet of the proposed structure. This project does not
require an Environmental Advisory Council (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:
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 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 prop erty.
(The number should be appropriate; typical single-family use should be no more than
two slips; typical multi-family use should be one slip per dwelling unit; in the case of
unbridged barrier island docks, additional slips may be appropriate.)
Criterion met. The subject property has been razed and is located upon lands allocated for
residential development within the Lely Barefoot Beach PUD. At present, a building permit
has been issued for a single-family residence that is under construction at this time. The
LDC allows up to two boat slips for residential properties. The proposed project consists
of authorizing a single dock facility with a single slip with boatlift to accommodate a vessel
of up to 30-feet overall.
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.)
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September 4, 2020
Criterion not met. Water depth is not the primary factor driving the subject BDE. This
BDE is being sought to avoid impacting the existing natural mangrove shoreline by
extending the proposed dock out past the mangrove fringe.
3. Whether the proposed dock facility may have an adverse impact on navigation within
an adjacent marked or charted navigable channel. (The facility should not intrude
into any marked or charted navigable channel thus impeding vessel traffic in the
channel.)
Criterion met. The proposed docking facility is consistent with the other docks along the
subject shoreline. The dock and boatlift will not impact navigation as there is no thread of
channel within this waterway; as proposed, the dock will maintain the required 50 percent
open for navigation requirement.
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 approximate waterway width is 144-feet wide, measured from MHWL
to MHWL; therefore, 25-percent of the waterway width is 36 feet. The requested total dock
protrusion is 35-feet which is less than 36 feet. As there are no docking facilities directly
opposite the subject proposed dock, greater than 50-percent of the waterway remains open
for navigation.
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 proposed, the new dock facility is fully within required setbacks and
will not interfere with any neighboring dock.
Secondary Criteria
1. Whether there are special conditions not involving water depth, related to the subject
property or waterway, which justify the proposed dimensions and location of the
proposed dock facility. (There must be at least one special condition related to the
property; these may include type of shoreline reinforcement, shoreline configuration,
mangrove growth, or seagrass beds.)
Criterion met. The subject property’s shoreline consists of a natural mangrove fringe
which the applicant would like to maintain in its natural state; said fringe is located within
a conservation easement. Therefore, to allow for a dock, said dock is being extended out
past the mangroves.
2. Whether the proposed dock facility would allow reasonable, safe access to the vessel
for loading/unloading and routine maintenance, without the use of excessive deck
3.C.a
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September 4, 2020
area not directly related to these functions. (The facility should not use excessive deck
area.)
Criterion met. The proposed docking facility is 5 feet wide by 31 feet long and will consist
of 334 square feet of decking. This dock has been designed to be consistent with other
docks previously approved along this shoreline and will provide enough space for typical
access and maintenance of docked vessels.
3. For single-family dock facilities, whether the length of the vessel, or vessels in
combination, described by the petitioner, exceeds 50 percent of the subject property’s
linear waterfront footage. (The applicable maximum percentage should be
maintained.)
Criterion not met. The proposed vessel size to be kept on-site is 30-foot long. The subject
property has 86.35± feet of shoreline, therefore the 50-percent limitation is exceeded thus
this criterion is not satisfied.
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 docking facility has been designed to satisfy setback
requirements. Additionally, there is a natural mangrove buffer along the shoreline. Said
socking facility will not impact views any more than the neighboring docks impact upon
the views of the applicant.
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. There are no seagrass beds present on the property nor the neighboring
properties within 200-feet of the existing dock structure.
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 finds that this request meets four of the five primary criteria. Regarding the six
secondary criteria, criterion six is not applicable, and said request meets four of the remaining five
secondary criteria.
3.C.a
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BDE-PL20190002626 – 207 Bayfront Drive Page 7 of 7
September 4, 2020
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.
RECOMMENDATION:
Based on the above findings, staff recommends that the Hearing Examiner approve Petition
BDE-PL20190002626 in accordance with the “Proposed Site Plan” identified as Sheet No. 03 of
08 provided within Attachment A, with the stipulation that the issuance of a certificate of
completion for the docking facility (accessory structure) shall not precede the issuance of a
certificate of occupancy for the dwelling (principal structure).
Attachments:
A. Staff Exhibits – Plans, Survey, and Posting
B. Applicant’s Backup, including Application
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Packet Pg. 127 Attachment: Staff Report BDE-PL20190002626 - 090420 (13506 : PL20190002626 BDE 207 Bayfront Drive)
STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 26.324697<> LONGITUDE:W 81.839568SITE ADDRESS:<> 207 BAYFRONT DRBONITA SPRINGS, FL 34134Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19111.00 grant-207 bayfront dr bde\CAD\PERMIT-COUNTY\19111.00-COUNTY.dwg LOCATION 4/22/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ10-24-1919111.00RMJ625GRANT DOCKLOCATION PAGE48RMJRMJ--03-17-2003-18-2004-22-20--JRJRJR--PGS 03-04, 06-08PGS 02-04, 06-08PGS 3-4--01 OF 08COLLIER COUNTYCOLLIER COUNTY)7.(1(/':+%1)7.(1(/':+%18588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTY3.C.bPacket Pg. 128Attachment: Attachment A - Staff Exhibits - Plans - Survey - Posting (13506 : PL20190002626 BDE 207
NESW0153060SCALE IN FEETSITE ADDRESS:,207 BAYFRONT DRBONITA SPRINGSFL34134Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19111.00 grant-207 bayfront dr bde\CAD\PERMIT-COUNTY\19111.00-COUNTY.dwg EX AERIAL 4/22/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ10-24-1919111.00RMJ625GRANT DOCKEXISTING SITE AERIAL48----03-18-20----JR----ADDED PLATTED PL----02 OF 08·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"DAGOSTINO & WOOD, INC."09-19-19-0.55'-.01'86'0.00144'VEGETATIONLINEMHWL = -0.01(NAVD88)TOE OFRIPRAPTOP OFRIPRAPVEGETATIONLINEL
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BAYVEGETATIONLINERIPARIANLINERIPARIANLINESUBJECTPROPERTYPLATTEDPROPERTY LINE3.C.bPacket Pg. 129Attachment: Attachment A - Staff Exhibits - Plans - Survey - Posting (13506 : PL20190002626 BDE 207
p:\19111.00 grant-207 bayfront dr bde\CAD\PERMIT-COUNTY\19111.00-COUNTY.dwg 4/22/2020Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19111.00 grant-207 bayfront dr bde\CAD\PERMIT-COUNTY\19111.00-COUNTY.dwg PRO AERIAL 4/22/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ10-24-1919111.00RMJ625GRANT DOCKPROPOSED SITE PLAN WITH DIMENSIONS48RMJRMJ--03-17-2003-18-2004-22-20--JRJRJR--REMOVED LINEADDED PLATTED PLREVISED NOTE--03 OF 08NESW0102040SCALE IN FEETVEGETATIONLINEMHWL = -0.01 (NAVD88)TOE OFRIPRAPTOP OFRIPRAPVEGETATIONLINERIPARIANLINERIPARIANLINERIPARIAN LINESETBACKL
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BAYVEGETATIONLINE20'39'3
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'·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MOST RESTRICTIVE:"DAGOSTINO & WOOD, INC."09-19-19-0.55'-.01'86'0.00144'33433439'PLATTEDPROPERTYLINE3.C.bPacket Pg. 130Attachment: Attachment A - Staff Exhibits - Plans - Survey - Posting (13506 : PL20190002626 BDE 207
Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19111.00 grant-207 bayfront dr bde\CAD\PERMIT-COUNTY\19111.00-COUNTY.dwg PRO LINE 4/22/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ10-24-1919111.00RMJ625GRANT DOCKPROPOSED SITE PLAN WITH DEPTHS48RMJRMJ--03-17-2003-18-2004-22-20--JRJRJR--REMOVED LINEADDED PLATTED PLREV NOTE--04 OF 08NESW0102040SCALE IN FEETVEGETATIONLINETOE OFRIPRAPTOP OFRIPRAPVEGETATIONLINERIPARIANLINERIPARIANLINERIPARIAN LINESETBACKL
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BAYVEGETATIONLINEMHWL = -0.01(NAVD88)·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MOST RESTRICTIVE:"DAGOSTINO & WOOD, INC."09-19-19-0.55'-.01'86'0.00144'33433439'PLATTEDPROPERTYLINE3.C.bPacket Pg. 131Attachment: Attachment A - Staff Exhibits - Plans - Survey - Posting (13506 : PL20190002626 BDE 207
03510SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19111.00 grant-207 bayfront dr bde\CAD\PERMIT-COUNTY\19111.00-COUNTY.dwg SECTION 4/22/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ10-24-1919111.00-625GRANT DOCKCROSS SECTION48-------------------05 OF 08N.T.E.10'5'20'MHWL(NAVD)=-0.01MLWL(NAVD)=-0.5535'X-3.6X-6.5X-12.814'ALL PILES TO BE PVCWRAPPED 12" ABOVEMHWL AND 6" BELOWSUBSTRATE39' PROTRUSION FROM MOST RESTRICTIVEPLATTEDPROPERTY LINE3.C.bPacket Pg. 132Attachment: Attachment A - Staff Exhibits - Plans - Survey - Posting (13506 : PL20190002626 BDE 207
NESW0204080SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19111.00 grant-207 bayfront dr bde\CAD\PERMIT-COUNTY\19111.00-COUNTY.dwg SUBMERGED 4/22/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ10-24-1919111.00RMJ625GRANT DOCKSUBMERGED RESOURCE SURVEY48RMJ---03-17-2003-18-20---JRJR---REMOVED LINEADDED PLATTED PL---06 OF 08163'170'10'2
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'SRS-TRANSECT*NO SEA GRASSES WEREOBSERVED GROWING WITHIN 200'OF THE PROPOSED PROJECT3.C.bPacket Pg. 133Attachment: Attachment A - Staff Exhibits - Plans - Survey - Posting (13506 : PL20190002626 BDE 207
NESW0153060SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19111.00 grant-207 bayfront dr bde\CAD\PERMIT-COUNTY\19111.00-COUNTY.dwg WIDTH OF WATER WAY 4/22/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ10-24-1919111.00RMJ625GRANT DOCKWIDTH OF WATER WAY48RMJ---03-17-2003-18-20---JRJR---REMOVED LINEADDED PLATTED PL---07 OF 08144'SUBJECT PROPERTY144'3.C.bPacket Pg. 134Attachment: Attachment A - Staff Exhibits - Plans - Survey - Posting (13506 : PL20190002626 BDE 207
NESW04896192SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19111.00 grant-207 bayfront dr bde\CAD\PERMIT-COUNTY\19111.00-COUNTY.dwg ADJACENT DOCKS 4/22/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ10-24-1919111.00RMJ625GRANT DOCKADJACENT DOCKS48RMJ---03-17-2003-18-20---JRJR---REMOVED LINEADDED PLATTED PL---08 OF 08SUBJECT PROPERTY30'
23'30'31'35'42'41'35'25'35'27'2
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'20'29'39'3.C.bPacket Pg. 135Attachment: Attachment A - Staff Exhibits - Plans - Survey - Posting (13506 : PL20190002626 BDE 207
3.C.bPacket Pg. 136Attachment: Attachment A - Staff Exhibits - Plans - Survey - Posting (13506 : PL20190002626 BDE 207 Bayfront Drive)
3.C.bPacket Pg. 137Attachment: Attachment A - Staff Exhibits - Plans - Survey - Posting (13506 : PL20190002626 BDE 207 Bayfront Drive)
3.C.bPacket Pg. 138Attachment: Attachment A - Staff Exhibits - Plans - Survey - Posting (13506 : PL20190002626 BDE 207 Bayfront Drive)
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Packet Pg. 139 Attachment: Attachment B - Agent Back Up Materials Package (13506 : PL20190002626 BDE 207 Bayfront Drive)
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Packet Pg. 140 Attachment: Attachment B - Agent Back Up Materials Package (13506 : PL20190002626 BDE 207 Bayfront Drive)
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Packet Pg. 141 Attachment: Attachment B - Agent Back Up Materials Package (13506 : PL20190002626 BDE 207 Bayfront Drive)
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Packet Pg. 142 Attachment: Attachment B - Agent Back Up Materials Package (13506 : PL20190002626 BDE 207 Bayfront Drive)
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Packet Pg. 143 Attachment: Attachment B - Agent Back Up Materials Package (13506 : PL20190002626 BDE 207 Bayfront Drive)
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Packet Pg. 144 Attachment: Attachment B - Agent Back Up Materials Package (13506 : PL20190002626 BDE 207 Bayfront Drive)
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Packet Pg. 145 Attachment: Attachment B - Agent Back Up Materials Package (13506 : PL20190002626 BDE 207 Bayfront Drive)
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Packet Pg. 146 Attachment: Attachment B - Agent Back Up Materials Package (13506 : PL20190002626 BDE 207 Bayfront Drive)
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Packet Pg. 147 Attachment: Attachment B - Agent Back Up Materials Package (13506 : PL20190002626 BDE 207 Bayfront Drive)
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.)
The subject property is zoned as a single-family residential property which
warrants no more than 2 slips per the CC-LDC. The proposed project consists of
one dock with one boatlift to accommodate only one vessel up to 30-feet. The
proposed dock extends out 39-feet from the rip-rap line therefore we are requesting
a 19-foot boat dock extension from the allowed 20-feet.
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.)
The reason for this BDE request is based on the upland property shoreline
consisting of a natural mangrove shoreline which we are trying to avoid impacting
by extending the proposed dock out past the mangrove fringe. The dock has been
designed to be consistent with all the other docks previously approved along the
subject waterway.
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.)
The proposed docking facility is consistent with the other docks along the subject
shoreline. As proposed the dock and boatlift will not impact navigation as there is
no thread of channel within this waterway but as proposed the dock will maintain
the required 50% open for navigation. The proposed dock is consistent with all the
others previously approved docks on the subject waterway.
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Packet Pg. 148 Attachment: Attachment B - Agent Back Up Materials Package (13506 : PL20190002626 BDE 207 Bayfront Drive)
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.)
The approximate waterway width is 144-feet wide. The proposed dock protrusion is
35-feet from the mean high-water line (MHWL) which is under 25% width of the
waterway from MHWL to MHWL.
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.)
The proposed docking facility originates from an upland single-family residential lot
with a residence currently being constructed. As proposed the dock will not
interfere with any of the neighboring views or access based on their current layout.
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Packet Pg. 149 Attachment: Attachment B - Agent Back Up Materials Package (13506 : PL20190002626 BDE 207 Bayfront Drive)
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.)
The subject property shoreline consists of a natural mangrove fringe which the
applicant would like to keep in its natural state. Therefore, the proposed dock will
need to extend out past the mangroves which is the driving factor for the BDE
request.
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.)
The proposed docking facility is 5-feet wide by 31-feet long and will consist of 334
square feet of decking. As designed this dock is consistent with the other previously
approved docks along this shoreline and will provide enough space for typical access
and maintenance of the vessels on-site.
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.)
The proposed vessel size to be kept on-site is 30-feet long. This exceeds 50% of the
subject property’s linear shoreline, therefore this criterion is not meet.
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.)
As proposed the dock has been designed within the designated property lines and is
consistent with others on this waterway. Therefore, no impacts to neighboring
property views of the waterway will result from the proposed 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.)
There are no seagrass beds present on the property nor the neighboring properties
within 200’ of the existing dock structure
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Packet Pg. 150 Attachment: Attachment B - Agent Back Up Materials Package (13506 : PL20190002626 BDE 207 Bayfront Drive)
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.)
The proposed work is for a single-family docking facility and therefore not subject
to Manatee Protection Requirements
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STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 26.324697<> LONGITUDE:W 81.839568SITE ADDRESS:<> 207 BAYFRONT DRBONITA SPRINGS, FL 34134Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19111.00 grant-207 bayfront dr bde\CAD\PERMIT-COUNTY\19111.00-COUNTY.dwg LOCATION 4/22/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ10-24-1919111.00RMJ625GRANT DOCKLOCATION PAGE48RMJRMJ--03-17-2003-18-2004-22-20--JRJRJR--PGS 03-04, 06-08PGS 02-04, 06-08PGS 3-4--01 OF 08COLLIER COUNTYCOLLIER COUNTY)7.(1(/':+%1)7.(1(/':+%18588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTY3.C.cPacket Pg. 154Attachment: Attachment B - Agent Back Up Materials Package (13506 : PL20190002626 BDE 207 Bayfront
NESW0153060SCALE IN FEETSITE ADDRESS:,207 BAYFRONT DRBONITA SPRINGSFL34134Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19111.00 grant-207 bayfront dr bde\CAD\PERMIT-COUNTY\19111.00-COUNTY.dwg EX AERIAL 4/22/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ10-24-1919111.00RMJ625GRANT DOCKEXISTING SITE AERIAL48----03-18-20----JR----ADDED PLATTED PL----02 OF 08·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"DAGOSTINO & WOOD, INC."09-19-19-0.55'-.01'86'0.00144'VEGETATIONLINEMHWL = -0.01(NAVD88)TOE OFRIPRAPTOP OFRIPRAPVEGETATIONLINEL
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p:\19111.00 grant-207 bayfront dr bde\CAD\PERMIT-COUNTY\19111.00-COUNTY.dwg 4/22/2020Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19111.00 grant-207 bayfront dr bde\CAD\PERMIT-COUNTY\19111.00-COUNTY.dwg PRO AERIAL 4/22/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ10-24-1919111.00RMJ625GRANT DOCKPROPOSED SITE PLAN WITH DIMENSIONS48RMJRMJ--03-17-2003-18-2004-22-20--JRJRJR--REMOVED LINEADDED PLATTED PLREVISED NOTE--03 OF 08NESW0102040SCALE IN FEETVEGETATIONLINEMHWL = -0.01 (NAVD88)TOE OFRIPRAPTOP OFRIPRAPVEGETATIONLINERIPARIANLINERIPARIANLINERIPARIAN LINESETBACKL
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BAYVEGETATIONLINE20'39'3
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'SUBJECTPROPERTY39'3
0
'·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MOST RESTRICTIVE:"DAGOSTINO & WOOD, INC."09-19-19-0.55'-.01'86'0.00144'33433439'PLATTEDPROPERTYLINE3.C.cPacket Pg. 156Attachment: Attachment B - Agent Back Up Materials Package (13506 : PL20190002626 BDE 207 Bayfront
Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19111.00 grant-207 bayfront dr bde\CAD\PERMIT-COUNTY\19111.00-COUNTY.dwg PRO LINE 4/22/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ10-24-1919111.00RMJ625GRANT DOCKPROPOSED SITE PLAN WITH DEPTHS48RMJRMJ--03-17-2003-18-2004-22-20--JRJRJR--REMOVED LINEADDED PLATTED PLREV NOTE--04 OF 08NESW0102040SCALE IN FEETVEGETATIONLINETOE OFRIPRAPTOP OFRIPRAPVEGETATIONLINERIPARIANLINERIPARIANLINERIPARIAN LINESETBACKL
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ICKORY
BAYVEGETATIONLINEMHWL = -0.01(NAVD88)·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MOST RESTRICTIVE:"DAGOSTINO & WOOD, INC."09-19-19-0.55'-.01'86'0.00144'33433439'PLATTEDPROPERTYLINE3.C.cPacket Pg. 157Attachment: Attachment B - Agent Back Up Materials Package (13506 : PL20190002626 BDE 207 Bayfront
03510SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19111.00 grant-207 bayfront dr bde\CAD\PERMIT-COUNTY\19111.00-COUNTY.dwg SECTION 4/22/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ10-24-1919111.00-625GRANT DOCKCROSS SECTION48-------------------05 OF 08N.T.E.10'5'20'MHWL(NAVD)=-0.01MLWL(NAVD)=-0.5535'X-3.6X-6.5X-12.814'ALL PILES TO BE PVCWRAPPED 12" ABOVEMHWL AND 6" BELOWSUBSTRATE39' PROTRUSION FROM MOST RESTRICTIVEPLATTEDPROPERTY LINE3.C.cPacket Pg. 158Attachment: Attachment B - Agent Back Up Materials Package (13506 : PL20190002626 BDE 207 Bayfront
NESW0204080SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19111.00 grant-207 bayfront dr bde\CAD\PERMIT-COUNTY\19111.00-COUNTY.dwg SUBMERGED 4/22/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ10-24-1919111.00RMJ625GRANT DOCKSUBMERGED RESOURCE SURVEY48RMJ---03-17-2003-18-20---JRJR---REMOVED LINEADDED PLATTED PL---06 OF 08163'170'10'2
0
0
'SRS-TRANSECT*NO SEA GRASSES WEREOBSERVED GROWING WITHIN 200'OF THE PROPOSED PROJECT3.C.cPacket Pg. 159Attachment: Attachment B - Agent Back Up Materials Package (13506 : PL20190002626 BDE 207 Bayfront
NESW0153060SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19111.00 grant-207 bayfront dr bde\CAD\PERMIT-COUNTY\19111.00-COUNTY.dwg WIDTH OF WATER WAY 4/22/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ10-24-1919111.00RMJ625GRANT DOCKWIDTH OF WATER WAY48RMJ---03-17-2003-18-20---JRJR---REMOVED LINEADDED PLATTED PL---07 OF 08144'SUBJECT PROPERTY144'3.C.cPacket Pg. 160Attachment: Attachment B - Agent Back Up Materials Package (13506 : PL20190002626 BDE 207 Bayfront
NESW04896192SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19111.00 grant-207 bayfront dr bde\CAD\PERMIT-COUNTY\19111.00-COUNTY.dwg ADJACENT DOCKS 4/22/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ10-24-1919111.00RMJ625GRANT DOCKADJACENT DOCKS48RMJ---03-17-2003-18-20---JRJR---REMOVED LINEADDED PLATTED PL---08 OF 08SUBJECT PROPERTY30'
23'30'31'35'42'41'35'25'35'27'2
3
'20'29'39'3.C.cPacket Pg. 161Attachment: Attachment B - Agent Back Up Materials Package (13506 : PL20190002626 BDE 207 Bayfront
3.C.cPacket Pg. 162Attachment: Attachment B - Agent Back Up Materials Package (13506 : PL20190002626 BDE 207 Bayfront Drive)
GRANT DOCK
207 BAYFRONT DRIVE
BONITA SPRINGS, FL 34134
SUBMERGED RESOURCE SURVEY
SEPTEMBER 13, 2019
PREPARED BY:
TURRELL, HALL & ASSOCIATES, INC
3584 EXCHANGE AVENUE, STE B
NAPLES, FL 34104
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Packet Pg. 163 Attachment: Attachment B - Agent Back Up Materials Package (13506 : PL20190002626 BDE 207 Bayfront Drive)
Grant Dock – 207 Bayfront Dr
Submerged Resource Survey
September 13, 2019
2
1.0 INTRODUCTION
The Grant residence is located at 207 Bayfront Drive and can be identified by parcel
#23095002702. The property is bound to the East and West by single family residences, to the
North by Little Hickory Bay and to the South by Bayfront Drive. The property is located at Section
06, Township 48 S, and Range 25 E. The landward portion of the property currently contains a
single-family residence under construction.
Turrell, Hall & Associates was contracted to provide environmental permitting services pertaining
to the proposed boatlift and the Collier County BDE process, which includes the completion of a
Submerged Resource Survey (SRS). This survey will provide planning and assistance to both the
owner(s) and government agencies reviewing the proposed project. The proposed project consists
of permitting the installation of the proposed dock and boatlift to accommodate one vessel up to
30-feet in length.
The SRS survey was conducted on September 13, 2019. Surface conditions consisted of partly
cloudy skies, light winds out of the east, and an air temperature of 90° F. The tide was at mid-level
upon arrival to the site, allowing for observance of some of the bottom lands along the mangrove
shoreline. High tide at the project site occurred at 3:51 P.M. (2.9 ft.) and low tide occurred at 9:35
A.M. (0.3 ft.). The water temperature was 84° F.
2.0 OBJECTIVE
The objective of the submerged resource survey was to identify and locate any existing submerged
resources within 200’ of the proposed project. The survey provided onsite environmental
information to help determine if the proposed project would impact any existing submerged
resources and if so would assist in reconfiguring the proposed boatlift location in order to minimize
any impacts. The general scope of work performed at the site is summarized below.
• Turrell, Hall & Associates personnel conducted a site visit in order to verify the location
of any submerged resources.
• Turrell, Hall & Associates personnel identified submerged resources at the site (or the lack
there of), estimated the percent coverage, and delineated the approximate limits of any
submerged resources observed.
• Turrell, Hall & Associates personnel delineated limits via a handheld GPS (Garmin Model
76csx).
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Packet Pg. 164 Attachment: Attachment B - Agent Back Up Materials Package (13506 : PL20190002626 BDE 207 Bayfront Drive)
Grant Dock – 207 Bayfront Dr
Submerged Resource Survey
September 13, 2019
3
3.0 METHODOLOGY
Turrell, Hall & Associates biologists intentionally designed the methodology of the Submerged
Resource Survey to cover the entire property shoreline as well as 200-feet surrounding the site.
The components for this survey included:
● Review of aerial photography of survey area
● Establish survey transects lines overlaid onto aerials
● Physically swim transects, GPS locate limits of submerged resources, and determine
approximate percent of coverage
● Document and photograph all findings
The survey area was evaluated systematically by following the established transects, spaced
approximately 10-feet apart as shown on the attached exhibit. The existing adjacent docks all
provided numerous reference points for easily identifiable land markers such as dock pilings which
assisted in maintaining position within each transect.
4.0 RESULTS
The substrate found within the surveyed area consists of 1 distinct classification: silt-muck with
some shell debris. This substrate was found throughout the entire surveyed area. The shoreline
consists of a natural mangrove shoreline which provides cover for a variety of fish as well as sessile
and motile invertebrates such as barnacles and mud crabs. Algae was observed covering parts of
the existing mangrove roots but was not observed in the underlying substrate. The majority of the
project site was devoid of submerged aquatic growth, presumably because of a combination of
shallow depths and poor water quality. Such conditions also create highly turbid waters, reducing
penetration of the water column by sunlight. A list of observed species can be seen below in Table
1.
Table 1 – Observed fish species
Common Name Scientific Name
Striped Mullet Mugil cephalus
Sheepshead Archosargus probatocephalus
Crevalle Jack Caranx hippos
Gray Snapper Lutjanus grisens
Barnacle Amphibalanus spp.
Mud Crab Panopius herbstii
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Packet Pg. 165 Attachment: Attachment B - Agent Back Up Materials Package (13506 : PL20190002626 BDE 207 Bayfront Drive)
Grant Dock – 207 Bayfront Dr
Submerged Resource Survey
September 13, 2019
4
5.0 CONCLUSIONS
The submerged resource survey conducted at the project site yielded few findings at best.
barnacles, mud crabs, and a variety of fish were all observed in and around the existing mangrove
shoreline. Algae was observed on parts of the substrate, but nowhere else around the project site.
Seagrasses were not observed anywhere within 200-feet of the project site. All fish species were
observed swimming in and around the shoreline.
Negative impacts to submerged resources are not expected with the proposed project.
Mangrove shoreline
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Packet Pg. 166 Attachment: Attachment B - Agent Back Up Materials Package (13506 : PL20190002626 BDE 207 Bayfront Drive)
Grant Dock – 207 Bayfront Dr
Submerged Resource Survey
September 13, 2019
5
TYPICAL BOTTOM SEDIMENT
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Packet Pg. 167 Attachment: Attachment B - Agent Back Up Materials Package (13506 : PL20190002626 BDE 207 Bayfront Drive)
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Packet Pg. 168 Attachment: Hybrid Virtual Quasi Waiver (13506 : PL20190002626 BDE 207 Bayfront Drive)
09/24/2020
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.D
Item Summary: PETITION NO. VA-PL20190001921 - Titan Lane Communication Tower
Maximillian Beyrent and Eco-Site LLC request three variances from LDC Section 4.02.01 to reduce the
minimum rear yard setback for wireless communication tower equipment from 50 foot to 29 feet for the
north setback, 31.2 feet for the north setback, and 23.9 feet for the north setback for equipment cabinets, a
variance from LDC Section 5.05.09 to reduce the minimum communication tower height setback from 70
foot to 15.7 feet for the north setback, a variance from LDC Section 4.06.05 to reduce the minimum
landscape buffer width from 20 feet to 10 feet for the north and south perimeter buffers. The property is
located at Tract G of the Sherwood Park Natural Preserve Area, in Section 34, Township 49 South, Range
36 East, Collier County, Florida. (Coordinator: James Sabo, Principal Planner)
Meeting Date: 09/24/2020
Prepared by:
Title: – Zoning
Name: James Sabo
09/08/2020 6:35 PM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
09/08/2020 6:35 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Rose Burke Review Item Completed 09/10/2020 3:33 PM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 09/14/2020 7:47 PM
Zoning Ray Bellows Review Item Completed 09/15/2020 1:35 PM
Zoning Anita Jenkins Review Item Completed 09/16/2020 8:45 AM
Hearing Examiner Andrew Dickman Meeting Pending 09/24/2020 9:00 AM
3.D
Packet Pg. 169
VA-PL20190001921, Titan Lane Variance
September 24, 2020
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: GROWTH MANAGEMENT DEPARTMENT
ZONING DIVISION-ZONING SERVICES SECTION
HEARING DATE: SEPTEMBER 24, 2020
SUBJECT: PETITION VA-PL20190001921, TITAN LANE VARIANCE
_____________________________________________________________________________
PROPERTY OWNER/AGENT:
Property Owner/Applicant: Agent:
Maximilian Beyrent Deborah L. Martohue, AICP
Eco-Site II, LLC 1036 23rd Avenue North
1010 Sync Street suite 575 St. Petersburg, FL 33704
Morrisville, NC 27560
REQUESTED ACTION:
Request the Collier County Hearing Examiner to consider a request for three variances from LDC
Section 4.02.01 to reduce the minimum rear yard setback for wireless communication tower
equipment from 50 foot to 29 feet for the north setback, 31.2 feet for the north setback, and 23.9
feet for the north setback for equipment cabinets, a variance from LDC Section 5.05.09 to reduce
the minimum communication tower height setback from 70 feet to 15.7 feet for the north setback,
a variance from LDC Section 4.06.05 to reduce the minimum landscape buffer width from 20 feet
to 10 feet for the north and south perimeter buffers. The request is related to cell tower equipment,
concrete pads, and a cell tower monopole located in an agricultural zone district near I-75.
GEOGRAPHIC LOCATION:
The subject property is an unimproved lot and is located near the terminus of Pine Vale Drive in
the Palm Springs residential subdivision. The legal description for the property is metes and
bounds and measures approximately 86 feet by 594 feet by 310 feet or 0.23 acres. and is located
north of the intersection of Davis Boulevard and Radio Road in Section 34, Township 49 South,
Range 26 East, Collier County, Florida. (See location map, on page two).
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September 24, 2020
PURPOSE/DESCRIPTION OF PROJECT: 3.D.aPacket Pg. 171Attachment: Final STAFF REPORT PL19-1921 Titan Lane Cell (13476 : VA PL20190001921 Titan Lane
VA-PL20190001921, Titan Lane Variance
September 24, 2020
The subject property is zoned A, Rural Agricultural District. The entire lot is a triangular parcel
abutting Palm Springs Park to the south and the I-75 right-of-way to the north. The applicant
proposes to lease only a portion of the parcel. The applicant proposes a 140’ monopole wireless
communications tower with a 5’ lightening rod for an overall height of 145 feet. The tower is
designed to accommodate four wireless providers. There is a ground equipment compound
proposed for the wireless providers with an area of 6,276 s.f. The compound is surrounded by a
perimeter wall at 8 feet high and consisting of architecturally finished concrete material. A
landscape buffer is proposed and a 12’-0” swing access gate. A 30’ wide access and utility
easement is located immediately south of the compound and runs westerly to connect to the 60-
foot wide platted public easement that runs southerly and connects to the Palm Lake Drive platted
public right-of-way. The applicant states that the un-manned facility is typically maintained once
or twice per month and does not generate daily AM/PM peak hour trips. The applicant was not
required to provide a Traffic Impact Statement. The tower site plan is included as Attachment A.
The project will include a 42-foot wide Preserve Area along the full length of the western
boundary. The perimeter landscape buffer surrounding the compound is 3,724 s.f. plus an
additional landscape buffer mitigation area containing 4,286 s.f. The Interstate 75 right-of-way
abuts the proposed site to the north and the Palm Springs Park abuts the project to the south. The
Sherwood Park PUD preserve area is located to the west and the Saddlebrook PUD is located to
east. The applicant included an Environment Impact Statement (EIS). The EIS was prepared by
Trileaf and was reviewed and approved by the Environmental Services staff. The survey is
included as Attachment B.
Since a new wireless communication tower is proposed, it must meet the LDC setback standards
for communication towers. As stated, the new pole is proposed within a new equipment compound
on a vacant parcel abutting the I-75 right-of-way. The applicant has provided a set of plan drawings
showing the proposed dimensions for the new communication tower, the equipment compound,
and proposed landscape buffer. The plan drawings are included in the backup material.
The applicant meets and exceeds the tower separation setback requirements set forth in Section
5.05.09.G.7.b. of the LDC for all adjacent boundaries except the boundary to the north abutting
I-75. The proposed tower is setback at ½ its tower height from the South boundary, and more
than three times its height from the PUD to the west and RSF-4 zoned apartments to the southwest.
The Applicant is seeking a variance from setbacks from the North boundary abutting I-75 and in
support thereof is providing revised Structural Report and Fall Zone letter dated 10-24-2019
prepared by Ehresmann Engineering providing a collapse zone within the boundaries of the
Parent Tract which is also coterminous with the Leased Parcel. Section 4.06.05.B.2 of the Code
requires a solid masonry wall plus a 20’ foot landscape buffer. The project does not require any
public services or facilities, except fire, and requires only electrical hook up. Irrigation will be
provided by a well. No dredging or filling is required. The Property is heavily vegetated and
comprised of 100% Pine Flatwoods upland. The tower elevation drawing is included as
Attachment C.
Variance Requests:
The applicant states as a direct result of the size, triangular shape and location of the property,
several setback variances for the monopole and ground equipment are necessary, as well as
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Packet Pg. 172 Attachment: Final STAFF REPORT PL19-1921 Titan Lane Cell (13476 : VA PL20190001921 Titan Lane Communication Tower)
VA-PL20190001921, Titan Lane Variance
September 24, 2020
variances from the required landscape buffer width on the North and South side of the compound.
The applicant is requesting variances from Section 4.02.01 to reduce the minimum rear yard
setback for wireless communication tower equipment as follows:
Equipment Setback Interior
North property line: required 50 feet, proposed 29 feet (21 feet variance)
North property line: required 50 feet, proposed 31 feet 2 inches (18 feet 10 inches variance)
North property line: required 50 feet, proposed 23 feet 9 inches (26 feet 3 inches variance)
Tower Setback 140-foot height
North property line: required 70 feet, proposed 15 feet 7 inches (54 feet 5 inches variance)
Landscape Buffer Variance
The applicant is requesting a variance from Section 4.06.05.B.2 of the Code, which requires a solid
masonry wall plus a 20’ foot landscape buffer to be provided around the perimeter of the equipment
compound. The current proposed plan provides a 20’ foot perimeter landscape buffer on the East
and West sides of the compound as required by Code.
The applicant requests a variance for a 10’ foot perimeter landscape buffer and wall on the north
and south sides, which is a 10’ variance from the 20’ landscape buffer width requirement.
To mitigate the variance request, the applicant is providing an average width of 47 feet of
additional landscape buffer on the West side of the compound, which adds approximately 4,286
s.f. of landscaped buffer screening for the compound. The proposed buffer will include existing
mature landscape vegetation.
The applicant states that the wedge shape of the parcel and the optimal location for the tower
placement are factors contributing to the inability to provide the 20’ foot landscape buffer around
the entire compound perimeter. Additionally, the applicant states that the need for a 30’ utility
and access easement is a site constraint that prevents the expansion of the buffer to the south of
the compound; and the I-75 right-of-way prevents expansion of the landscape buffer to the North.
The landscape plan is included as Attachment D.
SURROUNDING LAND USE & ZONING:
SUBJECT PARCEL: Vacant wooded, zoned A, Agricultural
North: Freeway, Interstate 75 Right-of-Way
East: Multiple-family residential, zoned PUD Saddlebrook
South: Park, single-family residential, zoned P, parks, and RSF-4
West: Vacant, zoned PUD, Sherwood Park
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Packet Pg. 173 Attachment: Final STAFF REPORT PL19-1921 Titan Lane Cell (13476 : VA PL20190001921 Titan Lane Communication Tower)
VA-PL20190001921, Titan Lane Variance
September 24, 2020
AERIAL
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject property is in the Urban Residential Subdistrict land use classification on the County’s
Future Land Use Map (FLUM). This land use category is designed to accommodate a variety of
residential uses including single-family, multi-family, duplex, mobile home and mixed-use
projects. As stated, the applicant seeks a Variance for a communication tower setback dimension
for an electrical substation location, which is an authorized land use. Accordingly, the public utility
land use is consistent with the FLUM. The Growth Management Plan does not address individual
Variance requests related to land use.
STAFF ANALYSIS:
The decision to grant a Variance is based on the criteria in LDC Section 9.04.03. The Zoning
Division has analyzed this petition and offers the following responses:
a. Are there special conditions and circumstances existing, which are peculiar to the
location, size and characteristics of the land, structure or building involved?
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VA-PL20190001921, Titan Lane Variance
September 24, 2020
Yes, there are peculiar characteristics based on the triangular shape of the parcel. The
applicant has ensured that the setback to the residential buildings to the south have been met.
The triangle shape creates a practical difficulty in meeting the north boundary. The
communication facility is categorized as an essential service and provides access to cellular
phone and data service. The surrounding PUD residential uses benefit from these services.
Based on current telephone and data service technology, service is provided via an elevated
tower, which requires proximity to many residential land uses. There exists a practical
difficulty in this case as communication towers are permitted in the Agricultural district near
PUD zoning, but the setback requirements are very difficult to meet.
b. Are there special conditions and circumstances, which do not result from the action of
the applicant such as pre-existing conditions relative to the property, which are the
subject of the Variance request?
Yes. The pre-existing conditions at the site are not a result of the actions of the petitioner.
The parcel is triangular. There is a pre-existing condition, and the applicant has not created
the hardship for the property.
c. Will a literal interpretation of the provisions of this zoning code work unnecessary and
undue hardship on the applicant or create practical difficulties for the applicant?
Yes. The property owner is permitted to locate communication towers on the property, but
surrounding residential uses make it very difficult to meet the LDC setback standards. Since
a literal interpretation of the zoning code would not allow installation of a communication
tower, the provisions of the zoning code will work unnecessary and undue hardship on the
applicant.
d. Will the Variance, if granted, be the minimum Variance that will make possible the
reasonable use of the land, building or structure and which promote standards of
health, safety and welfare?
Yes. The Variance, if granted, will be the minimum possible and results in very little change
to the existing property conditions.
e. Will granting the Variance confer on the applicant any special privilege that is denied
by these zoning regulations to other lands, buildings, or structures in the same zoning
district?
No. Granting the Variance provides relief to the property owner for a potential
nonconforming condition that is not a result of their actions. The proposed communication
tower is a permitted use but cannot meet LDC provisions based on the shape of the parcel.
The Variance would not confer a special privilege.
f. Will granting the Variance be in harmony with the general intent and purpose of this
Land Development Code, and not be injurious to the neighborhood, or otherwise
detrimental to the public welfare?
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Packet Pg. 175 Attachment: Final STAFF REPORT PL19-1921 Titan Lane Cell (13476 : VA PL20190001921 Titan Lane Communication Tower)
VA-PL20190001921, Titan Lane Variance
September 24, 2020
Yes. The general intent of the LDC for agricultural and nearby residential zone districts is
to promote lands for single-family housing in areas of low density. While the Variance
request is not for single-family residential purposes, the public utility nature of the request
would not be detrimental to public welfare. Granting the Variance will be in harmony with
the general intent of the LDC.
g. Are there natural conditions or physically induced conditions that ameliorate the goals
and objectives of the regulation such as natural preserves, lakes, golf courses, etc.?
Yes, there is a park to the south and the I-75 freeway r.o.w. is to the north. The proposed
communication tower will maintain much of the same vegetative screen material that exists.
If the Variance is granted, conditions at the subject property will not substantially change.
h. Will granting the Variance be consistent with the GMP?
Approval of this Variance will be consistent with the Collier County GMP.
RECOMMENDATION:
The Zoning Division recommends that the Collier County Hearing Examiner approve petition VA-
PL20190001921, Titan Lane Communication Facility Variances.
Attachments:
A) Tower Site Plan
B) Boundary Survey
C) Tower Elevation Sheet
D) Landscape Plan
E) Fall Zone letter
F) Backup Material
3.D.a
Packet Pg. 176 Attachment: Final STAFF REPORT PL19-1921 Titan Lane Cell (13476 : VA PL20190001921 Titan Lane Communication Tower)
MORRISON HERSHFIELD CORPORATION. NEITHER
AND SPECIFICATIONS REMAIN THE PROPERTY OF
SUPERSEDED BY THE LATEST REVISION. ALL DRAWINGS
APPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARE
SHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTEN
OMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORK
DIMENSIONS AND ADVISE CONSULTANTS OF ANY ERRORS OR
MORRISON HERSHFIELD NOR THE ARCHITECT WILL
BE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.
DO NOT SCALE DRAWINGS. CONTRACTOR MUST VERIFY ALL
MORRISON HERSHFIELD CORPORATION. NEITHER
AND SPECIFICATIONS REMAIN THE PROPERTY OF
SUPERSEDED BY THE LATEST REVISION. ALL DRAWINGS
APPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARE
SHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTEN
OMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORK
MORRISON HERSHFIELD NOR THE ARCHITECT WILL
BE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.
Two South University Drive, Suite 245,
Plantation, FL 33324
Tel: 954.577.4655 Fax: 954.577.4656
STATE OF FLORIDA CO# 00008508
www.morrisonhershfield.com
1010 SYNC ST., SUITE 575
TITAN LANE
FL-0092
6NC1114
Know what's below.
before you dig.Call
R
3.D.b
Packet Pg. 177 Attachment: Attachment A Tower Site Plan (13476 : VA PL20190001921 Titan Lane Communication
3.D.cPacket Pg. 178Attachment: Attachment B Survey 06-18-2019 (13476 : VA PL20190001921 Titan Lane Communication Tower)
3.D.cPacket Pg. 179Attachment: Attachment B Survey 06-18-2019 (13476 : VA PL20190001921 Titan Lane Communication Tower)
3.D.cPacket Pg. 180Attachment: Attachment B Survey 06-18-2019 (13476 : VA PL20190001921 Titan Lane Communication Tower)
MORRISON HERSHFIELD CORPORATION. NEITHER
AND SPECIFICATIONS REMAIN THE PROPERTY OF
SUPERSEDED BY THE LATEST REVISION. ALL DRAWINGS
APPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARE
SHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTEN
OMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORK
DIMENSIONS AND ADVISE CONSULTANTS OF ANY ERRORS OR
MORRISON HERSHFIELD NOR THE ARCHITECT WILL
BE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.
DO NOT SCALE DRAWINGS. CONTRACTOR MUST VERIFY ALL
MORRISON HERSHFIELD CORPORATION. NEITHER
AND SPECIFICATIONS REMAIN THE PROPERTY OF
SUPERSEDED BY THE LATEST REVISION. ALL DRAWINGS
APPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARE
SHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTEN
OMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORK
MORRISON HERSHFIELD NOR THE ARCHITECT WILL
BE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.
Two South University Drive, Suite 245,
Plantation, FL 33324
Tel: 954.577.4655 Fax: 954.577.4656
STATE OF FLORIDA CO# 00008508
www.morrisonhershfield.com
1010 SYNC ST., SUITE 575
TITAN LANE
FL-0092
6NC1114
3.D.d
Packet Pg. 181 Attachment: Attachment C Tower Elevation (13476 : VA PL20190001921 Titan Lane Communication
PLANT_SCHEDULE
TREES
SHRUB AREAS
GROUND COVERS / MISCELLANEOUS
QV 13 Quercus virginiana/ B&B/ as shown 14' oah. 3"Ccal Yes Low Standard form, 6' min. c.t. min.
Live Oak
CODE QTY BOTANICAL/COMMON NAME CONT. SIZE/SPACING DIMENSIONS NATIVE WATER USE
CODE QTY BOTANICAL/COMMON NAME CONT. SIZE/SPACING DIMENSIONS NATIVE WATER USE
CODE QTY BOTANICAL/COMMON SIZE DIMENSIONS REMARKS
CHI 232 Chrysobalanus icaco 'Red Tip' / 3 gal @ 24"oc 30" ht. x 24" spr. Yes Low
Red Tip Cocoplum
TRF 26 Tripsicum floridianum/ 3 gal @ 24"oc 18" ht. x 12" spr. Yes Mod
Dwarf Fakahatchee Grass
COE 108 Conocarpus erectus/ 15 gal @ 36"oc 6' ht. x 3' spr. Yes Low
Green Buttonwood
MIS 87 Mimosa stragilosa/ 1 gal @ 18"oc 8" ht. x 12" spr. Yes Low
Sunshine Mimosa
SOD 2,000 Stenotaphrum secundatum / St. Augustine Grass S.F. Contractor to verify qty.
REMARKS
REMARKS
MORRISON HERSHFIELD CORPORATION. NEITHER
AND SPECIFICATIONS REMAIN THE PROPERTY OF
SUPERSEDED BY THE LATEST REVISION. ALL DRAWINGS
APPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARE
SHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTEN
OMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORK
DIMENSIONS AND ADVISE CONSULTANTS OF ANY ERRORS OR
MORRISON HERSHFIELD NOR THE ARCHITECT WILL
BE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.
DO NOT SCALE DRAWINGS. CONTRACTOR MUST VERIFY ALL
MORRISON HERSHFIELD CORPORATION. NEITHER
AND SPECIFICATIONS REMAIN THE PROPERTY OF
SUPERSEDED BY THE LATEST REVISION. ALL DRAWINGS
APPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARE
SHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTEN
OMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORK
MORRISON HERSHFIELD NOR THE ARCHITECT WILL
BE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.
Two South University Drive, Suite 245,
Plantation, FL 33324
Tel: 954.577.4655 Fax: 954.577.4656
STATE OF FLORIDA CO# 00008508
www.morrisonhershfield.com
1010 SYNC ST., SUITE 575
TITAN LANE
FL-0092
6NC1114
Know what's below.
before you dig.Call
R
NOTES:
SPECIES LIST
LARGE CANOPY:
MEDIUM CANOPY:
SHRUBS:
GROUNDCOVER:
3.D.e
Packet Pg. 182 Attachment: Attachment D Landscape Plan (13476 : VA PL20190001921 Titan Lane Communication
1
May 24, 2019
Steven Quaresima
Eco-Site
240 Leigh Farm Rd., Suite 415
Durham, NC 27707
Subject: 140 Ehresmann Engineering, Inc. Monopole
Site: FL-0092 Titan Lane
Location: Naples, FL (Collier County)
EEI JO: 103890-19
As requested, we have designed and can furnish a 140 monopole
to be located in Naples, FL in Collier County. The site will be called FL-0092 Titan Ln.
Address: 601 Palm Lake Drive
Naples, FL 34104
Coordinates: 26-09-43.748 N
81-41-42.730 W
The monopole will be designed as follows:
- In accordance with the Telecommunications Industry Association TIA-222-H Standard
- 163 mph wind with no ice (3-Sec Gust)
- 60 mph wind with no ice (service)
- Risk Category II
- Exposure Category C
- Topographic Category 1
Design loading will be included as outlined on stamped drawing #103890E01.
4400 West 31st St Yankton, SD 57078
Phone: (605) 665-7532 Fax: (605) 665-9780
http://www.ehresmannengineering.com
E-Mail: e.heine@ehresmannengineering.com
3.D.f
Packet Pg. 183 Attachment: Attachment E Fall Zone (13476 : VA PL20190001921 Titan Lane Communication Tower)
3.D.f
Packet Pg. 184 Attachment: Attachment E Fall Zone (13476 : VA PL20190001921 Titan Lane Communication Tower)
3.D.g
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Packet Pg. 229 Attachment: Back-up PL20190001921-A (13476 : VA PL20190001921 Titan Lane Communication Tower)
MORRISON HERSHFIELD CORPORATION. NEITHER AND SPECIFICATIONS REMAIN THE PROPERTY OFSUPERSEDED BY THE LATEST REVISION. ALL DRAWINGSAPPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARESHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTENOMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORKDIMENSIONS AND ADVISE CONSULTANTS OF ANY ERRORS ORMORRISON HERSHFIELD NOR THE ARCHITECT WILLBE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.DO NOT SCALE DRAWINGS. CONTRACTOR MUST VERIFY ALLMORRISON HERSHFIELD CORPORATION. NEITHER AND SPECIFICATIONS REMAIN THE PROPERTY OFSUPERSEDED BY THE LATEST REVISION. ALL DRAWINGSAPPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARESHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTENOMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORKMORRISON HERSHFIELD NOR THE ARCHITECT WILLBE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.Two South University Drive, Suite 245,Plantation, FL 33324Tel: 954.577.4655 Fax: 954.577.4656STATE OF FLORIDA CO# 00008508www.morrisonhershfield.com1010 SYNC ST., SUITE 575MORRISVILLE, NC 27560TITAN LANEFL-00926NC1114FOLIO #:PROJECT TYPE:SITE NAME:CELLULAR RAWLAND SITETITAN LANEECO-SITE NUMBER:FL-0092PROJECTSITEPROJECTSITExxxxxT-MOBILE SITE ID:6NC1114002973200013.D.gPacket Pg. 230Attachment: Back-up PL20190001921-A (13476 : VA PL20190001921 Titan Lane Communication Tower)
MORRISON HERSHFIELD CORPORATION. NEITHER AND SPECIFICATIONS REMAIN THE PROPERTY OFSUPERSEDED BY THE LATEST REVISION. ALL DRAWINGSAPPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARESHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTENOMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORKDIMENSIONS AND ADVISE CONSULTANTS OF ANY ERRORS ORMORRISON HERSHFIELD NOR THE ARCHITECT WILLBE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.DO NOT SCALE DRAWINGS. CONTRACTOR MUST VERIFY ALLMORRISON HERSHFIELD CORPORATION. NEITHER AND SPECIFICATIONS REMAIN THE PROPERTY OFSUPERSEDED BY THE LATEST REVISION. ALL DRAWINGSAPPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARESHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTENOMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORKMORRISON HERSHFIELD NOR THE ARCHITECT WILLBE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.Two South University Drive, Suite 245,Plantation, FL 33324Tel: 954.577.4655 Fax: 954.577.4656STATE OF FLORIDA CO# 00008508www.morrisonhershfield.com1010 SYNC ST., SUITE 575MORRISVILLE, NC 27560TITAN LANEFL-00926NC1114xxxxxxxxxxxxxx3.D.gPacket Pg. 231Attachment: Back-up PL20190001921-A (13476 : VA PL20190001921 Titan Lane Communication Tower)
MORRISON HERSHFIELD CORPORATION. NEITHER AND SPECIFICATIONS REMAIN THE PROPERTY OFSUPERSEDED BY THE LATEST REVISION. ALL DRAWINGSAPPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARESHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTENOMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORKDIMENSIONS AND ADVISE CONSULTANTS OF ANY ERRORS ORMORRISON HERSHFIELD NOR THE ARCHITECT WILLBE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.DO NOT SCALE DRAWINGS. CONTRACTOR MUST VERIFY ALLMORRISON HERSHFIELD CORPORATION. NEITHER AND SPECIFICATIONS REMAIN THE PROPERTY OFSUPERSEDED BY THE LATEST REVISION. ALL DRAWINGSAPPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARESHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTENOMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORKMORRISON HERSHFIELD NOR THE ARCHITECT WILLBE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.Two South University Drive, Suite 245,Plantation, FL 33324Tel: 954.577.4655 Fax: 954.577.4656STATE OF FLORIDA CO# 00008508www.morrisonhershfield.com1010 SYNC ST., SUITE 575MORRISVILLE, NC 27560TITAN LANEFL-00926NC11143.D.gPacket Pg. 232Attachment: Back-up PL20190001921-A (13476 : VA PL20190001921 Titan Lane Communication Tower)
3.D.gPacket Pg. 233Attachment: Back-up PL20190001921-A (13476 : VA PL20190001921 Titan Lane Communication Tower)
MORRISON HERSHFIELD CORPORATION. NEITHER AND SPECIFICATIONS REMAIN THE PROPERTY OFSUPERSEDED BY THE LATEST REVISION. ALL DRAWINGSAPPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARESHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTENOMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORKDIMENSIONS AND ADVISE CONSULTANTS OF ANY ERRORS ORMORRISON HERSHFIELD NOR THE ARCHITECT WILLBE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.DO NOT SCALE DRAWINGS. CONTRACTOR MUST VERIFY ALLMORRISON HERSHFIELD CORPORATION. NEITHER AND SPECIFICATIONS REMAIN THE PROPERTY OFSUPERSEDED BY THE LATEST REVISION. ALL DRAWINGSAPPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARESHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTENOMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORKMORRISON HERSHFIELD NOR THE ARCHITECT WILLBE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.Two South University Drive, Suite 245,Plantation, FL 33324Tel: 954.577.4655 Fax: 954.577.4656STATE OF FLORIDA CO# 00008508www.morrisonhershfield.com1010 SYNC ST., SUITE 575MORRISVILLE, NC 27560TITAN LANEFL-00926NC1114 “”3.D.gPacket Pg. 234Attachment: Back-up PL20190001921-A (13476 : VA PL20190001921 Titan Lane Communication Tower)
MORRISON HERSHFIELD CORPORATION. NEITHER AND SPECIFICATIONS REMAIN THE PROPERTY OFSUPERSEDED BY THE LATEST REVISION. ALL DRAWINGSAPPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARESHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTENOMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORKDIMENSIONS AND ADVISE CONSULTANTS OF ANY ERRORS ORMORRISON HERSHFIELD NOR THE ARCHITECT WILLBE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.DO NOT SCALE DRAWINGS. CONTRACTOR MUST VERIFY ALLMORRISON HERSHFIELD CORPORATION. NEITHER AND SPECIFICATIONS REMAIN THE PROPERTY OFSUPERSEDED BY THE LATEST REVISION. ALL DRAWINGSAPPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARESHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTENOMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORKMORRISON HERSHFIELD NOR THE ARCHITECT WILLBE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.Two South University Drive, Suite 245,Plantation, FL 33324Tel: 954.577.4655 Fax: 954.577.4656STATE OF FLORIDA CO# 00008508www.morrisonhershfield.com1010 SYNC ST., SUITE 575MORRISVILLE, NC 27560TITAN LANEFL-00926NC1114Know what'sbelow.before you dig.CallRC-23.D.gPacket Pg. 235Attachment: Back-up PL20190001921-A (13476 : VA PL20190001921 Titan Lane Communication Tower)
MORRISON HERSHFIELD CORPORATION. NEITHER AND SPECIFICATIONS REMAIN THE PROPERTY OFSUPERSEDED BY THE LATEST REVISION. ALL DRAWINGSAPPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARESHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTENOMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORKDIMENSIONS AND ADVISE CONSULTANTS OF ANY ERRORS ORMORRISON HERSHFIELD NOR THE ARCHITECT WILLBE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.DO NOT SCALE DRAWINGS. CONTRACTOR MUST VERIFY ALLMORRISON HERSHFIELD CORPORATION. NEITHER AND SPECIFICATIONS REMAIN THE PROPERTY OFSUPERSEDED BY THE LATEST REVISION. ALL DRAWINGSAPPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARESHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTENOMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORKMORRISON HERSHFIELD NOR THE ARCHITECT WILLBE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.Two South University Drive, Suite 245,Plantation, FL 33324Tel: 954.577.4655 Fax: 954.577.4656STATE OF FLORIDA CO# 00008508www.morrisonhershfield.com1010 SYNC ST., SUITE 575MORRISVILLE, NC 27560TITAN LANEFL-00926NC11143.D.gPacket Pg. 236Attachment: Back-up PL20190001921-A (13476 : VA PL20190001921 Titan Lane Communication Tower)
MORRISON HERSHFIELD CORPORATION. NEITHER AND SPECIFICATIONS REMAIN THE PROPERTY OFSUPERSEDED BY THE LATEST REVISION. ALL DRAWINGSAPPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARESHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTENOMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORKDIMENSIONS AND ADVISE CONSULTANTS OF ANY ERRORS ORMORRISON HERSHFIELD NOR THE ARCHITECT WILLBE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.DO NOT SCALE DRAWINGS. CONTRACTOR MUST VERIFY ALLMORRISON HERSHFIELD CORPORATION. NEITHER AND SPECIFICATIONS REMAIN THE PROPERTY OFSUPERSEDED BY THE LATEST REVISION. ALL DRAWINGSAPPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARESHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTENOMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORKMORRISON HERSHFIELD NOR THE ARCHITECT WILLBE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.Two South University Drive, Suite 245,Plantation, FL 33324Tel: 954.577.4655 Fax: 954.577.4656STATE OF FLORIDA CO# 00008508www.morrisonhershfield.com1010 SYNC ST., SUITE 575MORRISVILLE, NC 27560TITAN LANEFL-00926NC11143.D.gPacket Pg. 237Attachment: Back-up PL20190001921-A (13476 : VA PL20190001921 Titan Lane Communication Tower)
MORRISON HERSHFIELD CORPORATION. NEITHER AND SPECIFICATIONS REMAIN THE PROPERTY OFSUPERSEDED BY THE LATEST REVISION. ALL DRAWINGSAPPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARESHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTENOMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORKDIMENSIONS AND ADVISE CONSULTANTS OF ANY ERRORS ORMORRISON HERSHFIELD NOR THE ARCHITECT WILLBE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.DO NOT SCALE DRAWINGS. CONTRACTOR MUST VERIFY ALLMORRISON HERSHFIELD CORPORATION. NEITHER AND SPECIFICATIONS REMAIN THE PROPERTY OFSUPERSEDED BY THE LATEST REVISION. ALL DRAWINGSAPPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARESHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTENOMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORKMORRISON HERSHFIELD NOR THE ARCHITECT WILLBE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.Two South University Drive, Suite 245,Plantation, FL 33324Tel: 954.577.4655 Fax: 954.577.4656STATE OF FLORIDA CO# 00008508www.morrisonhershfield.com1010 SYNC ST., SUITE 575MORRISVILLE, NC 27560TITAN LANEFL-00926NC1114Know what'sbelow.before you dig.CallR3.D.gPacket Pg. 238Attachment: Back-up PL20190001921-A (13476 : VA PL20190001921 Titan Lane Communication Tower)
MORRISON HERSHFIELD CORPORATION. NEITHER AND SPECIFICATIONS REMAIN THE PROPERTY OFSUPERSEDED BY THE LATEST REVISION. ALL DRAWINGSAPPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARESHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTENOMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORKDIMENSIONS AND ADVISE CONSULTANTS OF ANY ERRORS ORMORRISON HERSHFIELD NOR THE ARCHITECT WILLBE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.DO NOT SCALE DRAWINGS. CONTRACTOR MUST VERIFY ALLMORRISON HERSHFIELD CORPORATION. NEITHER AND SPECIFICATIONS REMAIN THE PROPERTY OFSUPERSEDED BY THE LATEST REVISION. ALL DRAWINGSAPPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARESHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTENOMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORKMORRISON HERSHFIELD NOR THE ARCHITECT WILLBE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.Two South University Drive, Suite 245,Plantation, FL 33324Tel: 954.577.4655 Fax: 954.577.4656STATE OF FLORIDA CO# 00008508www.morrisonhershfield.com1010 SYNC ST., SUITE 575MORRISVILLE, NC 27560TITAN LANEFL-00926NC11143.D.gPacket Pg. 239Attachment: Back-up PL20190001921-A (13476 : VA PL20190001921 Titan Lane Communication Tower)
MORRISON HERSHFIELD CORPORATION. NEITHER AND SPECIFICATIONS REMAIN THE PROPERTY OFSUPERSEDED BY THE LATEST REVISION. ALL DRAWINGSAPPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARESHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTENOMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORKDIMENSIONS AND ADVISE CONSULTANTS OF ANY ERRORS ORMORRISON HERSHFIELD NOR THE ARCHITECT WILLBE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.DO NOT SCALE DRAWINGS. CONTRACTOR MUST VERIFY ALLMORRISON HERSHFIELD CORPORATION. NEITHER AND SPECIFICATIONS REMAIN THE PROPERTY OFSUPERSEDED BY THE LATEST REVISION. ALL DRAWINGSAPPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARESHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTENOMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORKMORRISON HERSHFIELD NOR THE ARCHITECT WILLBE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.Two South University Drive, Suite 245,Plantation, FL 33324Tel: 954.577.4655 Fax: 954.577.4656STATE OF FLORIDA CO# 00008508www.morrisonhershfield.com1010 SYNC ST., SUITE 575MORRISVILLE, NC 27560TITAN LANEFL-00926NC1114BEYOND THIS POINT:RADIO FREQUENCY ENVIRONMENT AREAAUTHORIZED PERSONNEL ONLYBEYOND THIS POINTPersonnel proceeding beyond this point must obey allposted signs, site guidelines and Federal Regulationsfor working in radio frequency environmentsin accordance with Federal Regulations on radio frequency emissionsABOVE THIS POINT:Radio frequency emissions may exceedcontrolled exposure limits.For your safety, obey all posted signs, site guidelines and Federal Regulations for working inradio frequency environments.in accordance with Federal Regulations on radio frequency emissionson radio frequency emissions 47 CFR 1.1307(o)BEYOND THIS POINT:Radio frequency fields at this site may exceedFCC rules for human exposure.For your safety, obey all posted signs and site guidelinesfor working in radio frequency environments.in accordance with Federal Regulations on radio frequency emissionson radio frequency emissions 47 CFR 1.1307(o)AUTHORIZEDPERSONNELONLYEMERGENCY CONTACT1-866-899-6191TOWER ID:SITE NAME:E911 ADDRESS:FCC#:FOR TOWER LEASING INFORMATION &FCC TOWER REGISTRATION NO.XXXXXXXXX3.D.gPacket Pg. 240Attachment: Back-up PL20190001921-A (13476 : VA PL20190001921 Titan Lane Communication Tower)
MORRISON HERSHFIELD CORPORATION. NEITHER AND SPECIFICATIONS REMAIN THE PROPERTY OFSUPERSEDED BY THE LATEST REVISION. ALL DRAWINGSAPPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARESHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTENOMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORKDIMENSIONS AND ADVISE CONSULTANTS OF ANY ERRORS ORMORRISON HERSHFIELD NOR THE ARCHITECT WILLBE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.DO NOT SCALE DRAWINGS. CONTRACTOR MUST VERIFY ALLMORRISON HERSHFIELD CORPORATION. NEITHER AND SPECIFICATIONS REMAIN THE PROPERTY OFSUPERSEDED BY THE LATEST REVISION. ALL DRAWINGSAPPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARESHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTENOMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORKMORRISON HERSHFIELD NOR THE ARCHITECT WILLBE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.Two South University Drive, Suite 245,Plantation, FL 33324Tel: 954.577.4655 Fax: 954.577.4656STATE OF FLORIDA CO# 00008508www.morrisonhershfield.com1010 SYNC ST., SUITE 575MORRISVILLE, NC 27560TITAN LANEFL-00926NC1114MIN3.D.gPacket Pg. 241Attachment: Back-up PL20190001921-A (13476 : VA PL20190001921 Titan Lane Communication Tower)
PLANT_SCHEDULETREESSHRUB AREASGROUND COVERS / MISCELLANEOUSQV 13 Quercus virginiana/ B&B/ as shown 14' oah. 3"Ccal Yes Low Standard form, 6' min. c.t. min.Live OakCODEQTYBOTANICAL/COMMON NAMECONT. SIZE/SPACINGDIMENSIONSNATIVEWATER USECODEQTYBOTANICAL/COMMON NAMECONT. SIZE/SPACINGDIMENSIONSNATIVEWATER USECODEQTYBOTANICAL/COMMONSIZEDIMENSIONSREMARKSCHI 232 Chrysobalanus icaco 'Red Tip' / 3 gal @ 24"oc 30" ht. x 24" spr. Yes LowRed Tip CocoplumTRF 26 Tripsicum floridianum/ 3 gal @ 24"oc 18" ht. x 12" spr. Yes ModDwarf Fakahatchee GrassCOE 108 Conocarpus erectus/ 15 gal @ 36"oc 6' ht. x 3' spr. Yes LowGreen ButtonwoodMIS 87 Mimosa stragilosa/ 1 gal @ 18"oc 8" ht. x 12" spr. Yes LowSunshine MimosaSOD 2,000 Stenotaphrum secundatum / St. Augustine Grass S.F. Contractor to verify qty.REMARKSREMARKSMORRISON HERSHFIELD CORPORATION. NEITHER AND SPECIFICATIONS REMAIN THE PROPERTY OFSUPERSEDED BY THE LATEST REVISION. ALL DRAWINGSAPPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARESHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTENOMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORKDIMENSIONS AND ADVISE CONSULTANTS OF ANY ERRORS ORMORRISON HERSHFIELD NOR THE ARCHITECT WILLBE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.DO NOT SCALE DRAWINGS. CONTRACTOR MUST VERIFY ALLMORRISON HERSHFIELD CORPORATION. NEITHER AND SPECIFICATIONS REMAIN THE PROPERTY OFSUPERSEDED BY THE LATEST REVISION. ALL DRAWINGSAPPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARESHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTENOMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORKMORRISON HERSHFIELD NOR THE ARCHITECT WILLBE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.Two South University Drive, Suite 245,Plantation, FL 33324Tel: 954.577.4655 Fax: 954.577.4656STATE OF FLORIDA CO# 00008508www.morrisonhershfield.com1010 SYNC ST., SUITE 575MORRISVILLE, NC 27560TITAN LANEFL-00926NC1114Know what'sbelow.before you dig.CallRNOTES:SPECIES LISTLARGE CANOPY:MEDIUM CANOPY:SHRUBS:GROUNDCOVER:3.D.gPacket Pg. 242Attachment: Back-up PL20190001921-A (13476 : VA PL20190001921 Titan Lane Communication Tower)
MORRISON HERSHFIELD CORPORATION. NEITHER AND SPECIFICATIONS REMAIN THE PROPERTY OFSUPERSEDED BY THE LATEST REVISION. ALL DRAWINGSAPPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARESHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTENOMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORKDIMENSIONS AND ADVISE CONSULTANTS OF ANY ERRORS ORMORRISON HERSHFIELD NOR THE ARCHITECT WILLBE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.DO NOT SCALE DRAWINGS. CONTRACTOR MUST VERIFY ALLMORRISON HERSHFIELD CORPORATION. NEITHER AND SPECIFICATIONS REMAIN THE PROPERTY OFSUPERSEDED BY THE LATEST REVISION. ALL DRAWINGSAPPROVAL. ALL PREVIOUS ISSUES OF THIS DRAWING ARESHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTENOMISSIONS. NO VARIATIONS OR MODIFICATIONS TO WORKMORRISON HERSHFIELD NOR THE ARCHITECT WILLBE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT.Two South University Drive, Suite 245,Plantation, FL 33324Tel: 954.577.4655 Fax: 954.577.4656STATE OF FLORIDA CO# 00008508www.morrisonhershfield.com1010 SYNC ST., SUITE 575MORRISVILLE, NC 27560TITAN LANEFL-00926NC11141. PLANT MATERIAL: ALL PLANT MATERIAL SHALL BE FLORIDA #1 OR BETTER AS ESTABLISHED BY "GRADES ANDSTANDARDSFOR NURSERY PLANTS" OF THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE.2. ALL TREES, SHRUBS AND GROUNDCOVERS SHALL BE OF THE SIZES AS SPECIFIED IN THE PLANT LIST OR LARGER.3. QUANTITIES LISTED ON THE THE PLANT LIST ARE FOR ESTIMATING PURPOSES. CONTRACTOR SHALL VERIFY ALLQUANTITIES. MULCH, TOPSOIL, FERTILIZER, ETC. SHALL BE INCLUDED IN THE UNIT COST OF THE PLANTS.4. WHERE THERE IS A DISCREPANCY EITHER IN QUANTITIES, PLANT NAMES, SIZES OR SPECIFICATIONS BETWEEN THEPLAN OR PLANT LIST, THE PLAN TAKES PRECEDENCE.5. MULCH: ALL PLANTING BEDS AND WATER BASINS FOR TREES SHALL BE COVERED WITH A 3" MINIMUM DEPTH OFSHREDDED MELALEUCA MULCH, GRADE 'B' OR BETTER.6. THE PLANTING PLAN SHALL BE INSTALLED IN COMPLIANCE WITH ALL EXISTING CODES AND APPLICABLE DEEDRESTRICTIONS.7. SOD: ALL AREAS NOT USED FOR BUILDINGS, VEHICULAR USE AREAS, WALKS OR PLANTING BEDS SHALL BE GRASSED.GRASSING SHALL EXTEND TO ANY ABUTTING STREET PAVEMENT EDGE AND TO THE MEAN WATERLINE OF ANYABUTTING CANAL, LAKE OR WATERWAY. GRASS/SOD AREAS DISTURBED BY CONSTRUCTION ACTIVITIES.8. PLANTING SOIL: ALL TREES AND SHRUBS SHALL BE PLANTED WITH A MINIMUM OF 12" TOPSOIL AROUND AND BENEATHTHE ROOTBALL. NOTE THE SIZE OF THE HOLE FOR TREES AND SHRUBS IN THE DETAILS - (TWICE THE DIAMETER OF THEROOTBALL). MINIMUM TOPSOIL SHALL BE 6" FOR GROUNDCOVER AREAS AND 2" FOR SODDED GRASS AREAS.9. PLANTING SOIL: PLANTING SOIL TO BE A WEED-FREE MIXTURE OF 50% SAND, 40% MUCK, AND 10% CANADIAN PEAT.ALL PLANT MATERIAL TO RECEIVE PLANTING SOIL AS PER DETAILS.10. CONTRACTOR IS RESPONSIBLE FOR DETERMINING ALL UTILITY LOCATIONS AND INSTALLING FACILITIES SO AS TONOT CONFLICT. ALL DAMAGE TO EXISTING UTILITIES OR IMPROVEMENTS CAUSED BY CONTRACTOR SHALL BE REPAIREDAT NO ADDITIONAL COST TO THE OWNER-BROWARD COLLEGE.11. CONTRACTOR TO NOTIFY "SUNSHINE STATE ONE CALL OF FLORIDA, INC." AT 1-800-432-4770 TWO FULL BUSINESSDAYS PRIOR TO DIGGING FOR UNDERGROUND UTILITY LOCATIONS.12. CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING FINAL GRADING OF ALL ASSOCIATED PLANTING AREAS.13. AFTER FINAL GRADE, AREA TO BE RAKED TO 6" DEPTH AND ALL ROCK AND FOREIGN INORGANIC MATERIALSREMOVED AND DISPOSED OF PROPERLY OFF-SITE.14. ALL PLANTING HOLES TO BE HAND DUG EXCEPT WHERE MACHINE DUG HOLES WILL NOT ADVERSELY AFFECT ORDAMAGE UTILITIES OR IMPROVEMENTS (SEE NOTES 10 AND 11). 15. NO PLUNGING OF ANY TREE OR PALM WILL BEACCEPTED. ALL PLANTS TO BE PLANTED ABOVE THE NURSERY GRADE.16. CONTRACTOR SHALL STAKE & GUY ALL TREES AND PALMS AT TIME OF PLANTING AS PER THE APPROPRIATE DETAIL.CONTRACTOR IS RESPONSIBLE FOR THE MAINTENANCE AND/OR REPAIR OF ALL STAKING AND GUYING DURINGWARRANTY PERIOD AND REMOVAL & DISPOSAL OF STAKING AFTER THE ESTABLISHMENT OR WARRANTY PERIOD.17. FERTILIZER FOR GRASS AREAS SHALL BE NPK 16-4-8 @ 12.5 LBS/1000 S.F. OR 545 LBS/ACRE. NITROGEN 50% SLOWRELEASE FORM & FERTILIZER TO INCLUDE SECONDARY MICRONUTRIENTS.18. SUBSTITUTIONS AND CHANGES: ALL SUBSTITUTIONS AND CHANGES SHALL BE APPROVED IN WRITING PRIOR TOINSTALLATION. ANY DISCREPANCIES BETWEEN PLANS, SITE AND SPECIFICATIONS SHALL BE BROUGHT TO THEIMMEDIATE ATTENTION OF THE LANDSCAPE ARCHITECT, AND THE PROJECT REPRESENTATIVE FOR BROWARD COLLEGE.19. WATERING: ALL PLANT MATERIAL SHALL BE WATERED IN AT TIME OF PLANTING IN ACCORDANCE WITH STANDARDNURSERY PRACTICES. IN ADDITION, CONTRACTOR WILL CONTINUE WATERING OF PLANT MATERIAL UNTIL SUBSTANTIALCOMPLETION AND AS NEEDED THEREAFTER FOR A PERIOD OF 3 MONTHS.20. WARRANTY: ALL NEW PLANT MATERIAL SHALL BE GUARANTEED FOR ONE (1) YEAR FROM TIME OF FINALACCEPTANCE OF PROJECT. ANY PLANT MATERIAL NOT IN A HEALTHY GROWING CONDITION WILL BE REPLACED BY THECONTRACTOR AT NO ADDITIONAL COST TO BROWARD COLLEGE WITHIN 10 DAYS OF NOTIFICATION. FOR ALLREPLACEMENT PLANT MATERIAL, THE WARRANTY PERIOD SHALL BE EXTENDED AN ADDITIONAL 45 DAYS BEYOND THEORIGINAL WARRANTY PERIOD. ALL TREES THAT LEAN OR ARE BLOWN OVER, CAUSED BY WINDS LESS THAN 75 MPH,WILL BE RE-SET AND BRACED BY THE CONTRACTOR AT NO ADDITIONAL COST TO THE COLLEGE.21. THE SUCCESSFUL BIDDER SHALL FURNISH TO BROWARD COLLEGE A UNIT PRICE BREAKDOWN FOR ALL MATERIALS.BROWARD COLLEGE MAY, AT ITS DISCRETION, ADD OR DELETE FROM THE MATERIALS UTILIZING THE UNIT PRICEBREAKDOWN SUBMITTED.22. NO PLANT MATERIAL WILL BE ACCEPTED SHOWING EVIDENCE OF CABLE, CHAIN MARKS, EQUIPMENT SCARS, OROTHERWISE DAMAGED.23. PLANT MATERIAL WILL NOT BE ACCEPTED WHEN THE BALL OF EARTH SURROUNDING ITS ROOTS HAS BEEN CRACKED,BROKEN OR OTHERWISE DAMAGED.24. ROOT-PRUNE ALL TREES A MINIMUM OF (8) WEEKS PRIOR TO PLANTING. FOR RELOCATED MATERIALS, REFER TO THENOTES ON THE TRP PLANS FOR ROOT-PRUNING RELOCATED TREES.25. ALL LANDSCAPED AREAS WILL BE IRRIGATED BY AN UNDERGROUND, AUTOMATIC, RUST-FREE IRRIGATION SYSTEMPROVIDING 100% COVERAGE AND 100% SPRAY OVERLAP. THE SYSTEM SHALL BE MAINTAINED IN GOOD WORKINGORDER AND DESIGNED TO MINIMIZE WATER ON IMPERVIOUS SERVICES AND NOT OVERSPRAY WALKWAYS. A RAINSENSOR DEVICE SHALL BE INSTALLED TO OVERRIDE THE IRRIGATION CYCLE OF THE SYSTEM WHEN ADEQUATERAINFALL HAS OCCURRED.26. ALL PLANT MATERIAL PLANTED WITHIN THE SIGHT DISTANCE TRIANGLE AREAS (SEE PLAN) SHALL PROVIDEUNOBSTRUCTED CROSS-VISIBILITY AT A HORIZONTAL LEVEL BETWEEN 30 INCHES AND 8 FEET ABOVE ADJACENT STREETGRADE.27. NO CANOPY TREES SHALL BE PLANTED WITHIN 12 FEET OF A LIGHT POLE. NO PALM SPECIES SHALL BE PLANTEDWITHIN 6 FEET OF A LIGHT POLE. 28. GROUND COVER PLANTINGS SHALL PROVIDE NOT LESS THAN 50 PERCENTCOVERAGE IMMEDIATELY UPON PLANTING AND 100 PERCENT COVERAGE WITHIN 6 MONTHS AFTER PLANTING.29. TREE PROTECTION BARRICADES SHALL BE PROVIDED BY LANDSCAPE CONTRACTOR AROUND EXISTING TREES THATMAY BE IMPACTED BY THE PROPOSED CONSTRUCTION. PRIOR TO ANY CONSTRUCTION A TREE PROTECTIONBARRICADE INSPECTION SHALL BE CONDUCTED BY THE LANDSCAPE ARCHITECT, OWNER OR GOVERNING MUNICIPALITY.REFER TO LANDSCAPE DETAIL FOR TREE PRESERVATION BARRICADE FENCING.30. IN ALL PEDESTRIAN AREAS, ALL TREES AND PALMS SHALL BE MAINTAINED TO ALLOW FOR CLEAR PASSAGE AT AN 8FOOT CLEAR TRUNK.31. ALL LANDSCAPE MATERIAL SHALL BE SETBACK A MINIMUM OF 7-FT FROM ANY FIRE HYDRANT.GENERAL PLANTING NOTES3.D.gPacket Pg. 243Attachment: Back-up PL20190001921-A (13476 : VA PL20190001921 Titan Lane Communication Tower)
PROPOSED LANDSCAPE BUFFER MITIGATION AREA TOCOMPENSATE FOR RESTRICTIONS TO THE NORTH AND SOUTH.AREA TO BE CLEARED OF EXOTIC AND INVASIVE MATERIAL. ALLNATIVE MATERIAL TO BE PROTECTED AND PRESERVED.SUPPLEMENTAL NATIVE LANDSCAPE MATERIAL TO BE INSTALLEDTO CREATE A DENSE SCREEN AROUND TOWER COMPOUND.(TOTAL = 4,286 S.F.)PROPOSED LANDSCAPE BUFFER AREA. RESTRICTIONS TOTHE NORTH (1-75) AND SOUTH (UTILITY EASMENT) LIMITINGSIZE OF BUFFER. (TOTAL = 5,500 S.F.)NOTES:1. ALL PROHIBITED EXOTIC VEGETATION SHALL BE REMOVEDFROM THE SITE AND IT SHALL BE MAINTAINED FREE OFEXOTICS IN PERPETUITY. LDC 3.05.08.2. IRRIGATION TO BE FROM WELL WATER ONLY.48'100'20'91'46'10'10'20'3.D.gPacket Pg. 244Attachment: Back-up PL20190001921-A (13476 : VA PL20190001921 Titan Lane Communication Tower)
3.D.gPacket Pg. 245Attachment: Back-up PL20190001921-A (13476 : VA PL20190001921 Titan Lane Communication Tower)
2 South University Drive, Suite 245
Plantation, FL 33324
TITAN LANE
FL-0092
601 PALM LAKE DRIVE, NAPLES, FL 34104
AERIAL VIEW
Proposed 140’-0” H.
Monopole w/ 5’-0” H.
lightning rod
LOCATION MAP
VIEW DIRECTION
SITE LOCATION
1
3
2
LEGEND
4
5
3.D.g
Packet Pg. 246 Attachment: Back-up PL20190001921-A (13476 : VA PL20190001921 Titan Lane Communication Tower)
TITAN LANE
FL-0092
601 PALM LAKE DRIVE, NAPLES, FL 34104
Before Installment
After Installment
2 South University Drive, Suite 245
Plantation, FL 33324
VIEW 1
Proposed 140’-0” H.
Monopole w/ 5’-0” H.
lightning rod
3.D.g
Packet Pg. 247 Attachment: Back-up PL20190001921-A (13476 : VA PL20190001921 Titan Lane Communication Tower)
2 South University Drive, Suite 245
Plantation, FL 33324
Proposed 140’-0” H.
Monopole w/ 5’-0” H.
lightning rod
TITAN LANE
FL-0092
601 PALM LAKE DRIVE, NAPLES, FL 34104
Before Installment
After Installment
VIEW 2
3.D.g
Packet Pg. 248 Attachment: Back-up PL20190001921-A (13476 : VA PL20190001921 Titan Lane Communication Tower)
2 South University Drive, Suite 245
Plantation, FL 33324
TITAN LANE
FL-0092
601 PALM LAKE DRIVE, NAPLES, FL 34104
Proposed 140’-0” H.
Monopole w/
5’-0” H. lightning rod
Before Installment
After Installment
VIEW 3
3.D.g
Packet Pg. 249 Attachment: Back-up PL20190001921-A (13476 : VA PL20190001921 Titan Lane Communication Tower)
2 South University Drive, Suite 245
Plantation, FL 33324
TITAN LANE
FL-0092
601 PALM LAKE DRIVE, NAPLES, FL 34104
Proposed 140’-0” H.
Monopole w/ 5’-0” H.
lightning rod
Before Installment
After Installment
VIEW 4
3.D.g
Packet Pg. 250 Attachment: Back-up PL20190001921-A (13476 : VA PL20190001921 Titan Lane Communication Tower)
2 South University Drive, Suite 245
Plantation, FL 33324
TITAN LANE
FL-0092
601 PALM LAKE DRIVE, NAPLES, FL 34104
Proposed 140’-0” H. Monopole
w/ 5’-0” H. lightning rod
Before Installment
After Installment
VIEW 5
3.D.g
Packet Pg. 251 Attachment: Back-up PL20190001921-A (13476 : VA PL20190001921 Titan Lane Communication Tower)
3.D.g
Packet Pg. 252 Attachment: Back-up PL20190001921-A (13476 : VA PL20190001921 Titan Lane Communication Tower)
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Packet Pg. 271 Attachment: Back-up PL20190001921-A (13476 : VA PL20190001921 Titan Lane Communication Tower)
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Packet Pg. 272 Attachment: Back-up PL20190001921-A (13476 : VA PL20190001921 Titan Lane Communication Tower)
09/24/2020
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.E
Item Summary: PETITION NO. MPUD PL20200000048 Baumgarten MPUD - Request for an
insubstantial change to the Baumgarten Planned Unit Development (PUD) by seeking deviations from
LDC Sections 5.05.05 B.1., 5.05.05. D.2.a., and 5.05.05. D.2.b. “Facilities with Fuel Pumps” and LDC
Sections 5.06.02.B.14, 5.06.02.B.14.a. and 5.06.02.B.14.b. “Boundary Marker Sign,” LDC Section
5.06.04.F.2.b., “Outparcels-Ground Signs” and LDC Section 5.06.04. F.3., “Directory Signs” and
modifying previously approved Deviation #3. The subject PUD is 55.66± acres located at the southeast
quadrant of Immokalee Road and Collier Boulevard, in Section 26, Township 48 South, Range 26 East,
Collier County, Florida. (Coordinator: Nancy Gundlach, AICP, PLA, Principal Planner)
Meeting Date: 09/24/2020
Prepared by:
Title: Planner, Principal – Zoning
Name: Nancy Gundlach
09/03/2020 1:57 PM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
09/03/2020 1:57 PM
Approved By:
Review:
Zoning Ray Bellows Review Item Completed 09/10/2020 10:58 AM
Growth Management Operations & Regulatory Management Rose Burke Review Item Completed 09/10/2020 3:28 PM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 09/14/2020 7:03 PM
Zoning Anita Jenkins Review Item Completed 09/16/2020 8:43 AM
Hearing Examiner Andrew Dickman Meeting Pending 09/24/2020 9:00 AM
3.E
Packet Pg. 273
Page 1 of 12
PDI-PL202000000048, BAUMGARTEN MPUD September 3, 2020
STAFF REPORT
TO: HEARING EXAMINER
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: SEPTEMBER 24, 2020
SUBJECT: PDI-PL202000000048, BAUMGARTEN MIXED-USE PLANNED UNIT
DEVELOPMENT (MPUD)
APPLICANT:
BCHD Partners II, LLC
2600 Golden Gate Parkway
Naples, FL 34105
APPLICANT/AGENT:
D. Wayne Arnold, AICP Richard D. Yovanovich, Esquire
Q. Grady Minor and Associates, P.A. Coleman, Yovanovich and Koester, P.A.
3800 Via Del Rey 4001 Tamiami Trail North, Suite 300
Bonita Springs, FL 34134 Naples, FL 34103
REQUESTED ACTION:
The petitioner requests an insubstantial change to the Baumgarten Planned Unit Development (PUD)
by seeking deviations from LDC Sections 5.05.05 B.1., 5.05.05. D.2.a., and 5.05.05. D.2.b. “Facilities
with Fuel Pumps” and LDC Sections 5.06.02.B.14, 5.06.02.B.14.a. and 5.06.02.B.14.b. “Boundary
Marker Sign,” LDC Section 5.06.04.F.2.b., “Outparcels-Ground Signs” and LDC Section 5.06.04. F.3.,
“Directory Signs” and modifying previously approved Deviation #3.
GEOGRAPHIC LOCATION:
The subject PUD, consisting of 55.66 acres, is located at the southeast quadrant of Immokalee Road
and Collier Boulevard, in Section 26, Township 48, Range 26, Collier County, Florida. (See the
Location Map on page 2 of this Staff Report.)
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PURPOSE/DESCRIPTION OF PROJECT:
The Baumgarten MPUD was originally approved in Ordinance Number 2019-11 in 2019. (See
Attachment A-Ordinance Number 2019-11.) The Planned Unit Development (PUD) Ordinance allows
for up to 400 multi-family/townhouse dwelling units and up to 270,000 square feet of commercial use.
The purpose of this Insubstantial Change to a PUD (PDI) is to request deviations from LDC Sections
5.05.05 B.1. and 5.05.05. D.2.a., “Facilities with Fuel Pumps” and LDC Section 5 .06.04. F.3.,
“Directory Signs.”
DEVIATION DISCUSSION:
Deviations #1 through #3 were previously approved by Ordinance 2019-11. At the request of staff,
Deviation #3 is being slightly modified.
Deviation #3
Deviation #3 seeks relief from LDC Sections 5.06.04.F.1 and 5.06.04.F.2, “Ground Signs,” which
allows each outparcel or tract to have a single ground sign along a public street, to instead also allow
outparcels or tracts and individual free-standing uses abutting Collier Boulevard and Immokalee Road
within the MPUD to have one additional ground sign that is oriented to the internal private by -pass
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driveway (labeled as R.O.W or access easement on the Master Plan) that is provided for in the MPUD.
The second sign shall be limited to 6 feet in height and 40 square feet in sign area.
Petitioner’s Justification: This will allow platted parcels or tracts fronting both the external arterial
roadways and the internal access road to have signage facing both vehicular use areas. The second sign
will be limited to a size less than that permitted facing the external roadway.
Staff Analysis and Recommendation: Environmental Planning staff recommends Approval finding
that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element
may be waived without a detrimental effect on the health, safety, and welfare of the community" and
LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting
public purposes to a degree at least equivalent to the literal application of such regulations.”
Deviation #4
Deviation #4 seeks relief from LDC Section 5.06.04.F.2.b., “Outparcels-Ground Signs,” which allows
each parcel or tract to have a single ground sign along a public street, to also allow platted interior
tracts, not adjacent to Immokalee Road or Collier Boulevard, to have a single ground sign along the
interior right-of-way or access easement with a maximum height of 8 feet and 60 square feet in sign
area.
Petitioner’s Justification: This deviation will permit platted parcels or tracts that do not have frontage
on Immokalee Road or Collier Boulevard to have ground signage at a size consisten t with typical
outparcel and consistent with the original deviation approved.
Staff Analysis and Recommendation: Environmental Planning staff recommends Approval finding
that, in compliance with LDC Section 10.02.13.A.3., the petitioner has demonstrated that "the element
may be waived without a detrimental effect on the health, safety, and welfare of the community" and
LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting
public purposes to a degree at least equivalent to the literal application of such regulations.”
Deviation #5
Deviation #5 seeks relief from LDC Section 5.05.05.D.2.a., “Facilities with Fuel Pumps,” which
requires facilities with fuel pumps to be subject to the following standards where located within 250
feet of residentially zoned or residentially developed properties:
a. Facility with fuel pumps sites shall be separated from residential property by a thirty -foot
wide landscape buffer and an architecturally designed masonry wall. The masonry wall shall
be eight (8) feet in height, centered within the landscape buffer, and shall use materials similar
in color, pattern, and texture to those utilized for the principal structure. The masonry wall shall
be located on top of a berm. The berm shall be constructed and maintained at a height of three
(3) feet and a maximum slope of 3:1. The berm shall be planted with ground cover.
This deviation will instead not require this MPUD to provide a wall or berm to be constructed where
the facility with fuel pumps is located within 250 feet of any residential building.
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Deviation #6
Deviation #6 seeks relief from LDC Section 5.05.05.D.2.b., “Facilities with Fuel Pumps,” which
requires facilities with fuel pumps to be subject to the following standards where located within 250
feet of residentially zoned or residentially developed properties:
b. Landscaping shall be required on both sides of the masonry wall. On the residential property
wall side, a hedgerow consisting of #10 shrubs, spaced three (3) feet on center, and four (4) feet
high at planting and five (5) feet high within one year shall be provided. In addition, a row of
canopy trees spaced thirty (30) feet on center, and ten (10) feet in height at planting are required.
On the facility with fuel pumps wall side, a row of canopy trees, spaced thirty (30) feet on
center, and twelve (12) feet in height at planting are required. A hedgerow consisting of #10
shrubs, spaced three (3) feet on center, and four (4) feet high at planting and five (5) feet high
within one year shall be provided. Required canopy trees shall be staggered to accommodate
the canopy trees on the residential property wall side.
This deviation will instead allow this MPUD to provide a 10-foot wide type ‘D’ landscape buffer
planted with 10-foot-high canopy trees planted 20 feet on center, and a hedge 3 feet in height at
installation, which shall be permanently maintained at a minimum height of 3 feet along the eastern
and southern lot boundaries. The deviation is applicable only in the location noted on the PUD
Master Plan.
Deviation #7
Deviation #7 seeks relief from LDC Section 5.05.05.B.1., “Facilities with Fuel Pumps”, which
establishes site design standards for facilities with fuel pumps by requiring any front yard setback to be
a minimum of 50 feet, to instead allow a reduction in the required front yard setback to a minimum of
30 feet.
Petitioner’s Justification for Deviations 5, 6 and 7: The subject PUD is a mixed-use project under
unified control whereby a number of commercial land uses are anticipated to be constructed in close
proximity to residential uses. A facility with fuel pumps is intended to be developed on one of the
commercial tracts located on the projects Immokalee Road frontage. The lot is not within 250 feet of
a residential use outside of the Baumgarten PUD and is not immediately adjacent to a residential tract
but rather another commercial development tract. A commercial building will be constructed on the
tract adjacent to the residential building and the residential building will be located diagonally across
Founders Square Drive within 250 feet of the facility with fuel pumps. Construction of the berm and
wall adjacent to the commercial tract does not provide any noise or aesthetic buffer for the residential
use in this instance and the wall and berm are not necessary to fulfill the desired results for reducing
impacts to residential uses, where other commercial buildings will be located in closer proximity to the
residences. The residential developer (the only residential property owner that is within 250 feet of the
proposed facility with fuel pumps) has provided a letter of no objection to this deviation. See
Attachment B-Letter of No Objection. The reduction in building setback will only apply to the internal
drives and will have no impact to the traveling public along Immokalee Road.
Staff Analysis and Recommendation: Environmental Planning staff recommends Approval of
Deviations 5, 6, and 7 finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has
demonstrated that "the element may be waived without a detrimental effect on the health, safety, and
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welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the
deviation is “justified as meeting public purposes to a degree at least equivalent to the literal application
of such regulations.”
Deviation #8
Deviation #8 seeks relief from LDC Section 5.06.04.F.3., “Directory Signs,” which requires Multiple-
occupancy parcels or multiple parcels developed under a unified development plan, with a minimum
of eight independent units, and containing 20,000 square feet or more of leasable floor area to be
permitted one directory sign at one entrance on each public street, to instead allow the directory sign to
be relocated so that the directory sign is permitted at the westernmost PUD entrance along Immokalee
Road. This sign shall be permitted to include tenant names for “The Pointe” which is currently under
review (SDP PL20190001486).
Petitioner’s Justification: The shopping area within the Baumgarten PUD known as The Pointe would
be permitted to have a directory sign located at the entrance to the shopping center located on the
internal drive known as Founders Square Drive. The owner wishes to have the directory sign at the
PUDs westernmost entrance located on Immokalee Road which is a more visible location and one that
will provide necessary guidance for motorists entering the site from eastbound Immokalee Road. The
deviation does not result in a greater number of signs than otherwise authorized by the LDC.
Staff Analysis and Recommendation: Environmental Planning staff recommends Approval finding
that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element
may be waived without a detrimental effect on the health, safety, and welfare of the community" and
LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting
public purposes to a degree at least equivalent to the literal application of such regulations.”
Deviation #9
Deviation #9 seeks relief from LDC Section 5.06.02.B.14., “Boundary Marker sign,” which allows
residential developments to have one boundary marker sign or monument structure to be located at
each property corner, to instead allow a mixed-use project to have one boundary marker sign at a single
corner. The boundary marker sign shall include the logo and/or project name.
Petitioner’s Justification: The LDC makes no provision for a boundary marker type sign for a mixed-
use project. The property owner desires to construct one boundary marker sign near the PUD boundary
at the intersection of Immokalee Road and Collier Boulevard in order to include the logo and/or project
name.
Staff Analysis and Recommendation: Environmental Planning staff recommends Approval finding
that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element
may be waived without a detrimental effect on the health, safety, and welfare of the community" and
LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting
public purposes to a degree at least equivalent to the literal application of such regulations.”
Deviation #10
Deviation #10 seeks relief from LDC Section 5.06.02.B.14.a. and b., “Boundary Marker sign ,” which
requires that the maximum height is 8 feet to the uppermost portion of the boundary marker structure,
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and the sign face area may not exceed 24 square feet in area and may not exceed the height or length
of the monument or structure upon which it is located, to instead allow the boundary marker sign or
sculpture located at the intersection of Immokalee Road and Collier Boulevard to be 10 feet in height
with a maximum of 40 square feet in area.
Petitioner’s Justification: This deviation will permit a single boundary marker sign or sculpture to be
larger than typical residential boundary marker signs due to the presence of the Collier Boulevard canal
and future grade-separated intersection.
Staff Analysis and Recommendation: Environmental Planning staff recommends Approval finding
that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element
may be waived without a detrimental effect on the health, safety, and welfare of the community" and
LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting
public purposes to a degree at least equivalent to the literal application of such regulations.”
SURROUNDING LAND USE AND ZONING:
North: Immokalee Road, a six-lane road, South Florida Water Management District (SFWMD)
Cocohatchee Canal, and then developed commercial and multi-family residential and
single-family residential with a zoning designation of Heritage Bay PUD. Heritage Bay
is also a Development of Regional Impact with a density of 1.3 dwelling units per acre.
East: Developed and undeveloped single-family residential and preserve area with a
designation of Bent Creek Preserve PUD with a density of 3.25 dwelling units per acre.
South: Developed single-family residential with a zoning designation of Tuscany Cove PUD
with a density of 4.8 dwelling units per acre.
West: SFWMD 951 Canal, Collier Boulevard, a six-lane road, and a commercial strip
shopping center with a zoning designation of Richland PUD with a density of 3.1
dwelling units per acre.
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AERIAL PHOTO
STAFF ANALYSIS:
Comprehensive Planning: The proposed PDI is consistent with the Future Land Use Element (FLUE)
of the Growth Management Plan (GMP). See Attachment C-FLUE Consistency Review.
Conservation and Coastal Management Element: Environmental staff has evaluated the proposed
changes to the PUD documents. No revisions to environmental portions of the PUD are proposed with
this petition.
Transportation Element: Transportation Planning staff has reviewed the petition for compliance with
the GMP and the LDC and recommends approval of the request.
PLANNED UNIT DEVELOPMENT INSUBSTANTIAL CHANGE CRITERIA:
There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. An
insubstantial change includes any change that is not considered a substantial or minor change. An
insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC
subsection 10.02.13 E.1.
SUBJECT
SITE
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LDC Section 10.02.13.E.1 Criteria:
a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)?
No, there is no proposed change in the boundary of the PUD.
b. Is there a proposed increase in the total number of dwelling units or intensity of land use
or height of buildings within the development?
No, there is no proposed increase in the number of dwelling units or intensity of land use or
height of buildings within the development.
c. Is there a proposed decrease in preservation, conservation, recreation, or open space areas
within the development in excess of five (5) percent of the total acreage previously
designated as such, or five (5) acres in area?
No, there is no proposed decrease in preservation, conservation, recreation, or open space areas
within the development as designated on the approved Master Plan.
d. Is there a proposed increase in the size of areas used for non-residential uses, to include
institutional, commercial and industrial land uses (excluding preservation, conservation
or open space), or a proposed relocation of nonresidential land uses?
No, the requests do not impact the size of non-residential areas or proposed to relocate such
areas within the PUD boundary.
e. Is there a substantial increase in the impacts of the development which may include, but
are not limited to increases in traffic generation; changes in traffic circulation; or impacts
on other public facilities?
No, there are no substantial impacts are resulting from this amendment.
f. Will the change result in land use activities that generate a higher level of vehicular traffic
based upon the Trip Generation Manual published by the Institute of Transportation
Engineers?
The proposed amendment would not result in land use activities that generate higher levels of
vehicular traffic based upon the Trip Generation Manual published by the Institute of
Transportation Engineers.
g. Will the change result in a requirement for increased stormwater retention, or otherwise
increase stormwater discharge?
No, the proposed changes will not impact or increase stormwater retention or increase
stormwater discharge.
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h. Will the proposed change bring about a relationship to an abutting land use that would
be incompatible with an adjacent land use?
No. There will be no incompatible relationships with abutting land uses.
i. Are there any modifications to the PUD Master Plan or PUD document or amendment to
a PUD ordinance which is inconsistent with the Future Land Use Element or other
elements of the Growth Management Plan or which modification would increase the
density of intensity of the permitted land uses?
No. Comprehensive Planning staff determined the proposed changes to the PUD Document
would be consistent with the FLUE of the GMP. Both environmental and transportation
planning staff reviewed this petition, and no changes to the PUD Document are proposed that
would be deemed inconsistent with the CCME or the Transportation Element of the GMP. This
petition does not propose any increase in density or intensity of the permitted land uses.
j. The proposed change is to a PUD District designated as a Development of Regional Impact
(DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change
requires a determination and public hearing by Collier County pursuant to Sec. 380.06
(19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S., and any
changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall
be reviewed and approved by Collier County under Section 10.02.13 of the LDC.
Due to the limited nature of this request, a determination and public hearing under F.S.
380.06(19) will not be required.
k. Are there any modifications to the PUD Master Plan or PUD document or amendment to
a PUD ordinance which impact(s) any consideration deemed to be a substantial
modification as described under Section(s) 10.02.13 E.?
Based on the analysis provided above, the proposed change is not deemed to be substantial.
LDC Section 10.02.13.E.2 Criteria:
Does this petition change the analysis of the findings and criteria used for the original
application?
No, the proposed changes do not affect the original analysis and findings for the original
application. (See Attachment D-Rezone Findings and Findings for PUD.)
NEIGHBORHOOD INFORMATION MEETING (NIM):
The NIM was held on July 30, 2020, at Saint Monica’s Episcopal Church, located at 7070 Immokalee
Road, Naples, Florida. Approximately 20 residents were in attendance. The residents were not
opposed to the proposed changes to the PUD. However, the residents complained about an unrelated
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issue to the subject PDI, the difficulty experienced trying to implement the previously approved
potential interconnect between Bent Creek and Baumgarten. The Applicant’s representative offered to
assist the residents with their concerns. For further information, please see Attachment E-NIM
Transcript.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission approve Petition PDI-
PL202000000048, Baumgarten MPUD.
Attachments:
Attachment A-Ordinance Number 2019-11
Attachment B-Letter of Support
Attachment C-FLUE Consistency Review.
Attachment D-Rezone Findings and Findings for the PUD
Attachment E-NIM Transcript
Attachment F-Application
Attachment G-Public Hearing Sign Photos
Attachment H-Virtual Hearing Waiver
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ORDINANCE NO. 19- 11
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM A RURAL AGRICULTURAL (A)
ZONING DISTRICT TO A MIXED USE PLANNED UNIT
DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE
PROJECT TO BE KNOWN AS THE BAUMGARTEN
MPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM
OF 400 MULTIFAMILY AND/OR TOWNHOUSE
RESIDENTIAL DWELLING UNITS AND UP TO 270,000
SQUARE FEET OF COMMERCIAL LAND USES AT THE
SOUTHEAST QUADRANT OF IMMOKALEE ROAD AND
COLLIER BOULEVARD, IN SECTION 26, TOWNSHIP 48,
RANGE 26, COLLIER COUNTY, FLORIDA, CONSISTING
OF 55.66 +/- ACRES; AND BY PROVIDING AN
EFFECTIVE DATE. [PL20170000768]
WHEREAS, Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A. and Richard
D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., representing BCHD Partners II,
LLC, petitioned the Board of County Commissioners to change the zoning classification of the
herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 26,
Township 48, Range 26, Collier County, Florida, is changed from a Rural Agricultural (A)
Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the
55.66+/- acre project to be known as the Baumgarten MPUD, to allow construction of a
maximum of 400 residential dwelling units and up to 270,00 square feet of commercial land uses
17-CPS-01708/ 1481218/1]212
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in accordance with the Baumgarten MPUD Document, in accordance with Exhibits A through F
attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps,
as described in Ordinance Number 2004-41, as amended, the Collier County Land Development
Code, is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this I k
day of __I 2019.
ATTEST:BOARD OF C• TY COMMISSIONERS
CRYSTAL K.KINZEL, CLERK COLLIER C.4 RIDA
011114410
By: . Lao_e, . By:
ii Duty Clerk illiam L. McDaniel, Jr., ChairmanAttestastoLha] 1
signature only.
Approved as tb form and legality:
H _
tdi
eidi Ashton-Cicko u
Managing Assistant County Attorney
Exhibit A: Permitted Uses
Exhibit B: Development Standards
Exhibit C: Master Plan
Exhibit D: Legal Description
Exhibit E: Requested Deviations from LDC
Exhibit El: Deviation#1 Cross Section This ordinance iiia ttith th=-
Exhibit F: Developer Commitments C
day
ory ofof
r,`
and acknowledgement that
filing received this t__. day
By
Deo CVer
17-CPS-01708/1481218/1]212
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C
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EXHIBIT A
BAUMGARTEN MPUD
PERMITTED USES
A maximum of 400 residential dwelling units and 270,000 square feet of gross commercial floor
area shall be permitted within the MPUD. Any commercial square footage above 250,000 square
feet must include indoor self-storage. The uses are subject to the trip cap identified in Exhibit F,
Section 4.a of this PUD. No building or structure, or part thereof, shall be erected, altered or
used, or land used, in whole or in part, for other than the following:
MIXED-USE:
A. Principal Uses (SIC In Parenthesis):
1.Accident and Health Insurance Services 6321)
2.Accounting, Auditing and Bookkeeping Services 8721)
3.Adjustment services 7322)
4.Advertising (consultants) agencies 7311)
5. Advertising, not elsewhere classified 7319)
6.Agricultural uses (interim until first certificate of occupancy for N/A)
any permitted use)
7.Architectural services 8712)
8.Animal Hospitals 0742)
9.Auto and Home Supply Stores 5531)
10. Automotive Washing and Polishing 7542)
11. Bakeries, Retail 5461)
12. Banks, commercial: national 6021)
13. Banks, commercial: not chartered 6029)
14. Banks, commercial: state 6022)
15. Banks, savings: Federal 6035)
16. Banks, savings: not federally chartered 6036)
17. Barber Shops 7241)
18. Beauty Shops 7231)
19. Book Stores 5942)
20. Breweries (limited to a maximum of 5,000 sq. ft.) 2082)
21. Business Associations 8611)
22. Business Consulting Services, not elsewhere classified 8748)
23. Camera and Photographic Supply Stores 5946)
24. Candy, Nut and Confectionery Stores 5441)
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s,
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25. Carpet and Upholstery Cleaning 7217)
26. Civic, Social and Fraternal Associations 8641)
27. Clothing and Accessory Stores, Men's and Boy's 5611)
28. Clothing Stores, Women's 5621)
29. Collection Services 7322)
30. Commodity Contracts Brokers and Dealers 6221)
31. Commercial Art and Graphic Design 7336)
32. Commercial Photography 7335)
33. Commercial Economic, Sociological and Educational Research 8732)
34. Computer and Computer Software Stores 5734)
35. Computer Facilities Management Services 7376)
36. Computer Maintenance and Repair 7378)
37. Computer Processing and Data Preparation Services 7374)
38. Computer Programming services 7371)
39. Computer Rental and Leasing 7377)
40. Credit Reporting Services 7323)
41. Credit Unions, Federal 6061)
42. Credit Unions, State: not federally chartered 6062)
43. Dairy Products Stores 5451)
44. Data Processing Consultants 7379)
45. Dance Studios, Schools and Halls 7911)
46. Data Processing Services 7374)
47. Dental Laboratories 8072)
48. Dentist Office/Clinic 8021)
49. Department Stores 5311)
50. Direct mail advertising service 7331)
51. Direct Selling Establishments 5963)
52. Doctors - Medicine Offices and Clinics 8011)
53. Doctors - Osteopathy Offices and Clinics 8031)
54. Doctors - Chiropractors Offices and Clinics 8041)
55. Dog Grooming 0752)
56. Drapery, Curtain and Upholstery Stores 5714)
57. Drinking Places (Alcoholic Beverages); Bottle Clubs and 5813)
Cabarets are not permitted
58. Drug Stores 5912)
59. Dwelling Units - Multi-family and Townhouse, above retail or
office uses
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60. Eating Places, no outdoor dining may be located on the 5812)
easternmost MU tract adjacent to Bent Creek Preserve PUD.
61. Engineering services: industrial, civil, electrical, mechanical, 8711)
marine and design
62. Executive Offices 9111)
63. Executive and Legislative Offices Combined 9131)
64. Fire, Marine and Casualty Insurance Services 6331)
65. Florists 5992)
66. Food Stores, Miscellaneous 5411, 5499)
67. Foreign Branches and Agencies of Banks 6081)
68. Foreign Trade and International Banking Institutions 6082)
69. Funeral home or parlor 7261)
70. Garment Pressing, and Agents for Dry Cleaners 7212)
71. Gasoline Service Stations 5541)
72. General Automotive Repair Shops 7538)
73. General Government, not elsewhere classified 9199)
74. General Merchandise Stores (including warehouse clubs and 5311-5399)
discount retail superstores)
75. Gift, Novelty and Souvenir Shops 5947)
76. Hair weaving or Replacement Services 7299)
77. Hardware Store 5251)
78. Health practitioners - not elsewhere classified 8049)
79. Hobby,Toy and Games Shops 5945)
80. Home health care services 8082)
81. Home Furniture and Furnishings Stores 5712-5719)
82. Household Appliance Stores 5722)
83. Hospital and Medical Service Plans 6324)
84. Information Retrieval Services 7375)
85. Insurance Carriers, not elsewhere classified 6399)
86. Investment Advice 6282)
87. Jewelry Stores 5944)
88. Land Subdividers and Developers 6552)
89. Landscape architects, consulting and planning 0781)
90. Laundries (Coin Operated) and Dry-cleaning 7215)
91. Legal services 8111)
92. Libraries (except regional libraries) 8231)
93. Life Insurance 6311)
94. Liquor Stores 5921)
95. Loan brokers 6163)
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Packet Pg. 290 Attachment: Attachment A-Ordinance Number 2019-11 (13379 : PL20200000048 Baumgarten MPUD)
96. Luggage and Leather Goods Stores 5948)
97. Lumber and Other Building Materials Dealers (including home 5211)
improvement superstores)
98. Management Services 8741)
99. Management Consulting Services 8742)
100. Markets, Meat and Fish (Seafood) Markets 5421)
101. Markets, Fruit and Vegetable Markets 5431)
102. Medical Equipment Rental and Leasing 7352)
103. Medical Laboratories 8071)
104. Membership Organizations, not elsewhere classified 8699)
105. Membership Warehouse Clubs with Gas and Liquor No SIC)
106. Miniwarehouse/self-storage (indoor air conditioned only) 4225)
107. Miscellaneous amusement and recreational services not 7999)
elsewhere classified. Only judo instruction, karate instruction,
moped rental, motorcycle rental, rental of bicycles, scuba and
skin diving instruction are permitted
108. Miscellaneous Business Credit Institutions 6159)
109. Miscellaneous Home Furnishings Stores 5719)
110. Miscellaneous personal services, not elsewhere classified 7299)
excluding massage parlors, steam baths, tattoo parlors and
Turkish baths. Day spas are permitted.
111. Miscellaneous Retail Stores, not elsewhere classified 5999)
112. Mortgage Bankers and Loan Correspondents 6162)
113. Motion Picture Theaters 7832)
114. Musical Instrument Stores 5736)
115. News Dealers and Newsstands 5994)
116. Nondeposit Trust Facilities 6091)
117. Optical Goods Stores 5995)
118. Optometrists - offices and clinics 8042)
119. Paint, Glass and Wallpaper Stores 5231)
120. Pension, Health and Welfare Funds 6371)
121. Personal Credit Institutions 6141)
122. Photocopying and Duplicating Services 7334)
123. Photographic Studios, Portrait 7221)
124. Photofinishing Laboratories 7384)
125. Physical Fitness Facilities 7991)
126. Podiatrists - offices and clinics 8043)
127. Political Organizations 8651)
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Packet Pg. 291 Attachment: Attachment A-Ordinance Number 2019-11 (13379 : PL20200000048 Baumgarten MPUD)
128. Professional Membership Organizations 8621)
129. Professional Sports Clubs and Promoters, indoor only 7941)
130. Public Relations Services 8743)
131. Radio, Television and Consumer Electronics Stores 5731)
132. Radio, Television and Publishers Advertising Representatives 7313)
133. Real Estate Agents and Managers 6531)
134. Record and Prerecorded Tape Stores; adult video rental or 5735)
sales prohibited
135. Religious Organizations 8661)
136. Repair Shops and Related Services, not elsewhere classified 7699)
137. Retail Nurseries, Lawn and Garden Supply Stores 5261)
138. Secretarial and Court Reporting Services 7338)
139. Security Brokers, Dealers and Flotation Companies 6211)
140. Security and Commodity Exchanges 6231)
141. Services Allied with the Exchange of Securities or Commodities, 6289)
not elsewhere classified
142. Sewing, Needlework and Piece Goods Stores 5949)
143. Shoe Repair Shops and Shoeshine Parlors 7251)
144. Short-Term Business Credit Institutions, except agricultural 6153)
145. Social Services, Individual and Family (activity centers, elderly 8322)
or handicapped only; day care centers for adult and
handicapped only)
146. Sporting Goods Stores and Bicycle Shops 5941)
147. Stationery Stores 5943)
148. Stores, Children's and Infants Wear 5641)
149. Stores, Family Clothing 5651)
150. Stores, Miscellaneous Apparel and Accessory 5699)
151. Stores, Shoes 5661)
152. Stores, Women's Accessory and Specialty 5632)
153. Surety Insurance 6351)
154. Surveying Services 8713)
155. Tanning Salons 7299)
156. Tax Return Preparation Services 7291)
157. Tire retreading and repair shops, tire repair only 7534)
158. Title Abstract Offices 6541)
159. Title Insurance 6361)
160. Tobacco Stores and Stands 5993)
161. Travel Agencies (no other transportation services) 4724)
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Packet Pg. 292 Attachment: Attachment A-Ordinance Number 2019-11 (13379 : PL20200000048 Baumgarten MPUD)
162. Tutoring 8299)
163. Used Merchandise Stores (excluding pawn shops) 5932)
164. Veterinary services for animal specialties 0742)
165. Video Tape Rental, adult video rental or sales prohibited 7841)
166. Watch, Clock and Jewelry Repair 7631)
167. Any other principal use, which is comparable in nature with the
foregoing list of permitted principal uses, as determined by the
Board of Zoning Appeals ("BZA") or the Hearing Examiner.
B. Accessory Uses:
1. Uses and structures that are accessory and incidental to the permitted uses within
this MPUD document.
2. Water management facilities to serve the project such as lakes.
3. Open space uses and structures such as, but not limited to, boardwalks, nature
trails, gazebos and picnic areas.
4. Any other accessory and related use that is determined to be comparable in
nature with the foregoing uses and consistent with the permitted accessory uses of
this MPUD as determined by the BZA or the Hearing Examiner.
RESIDENTIAL:
A. Principal Uses:
1. Dwelling Units - Multi-family and Townhouse
2. Model homes/ model sales or leasing offices
3. Any other principal use, which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals ("BZA")
or the Hearing Examiner.
B. Accessory Uses:
1. Accessory uses and structures customarily associated with the principal uses
permitted in this MPUD, including but not limited to garages, carports, swimming
pools, spas and screen enclosures.
2. Water management facilities to serve the project such as lakes.
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Packet Pg. 293 Attachment: Attachment A-Ordinance Number 2019-11 (13379 : PL20200000048 Baumgarten MPUD)
3. Any other accessory and related use that is determined to be comparable in
nature with the foregoing uses and consistent with the permitted accessory uses of
this MPUD as determined by the BZA or the Hearing Examiner.
C. Amenity Area:
1. Principal Uses:
a. Clubhouses, community administrative facilities and recreational facilities
intended to serve residents and guests, including leasing and construction
offices.
b. Any other principal use, which is comparable in nature with the foregoing
list of permitted principal uses, as determined by the Board of Zoning
Appeals ("BZA") or the Hearing Examiner.
2. Accessory Uses:
a. Accessory uses and structures customarily associated with the principal uses
permitted in this MPUD, including but not limited to swimming pools and spas.
b. Water management facilities to serve the project such as lakes.
c. Open space uses and structures such as, but not limited to, boardwalks,
nature trails, gazebos and picnic areas.
d. Any other accessory and related use that is determined to be comparable in
nature with the foregoing uses and consistent with the permitted accessory
uses of this MPUD as determined by the BZA or the Hearing Examiner.
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Packet Pg. 294 Attachment: Attachment A-Ordinance Number 2019-11 (13379 : PL20200000048 Baumgarten MPUD)
EXHIBIT B
BAUMGARTEN MPUD
DEVELOPMENT STANDARDS
The tables below set forth the development standards for land uses within the Baumgarten
MPUD. Standards not specifically set forth herein shall be those specified in applicable sections
of the LDC in effect as of the date of approval of the SDP or subdivision plat.
I.MIXED-USE:
PRINCIPAL USES ACCESSORY USES
MINIMUM LOT AREA 10,000 Sq. Ft. N/A
AVERAGE LOT WIDTH 100 ft. N/A
MINIMUM YARDS (External)
From Immokalee Road ROW 25 ft. SPS
From Collier Boulevard ROW 25 ft. SPS
From Eastern Project Boundary*** 50 ft.15 ft
From Southern Project Boundary 200 ft. Minimum 200 ft. Minimum
MINIMUM YARDS (Internal)
Internal Drives/ROW 10 ft.10 ft
Rear 10 ft.10 ft.
Side 10 ft.10 ft.
Lakes (measured from control
elevation) 25 ft.20 ft.*
Preserve 25 ft.10 ft.
MIN. DISTANCE BETWEEN STRUCTURES 1/2 the sum of building heights 10 Ft.
MAXIMUM HEIGHT*** ZONED ACTUAL ZONED ACTUAL
Retail Buildings 45 ft. 65 ft. 35 ft.45 ft.
Office Buildings and Hotel/Motel 55 ft. 65 ft. 35 ft.45 ft.
MINIMUM FLOOR AREA (ground floor) 1,000 sq. ft. ** N/A
MAXIMUM GROSS COMMERCIAL AREA 270,000 sq. ft. N/A
No structure may be located closer than 20 feet to the control elevation of a lake (allowing
for the required minimum 20-foot wide lake maintenance easement).
Per principal structure. Kiosk vendor, concessions, and temporary or mobile sales
structures shall be permitted to have a minimum floor area of twenty-five (25) square
feet and shall be subject to the accessory structure standards set forth in the LDC.
Any building exceeding 50 feet in height shall increase its setback by one foot for each
one feet exceeding 50 feet of zoned height from the eastern PUD boundary. No dumpster
enclosure permitted within 105 feet of the eastern PUD boundary.
Note: Residential dwellings may be constructed above retail or office use.
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Packet Pg. 295 Attachment: Attachment A-Ordinance Number 2019-11 (13379 : PL20200000048 Baumgarten MPUD)
II.RESIDENTIAL:
PRINCIPAL STRUCTURE *6 TOWNHOUSE MULTI-FAMILY AMENITY AREA *4
PER UNIT)
Minimum Lot Area 1,440 SF 43,560 SF N/A
Minimum Lot Width 18 feet N/A N/A
Minimum Lot Depth 80 feet N/A N/A
Minimum Front Yard Setback 20 feet *2 20 feet *2 15 feet
Minimum Side Yard Setback 0/10 feet *1 0/10 feet *1 15 feet
Minimum Rear Yard Setback 15 feet 15 feet 15 feet
Minimum Preserve Setback 25 feet 25 feet 25 feet
Minimum PUD Boundary Setback 105 feet 105 feet 105 feet *5
Maximum Building Height
Zoned 45 feet 55 feet 25 feet
Actual 50 feet 65 feet 35 feet
Minimum Distance Between Buildings 20 feet 20 feet N/A
Floor Area Minimum, per unit 750 SF 684 SF N/A
ACCESSORY STRUCTURES *6
Minimum Front Yard Setback *2 15 feet 15 feet 10 feet
Minimum Side Yard Setback 10 feet 10 feet 10 feet
Minimum Rear Yard Setback *3 10 feet 10 feet 10 feet
Minimum Preserve Setback 10 feet 10 feet 10 feet
Minimum PUD Boundary Setback 15 feet 15 feet 15 feet*7
Minimum Distance Between Buildings 0/10 feet 0/10 feet N/A
Maximum Height
Zoned 35 feet 35 feet 25 feet
Actual 40 feet 40 feet 30 feet
SPS—Same as Principal Structure
BH—Building Height(zoned height)
1—Minimum separation between adjacent dwelling units, if detached,shall be 10'.
2—Front yards shall be measured from back of curb (if curbed) or edge of pavement (if not curbed) for private streets
or drives, and from ROW line for any public roadway. Single-family front entry garages shall have a 23'setback from
back of sidewalk.
3—All landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or
lake tracts and not be within a residential lot. Where a home site abuts a Landscape Buffer Easement or Lake
Maintenance Easement within open space tracts or lake tracts,the accessory structure setback on the residential lot
may be reduced to zero (0)feet where it abuts the easement.
4—When not located in a residential building within the "R"tract.
5—Does not apply to passive recreational uses such as trails/pathways.
6 - Community structures such as guardhouses, gatehouses, fences, walls, columns, decorative architectural features,
streetscape, passive parks and access control structures shall have no required setback, except as listed below, and
are permitted throughout the "R" designated areas of the PUD; however such structures shall be located such that
they do not cause vehicular stacking into the road right-of-way or create site distance issues for motorists and
pedestrians.
7—No swimming pool or dumpster enclosure may be located within 105 feet of the southern or eastern PUD boundary.
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Packet Pg. 296 Attachment: Attachment A-Ordinance Number 2019-11 (13379 : PL20200000048 Baumgarten MPUD)
Maximum Height for Guardhouses/Gatehouses:
Zoned: 25'
Actual: 30'
Note: nothing in this MPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated
in a list of deviations.
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Packet Pg. 297 Attachment: Attachment A-Ordinance Number 2019-11 (13379 : PL20200000048 Baumgarten MPUD)
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EXHIBIT D
BAUMGARTEN MPUD
LEGAL DESCRIPTION
PARCEL 1 (PARCEL NO. 00192920001):
THE NW 1/4 OF THE NW 1/4, SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, LESS THE
NORTH 100 FEET PREVIOUSLY CONVEYED FOR ROAD RIGHT-OF-WAY AND LESS RIGHT OF WAY
DESCRIBED IN O.R. BOOK 2568, PAGE 1176 AND LESS RIGHT OF WAY DESCRIBED IN O.R. BOOK
3328, PAGE 1487, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
PARCEL 2 (PARCEL NO. 00192360001):
THE WEST 60% OF THE NE 1/4 OF THE NW 1/4, SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26
EAST, LESS THE NORTH 100 FEET PREVIOUSLY CONVEYED FOR ROAD RIGHT-OF-WAY AND LESS
ROAD RIGHT-OF-WAY DESCRIBED IN O.R. BOOK 3328, PAGE 1487, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
THE ABOVE DESCRIBED LANDS BEING SUBJECT TO THE TERMS OF THAT BOUNDARY LINE
AGREEMENT RECORDED IN OFFICIAL RECORD BOOK 2228, PAGE 1540, COLLIER COUNTY,
FLORIDA, AND SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A TRACT OR PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA,
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26,THENCE S.89°58'37"E.ALONG
THE NORTH LINE OF SAID SECTION 26, A DISTANCE OF 105.55 FEET; THENCE 5.00°01'23"W.
DEPARTING SAID NORTH LINE, A DISTANCE OF 136.96 FEET TO AN INTERSECTION WITH THE
SOUTH RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AND THE POINT OF BEGINNING.
FROM SAID POINT OF BEGINNING, THENCE RUN ALONG SAID SOUTH RIGHT-OF-WAY THE
FOLLOWING NINE (9) COURSES:
1.N.86°54'32"E., A DISTANCE OF 220.75 FEET,
2.5.89°58'57"E., A DISTANCE OF 585.17 FEET,
3.S.00°01'25"W., A DISTANCE OF 15.00 FEET,
4.S.89°58'25"E., A DISTANCE OF 301.91 FEET,
5.S.00°01'35"W., A DISTANCE OF 3.94 FEET,
6.S.89°58'25"E., A DISTANCE OF 89.97 FEET,
7.N.00°01'25"E., A DISTANCE OF 15.00 FEET,
8.S.88°54'04"E., A DISTANCE OF 22.92 FEET,
9.5.88°54'04"E., A DISTANCE OF 793.22 FEET;
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Packet Pg. 300 Attachment: Attachment A-Ordinance Number 2019-11 (13379 : PL20200000048 Baumgarten MPUD)
TO AN INTERSECTION WITH THE WEST BOUNDARY LINE OF THE PLAT OF BENT CREEK PRESERVE,
AS RECORDED IN PLAT BOOK 55, PAGE 61, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE 5.02°16'43"E. DEPARTING SAID SOUTH RIGHT-OF-WAY ALONG SAID WEST
BOUNDARY LINE, A DISTANCE OF 1,194.23 FEET TO AN INTERSECTION WITH THE NORTH
BOUNDARY LINE OF THE PLAT OF TUSCANY COVE, AS RECORDED IN PLAT BOOK 42, PAGE 15, OF
SAID PUBLIC RECORDS; THENCE N.89°59'25"W. ALONG SAID NORTH LINE, A DISTANCE OF
2,013.46 FEET TO AN INTERSECTION WITH THE EAST LINE OF A 100 FOOT WIDE CANAL RIGHT-
OF-WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 12, PAGE 348, OF SAID PUBLIC RECORDS;
THENCE N.02°15'50"W., ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 1,201.93 FEET
TO THE POINT OF BEGINNING.
PARCEL NO. 00192920001 CONTAINS 33.82 ACRES, MORE OR LESS.
PARCEL NO. 00192360001 CONTAINS 21.84 ACRES, MORE OR LESS.
TOTAL PARCEL CONTAINS 55.66 ACRES, MORE OR LESS.
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Packet Pg. 301 Attachment: Attachment A-Ordinance Number 2019-11 (13379 : PL20200000048 Baumgarten MPUD)
EXHIBIT E
BAUMGARTEN MPUD
DEVIATIONS FROM THE LDC
DEVIATION 1: From LDC Section 6.06.01. — "Street System Requirements" and "Appendix B,
Typical Street Sections and Right-of-Way Design Standards". The LDC establishes
a minimum 60-foot right of way width for local streets.This deviation proposes to
instead allow for private roads within the site to be located in a 50-foot wide
access easement or Right-of-Way, as shown on the Master Plan and in Exhibit El,
Deviation #1 Cross Section.
DEVIATION 2: From LDC Section 5.06.04.F.3, "Directory Signs", which requires a Directory Sign
to be a maximum of 20 feet in height and a maximum of 200 square feet, to
instead allow the Directory Sign located at the Collier Boulevard entrance to the
MPUD to be a maximum of 25 feet in height and a maximum of 250 square feet in
size.
DEVIATION 3: From LDC Sections 5.06.04.F1 and 5.06.04.F.2, "Ground Signs", which allows each
outparcel to have a single ground sign along a public street, to instead allow
outparcels and individual free standing uses within the MPUD to have one
additional ground sign that is oriented to the internal private by-pass driveway
labeled as R.O.W or access easement on the Master Plan) that is provided for in
the MPUD.
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Packet Pg. 302 Attachment: Attachment A-Ordinance Number 2019-11 (13379 : PL20200000048 Baumgarten MPUD)
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Packet Pg. 303 Attachment: Attachment A-Ordinance Number 2019-11 (13379 : PL20200000048 Baumgarten MPUD)
EXHIBIT F
BAUMGARTEN MPUD
DEVELOPMENT COMMITMENTS
1.PUD MONITORING
One entity(hereinafter the Managing Entity) shall be responsible for PUD monitoring until
close-out of the PUD, and this entity shall also be responsible for satisfying all PUD
commitments until close-out of the PUD. At the time of this PUD approval,the Managing
Entity is BCHD Partners II, LLC, 2600 Golden Gate Parkway, Naples, FL 34105. Should the
Managing Entity desire to transfer the monitoring and commitments to a successor entity,
then it must provide a copy of a legally binding document that needs to be approved for
legal sufficiency by the County Attorney. After such approval, the Managing Entity will be
released of its obligations upon written approval of the transfer by County staff, and the
successor entity shall become the Managing Entity. As Owner and Developer sell off
tracts, the Managing Entity shall provide written notice to County that includes an
acknowledgement of the commitments required by the PUD by the new owner and the
new owner's agreement to comply with the Commitments through the Managing Entity,
but the Managing Entity shall not be relieved of its responsibility under this
Section. When the PUD is closed-out, then the Managing Entity is no longer responsible
for the monitoring and fulfillment of PUD commitments.
2.MISCELLANEOUS
a. All other applicable state or federal permits must be obtained before commencement
of the development.
b. 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.
c. Parking lot lighting shall be dark sky compliant (flat panel, full cut off fixtures—BUG
rating where U = 0) to avoid light spill onto adjacent properties. Fixtures within 50-ft
of residential properties along the PUD boundary shall be set at no higher than a 15-
ft mounting height. Otherwise the site light poles shall not exceed a 25-ft mounting
height. Light levels along the PUD boundary shall be limited to no more than 0.2-ft-
candles along the joint property line where adjacent to residential property (i.e. not
applicable to Collier Blvd and Immokalee Rd). However light levels at
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CAO
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interconnections identified on the Master Plan may be standard lighting for
residential development.
3.UTILITIES
a. As part of the subdivision plat approval or SDP for the residential portion of the PUD,
the owner shall provide a water main stub-out to the southern property line of the
PUD, at the interconnect location shown on the PUD Master Plan, in a location
determined by the owner and approved by the County. A County Utility Easement
will be conveyed by owner to County at no cost to the County for the water main stub-
out and shall be shown on the recorded plat or recorded by separate instrument prior
to preliminary acceptance of utilities. The stub-out shall be sized to supply fire flow
to the PUD under maximum day conditions, as required by Collier County Design
Criteria in the Collier County Water-Sewer District Utilities Standards Manual, as
adopted by Ordinance 2004-31, as amended, and as further amended by Resolution
No. 2014-258, or its successor resolution. This stub-out will not be required if the
residential tract is master metered.
b. As part of the subdivision plat approval or SDP for the residential portion of the PUD,
the owner shall provide a water main stub-out to the eastern property line of the PUD,
at the location of the terminus of Glenforest Drive within the Bent Creek Preserve
RPUD. A County Utility Easement will be conveyed by owner to County at no cost to
the County for the water main stub-out and shall be shown on the recorded plat or
recorded by separate instrument prior to preliminary acceptance of utilities. The
stub-out shall be sized to supply fire flow to the PUD under maximum day conditions,
as required by Collier County Design Criteria in the Collier County Water-Sewer District
Utilities Standards Manual, as adopted by Ordinance 2004-31, as amended, and as
further amended by Resolution No. 2014-258, or its successor resolution. This stub-
out will not be required if the residential tract is master metered.
4. TRANSPORTATION
a. The maximum net external trip generation for the PUD shall not exceed 1,159 two-
way PM peak hour trips as a mixed-use commercial/residential project ( internal
capture and pass by trips deducted).The trips will be based on the applicable land use
codes in the Institute of Transportation Engineers (ITE) Trip Generation Manual in
effect at the time of application for Site Development Plan (SDP), or Plat and
Construction Plan (PPL) approval.
b. As a part of the first application for Site Development Plan or Plat for construction of
the development an operational Transportation Impact Statement will be provided
that includes the entire development (highest and best use) for review and approval
by Collier County Transportation staff which will be updated/revised with each
subsequent SDP or Plat application until the build-out condition is achieved.
Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019
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Packet Pg. 305 Attachment: Attachment A-Ordinance Number 2019-11 (13379 : PL20200000048 Baumgarten MPUD)
5.SPECIAL CONDITIONS
a. No adult orientated sales are permitted.
b. For commercial uses, outdoor music and televisions shall be limited to the areas that
are a minimum of 500 feet from the southern and eastern PUD boundaries. There will
be no outdoor amplified sound between the hours of 10 p.m. and 8 a.m. weekdays
and 12 a.m. and 8 a.m. on weekends. There will be no outdoor dining on the MU Tract
adjacent to Bent Creek Preserve PUD.
c. Dumpsters shall be oriented as far away from residential units as possible.
d. Delivery bays shall not abut external residential development.
e. Service bays related to automobile service and repair shall be located so that they do
not face any external residential district within 1500 feet.
f. All pole lighting located in Amenity Areas shall be limited to flat full cutoff shields.
g. Residential Amenity Area — no amplified sound after 10:00 p.m. and no lighted
recreational facilities, other than low illumination ground mounted light, after 10:00
p.m.
h. Pedestrian and vehicular interconnection to Tuscany Cove shall be gated and six foot
high, chain link fencing shall be extended 100 lineal feet on each side of the gated
access prior to the first Certificate of Occupancy for the residential dwelling units
adjacent to the southern PUD boundary.
i. 100 lineal feet of six foot high, chain link fencing shall be installed near the southwest
portion of the site as shown on the Master Plan prior to the first Certificate of
Occupancy for the residential dwelling units adjacent to the southern PUD boundary.
j. As part of the initial project site work, the developer shall install the berm and
perimeter landscape buffers along the southern and eastern PUD boundaries. The
southern perimeter landscape buffer shall include a 6-foot high fence with opaque
slats.Within the southern landscape buffer,the developer shall provide supplemental
landscape plantings meeting the type C landscape buffer canopy tree requirement
where the Tuscany Cove landscape buffer has missing canopy trees. This supplement
planting shall occur within the Baumgarten PUD's 15-foot wide landscape buffer.
Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019
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ifil;' - _ *
I
c
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
June 17, 2019
Ms. Ann Jennejohn, Senior Deputy Clerk
Office of the Clerk of the Circuit Court
Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Jennejohn:
Pursuant to the provisions of Section 125.66,Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 19-11, which was filed in this office on June 17, 2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us
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Packet Pg. 307 Attachment: Attachment A-Ordinance Number 2019-11 (13379 : PL20200000048 Baumgarten MPUD)
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Packet Pg. 308 Attachment: Attachment B-Letter of No Objection- Davis 4-16-20 (13379 : PL20200000048 Baumgarten MPUD)
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Packet Pg. 310 Attachment: Attachment B-Letter of No Objection- Davis 4-16-20 (13379 : PL20200000048 Baumgarten MPUD)
Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 1 of 2
Growth Management Department
Zoning Division
Comprehensive Planning Section
MEMORANDUM
To: Nancy Gundlach, AICP, PLA # 1244, Principal Planner
Zoning Division, Zoning Services Section
From: Sue Faulkner, Principal Planner
Zoning Division, Comprehensive Planning Section
Date: May 14, 2020
Subject: Future Land Use Element Consistency Review
PETITION NUMBER: PDI – PL20200000048 - REV 2
PETITION NAME: Baumgarten MPUD (formerly Pelican Nursery) PDI
REQUEST: The petitioner is requesting to amend the MPUD to allow deviations from LDC Sections
5.05.05.B.1 & 5.05.05.D.2.a, Facilities with Fuel Pumps and 5.06.04.F.3, Directory Signs. Exhibit E,
MPUD Deviations, has been revised to include the proposed deviations and Exhibit C Master Plan has been
revised to note the deviations on the plan. Submittal 2 included responses to staff comments with the
following documents: letters of no objections, revisions to the deviation justifications, revisions to Exhibit
C – Master Plan, and revisions to Exhibit E – Deviations.
LOCATION: The subject site is located in the southeast quadrant of the intersection of Immokalee Road
(CR 846) and Collier Blvd. (CR 951) in Section 26, Township 48 South, Range 26 East.
COMPREHENSIVE PLANNING COMMENTS: Approximately 36 acres of the subject site is
identified as Urban Designation, Urban Commercial District, Mixed Use Activity Center #3; the remaining
approximately 19.66 acres of the subject site is identified as Urban Designation, Mixed Use District, Urban
Residential Subdistrict on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP).
The subject site is zoned Baumgarten MPUD Zoning District.
The FLUE states the following: “The purpose of the Urban Residential Subdistrict is to provide for higher
densities in an area with fewer natural resource constraints and where existing and planned public facilities
are concentrated. Maximum eligible residential density shall be determined through the Density Rating
System but shall not exceed 16 dwelling units per acre except in accordance with the Transfer of
Development Rights Section of the Land Development Code.”
The FLUE also states the following: “Mixed Use Activity Centers are intended to provide for concentrated
commercial and mixed use development, but with carefully configured access to the road network. The
Mixed-Use Activity Center concept is designed to concentrate almost all new commercial zoning in
locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of
commercial development, and to create focal points within the community. Mixed Use Activity Centers are
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Packet Pg. 311 Attachment: Attachment C-FLUE Consistency Review 5-15-20 (13379 : PL20200000048 Baumgarten MPUD)
Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 2 of 2
intended to be mixed-use in character. Further, they are generally intended to be developed at a human -
scale, to be pedestrian-oriented, and to be interconnected with abutting projects – whether commercial or
residential. Street, pedestrian pathway and bike lane interconnections with abutting properties, where
possible and practicable, are encouraged.
Allowable land uses in Mixed Use Activity Centers include the full array of commercial uses (C1-C5),
residential uses, institutional uses, hotel/motel uses at a maximum density of 26 units per acre, community
facilities, and other land uses as generally allowed in the Urban designation.”
Baumgarten MPUD, via Ordinance #19-11, is approved for a maximum of 400 dwelling units on ±55.66
gross acres and a maximum of 270,000 square feet of commercial land uses.
Select FLUE Policies are given below, followed with [bracketed staff analysis].
FLUE Policy 5.4 states: “New developments shall be compatible with, and complementary to, the
surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22,
2004 and effective October 18, 2004, as amended).” [It is the responsibility of the Zoning Services staff,
as part of their review of the petition in its entirety, to perform the compatibility analysis.]
FLUE Objective 7 and Relevant Policies
Due to the minor changes proposed (no changes in permitted uses, densities, or intensities) beyond
the currently approved Baumgarten MPUD, and because the PUD was recently approved via
Ordinance #19-11, staff is of the opinion that a re-evaluation of FLUE policies under Objective 7
(pertaining to access, interconnections, walkability, etc.) is not necessary.
CONCLUSION
This rezone petition may be deemed consistent with the Future Land Use Element (FLUE) of the
Growth Management Plan.
PETITION ON CITYVIEW
cc: Anita Jenkins, AICP, Community Planning Manager, Zoning Division
Raymond V. Bellows, Manager, Zoning Division, Zoning Services Section
PDI-PL202000000048 Baumgarten R2.docx
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Packet Pg. 312 Attachment: Attachment C-FLUE Consistency Review 5-15-20 (13379 : PL20200000048 Baumgarten MPUD)
PUD and Rezoned Findings from PUDR-PL20170000768, BAUMGARTEN MPUD
REZONE FINDINGS:
Staff offers the following analysis:
1. Whether the proposed change will be consistent with the goals, objectives, and policies and
future land use map and the elements of the GMP.
The Comprehensive Planning staff has indicated that the proposed PUD Rezone is consistent with
all applicable elements of the FLUE of the GMP. See Attachment B – FLUE Consistency Review.
2. The existing land use pattern.
As described in the “Surrounding Land Use and Zoning” portion of this report and discussed in
the zoning review analysis, the neighborhood’s existing land use pattern can be characterized as
mostly developed commercial and residential.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent
and nearby districts. It is also comparable with expected land uses by virtue of its consistency with
the FLUE of the GMP.
4. Whether existing district boundaries are illogically drawn in relation to existing conditions
on the property proposed for change.
The district boundaries are logically drawn as discussed in Items 2 and 3.
5. Whether changed or changing conditions make the passage of the proposed rezone
necessary.
The proposed change is not necessary, but it is being requested in compliance with the LDC
provisions to seek such changes because the petitioner wishes to develop the property with mixed-
use and residential land uses.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
The proposed building heights could adversely influence living conditions for the adjacent single-
family residential dwellings along the southern and eastern Baumgarten PUD boundaries.
Therefore, Staff is recommending Conditions of Approval 2 and 3 as stated within this Staff
Report.
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Packet Pg. 313 Attachment: Attachment D-Rezone Findings and Findings for the PUD 5-13-20 (13379 : PL20200000048 Baumgarten MPUD)
PUD and Rezoned Findings from PUDR-PL20170000768, BAUMGARTEN MPUD
7. Whether the proposed change will create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak volumes
or projected types of vehicular traffic, including activity during construction phases of the
development, or otherwise affect public safety.
The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e.,
the GMP is consistent at the time of rezoning as evaluated as part of the GMP Transportation
Element consistency review. Operational impacts will be addressed at the time of the first
development order (SDP or Plat). Additionally, the project’s development must comply with all
other applicable concurrency management regulations when development approvals are sought.
8. Whether the proposed change will create a drainage problem.
The proposed PUD Rezone will not create a drainage problem. The project will discharge directly
into the abutting 951 Canal which is a primary drainage feature owned and maintained by
SFWMD. Furthermore, the project is subject to the requirements of Collier County and the
SFWMD Environmental Resource Permitting criteria.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
It is anticipated that the proposed PUD Rezone will not reduce light and air to adjacent areas inside
or outside the PUD.
10. Whether the proposed change would adversely affect property values in the adjacent area.
This is a subjective determination based upon anticipated results, which may be internal or external
to the subject property. Property valuation is affected by a host of factors including zoning;
however, zoning by itself may or may not affect values, since value determination is driven by
market value.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
Other than Bent Creek Preserve to the east, properties around the Baumgarten MPUD are mostly
developed. The basic premise underlying all of the development standards in the LDC is that their
sound application, when combined with the SDP approval process and PPL process, gives
reasonable assurance that a change in zoning will not result in deterrence to improvement or
development of adjacent property. Therefore, the proposed zoning change should not be a
deterrent to the improvement of adjacent properties.
12. Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasted with the public welfare.
The development complies with the GMP, which is a public policy statement supporting zoning
actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed
Rezone does not constitute a grant of special privilege. Consistency with the FLUE is further
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PUD and Rezoned Findings from PUDR-PL20170000768, BAUMGARTEN MPUD
determined to be a public welfare relationship because actions consistent with plans are in the
public interest.
13. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning.
The subject property can be used in accordance with existing zoning; however, the proposed uses
cannot be achieved without rezoning the property.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
county.
If Staff’s Conditions of Approval are followed, the proposed PUD Rezone will not be deemed as
out of scale with the needs of the neighborhood or County.
15. Whether it is impossible to find other adequate sites in the county for the proposed use in
districts already permitting such use.
There may be other sites in the County that could accommodate the uses proposed; however, this
is not the determining factor when evaluating the appropriateness of a zoning decision. The
petition was reviewed on its own merit for compliance with the GMP and the LDC, and staff does
not review other sites in conjunction with a specific petition.
16. The physical characteristics of the property and the degree of site alteration which would be
required to make the property usable for any of the range of potential uses under the
proposed zoning classification.
Any development anticipated by the PUD Document would require considerable site alteration,
and this project will undergo extensive evaluation relative to all federal, state, and local
development regulations during the SDP and/or PPL processes, and as part of the building permit
process.
17. The impact of development on the availability of adequate public facilities and services
consistent with the levels of service adopted in the Collier County GMP and as defined and
implemented through the Collier County adequate public facilities ordinance.
The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding
Adequate Public Facilities (APF), and the project will need to be consistent with all applicable
goals and objectives of the GMP regarding adequate public facilities, except as may be exempt by
federal regulations. This petition has been reviewed by County staff responsible for jurisdictional
elements of the GMP as part of the amendment process, and those staff persons have concluded
that no Level of Service will be adversely impacted with the commitments contained in the PUD
Document. The concurrency review for APF is determined at the time of SDP review. The activity
proposed by this amendment will have no impact on public facility adequacy in regard to utilities.
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Packet Pg. 315 Attachment: Attachment D-Rezone Findings and Findings for the PUD 5-13-20 (13379 : PL20200000048 Baumgarten MPUD)
PUD and Rezoned Findings from PUDR-PL20170000768, BAUMGARTEN MPUD
18. Such other factors, standards, or criteria that the Board of County Commissioners shall
deem important in the protection of the public health, safety, and welfare.
To be determined by the BCC during its advertised public hearing.
PUD FINDINGS:
LDC Section 10.02.13.B.5 states that “In support of its recommendation, the CCPC shall make
findings as to the PUD Master Plan’s compliance with the following criteria:”
1. The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer,
water, and other utilities.
The area is suitable for the proposed type and pattern of commercial and residential development.
However, as discussed in the Zoning Review section of this Staff Report, staff has recommended
Conditions of Approval 2 and 3 to address potential incompatibilities along the shared boundaries
with residential development:
2. Any building located within 50 feet of an external residential PUD boundary shall be setback
an additional 1-foot for each foot of zoned height over 50 feet.
3. When an Amenity building or use is located less than 100 feet from a residential PUD
boundary, a 15-foot wide Type B landscape buffer with a 6-foot high wall shall be provided.
Transportation planning staff has reviewed the petition for compliance with the GMP and the LDC
and can recommend approval subject to the Conditions of Approval outlined in the Transportation
Element and the development commitments for transportation contained in Exhibit F of the PUD
Document.
Water and wastewater transmission mains are readily available within the Collier Boulevard right-
of-way, and there is adequate water and wastewater treatment capacity to serve the proposed PUD.
The PUD Document includes commitments to provide main water stub-outs for water distribution
system looping with the adjacent developments of Bent Creek Preserve to the east and Tuscany
Cove to the south. These commitments will not be required if the residential tract is master
metered.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for Rezones in those proposed, particularly as they may
relate to arrangements or provisions to be made for the continuing operation and
maintenance of such areas and facilities that are not to be provided or maintained at public
expense.
Documents submitted with the application provided satisfactory evidence of unified control of the
property. Additionally, the development will be required to gain SDP approval. These processes
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PUD and Rezoned Findings from PUDR-PL20170000768, BAUMGARTEN MPUD
will ensure that appropriate stipulations for the provision of, continuing operation of, and
maintenance of infrastructure will be provided by the developer.
3. Conformity of the proposed Planned Unit Development with the goals, objectives, and
policies of the GMP.
County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives,
and policies of the GMP within the GMP discussion of this staff report. Based on that analysis,
staff has found this petition consistent with the overall GMP.
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and
screening requirements.
The proposed landscaping and buffering standards are compatible with most of the adjacent uses.
Staff has recommended Conditions of Approval 2 and 3 (listed under PUD Finding 1) to address
potential incompatibilities along the shared boundaries with residential development.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The amount of open space set aside for this project meets the minimum requirement of the LDC.
6. The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private.
Collier County has sufficient treatment capacity for water and wastewater service to the project.
The roadway infrastructure is sufficient to serve the proposed project, as noted in the
Transportation Element consistency review. Operational impacts will be addressed at time of first
development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning
movements for all site access points. Finally, the project’s development must comply with all
other applicable concurrency management regulations when development approvals, including but
not limited to any plats and or site development plans, are sought.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
The area has adequate supporting infrastructure, including Collier County Water-Sewer District
potable water and wastewater mains, to accommodate this project.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations in
the particular case, based on determination that such modifications are justified as meeting
public purposes to a degree at least equivalent to literal application of such regulations.
This criterion essentially requires an evaluation of the extent to which development standards and
deviations proposed for this PUD depart from development standards that would be required for
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PUD and Rezoned Findings from PUDR-PL20170000768, BAUMGARTEN MPUD
the most similar conventional zoning district. The petitioner is seeking three deviations related to
street width, directory signs and ground signs.
Please, refer to the Deviation Discussion portion of the staff report below for a more extensive
examination of the deviations.
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Packet Pg. 318 Attachment: Attachment D-Rezone Findings and Findings for the PUD 5-13-20 (13379 : PL20200000048 Baumgarten MPUD)
PL2020000048 Baumgarten MPUD PDI July 30, 2020 NIM
Page 1 of 22
Wayne: Can everybody – everybody hear me when I talk at this level?
Good. I’m Wayne Arnold, and this is Sharon Umpenhour that’s,
uh, going to record our meeting for the Baumgarten insubstantial
PUD amendment that we’re here for, and, um, I appreciate so
many folks coming out. We have a short presentation. Let me
introduce a few other folks. We have David Genson and Austin
Howell from the Collier Companies in the back of the room. We
have Rich Yovanovich. He’s our land use counsel. Then, we have
Sharon, and then, sitting back here, uh, is Nancy Gundlach. She’s
the principal planner with Collier County, and she’s handling our
application that’s moving its way through the county process.
As I mentioned, this is an insubstantial change. We’re making
some minor modifications to the PUD that was approved in 2019.
I’m sure most of you live around the area and see that there’s
construction occurring. The first phase of that is under construction
now. But, what we’re asking for are some deviation requests that
affect, um, largely our signage and the internal gas/convenience
store that we will, uh, have in the, uh, PUD.
[00:01:09] Those are permitted uses, but we have to ask for deviations. Some
of the code nuances really weren’t anticipated until we got a little
further into the construction plans of the project. This is the
property of the old Pelican Nursery an aerial photograph is up on
the screen and, uh, it doesn’t look like that today, obviously,
because that was taken pre-construction.
This is our approved master plan. It’s conceptual, but the MU
designations on that mean it’s mixed use. It can allow residential or
commercial, and in the middle of the site, there’s a tract designated
MU/R, which can be commercial or residential, which it probably
will be, and then, further south, next to Tuscany, is part of our, uh,
review. The first time through with the residents, those tracts were
committed to residential only, and we’re not changing any of those
designations on those tracts.
[00:02:01] Our proposed master plan is what’s highlighted in yellow, and this
particular plan is the location for the gas/convenience store and the
deviation we’re asking for might be. We have a residential
apartment building that’s going to be constructed on a portion of a
residential tract east of our entrance road on Immokalee Road, and
the county has certain buffering requirements for, gas convenience
stores where they’re within 250 feet of residential.
The gas station would be within 250 feet of our internal residential,
so we’ve asked for some deviations on the buffering and worked
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Packet Pg. 319 Attachment: Attachment E-NIM Transcript July 30 2020 (13379 : PL20200000048 Baumgarten MPUD)
PL2020000048 Baumgarten MPUD PDI July 30, 2020 NIM
Page 2 of 22
with the residential developer – they’ve written a letter; they have
no objections, for us to review some of the buffering with land use
since they’ll have a buffer, the commercial will have a buffer, and
then, we have a street intervening between the two, so the standard
buffering the county has in the code didn’t really necessarily apply
here. I think the staff concurs with us that the buffering plan we
proposed as a deviation is sufficient.
[00:03:00] This is on the aerial photograph just to give you an idea of where it
relates to those of you who may be in Bent Creek or Tuscany that
are close to residential neighbors can see it’s simple to a site on
and off [inaudible]. This – we have some deviations here, that are
numbered, which probably means nothing to you. They’re keyed
on the master plan. But, these relate to signage in the project.
There’s a provision we wrote into the original plan development
that allows each of the out-parcels facing Immokalee Road to have
a second sign on our internal access road. This standard establishes
some new standards for that. I’m working with the sign reviewers
of the county, so those – while they have a second sign on the
frontage road, it has criteria for the size of those signs. The other
deviations that we’ve asked for in this particular case relate to, uh,
the gas station/convenience store buffering standards that I’ve
alluded to.
[00:04:00] These, um, allow us to change the buffering standards internally. It
doesn’t change anything external of what you might see from
outside the project. We have other deviations – these are called 8,
9, and 10 for those of you – it relates to a directory sign. The way
the county code is written, a directory sign would be where you
have a multiple-tenant parcel.
You’ve probably seen articles in the paper that Founders Square is
gonna be sort of the first phase, and it's gonna have multiple
tenants, but the way the county’s code requirement is written, we
don’t get to have that at our project entrance because it’s going to
be owned separately than the rest of the commercial tract. It’s a
nuance of the code, so we’ve had to ask for a deviation from the
code to allow it to be located at the westernmost entrance on
Immokalee Road to have that directory sign for the project.
We’ve also asked for something that’s called a boundary marker
sign. Founders Square is going to have its own logo, and what
they’ve identified is they don’t need a sign – big sign at the corner
of 951 or Collier Boulevard and Immokalee Road, but they want a
logo-type sign.
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[00:05:02] The county only allows those for residential projects, so we’ve
asked for a deviation to allow us to have logo signs for a mixed-
use project, which is what we are. The other – there are two
sections related to that. One allowed – was for the height, and
we’ve got the canal, obviously, that you’re aware of there and
some grade changes, so we had to ask for some deviation related to
the height and the location for that sign. That’s really, in essence,
what we’re proposing to do.
This isn’t a rehashing of the project. It was previously approved,
and as I said, it’s under construction. Um, some of you – I mean, I
saw the article that was in the newspaper from the real estate group
that’s assisting in Phase 1 of the development. This really wasn’t a
meeting established to talk about all of those project details. I’m
sure if you have some questions, we’ll be happy to try to answer
those to the best we can, but why we’re here tonight is to hold the
required meeting before we can go to a hearing.
[00:05:57] We tentatively have a date set with the hearing examiner to – to
review our changes for September the 24th, and that would be a
9:00 a.m. meeting, and if you received notice for this meeting, you
probably will receive notice for that as well. The hearing examiner
will review this, will take input from us, obviously, and any –
anybody else who wants to appear and be heard, but as I said, these
changes were really to assist in the deviations we may have that
were a little farther into the project.
So, with that, I’m gonna close my presentation and be happy to
answer questions that any of you would have. And, just so it’s
clear, we need to have those recorded, so if I could ask you to
come forward if you have a question and speak into the
microphone and introduce yourself, that would be helpful. Yes, sir,
in the back?
Tim: Hi, my name is Tim Aidan. I apologize, I came in late.
Wayne: Okay.
[00:06:54]
Tim: I was just curious about the gas station on our road. So, is that – is
that certain that there will be a gas station at that corner?
Wayne: I – I don’t know if it’s an absolute certain. We’re asking for the
deviation because there have been a couple of different
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gas/convenience folks who were expressing interest in it. It’s one
of the permitted uses in the PUD today, but as I mentioned – and, I
don’t know how much of the presentation you heard – there’s
some internal buffering where a gas station is within 250 feet of a
residential, and we happen to have a residential tract within our
community that’s within 250 feet.
We really didn’t have the foresight when we came through the
process the first time to ask for the deviation internally. I think we
kind of assumed that it wouldn’t be applicable because it was
internal to our own project, but the county wanted to invoke the
special buffering standards that we had, and we just didn’t feel it
was appropriate to have the two levels of buffering and an
intervening local road between the two tracts of land, and staff has
generally occurred with that.
Tim: So, that would be right there on that Immokalee Road entrance?
Wayne: This would be the primary entrance on Immokalee Road, that’s
right.
Tim: And, it would be far out from the res tract as far as the county?
Wayne: Yes. The county has a separation requirement; we’re exceeding
that standard.
[00:08:01]
Tim: Now, is it – is it going to be a Wawa, do you know? Is that…?
Wayne: I don’t think the end user has been selected, at least not for public
consumption.
Tim: Okay. All right, thank you.
Wayne: Yup, thank you. Anybody else? Yes, ma’am.
Jody: Hi. My name is Jody Tatro –
Sharon Umpenhour: Can you stand closer to the mic?
Jody: My name is Jody Tatro, and I’m on Quarry Drive. I just have a
question about the gas station.
Wayne: Okay.
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Jody: I’m just trying to understand where the trucks are gonna come in
and refuel the tanks because I – I know that’s always a question for
people, especially on the fence side. Are they gonna be – this is
gonna be in the front, the rear, the sides? Do we know?
Wayne: I don’t think we know at this point exactly where the tanks are
going to be. I think the – the canopies are almost 100% guaranteed
to be adjacent to Immokalee Road, and the tanks are generally in
that vicinity, so I’m sure any trucks coming onto the side are going
to come in on our primary access point on Immokalee Road.
[00:09:06] We are negotiating and trying to get a traffic signal at our southern
entrance on Collier Boulevard, so there could be a – a safe exiting
route for trucks and others onto Collier Boulevard at that location.
Jody: So, you said you’re negotiating? I thought that was already
confirmed.
Wayne: Well, it’s – it’s authorized for our project, but they have to
negotiate the – there’s a fair-share contribution agreement and
things like that, so it has to involve others besides this developer in
order to obtain the monies to actually install the traffic signal.
Jody: Thank you.
Wayne: Yes, ma’am. Yes, sir?
Ron: My name is Ron Kolojeski, 9327 Woodhurst Drive in Bent Creek
Reserve. We’ve been following this – this project, uh, for quite –
quite a while now, and, uh, one of the main concerns that I had was
traffic flow, you see, and the…the traffic that will be created
because of the ingress and egress to the gas – that’s at the gas
station.
[00:10:10] They just brought up another good point about when the trucks
come in to fill the tanks, what method are they gonna use for
ingress and egress? When this project was undertaken, we – the
public information on this project – one of the big concerns for the
county and for us – the people in Tuscany Cove – was traffic
congestion, and it was very high. There was no place [inaudible]
but I think they called it a Part 4 or Plan 4, uh, density. Uh, do you,
the developers, have – either the county or the developers – the
developers have changed this project. They had a hotel in there at
one time; they took the hotel out and put in a storage unit. I believe
the storage unit still stands.
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[00:10:57] It’s supposed to be, um, owned apartments, those luxury
apartments that I guess [inaudible] the only property – luxury
apartments now that are, um, of the, um, more transient nature
because they’ll either be rented or leased. Um, we – in fact, we
have a major concern on the traffic, and we’re trying to have that
alleviated from the 423 homes we have in our development by
having an interconnect built that was part of the original plan, part
of the plan. Um, I guess my question is does Haldeman or, uh,
Barron Collier – are they going to build that interconnect between
this property and Bent Creek to alleviate traffic off of Immokalee?
Wayne: The – the project – it’s hard to see, um, on that insert, but there is a
potential interconnection that’s been provided. That’s how the
county always identifies these on our zoning master plans, but it
takes two parties to agree to that interconnection.
[00:12:00] It takes you being a Bent Creek Homeowner’s Association and the
developer of that project to come to terms because they don’t get
built at zero cost. There’s a cost to Bent Creek; there’s a cost to the
developer of the residential and commercial tract that it would pass
through. We even made provisions for it, but it’s gonna take
discussions between the two parties to make that happen.
Ron: Um, well, I think that’s okay, but I think we – as a board member
of the Bent Creek Homeowner’s Association, I’d like some kind of
a guarantee, some type of inkling as to is this gonna happen
because it’s easy to stand here and say, you know, we’re gonna go
through some – some bureaucratic mumbo-jumbo, so to speak, and
the end results are gonna, “Well, if Lennar doesn’t wanna do this,
and we don’t wanna do this, we’re just not gonna do this,” the –
the drawing you presented showed an interconnect between Bent
Creek and this project the point.
[00:12:56] Also, we – I’ve heard, and maybe somebody from The Quarry can
identify this, uh, that the road, which is basically an interconnect
access road from The Quarry to the development where CVS is
and Pelican Larry’s, places like that – that road’s gonna be closed,
and if that’s the case, that’s very – I don’t know if it’s a rumor or
what, but I’ve heard that – if that is the case, you’re gonna put
more traffic on Immokalee. So, I mean, if you’re looking at the
traffic studies that were pretty close to the top, I guess, going into
another phase, and you look at the ramifications of the changes you
made in the project to take some traffic out, but now it seems like
you’re putting all the traffic back in.
Wayne: Well, the uses that we’re proposing – the gas station is a permitted
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use. If we could put it on the corner and we were more than 250
feet from our internal residences, I wouldn’t be here asking for the
deviation. We think it’s better for all to be at the location where
we’re proposing it, but the use is permitted today. We’re not
adding to any use. It was part of the original approval.
[00:14:00]
Ron: No, I’m not fighting that. I’m saying to you that the traffic is gonna
be escalated, the means of ingress and egress are gonna be comp –
compromised at times because of the trucks that are gonna be
delivering fuel, and it’s gonna add to more of the congestion
between Immokalee – between Immokalee and Collier.
Wayne: Well, I think I disagree with you. I’m not trying to be
argumentative, but the use has already been included, as well as
the traffic counts associated with it, so they were part of our trip
count that was established for the overall project. We can’t exceed
that number. So, the county will monitor the trips as we come in
for different approvals; the county will have our traffic engineer
and their traffic staff analyze the numbers to make sure we don’t
surpass the maximum trip cap that we’re allowed to do based on
peak hour traffic information.
Ron: Can we get a, uh, some kind of an indication from your folks
regarding the interconnect between Bent Creek and…?
Wayne: Yeah. David, I’m not sure who they’d need to talk to. It’d be at the
residential developer, I think. That’s where the interconnection is. I
don’t know if we can get your information and we can email you
or however best to communicate, but we will if you’ll be happy
enough to give Sharon your name and contact information.
[00:15:11]
Ron: Thank you.
Wayne: Okay, thank you. Anybody else? Questions, comments?
Brian: My name is Brian Gorla. Um, so, my question is – so, the yellow
square – it is – what does it mean about saying that if there was a
gas station, that’s where it’s gonna be?
Wayne: That square that’s on your photograph is the location where we’ve
asked for a deviation. That’s the lot where we think the gas station
would like to be. It happens to be closer than 250 feet to our
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internal residences. I can move that farther west and be beyond
that, but we think that is the best location for a gas station that’s
part of this overall project.
[00:16:03]
Brian: Okay. Is there any chance that that gas station could move further
east?
Wayne: Not the way we’ve structured our deviation. That’s the only parcel
within 250 feet of a residential that it could be permitted on.
Brian: Okay. So, that takes into account the Bent Creek that’s open?
Wayne: It does. Your project will factor into it. We could not put it on the
far eastern part of this property without asking for a separate
deviation to allow that unless we put in the buffering that’s
required by code. It has some extensive buffering that just didn’t
make sense for an internal commercial parcel.
Brian: Okay. Um, when you’re talking about the side – the deviation from
the side – is – is that that you’re making the signs larger, or – I’m
not sure I understand what exactly the specifics are of that.
[00:16:56]
Wayne: There are several, and I can go through the specific language to
give you a kind of presentation, but we asked for several sign
deviations, primarily to deal with signage that otherwise wouldn’t
be allowed for a mixed-use project. This one, for instance, talks
about ground signs, and it has the size criteria, which I can’t read
from here, but it’s relating to the out-parcel signage for our internal
frontage road. Those actually establish size criteria for them
because there’s no criteria in that original approval for them, so we
sat down the sign reviewer and determined what those would be.
They’re smaller than the typical ground signs that you would have
around parcel permits.
Brian: So, when you say “ground signs,” would that be on the internal
road that runs through the project, or would that be on Immokalee?
Wayne: They can be both. Since we had double frontage, we wanted to be
able to have some signage on the internal frontage road. We have a
driveway cut there as well so people could have signage for their
business. They could also have wall signs, but we have a specific
callout if we wanted to have ground signs, which we potentially
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do.
[00:17:56]
Brian: And so, um, the sign that, I guess, is in the far east that goes to
where we run up against Bent Creek, um, would that be a lighted
sign?
Wayne: Uh, the county does allow illuminated signage. Um, what that’s
gonna be – those are ground signs. I mean, those are not taller than,
I think, 8 feet is what the code permits typically for those, so those
are the typical signs you’d see for an out-parcel in a shopping
center.
Brian: So, the – would that be – that’d be a sign that was illuminated from
within, like a [inaudible – crosstalk] spotlight or anything?
Wayne: I think – no – I’m not an expert, but I think the county does allow
external illumination of the signs from the ground up to them, but
if they’re an 8-foot-high sign, then I don’t know that that’s – if
you’re looking at it, what the visual solution type –
Brian: Yeah, I’m just more concerned about the people that live on the
other side of that that might have, you know, on the ground sign on
the east side –
Wayne: Right. Well, I think immediately east of us is part of your preserve
of Bent Creek.
Brian: No. In that corner where the mixed-use is, there are some homes in
there.
[00:19:00] So, um, in Bent Creek, there is a village that they built in our – in
the neighborhood, and so, they’re actually finishing those – there’s
a lot – some of those are built out now, and there’s actually a, um,
telephone tower that’s being taken out, so that whole corner is
homes back there.
Wayne: Right, okay.
Brian: So, you know, people who live in that area might have light
shining in.
Wayne: Mm-hmm.
Brian: So, would that be taken into consideration, or…?
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Wayne: Well, I think that it does. Like I said, the out-parcel today is
allowed to have it. This is for them to allow a secondary sign on
the frontage road only. It doesn’t affect the signage that you
otherwise are allowed to have on Immokalee Road.
Brian: Yeah, I get the “allowed” part, but…
Wayne: Oh yeah. Just – David Genson just pointed out to me we’ll also
have an 8-foot wall requirement between your residential, so
there’s an 8-foot wall buffer that’s part of our master plan in that
location.
[00:20:00]
Brian: Um…that’s it, thank you.
Wayne: Okay, thank you very much.
Speaker 1: Sir, what’s your name?
Brian: Brian Gorla.
Speaker 1: Brian Gorla, thank you.
Wayne: Yes, sir?
Ignacio: Hi. Ignacio Matucci from Tuscany, and although I attended the
first meeting, in all of the, uh, the, uh, pictures you’ve been
presenting, I see no access road from Tuscany out. It used to show
the back entrance to Tuscany joining that road for us to use the
other exit.
Wayne: It still does. It – it’s hard to see. We depict those as arrows on the
master plan, and you can see where your access, um, stubs out to
our property. There’s an access arrow, and it’s labeled “potential
vehicular intersect.” There’s also language in our PUD that talks
about our obligation for providing some security fencing and
things like that.
Ignacio: Oh, it doesn’t show up in any, uh, the one that you published in –
online, and it’s not showing up in this.
[00:21:02]
Wayne: It does. It’s hard to see, but there is an access arrow in the location
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where that would be.
Ignacio: Okay, thank you.
Wayne: Mm-hmm. Anybody else? Yes, ma’am.
Jody: I don’t have – I feel like [inaudible]. I have to tell you, I’m sitting
here thinking – Jody Tatro again. I’m sitting here thinking about
the – the lack of a potential traffic light going out onto Collier and
thinking that was something that’s clearly supposed to be in the
plans back in the beginning, and I’m curious what changed that it
might not happen at this point.
Wayne: It’s going to happen. The county requires there to be a
proportionate share for that.
Jody: Okay.
Wayne: It requires Pebble Creek, for instance, to participate in that.
Jody: Okay, yeah, yeah.
Wayne: We’re trying to figure out how much each party’s going to pay for
the signal. That’s what that means.
Jody: Okay, perfect. Thank you.
Wayne: Yes, ma’am?
[00:22:00]
Ruth: Resident with Tuscany Cove –
Wayne: Can you stand just a little bit closer so we can make sure you’re –
Ruth: I’m a resident of Tuscany Cove. My name is Ruth Fahmy. I read in
your thing that our, um, property manager sent out to us there are
10 or 11 deviations and, um, things that you’re asking for. I think
my general impression – I’m not an engineer, this is not my
expertise, but my impression is all these sections of the codes and
everything are endless. It seems like you’re asking from a lot of
relief from them. I just would like to know how much of it is a
safety issue when talking about getting gasoline tanks on the
property.
Wayne: Well, as I mentioned before, the gas use is a permitted use in the
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PUD today, so we’re not asking for any deviation to allow a gas
station. We’re allowing – we’re asking for remediation to allow us
to change the buffering standard between us and our internal
residential tract. That’s what we’re asking for, not the use itself.
Ruth: But, what I’m asking is are those statutes there for safety reasons
to begin with?
[00:23:02]
Wayne: The statutes were there largely for aesthetics. The question was –
in case you didn’t hear her – uh, is there a safety issue with
changing the – the code related to the deviation for the gas station,
and I’d say no. It’s a buffering standard that was meant to protect –
an external buffer to a community, and –
Ruth: So, it had nothing to do with any possible explosions or fire safety?
Wayne: No, not at all. No, the county has, um, and the state have a lot of
regulations for what gas stations have to do for their tanks, et
cetera. They obviously have to be in full compliance with that. The
deviation has nothing to do with that. Yes, ma’am?
Angela: My name is Angela Vargas. I live right behind where the gas
station is going to be. On Woodhurst Drive. So, I’m just, um, very
concerned about the noise because we have enough with the one
across the street already, so we can hear everything.
[00:24:05] Those are places where people go to make business, to get
together, and music at night, cars, so, a lot of noise. What do you
think about us?
Wayne: Did you – just so I’m clear, did you say you live off of Woodcrest?
Angela: Yeah – no, Woodhurst.
Wayne: Okay, all right, I’m sorry. Um, I don’t think it’s gonna have any
impact to anybody external to this project. This is clearly – it’s
simply a landscape buffer standard deviation to allow us not to put
in a very wide buffer and a really tall wall on our main entrance
road between us and the apartment complex that’s gonna be built
on the – just on the south of the frontage road.
Angela: I do not agree with that.
Speaker 2: Ma’am, can you just point to where you’re talking about?
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Wayne: I – I wish I had a pointer that – but on the screen, it doesn’t work
on the screen, unfortunately, but if I had a longer pointer, I would
point out that where you see the yellow box on this aerial
photograph –
Angela: Mm-hmm.
[00:25:02]
Wayne: – and just immediately south of there, there’s a label that says
MU/R. There’s going to be an apartment building on that tract of
land, and that’s within 250 feet of the gas station tract, so it
invokes – under the code – a bunch of different buffering standards
which we don’t think make sense given having the access road
and, um, working together with that developer. We have a letter of
no objection from them. They’re supporting this project.
Angela: Can that be – can that be moved more toward, um, 951? So, not as
close to us.
Wayne: The project could be built closer to 951, but the entire tract that’s
on the corner that says MU is under construction right now, and
part of the other review tract is going to be part of the first phase of
this project. I think there’s – there’s a point at Founders Square,
I’m not sure exactly what they’re marketing that as, but it’s going
to be a separate, uh, I guess, specialty shopping center area, so
there’s – those tracks are not really going to be available for a gas
station.
[00:26:02]
Angela: And so, [inaudible] up there –
Wayne: Ma’am, if you don’t mind, you need to come back to the
microphone so we can pick this up. We’re trying to record the
meeting.
Speaker 2: Pull your mask down. [Inaudible]
Angela: So, when we are going – when they present us that, um, shopping
mall, they said that there was gonna be something that we have
access to go to the bars and the stores, but now, if you’re putting
that, um, gas station, that is not something that you can go enjoy
with your –
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Wayne: Well, I think what I’m trying to say is the shopping center area is
going to be on the hard corner of Collier Boulevard and
Immokalee Road. The tract right at the corner and one of the other
mixed-use tracks will be that special sort of shopping and dining
area. That’s what’s planned and under construction today.
[00:27:00]
Angela: I don’t think that would make it nice – a gas station.
Wayne: Okay. Well, thank you. Anybody else have any other comments?
Angela: You don’t need my name?
Brian: I’d like to [inaudible].
Wayne: Okay, Mr. Gorla.
Brian: So, can you answer whether there is going to be an interconnect
built between Tuscany Cove and this project?
Wayne: Yes, there will be an interconnection built between the two.
Brian: Okay. So, I also attended the meeting where you were approved,
and was told by Commissioner Strain that the – about the transfer
that whatever’s being built for Tuscany Cove will be built for Bent
Creek. Um, that’s not happening. We’re getting stonewalled. Um, I
– I’ve talked to, um, the county. They said, “Well, you have to get
a change from your builder and people from” – I think it’s called
the Haldeman Luxury.
[00:28:04] Um, originally, it was the original developer. Now, I’ve been told
that’s been sold, so you’ve gotta deal with some family that’s a
multiple-party group. Um, I’m just…I’m flummoxed as to how we
move this along, and we’re trying to be nice neighbors for people.
Um, we see this as an opportunity when the retail is in there that
it’s a place that our community would – would benefit from
attending, but it – I don’t know if you remember the movie The
Wizard of Oz, but when the scarecrow’s there and they go, “Which
way to go?”, he kind of does this, and that’s what we’re getting
with regard to getting an approval. Um, and, we – we just wanna
be nice neighbors. We want an opportunity to come in, um, but we
– we’re… You know, and it was promised at the meeting. I mean,
that was one of the things at the meeting.
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[00:29:03]
Wayne: Well, you need to look at the approved PUD document –
Brian: I’ve looked at it.
Wayne: – it has the interconnection showing.
Brian: Yup.
Wayne: It does require both your developer and this developer to mutually
agree to the terms so that you would be responsible for a certain
part on yours. It requires some construction plan changes to your
documents. It’s not as simple as just going out and building it. The
county requires a whole process. So, that’s something that takes
more than one party to be a part of to construct that, and I don’t
know – I don’t know the residential developer, but I think the other
gentleman –
Brian: It’s Lennar, and I talked to the president of Lennar last week, and
his comment is that the Haldeman people, um, they’ve stopped
being cooperative. I don’t know who these people are.
Wayne: Do you wanna say anything?
David: Yeah. For the record, David Genson with Barron Collier
Companies. Um, I can tell you right now the plans for Haldeman
that have been approved by the county provide for an interconnect
with Bent Creek, and it’s not Haldeman that is doing anything to
stonewall this.
[00:30:06] They have agreed – just like they agreed to have Bent Creek come
through their community – to allow – or, I’m sorry, for Tuscany
Cove to come through – to allow for Bent Creek. What it comes
down to is at the time of development, Lennar did not want to
proceed with any sort of interconnect, and we said, “That’s fine,
but the county is still requiring us to provide one if you chose to, in
the future, provide an interconnect.” Um, I think there’s a question
about, you know, there was things on the, uh, Bent Creek side,
like, uh, a gate, you know, but we’re not gonna be responsible for
putting a gate in. We’ll – we’ll gladly put a road right up to your –
Brian: [Inaudible – crosstalk] asked for a gate to be built by any
developer.
David: Well, I – I’m just saying, if – if you wanted those kind of things,
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those things can be worked out, but if – there’s no reason that we
can’t have an interconnect. Haldeman will not be standing in the
way. I can tell you that for – for certain.
[00:31:08]
Brian: Okay, well, Bent Creek said it’s the Haldeman. I got a letter to
David and Marge from, um, the builder, Lennar, that said that –
that they’re gonna build it. Um, we’ve got the transcripts from the
meeting last May – I think it was April, and then we had to – had
to extend it out to May, if I recall the date – and at the May
meeting, uh, Sharon Shrey says we’ll build it. Some guy – he goes,
“Isn’t that right, Larry?” I think there’s some guy named Ray
Bellows, and Ray Bellows, and Ray Bellows says, “Yeah, that’s
right, we’ll build it.” You know, and – and those aren’t quotes, but
it’s – I mean, I’ve got the – I can share that stuff with you.
Wayne: I think as David said, the plans for Haldeman have been approved
with an interconnection shown that requires your developer to
modify your plans to actually build the interconnection that’s a
stub out to it.
David: Right.
[00:31:59]
Wayne: It’s not something that David and his group or the Haldeman
builders can amend for you. It’s your developer who’s responsible
for that.
Brian: Yeah…and they said that they would – that they would build it.
They told us they would build it. They said they won’t build it if
Haldeman isn’t, and Haldeman is not saying they’re gonna build it.
Wayne: When – if you pull the plans from the county that have been
submitted for the apartment complex, it will show that there’s a
driveway –
Brian: I have – I’ve got all of that. I go to the website, I go to that, I see it.
I know it’s there. My question is is – our builder is saying that
they’ll build it. Haldeman seems like, you know, another Wizard of
Oz reference, the guy behind the curtain that we can’t get to, um,
and – so, I – I’m just not following how to move this along in this
situation. I mean, you’re – I understand what you’re saying, but
nobody’s coming forward –
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[00:32:55]
David: Sure. Let me just – I had a conversation with Lennar about this,
and if you look at the plans right now for Haldeman, that
connection stopped at the [inaudible] buffering because at the
time, Bent Creek was not going to interconnect, so we had to keep
the buffer there. So –
Brian: Let me stop you.
David: Just let me – let me speak. So, the other part of this is then, I got a
call from Lennar saying, “Hey, would you be willing to go ahead
and connect it up to your property line if I connect it on the other
side?” I said, “Sure, I – I will do that on our side.” So, that was the
last conversation I personally had with Lennar.
Brian: And, about how long ago was that?
David: Boy, this was probably three or four months ago.
Brian: Yeah, which is when we got the letter from them saying that they
would build it, but…
Wayne: I – I think it’s clearly in Lennar’s court, then.
David: Yeah.
Wayne: I’m sorry, I don’t know what to tell you. We’ve made provisions
for it, and…
Brian: Well, could you get anything in writing from Haldeman, then, that
says that they’ll build it –
Wayne: Sure.
Brian: – on their side? I mean, that would be helpful because somebody’s
not – look, I’m not making claims here, but somebody is not
answering our questions.
[00:34:04] And, look, we’re going about this very neighborly-like, and
everybody kinda keeps going, “Well, it’s that guy.” And so, I – if
you could give me something in writing that says yeah, they’re
gonna build the interconnect, not the gate or anything like that, just
get it up to the –
David: Not a problem.
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Brian: Okay.
David: We – we have it – we have it in our purchase agreement with
Haldeman that that was a condition of the purchase, is that if they –
if that was required, they would have to build that.
Brian: Beautiful, thank you.
David: All right? So, I can get you that.
Wayne: Hopefully, that cleared up the interconnect issue. Yes, sir?
Greg: I’m Greg Scirrotto from Bent Creek. My question, Dave, is on the
same topic. Does Hal – would Haldeman have to file an ICP to –
with the county to build that – to build that interconnect?
David: Yes.
Greg: Well, it would be helpful, then, if they just went ahead and did it.
That would give us leverage with Lennar to get them to do it
because they have to do it too. That would be a big, big step in the
right direction.
[00:35:03]
David: I – I cannot submit an S – an ICP on your property without your
consent or the developer’s consent, so I can’t – like, for Tuscany,
they gave me the consent to do improvements on their land as part
of my permitting process, and that’s how we were able to do that. I
don’t have that consent from Lennar for Bent Creek.
Greg: Well, maybe I don’t understand, but do you have to file an ICP to
get to the edge of your property?
David: Yes, yes, and I’m happy to do that.
Greg: Well, that – that, I think, would be helpful because I think that
would give us leverage. Lennar – not to speak out of school, but
Lennar’s running out the clock on us, and they agree to stuff, and
then they step back, so we need all the leverage we can possibly
get.
David: Sure, and I see what you’re saying, and as long as the county
doesn’t have any issue that – in that location where that road is
stubbed to, there’s no buffer, so that’s the only other thing that we
would have to confirm, but –
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Wayne: I don’t think it would be an issue.
David: I’m happy to make that change.
Greg: That would be great, thank you.
David: Sure, thank you.
[00:36:01]
Wayne: Thank you. Yes, sir?
Ron: We’re gonna beat this interconnect to death. Um, four or five
months ago, Lennar told everybody – myself and the board – that
they’re in the process of doing the engineering to put the road
through. I think I said to myself, “It takes an awful long time, I
guess, to do this engineering.” As Brian said, they’re trying to
slow-walk this until they’re out of it.
On August 31st, there’s gonna be a transition meeting – meeting.
Lennar’s leaving because they’ve been built out. So, as Greg
pointed out and this gentleman could follow through, uh, to get
something to – to us saying that Haldeman’s willing to build – is
going to build to the property line that’s gonna help us get, as he
said, get some – because what we’re trying to do is keep people in
our community safe.
[00:37:01] They don’t have to go out on Immokalee to get – to get to the
development to do some shopping, restaurants, and things like that.
It’s gonna help the business, it’s gonna help our community, and
it’s gonna help everybody in general. That’s basically where we’re
at because it doesn’t make any sense for us to leave – to go up the
street, have to make the turnaround, come all the way back down,
and go back in when we can go right across.
Wayne: Yeah, and I think you’ve got no objections from us. It’s clearly in
our plan to do that, and the ball, unfortunately, is in your
developer’s court, and I think David is committed. They’ve done
and they’re doing all they can do. It’s – it’s really not for him to
make Lennar do this.
Ron: But, Dave, it is for you to say – you can say to the homeowners’
association on Bent Creek that we’re going to do this on our part.
David: Yes, and I’m also happy to have a conversation with Lennar
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directly, so…
Ron: That’d be very helpful, thank you.
Wayne: Thank you. Any other non-interconnect questions? [Laughter]
Yes, ma’am. You have to come up to the microphone, please, so
we can try to get this on tape.
[00:38:01]
Speaker 3: It’s a non-interconnect question. Any possibility of you guys
getting in touch with, uh, Collier County traffic? And, just while
you’re finishing, you know, while you’re working – you started
working, and you’re working for the bridge, and the traffic light,
and all of that on Collier Boulevard.
In the meantime, if Collier County could shut down that U-turn in
front of us and force people to go down to the light – because when
you guys are out there working, and they have the cones out and
trucks, and we understand it’s all gonna be beautiful when it’s
finished, but we’ve gotta live through it, and it’s causing that right
lane on Collier Boulevard to not be used. It’s making it even more
tricky for the people that are trying to make the U-turn there, plus
the residents of Tuscany Cove exiting the development. So, if you
guys have any pull to talk to traffic, even for just a short time, it’d
be so helpful.
[00:38:56]
Wayne: I don’t know the details of that. If – just to make sure everybody
heard, it was a question about the U-turn movement on Collier
Boulevard, and David, I don’t know if you can shed any light on
that.
David: Well, that was actually a big part of – of the county approving the
signal, uh, there, was because they were doing those U-turn
movements at Tuscany Cove. Now, when you come out of
Pebblebrooke, there’ll be dual left-turn lanes, so you can just go
that way versus having to go down Tuscany and come around.
Speaker 3: I understand that. It used to be coming out of Pebblebrooke, you
could come out of the Pebblebrooke side and you could go left to
[inaudible] as well.
David: Right, right, and they –
Speaker 3: That’s where there were several serious car accidents.
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David: Right, and that’s why they shut that down. So, to – to fix that,
that’s why we’re putting the signal in there, so –
Speaker 3: I know, but I’m talking about between now and the signal. If
Collier County could just put up a little sign saying that they don’t
allow the U-turn there, it would just make it so much safer for
everybody in the short term, and then, when we have the traffic
light, it wouldn’t be needed anymore anyway. So, it would just be
a great thing.
[00:39:59]
Louis: Hi. Louis DiFusco for Tuscany Cove. Uh, I believe –
conversations I’ve had with the DOT – that that is coming out
altogether.
Wayne: It is coming out; I think the question is is there something between
the installation of the traffic signal and today that could be done,
and I don’t know that we can control what the county’s doing.
David: The fact of the matter is we’re gonna be in the middle of that
intersection for a few months – for quite a few months – doing the
work, so there’s not an interim thing, really, because it’s all gonna
be tore up.
Louis: I put it nine months down the road. I just know it’s gonna become
[inaudible].
Wayne: Right. Yes, sir?
Ignacio: You know, that’s not being explained right. At 5:00, you cannot
get out of Tuscany Cove. They close the left lane where they’re
putting the bridge in, and I’m gonna report it as a danger to the
Sherriff’s Department. It took me a half hour to get out of Tuscany
Cove because when you guys close that lane to work on the bridge,
they’re not closing up in time. They’re supposed to close – open
that, uh, lane for commuters at night, but they’re not doing it. It
took me a half hour to get out of Tuscany, and I almost got in three
accidents trying to cut across. So, something’s gotta be done about
that. It’s not that we’re not patient, it’s a safety concern.
[00:41:11]
David: Okay, thank you. I’ll make sure that the contractor is complying
with the right-of-way permit that’s been issued by the county.
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Ignacio: Thank you.
David: Mm-hmm.
Wayne: Anything else, anybody? Otherwise, we’ll wrap up the meeting
and adjourn. I appreciate this many people being interested. Well, I
guess we’re adjourned. Thank you all.
[End of Audio]
Duration: 42 minutes
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Packet Pg. 340 Attachment: Attachment E-NIM Transcript July 30 2020 (13379 : PL20200000048 Baumgarten MPUD)
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey, Bonita Springs, FL 34134 239-947-1144 engineering@gradyminor.com www.gradyminor.com
Baumgarten MPUD
(PL20200000048)
Application and Supporting
Documents
September 24, 2020 HEX Hearing
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Packet Pg. 341 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375
3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266
Bonita Springs, FL 34134 www.gradyminor.com
February 7, 2020
Nancy Gundlach, AICP
Collier County Growth Management Division/ Planning and Regulation
Land Development Services Department
Comprehensive Planning Section
2800 North Horseshoe Drive
Naples, FL 34104
RE: Baumgarten MPUD Insubstantial Change– PL20200000048, Submittal 1
Dear Ms. Gundlach:
On behalf of our client, BCHD Partners II, LLC, we are submitting an application for an
Insubstantial Change to a PUD (PDI) for the above referenced project.
The applicant is proposing deviations from LDC Sections 5.05.05.B.1 & 5.05.05.D.2.a, Facilities
with Fuel Pumps and 5.06.04.F.3, Directory Signs. Exhibit E has been revised to include the
proposed deviations and Exhibit C has been revised to note the deviations on the plan.
Documents filed with submittal 1 include the following:
1. Cover Letter
2. Application
3. Pre-Application Meeting notes
4. Project Narrative and Detail of Request
5. Ordinance 2019-11
6. Current Exhibit C Master Plan (Ord 19-11)
7. Revised Exhibit C Master Plan 2020
8. Revised Exhibit E Deviations
9. Warranty Deed
10. Legal Description
11. Affidavit of Authorization
12. Addressing Checklist
13. Property Ownership Disclosure Form
14. Location Map
15. Plat Book 67 Page 9-12
16. Deviation Justification
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Packet Pg. 342 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
Ms. Nancy Gundlach, AICP
RE: Baumgarten MPUD Insubstantial Change– PL20200000048, Submittal 1
February 7, 2020
Page 2 of 2
Please contact me if you have any questions.
Sincerely,
D. Wayne Arnold, AICP
Enclosures
Cc: BCHD Partners II, LLC
Richard D. Yovanovich, Esq.
GradyMinor File
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Packet Pg. 343 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Revised 3/27/2018 Page 1 of 4
INSUBSTANTIAL CHANGE TO A PUD (PDI)
LDC subsection 10.02.13 E & Code of Laws section 2-83 – 2-90
Ch. 3 G.3 of the Administrative Code
Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is
not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD
ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the
review and approval of the Hearing Examiner. The Hearing Examiner’s approval shall be based
on the findings and criteria used for the original application .
PETITION NO
PROJECT NAME
DATE PROCESSED
APPLICANT CONTACT INFORMATION
Name of Property Owner(s): ______________________________________________________
Name of Applicant if different than owner: __________________________________________
Address: __________________________City: _____________ State: _______ ZIP: __________
Telephone: ____________________ Cell: ____________________ Fax: ___________________
E-Mail Address: ________________________________________________________________
Name of Agent: ________________________________________________________________
Firm: _________________________________________________________________________
Address: ______________________City: _______________ State: _________ ZIP: __________
Telephone: _____________________ Cell: _____________________ Fax: _________________
E-Mail Address: ________________________________________________________________
DETAIL OF REQUEST
On a separate sheet, attached to the application, describe the insubstantial change request.
Identify how the request does not meet the PUD substantial change criteria established in LDC
subsection 10.02.13 E.1.
To be completed by staff
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Packet Pg. 344 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Revised 3/27/2018 Page 2 of 4
PROPERTY INFORMATION
PUD NAME: _______________________ ORDINANCE NUMBER: ________________________
FOLIO NUMBER(S): _____________________________________________________________
Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be
graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a
legal description for subject portion.
Attach on a separate sheet, a written description of the map or text change.
Does amendment comply with the Growth Management Plan? Yes No
If no, please explain: _______________________________________________________
Has a public hearing been held on this property within the last year? Yes No
If yes, in whose name? _____________________________________________________
Has any portion of the PUD been SOLD and/or DEVELOPED?
Are any changes proposed for the area sold and/or developed? Yes No
If yes, please describe on an attached separate sheet.
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Packet Pg. 345 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Revised 3/27/2018 Page 3 of 4
Pre-Application Meeting and Final Submittal Requirement Checklist for:
PUD Insubstantial Change
Chapter 3 G.3 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 final submittal, the checklist is to be completed and submitted with the
application packet. Please provide the submittal items in the exact order listed below, with cover sheets
attached to each section. Incomplete submittals will not be accepted.
REQUIREMENTS FOR REVIEW # OF
COPIES REQUIRED NOT
REQUIRED
Completed Application (download current form from County website) 1
Pre-Application Meeting notes 1
Project Narrative, including a detailed description of proposed changes
and why amendment is necessary 1
Detail of request 1
Current Master Plan & 1 Reduced Copy 1
Revised Master Plan & 1 Reduced Copy 1
Revised Text and any exhibits
PUD document with changes crossed through & underlined
PUD document as revised with amended Title Page with Ordinance #
Warranty Deed
Legal Description 1
Boundary survey, if boundary of original PUD is amended
If PUD is platted, include plat book pages
List identifying Owner & all parties of corporation 1
Affidavit of Authorization, signed & notarized 1
Completed Addressing Checklist 1
Property Ownership Disclosure Form 1
Copy of 8 ½ in. x 11 in. graphic location map of site 1
Electronic copy of all documents and plans
*Please advise: The Office of the Hearing Examiner requires all materials
to be submitted electronically in PDF format.
*If located in Immokalee or seeking affordable housing, include an additional set of each submittal
requirement.
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.
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Packet Pg. 346 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Revised 3/27/2018 Page 4 of 4
PLANNERS – INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS:
School District (Residential Components): Amy
Lockheart
Bayshore/Gateway Triangle Redevelopment:
Executive Director
Utilities Engineering: Eric Fey Parks and Recreation: Barry Williams and David
Berra
Emergency Management: Dan Summers Naples Airport Authority:
Conservancy of SWFL: Nichole Johnson Other:
City of Naples: Robin Singer, Planning Director Other:
FEE REQUIREMENTS
PUD Amendment Insubstantial (PDI): $1,500.00
Pre-Application Meeting: $500.00
Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00
Same fee applies if the petition is referred to the Collier County Planning Commission, where the
CCPC serves as the deciding authority instead of the HEX.
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
____________________________________________ ____________
Agent/Owner Signature Date
____________________________________________
Applicant/Owner Name (please print)
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Baumgarten MPUD (PL20200000048)
Property Owner List
May 19, 2020 Page 1 of 1
BCBPDI-20 Property Owner List.docx
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey, Bonita Springs, FL 34134 239-947-1144 engineering@gradyminor.com www.gradyminor.com
ParcelID Name Address Tract
33155000029 BCHD PARTNERS II LLC C/O Halstatt Fund, 2600 Golden Gate
Parkway, Naples, FL 34105
A
33155000045 BCHD PARTNERS II LLC B
33155000061 BCHD PARTNERS II LLC C
33155000087 BCHD PARTNERS II LLC D
33155000100 BCHD PARTNERS II LLC E
33155000126 BCHD PARTNERS II LLC F
33155000142 BCHD PARTNERS II LLC G
33155000168 BCHD PARTNERS II LLC H-1
33155000184 BCHD PARTNERS II LLC H-2
33155000207 BCHD PARTNERS II LLC I
33155000223 BCHD PARTNERS II LLC J
33155000249 BCHD PARTNERS II LLC K
33155000809 BCHD PARTNERS II LLC R1
33155000825 BCHD PARTNERS II LLC R2
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Baumgarten MPUD (PL20200000048)
Project Narrative and Detail of Request
January 16, 2020 Page 1 of 3
BCBPDI‐20 Project Narrative.docx
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey, Bonita Springs, FL 34134 239-947-1144 engineering@gradyminor.com www.gradyminor.com
PROJECT NARRATIVE
The Baumgarten MPUD was approved in 2019 as Ordinance 2019‐11. The PUD is approved for 400
multi‐family/townhouse dwelling units and up to 270,000 square feet of commercial use.
The applicant is proposing deviations from LDC Sections 5.05.05.B.1 & 5.05.05.D.2.a, Facilities with
Fuel Pumps and 5.06.04.F.3, Directory Signs. Exhibit E has been revised to include the proposed
deviations and Exhibit C has been revised to note the deviations on the plan.
DETAIL OF REQUEST
On a separate sheet, attached to the application, describe the insubstantial change request.
Identify how the request does not meet the PUD substantial change criteria established in LDC
subsection 10.02.13 E.1.
Insubstantial Change Criteria LDC Subsection 10.02.13 E.1
E. Changes and amendments. There are three types of changes to a PUD Ordinance: Substantial,
Insubstantial, and Minor. Language changes to a previously approved PUD document shall require
the same procedure as for amending the official zoning atlas, except for the removal of a
commitment for payment towards affordable housing which is considered to be a minor change
as described in Section 10.02.13 E.3.c.
1. Substantial changes. Any substantial change(s) to an approved PUD Ordinance shall require the
review and recommendation of the Planning Commission and approval by the Board of County
Commissioners as a PUD amendment prior to implementation. Applicants shall be required to
submit and process a new application complete with pertinent supporting data, as set forth in
sections 10.02.13 A and B. For the purpose of this section, a substantial change shall be deemed to
exist where:
a. There is a proposed change in the boundary of the PUD; or
No
b. There is a proposed increase in the total number of dwelling units or intensity of land use or
height of buildings within the development;
No
3.E.g
Packet Pg. 363 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
Baumgarten MPUD (PL20200000048)
Project Narrative and Detail of Request
January 16, 2020 Page 2 of 3
BCBPDI‐20 Project Narrative.docx
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey, Bonita Springs, FL 34134 239-947-1144 engineering@gradyminor.com www.gradyminor.com
c. There is a proposed decrease in preservation, conservation, recreation or open space areas
within the development not to exceed 5 percent of the total acreage previously designated as such,
or 5 acres in area;
No net change in preserve, recreation or open space results from this amendment.
d. There is a proposed increase in the size of areas used for nonresidential uses, to include
institutional, commercial and industrial land uses (excluding preservation, conservation or open
spaces), or a proposed relocation of nonresidential land uses;
No increase in non‐residential uses or areas for non‐residential uses are proposed.
e. There is a substantial increase in the impacts of the development which may include, but are
not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other
public facilities;
No additional traffic or public facility impacts will result from the request regarding the proposed
revisions. The PUD currently contains a vehicular trip cap, which is not proposed to be changed.
f. The change will result in land use activities that generate a higher level of vehicular traffic based
upon the Trip Generation Manual published by the Institute of Transportation Engineers;
No additional dwelling units are proposed; therefore, there are no additional traffic impacts.
g. The change will result in a requirement for increased stormwater retention, or will otherwise
increase stormwater discharges;
Adequate area exists on‐site for stormwater retention, and no change to the approved discharge
rate is proposed. No additional stormwater retention areas will be required.
h. The change will bring about a relationship to an abutting land use that would be incompatible
with an adjacent land use;
The change will not be incompatible. Uses within each PUD are comparable.
i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance
which is inconsistent with the future land use element or other element of the growth
management plan or which modification would increase the density or intensity of the permitted
land uses;
The PUD and proposed changes are consistent with the Collier County Growth Management Plan.
3.E.g
Packet Pg. 364 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
Baumgarten MPUD (PL20200000048)
Project Narrative and Detail of Request
January 16, 2020 Page 3 of 3
BCBPDI‐20 Project Narrative.docx
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey, Bonita Springs, FL 34134 239-947-1144 engineering@gradyminor.com www.gradyminor.com
j. The proposed change is to a PUD district designated as a development of regional impact (DRI)
and approved pursuant to F.S. § 380.06, where such change requires a determination and public
hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S.
§ 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial
deviation shall be reviewed and approved by Collier County under this section 10.02.13 of this
Code; or
This project is not a DRI.
k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance
which impact(s) any consideration deemed to be a substantial modification as described under this
section 10.02.13
The proposed changes do not meet the standards for a substantial modification and creates no
external impacts.
3.E.g
Packet Pg. 365 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
ORDINANCE NO. 19- 11
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM A RURAL AGRICULTURAL (A)
ZONING DISTRICT TO A MIXED USE PLANNED UNIT
DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE
PROJECT TO BE KNOWN AS THE BAUMGARTEN
MPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM
OF 400 MULTIFAMILY AND/OR TOWNHOUSE
RESIDENTIAL DWELLING UNITS AND UP TO 270,000
SQUARE FEET OF COMMERCIAL LAND USES AT THE
SOUTHEAST QUADRANT OF IMMOKALEE ROAD AND
COLLIER BOULEVARD, IN SECTION 26, TOWNSHIP 48,
RANGE 26, COLLIER COUNTY, FLORIDA, CONSISTING
OF 55.66 +/- ACRES; AND BY PROVIDING AN
EFFECTIVE DATE. [PL20170000768]
WHEREAS, Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A. and Richard
D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., representing BCHD Partners II,
LLC, petitioned the Board of County Commissioners to change the zoning classification of the
herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 26,
Township 48, Range 26, Collier County, Florida, is changed from a Rural Agricultural (A)
Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the
55.66+/- acre project to be known as the Baumgarten MPUD, to allow construction of a
maximum of 400 residential dwelling units and up to 270,00 square feet of commercial land uses
17-CPS-01708/1481218/1]212
Pelican Nursery/PL20170000768 Page 1 of 2
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Packet Pg. 366 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
in accordance with the Baumgarten MPUD Document, in accordance with Exhibits A through F
attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps,
as described in Ordinance Number 2004-41, as amended, the Collier County Land Development
Code, is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this I k
day of __I 2019.
ATTEST:BOARD OF C• TY COMMISSIONERS
CRYSTAL K.KINZEL, CLERK COLLIER C.4 RIDA
011114410
By: . Lao_e, . By:
ii Duty Clerk illiam L. McDaniel, Jr., ChairmanAttestastoLha] 1
signature only.
Approved as tb form and legality:
H _
tdi
eidi Ashton-Cicko u
Managing Assistant County Attorney
Exhibit A: Permitted Uses
Exhibit B: Development Standards
Exhibit C: Master Plan
Exhibit D: Legal Description
Exhibit E: Requested Deviations from LDC
Exhibit El: Deviation#1 Cross Section This ordinance iiia ttith th=-
Exhibit F: Developer Commitments C
day
ory ofof
r,`
and acknowledgement that
filing received this t__. day
By
Deo CVer
17-CPS-01708/1481218/1]212
Pelican Nursery/PL20170000768 Page 2 of 2
6/12/19
C
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Packet Pg. 367 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
EXHIBIT A
BAUMGARTEN MPUD
PERMITTED USES
A maximum of 400 residential dwelling units and 270,000 square feet of gross commercial floor
area shall be permitted within the MPUD. Any commercial square footage above 250,000 square
feet must include indoor self-storage. The uses are subject to the trip cap identified in Exhibit F,
Section 4.a of this PUD. No building or structure, or part thereof, shall be erected, altered or
used, or land used, in whole or in part, for other than the following:
MIXED-USE:
A. Principal Uses (SIC In Parenthesis):
1.Accident and Health Insurance Services 6321)
2.Accounting, Auditing and Bookkeeping Services 8721)
3.Adjustment services 7322)
4.Advertising (consultants) agencies 7311)
5. Advertising, not elsewhere classified 7319)
6.Agricultural uses (interim until first certificate of occupancy for N/A)
any permitted use)
7.Architectural services 8712)
8.Animal Hospitals 0742)
9.Auto and Home Supply Stores 5531)
10. Automotive Washing and Polishing 7542)
11. Bakeries, Retail 5461)
12. Banks, commercial: national 6021)
13. Banks, commercial: not chartered 6029)
14. Banks, commercial: state 6022)
15. Banks, savings: Federal 6035)
16. Banks, savings: not federally chartered 6036)
17. Barber Shops 7241)
18. Beauty Shops 7231)
19. Book Stores 5942)
20. Breweries (limited to a maximum of 5,000 sq. ft.) 2082)
21. Business Associations 8611)
22. Business Consulting Services, not elsewhere classified 8748)
23. Camera and Photographic Supply Stores 5946)
24. Candy, Nut and Confectionery Stores 5441)
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Packet Pg. 368 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
25. Carpet and Upholstery Cleaning 7217)
26. Civic, Social and Fraternal Associations 8641)
27. Clothing and Accessory Stores, Men's and Boy's 5611)
28. Clothing Stores, Women's 5621)
29. Collection Services 7322)
30. Commodity Contracts Brokers and Dealers 6221)
31. Commercial Art and Graphic Design 7336)
32. Commercial Photography 7335)
33. Commercial Economic, Sociological and Educational Research 8732)
34. Computer and Computer Software Stores 5734)
35. Computer Facilities Management Services 7376)
36. Computer Maintenance and Repair 7378)
37. Computer Processing and Data Preparation Services 7374)
38. Computer Programming services 7371)
39. Computer Rental and Leasing 7377)
40. Credit Reporting Services 7323)
41. Credit Unions, Federal 6061)
42. Credit Unions, State: not federally chartered 6062)
43. Dairy Products Stores 5451)
44. Data Processing Consultants 7379)
45. Dance Studios, Schools and Halls 7911)
46. Data Processing Services 7374)
47. Dental Laboratories 8072)
48. Dentist Office/Clinic 8021)
49. Department Stores 5311)
50. Direct mail advertising service 7331)
51. Direct Selling Establishments 5963)
52. Doctors - Medicine Offices and Clinics 8011)
53. Doctors - Osteopathy Offices and Clinics 8031)
54. Doctors - Chiropractors Offices and Clinics 8041)
55. Dog Grooming 0752)
56. Drapery, Curtain and Upholstery Stores 5714)
57. Drinking Places (Alcoholic Beverages); Bottle Clubs and 5813)
Cabarets are not permitted
58. Drug Stores 5912)
59. Dwelling Units - Multi-family and Townhouse, above retail or
office uses
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Packet Pg. 369 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
60. Eating Places, no outdoor dining may be located on the 5812)
easternmost MU tract adjacent to Bent Creek Preserve PUD.
61. Engineering services: industrial, civil, electrical, mechanical, 8711)
marine and design
62. Executive Offices 9111)
63. Executive and Legislative Offices Combined 9131)
64. Fire, Marine and Casualty Insurance Services 6331)
65. Florists 5992)
66. Food Stores, Miscellaneous 5411, 5499)
67. Foreign Branches and Agencies of Banks 6081)
68. Foreign Trade and International Banking Institutions 6082)
69. Funeral home or parlor 7261)
70. Garment Pressing, and Agents for Dry Cleaners 7212)
71. Gasoline Service Stations 5541)
72. General Automotive Repair Shops 7538)
73. General Government, not elsewhere classified 9199)
74. General Merchandise Stores (including warehouse clubs and 5311-5399)
discount retail superstores)
75. Gift, Novelty and Souvenir Shops 5947)
76. Hair weaving or Replacement Services 7299)
77. Hardware Store 5251)
78. Health practitioners - not elsewhere classified 8049)
79. Hobby,Toy and Games Shops 5945)
80. Home health care services 8082)
81. Home Furniture and Furnishings Stores 5712-5719)
82. Household Appliance Stores 5722)
83. Hospital and Medical Service Plans 6324)
84. Information Retrieval Services 7375)
85. Insurance Carriers, not elsewhere classified 6399)
86. Investment Advice 6282)
87. Jewelry Stores 5944)
88. Land Subdividers and Developers 6552)
89. Landscape architects, consulting and planning 0781)
90. Laundries (Coin Operated) and Dry-cleaning 7215)
91. Legal services 8111)
92. Libraries (except regional libraries) 8231)
93. Life Insurance 6311)
94. Liquor Stores 5921)
95. Loan brokers 6163)
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Packet Pg. 370 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
96. Luggage and Leather Goods Stores 5948)
97. Lumber and Other Building Materials Dealers (including home 5211)
improvement superstores)
98. Management Services 8741)
99. Management Consulting Services 8742)
100. Markets, Meat and Fish (Seafood) Markets 5421)
101. Markets, Fruit and Vegetable Markets 5431)
102. Medical Equipment Rental and Leasing 7352)
103. Medical Laboratories 8071)
104. Membership Organizations, not elsewhere classified 8699)
105. Membership Warehouse Clubs with Gas and Liquor No SIC)
106. Miniwarehouse/self-storage (indoor air conditioned only) 4225)
107. Miscellaneous amusement and recreational services not 7999)
elsewhere classified. Only judo instruction, karate instruction,
moped rental, motorcycle rental, rental of bicycles, scuba and
skin diving instruction are permitted
108. Miscellaneous Business Credit Institutions 6159)
109. Miscellaneous Home Furnishings Stores 5719)
110. Miscellaneous personal services, not elsewhere classified 7299)
excluding massage parlors, steam baths, tattoo parlors and
Turkish baths. Day spas are permitted.
111. Miscellaneous Retail Stores, not elsewhere classified 5999)
112. Mortgage Bankers and Loan Correspondents 6162)
113. Motion Picture Theaters 7832)
114. Musical Instrument Stores 5736)
115. News Dealers and Newsstands 5994)
116. Nondeposit Trust Facilities 6091)
117. Optical Goods Stores 5995)
118. Optometrists - offices and clinics 8042)
119. Paint, Glass and Wallpaper Stores 5231)
120. Pension, Health and Welfare Funds 6371)
121. Personal Credit Institutions 6141)
122. Photocopying and Duplicating Services 7334)
123. Photographic Studios, Portrait 7221)
124. Photofinishing Laboratories 7384)
125. Physical Fitness Facilities 7991)
126. Podiatrists - offices and clinics 8043)
127. Political Organizations 8651)
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Packet Pg. 371 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
128. Professional Membership Organizations 8621)
129. Professional Sports Clubs and Promoters, indoor only 7941)
130. Public Relations Services 8743)
131. Radio, Television and Consumer Electronics Stores 5731)
132. Radio, Television and Publishers Advertising Representatives 7313)
133. Real Estate Agents and Managers 6531)
134. Record and Prerecorded Tape Stores; adult video rental or 5735)
sales prohibited
135. Religious Organizations 8661)
136. Repair Shops and Related Services, not elsewhere classified 7699)
137. Retail Nurseries, Lawn and Garden Supply Stores 5261)
138. Secretarial and Court Reporting Services 7338)
139. Security Brokers, Dealers and Flotation Companies 6211)
140. Security and Commodity Exchanges 6231)
141. Services Allied with the Exchange of Securities or Commodities, 6289)
not elsewhere classified
142. Sewing, Needlework and Piece Goods Stores 5949)
143. Shoe Repair Shops and Shoeshine Parlors 7251)
144. Short-Term Business Credit Institutions, except agricultural 6153)
145. Social Services, Individual and Family (activity centers, elderly 8322)
or handicapped only; day care centers for adult and
handicapped only)
146. Sporting Goods Stores and Bicycle Shops 5941)
147. Stationery Stores 5943)
148. Stores, Children's and Infants Wear 5641)
149. Stores, Family Clothing 5651)
150. Stores, Miscellaneous Apparel and Accessory 5699)
151. Stores, Shoes 5661)
152. Stores, Women's Accessory and Specialty 5632)
153. Surety Insurance 6351)
154. Surveying Services 8713)
155. Tanning Salons 7299)
156. Tax Return Preparation Services 7291)
157. Tire retreading and repair shops, tire repair only 7534)
158. Title Abstract Offices 6541)
159. Title Insurance 6361)
160. Tobacco Stores and Stands 5993)
161. Travel Agencies (no other transportation services) 4724)
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Packet Pg. 372 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
162. Tutoring 8299)
163. Used Merchandise Stores (excluding pawn shops) 5932)
164. Veterinary services for animal specialties 0742)
165. Video Tape Rental, adult video rental or sales prohibited 7841)
166. Watch, Clock and Jewelry Repair 7631)
167. Any other principal use, which is comparable in nature with the
foregoing list of permitted principal uses, as determined by the
Board of Zoning Appeals ("BZA") or the Hearing Examiner.
B. Accessory Uses:
1. Uses and structures that are accessory and incidental to the permitted uses within
this MPUD document.
2. Water management facilities to serve the project such as lakes.
3. Open space uses and structures such as, but not limited to, boardwalks, nature
trails, gazebos and picnic areas.
4. Any other accessory and related use that is determined to be comparable in
nature with the foregoing uses and consistent with the permitted accessory uses of
this MPUD as determined by the BZA or the Hearing Examiner.
RESIDENTIAL:
A. Principal Uses:
1. Dwelling Units - Multi-family and Townhouse
2. Model homes/ model sales or leasing offices
3. Any other principal use, which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals ("BZA")
or the Hearing Examiner.
B. Accessory Uses:
1. Accessory uses and structures customarily associated with the principal uses
permitted in this MPUD, including but not limited to garages, carports, swimming
pools, spas and screen enclosures.
2. Water management facilities to serve the project such as lakes.
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Packet Pg. 373 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
3. Any other accessory and related use that is determined to be comparable in
nature with the foregoing uses and consistent with the permitted accessory uses of
this MPUD as determined by the BZA or the Hearing Examiner.
C. Amenity Area:
1. Principal Uses:
a. Clubhouses, community administrative facilities and recreational facilities
intended to serve residents and guests, including leasing and construction
offices.
b. Any other principal use, which is comparable in nature with the foregoing
list of permitted principal uses, as determined by the Board of Zoning
Appeals ("BZA") or the Hearing Examiner.
2. Accessory Uses:
a. Accessory uses and structures customarily associated with the principal uses
permitted in this MPUD, including but not limited to swimming pools and spas.
b. Water management facilities to serve the project such as lakes.
c. Open space uses and structures such as, but not limited to, boardwalks,
nature trails, gazebos and picnic areas.
d. Any other accessory and related use that is determined to be comparable in
nature with the foregoing uses and consistent with the permitted accessory
uses of this MPUD as determined by the BZA or the Hearing Examiner.
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Packet Pg. 374 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
EXHIBIT B
BAUMGARTEN MPUD
DEVELOPMENT STANDARDS
The tables below set forth the development standards for land uses within the Baumgarten
MPUD. Standards not specifically set forth herein shall be those specified in applicable sections
of the LDC in effect as of the date of approval of the SDP or subdivision plat.
I.MIXED-USE:
PRINCIPAL USES ACCESSORY USES
MINIMUM LOT AREA 10,000 Sq. Ft. N/A
AVERAGE LOT WIDTH 100 ft. N/A
MINIMUM YARDS (External)
From Immokalee Road ROW 25 ft. SPS
From Collier Boulevard ROW 25 ft. SPS
From Eastern Project Boundary*** 50 ft.15 ft
From Southern Project Boundary 200 ft. Minimum 200 ft. Minimum
MINIMUM YARDS (Internal)
Internal Drives/ROW 10 ft.10 ft
Rear 10 ft.10 ft.
Side 10 ft.10 ft.
Lakes (measured from control
elevation) 25 ft.20 ft.*
Preserve 25 ft.10 ft.
MIN. DISTANCE BETWEEN STRUCTURES 1/2 the sum of building heights 10 Ft.
MAXIMUM HEIGHT*** ZONED ACTUAL ZONED ACTUAL
Retail Buildings 45 ft. 65 ft. 35 ft.45 ft.
Office Buildings and Hotel/Motel 55 ft. 65 ft. 35 ft.45 ft.
MINIMUM FLOOR AREA (ground floor) 1,000 sq. ft. ** N/A
MAXIMUM GROSS COMMERCIAL AREA 270,000 sq. ft. N/A
No structure may be located closer than 20 feet to the control elevation of a lake (allowing
for the required minimum 20-foot wide lake maintenance easement).
Per principal structure. Kiosk vendor, concessions, and temporary or mobile sales
structures shall be permitted to have a minimum floor area of twenty-five (25) square
feet and shall be subject to the accessory structure standards set forth in the LDC.
Any building exceeding 50 feet in height shall increase its setback by one foot for each
one feet exceeding 50 feet of zoned height from the eastern PUD boundary. No dumpster
enclosure permitted within 105 feet of the eastern PUD boundary.
Note: Residential dwellings may be constructed above retail or office use.
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Packet Pg. 375 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
II.RESIDENTIAL:
PRINCIPAL STRUCTURE *6 TOWNHOUSE MULTI-FAMILY AMENITY AREA *4
PER UNIT)
Minimum Lot Area 1,440 SF 43,560 SF N/A
Minimum Lot Width 18 feet N/A N/A
Minimum Lot Depth 80 feet N/A N/A
Minimum Front Yard Setback 20 feet *2 20 feet *2 15 feet
Minimum Side Yard Setback 0/10 feet *1 0/10 feet *1 15 feet
Minimum Rear Yard Setback 15 feet 15 feet 15 feet
Minimum Preserve Setback 25 feet 25 feet 25 feet
Minimum PUD Boundary Setback 105 feet 105 feet 105 feet *5
Maximum Building Height
Zoned 45 feet 55 feet 25 feet
Actual 50 feet 65 feet 35 feet
Minimum Distance Between Buildings 20 feet 20 feet N/A
Floor Area Minimum, per unit 750 SF 684 SF N/A
ACCESSORY STRUCTURES *6
Minimum Front Yard Setback *2 15 feet 15 feet 10 feet
Minimum Side Yard Setback 10 feet 10 feet 10 feet
Minimum Rear Yard Setback *3 10 feet 10 feet 10 feet
Minimum Preserve Setback 10 feet 10 feet 10 feet
Minimum PUD Boundary Setback 15 feet 15 feet 15 feet*7
Minimum Distance Between Buildings 0/10 feet 0/10 feet N/A
Maximum Height
Zoned 35 feet 35 feet 25 feet
Actual 40 feet 40 feet 30 feet
SPS—Same as Principal Structure
BH—Building Height(zoned height)
1—Minimum separation between adjacent dwelling units, if detached,shall be 10'.
2—Front yards shall be measured from back of curb (if curbed) or edge of pavement (if not curbed) for private streets
or drives, and from ROW line for any public roadway. Single-family front entry garages shall have a 23'setback from
back of sidewalk.
3—All landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or
lake tracts and not be within a residential lot. Where a home site abuts a Landscape Buffer Easement or Lake
Maintenance Easement within open space tracts or lake tracts,the accessory structure setback on the residential lot
may be reduced to zero (0)feet where it abuts the easement.
4—When not located in a residential building within the "R"tract.
5—Does not apply to passive recreational uses such as trails/pathways.
6 - Community structures such as guardhouses, gatehouses, fences, walls, columns, decorative architectural features,
streetscape, passive parks and access control structures shall have no required setback, except as listed below, and
are permitted throughout the "R" designated areas of the PUD; however such structures shall be located such that
they do not cause vehicular stacking into the road right-of-way or create site distance issues for motorists and
pedestrians.
7—No swimming pool or dumpster enclosure may be located within 105 feet of the southern or eastern PUD boundary.
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Packet Pg. 376 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
Maximum Height for Guardhouses/Gatehouses:
Zoned: 25'
Actual: 30'
Note: nothing in this MPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated
in a list of deviations.
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Packet Pg. 377 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
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EXHIBIT D
BAUMGARTEN MPUD
LEGAL DESCRIPTION
PARCEL 1 (PARCEL NO. 00192920001):
THE NW 1/4 OF THE NW 1/4, SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, LESS THE
NORTH 100 FEET PREVIOUSLY CONVEYED FOR ROAD RIGHT-OF-WAY AND LESS RIGHT OF WAY
DESCRIBED IN O.R. BOOK 2568, PAGE 1176 AND LESS RIGHT OF WAY DESCRIBED IN O.R. BOOK
3328, PAGE 1487, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
PARCEL 2 (PARCEL NO. 00192360001):
THE WEST 60% OF THE NE 1/4 OF THE NW 1/4, SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26
EAST, LESS THE NORTH 100 FEET PREVIOUSLY CONVEYED FOR ROAD RIGHT-OF-WAY AND LESS
ROAD RIGHT-OF-WAY DESCRIBED IN O.R. BOOK 3328, PAGE 1487, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
THE ABOVE DESCRIBED LANDS BEING SUBJECT TO THE TERMS OF THAT BOUNDARY LINE
AGREEMENT RECORDED IN OFFICIAL RECORD BOOK 2228, PAGE 1540, COLLIER COUNTY,
FLORIDA, AND SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A TRACT OR PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA,
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26,THENCE S.89°58'37"E.ALONG
THE NORTH LINE OF SAID SECTION 26, A DISTANCE OF 105.55 FEET; THENCE 5.00°01'23"W.
DEPARTING SAID NORTH LINE, A DISTANCE OF 136.96 FEET TO AN INTERSECTION WITH THE
SOUTH RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AND THE POINT OF BEGINNING.
FROM SAID POINT OF BEGINNING, THENCE RUN ALONG SAID SOUTH RIGHT-OF-WAY THE
FOLLOWING NINE (9) COURSES:
1.N.86°54'32"E., A DISTANCE OF 220.75 FEET,
2.5.89°58'57"E., A DISTANCE OF 585.17 FEET,
3.S.00°01'25"W., A DISTANCE OF 15.00 FEET,
4.S.89°58'25"E., A DISTANCE OF 301.91 FEET,
5.S.00°01'35"W., A DISTANCE OF 3.94 FEET,
6.S.89°58'25"E., A DISTANCE OF 89.97 FEET,
7.N.00°01'25"E., A DISTANCE OF 15.00 FEET,
8.S.88°54'04"E., A DISTANCE OF 22.92 FEET,
9.5.88°54'04"E., A DISTANCE OF 793.22 FEET;
Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019
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3.E.g
Packet Pg. 380 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
TO AN INTERSECTION WITH THE WEST BOUNDARY LINE OF THE PLAT OF BENT CREEK PRESERVE,
AS RECORDED IN PLAT BOOK 55, PAGE 61, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE 5.02°16'43"E. DEPARTING SAID SOUTH RIGHT-OF-WAY ALONG SAID WEST
BOUNDARY LINE, A DISTANCE OF 1,194.23 FEET TO AN INTERSECTION WITH THE NORTH
BOUNDARY LINE OF THE PLAT OF TUSCANY COVE, AS RECORDED IN PLAT BOOK 42, PAGE 15, OF
SAID PUBLIC RECORDS; THENCE N.89°59'25"W. ALONG SAID NORTH LINE, A DISTANCE OF
2,013.46 FEET TO AN INTERSECTION WITH THE EAST LINE OF A 100 FOOT WIDE CANAL RIGHT-
OF-WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 12, PAGE 348, OF SAID PUBLIC RECORDS;
THENCE N.02°15'50"W., ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 1,201.93 FEET
TO THE POINT OF BEGINNING.
PARCEL NO. 00192920001 CONTAINS 33.82 ACRES, MORE OR LESS.
PARCEL NO. 00192360001 CONTAINS 21.84 ACRES, MORE OR LESS.
TOTAL PARCEL CONTAINS 55.66 ACRES, MORE OR LESS.
Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019
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3.E.g
Packet Pg. 381 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
EXHIBIT E
BAUMGARTEN MPUD
DEVIATIONS FROM THE LDC
DEVIATION 1: From LDC Section 6.06.01. — "Street System Requirements" and "Appendix B,
Typical Street Sections and Right-of-Way Design Standards". The LDC establishes
a minimum 60-foot right of way width for local streets.This deviation proposes to
instead allow for private roads within the site to be located in a 50-foot wide
access easement or Right-of-Way, as shown on the Master Plan and in Exhibit El,
Deviation #1 Cross Section.
DEVIATION 2: From LDC Section 5.06.04.F.3, "Directory Signs", which requires a Directory Sign
to be a maximum of 20 feet in height and a maximum of 200 square feet, to
instead allow the Directory Sign located at the Collier Boulevard entrance to the
MPUD to be a maximum of 25 feet in height and a maximum of 250 square feet in
size.
DEVIATION 3: From LDC Sections 5.06.04.F1 and 5.06.04.F.2, "Ground Signs", which allows each
outparcel to have a single ground sign along a public street, to instead allow
outparcels and individual free standing uses within the MPUD to have one
additional ground sign that is oriented to the internal private by-pass driveway
labeled as R.O.W or access easement on the Master Plan) that is provided for in
the MPUD.
Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019
Page 15 of 19
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3.E.g
Packet Pg. 382 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
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Packet Pg. 383 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
EXHIBIT F
BAUMGARTEN MPUD
DEVELOPMENT COMMITMENTS
1.PUD MONITORING
One entity(hereinafter the Managing Entity) shall be responsible for PUD monitoring until
close-out of the PUD, and this entity shall also be responsible for satisfying all PUD
commitments until close-out of the PUD. At the time of this PUD approval,the Managing
Entity is BCHD Partners II, LLC, 2600 Golden Gate Parkway, Naples, FL 34105. Should the
Managing Entity desire to transfer the monitoring and commitments to a successor entity,
then it must provide a copy of a legally binding document that needs to be approved for
legal sufficiency by the County Attorney. After such approval, the Managing Entity will be
released of its obligations upon written approval of the transfer by County staff, and the
successor entity shall become the Managing Entity. As Owner and Developer sell off
tracts, the Managing Entity shall provide written notice to County that includes an
acknowledgement of the commitments required by the PUD by the new owner and the
new owner's agreement to comply with the Commitments through the Managing Entity,
but the Managing Entity shall not be relieved of its responsibility under this
Section. When the PUD is closed-out, then the Managing Entity is no longer responsible
for the monitoring and fulfillment of PUD commitments.
2.MISCELLANEOUS
a. All other applicable state or federal permits must be obtained before commencement
of the development.
b. 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.
c. Parking lot lighting shall be dark sky compliant (flat panel, full cut off fixtures—BUG
rating where U = 0) to avoid light spill onto adjacent properties. Fixtures within 50-ft
of residential properties along the PUD boundary shall be set at no higher than a 15-
ft mounting height. Otherwise the site light poles shall not exceed a 25-ft mounting
height. Light levels along the PUD boundary shall be limited to no more than 0.2-ft-
candles along the joint property line where adjacent to residential property (i.e. not
applicable to Collier Blvd and Immokalee Rd). However light levels at
Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019
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3.E.g
Packet Pg. 384 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
interconnections identified on the Master Plan may be standard lighting for
residential development.
3.UTILITIES
a. As part of the subdivision plat approval or SDP for the residential portion of the PUD,
the owner shall provide a water main stub-out to the southern property line of the
PUD, at the interconnect location shown on the PUD Master Plan, in a location
determined by the owner and approved by the County. A County Utility Easement
will be conveyed by owner to County at no cost to the County for the water main stub-
out and shall be shown on the recorded plat or recorded by separate instrument prior
to preliminary acceptance of utilities. The stub-out shall be sized to supply fire flow
to the PUD under maximum day conditions, as required by Collier County Design
Criteria in the Collier County Water-Sewer District Utilities Standards Manual, as
adopted by Ordinance 2004-31, as amended, and as further amended by Resolution
No. 2014-258, or its successor resolution. This stub-out will not be required if the
residential tract is master metered.
b. As part of the subdivision plat approval or SDP for the residential portion of the PUD,
the owner shall provide a water main stub-out to the eastern property line of the PUD,
at the location of the terminus of Glenforest Drive within the Bent Creek Preserve
RPUD. A County Utility Easement will be conveyed by owner to County at no cost to
the County for the water main stub-out and shall be shown on the recorded plat or
recorded by separate instrument prior to preliminary acceptance of utilities. The
stub-out shall be sized to supply fire flow to the PUD under maximum day conditions,
as required by Collier County Design Criteria in the Collier County Water-Sewer District
Utilities Standards Manual, as adopted by Ordinance 2004-31, as amended, and as
further amended by Resolution No. 2014-258, or its successor resolution. This stub-
out will not be required if the residential tract is master metered.
4. TRANSPORTATION
a. The maximum net external trip generation for the PUD shall not exceed 1,159 two-
way PM peak hour trips as a mixed-use commercial/residential project (internal
capture and pass by trips deducted).The trips will be based on the applicable land use
codes in the Institute of Transportation Engineers (ITE) Trip Generation Manual in
effect at the time of application for Site Development Plan (SDP), or Plat and
Construction Plan (PPL) approval.
b. As a part of the first application for Site Development Plan or Plat for construction of
the development an operational Transportation Impact Statement will be provided
that includes the entire development (highest and best use) for review and approval
by Collier County Transportation staff which will be updated/revised with each
subsequent SDP or Plat application until the build-out condition is achieved.
Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019
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3.E.g
Packet Pg. 385 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
5.SPECIAL CONDITIONS
a. No adult orientated sales are permitted.
b. For commercial uses, outdoor music and televisions shall be limited to the areas that
are a minimum of 500 feet from the southern and eastern PUD boundaries. There will
be no outdoor amplified sound between the hours of 10 p.m. and 8 a.m. weekdays
and 12 a.m. and 8 a.m. on weekends. There will be no outdoor dining on the MU Tract
adjacent to Bent Creek Preserve PUD.
c. Dumpsters shall be oriented as far away from residential units as possible.
d. Delivery bays shall not abut external residential development.
e. Service bays related to automobile service and repair shall be located so that they do
not face any external residential district within 1500 feet.
f. All pole lighting located in Amenity Areas shall be limited to flat full cutoff shields.
g. Residential Amenity Area — no amplified sound after 10:00 p.m. and no lighted
recreational facilities, other than low illumination ground mounted light, after 10:00
p.m.
h. Pedestrian and vehicular interconnection to Tuscany Cove shall be gated and six foot
high, chain link fencing shall be extended 100 lineal feet on each side of the gated
access prior to the first Certificate of Occupancy for the residential dwelling units
adjacent to the southern PUD boundary.
i. 100 lineal feet of six foot high, chain link fencing shall be installed near the southwest
portion of the site as shown on the Master Plan prior to the first Certificate of
Occupancy for the residential dwelling units adjacent to the southern PUD boundary.
j. As part of the initial project site work, the developer shall install the berm and
perimeter landscape buffers along the southern and eastern PUD boundaries. The
southern perimeter landscape buffer shall include a 6-foot high fence with opaque
slats.Within the southern landscape buffer,the developer shall provide supplemental
landscape plantings meeting the type C landscape buffer canopy tree requirement
where the Tuscany Cove landscape buffer has missing canopy trees. This supplement
planting shall occur within the Baumgarten PUD's 15-foot wide landscape buffer.
Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019
Page 19 of 19
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3.E.g
Packet Pg. 386 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
ifil;' - _ *
I
c
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
June 17, 2019
Ms. Ann Jennejohn, Senior Deputy Clerk
Office of the Clerk of the Circuit Court
Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Jennejohn:
Pursuant to the provisions of Section 125.66,Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 19-11, which was filed in this office on June 17, 2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us
3.E.g
Packet Pg. 387 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
IMMOKALEE ROAD
COLLIER BLVD (951)LAKE
PUD BOUNDARY
RESIDENTIAL TRACT
BOUNDARY
20' WIDE TYPE 'D'
LANDSCAPE
BUFFER
20' WIDE TYPE 'D'
LANDSCAPE BUFFER
15' WIDE TYPE 'B'
LANDSCAPE
BUFFER WITH 6'
HIGH FENCE WITH
OPAQUE SLATS
(SEE PUD EXHIBIT
F, ITEM 5.j.)
15' WIDE TYPE
'B' LANDSCAPE
BUFFER
15' WIDE TYPE 'B'
LANDSCAPE
BUFFER
GMP ACTIVITY CENTER
BOUNDARY
GMP ACTIVITY
CENTER
BOUNDARY
MU
R
1
R.O.W. OR ACCESS
EASEMENT
1
R.O.W. OR
ACCESS
EASEMENT
MU
MU MU MU MU MU MU
MU/R
R.O.W. DEDICATION
AREA = 1.3± AC
POTENTIAL FULL
INTERCONNECT WITH
BENT CREEK PUD
1
POTENTIAL FULL
INTERCONNECT TO
TUSCANY COVE
WATER MAIN STUB OUT
LOCATION (SEE PUD
EXHIBIT F, ITEM 3.B.)
WATER MAIN STUB OUT LOCATION
(SEE PUD EXHIBIT F, ITEM 3.A.)
2
3
3
3 3 3 3 3 3
RIGHT-IN ACCESS
ONLY
DIRECTIONAL
ACCESS ONLY
FULL ACCESS R R
LAKE
CHAIN LINK FENCE 100
LINEAL FEET (SEE PUD
EXHIBIT F, ITEM 5.h.)
CHAIN LINK FENCE 100
LINEAL FEET (SEE PUD
EXHIBIT F, ITEM 5.h.)
105' BUILDING
SETBACK
105' BUILDING
SETBACK 15' WIDE TYPE 'B'LANDSCAPE BUFFER WITH8' HIGH SOLID WALLCHAIN LINK FENCE 100
LINEAL FEET(SEE PUD
EXHIBIT F, ITEM 5.i.)
GradyMinor
Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects
Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, Florida 34134
Bonita Springs: 239.947.1144 www.GradyMinor.com Fort Myers: 239.690.4380
0 300'150'
SCALE: 1" = 300'
WHEN PLOTTED @ 8.5 X 11
HERITAGE BAY MPUD
COMMERCIAL
BENT CREEK PRESERVE PUD
RESIDENTIAL
TUSCANY COVE PUD
RESIDENTIAL
RICHLAND PUD
COMMERCIAL
#= DEVIATION
ACTIVITY CENTER LIMITS
3.E.g
Packet Pg. 388 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
IMMOKALEE ROAD
COLLIER BLVD (951)LAKE
PUD BOUNDARY
RESIDENTIAL TRACT
BOUNDARY
20' WIDE TYPE 'D'
LANDSCAPE
BUFFER
20' WIDE TYPE 'D'
LANDSCAPE BUFFER
15' WIDE TYPE 'B'
LANDSCAPE
BUFFER WITH 6'
HIGH FENCE WITH
OPAQUE SLATS
(SEE PUD EXHIBIT
F, ITEM 5.j.)
15' WIDE TYPE
'B' LANDSCAPE
BUFFER
15' WIDE TYPE 'B'
LANDSCAPE
BUFFER
GMP ACTIVITY CENTER
BOUNDARY
GMP ACTIVITY
CENTER
BOUNDARY
MU
R
1
R.O.W. OR ACCESS
EASEMENT
1
R.O.W. OR
ACCESS
EASEMENT
MU
MU MU MU MU MU MU
MU/R
R.O.W. DEDICATION
AREA = 1.3± AC
POTENTIAL FULL
INTERCONNECT WITH
BENT CREEK PUD
1
POTENTIAL FULL
INTERCONNECT TO
TUSCANY COVE
WATER MAIN STUB OUT
LOCATION (SEE PUD
EXHIBIT F, ITEM 3.B.)
WATER MAIN STUB OUT LOCATION
(SEE PUD EXHIBIT F, ITEM 3.A.)
2
3
3
3 3 3 3 3 3
RIGHT-IN ACCESS
ONLY
DIRECTIONAL
ACCESS ONLY
FULL ACCESS R R
LAKE
CHAIN LINK FENCE 100
LINEAL FEET (SEE PUD
EXHIBIT F, ITEM 5.h.)
CHAIN LINK FENCE 100
LINEAL FEET (SEE PUD
EXHIBIT F, ITEM 5.h.)
105' BUILDING
SETBACK
105' BUILDING
SETBACK 15' WIDE TYPE 'B'LANDSCAPE BUFFER WITH8' HIGH SOLID WALLCHAIN LINK FENCE 100
LINEAL FEET(SEE PUD
EXHIBIT F, ITEM 5.i.)
5 6 7
8
8
FOUNDERS ST.FOUNDERS PL.FOUNDERS SQUARE DR.
4
9 10
GradyMinor
Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects
Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, Florida 34134
Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380
0 300'150'
SCALE: 1" = 300'
WHEN PLOTTED @ 8.5 X 11
HERITAGE BAY MPUD
COMMERCIAL
BENT CREEK PRESERVE PUD
RESIDENTIAL
TUSCANY COVE PUD
RESIDENTIAL
RICHLAND PUD
COMMERCIAL
#= DEVIATION
ACTIVITY CENTER LIMITS
3.E.g
Packet Pg. 389 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
GradyMinor
Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects
Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, Florida 34134
Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380
NOTES
1.THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING
REQUIREMENTS.
2.THE SITE CONTAINS NO NATIVE VEGETATION COMMUNITIES AND NO ORIGINAL NATIVE TREES REMAIN; THEREFORE
NO NATIVE VEGETATION PRESERVATION IS REQUIRED.
DEVIATIONS (APPLIES TO ENTIRE PROJECT, SEE EXHIBIT E)
1.STREET SYSTEM REQUIREMENTS AND APPENDIX B
2.DIRECTORY SIGNS
3.GROUND SIGNS
4.GROUND SIGNS
5.LANDSCAPING AND MASONRY WALL STANDARDS
6.LANDSCAPING AND MASONRY WALL STANDARDS
7.SITE DESIGN REQUIREMENTS
8.DIRECTORY SIGNS
9.BOUNDARY MARKER SIGN
10.BOUNDARY MARKER SIGN
SITE SUMMARY
TOTAL SITE AREA: 55.66± ACRE
MIXED USE (MU)20± AC (36%)
MIXED USE OR RESIDENTIAL (MU/R) 14± AC (25%)
RESIDENTIAL (R)10± AC (18%)
AMENITY AREA (IN R AREA)0.5± AC (1%)
WATER MANAGEMENT 8± AC (15%)
ROW DEDICATION AREA 1.3± AC (2%)
BUFFERS 1.86± AC (3%)
RESIDENTIAL:MAXIMUM 400 DWELLING UNITS
COMMERCIAL:MAXIMUM 270,000 S.F.
OPEN SPACE:
REQUIRED:30%
PROVIDED:30%
3.E.g
Packet Pg. 390 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
Words underlined are additions; words struck through are deletions
Baumgarten MPUD Exh E-rev2.docx May 28, 2020
Page 1 of 3
EXHIBIT E
BAUMGARTEN MPUD
DEVIATIONS FROM THE LDC
DEVIATION 1: From LDC Section 6.06.01. – “Street System Requirements” and “Appendix B,
Typical Street Sections and Right-of-Way Design Standards”. The LDC establishes
a minimum 60-foot right of way width for local streets. This deviation proposes
to instead allow for private roads within the site to be located in a 50-foot wide
access easement or Right-of-Way, as shown on the Master Plan and in Exhibit
E1, Deviation #1 Cross Section.
DEVIATION 2: From LDC Section 5.06.04.F.3, “Directory Signs”, which requires a Directory Sign
to be a maximum of 20 feet in height and a maximum of 200 square feet, to
instead allow the Directory Sign located at the Collier Boulevard entrance to the
MPUD to be a maximum of 25 feet in height and a maximum of 250 square feet
in size.
DEVIATION 3: From LDC Sections 5.06.04.F1 and 5.06.04.F.2, “Ground Signs”, which allows
each outparcel or tract to have a single ground sign along a public street, to
instead also allow outparcels or tracts and individual free standing uses abutting
Collier Boulevard and Immokalee Road within the MPUD to have one additional
ground sign that is oriented to the internal private by-pass driveway (labeled as
R.O.W or access easement on the Master Plan) that is provided for in the MPUD.
The second sign shall be limited to 6 feet in height and 40 square feet in sign
area.
DEVIATION 4: Relief from LDC Section 5.06.04.F.2.b, “Outparcels-Ground Signs”, which allows
each parcel or tract to have a single ground sign along a public street, to also
allow platted interior tracts, not adjacent to Immokalee Road or Collier
Boulevard, to have a single ground sign along the interior right-of-way or access
easement with a maximum height of 8 feet and 60 square feet in sign area.
DEVIATION 5: Relief from from LDC Section 5.05.05.D.2.a, “Facilities with Fuel Pumps” which
requires facilities with fuel pumps to be subject to the following standards
where located within 250 feet of residentially zoned or residentially developed
properties:
a. Facility with fuel pumps sites shall be separated from residential property by
a thirty-foot wide landscape buffer and an architecturally designed masonry
wall. The masonry wall shall be eight (8) feet in height, centered within the
landscape buffer, and shall use materials similar in color, pattern, and
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texture to those utilized for the principal structure. The masonry wall shall
be located on top of a berm. The berm shall be constructed and maintained
at a height of three (3) feet and a maximum slope of 3:1. The berm shall be
planted with ground cover.
This deviation will instead not require this MPUD to provide a wall or berm to
be constructed where the facility with fuel pumps is located within 250 feet of
any residential building.
Deviation #6: Relief from LDC Section 5.05.05.D.2.b, “Facilities with Fuel Pumps”, which
requires facilities with fuel pumps to be subject to the following standards
where located within 250 feet of residentially zoned or residentially developed
properties:
b. Landscaping shall be required on both sides of the masonry wall. On the
residential property wall side, a hedgerow consisting of #10 shrubs, spaced
three (3) feet on center, and four (4) feet high at planting and five (5) feet
high within one year shall be provided. In addition, a row of canopy trees
spaced thirty (30) feet on center, and ten (10) feet in height at planting are
required. On the facility with fuel pumps wall side, a row of canopy trees,
spaced thirty (30) feet on center, and twelve (12) feet in height at planting
are required. A hedgerow consisting of #10 shrubs, spaced three (3) feet on
center, and four (4) feet high at planting and five (5) feet high within one
year shall be provided. Required canopy trees shall be staggered to
accommodate the canopy trees on the residential property wall side.
This deviation will instead allow this MPUD to provide a 10-foot wide type ‘D’
landscape buffer planted with 10-foot-high canopy trees planted 20 feet on
center, and a hedge 3 feet in height at installation, which shall be permanently
maintained at a minimum height of three feet along the eastern and southern
lot boundaries. The deviation is applicable only in the location noted on the PUD
Master Plan.
Deviation #7: Relief from LDC Section 5.05.05.B.1 “Facilities with Fuel Pumps”, which
establishes site design standards for facilities with fuel pumps by requiring any
front yard setback to be a minimum of 50 feet, to instead allow a reduction in
the required front yard setback to a minimum of 30 feet.
Deviation #8: Relief from LDC Section 5.06.04.F.3, “Directory Signs”, which requires Multiple-
occupancy parcels or multiple parcels developed under a unified development
plan, with a minimum of eight independent units, and containing 20,000 square
feet or more of leasable floor area to be permitted one directory sign at one
entrance on each public street, to instead allow the directory sign to be
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relocated so that the directory sign is permitted at the westernmost PUD
entrance along Immokalee Road. This sign shall be permitted to include tenant
names for “The Pointe” which is currently under review (SDP PL20190001486).
Deviation #9: Relief from LDC Section 5.06.02.B.14, “Boundary Marker sign”, which allows
residential developments to have one boundary marker sign or monument
structure to be located at each property corner, to instead allow a mixed-use
project to have one boundary marker sign at a single corner. The boundary
marker sign shall include the logo and/or project name.
Deviation #10: Relief from LDC Section 5.06.02.B.14.a. and b., “Boundary Marker sign”, which
requires that the maximum height is 8 feet to the uppermost portion of the
boundary marker structure, and the sign face area may not exceed 24 square
feet in area and may not exceed the height or length of the monument or
structure upon which it is located, to instead allow the boundary marker sign or
sculpture located at the intersection of Immokalee Road and Collier Boulevard
to be 10 feet in height with a maximum of 40 square feet in area.
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EXHIBIT D
BAUMGARTEN MPUD
LEGAL DESCRIPTION
PARCEL 1 (PARCEL NO. 00192920001):
THE NW 1/4 OF THE NW 1/4, SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, LESS THE
NORTH 100 FEET PREVIOUSLY CONVEYED FOR ROAD RIGHT-OF-WAY AND LESS RIGHT OF WAY
DESCRIBED IN O.R. BOOK 2568, PAGE 1176 AND LESS RIGHT OF WAY DESCRIBED IN O.R. BOOK
3328, PAGE 1487, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
PARCEL 2 (PARCEL NO. 00192360001):
THE WEST 60% OF THE NE 1/4 OF THE NW 1/4, SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26
EAST, LESS THE NORTH 100 FEET PREVIOUSLY CONVEYED FOR ROAD RIGHT-OF-WAY AND LESS
ROAD RIGHT-OF-WAY DESCRIBED IN O.R. BOOK 3328, PAGE 1487, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
THE ABOVE DESCRIBED LANDS BEING SUBJECT TO THE TERMS OF THAT BOUNDARY LINE
AGREEMENT RECORDED IN OFFICIAL RECORD BOOK 2228, PAGE 1540, COLLIER COUNTY,
FLORIDA, AND SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A TRACT OR PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA,
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26, THENCE S.89°58'37"E. ALONG
THE NORTH LINE OF SAID SECTION 26, A DISTANCE OF 105.55 FEET; THENCE S.00°01'23"W.
DEPARTING SAID NORTH LINE, A DISTANCE OF 136.96 FEET TO AN INTERSECTION WITH THE
SOUTH RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AND THE POINT OF BEGINNING.
FROM SAID POINT OF BEGINNING, THENCE RUN ALONG SAID SOUTH RIGHT-OF-WAY THE
FOLLOWING NINE (9) COURSES:
1. N.86°54'32"E., A DISTANCE OF 220.75 FEET,
2. S.89°58'57"E., A DISTANCE OF 585.17 FEET,
3. S.00°01'25"W., A DISTANCE OF 15.00 FEET,
4. S.89°58'25"E., A DISTANCE OF 301.91 FEET,
5. S.00°01'35"W., A DISTANCE OF 3.94 FEET,
6. S.89°58'25"E., A DISTANCE OF 89.97 FEET,
7. N.00°01'25"E., A DISTANCE OF 15.00 FEET,
8. S.88°54'04"E., A DISTANCE OF 22.92 FEET,
9. S.88°54'04"E., A DISTANCE OF 793.22 FEET;
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TO AN INTERSECTION WITH THE WEST BOUNDARY LINE OF THE PLAT OF BENT CREEK PRESERVE,
AS RECORDED IN PLAT BOOK 55, PAGE 61, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE S.02°16'43"E. DEPARTING SAID SOUTH RIGHT-OF-WAY ALONG SAID WEST
BOUNDARY LINE, A DISTANCE OF 1,194.23 FEET TO AN INTERSECTION WITH THE NORTH
BOUNDARY LINE OF THE PLAT OF TUSCANY COVE, AS RECORDED IN PLAT BOOK 42, PAGE 15, OF
SAID PUBLIC RECORDS; THENCE N.89°59'25"W. ALONG SAID NORTH LINE, A DISTANCE OF
2,013.46 FEET TO AN INTERSECTION WITH THE EAST LINE OF A 100 FOOT WIDE CANAL RIGHT -
OF-WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 12, PAGE 348, OF SAID PUBLIC RECORDS;
THENCE N.02°15'50"W., ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 1,201.93 FEET
TO THE POINT OF BEGINNING.
PARCEL NO. 00192920001 CONTAINS 33.82 ACRES, MORE OR LESS.
PARCEL NO. 00192360001 CONTAINS 21.84 ACRES, MORE OR LESS.
TOTAL PARCEL CONTAINS 55.66 ACRES, MORE OR LESS.
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COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(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)
BD (Boat Dock Extension)
Carnival/Circus Permit
CU (Conditional Use)
EXP (Excavation Permit)
FP (Final Plat
LLA (Lot Line Adjustment)
PNC (Project Name Change)
PPL (Plans & Plat Review)
PSP (Preliminary Subdivision Plat)
PUD Rezone
RZ (Standard Rezone)
SDP (Site Development Plan)
SDPA (SDP Amendment)
SDPI (Insubstantial Change to SDP)
SIP (Site Im provement Plan)
SIPI (Insubstantial Change to SIP)
SNR (Street Name Change)
SNC (Street Name Change – Unplatted)
TDR (Transfer of Development Rights)
VA (Variance)
VRP (Vegetation Removal Permit)
VRSFP (Vegetation Removal & Site Fill Permit)
OTHER
LEGAL DESCRIPT ION of subject property or properties (copy of lengthy description may be attached)
FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one)
STREET ADDRESS or ADDRESSES (as applicable, if already assigned)
PROPOSED STREET NAMES (if applicable)
SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only)
LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right-
of-way
PROPOSED PROJECT NAME (if applicable)
SDP - or AR or PL #
SURVEY (copy - needed only for unplatted properties)
CURRENT PROJECT NAME (if applicable)
Rev. 6/9/2017 Page 1 of 2
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COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-5724
Please Return Approved Checklist By: Email Personally picked up
Applicant Name:
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
Folio Number
Folio Number
Folio Number
Folio Number
Folio Number
Approved by: Date:
Updated by: Date:
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED
Fax
Email/Fax:Phone:
Project or development names proposed for, or already appearing in, condominium documents (if application;
indicate whether proposed or existing)
Rev. 6/9/2017 Page 2 of 2
00192360001 , 00192920001
01/17/2020
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$ 1,293,500
$ 0
$ 204,900
$ 105,000
$ 1,688,576
$ 60,928
$ 1,749,504
$ 1,647,408
$ 102,096
$ 102,096
$ 102,096
Collier County Property AppraiserProperty Summary
Parcel No.00192360001 Site Adr.9020 IMMOKALEE RD, NAPLES, FL 34120
Name / Address TREE PLATEAU CO INC
5637 STRAND BLVD #201
City NAPLES State FL Zip 34110
Map No. Strap No. Section Township Range Acres *Estimated
3B26 000100 012 3B26 26 48 26 21.41
Legal 26 48 26 W 60 PERCENT OF NE1/4 OF NW1/4, LESS R/W, LESS OR 3328 PG 1487
Millage Area 103 Millage Rates *Calculations
Sub./Condo 100 - ACREAGE HEADER School Other Total
Use Code 69 - ORNAMENTALS, MISC AGRICULTURAL 5.245 6.258 11.503
Latest Sales History
(Not all Sales are listed due to Confidentiality)
Date Book-Page Amount
04/22/88 1344-47
05/01/83 1023-1910
01/01/82 953-973
07/01/81 931-1270
2016 Certified Tax Roll
(Subject to Change)
Land Value
(+) Improved Value
(=) Market Value
(-) Agriculture
(=) Assessed Value
(=) School Taxable Value
(=) Taxable Value
If all Values shown above equal 0 this parcel was created after the Final Tax Roll
Page 1 of 1
2/28/2017http://www.collierappraiser.com/main_search/Recorddetail.html?Map=No&FolioNum=00192360001
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$ 1,293,500
$ 0
$ 425,000
$ 0
$ 2,401,539
$ 364,988
$ 2,766,527
$ 2,322,194
$ 444,333
$ 444,333
$ 444,333
Collier County Property AppraiserProperty Summary
Parcel No.00192920001 Site Adr.8810 IMMOKALEE RD, NAPLES, FL 34120
Name / Address TREE PLATEAU CO INC
5637 STRAND BLVD #201
City NAPLES State FL Zip 34110
Map No. Strap No. Section Township Range Acres *Estimated
3B26 000100 016 3B26 26 48 26 32.55
Legal 26 48 26 NW1/4 OF NW1/4 LESS R/W & ADDITIONAL R/W DESC IN OR 2568 PG 1176 AND OR 3328 PG 1487
Millage Area 103 Millage Rates *Calculations
Sub./Condo 100 - ACREAGE HEADER School Other Total
Use Code 69 - ORNAMENTALS, MISC AGRICULTURAL 5.245 6.258 11.503
Latest Sales History
(Not all Sales are listed due to Confidentiality)
Date Book-Page Amount
04/22/88 1344-47
05/01/83 1023-1911
03/01/83 1009-1223
04/01/80 864-373
2016 Certified Tax Roll
(Subject to Change)
Land Value
(+) Improved Value
(=) Market Value
(-) Agriculture
(=) Assessed Value
(=) School Taxable Value
(=) Taxable Value
If all Values shown above equal 0 this parcel was created after the Final Tax Roll
Page 1 of 1
2/28/2017http://www.collierappraiser.com/main_search/Recorddetail.html?Map=No&FolioNum=00192920001
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Collier BLVDImmokalee RD
Bellaire Bay DR
Toscana WAY
Crystal Lake DRPlateau RDSage AVE
Cortona WAYGervais CIR Quar
t
z LNBurnt Pine DRSweet Bay LNWoodhurst DR
Glenforest DRGoodland Bay DRL i m e s t o n e T R L
Fly Caster PTVo l t e r r a C TTuscany Cov e DR
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,
CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User
Community
Baumgarten MPUD
Location Map
SUBJECT PROPERTY
.
620 0 620310 Feet
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1/16/2020 Property Review - CityView Portal
https://cvportal.colliercountyfl.gov/CityViewWeb/Property/PropertyReview?searchKey=desc&searchValue=192920001 1/2
Parcel Number:192920001
Status:Active
Legal Description:26 48 26 NW1/4 OF NW1/4 LESS R/W & ADDITIONAL R/W DESC IN OR
2568 PG 1176 AND OR 3328 PG 1487
Acres:32.55
Block:016
FLN:00192920001
Improvement Value:$434,980.00
Land Value:$5,696,250.00
Map Number:3B26
Range:26
Section:26
Taxes:$53,352.85
Township:48
Use Code:30
Property Review
Parcel Number: 192920001
Printable
Property Details
Addresses
Street #Pre-Direction Street Name Direction Unit #Status
8810 Immokalee RD Historic
8810 Immokalee RD Active
Contacts
Type Description
Property Owner TREE PLATEAU CO INC, Address:5637 STRAND BLVD #201
Historic Owner TREE PLATEAU CO INC, Address:1020 CROSSPOINTE DR STE 106
Historic Owner TREE PLATEAU CO INC, Address:1020 CROSSPOINTE DR STE 106
Historic Owner TREE PLATEAU CO INC, Address:5637 STRAND BLVD #201
Permit #Type Status Date Closed
PL20200000048 Pre-Application Meeting SUB
Description: Proposed deviation from the fence requirements.
PL20190002823 Plat Recording COMP
Description: Plat Recording for Founders' Square
PL20190002733 Administrative Parking Reduction UNDR
Description: The purpose of this APR is to allow for construction of a ±34,300 SF
medical office building (Founders Square Medical Office) and ±39,664 SF commercial
building (The Pointe at Founders Square).
PL20190002532 Administrative Parking Reduction APPR
Description: APR for a proposed residential development located in the southeast
quadrant of the Immokalee Road (CR 846), in S26, T48, R26, in Collier County,
Florida.
PL20190002142 Zoning Verification Letter APPR
Description: Zoning Verification Letter for 8810 Immokalee Road
PL20190002076 Site Development Plan RSUB
Description: Constructing a 108,000 sq.ft. Self Storage Facility
PL20190001607 Pre-Application Meeting CRFU
Description: The purpose of the PUDI is to request a deviation from LDC Section
5.05.08(F)(2)(b)(ii)(b) to allow the majority of off-street parking to be placed
between the existing CR 951 and Immokalee Rd rights-of-way and the primary
façade of the building.
PL20190001486 Site Development Plan UNDR
Description: Proposed Commercial Tract B of Founders' Square - construct
commercial retail etc.
PL20190001391 Early Work Authorization RSUB
GMD Public Portal
Code Enforcement Complaints
Permit Applications
Planning Applications
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1/16/2020 Property Review - CityView Portal
https://cvportal.colliercountyfl.gov/CityViewWeb/Property/PropertyReview?searchKey=desc&searchValue=192920001 2/2
Permit #Type Status Date Closed
Description: The scope of work proposed under this EWA application will be , lake
excavation and spreading of fill, the installation of storm sewer, as well as potable
water, sanitary sewer and irrigation (upon County and FDEP approval).
PL20190001390 Excavation Permit UNDR
Description: Excavation of three lakes
PL20190001346 Site Development Plan RSUB
Description: Development of a 34,000 sq.ft. Medical Building
PL20190000344 Plans & Plat Construction PC
Description: Plat Commercial and Residential Tracts and ROWs
PL20190000132 Site Development Plan UNDR
Description: Proposed development of an 400 unit Apartment Complex
PL20170000768 Planned Unit Development Rezone HHLD
Description: Proposed Mixed Use Planned Development Rezone to allow 370,000 sq.
ft. of commercial, 400 residential units and 140 hotel/motel rooms.
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3.E.gPacket Pg. 411Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
3.E.gPacket Pg. 412Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
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Collier BLVDImmokalee RD
Bellaire Bay DR
Toscana WAY
Crystal Lake DRPlateau RDSage AVE
Cortona WAYGervais CIR Quar
t
z LNBurnt Pine DRSweet Bay LNWoodhurst DR
Glenforest DRGoodland Bay DRL i m e s t o n e T R L
Fly Caster PTVo l t e r r a C TTuscany Cov e DR
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,
CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User
Community
Baumgarten MPUD
Location Map
SUBJECT PROPERTY
.
620 0 620310 Feet
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Baumgarten MPUD (PL20200000048)
Deviation Justification
May 28, 2020 Page 1 of 3
BCBPDI-20 Deviation Justifications-rev2 05-28-2020.docx
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey, Bonita Springs, FL 34134 239-947-1144 engineering@gradyminor.com www.gradyminor.com
1. Deviations #1 through #3 were previously approved by Ordinance 2019-11. Deviation #3 is being
slightly modified at the request of staff.
2. Deviation #3 seeks relief from LDC Sections 5.06.04.F.1 and 5.06.04.F.2, “Ground Signs”, which allows
each outparcel or tract to have a single ground sign along a public street, to instead also allow
outparcels or tracts and individual free standing uses abutting Collier Boulevard and Immokalee Road
within the MPUD to have one additional ground sign that is oriented to the internal private by-pass
driveway (labeled as R.O.W or access easement on the Master Plan) that is provided for in the MPUD.
The second sign shall be limited to 6 feet in height and 40 square feet in sign area.
Justification:
This will allow platted parcels or tracts fronting both the external arterial roadways and the internal
access road to have signage facing both vehicular use areas. The second sign will be limited to a size
less than that permitted facing the external roadway.
3. Deviation #4 seeks relief from LDC Section 5.06.04.F.2.b., “Outparcels-Ground Signs”, which allows
each parcel or tract to have a single ground sign along a public street, to also allow platted interior
tracts, not adjacent to Immokalee Road or Collier Boulevard, to have a single ground sign along the
interior right-of-way or access easement with a maximum height of 8 feet and 60 square feet in sign
area.
Justification:
This deviation will permit platted parcels or tracts that do not have frontage on Immokalee Road or
Collier Boulevard to have ground signage at a size consistent with typical outparcel and consistent with
the original deviation approved.
4. Deviation #5 seeks relief from LDC Section 5.05.05.D.2.a, “Facilities with Fuel Pumps” which requires
facilities with fuel pumps to be subject to the following standards where located within 250 feet of
residentially zoned or residentially developed properties:
a. Facility with fuel pumps sites shall be separated from residential property by a thirty-foot wide
landscape buffer and an architecturally designed masonry wall. The masonry wall shall be eight
(8) feet in height, centered within the landscape buffer, and shall use materials similar in color,
pattern, and texture to those utilized for the principal structure. The masonry wall shall be
located on top of a berm. The berm shall be constructed and maintained at a height of three
(3) feet and a maximum slope of 3:1. The berm shall be planted with ground cover.
This deviation will instead not require this MPUD to provide a wall or berm to be constructed where the
facility with fuel pumps is located within 250 feet of any residential building.
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Packet Pg. 420 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
Baumgarten MPUD (PL20200000048)
Deviation Justification
May 28, 2020 Page 2 of 3
BCBPDI-20 Deviation Justifications-rev2 05-28-2020.docx
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey, Bonita Springs, FL 34134 239-947-1144 engineering@gradyminor.com www.gradyminor.com
5. Deviation #6 seeks relief from LDC Section 5.05.05.D.2.b, “Facilities with Fuel Pumps”, which requires
facilities with fuel pumps to be subject to the following standards where located within 250 feet of
residentially zoned or residentially developed properties:
b. Landscaping shall be required on both sides of the masonry wall. On the residential property
wall side, a hedgerow consisting of #10 shrubs, spaced three (3) feet on center, and four (4)
feet high at planting and five (5) feet high within one year shall be provided. In addition, a row
of canopy trees spaced thirty (30) feet on center, and ten (10) feet in height at planting are
required. On the facility with fuel pumps wall side, a row of canopy trees, spaced thirty (30)
feet on center, and twelve (12) feet in height at planting are required. A hedgerow consisting
of #10 shrubs, spaced three (3) feet on center, and four (4) feet high at planting and five (5) feet
high within one year shall be provided. Required canopy trees shall be staggered to
accommodate the canopy trees on the residential property wall side.
This deviation will instead allow this MPUD to provide a 10-foot wide type ‘D’ landscape buffer planted
with 10-foot-high canopy trees planted 20 feet on center, and a hedge 3 feet in height at installation,
which shall be permanently maintained at a minimum height of three feet along the eastern and
southern lot boundaries. The deviation is applicable only in the location noted on the PUD Master Plan.
6. Deviation #7 seeks relief from LDC Section 5.05.05.B.1, “Facilities with Fuel Pumps”, which establishes
site design standards for facilities with fuel pumps by requiring any front yard setback to be a minimum
of 50 feet, to instead allow a reduction in the required front yard setback to a minimum of 30 feet.
Justification for Deviations 5, 6 and 7:
The subject PUD is a mixed-use project under unified control whereby a number of commercial land
uses are anticipated to be constructed in close proximity to residential uses. A facility with fuel pumps
is intended to be developed on one of the commercial tracts located on the projects Immokalee Road
frontage. The lot is not within 250 feet of a residential use outside of the Baumgarten PUD and is not
immediately adjacent to a residential tract but rather another commercial development tract. A
commercial building will be constructed on the tract adjacent to the residential building and the
residential building will be located diagonally across Founders Square Drive within 250 feet of the
facility with fuel pumps. Construction of the berm and wall adjacent to the commercial tract does not
provide any noise or aesthetic buffer for the residential use in this instance and the wall and berm are
not necessary to fulfill the desired results for reducing impacts to residential uses, where other
commercial buildings will be located in closer proximity to the residences. The residential developer
(the only residential property owner that is within 250 feet of the proposed facility with fuel pumps)
has provided a letter of no objection to this deviation. The reduction in building setback will only apply
to the internal drives and will have no impact to the traveling public along Immokalee Rd.
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Packet Pg. 421 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
Baumgarten MPUD (PL20200000048)
Deviation Justification
May 28, 2020 Page 3 of 3
BCBPDI-20 Deviation Justifications-rev2 05-28-2020.docx
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey, Bonita Springs, FL 34134 239-947-1144 engineering@gradyminor.com www.gradyminor.com
7. Deviation #8 seeks relief from LDC Section 5.06.04.F.3, “Directory Signs”, which requires Multiple-
occupancy parcels or multiple parcels developed under a unified development plan, with a minimum
of eight independent units, and containing 20,000 square feet or more of leasable floor area to be
permitted one directory sign at one entrance on each public street, to instead allow the directory sign
to be relocated so that the directory sign is permitted at the westernmost PUD entrance along
Immokalee Road. This sign shall be permitted to include tenant names for “The Pointe” which is
currently under review (SDP PL20190001486).
Justification:
The shopping area within the Baumgarten PUD known as The Pointe would be permitted to have a
directory sign located at the entrance to the shopping center located on the internal drive known as
Founders Square Drive. The owner wishes to have the directory sign at the PUDs westernmost entrance
located on Immokalee Road which is a more visible location and one that will provide necessary
guidance for motorists entering the site from eastbound Immokalee Road. The deviation does not
result in a greater number of signs than otherwise authorized by the LDC.
8. Deviation #9 seeks relief from LDC Section 5.06.02.B.14, “Boundary Marker sign”, which allows
residential developments to have one boundary marker sign or monument structure to be located at
each property corner, to instead allow a mixed-use project to have one boundary marker sign at a single
corner. The boundary marker sign shall include the logo and/or project name.
Justification:
The LDC makes no provision for a boundary marker type sign for a mixed-use project. The property
owner desires to construct one boundary marker sign near the PUD boundary at the intersection of
Immokalee Road and Collier Boulevard in order to include the logo and/or project name.
9. Deviation #10 seeks relief from LDC Section 5.06.02.B.14.a. and b., “Boundary Marker sign”, which
requires that the maximum height is 8 feet to the uppermost portion of the boundary marker structure,
and the sign face area may not exceed 24 square feet in area and may not exceed the height or length
of the monument or structure upon which it is located, to instead allow the boundary marker sign or
sculpture located at the intersection of Immokalee Road and Collier Boulevard to be 10 feet in height
with a maximum of 40 square feet in area.
Justification:
This deviation will permit a single boundary marker sign or sculpture to be larger than typical residential
boundary marker signs due to the presence of the Collier Boulevard canal and future grade separated
intersection.
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Packet Pg. 426 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375
3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266
Bonita Springs, FL 34134 www.gradyminor.com
Project Location Map
NEIGHBORHOOD INFORMATION MEETING
Petition PL20200000048, Baumgarten Mixed Use Planned Unit Development (MPUD) Insubstantial
Change (PDI)
A Neighborhood Information Meeting hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A.
and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., representing BCHD Partners II, LLC
(Applicant) will be held on Thursday, July 30, 2020, 5:30 pm at Saint Monica’s Episcopal Church, 7070
Immokalee Road, Naples, FL 34119 (attendees are required to wear masks).
BCHD Partners II, LLC submitted a formal application to Collier County, seeking approval of an Insubstantial
Change to a Planned Unit Development. The PUD amendment proposes a minor revision to previously approved
Deviation #3 to clarify the size of signage permitted facing the internal roadway and addition of Deviations 4 through
10, which seek relief from the Land Development Code (LDC). Deviations 4, 8, 9 and 10, which relate to project
signage, are being requested to permit a boundary marker sign for the mixed-use project and to allow the permitted
directory sign to be located at the westernmost entrance on Immokalee Road. Deviations 5, 6 and 7, which relate
to Facilities with Fuel Pumps, are being requested in order to deviate from the internal buffer requirements within
the MPUD (Tract D, Founders Square, PB 67 PG 9-12) due to the mixed-use nature of the project. Exhibit E,
Deviations from the LDC, has been revised to modify Deviation #3 and include proposed Deviations #4 through
#10. Exhibit C, Conceptual PUD Master Plan, has been revised to note the deviations on the plan.
The subject property (Baumgarten MPUD) is comprised of 56+/- acres, located on the southeast quadrant Collier
Boulevard and Immokalee Road intersection in Section 26, Township 48 South, Range 26 East, Collier County,
Florida.
If you are unable to attend the meeting or have questions or comments, please contact Sharon Umpenhour
at Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134,
sumpenhour@gradyminor.com, phone 239-947-1144, fax 239-947-0375. Project information is posted
online at www.gradyminor.com/planning. The Neighborhood Information Meeting is for informational purposes
only, it is not a public hearing.
3.E.g
Packet Pg. 427 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
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LOT 23178532901162FLYNN, THERESA MICHAEL BUCCINO 15017 TOSCANA WAYNAPLES, FL 34120---0 TUSCANY COVE BLK A LOT 22578532901049FONTANA, FEDERICO & ANGELA 121 WINFIELD STREETSTATEN ISLAND, NY 10305---0 TUSCANY COVE BLK D LOT 33678532903267FORGET PROPERTIES 40 LLC 4214 FLEUR DRIVE STE 13DES MOINES, IA 50321---0 TUSCANY COVE BLK A LOT 20878532900707FRASHERI, EDRIT 15485 CORTONA WAYNAPLES, FL 34120---676 TUSCANY COVE BLK G LOT 45278532904622FRENDT, MICHAEL J & DIANA 13788 COTTAGE DRIVEGRAND HAVEN, MI 49417---0 BENT CREEK PRESERVE PHASE 2B BLOCK D LOT 51623915011080Notice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. The recipient may not transfer this data to others without consent from the CCPA.Petition: PL20200000048 | Buffer: 500' | Date: 6/16/2020 | Site Location: Baumgarten MPUD boundaryPOList_500_PL20200000048.xls3.E.gPacket Pg. 428Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
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59223915012403POList_500_PL20200000048.xls3.E.gPacket Pg. 429Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
3SELLER, DONALD CHRISTOPHER 14931 VOLTERRA CTNAPLES, FL 34120---0 TUSCANY COVE BLK D LOT 32778532903089SEMAAN, ADNAN ARLEIT EL-BOURI 14 INVERARY CRESSCARBOROUGH M1T 2W5 CANADA TUSCANY COVE BLK A LOT 22078532900943SFR 2012 1 FLORIDA LLC 1775 HANCOCK ST #200SAN DIEGO, CA 92110---0 TUSCANY COVE BLK D LOT 33978532903322SHEMON, CRAIG & MICHELLE 14863 TOSCANA WAYNAPLES, FL 34120---0 TUSCANY COVE BLK F LOT 42878532904143SIGL, BLANCHE 15476 CORTONA WAYNAPLES, FL 34120---678 TUSCANY COVE BLK F LOT 45078532904583SLUCHAK, LONNIE & DANIELLE AMY JOYCE NEMETH 12080 LAKE HOUSE LANEPARKLAND, FL 33076---0 BENT CREEK PRESERVE PHASE 2B BLOCK C LOT 59623915012487SOLORZANO, FRANCO MARCIA ASTUDILLO 14916 TOSCANA WAYNAPLES, FL 34120---0 TUSCANY COVE BLK D LOT 33578532903241SPAGNUOLA JR, AMERICO & GINA 29 CHATHAM ROADCOMMACK, NY 11725---0 BENT CREEK PRESERVE PHASE 2B BLOCK E LOT 60023915012568STALLINGS, ROBERT S & DANA A 395 BURNT PINE DRNAPLES, FL 34119---9776 PEBBLEBROOKE LAKES PHASE 2B LOT 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COVE BLK A LOT 23478532901227WEIDNER, KRISTIN 15421 CORTONA WAYNAPLES, FL 34120---0 TUSCANY COVE BLK G LOT 46878532904949WOMBOUGH, JAMES M ELIZABETH J GASCHO 14966 TOSCANA WAYNAPLES, FL 34120---0 TUSCANY COVE BLK D LOT 34678532903461WOOD, CRAIG F LORRAINE C LIPARI 9097 GLENFOREST DRNAPLES, FL 34120---0 BENT CREEK PRESERVE PHASE 2B BLOCK E LOT 60123915012584POList_500_PL20200000048.xls3.E.gPacket Pg. 430Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
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Packet Pg. 434 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten MPUD)
Petition PL20200000048 Baumgarten MPUD Insubstantial Change (PDI)
July 30, 2020 Neighborhood Information Meeting (NIM)
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Packet Pg. 435 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten
•BCHD Partners II, LLC, –Applicant
•Richard D. Yovanovich, Esq., Land Use Attorney –Coleman, Yovanovich & Koester, P.A.
•D. Wayne Arnold, AICP, Professional Planner –Q. Grady Minor & Associates, P.A.
2
Project Team 3.E.g
Packet Pg. 436 Attachment: Attachment F-Application 8-13-20 (13379 : PL20200000048 Baumgarten
Current Zoning:Baumgarten Mixed Use Planned Unit Development (MPUD)
Project Acreage:56+/-acres
Proposed Request:
The applicant is proposing deviations from LDC Sections 5.05.05.B.1 &5.05.05.D.2.a,
Facilities with Fuel Pumps and 5.06.04.F.3,Directory Signs.Exhibit E has been revised to
include the proposed deviations and Exhibit C has been revised to note the deviations
on the plan.
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Project Information 3.E.g
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Location Map 3.E.g
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Approved Exhibit C Master Plan 3.E.g
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Proposed Exhibit C Master Plan
Area of potential
gas/convenience
store
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Aerial Overlay
Area of potential
gas/convenience
store
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Proposed Deviation #3 and 4 3.E.g
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Proposed Deviations #5, 6 and 7
Area of potential
gas/convenience
store
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Proposed Deviations #8, 9 and 10 3.E.g
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Conclusion
Petition Number PL20200000048, Baumgarten MPUD Insubstantial Change (PDI)
Documents and information can be found online:
•Gradyminor.com/Planning
•Collier County GMD Public Portal: cvportal.colliergov.net/cityviewweb
Next Steps
•Hearing sign(s) posted on property advertising hearing date(s).
•Hearing Date(s):Hearing Examiner (HEX) -TBD
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Wayne: Can everybody – everybody hear me when I talk at this level?
Good. I’m Wayne Arnold, and this is Sharon Umpenhour that’s,
uh, going to record our meeting for the Baumgarten insubstantial
PUD amendment that we’re here for, and, um, I appreciate so
many folks coming out. We have a short presentation. Let me
introduce a few other folks. We have David Genson and Austin
Howell from the Collier Companies in the back of the room. We
have Rich Yovanovich. He’s our land use counsel. Then, we have
Sharon, and then, sitting back here, uh, is Nancy Gundlach. She’s
the principal planner with Collier County, and she’s handling our
application that’s moving its way through the county process.
As I mentioned, this is an insubstantial change. We’re making
some minor modifications to the PUD that was approved in 2019.
I’m sure most of you live around the area and see that there’s
construction occurring. The first phase of that is under construction
now. But, what we’re asking for are some deviation requests that
affect, um, largely our signage and the internal gas/convenience
store that we will, uh, have in the, uh, PUD.
[00:01:09] Those are permitted uses, but we have to ask for deviations. Some
of the code nuances really weren’t anticipated until we got a little
further into the construction plans of the project. This is the
property of the old Pelican Nursery an aerial photograph is up on
the screen and, uh, it doesn’t look like that today, obviously,
because that was taken pre-construction.
This is our approved master plan. It’s conceptual, but the MU
designations on that mean it’s mixed use. It can allow residential or
commercial, and in the middle of the site, there’s a tract designated
MU/R, which can be commercial or residential, which it probably
will be, and then, further south, next to Tuscany, is part of our, uh,
review. The first time through with the residents, those tracts were
committed to residential only, and we’re not changing any of those
designations on those tracts.
[00:02:01] Our proposed master plan is what’s highlighted in yellow, and this
particular plan is the location for the gas/convenience store and the
deviation we’re asking for might be. We have a residential
apartment building that’s going to be constructed on a portion of a
residential tract east of our entrance road on Immokalee Road, and
the county has certain buffering requirements for, gas convenience
stores where they’re within 250 feet of residential.
The gas station would be within 250 feet of our internal residential,
so we’ve asked for some deviations on the buffering and worked
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with the residential developer – they’ve written a letter; they have
no objections, for us to review some of the buffering with land use
since they’ll have a buffer, the commercial will have a buffer, and
then, we have a street intervening between the two, so the standard
buffering the county has in the code didn’t really necessarily apply
here. I think the staff concurs with us that the buffering plan we
proposed as a deviation is sufficient.
[00:03:00] This is on the aerial photograph just to give you an idea of where it
relates to those of you who may be in Bent Creek or Tuscany that
are close to residential neighbors can see it’s simple to a site on
and off [inaudible]. This – we have some deviations here, that are
numbered, which probably means nothing to you. They’re keyed
on the master plan. But, these relate to signage in the project.
There’s a provision we wrote into the original plan development
that allows each of the out-parcels facing Immokalee Road to have
a second sign on our internal access road. This standard establishes
some new standards for that. I’m working with the sign reviewers
of the county, so those – while they have a second sign on the
frontage road, it has criteria for the size of those signs. The other
deviations that we’ve asked for in this particular case relate to, uh,
the gas station/convenience store buffering standards that I’ve
alluded to.
[00:04:00] These, um, allow us to change the buffering standards internally. It
doesn’t change anything external of what you might see from
outside the project. We have other deviations – these are called 8,
9, and 10 for those of you – it relates to a directory sign. The way
the county code is written, a directory sign would be where you
have a multiple-tenant parcel.
You’ve probably seen articles in the paper that Founders Square is
gonna be sort of the first phase, and it's gonna have multiple
tenants, but the way the county’s code requirement is written, we
don’t get to have that at our project entrance because it’s going to
be owned separately than the rest of the commercial tract. It’s a
nuance of the code, so we’ve had to ask for a deviation from the
code to allow it to be located at the westernmost entrance on
Immokalee Road to have that directory sign for the project.
We’ve also asked for something that’s called a boundary marker
sign. Founders Square is going to have its own logo, and what
they’ve identified is they don’t need a sign – big sign at the corner
of 951 or Collier Boulevard and Immokalee Road, but they want a
logo-type sign.
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[00:05:02] The county only allows those for residential projects, so we’ve
asked for a deviation to allow us to have logo signs for a mixed-
use project, which is what we are. The other – there are two
sections related to that. One allowed – was for the height, and
we’ve got the canal, obviously, that you’re aware of there and
some grade changes, so we had to ask for some deviation related to
the height and the location for that sign. That’s really, in essence,
what we’re proposing to do.
This isn’t a rehashing of the project. It was previously approved,
and as I said, it’s under construction. Um, some of you – I mean, I
saw the article that was in the newspaper from the real estate group
that’s assisting in Phase 1 of the development. This really wasn’t a
meeting established to talk about all of those project details. I’m
sure if you have some questions, we’ll be happy to try to answer
those to the best we can, but why we’re here tonight is to hold the
required meeting before we can go to a hearing.
[00:05:57] We tentatively have a date set with the hearing examiner to – to
review our changes for September the 24th, and that would be a
9:00 a.m. meeting, and if you received notice for this meeting, you
probably will receive notice for that as well. The hearing examiner
will review this, will take input from us, obviously, and any –
anybody else who wants to appear and be heard, but as I said, these
changes were really to assist in the deviations we may have that
were a little farther into the project.
So, with that, I’m gonna close my presentation and be happy to
answer questions that any of you would have. And, just so it’s
clear, we need to have those recorded, so if I could ask you to
come forward if you have a question and speak into the
microphone and introduce yourself, that would be helpful. Yes, sir,
in the back?
Tim: Hi, my name is Tim Aidan. I apologize, I came in late.
Wayne: Okay.
[00:06:54]
Tim: I was just curious about the gas station on our road. So, is that – is
that certain that there will be a gas station at that corner?
Wayne: I – I don’t know if it’s an absolute certain. We’re asking for the
deviation because there have been a couple of different
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gas/convenience folks who were expressing interest in it. It’s one
of the permitted uses in the PUD today, but as I mentioned – and, I
don’t know how much of the presentation you heard – there’s
some internal buffering where a gas station is within 250 feet of a
residential, and we happen to have a residential tract within our
community that’s within 250 feet.
We really didn’t have the foresight when we came through the
process the first time to ask for the deviation internally. I think we
kind of assumed that it wouldn’t be applicable because it was
internal to our own project, but the county wanted to invoke the
special buffering standards that we had, and we just didn’t feel it
was appropriate to have the two levels of buffering and an
intervening local road between the two tracts of land, and staff has
generally occurred with that.
Tim: So, that would be right there on that Immokalee Road entrance?
Wayne: This would be the primary entrance on Immokalee Road, that’s
right.
Tim: And, it would be far out from the res tract as far as the county?
Wayne: Yes. The county has a separation requirement; we’re exceeding
that standard.
[00:08:01]
Tim: Now, is it – is it going to be a Wawa, do you know? Is that…?
Wayne: I don’t think the end user has been selected, at least not for public
consumption.
Tim: Okay. All right, thank you.
Wayne: Yup, thank you. Anybody else? Yes, ma’am.
Jody: Hi. My name is Jody Tatro –
Sharon Umpenhour: Can you stand closer to the mic?
Jody: My name is Jody Tatro, and I’m on Quarry Drive. I just have a
question about the gas station.
Wayne: Okay.
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Jody: I’m just trying to understand where the trucks are gonna come in
and refuel the tanks because I – I know that’s always a question for
people, especially on the fence side. Are they gonna be – this is
gonna be in the front, the rear, the sides? Do we know?
Wayne: I don’t think we know at this point exactly where the tanks are
going to be. I think the – the canopies are almost 100% guaranteed
to be adjacent to Immokalee Road, and the tanks are generally in
that vicinity, so I’m sure any trucks coming onto the side are going
to come in on our primary access point on Immokalee Road.
[00:09:06] We are negotiating and trying to get a traffic signal at our southern
entrance on Collier Boulevard, so there could be a – a safe exiting
route for trucks and others onto Collier Boulevard at that location.
Jody: So, you said you’re negotiating? I thought that was already
confirmed.
Wayne: Well, it’s – it’s authorized for our project, but they have to
negotiate the – there’s a fair-share contribution agreement and
things like that, so it has to involve others besides this developer in
order to obtain the monies to actually install the traffic signal.
Jody: Thank you.
Wayne: Yes, ma’am. Yes, sir?
Ron: My name is Ron Kolojeski, 9327 Woodhurst Drive in Bent Creek
Reserve. We’ve been following this – this project, uh, for quite –
quite a while now, and, uh, one of the main concerns that I had was
traffic flow, you see, and the…the traffic that will be created
because of the ingress and egress to the gas – that’s at the gas
station.
[00:10:10] They just brought up another good point about when the trucks
come in to fill the tanks, what method are they gonna use for
ingress and egress? When this project was undertaken, we – the
public information on this project – one of the big concerns for the
county and for us – the people in Tuscany Cove – was traffic
congestion, and it was very high. There was no place [inaudible]
but I think they called it a Part 4 or Plan 4, uh, density. Uh, do you,
the developers, have – either the county or the developers – the
developers have changed this project. They had a hotel in there at
one time; they took the hotel out and put in a storage unit. I believe
the storage unit still stands.
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[00:10:57] It’s supposed to be, um, owned apartments, those luxury
apartments that I guess [inaudible] the only property – luxury
apartments now that are, um, of the, um, more transient nature
because they’ll either be rented or leased. Um, we – in fact, we
have a major concern on the traffic, and we’re trying to have that
alleviated from the 423 homes we have in our development by
having an interconnect built that was part of the original plan, part
of the plan. Um, I guess my question is does Haldeman or, uh,
Barron Collier – are they going to build that interconnect between
this property and Bent Creek to alleviate traffic off of Immokalee?
Wayne: The – the project – it’s hard to see, um, on that insert, but there is a
potential interconnection that’s been provided. That’s how the
county always identifies these on our zoning master plans, but it
takes two parties to agree to that interconnection.
[00:12:00] It takes you being a Bent Creek Homeowner’s Association and the
developer of that project to come to terms because they don’t get
built at zero cost. There’s a cost to Bent Creek; there’s a cost to the
developer of the residential and commercial tract that it would pass
through. We even made provisions for it, but it’s gonna take
discussions between the two parties to make that happen.
Ron: Um, well, I think that’s okay, but I think we – as a board member
of the Bent Creek Homeowner’s Association, I’d like some kind of
a guarantee, some type of inkling as to is this gonna happen
because it’s easy to stand here and say, you know, we’re gonna go
through some – some bureaucratic mumbo-jumbo, so to speak, and
the end results are gonna, “Well, if Lennar doesn’t wanna do this,
and we don’t wanna do this, we’re just not gonna do this,” the –
the drawing you presented showed an interconnect between Bent
Creek and this project the point.
[00:12:56] Also, we – I’ve heard, and maybe somebody from The Quarry can
identify this, uh, that the road, which is basically an interconnect
access road from The Quarry to the development where CVS is
and Pelican Larry’s, places like that – that road’s gonna be closed,
and if that’s the case, that’s very – I don’t know if it’s a rumor or
what, but I’ve heard that – if that is the case, you’re gonna put
more traffic on Immokalee. So, I mean, if you’re looking at the
traffic studies that were pretty close to the top, I guess, going into
another phase, and you look at the ramifications of the changes you
made in the project to take some traffic out, but now it seems like
you’re putting all the traffic back in.
Wayne: Well, the uses that we’re proposing – the gas station is a permitted
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use. If we could put it on the corner and we were more than 250
feet from our internal residences, I wouldn’t be here asking for the
deviation. We think it’s better for all to be at the location where
we’re proposing it, but the use is permitted today. We’re not
adding to any use. It was part of the original approval.
[00:14:00]
Ron: No, I’m not fighting that. I’m saying to you that the traffic is gonna
be escalated, the means of ingress and egress are gonna be comp –
compromised at times because of the trucks that are gonna be
delivering fuel, and it’s gonna add to more of the congestion
between Immokalee – between Immokalee and Collier.
Wayne: Well, I think I disagree with you. I’m not trying to be
argumentative, but the use has already been included, as well as
the traffic counts associated with it, so they were part of our trip
count that was established for the overall project. We can’t exceed
that number. So, the county will monitor the trips as we come in
for different approvals; the county will have our traffic engineer
and their traffic staff analyze the numbers to make sure we don’t
surpass the maximum trip cap that we’re allowed to do based on
peak hour traffic information.
Ron: Can we get a, uh, some kind of an indication from your folks
regarding the interconnect between Bent Creek and…?
Wayne: Yeah. David, I’m not sure who they’d need to talk to. It’d be at the
residential developer, I think. That’s where the interconnection is. I
don’t know if we can get your information and we can email you
or however best to communicate, but we will if you’ll be happy
enough to give Sharon your name and contact information.
[00:15:11]
Ron: Thank you.
Wayne: Okay, thank you. Anybody else? Questions, comments?
Brian: My name is Brian Gorla. Um, so, my question is – so, the yellow
square – it is – what does it mean about saying that if there was a
gas station, that’s where it’s gonna be?
Wayne: That square that’s on your photograph is the location where we’ve
asked for a deviation. That’s the lot where we think the gas station
would like to be. It happens to be closer than 250 feet to our
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internal residences. I can move that farther west and be beyond
that, but we think that is the best location for a gas station that’s
part of this overall project.
[00:16:03]
Brian: Okay. Is there any chance that that gas station could move further
east?
Wayne: Not the way we’ve structured our deviation. That’s the only parcel
within 250 feet of a residential that it could be permitted on.
Brian: Okay. So, that takes into account the Bent Creek that’s open?
Wayne: It does. Your project will factor into it. We could not put it on the
far eastern part of this property without asking for a separate
deviation to allow that unless we put in the buffering that’s
required by code. It has some extensive buffering that just didn’t
make sense for an internal commercial parcel.
Brian: Okay. Um, when you’re talking about the side – the deviation from
the side – is – is that that you’re making the signs larger, or – I’m
not sure I understand what exactly the specifics are of that.
[00:16:56]
Wayne: There are several, and I can go through the specific language to
give you a kind of presentation, but we asked for several sign
deviations, primarily to deal with signage that otherwise wouldn’t
be allowed for a mixed-use project. This one, for instance, talks
about ground signs, and it has the size criteria, which I can’t read
from here, but it’s relating to the out-parcel signage for our internal
frontage road. Those actually establish size criteria for them
because there’s no criteria in that original approval for them, so we
sat down the sign reviewer and determined what those would be.
They’re smaller than the typical ground signs that you would have
around parcel permits.
Brian: So, when you say “ground signs,” would that be on the internal
road that runs through the project, or would that be on Immokalee?
Wayne: They can be both. Since we had double frontage, we wanted to be
able to have some signage on the internal frontage road. We have a
driveway cut there as well so people could have signage for their
business. They could also have wall signs, but we have a specific
callout if we wanted to have ground signs, which we potentially
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do.
[00:17:56]
Brian: And so, um, the sign that, I guess, is in the far east that goes to
where we run up against Bent Creek, um, would that be a lighted
sign?
Wayne: Uh, the county does allow illuminated signage. Um, what that’s
gonna be – those are ground signs. I mean, those are not taller than,
I think, 8 feet is what the code permits typically for those, so those
are the typical signs you’d see for an out-parcel in a shopping
center.
Brian: So, the – would that be – that’d be a sign that was illuminated from
within, like a [inaudible – crosstalk] spotlight or anything?
Wayne: I think – no – I’m not an expert, but I think the county does allow
external illumination of the signs from the ground up to them, but
if they’re an 8-foot-high sign, then I don’t know that that’s – if
you’re looking at it, what the visual solution type –
Brian: Yeah, I’m just more concerned about the people that live on the
other side of that that might have, you know, on the ground sign on
the east side –
Wayne: Right. Well, I think immediately east of us is part of your preserve
of Bent Creek.
Brian: No. In that corner where the mixed-use is, there are some homes in
there.
[00:19:00] So, um, in Bent Creek, there is a village that they built in our – in
the neighborhood, and so, they’re actually finishing those – there’s
a lot – some of those are built out now, and there’s actually a, um,
telephone tower that’s being taken out, so that whole corner is
homes back there.
Wayne: Right, okay.
Brian: So, you know, people who live in that area might have light
shining in.
Wayne: Mm-hmm.
Brian: So, would that be taken into consideration, or…?
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Wayne: Well, I think that it does. Like I said, the out-parcel today is
allowed to have it. This is for them to allow a secondary sign on
the frontage road only. It doesn’t affect the signage that you
otherwise are allowed to have on Immokalee Road.
Brian: Yeah, I get the “allowed” part, but…
Wayne: Oh yeah. Just – David Genson just pointed out to me we’ll also
have an 8-foot wall requirement between your residential, so
there’s an 8-foot wall buffer that’s part of our master plan in that
location.
[00:20:00]
Brian: Um…that’s it, thank you.
Wayne: Okay, thank you very much.
Speaker 1: Sir, what’s your name?
Brian: Brian Gorla.
Speaker 1: Brian Gorla, thank you.
Wayne: Yes, sir?
Ignacio: Hi. Ignacio Matucci from Tuscany, and although I attended the
first meeting, in all of the, uh, the, uh, pictures you’ve been
presenting, I see no access road from Tuscany out. It used to show
the back entrance to Tuscany joining that road for us to use the
other exit.
Wayne: It still does. It – it’s hard to see. We depict those as arrows on the
master plan, and you can see where your access, um, stubs out to
our property. There’s an access arrow, and it’s labeled “potential
vehicular intersect.” There’s also language in our PUD that talks
about our obligation for providing some security fencing and
things like that.
Ignacio: Oh, it doesn’t show up in any, uh, the one that you published in –
online, and it’s not showing up in this.
[00:21:02]
Wayne: It does. It’s hard to see, but there is an access arrow in the location
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where that would be.
Ignacio: Okay, thank you.
Wayne: Mm-hmm. Anybody else? Yes, ma’am.
Jody: I don’t have – I feel like [inaudible]. I have to tell you, I’m sitting
here thinking – Jody Tatro again. I’m sitting here thinking about
the – the lack of a potential traffic light going out onto Collier and
thinking that was something that’s clearly supposed to be in the
plans back in the beginning, and I’m curious what changed that it
might not happen at this point.
Wayne: It’s going to happen. The county requires there to be a
proportionate share for that.
Jody: Okay.
Wayne: It requires Pebble Creek, for instance, to participate in that.
Jody: Okay, yeah, yeah.
Wayne: We’re trying to figure out how much each party’s going to pay for
the signal. That’s what that means.
Jody: Okay, perfect. Thank you.
Wayne: Yes, ma’am?
[00:22:00]
Ruth: Resident with Tuscany Cove –
Wayne: Can you stand just a little bit closer so we can make sure you’re –
Ruth: I’m a resident of Tuscany Cove. My name is Ruth Fahmy. I read in
your thing that our, um, property manager sent out to us there are
10 or 11 deviations and, um, things that you’re asking for. I think
my general impression – I’m not an engineer, this is not my
expertise, but my impression is all these sections of the codes and
everything are endless. It seems like you’re asking from a lot of
relief from them. I just would like to know how much of it is a
safety issue when talking about getting gasoline tanks on the
property.
Wayne: Well, as I mentioned before, the gas use is a permitted use in the
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PUD today, so we’re not asking for any deviation to allow a gas
station. We’re allowing – we’re asking for remediation to allow us
to change the buffering standard between us and our internal
residential tract. That’s what we’re asking for, not the use itself.
Ruth: But, what I’m asking is are those statutes there for safety reasons
to begin with?
[00:23:02]
Wayne: The statutes were there largely for aesthetics. The question was –
in case you didn’t hear her – uh, is there a safety issue with
changing the – the code related to the deviation for the gas station,
and I’d say no. It’s a buffering standard that was meant to protect –
an external buffer to a community, and –
Ruth: So, it had nothing to do with any possible explosions or fire safety?
Wayne: No, not at all. No, the county has, um, and the state have a lot of
regulations for what gas stations have to do for their tanks, et
cetera. They obviously have to be in full compliance with that. The
deviation has nothing to do with that. Yes, ma’am?
Angela: My name is Angela Vargas. I live right behind where the gas
station is going to be. On Woodhurst Drive. So, I’m just, um, very
concerned about the noise because we have enough with the one
across the street already, so we can hear everything.
[00:24:05] Those are places where people go to make business, to get
together, and music at night, cars, so, a lot of noise. What do you
think about us?
Wayne: Did you – just so I’m clear, did you say you live off of Woodcrest?
Angela: Yeah – no, Woodhurst.
Wayne: Okay, all right, I’m sorry. Um, I don’t think it’s gonna have any
impact to anybody external to this project. This is clearly – it’s
simply a landscape buffer standard deviation to allow us not to put
in a very wide buffer and a really tall wall on our main entrance
road between us and the apartment complex that’s gonna be built
on the – just on the south of the frontage road.
Angela: I do not agree with that.
Speaker 2: Ma’am, can you just point to where you’re talking about?
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Wayne: I – I wish I had a pointer that – but on the screen, it doesn’t work
on the screen, unfortunately, but if I had a longer pointer, I would
point out that where you see the yellow box on this aerial
photograph –
Angela: Mm-hmm.
[00:25:02]
Wayne: – and just immediately south of there, there’s a label that says
MU/R. There’s going to be an apartment building on that tract of
land, and that’s within 250 feet of the gas station tract, so it
invokes – under the code – a bunch of different buffering standards
which we don’t think make sense given having the access road
and, um, working together with that developer. We have a letter of
no objection from them. They’re supporting this project.
Angela: Can that be – can that be moved more toward, um, 951? So, not as
close to us.
Wayne: The project could be built closer to 951, but the entire tract that’s
on the corner that says MU is under construction right now, and
part of the other review tract is going to be part of the first phase of
this project. I think there’s – there’s a point at Founders Square,
I’m not sure exactly what they’re marketing that as, but it’s going
to be a separate, uh, I guess, specialty shopping center area, so
there’s – those tracks are not really going to be available for a gas
station.
[00:26:02]
Angela: And so, [inaudible] up there –
Wayne: Ma’am, if you don’t mind, you need to come back to the
microphone so we can pick this up. We’re trying to record the
meeting.
Speaker 2: Pull your mask down. [Inaudible]
Angela: So, when we are going – when they present us that, um, shopping
mall, they said that there was gonna be something that we have
access to go to the bars and the stores, but now, if you’re putting
that, um, gas station, that is not something that you can go enjoy
with your –
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Wayne: Well, I think what I’m trying to say is the shopping center area is
going to be on the hard corner of Collier Boulevard and
Immokalee Road. The tract right at the corner and one of the other
mixed-use tracks will be that special sort of shopping and dining
area. That’s what’s planned and under construction today.
[00:27:00]
Angela: I don’t think that would make it nice – a gas station.
Wayne: Okay. Well, thank you. Anybody else have any other comments?
Angela: You don’t need my name?
Brian: I’d like to [inaudible].
Wayne: Okay, Mr. Gorla.
Brian: So, can you answer whether there is going to be an interconnect
built between Tuscany Cove and this project?
Wayne: Yes, there will be an interconnection built between the two.
Brian: Okay. So, I also attended the meeting where you were approved,
and was told by Commissioner Strain that the – about the transfer
that whatever’s being built for Tuscany Cove will be built for Bent
Creek. Um, that’s not happening. We’re getting stonewalled. Um, I
– I’ve talked to, um, the county. They said, “Well, you have to get
a change from your builder and people from” – I think it’s called
the Haldeman Luxury.
[00:28:04] Um, originally, it was the original developer. Now, I’ve been told
that’s been sold, so you’ve gotta deal with some family that’s a
multiple-party group. Um, I’m just…I’m flummoxed as to how we
move this along, and we’re trying to be nice neighbors for people.
Um, we see this as an opportunity when the retail is in there that
it’s a place that our community would – would benefit from
attending, but it – I don’t know if you remember the movie The
Wizard of Oz, but when the scarecrow’s there and they go, “Which
way to go?”, he kind of does this, and that’s what we’re getting
with regard to getting an approval. Um, and, we – we just wanna
be nice neighbors. We want an opportunity to come in, um, but we
– we’re… You know, and it was promised at the meeting. I mean,
that was one of the things at the meeting.
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[00:29:03]
Wayne: Well, you need to look at the approved PUD document –
Brian: I’ve looked at it.
Wayne: – it has the interconnection showing.
Brian: Yup.
Wayne: It does require both your developer and this developer to mutually
agree to the terms so that you would be responsible for a certain
part on yours. It requires some construction plan changes to your
documents. It’s not as simple as just going out and building it. The
county requires a whole process. So, that’s something that takes
more than one party to be a part of to construct that, and I don’t
know – I don’t know the residential developer, but I think the other
gentleman –
Brian: It’s Lennar, and I talked to the president of Lennar last week, and
his comment is that the Haldeman people, um, they’ve stopped
being cooperative. I don’t know who these people are.
Wayne: Do you wanna say anything?
David: Yeah. For the record, David Genson with Barron Collier
Companies. Um, I can tell you right now the plans for Haldeman
that have been approved by the county provide for an interconnect
with Bent Creek, and it’s not Haldeman that is doing anything to
stonewall this.
[00:30:06] They have agreed – just like they agreed to have Bent Creek come
through their community – to allow – or, I’m sorry, for Tuscany
Cove to come through – to allow for Bent Creek. What it comes
down to is at the time of development, Lennar did not want to
proceed with any sort of interconnect, and we said, “That’s fine,
but the county is still requiring us to provide one if you chose to, in
the future, provide an interconnect.” Um, I think there’s a question
about, you know, there was things on the, uh, Bent Creek side,
like, uh, a gate, you know, but we’re not gonna be responsible for
putting a gate in. We’ll – we’ll gladly put a road right up to your –
Brian: [Inaudible – crosstalk] asked for a gate to be built by any
developer.
David: Well, I – I’m just saying, if – if you wanted those kind of things,
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those things can be worked out, but if – there’s no reason that we
can’t have an interconnect. Haldeman will not be standing in the
way. I can tell you that for – for certain.
[00:31:08]
Brian: Okay, well, Bent Creek said it’s the Haldeman. I got a letter to
David and Marge from, um, the builder, Lennar, that said that –
that they’re gonna build it. Um, we’ve got the transcripts from the
meeting last May – I think it was April, and then we had to – had
to extend it out to May, if I recall the date – and at the May
meeting, uh, Sharon Shrey says we’ll build it. Some guy – he goes,
“Isn’t that right, Larry?” I think there’s some guy named Ray
Bellows, and Ray Bellows, and Ray Bellows says, “Yeah, that’s
right, we’ll build it.” You know, and – and those aren’t quotes, but
it’s – I mean, I’ve got the – I can share that stuff with you.
Wayne: I think as David said, the plans for Haldeman have been approved
with an interconnection shown that requires your developer to
modify your plans to actually build the interconnection that’s a
stub out to it.
David: Right.
[00:31:59]
Wayne: It’s not something that David and his group or the Haldeman
builders can amend for you. It’s your developer who’s responsible
for that.
Brian: Yeah…and they said that they would – that they would build it.
They told us they would build it. They said they won’t build it if
Haldeman isn’t, and Haldeman is not saying they’re gonna build it.
Wayne: When – if you pull the plans from the county that have been
submitted for the apartment complex, it will show that there’s a
driveway –
Brian: I have – I’ve got all of that. I go to the website, I go to that, I see it.
I know it’s there. My question is is – our builder is saying that
they’ll build it. Haldeman seems like, you know, another Wizard of
Oz reference, the guy behind the curtain that we can’t get to, um,
and – so, I – I’m just not following how to move this along in this
situation. I mean, you’re – I understand what you’re saying, but
nobody’s coming forward –
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[00:32:55]
David: Sure. Let me just – I had a conversation with Lennar about this,
and if you look at the plans right now for Haldeman, that
connection stopped at the [inaudible] buffering because at the
time, Bent Creek was not going to interconnect, so we had to keep
the buffer there. So –
Brian: Let me stop you.
David: Just let me – let me speak. So, the other part of this is then, I got a
call from Lennar saying, “Hey, would you be willing to go ahead
and connect it up to your property line if I connect it on the other
side?” I said, “Sure, I – I will do that on our side.” So, that was the
last conversation I personally had with Lennar.
Brian: And, about how long ago was that?
David: Boy, this was probably three or four months ago.
Brian: Yeah, which is when we got the letter from them saying that they
would build it, but…
Wayne: I – I think it’s clearly in Lennar’s court, then.
David: Yeah.
Wayne: I’m sorry, I don’t know what to tell you. We’ve made provisions
for it, and…
Brian: Well, could you get anything in writing from Haldeman, then, that
says that they’ll build it –
Wayne: Sure.
Brian: – on their side? I mean, that would be helpful because somebody’s
not – look, I’m not making claims here, but somebody is not
answering our questions.
[00:34:04] And, look, we’re going about this very neighborly-like, and
everybody kinda keeps going, “Well, it’s that guy.” And so, I – if
you could give me something in writing that says yeah, they’re
gonna build the interconnect, not the gate or anything like that, just
get it up to the –
David: Not a problem.
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Brian: Okay.
David: We – we have it – we have it in our purchase agreement with
Haldeman that that was a condition of the purchase, is that if they –
if that was required, they would have to build that.
Brian: Beautiful, thank you.
David: All right? So, I can get you that.
Wayne: Hopefully, that cleared up the interconnect issue. Yes, sir?
Greg: I’m Greg Scirrotto from Bent Creek. My question, Dave, is on the
same topic. Does Hal – would Haldeman have to file an ICP to –
with the county to build that – to build that interconnect?
David: Yes.
Greg: Well, it would be helpful, then, if they just went ahead and did it.
That would give us leverage with Lennar to get them to do it
because they have to do it too. That would be a big, big step in the
right direction.
[00:35:03]
David: I – I cannot submit an S – an ICP on your property without your
consent or the developer’s consent, so I can’t – like, for Tuscany,
they gave me the consent to do improvements on their land as part
of my permitting process, and that’s how we were able to do that. I
don’t have that consent from Lennar for Bent Creek.
Greg: Well, maybe I don’t understand, but do you have to file an ICP to
get to the edge of your property?
David: Yes, yes, and I’m happy to do that.
Greg: Well, that – that, I think, would be helpful because I think that
would give us leverage. Lennar – not to speak out of school, but
Lennar’s running out the clock on us, and they agree to stuff, and
then they step back, so we need all the leverage we can possibly
get.
David: Sure, and I see what you’re saying, and as long as the county
doesn’t have any issue that – in that location where that road is
stubbed to, there’s no buffer, so that’s the only other thing that we
would have to confirm, but –
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Wayne: I don’t think it would be an issue.
David: I’m happy to make that change.
Greg: That would be great, thank you.
David: Sure, thank you.
[00:36:01]
Wayne: Thank you. Yes, sir?
Ron: We’re gonna beat this interconnect to death. Um, four or five
months ago, Lennar told everybody – myself and the board – that
they’re in the process of doing the engineering to put the road
through. I think I said to myself, “It takes an awful long time, I
guess, to do this engineering.” As Brian said, they’re trying to
slow-walk this until they’re out of it.
On August 31st, there’s gonna be a transition meeting – meeting.
Lennar’s leaving because they’ve been built out. So, as Greg
pointed out and this gentleman could follow through, uh, to get
something to – to us saying that Haldeman’s willing to build – is
going to build to the property line that’s gonna help us get, as he
said, get some – because what we’re trying to do is keep people in
our community safe.
[00:37:01] They don’t have to go out on Immokalee to get – to get to the
development to do some shopping, restaurants, and things like that.
It’s gonna help the business, it’s gonna help our community, and
it’s gonna help everybody in general. That’s basically where we’re
at because it doesn’t make any sense for us to leave – to go up the
street, have to make the turnaround, come all the way back down,
and go back in when we can go right across.
Wayne: Yeah, and I think you’ve got no objections from us. It’s clearly in
our plan to do that, and the ball, unfortunately, is in your
developer’s court, and I think David is committed. They’ve done
and they’re doing all they can do. It’s – it’s really not for him to
make Lennar do this.
Ron: But, Dave, it is for you to say – you can say to the homeowners’
association on Bent Creek that we’re going to do this on our part.
David: Yes, and I’m also happy to have a conversation with Lennar
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directly, so…
Ron: That’d be very helpful, thank you.
Wayne: Thank you. Any other non-interconnect questions? [Laughter]
Yes, ma’am. You have to come up to the microphone, please, so
we can try to get this on tape.
[00:38:01]
Speaker 3: It’s a non-interconnect question. Any possibility of you guys
getting in touch with, uh, Collier County traffic? And, just while
you’re finishing, you know, while you’re working – you started
working, and you’re working for the bridge, and the traffic light,
and all of that on Collier Boulevard.
In the meantime, if Collier County could shut down that U-turn in
front of us and force people to go down to the light – because when
you guys are out there working, and they have the cones out and
trucks, and we understand it’s all gonna be beautiful when it’s
finished, but we’ve gotta live through it, and it’s causing that right
lane on Collier Boulevard to not be used. It’s making it even more
tricky for the people that are trying to make the U-turn there, plus
the residents of Tuscany Cove exiting the development. So, if you
guys have any pull to talk to traffic, even for just a short time, it’d
be so helpful.
[00:38:56]
Wayne: I don’t know the details of that. If – just to make sure everybody
heard, it was a question about the U-turn movement on Collier
Boulevard, and David, I don’t know if you can shed any light on
that.
David: Well, that was actually a big part of – of the county approving the
signal, uh, there, was because they were doing those U-turn
movements at Tuscany Cove. Now, when you come out of
Pebblebrooke, there’ll be dual left-turn lanes, so you can just go
that way versus having to go down Tuscany and come around.
Speaker 3: I understand that. It used to be coming out of Pebblebrooke, you
could come out of the Pebblebrooke side and you could go left to
[inaudible] as well.
David: Right, right, and they –
Speaker 3: That’s where there were several serious car accidents.
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David: Right, and that’s why they shut that down. So, to – to fix that,
that’s why we’re putting the signal in there, so –
Speaker 3: I know, but I’m talking about between now and the signal. If
Collier County could just put up a little sign saying that they don’t
allow the U-turn there, it would just make it so much safer for
everybody in the short term, and then, when we have the traffic
light, it wouldn’t be needed anymore anyway. So, it would just be
a great thing.
[00:39:59]
Louis: Hi. Louis DiFusco for Tuscany Cove. Uh, I believe –
conversations I’ve had with the DOT – that that is coming out
altogether.
Wayne: It is coming out; I think the question is is there something between
the installation of the traffic signal and today that could be done,
and I don’t know that we can control what the county’s doing.
David: The fact of the matter is we’re gonna be in the middle of that
intersection for a few months – for quite a few months – doing the
work, so there’s not an interim thing, really, because it’s all gonna
be tore up.
Louis: I put it nine months down the road. I just know it’s gonna become
[inaudible].
Wayne: Right. Yes, sir?
Ignacio: You know, that’s not being explained right. At 5:00, you cannot
get out of Tuscany Cove. They close the left lane where they’re
putting the bridge in, and I’m gonna report it as a danger to the
Sherriff’s Department. It took me a half hour to get out of Tuscany
Cove because when you guys close that lane to work on the bridge,
they’re not closing up in time. They’re supposed to close – open
that, uh, lane for commuters at night, but they’re not doing it. It
took me a half hour to get out of Tuscany, and I almost got in three
accidents trying to cut across. So, something’s gotta be done about
that. It’s not that we’re not patient, it’s a safety concern.
[00:41:11]
David: Okay, thank you. I’ll make sure that the contractor is complying
with the right-of-way permit that’s been issued by the county.
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Ignacio: Thank you.
David: Mm-hmm.
Wayne: Anything else, anybody? Otherwise, we’ll wrap up the meeting
and adjourn. I appreciate this many people being interested. Well, I
guess we’re adjourned. Thank you all.
[End of Audio]
Duration: 42 minutes
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09/24/2020
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.F
Item Summary: PETITION NO. CU PL20180003282 - Evangelical Free Methodist Church –
Request for Conditional Use No. 2, “Churches,” of the Residential Single Family (RSF-3) Zoning
District, as provided in Section 2.03.02.A.1.c. of the Land Development Code, to allow redevelopment
and continued use of a Church and related facilities on ±4.4 acres located at 4631 Sunset Road in Golden
Gate City in Section 22, Township 49 South, Range 26 East, Collier County, Florida. (Coordinator: Ray
Bellows, AICP, Zoning Manager)
Meeting Date: 09/24/2020
Prepared by:
Title: – Zoning
Name: Laura DeJohn
09/01/2020 9:49 AM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
09/01/2020 9:49 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Rose Burke Review Item Completed 09/03/2020 2:17 PM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 09/14/2020 6:46 PM
Zoning Ray Bellows Review Item Completed 09/15/2020 1:52 PM
Zoning Anita Jenkins Review Item Completed 09/16/2020 8:41 AM
Hearing Examiner Andrew Dickman Meeting Pending 09/24/2020 9:00 AM
3.F
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STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: SEPTEMBER 24, 2020
SUBJECT: PETITION CU-PL20180003282; 4631 SUNSET ROAD
CONDITIONAL USE, CHURCH/RELIGIOUS FACILITY
______________________________________________________________________________
PROPERTY OWNER/AGENT:
Owner: Evangelical Free Methodist Church Agent: Jessica Harrelson, AICP
4631 Sunset Road Davidson Engineering, Inc.
Naples, FL 34116 4365 Radio Road, Suite 201
Naples, FL 34104
REQUESTED ACTION:
The petitioner requests approval for Conditional Use No. 2, “Churches,” of the Residential
Single Family (RSF-3) Zoning District, as provided in Section 2.03.02.A.1.c. of the Collier
County Land Development Code (LDC), to allow redevelopment and continued use of a Church
and related facilities on ±4.4 acres.
GEOGRAPHIC LOCATION:
The subject property consisting of +4.4 acres is located on the north side of Sunset Road in the
northeast quadrant of Golden Gate City in Section 22, Township 49 South, Range 26 East,
Collier County, Florida. The property is also bounded by 17th Court SW to the east, 18th Place
SW to the north, and 46th Street SW to the west. (See location map on the following page.)
3.F.a
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PURPOSE/DESCRIPTION OF PROJECT:
The petitioner seeks a Conditional Use for a Church of a maximum of 12,291 square feet in size
and a maximum of 300 seats. The conceptual site plan (see page 3) indicates two buildings
(existing church and proposed Fellowship Hall), water management areas, and code compliant
buffers, parking, and service areas. The site is currently developed, therefore native vegetation is
not present, and preserves are not applicable. Vehicular ingress/egress is proposed from 18th
Place SW and Sunset Road, and a loading area is on the north side of the buildings.
The site is occupied by the existing Evangelical Free Methodist Church facility that was
developed in 1971. A Conditional Use was not pursued for the church until this time, as
currently required by the Land Development Code (LDC).
The petitioner seeks to redevelop the existing campus, which now consists of two buildings
totaling 7,411 square feet. The conceptual site plan (see page 3) indicates that the northern
building on the campus will be razed and replaced with an 8,100-square foot Fellowship Hall to
address damage incurred during Hurricane Irma. The second building, a 4,191-square foot
existing church building, will remain. Following redevelopment, the total building area will be
12,291 square feet, an increase of approximate 4,880 square feet.
As proposed, buildings on the site will remain set back 99.3 feet or more from any right-of-way.
Vehicle access will be rearranged so that the ingress/egress point on 18th Place SW shifts
westward to provide greater spacing from the intersection of 18th Place SW and 17th Court SW,
and the ingress/egress point on 17th Court SW will be relocated to Sunset Road. The existing
asphalt pavement used for parking will be updated with designated spaces and landscape islands
per LDC standards. A total of 129 parking spaces are proposed, including 52 grass spaces
consistent with the LDC which allows up to 90 of the spaces to be grass parking.
The Conceptual Site Plan also indicates that the proposed redeveloped site will include a ten-foot
wide Type “D” landscape buffer around the campus perimeter. Type “D” landscape buffers
require a double staggered hedgerow, planted at 24-inches on center and trees planted at 30-foot
spacing, as depicted in the diagram below. It should be noted that the current facility has no
landscape buffering.
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The redeveloped facility will also provide sidewalks around the perimeter of the site per the
Conceptual Site Plan. No sidewalks are currently in the rights-of-way that abut the property.
Water management areas will be provided at three of the four corners of the property and will
provide for an improved system for attenuation and treatment within the property.
The applicant has agreed to a number of conditions that must be considered to address
compatibility with the surrounding residential neighborhood. The conditions address: hours and
days of operation, maximum number of seats and floor area, restriction against leasing to outside
groups, restriction against outdoor amplification unless permitted for a special event, maximum
of 12 special events per year subject to permitting, accessory uses to occur on site (including
counseling and education services and food services), peak hour maximum trip generation,
traffic control plan, and lighting criteria.
The Condtitions of Approval are provided on pages 8 & 9 of this staff report.
SURROUNDING LAND USE AND ZONING:
This section of the staff report identifies the land uses and zoning classifications for properties
surrounding the boundaries of the subject property, which is developed and zoned RSF-3.
North: 18th Place SW ROW,
Single Family homes,
RSF-3 Zoning District.
East: 17th Court SW ROW,
Single Family homes,
RSF-3 Zoning District
South: Sunset Road ROW,
Multi-Family
Development, RMF-12
Zoning District
West: 4th Street SW ROW,
United Telephone
(Embarq Corporation),
RSF-3 Zoning District
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Comprehensive Planning staff has reviewed this request and offered the following comments:
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Future Land Use Element (FLUE): The petitioner’s property, as identified on the FLU Map of
the GMP, is designated Urban, Mixed Use District, Urban Residential Subdistrict. See
Attachment A for the GMP consistency memorandum dated March 26, 2020. The subject site is
located within the area governed by the Golden Gate City Sub-Element of the Golden Gate Area
Master Plan, which states:
In the Urban Designation: Urban Mixed Use District and Urban Commercial District
Section: The Urban Designation will also accommodate future non-residential uses
including essential services as defined by the most recently adopted Collier County Land
Development Code. Other permitted non-residential land uses may include:…
(d) community facilities such as churches, cemeteries, schools, and school
facilities co-located with other public facilities such as parks, libraries, and
community centers, where feasible and mutually acceptable, fire and police
stations;…
The proposed church is consistent with the Golden Gate Area Master Plan, Golden Gate City
Sub-Element.
Transportation Element: According to the TIS provided with this petition the proposed (new
and existing) Church development will generate a combined projected total of +/- 8 PM peak
hour, 2-way weekday trips for the proposed facility on the adjacent local roadway, Green
Boulevard and Golden Gate Parkway. There is adequate capacity on this roadway to
accommodate the proposed Church development. Therefore, the subject Conditional Use can be
found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan.
The Conditions of Approval (see pages 8 & 9) propose to address services and other period and
events of significant traffic generation, as determined by Collier County Staff. The condition
states the property owner shall provide traffic control by law enforcement or a law enforcement
approved service provider as directed by Collier County staff, with staffing at the location(s) as
direction by Collier County Transportation Engineering Division Director or his designee.
Conservation and Coastal Management Element (CCME): Environmental Services staff has
reviewed the conditional use petition to address environmental concerns and has found this
project to be consistent with the Conservation & Coastal Management Element (CCME).
The property has been historically cleared and maintained clear of native vegetation required to
be preserved (cleared prior to 1973). The Master Plan does not show a preserve, since no
minimum preservation is required. There were no observed listed species on the property. This
project does not require Environmental Advisory Council (EAC) review, as this project did not
meet the EAC scope of land development project reviews as identified in Section 2-1193 of the
Collier County Codes of Laws and Ordinances.
STAFF ANALYSIS:
Conditional Use approval must be based on evaluation and findings outlined in LDC Section
10.08.00.D that: 1) granting of the Conditional Use will not adversely affect the public and any
specific requirements pertaining to the conditional use have been met by the petitioner. Further,
3.F.a
Packet Pg. 477 Attachment: Evangelical-Free-CU-Staff Report (13286 : PL20180003282 Evangelical Free Methodist Church CU)
CU-PL20180003282; Evangelical Free Methodist Church Conditional Use Page 7 of 9
September 3, 2020
that satisfactory provision and arrangement has been made for the following matters, where
applicable:
1. Consistency with the Land Development Code (LDC) and the Growth Management
Plan (GMP).
This request has been deemed consistent with the GMP, the Golden Gate Area Master Plan,
Golden Gate City Sub-Element. Section 2.03.02 of the LDC allows conditional use of
churches in the RSF-3 zoning district. With the conditions recommended by staff, this project
will be in compliance with the applicable provisions of the LDC.
2. Ingress and egress to the property and proposed structures thereon, with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control,
and access in case of fire or catastrophe.
Ingress and egress to the subject property will be limited to a two access points, one on
Sunset Road and the other on 18th Place S.W. The TIS submitted by the applicant indicates
that the adjacent roadway network has sufficient capacity to accommodate this project within
the 5-year planning period as noted above and not adversely impact the surrounding roadway
network. These access points and the interconnected parking aisles on site provide for flow
and ingress/egress alternatives in case of fire or catastrophe.
The minimum parking requirement for churches contained in LDC Section 4.05.04, Table 17,
Parking Space Requirements, is 3 spaces for each 7 seats in the chapel or assembly area. For
the proposed maximum of 300 seats, the parking required is 129 parking spaces. The
Conceptual Site Plan indicates that 129 spaces will be provided consistent with Code
requirements.
Sidewalks are proposed within the rights-of-way circumnavigating the site, providing for
safer and more convenient pedestrian access to and from the campus and within the
surrounding residential neighborhood. The Conceptual Site Plan shows a direct pedestrian
connection is provided from the Sunset Road sidewalk to the church building.
3. The effect the Conditional Use would have on neighboring properties in relation to
noise, glare, economic or odor effects.
The existing church was developed in 1971. Neighboring property owners were invited to
attend a Neighborhood Information Meeting held on January 6, 2020. Of the 57 attendees,
no concerns were raised about noise, glare, economic or odor effects of the existing or
proposed Church operations.
The Conditions of Approval (see pages 8 & 9) include controls for amplified sounds (noise)
and lighting (glare) to address compatibility with neighboring properties.
4. Compatibility with adjacent properties and other property in the district.
3.F.a
Packet Pg. 478 Attachment: Evangelical-Free-CU-Staff Report (13286 : PL20180003282 Evangelical Free Methodist Church CU)
CU-PL20180003282; Evangelical Free Methodist Church Conditional Use Page 8 of 9
September 3, 2020
As noted, the facility has been developed within the neighborhood for 49 years. The
requested conditional use will enhance the compatibility of the campus with buffering,
building foundation planting, and sidewalks.
Based on the above findings, this conditional use should, with stipulations as outlined in this
staff report, be recommended for approval.
NEIGHBORHOOD INFORMATION MEETING (NIM):
Anna Ritenour, AICP on behalf of Evangelical Free Methodist Church, conducted a NIM on
January 6, 2020. The meeting was held at the subject site, Evangelical Free Methodist Church,
at 5:30 P.M. In the back up documentation, the attached sign-in sheet shows 57 attendees.
One inquiry was made about commencement of construction. The presenter answered that
County standards will be met for public hearing notice requirements and for hours of
construction activities.
The NIM Sign-In Sheet and Meeting Summary are included in Attachment B.
RECOMMENDATION:
Staff recommends that the Hearing Examiner approve Petition CU-PL20180003282, subject to
the following conditions:
1. Church services or church-related meetings and gatherings shall be limited to the hours of
7 a.m. to 12 a.m. (midnight) Monday through Sunday.
2. Leasing of the church facility to outside groups is prohibited.
3. Special events (operated by the church) are limited to twelve (12) per calendar year and
subject to a Temporary Use Permit as required, in accordance with the LDC.
4. Outdoor amplified music or sounds are prohibited, unless permitted under a Temporary
Use Permit for a special event.
5. Development shall be consistent with the Conceptual Site Plan for Evangelical Free
Methodist Church - Revision Date 1/21/2020, prepared by Davidson Engineering, and the
church is limited to a floor area of 12,291 square feet (including no more than 300 seats).
6. The following accessory uses are permitted:
a. Outdoor play area d. Storage sheds
b. Gazebos e. Counseling and educational services
c. Covered pavilions f. Food services
3.F.a
Packet Pg. 479 Attachment: Evangelical-Free-CU-Staff Report (13286 : PL20180003282 Evangelical Free Methodist Church CU)
CU-PL20180003282; Evangelical Free Methodist Church Conditional Use Page 9 of 9
September 3, 2020
7. Day care services are not included in this conditional use approval and shall not be
offered on site.
8. Front yard landscape buffers will include 10-foot-wide Type D buffers, as required by the
LDC. Per the Administrative Fence Waiver approval letter dated 10/15/2019, all front
yards will also be buffered by a 4-foot-tall chain link fence.
9. This conditional use shall be limited to a maximum of 8 PM peak hour weekday two-way
trips and a maximum of 164 peak hour, Sunday, two-way trips based on the use codes in
the ITE Manual on trip generation rates in effect at time of application for SDP/SDPA
approval.
10. For services and other period and events of significant traffic generation, as determined
by Collier County Staff, the property owner shall provide traffic control by law
enforcement or a law enforcement approved service provider as directed by Collier
County staff, with staffing at the location(s) as direction by Collier County
Transportation Engineering Division Director or his designee.
11. Site lighting shall adhere to the applicable Collier County Land Development Code
Criteria with the following conditions:
a. Site lighting will be Dark Sky compliant with flat panel and full cut off fixtures.
b. Site lighting will have a maximum height of 25-feet.
c. Project site light poles, structures and fixtures will be shielded away from
residential property lines.
Attachments:
A. Golden Gate Area Master Plan (GGAMP) GMP Consistency Review
B. Application/Backup Material
3.F.a
Packet Pg. 480 Attachment: Evangelical-Free-CU-Staff Report (13286 : PL20180003282 Evangelical Free Methodist Church CU)
Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 1 of 3
Growth Management Department
Zoning Division, Comprehensive Planning Section
Memorandum
To: Laura DeJohn, AICP, Principal Planner
Zoning Services Section, Zoning Division
From: Sue Faulkner, Principal Planner, Comprehensive Planning Section
Date: March 26, 2020
Subject: Golden Gate Area Master Plan (GGAMP) Consistency Review
PETITION NUMBER: Conditional Use - PL20180003282 revised – Rev 3
PETITION NAME: Evangelical Free Methodist Church CU
REQUEST: To obtain a Conditional Use (CU) #2 for a church - pursuant to the Land Development Code
(LDC) Section 2.03.02(c), on a ±3.44-acre site zoned Residential Single Family with 3 dwelling units per
acre (RSF-3) for the operation of a church and secondary building. A church has occupied this site since
1971. No conditional use has been requested in the past. Submittal 2 revised several documents to address
staff review comments. Submittal 3 revised documents to address staff review comments.
LOCATION: The site is located at 4631 Sunset Road in Golden Gate City, in Section 22, Township 49
South, Range 26 East.
COMPREHENSIVE PLANNING COMMENTS: The subject property is designated Urban, Mixed Use
District, Urban Residential Subdistrict, as depicted on the Future Land Use Map and in the Future Land
Use Element (FLUE) of the Growth Management Plan (GMP). The subject site is currently zoned
Residential Single Family with 3 dwelling units per acre (RSF-3).
The petitioner is requesting a Conditional Use to allow a church in the RSF-3. This site is currently
developed with two structures for church use totaling 7,411 sq. ft. The Evangelical Free Methodist Church
sustained substantial damage during Hurricane Irma. The applicant would like to demolish one of the
existing buildings and construct a larger secondary building to accommodate the existing congregation.
The new square footage of the two proposed building will be 8,100 plus 4,191sq. ft. equaling a total of
12,291 sq. ft. (a net increase of 4,800 sq. ft.)
The GGAMP states: Urban Designated areas will accommodate the following non-residential uses:
…Community facilities such as churches, cemeteries, schools and school facilities co-located with other
public facilities such as parks, libraries, and community centers, where feasible and mutually acceptable,
fire and police stations;…
3.F.b
Packet Pg. 481 Attachment: Attachment A - GMP CONSISTENCY CU-PL20180003282 Evangelical Free Methodist Church R3 (002) (13286 : PL20180003282
Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 2 of 3
The Board of County Commissioners recently adopted the Golden Gate Area Master Plan, Golden Gate
City Sub-Element (part of the Restudy efforts completed recently by the Community Planning Section of
the Collier County Zoning Division). The site for this petition is located within the Golden Gate City Sub-
Element area. This new Sub-Element of the Golden Gate Area Master Plan states in the 1. Urban
Designation: Urban Mixed Use District and Urban Commercial District Section: The Urban Designation
will also accommodate future non-residential uses including essential services as defined by the most
recently adopted Collier County Land Development Code. Other permitted non-residential land uses may
include:… (d) community facilities such as churches, cemeteries, schools, and school facilities co -located
with other public facilities such as parks, libraries, and community centers, where feasible and mutually
acceptable, fire and police stations;…
The proposed use is consistent with both the existing GGAMP and the soon to be adopted Golden Gate
Area Master Plan, Golden Gate City Sub-Element.
Certain applicable Future Land Use Element (FLUE) policies are shown below in italics followed by staff
analysis in bold text.
FLUE Policy 5.6 (shown below in italics) followed by staff analysis in [bracketed bold text].
New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth
in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004,
as amended). [Comprehensive Planning staff leaves this determination to Zoning staff as part of their
review of the petition.]
Policy 7.1: The County shall encourage developers and property owners to connect their properties to
fronting collector and arterial roads, except where no such connection can be made without violating
intersection spacing requirements of the Land Development Code. [The subject property (as shown on
the Location Map and the Surrounding Zoning Districts map) fronts on the following roadways: 18th
Pl. SW, 46th St. SW, 17th Ct. SW, and Sunset Road, all local roadways. The client is proposing
relocating the current access point on 18th Place SW, opening a new access point on Sunset Road, and
closing the current access on 17th Ct. SW. There are no opportunities for a connection to a collector
or arterial roadway.]
Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle
congestion on nearby collector and arterial roads and minimize the need for traffic signals. [The
Conditional Use Master Concept Plan as proposed is a single development project. No loop road
(drive) is shown on the Conditional Use Master Concept Plan – parking aisles will allow for
circulation.]
Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or
interconnection points with adjoining neighborhoods or other developments regardless of land use type.
The interconnection of local streets between developments is also addressed in Policy 9.3 of the
Transportation Element. [The Conditional Use Master Concept Plan does not show any future
interconnections due to the project site being adjacent to roads on all sides.]
Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend
of densities, common open spaces, civic facilities and a range of housing prices and types. [Most of this
policy is not applicable, given that this is a single non-residential development. The Conditional Use
Master Concept Plan indicates sidewalks both within the site and sidewalks on all streets adjacent to
the site on 18th Place SW, 46th St. SW, 17th Ct. SW, and Sunset Road. Sidewalks will be required per
3.F.b
Packet Pg. 482 Attachment: Attachment A - GMP CONSISTENCY CU-PL20180003282 Evangelical Free Methodist Church R3 (002) (13286 : PL20180003282
Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 3 of 3
the Land Development Code. Sometimes churches are used for community meetings and as a polling
place.]
CONCLUSION
Based on the above analysis, staff finds the subject petition consistent with the Golden Gate Area
Master Plan of the Growth Management Plan.
PETITION ON CITYVIEW
cc: Anita Jenkins, AICP, Community Planning Manager, Zoning Division
Raymond V. Bellows, Manager, Zoning Services Section, Zoning Division
CU-PL20180003282 Evangelical Free Methodist Church R3.docx
3.F.b
Packet Pg. 483 Attachment: Attachment A - GMP CONSISTENCY CU-PL20180003282 Evangelical Free Methodist Church R3 (002) (13286 : PL20180003282
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
5/08/2018 Page 1 of 12
APPLICATION FOR PUBLIC HEARING FOR:
CONDITIONAL USE
LDC Section 10.08.00 & Code of Laws section 2-83 – 2-90
Chapter 3 C.1 of the Administrative Code
PETITION NO (PL)
PROJECT NAME
DATE PROCESSED
A CONDITIONAL USE TO BE HEARD BY THE PLANNING COMMISSION AND BOARD OF ZONING
APPEALS
A MINOR CONDITIONAL USE TO BE HEARD BY THE OFFICE OF THE HEARING EXAMINER
APPLICANT CONTACT INFORMATION
Name of Property Owner(s): ______________________________________________________
Name of Applicant if different than owner: __________________________________________
Address: ____________________________City: _____________ State: ________ ZIP: _______
Telephone: ____________________ Cell: ____________________ Fax: ___________________
E-Mail Address: ________________________________________________________________
Name of Agent(s): _____________________________________________________________
Firm: _________________________________________________________________________
Address: ____________________________City: _____________ State: ________ ZIP: _______
Telephone: ____________________ Cell: _____________________ Fax: __________________
E-Mail Address: ________________________________________________________________
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
To be completed by staff
Evangelical Free Methodist Church
4631 Sunset Road Naples FL 34116
avril25@hotmail.com
Jessica Harrelson, AICP
Davidson Engineering, Inc.
4365 Radio Road, Suite 201 Naples FL 34104
239-434-6060
jessica@davidsonengineering.com
3.F.c
Packet Pg. 484 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
5/08/2018 Page 2 of 12
ASSOCIATIONS
Required: List all registered Home Owner Association(s) that could be affected by this petition.
Provide additional sheets if necessary. Information can be found on the Board of County
Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774.
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
PROPERTY INFORMATION
On separate page, provide a detailed legal description of the property covered by the
application:
x If the request involves changes to more than one zoning district, the applicant shall include
separate legal description for property involved in each district;
x The applicant shall submit 4 copies of a recent survey (completed within the last six months,
maximum 1" to 400' scale), if required to do so at the pre-application meeting; and
x The applicant is responsible for supplying the correct legal description. If questions arise
concerning the legal description, an engineer's certification or sealed survey may be required.
Property I.D. Number: ____________________________ Plat Book: _______ Page #: _______
Section/Township/Range: _______ /_______ /_______
Subdivision: __________________________________________Lot: ________ Block: ________
Metes & Bounds Description: _____________________________________________________
Size of Property: _____ft. X ______ ft. = _______ Total Sq. Ft. Acres: _____________
Address/ General Location of Subject Property:
______________________________________________________________________________
______________________________________________________________________________
Golden Gate Area Civic Association
4701 Golden Gate Parkway Naples FL 34116
35760200005 5 72
22 49 26
Golden Gate Unit 2 all 37
see attached survey with legal description
varies varies 149,846 ±3.44
4631 Sunset Road
3.F.c
Packet Pg. 485 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
5/08/2018 Page 3 of 12
ADJACENT ZONING AND LAND USE
Zoning Land Use
N
S
E
W
If the owner of the subject property owns contiguous property please provide a detailed legal
description of the entire contiguous property: (If space is inadequate, attach on a separate
page)
Section/Township/Range: / /
Lot: Block: Subdivision: __________________________________________
Plat Book: Page #: Property I.D. Number: ____________________________
Metes & Bounds Description: ________________________________________________
CONDITIONAL USE REQUEST DETAIL
Type of Conditional Use:
This application is requesting a conditional use as allowed, pursuant to LDC section 2.03.00, of the
_______________________ zoning district for _______________________ (type of use).
Present Use of the Property: __________________________________________
RSF-3 single family residential
RMF-12 single family and multifamily residential
RSF-3 single family residential
RSF-3 utility/contracting offices
RSF-3 church
church
3.F.c
Packet Pg. 486 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
5/08/2018 Page 4 of 12
EVALUATION CRITERIA
Pursuant to LDC section 10.08.00 and Chapter 3 C.1 of the Administrative Code, staff’s recommendation
to the reviewing body shall be based upon a finding that the granting of the conditional use will not
adversely affect the public interest and that the specific requirements governing the individual conditional
use, if any, have been met. Further, satisfactory provision and arrangement have been made concerning
the following matters, where applicable.
On a separate page, provide a narrative statement describing a request for a conditional use
and a detailed response to the criteria listed below. Specify how and why the request is
consistent with each of the criteria.
a. Describe how the project is consistent with the Collier County Land Development Code and Growth
Management Plan. Include information on how the request is consistent with the applicable section
or portions of the Future Land Use Element.
b. Describe the existing or planned means of ingress and egress to the property and proposed structure
thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe.
c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare,
economic impact, and odor.
d. Describe the site’s and the proposed use’s compatibility with adjacent properties and other
properties in the district.
e. Please provide any additional information which you may feel is relevant to this request.
Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many
communities have adopted such restrictions. You may wish to contact the civic or property owners
association in the area for which this use is being requested in order to ascertain whether or not the
request is affected by existing deed restrictions.
Previous land use petitions on the subject property: To your knowledge, has a public hearing been
held on this property within the last year? If so, what was the nature of that hearing?
_____________________________________________________________________________________
_____________________________________________________________________________________
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?
No Yes (If yes please provide copies.)
No
3.F.c
Packet Pg. 487 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
5/08/2018 Page 7 of 12
RECORDING OF DEVELOPER COMMITMENTS
Within 30 days of adoption of the Ordinance, the owner or developer at their expense shall record in the
Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice
of Developer Commitments that contains the legal description of the property that is the subject of the
land use petition and contains each and every commitment of the owner or developer specified in
the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply
with the recording requirements of F.S. §695. A recorded copy of the Memorandum or Notice shall be
provided to the assigned Principal Planner, Zoning Services Department, within 15 days of recording of
said Memorandum or Notice.
Chapter 8 of the Administrative Code requires that the applicant must remove their public
hearing advertising sign(s) after final action is taken by the Board of County Commissioners.
Based on the Board's final action on this item, please remove all public hearing advertising
sign(s) immediately.
3.F.c
Packet Pg. 488 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
5/08/2018 Page 8 of 12
Pre-Application Meeting and Final Submittal Requirement Checklist for:
A Conditional Use to be heard by the Planning Commission and Board of Zoning Appeals
A Minor Conditional Use to be heard by the Office of the Hearing Examiner
Chapter 3 C.1. of the Administrative Code
The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of
application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet.
Please provide the submittal items in the exact order listed below, with cover sheets attached to each section.
Incomplete submittals will not be accepted.
Requirements for Review # Of
Copies Required Not
Required
Completed Application (download current form from County website) 1
Cover letter briefly explaining the project 1
Pre-Application Notes 1
Affidavit of Authorization, signed and notarized 1
Completed Addressing Checklist 1
Property Ownership Disclosure Form 1
Warranty Deed(s) 1
Boundary Survey 1
Conceptual Site Plan 24” X 36” plus (one 8 ½ X 11 copy)
Plans showing proposed location for utilities, if required
Plans for screening and buffering the use with reference as to type, dimensions,
and character, if required
Plans showing the proposed landscaping and provisions for trees protected by
County regulations, if required
Plans showing the proposed signs and lighting, including type, dimensions, and
character, if required
Architectural Rendering of Proposed Structure(s), if applicable 1
Current aerial photographs (available from Property Appraiser) with project
boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1
Statement of utility provisions (with all required attachments & sketches) 1
Environmental Data Requirements, pursuant to LDC section 3.08.00 1
Environmental Data Requirements collated into a single Environmental Impact
Statement (EIS) at time of public hearings. Coordinate with project planner at time
of public hearing.
Listed Species Survey; less than 12 months old. Include copies of previous surveys. 1
Traffic Impact Study (TIS) or waiver 1
Historical and Archeological Survey, or waiver 1
Electronic copy of all documents and plans
* Please advise: The Office of the Hearing Examiner requires all materials to be
submitted electronically in PDF format.
1
* If located in the Bayshore/Gateway Triangle Redevelopment Area, include an additional set of each submittal
requirement
✔
✔
✔
✔
✔
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3.F.c
Packet Pg. 489 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
5/08/2018 Page 9 of 12
ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS:
x Following the completion of the review process by County review staff, the applicant shall submit all materials
electronically to the designated project manager.
x Please contact the project manager to confirm the number of additional copies required.
Planners: Indicate if the petition needs to be routed to the following additional reviewers:
Bayshore/Gateway Triangle Redevelopment:
Executive Director Emergency Management: Dan Summers; and/or
EMS: Artie Bay
Conservancy of SWFL: Nichole Johnson GMD Graphics
City of Naples: Robin Singer, Planning Director Utilities Engineering: Eric Fey
Parks and Recreation: Barry Williams Immokalee Water/Sewer District:
Other: School District (Residential Components): Amy
Lockheart
Communication Towers:
Mosquito Control Collier County Airport Authority
Naples Airport Authority
Commercial Mining:
Impact Fees
3.F.c
Packet Pg. 490 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
5/08/2018 Page 10 of 12
FEE REQUIREMENTS
All checks payable to: Board of County Commissioners
Pre-Application Meeting: $500.00 (to be credited towards the application fee if the application is filed
within 9 months of pre-application meeting)
Conditional Use Application Fee: $4,000.00
o When filed with Rezone Petition: $1,500.00
o Additional fee for 5th and subsequent reviews: 20% of original fee
Comprehensive Planning Consistency Review: $300.00
Environmental Data Requirements-EIS Packet (submittal determined at pre-application meeting):
$2,500.00
Listed or Protected Species survey review fee (when an EIS is not required): $1,000.00
Transportation Fee, if required:
o Methodology Review Fee: $500.00
o Minor Study Review Fee: $750.00
o Major Study Review Fee: $1,500.00
Estimated Legal Advertising Fee for the Hearing Examiner or CCPC: $1,125.00
Estimated Legal Advertising Fee for the BZA, if required: $500.00
Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the
Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for
Applications headed to hearing, and this fee is collected prior to hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may result
in the delay of processing this petition.
All checks payable to: Board of County Commissioners.
The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Department
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
____________
Date
____________________________________________
Agent/Owner Signature
Jessica Harrelson, AICP____________________________________________
Agent/Owner Name (please print)
8/7/19
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Packet Pg. 491 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
5/08/2018 Page 11 of 12
Public Participation Requirements
LDC Section 10.03.06 B. or C.
Chapter 8 of the Administrative Code
Notice for Minor Conditional Use Petitions
Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a
NIM at least 15 days prior to the Hearing Examiner’s receipt of the staff report and
application materials in accordance with the applicable sections of the Administrative
Code. The NIM shall be advertised and a mailed written notice shall be given to the
property owners in the notification area at least 15 days prior to the NIM meeting.
Mailed Notice: Written notice shall be sent to property owners in the notification area
at least 15 days before the advertised Hearing Examiner hearing.
Newspaper Advertisements: The legal advertisement shall be published at least 15 days
before the advertised Hearing Examiner hearing in a newspaper of general circulation.
The advertisement shall include at a minimum:
x Date, time, and location of the hearing;
x Description of the proposed land uses; and
x 2 in. x 3 in. map of the project location.
Sign: A sign shall be posted at least 15 days before the advertised Hearing Examiner
hearing date.
Public Hearing for Minor Conditional Use Petitions
Hearing Examiner: The Hearing Examiner shall hold at least 1 advertised public hearing.
See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner
procedures.
Notice for Conditional Use Petitions
Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a
NIM at least 15 days prior to the advertised public hearing. The NIM shall be advertised
and a mailed written notice shall be given to the property owners in the notification
area at least 15 days prior to the NIM meeting.
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Packet Pg. 492 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
5/08/2018 Page 12 of 12
Mailed Notice: Written notice shall be sent to property owners in the notification area
at least 15 days before the advertised public hearing.
Newspaper Advertisements: The legal advertisement shall be published at least 15 days
before the advertised public hearing in a newspaper of general circulation. The
advertisement shall include at a minimum:
x Date, time, and location of the hearing;
x Description of the proposed land uses; and
x 2 in. x 3 in. map of the project location.
Sign: A sign shall be posted at least 15 days before the advertised public hearing date.
Public Hearing for Conditional Use Petitions
Environmental Advisory Committee (EAC): The EAC shall hold at least 1 advertised
public hearing, if required.
Collier County Planning Commission (CCPC): The CCPC shall hold at least 1 public
hearing.
Board of Zoning Appeals (BZA): The BZA shall hold at least 1 advertised public hearing.
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Packet Pg. 493 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
Evangelical Free Methodist Church
CU PL#20180003282
November 7, 2019
1 of 3
NARRATIVE & EVALUATION CRITERIA
ATTACHMENT “B”
The intent of this Conditional Use request is to approve and expand the existing church as provided for in
the Conditional Use provisions within the RSF-3 Residential Zoning District and Urban Residential Future
Land Use Designation. The subject property consists of ± 4.4 acres generally located at 4631 Sunset Road,
north of the intersection of Sunset Road and 17th Court SW within Golden Gate City.
a. Describe how the project is consistent with the Collier County Land Development Code and Growth
Management Plan. Include information on how the request is consistent with the applicable section
or portions of the Future Land Use Element.
Response: The RSF-3 Residential Zoning District permits churches as a Conditional Use. The
application and proposed master plan identify all the required elements for a conditional use, as
required by the LDC. The subject property is within the Golden Gate Area Future Land Use and Urban
Residential Subdistrict, commonly known as Golden Gate City. Policy 4.0.1 of the Golden Gate Area
Master Plan (GGAMP) states “Development and redevelopment within Golden Gate City shall be
guided by the residential and commercial needs of the surrounding area.” This policy is identified as
part of Goal #4 – “To preserve and enhance a mix of residential and commercial land uses within
Golden Gate City that provides for the basic needs of both the local residents and the residents of
the surrounding area.” It is apparent, over the history of this previously established church that the
surrounding residents approve of the location of the church and in fact, are also parishioners. Many
of the neighbors are able to walk to the church and utilize the services provided by the church.
b. Describe the existing or planned means of ingress and egress to the property and proposed structure
thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe.
Response: Ingress/egress to the property will be redesigned to provide for better traffic flow. One
access will be located on Sunset Road and the second will be located on 18th Place SW. All driveways
within the parcel will be designed for two-way traffic which also allows for fire lanes throughout
the vehicular use area. Sidewalks will be constructed surrounding the property as well as
improvements to pedestrian access throughout the parcel.
c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare,
economic impact, and odor.
Response: The proposed church expansion will have limited increase in traffic or noise to the
neighborhood. See Traffic Analysis attached in this submittal for more detailed evaluation. The
expansion and remodel are to allow for additional space for the existing congregation. The current
church office, meeting and service hours will remain. Many of the parishioners are residents in the
surrounding neighborhood and enjoy the convenience. Glare will be minimal with the new
landscape buffering to be installed with the expansion.
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Packet Pg. 494 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
Evangelical Free Methodist Church
CU PL#20180003282
November 7, 2019
2 of 3
d. Describe the site’s and the proposed use’s compatibility with adjacent properties and other
properties in the district.
Response: The subject property consists of an entire block within Golden Gate City. All surrounding
properties are across rights-of-way and developed with single family homes, multifamily and a
utility contractor office. A church has been established at this location since at least 1971 per Collier
County Property Appraiser records, included in Attachment C. Neighborhood churches have
historically accepted as the most compatible non-residential use in a residential zoning district.
e. Please provide any additional information which you may feel is relevant to this request.
Response: See the supplemental Environmental Narrative included as Attachment C. Additionally,
the subject property is currently owned by the applicant and members of the Evangelical Free
Methodist Church are all local to the area. Upon approval of this Conditional Use, the existing church
and proposed expansion will be found consistent with the LDC.
Future Land Use Element Provisions
Policy 5.6:
New developments shall be compatible with, and complementary to, the surrounding land uses, as set
forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18,
2004, as amended).
The RSF-3 Zoning District allows churches as a Conditional Use. This application and proposed master
plan identify all the required elements for a conditional use, as required by the LDC. Once approved,
the existing church and proposed expansion will be consistent with the Collier County Land Development
Code and the Golden Gate Area Master Plan.
Policy 7.1
The County shall encourage developers and property owners to connect their properties to fronting
collector and arterial roads, except where no such connection can be made without violating intersection
spacing requirements of the Land Development Code.
This property does not have access to an arterial or collector road. The means of ingress and egress to
the parcel are currently proposed at 18th Place SW and Sunset Road.
Policy 7.2
The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion
on nearby collector and arterial roads and minimize the need for traffic signals.
Although the project does not have direct access to an arterial or collector road, interior vehicular access
allows for traffic flow through the property between both access points.
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Packet Pg. 495 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
Evangelical Free Methodist Church
CU PL#20180003282
November 7, 2019
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Policy 7.3
All new and existing developments shall be encouraged to connect their local streets and their
interconnection points with adjoining neighborhoods or other developments regardless of land use type.
The church property is an entire block completely surrounded by local streets within Golden Gate City.
There are two access points to local streets proposed.
Policy 7.4
The County shall encourage new developments to provide walkable communities with a blend of
densities, common open spaces, civic facilities and a range of housing prices and types.
Sidewalks will be provided around and within the subject property, per the Master Plan.
Conservation & Coastal Management Element Provisions
Policy 6.1.1
Pages 16-20, CCMA Document, Collier County Growth Management Plan, related to native vegetation
preservation
This site does not contain any native vegetation, as per historic aerial photos provided in Attachment
“C”. As a result, no preservation area is required.
Policy 7.1.1
Incompatible land uses are directed away from listed species and their habitats by… (listed mechanisms).
This site does not contain any native vegetation and subsequently is not expected to contain any listed
species; therefore, the proposed Conditional Use is compliant with this policy.
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Packet Pg. 496 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 1 of 3
PROPERTY OWNERSHIP DISCLOSURE FORM
This is a required form with all land use petitions, except for Appeals and Zoning Verification
Letters.
Should any changes of ownership or changes in contracts for purchase occur subsequent to the
date of application, but prior to the date of the final public hearing, it is the responsibility of the
applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.
Please complete the following, use additional sheets if necessary.
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in
common, or joint tenancy, list all parties with an ownership interest as well as the
percentage of such interest:
Name and Address % of Ownership
b. If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each:
Name and Address % of Ownership
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest:
Name and Address % of Ownership
Evangelical Free Methodist Church, Inc.100%
4631 Sunset Road
Naples, FL 34116
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Packet Pg. 497 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 2 of 3
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the
general and/or limited partners:
Name and Address % of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the contract purchasers below, including the
officers, stockholders, beneficiaries, or partners:
Name and Address % of Ownership
Date of Contract: ___________
f. If any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation, partnership, or trust:
Name and Address
g. Date subject property acquired _______________
Leased: Term of lease ____________ years /months
If, Petitioner has option to buy, indicate the following:
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Packet Pg. 498 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239)252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 3 of 3
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
____________
Date
____________________________________________
Agent/Owner Signature
Jessica Harrelson, AICP
____________________________________________
Agent/Owner Name (please print)
8/7/19
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Packet Pg. 499 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
Department of State /Division of Corporations /Search Records /Search by Entity Name /
Document Number
FEI/EIN Number
Date Filed
State
Status
Last Event
Event Date Filed
Detail by Entity Name
Florida Not For Profit Corporation
EVANGELICAL FREE METHODIST CHURCH, INC.
Filing Information
N02000004315
20-0597284
06/01/2000
FL
ACTIVE
REINSTATEMENT
07/13/2005
Principal Address
4631 SUNSET ROAD SW
NAPLES, FL 34116
Changed: 07/13/2005
Mailing Address
P O BOX 7346
NAPLES, FL 34101-7346
Changed: 06/18/2008
Registered Agent Name & Address
BRINI, DAVID
3204 39TH ST SW
LEHIGH ACRES, FL 33976
Name Changed: 04/21/2013
Address Changed: 04/21/2013
Officer/Director Detail
Name & Address
Title PCD
CYPRIEN, JOSEPH A
4654 24th place sw
NAPLES, FL 34116
Title TD
Division of CorporationsFlorida Department of State
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Packet Pg. 500 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
ILSON, JOSEPH
440 27 STREET SW
NAPLES, FL 34117
Title D
FORTUNE, ASSONDIEU
4073 COCONUT CIRCLE NORTH
NAPLES, FL 34104
Title FINANCIAL OFFICER
BRINI, DAVID
3204 39TH ST SW
LEHIGH ACRES, FL 33976
Annual Reports
Report Year Filed Date
2018 04/01/2018
2019 04/07/2019
2020 02/23/2020
Document Images
02/23/2020 -- ANNUAL REPORT View image in PDF format
04/07/2019 -- ANNUAL REPORT View image in PDF format
04/01/2018 -- ANNUAL REPORT View image in PDF format
06/05/2017 -- ANNUAL REPORT View image in PDF format
04/03/2016 -- ANNUAL REPORT View image in PDF format
04/29/2015 -- ANNUAL REPORT View image in PDF format
04/30/2014 -- ANNUAL REPORT View image in PDF format
04/21/2013 -- ANNUAL REPORT View image in PDF format
04/22/2012 -- ANNUAL REPORT View image in PDF format
06/11/2011 -- ANNUAL REPORT View image in PDF format
02/16/2010 -- ANNUAL REPORT View image in PDF format
03/21/2009 -- ANNUAL REPORT View image in PDF format
06/18/2008 -- ANNUAL REPORT View image in PDF format
07/23/2007 -- ANNUAL REPORT View image in PDF format
04/15/2006 -- ANNUAL REPORT View image in PDF format
07/13/2005 -- REINSTATEMENT View image in PDF format
07/29/2002 -- ANNUAL REPORT View image in PDF format
06/01/2000 -- Domestic Non-Profit View image in PDF format
Florida Department of State, Division of Corporations
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Evangelical Free Methodist Church
CU PL#20180003282
March 31, 2020
1 of 2
CONDITIONS OF APPROVAL
ATTACHMENT “D”
1. Church services or church-related meetings and gatherings shall be limited to the hours of 7
a.m. to 12 a.m. (midnight) Monday through Sunday.
2. Leasing of the church facility to outside groups is prohibited.
3. Special events (operated by the church) are limited to twelve (12) per calendar year and subject
to a Temporary Use Permit as required, in accordance with the LDC.
4. Outdoor amplified music or sounds are prohibited, unless permitted under a Temporary Use
Permit for a special event.
5. The church and fellowship hall are limited to:
a. A combined floor area of 12,291 square feet.
b. A maximum of 300 seats total.
6. The following accessory uses are permitted:
a. Outdoor play area
b. Gazebos
c. Covered pavilions
d. Storage sheds
e. Counseling and educational services
f. Food services
7. Day care services are not included in this conditional use approval and shall not be offered on site.
8. Front yard landscape buffers will include 10-foot-wide Type D buffers, as required by the LDC. Per
the Administrative Fence Waiver approval letter dated 10/15/2019, all front yards will also be
buffered by a 4-foot-tall chain link fence.
9. This conditional use shall be limited to a maximum of 8 PM peak hour weekday two-way trips and
a maximum of 164 peak hour, Sunday, two-way trips based on the use codes in the ITE Manual
on trip generation rates in effect at time of application for SDP/SDPA approval.
10. For services and other period and events of significant traffic generation, as determined by
Collier County Staff, the property owner shall provide traffic control by law enforcement or a
law enforcement approved service provider as directed by Collier County staff, with staffing at
the location(s) as direction by Collier County Transportation Engineering Division Director or his
designee.
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Evangelical Free Methodist Church
CU PL#20180003282
March 31, 2020
2 of 2
11. Site lighting shall adhere to the applicable Collier County Land Development Code Criteria with
the following conditions:
a. Site lighting will be Dark Sky compliant with flat panel and full cut off fixtures.
b. Site lighting will have a maximum height of 25-feet.
c. Project site light poles, structures and fixtures will be shielded away from residential
property lines.
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Packet Pg. 509 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
SHEET NO:
4365 Radio Road, Suite 201
Naples, Florida 34104
P: 239.434.6060
Company Cert. of Authorization
No. 00009496
REVISIONS
DATE:REV.DESCRIPTION
EVANGELICAL FREE METHODIST CHURCH
N
SCALE 1:80
CONDITIONAL USE -
CONCEPTUAL SITE PLAN
ZONING
CURRENT ZONING: RSF-3
CURRENT LAND USE: CHURCH
BUILDING SETBACKS
PARKING CALCULATIONS
L.D.C. 4.05.04 - CHURCH/HOUSE OF WORSHIP/TEMPLE/SYNAGOGUE
REQUIRED:
3 SPACES FOR EACH 7 SEATS IN CHAPEL OR ASSEMBLY AREA:
(300 SEATS / 7 SEATS ) X 3 SPACES = 129 PARKING SPACES
PROVIDED:
TOTAL = 129 PARKING SPACES (INCLUDES 5 ADA SPACES)
GRASS PARKING (INCLUDED IN TOTAL):
UP TO 70% OF OFF-STREET PARKING SPACES MAY BE GRASS
OR LAWN. 0.70 X 129 = 90 GRASS PARKING SPACES ALLOWED
52 GRASS PARKING SPACES PROVIDED
LEGEND
ASPHALT PARKING
CONCRETE
MIN. FRONT YARD: 30'
HEIGHT
ZONED BUILDING HEIGHT: 35'
PRESERVE
PER LDC SECTION 3.05.07.A.6 AND HISTORIC CLEARING
DOCUMENTATION, NO PRESERVE IS REQUIRED
GRASS PARKING
REVISED PER COLLIER COUNTY COMMENTS 01/21/2020
LANDSCAPED AREA
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Packet Pg. 510 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free
4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com
D esigningE xcellence
Civil Engineering • Planning • Permitting
December 16, 2019
Dear Property Owner,
The public is invited to attend a Neighborhood Information Meeting, held by Davidson Engineering, Inc.,
representing the property owner Evangelical Free Methodist Church, Inc. on:
Monday, January 6, 2020 at 5:30 p.m. at Evangelical Free Methodist Church located at
4631 Sunset Road, Naples, FL 34116.
The subject property is located on the northwest corner of Sunset Road and 17th Court S.W. within the Golden
Gate Subdivision in Section 22, Township 49 South, Range 26 East, Collier County, Florida, consisting of ±4.40
acres. (see back for location map)
The property owner is petitioning Collier County for the following:
Conditional Use (CU-PL20180003282): Request for a Conditional Use to allow an existing Church to expand
within the RSF-3 Zoning District in Golden Gate City.
Business and property owners, residents and visitors are welcome to attend the presentation and discuss the
project with the owner/developer and Collier County staff. If you are unable to attend this meeting, but have
questions or comments, they can be directed by mail, phone or e-mail to the individual below:
Anna Ritenour, AICP
Davidson Engineering, Inc.
4365 Radio Road, Suite 201
Naples, FL 34104
Phone: 239-434-6060
Email: anna@davidsonengineering.com
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ANDRADE, GERVASIO
280 29TH ST SW
NAPLES, FL 34117---0
ARGUETA, ELSY E
LUCAS J MANUELES PEREZ
1756 45TH TER SW
NAPLES, FL 34116---0
BAYES, LANETTE
4486 17TH CT SW
NAPLES, FL 34116---0
BELANCE, FRITZ-NOL
NAISE VALBRUN BELANCE
1750 46TH TER SW
NAPLES, FL 34116---0
BEREIJO, RODOLFO
MARIELA BEREIJO
4461 18TH AVE SW
NAPLES, FL 34116---5955
BERMUDEZ, ABIEZER
ANGEL J PEREZ MOLINA
4472 18TH AVE SW
NAPLES, FL 34116---0
BLAKE, ANA JULIA GERMAN
1751 45TH ST SW
NAPLES, FL 34116---0
BRISKIE, J KAREN
1791 45TH ST SW
NAPLES, FL 34116---5937
BROCHE, EDUARDO ESTRADA
4570 17TH CT SW
NAPLES, FL 34116---5904
BROWN, STEPHANIE
MARK JARRETT
4605 19TH PL SW
NAPLES, FL 34116---5813
CABRERA, ASTERIO R
4443 18TH AVE SW
NAPLES, FL 34116---0
CAMACHO, DAVID E
FREDISVINDA A SALMERON
4466 18TH AVE SW
NAPLES, FL 34116---5912
CAMERON, LORNA
4603 19TH PL SW
NAPLES, FL 34116---5813
CANO, RAMON F
MARTIN C FIGUEROA
4563 19TH PL SW
NAPLES, FL 34116---0
CHALICO, CARLOS E GARCIA
CYNTHIA M MARTINEZ
1780 46TH TER SW
NAPLES, FL 34112---0
COLLIER CNTY
C/O REAL PROPERTY MANAGEMENT
3335 TAMIAMI TR E, STE 101
NAPLES, FL 34116---0
COLLIER COMMUNITY HOUSING LLC
5290 GOLDEN GATE PKWY #1
NAPLES, FL 34116---8303
COLLINS, JUANITA B
4273 29TH PL SW
SARASOTA, FL 34236---0
COMMUNITY ASSISTED AND
SUPPORTED LIVING INC
1401 16TH ST
NAPLES, FL 34116---5919
CONNOR, KETTA SHUNTELL
4489 18TH PL SW
NAPLES, FL 34116---0
CRUZ, JOSE G & ORALIA
1751 46TH ST SW
NAPLES, FL 34116---5813
DALEY, ENCEL
TRUDY ANN DALEY
4607 19TH PL SW
NAPLES, FL 34116---5939
DAVISON, BENJAMIN J & AMANDA S
1749 45TH TER SW
NAPLES, FL 34116---0
DEASON, JUSTIN L
4519 17TH CT SW
NAPLES, FL 34116---0
DELGADO, KARINA
1760 46TH TER SW
NAPLES, FL 34101---7346
EVANGELICAL FREE METHODIST
CHURCH INC
PO BOX 7346
UNIONVILLE L3R 1R4 CANADA
FAIRHOMES IMPERIAL TOPAZ
PROPERTIES LLC
10 STATION LN
NAPLES, FL 34116---8332
FERGUSON, LARRY
3090 42ND TER SW
NAPLES, FL 34116---0
FERREIRO, ANDRES
ANGELA P SOTO
4497 18TH PL SW
NAPLES, FL 34116---0
FIELDS, JAMES L
1772 46TH ST SW
WESLEY CHAPEL, FL 33544---0
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Packet Pg. 516 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
FL DISTRICT OF WESLEYAN CHURCH
3807 MARYWEATHER LANE
WESLEY CHAPEL, FL 33544---0
FL DISTRICT OF WESLEYAN CHURCH
3807 MARYWEATHER LN
ALTAMONTE SPRING, FL 32714---0
FLORIDA CONFERENCE ASSOCIATION
OF SEVENTH DAY ADVENTISTS
351 S SR 434
NAPLES, FL 34116---0
FONTES, SANDRA
1761 46TH ST SW
NAPLES, FL 34116---5832
FRANCO, MANUEL & DANIS
4528 17TH CT SW
NAPLES, FL 34116---5953
FULLER, STEPHEN G
EVA I WILLIAMS
1756 46TH ST SW
NAPLES, FL 34116---0
GABRIEL, YVES
ROSELUNE GABRIEL-MERTUS
4591 18TH PL SW
NAPLES, FL 34116---0
GARCIA, JESUS GALLARDO
ROSA MARIA GALLARDO
4479 18TH AVE SW
NAPLES, FL 34116---6084
GARCIA, JOSE
LIMBANIA VERDECIA
1781 45TH ST SW
NAPLES, FL 34116---5832
GARCIA, MANUEL
MANUEL GARCIA-LARA
1955 46TH ST SW
NAPLES, FL 34116---5937
GARCIA, TRINIDAD
1764 46TH ST SW
NAPLES, FL 34116---6075
GARRUTO, SALVATORE & CARMELA
1741 45TH ST SW
NAPLES, FL 34116---5937
GERMAIN, LONIC & NEDLINE
4631 19TH PL SW
NAPLES, FL 34116---0
GEYER, SUZANNE D
1761 45TH ST SW
NAPLES, FL 34116---5955
GONZALEZ, FRANCISCO ZUNIGA
4484 18TH AVE SW
NAPLES, FL 34116---5955
GONZALEZ, HENRY
4449 18TH AVE SW
NAPLES, FL 34116---5939
GONZALEZ, YOEL
RAQUEL FERNANDEZ
4485 18TH AVE SW
NAPLES, FL 34116---0
GRAMJO, ANA ESPERANZA LOPEZ
ERWIN RICARDO HERNANDEZ CHEN
1781 45TH TER SW
NAPLES, FL 34116---5959
GUERRA, YUDITH SAMUEL
4555 18TH PL SW
PLANTATION, FL 33324---1054
GUTIERREZ, EDUARDO
MARIA ELENA CHAVEZ GUTIERREZ
4537 18TH PL SW
NAPLES, FL 34116---5912
HAPA INVESTMENTS LLC
10081 NW 7TH ST
NAPLES, FL 34116---5832
HENRY, GIBERTHA
NIOLA CESAR
4460 18TH AVE SW
NAPLES, FL 34116---5955
HERNANDEZ, MAIKEL ABELLA
1748 46TH ST SW
NAPLES, FL 34116---5912
HERNANDEZ, YORULY
4455 18TH AVE SW
NAPLES, FL 34116---5939
HOMICH III, JOSEPH
4448 18TH AVE SW
NAPLES, FL 34117---2145
HUMES, JACQUELINE & THOMAS
1757 45TH TER SW
NAPLES, FL 34116---5811
KNOWLES, CLAUDIUS I
MILTON WILLIAMS
4595 19TH PL SW
NAPLES, FL 34117---2145
KNOWLES, CLAUDIUS I & LORNA
110 13TH ST SW
NAPLES, FL 34117---2145
LABRA, ANTOLIN & VICTORIA
351 PORTER ST
NAPLES, FL 34113---8529
LE, DANNY
TRAMANH PHAN
9020 ESTERO RIVER CIR
NAPLES, FL 34113---8529
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Packet Pg. 517 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
LINARES, ROBERTO ROJAS
YULEYS DELIS CORDIES
1770 46TH TERR SW
ESTERO, FL 33928---2361
LOLLY, RYAN E & SANYA C
6017 PINE RIDGE RD STE 175
NAPLES, FL 34116---0
MAILLOUX, ANDRE MARC
MARIE EVELYN MAILLOUX
880 WEST SAN MARTIN AVE
NAPLES, FL 34119---0
MALDONADO, EDGAR R
LUZ M RODRIGUEZ
1771 45TH ST SW
SAN MARTIN, CA 95046---0
MARTINEZ, HILARIO & CARMELA
4608 19TH PL SW
NAPLES, FL 34116---0
MAYBERRY, JAMES R
4670 13TH AVE SW
NAPLES, FL 34116---6083
MJ HANDYMAN SERVICES LLC
699 94TH AVENUE NORTH
NAPLES, FL 34116---5132
MOLEON, LEONE
1740 45TH TER SW
NAPLES, FL 34108---0
MORAN, GERMAN N
4598 17TH CT SW
NAPLES, FL 34116---5940
NAPLES PLACE 1 INC
12795 HUNTERS RIDGE DR
NAPLES, FL 34116---5904
NICOLAS, CLIFFORD
1765 45TH TER SW
BONITA SPRINGS, FL 34135---3431
ORTIZ, SILVIO
1761 46TH TER SW
NAPLES, FL 34116---0
PASCOE, ROBERT W
PO BOX 8422
NAPLES, FL 34116---0
PHADUNGCHAI, PAUL
526 WARE ST
NAPLES, FL 34101---8422
PLATE, WERNER
4542 17TH CT SW
MANSFIELD, MA 02084---0
POMPA, MIGUEL & ODALIS
DAYANA POMPA
4481 18TH PL SW
NAPLES, FL 34116---5919
REFERENCE ONLY
CHRISTIAN CENTER LAND CONDO
A COMMERCIAL LAND CONDOMINIUM
NAPLES, FL 34116---5955
REFERENCE ONLY
GATEHAVEN TOWNHOUSES
UNIT I A CONDOMINIUM
NAPLES, FL 34109---7144
RICARDO, INDIRA
4437 18TH AVE SW
NAPLES, FL 34116---0
RICHARD J WOODRUFF REV TRUST
7664 PONTE VERDE WAY
NAPLES, FL 34116---5940
RIFIN, IFERDIEU & JEANETTE D
1791 46TH ST SW
NAPLES, FL 34116---0
RODRIGUEZ, EUGENIO CASTILLO
ESTENIA MARRERO
1748 45TH TER SW
NAPLES, FL 34116---5939
RODRIGUEZ, K ROXANA URQUIZA
JAVIER A TORRES
ENID VANESSA MCGILL1936 46TH ST
SW
NAPLES, FL 34116---0
ROGAN TR, EDWARD J & PAULA K
ROGAN FAMILY TRUST
UTD 6/29/101741 45TH TER SW
BONITA SPRINGS, FL 34135---6838
SERRANO, NORMA GRISELDA
1790 46TH TER SW
BONITA SPRINGS, FL 34135---6838
SMUDER, DOUGLAS & RHONDA
28390 LAS PALMAS CIR
BONITA SPRINGS, FL 34135---6838
SMUDER, DOUGLAS & RHONDA
28390 LAS PALMAS CIR
FERNANDINA BEACH, FL 32034---5928
SNOW, MAURICE & MARIE F
1802 LEWIS ST
NAPLES, FL 34113---0
SOLIS, ANTONIO GARCIA
1771 46TH ST SW
NAPLES, FL 34116---0
SUNSHINE BLVD APARTMENTS LLC
5290 GOLDEN GATE PKWY
NAPLES, FL 34116---0
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TELUSKA, LAURENT & ANTONIA
4478 18TH AVE SW
NAPLES, FL 34116---5904
TERGA, IOSELT L
4514 17TH CT SW
NAPLES, FL 34116---5831
THIMEAU, LUXENE
ANTONOISE THIMEAU MOGENE
1741 46TH ST SW
NORWALK, CT 06850---0
TITUS, AKIM C
1732 45TH TER SW
NAPLES, FL 34110---1376
TRUJILLO, MARIA
46 GLENROCK
OVERLAND PARK, KS 66207---909
TRUPIANO, MARIO & MARY
125 HERITAGE WAY
NAPLES, FL 34116---5912
UNITED TELEPHONE CO OF FL
% EMBARQ CORP
ATTN: PROPERTY TAXPO BOX 7909
NAPLES, FL 34103---4730
VALDES, JOSE LAZARO PINO
TANIA LEON-CALANA
4454 18TH AVE SW
NAPLES, FL 34103---4730
WAHBEY, ALBERT K
BARBARA DESANZO
555 BOW LINE DR
NAPLES, FL 34103---4730
WAHBEY, ALBERT K
BARBARA DESANZO
555 BOW LINE DR
NAPLES, FL 34116---5939
WILLEMAIN, JANE E
1773 45TH TER SW
NAPLES, FL 34104---0
YERRY L MADISON TRUST
VIRGINIA A MADISON TRUST
205 COUNTRYSIDE DR
NAPLES, FL 34104---0
ZAVALA, ARTURO GARCIA
KARLA M GARCIA
760 EVERGLADES BLVD S
NAPLES, FL 34116---0
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Sunset RoadSunshine Blvd18th Pl SW
RSF-3
RSF-3
RMF-12
RMF-12
RMF-12
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Packet Pg. 525 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282
Request:
•To allow the existing church to
expand with new building
Current Code:
•RSF-3 Residential Zoning District
•Church is allowable under
Conditional Use criteria
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Packet Pg. 526 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282
Existing
Buildings
Existing
Parking
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New
Building
Access
Points
New
Parking Lot
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Packet Pg. 530 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282
Davidson Engineering, Inc.
Anna Ritenour, AICP
anna@davidsonengineering.com
239-434-6060
Collier County
James Sabo, AICP
James.Sabo@colliercountyfl.gov
239-252-2708
•Awaiting staff approval of request documents
•Schedule public hearing
•Legal notification will be mailed and advertised prior to public
hearing
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Packet Pg. 531 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282
4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com
D esigning E xcellence
Civil Engineering • Planning • Permitting
M E M O R A N D U M
January 9, 2020
TO:James Sabo, AICP, Collier County Growth Management Dept.
FROM:Anna Ritenour, AICP, Davidson Engineering
RE:Evangelical Free Methodist Church – CU PL20180003282
Neighborhood Information Meeting Summary
Davidson Engineering conducted a Neighborhood Information Meeting (NIM) for the subject Evangelical
Free Methodist Church Conditional Use (CU) Application on Monday, January 6, 2020 at 5:30 p.m. The
meeting was held at the Evangelical Free Methodist Church located at 4631 Sunset Road, Naples, FL
34116. Anna Ritenour, AICP with Davidson Engineering was in attendance to represent the applicant. The
sign in sheet, attached, indicates that 57 individuals were in attendance. According to David Brini,
representative of the church, all attendees were members of the church. Copies of the presentation
handout were available at the meeting, emailed to the list of attendees and also attached hereto.
Anna Ritenour, agent for the applicant, began the presentation at approximately 5:40 p.m. and reviewed
the request and application for Conditional Use in addition to the currently proposed conditions of
approval.
Following the presentation, attendees were asked for questions or comments. The following list is a
summary of questions asked and responses given by the agent in bold.
1. How will the neighborhood know when we start construction, so there are no complaints?
Response: We have notified neighbors within 500 feet for this meeting. The same residents will
be notified for the public hearings when scheduled. Signs will be posted on the property and an
ad will be in the newspaper. Once this application is approved, there will be no further
notification before construction. If you have a permit, there is no reason for anyone to stop the
project. There are limitations to hours of construction.
End of memo.
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Packet Pg. 532 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
VTRr RANSPORTATION
ONSULTANTS, INC
TRAFFIC ENGINEERING
TRANSPORTANON PLANNING
SIGNAL SYSTEMS/DESIGN
MEMORANDUM
Ms. Anna Ritenour, AICP
Davidson Engineering, Inc.
FROM:Yury Bykau
Transportation Consultant
Ted Treesh
President
DATE: November 20,2019
Evangelical Free Methodist Church (PL20l 80003282 & PL20180003330)
Collier County, Florida
METHODOLOGY REVIEW FEE - $5OO.OO
SMALL SCALE STUDY _ NO ADDITIONAL FEE
TR Transportation Consultants, Inc. has completed a traffic analysis for the Conditional
Use (CU) and Site Development Plan (SDP) applications for the expansion of an existing
Evangelical Free Methodist Church located at 4631 Sunset Road in Collier County,
Florida. Attached Figure I illustrates the approximate location of the subject site.
The existing church was established in l97l and prior to the current zoningrequirements.
Therefore, the existing church is considered as a legal non-confirming use today. The
applicant is seeking Conditional Use and Site Development Plan approvals to allow for
the expansion of the church as well as to allow for existing use to remain on site. The
existing church consists of two buildings. The southern building contains a sanctuary
with approximately 300 seats and 4,191square feet of floor area. The northern building is
used for the fellowship hall, offrce uses, etc., and consists of approximately 3,220 square
feet of floor area. The total floor area of both existing buildings is 7 ,411 square feet. With
the proposed expansion, the total floor area will be increased by approximately 4,880
square feet to a total of 12,291 square feet of floor area. Based upon the site plan the
proposed expansion includes the demolition of the existing northern building which is to
be replaced by a new 8,100 square foot building containing the same uses as before. The
existing southern building as well as the number of seats will remain as is and unchanged.
2726 OAK RIDGE COURT, SUITE 503
FORT MYERS, FL 33901.9356
oFFICE 239.278.3090
FAX 239.278.1906
TO
RE
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Packet Pg. 533 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
VTR TRANSPORTATION
CONSULTANTS, INC
Ms. Anna Ritenour, AICP
Evangelical Free Methodist Church
PL20180003282
PL20180003330
November 20,2019
Page2
Based on the site plan, the existing access connections to lTth Court SW and l8th Place
SW will be closed as part of this application. The southern access will be relocated to
Sunset Road while the northern access will be shifted to the west.
EXISTING CONDITIONS
Sunset Road, 18th Place SW & Sunshine Boulevard are all local roadways within the
vicinity of the subject site. Project traffic is proposed to have direct access to Sunset Road
and 18th Place SW. Concurrency is not measured on these local roadways.
Green Boulevard is an east/west two-lane undivided collector to the west of Sunshine
Boulevard and a four-lane divided collector to the east. The Level of Service Standard on
Green Boulevard (Link #27.0) is LOS "D", or 900 vehicles. Green Boulevard has a
posted speed limit of 45 mph and is under the jurisdiction of Collier County.
Golden Gate Parkway is an east/west four-lane divided arterial roadway within the
vicinity of the subject site. The Level of Service Standard on Golden Gate Parkway (Link
#22.0) is LOS "D", or 1,800 vehicles. Golden Gate Parkway has a posted speed limit of
35 mph and is under the jurisdiction of Collier County.
TRIP GENERATION & DISTRIBUTION
The Institute of Transportation Engineers Report titled Trip Generation Manual, 70th
Edition, was referenced to estimate the trip generation for the proposed church expansion.
Pursuant to the attached Methodology Meeting Notes, the trip generation for the existing
and proposed church was based on ITE Land Use Code 560 (Church). The trip generation
equations utilized from this land use are attached to the end of this document for
reference. Table I provides a summary of the existing development intensity and the
proposed development intensity as part of the expansion.
Table I
Land Uses
Free Methodist Church
Land Use Size
Existing
Church
(Luc 560)
7,411 Sq. Ft.
(300 Seats)
Proposed
Church
(LUC s60)
12,291Sq. Ft.
(300 Seats)
Total Expansion 4,880 Sq. Ft.
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Packet Pg. 534 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
VTRr RANSPORTATION
ONSULTANTS, INC
Ms. Anna Ritenour, AICP
Evangelical Free Methodist Church
PL20180003282
PL20180003330
November 20,2019
Page 3
E Free Methodist Church
As requested in the attached Pre-App notes, a trip generation comparison was conducted
for the Sunday peak hour as a result of the proposed church expansion based on the
number of seats and floor area. Based on the comparison, utilizing LUC 560 based on the
floor area yields more conservative trip generation results for Sunday. Table 5 outlines
the anticipated Sunday peak hour trip generation of the church with the proposed
Table 2 provides a summary of the trip generation projections for the existing church
building on site. Table 3 provides a summary of the trip generation projections for the
proposed church with expansion.
Table 2
Trip Generation- Existing Church
Free Methodist Church
Table 3
Trip Generation - Proposed Church
Free Methodist Church
In order to obtain the net new trips generated by the proposed church expansion, the trips
shown in Table 2 were then subtracted from the trips shown in Table 3. Table 4 outlines
the anticipated new trips to be added to the surrounding roadway network as a result of
the proposed expansion. The new trips shown in Table 4 were then utilized to conduct a
Concurrency Analysis on the surrounding roadways.
Table 4
Trip Generation - Net New Trips (Table 2 vs Table 3)
WeekdayA.M. PeakHour Weekday PM. PeakHourLand Use In Out Total In Out Total
Daily
(2-way)
Existing Church
(7,41 I Square Feet)1 I 2 J 4 7 63
WeekdayA.M. PeakHour WeekdayP.M. PeakHourLand Use In Out Total In Out Total
Daily
(2-way)
Proposed Church
(12,291Square Feet)2 2 4 4 4 8 93
lVeekday A.M. Peak Hour Weekday P.M. Peak llourLand Use In 0ut Total In Out Total
Daily
(2-way)
Proposed Church
(12,291Square Feet)2 2 4 4 4 8 93
Existing Church
(7,411 Square Feet)I I 1-L -J -4 -7 -63
New Trips +1 +1 +2 +1 0 +1 +30
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Packet Pg. 535 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
VTR TRANSPORTATION
CONSULTANTS, INC
Ms. Anna Ritenour, AICP
Evangelical Free Methodist Church
PL20r80003282
PL20180003330
November 20,2019
Page 4
expansion based on the floor area. Table 6 outlines the anticipated Sunday peak hour trip
generation of the church with the proposed expansion based on the number of seats. The
daily Sunday trip generation is also indicated in both tables.
Table 5
Sunday Trip Generation Based on Floor Area - Proposed Church
Free Methodist Church
Table 6
Sunday Trip Generation Based on Number of Seats - Proposed Church
Free Methodist Church
The weekday peak hour trips shown in Table 3 for the proposed church expansion were
then assigned to the site access drive and the surrounding roadway network. The project
traffic distribution was determined in the methodology with staff and is illustrated on the
attached Figure 2. Figure 2 also illustrates the assignment of project trips (including
Sunday peak hour trips from Table 5) to the site access drives based upon the project
traffic distribution. It is important to note that approximately I5Yo of project traffic was
assumed to originate from within the Golden Gate community. In addition, project traffic
traveling to/from the east on Golden Gate Parkway will utilize 45th Street SW to access
the subject site.
CONCURRENCY/LEVEL OF SERVICE ANALYSIS
In order to determine which roadway segments surrounding the site will be significantly
impacted, Table 1A, attached to this Memorandum, was created. This table indicates
which, if any, roadway links will accommodate an amount of project traffic greater than
the 2o/o-2o/o-3% Significance Test. Therefore, the new traffic generated as a result of the
proposed expansion (Table 4) was compared with the Capacity for Peak Hour - Peak
Direction traffic conditions as defined by the 2018 Collier County Annual Update
Inventory Report (AUIR). From Table 1A, no roadway segments are shown to be
significantly impacted by the proposed development.
Sunday Peak Hour of GeneratorLand Use In Out Total
Sunday
(2-way)
Proposed Church
(12,291Square Feet)79 85 t64 340
Sunday Peak Ilour of GeneratorLand Use In Out Total
Sunday
(2-way)
Proposed Church
(300 Seats)
55 57 112 363
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Packet Pg. 536 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
VTRr RANSPORTATION
ONSULTANTS, INC
Ms. Anna Ritenour, AICP
Evangelical Free Methodist Church
PL20180003282
PL20180003330
November 20,2019
Page 5
In addition to the significant impact criteria, attached Table 2A includes the concurrency
analysis on the Collier County Roadway network. The current remaining capacity and
Level of Service Standard for each roadway segment analyzed was obtained from the
2018 Collier County Annual Inventory Update Report (AUIR). A two-year planning
analysis was also conducted. In order to estimate the projected 202I background traffic
volumes, the existing 2018 peak hour peak direction traffic volumes from the 2018 AUIR
were adjusted by the appropriate growth rate. The growth rate calculations are shown on
the attached Table 3A. These projected volumes were then compared with the 2018
existing plus trip bank volumes from the 2018 AUIR. The more conservative of the two
volumes was then utilized as the 2021background trafhc volume.
The concurrency analysis was then performed by subtracting the project traffic volumes
that will result with the proposed expansion from the 2021 background remaining
capacity in order to determine whether or not sufficient capacity will be available after
the addition of the new traffic associated with the proposed CU and SDP approvals.
Based on the information contained within Table 2A, there will be sufficient capacity on
the surrounding roadway network to serve the new trips generated as a result of the
proposed expansion. Attached Figure 3 was created to summarize the results of the
concurrency analysis on the adjacent roadway network.
Access to the subject site is proposed to be provided to l8th Place SW and Sunrise Road,
which are both classified as Local roadways. Turn lanes are not warranted on local
roadways pursuant to the Collier County Construction Standards Hundbook.
CONCLUSION
The proposed Evangelical Free Methodist Church expansion meets Collier County
Consistency and Concurrency requirements. The surrounding roadway network was
analyzed based on the 2018 Collier County Annual Update Inventory Report (AUIR)
and future 2021 buildout traffic conditions. As a result, sufficient capacity is indicated
along surrounding roadways in202I both with and without the proposed expansion.
Access to the subject site is proposed to be provided to 18th Place SW and Sunrise Road,
which are both classified as Local roadways. Turn lanes are not warranted on local
roadways pursuant to the Collier County Construction Standards Handbook.
Attachments
K:V019\09 Septernber\03 Evangelical Free Methodist Church CU & SDP\Sufficiency\l l-20-2019 TIS Memorandurn.doc
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Packet Pg. 537 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
METHODOLOGY MEETING NOTES
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Packet Pg. 538 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
APPENDIX A
INITIAL MEETING CHECKLIST
Suggestion: Use this Appendix as a worksheet to ensure that no important elements
are overlooked. Cross out the items that do not apply.
Location: via e-mail
People Attendins:
Name, Organization, and Telephone Numbers
l) Yurv Bykau. TR Transportation Consultants. Inc.. (239) 278-3090
2)Cecilia Varsa- Collier Countv Transoortation. (23 9) 252-2613
3) Michael Sawver. Collier County Transportation. (23'9) 252-2926
Study Preparer:
Preparer's Name and Title: Yury Bykau. Transportation Consultant
Or ganization : TR Tran sp ortati on C onsultant s, Inc.
Address & Telephone Number: (239\ 278-3090
2726 Oak Ridse Court. Suite 503
Fort Myers. FL 33901
Reviewer(s):
Reviewer's Name & Title: Cecilia Varsa. Site Plan Transportation
Collier County Transportation Planning Department
Reviewer's Name & Title: Michael Sawyer. Transportation
Co llier County Transportation Planning Department
Or ganizatron & Telephone Number: (239\ 252-2613. (239) 252-2926.
Applicant:
Applicant's Name: Davidson Enqineering. Inc.
Address: 4365 Radio Road. Suite 201 . Naples. FL 34104
Telephone Number: (.239) 434-6060
Proposed Development:
Name: Evaneelical Free Methodist Church
01 80003282
PL2OI 330 (SDP)
Location: 4631 Sunset Road
Land Use Type: Church
ITE Code #: Church LUC 560
Proposed number of development units:The nnnlicanf iq renrresfino cwnqnrl fhato
existing church by approximately 4.880 square feet to contain a total of 12.291 square
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Packet Pg. 539 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
feet of floor area. The existins church on si te consists of 7.411 souare feet of floor area
and 300 seats. The number of seats will remain unchanged. The expansion is only for the
new northem buildins which will contain the fellowship hall. office uses. etc. The
hall/office
demolishqd as part of the expansion.
Other: N A
Description: Church
Zoning:N/A
Existing: Existing Church contains approximately 7.41 I square feet of floor area and 300
seats.
Comprehensive plan recommendation: N/A
Requested: N/A
Findings of the Preliminary Study:
2 net new two-wa AM
See the attached tri n sene.ration Affached Tables 5 and 6 were also creafed to show
Sundav neak hour trin seneration on floor arca and number of seats
Studv Type:
Small Scale TIS Minor TIS tr
Maior TIS
Studv Area:
Boundaries:Green Boulevard (Link #27.0\ and Go lden Gate Parkwav (Link #22.0\ based
upon the Collier Countv 2%-2%-3% Sienificant Impact Criteria.
Additional intersections to be analyzed: None
Horizon Year(s): 2021
Analysis Time Period(s): AM & PM peak hours
Future Off-Site Developments: None
Source of Trip Generation Rates: ITE Trip Generation. 1Oth Edition
Reductions in Trip Generation Rates:
None:
Pass-by trips: None
Internal trips (PUD): None
Transmit use: r/a
Other: n/a
Horizon Year Roadwav Network Improvements:
None
Methodologv & Assumptions:
Non-site traffic estimates: 2018 AUIR
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Packet Pg. 540 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
Site-trip generation: ITE Trip Generation lOth Edition - LUC 560
Trip distribution method: By Hand - 20olo to/from the east of Sunshine Boulevard on
Golden Gate Parkwav 7Oo/" tolfrom west of Sunshine Boulevard on Golden Gate
Parkwav. 20o/n to/from the west of Boulevard on Green Boulevard. and l|Vn
tolfrom the east of Sunshine Boulevard on Green Boulevard. Remaining l5olo of project
traffic was assumed to originate from within the Golden Gate community.
Traffic assignment method: By Hand
Traffic growth rate: From comparison of the 2009 & 2018 AUIR's
Special Features: (from preliminary study or prior experience)
Accidents locations:
Sight distance: _
Queuing:
Access location & configuration
connection to Sunset Road. The existins to 17th Court SW and 18th Place SW
connection 1
will be closed.
Traffic control:
Signal system location & progression needs:
On-site parking needs:
Data Sources: ITE Trio Generation Report. 1Oth Edition
Base maps: _
Prior study reports: .
Access poii"i anO iurisdiction:
-
Review process:
Requirements: _
Miscellaneous:
SIGNATURES
Study Preparer
Reviewers
Applicant
3.F.c
Packet Pg. 541 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
Table I
Land Uses
Free Methodist Church
Table 2
Trip Generation- Existing Church
E Free Methodist Church
Table 3
Trip Generation - Proposed Church
Ev Free Methodist Church
Table 4
Trip Generation - Net New Trips (Table 2 vs Table 3)
Free Methodist Church
E
Land Use Size
Existing
Church
(LUC 560)
7,411 Sq. Ft.
(300 Seats)
Proposed
Church
(LUC s60)
12,291Sq. Ft.
(300 Seats)
WeekdayAM. PeakHour Weekday P.M. Peak HourLand Use In Out Total In Out TotaI
llaily
(2-way)
Existing Church
(7,411 Square Feet)1 1 2 J 4 7 63
Weekday.dM. PeakHour lVeekday PM. Peak HourLand Use In 0ut Total In Out Total
Daily
(2-way)
Proposed Church
(12,291Square Feet)2 2 4 4 4 8 93
Weekday AJVL PeakHour Weekday P.M. Peak HourLand Use In Out Total In 0ut Total
Daily
(2-way)
Proposed Church
(12,291Square Feet)
2 2 4 4 4 8 93
Existing Church
(7,41 I Square Feet)
1 1 1-L -J -4 -7 -63
Net New Trips +1 +1 +2 +1 0 +1 +30
3.F.c
Packet Pg. 542 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
Table 5
Sunday Trip Generation Based on Floor Area - Proposed Church
E Free Methodist Church
Table 6
Sunday Trip Generation Based on Number of Seats - Proposed Church
Free Methodist Church
Proposed Church
(12,291Square Feet)79 85 r64 340
Proposed Church
(300 Seats)
55 57 tt2 363
3.F.c
Packet Pg. 543 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
TABLES 1A,2A & 3A
3.F.c
Packet Pg. 544 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
TOTAL AM PEAK HOUR PROJECT TRAFFIC =TOTAL PM PEAK HOUR PROJEGT TMFFIC =2 VPH1 VPHlN=lN=TABLE 1ASIGNIFICANT IMPACT CALCULATIONSEVANGELICAL FREE METHODIST CHURCHOUT=OUT=SEGMENTNUMBER SEGMENT ROADWAYPER 2-2-3 l9l CLASS LOS STOr2 27.0 zLU 9002 27.O 4LD 90022.022.O1,8001,800PERCENT PROJECTTRAFFIC DISTRIBUTIONINBOUNDTRAFFICAM PROJECT TRAFFICNORTH/EAST SOUTH/WESTPM PROJECT TRAFFICNORTH/EAST SOUTH/WESTSIGNIFICANTINBOUND OUTBOUND DIRECTION VOLUME %LOSSTD VOLUME %LOSSTD VOLUME %LOSSTD VOLUME %LOSSTD ITVTPACT?ROADWAYGreen BlvdSEGMENTW. of Sunshine BlvdE. of Sunshine Blvd20!o150/o20o/o't5yoEASTWEST0.00%0.00o/o0.00%0.00%0-007"0.00%0.007"0.007o00000NONONONO0000Golden Gate Pkwy W. of Sunshine BlvdE. of Sunshine Blvd024LD4LD30%2Oo/"300/o20loEASTWEST0.06%0.007o0.060/o0.00%0.060/o0.000/o0.00o/o0.000/"1 The Level of Service Standard for each roadway link was obtained from the 2018 Coller County AUIR Report.NOTE Remaining 15% of proiect traffic was assumed to travel from within the Golden Gate community.3.F.cPacket Pg. 545Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free
TABLE 2ACONCURRENCY ANALYSISEVANGELICAL FREE METHODIST CHURCHTOTAL AM PEAK HOUR PROJECT TMFFIC =TOTAL PM PEAK HOUR PROJECT TRAFFIC =2 VPH1 VPHlN=lN=1 OUT= 11 OUT= 0AUIR AUIR AUIR 2021 2021 CAPACITY. WLLTHEREBEPROJ TRIPS IN 2018 2018 2018 CURRENT ANNUAL FUTURE PROJECTED AFTER SUFFICIENTROADWAY PK DIR OF ROADWAY TRAFFIC TRIP TOTAL REMAINING GROWTH BCKGRND REMAINING PROJECT CAPACITYpKDtR AM pM VOLUME BANK VOLUME CApACtTy RATE2 TRAFFTC CAPACTTY AM pM AVATLABLE?EAST 0 0 680 0 680 220 2.000k 722 178 178 178 yESEAST 0 0 680 0 680 220 2.000/o 722 178 178 178 yESROADWAYGreen BlvdGolden Gate PkwySEGMENTW. of Sunshine BlvdE. of Sunshine BlvdW. of Sunshine BlvdE. of Sunshine BlvdSEGMENT AUIRtD # LOS STDI27.0 90027.0 90022.022.01,8001,800EASTEAST1,6611,6611391392.00o/o2.00Yo1,7091,7091,6101,61051519190 90YESYES009191 91' The Level of Service Standard and Remaning Capacity for each roadway link was obtained from the 201 8 Coller County AUIR Report.' For roadways with negative or low growth rates, an annual growth rate of 2.0% was assumed.NOTE Remaining 15olo of project traffic was assumed to travel from within the Golden Gate community.3.F.cPacket Pg. 546Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free
TABLE 3A
ANNUAL GROWTH RATE CALCULATIONS
BASED UPON HISTORICAL AUIR DATA
ROADWAY
Green Blvd
SEGMENT
Santa Barbara Blvd to Collier Blvd
CURRENT
tD#
27.0
2009
AUIR
VOLUME
570
2018
AUIR
VOLUME
680
YRS OF
GROWTH
I
ANNUAL
GROWTH
RATE
2.000/0
ACTUAL
GROWTH
RATE
1.98o/o
Golden Gate Pkwy Santa Barbara Blvd to Collier Blvd 22.0 1,600 1 .610
- All traffic volumes were obtained from the 2009 & 2018 Annual Update lnventory Reports (AUIR)
* ln instances where the historical data indicates a reduction in traffic or insuflicient data was available to calculate
* A grolvth rate due to construction, a minimum annual grolvth rate of 2.0% was assumed.
SAMPLE GROWTH RATE CALCULATION
2O1g AUIR ^(11/rs of Growth)
Annual Growth Rate (AGR) =
2009 AUtR
^(1/9)
AGR (Green Blvd) =
AGR (Green Blvd) = 1.98%
I 2.00% 0.07%
-1
680
570
3.F.c
Packet Pg. 547 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
FIGURES 1 - 3
3.F.c
Packet Pg. 548 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
N.T.S.
PROJECT SITE
?
:;
14 l
\r, rr'
ifif:
l
enlr.t.
\,
-iL
a
t
I
I
l
{
''-'ir-rgid ,;
..}: '
4,ff i' .Yi\I
tr4ri.j
.*,1. _,_ ''
.tr-It'r,.'F !''*, '
,3,
It--r.-
PKw$
-.- --+ -
I
t
l-G.re
\
l
n
')
1r I.,'),i E i.: -,'.
t f t'sth'AVe€w
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54
h
'(U
. Lr--;ct
"Fr
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iY)
.y'rIi
;tr
.tl _l
i"
I
t!r
--.7
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r
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,a.|k
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;!
!l
-T
I
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-l
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s
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4
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i
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tt
TRAIISPORTATIOl{
CONSULTANTS, INC
PROJECT LOCATION MAP
EVANGELICAL FREE METHODIST CHURCH Figure 1VTR
3.F.c
Packet Pg. 549 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
=a
t
LrJF
IFro$
N.T.S
18TH PL. SW
+35%+
=U)
#a
IF(o$
<-40%+
[s1] e) 1
*
LEGEND
+ OOO WEEKDAY AM PEAK HOUR TRAFFIC
+(000) WEEKDAY PM PEAK HOUR TRAFFTC
<-[000] SUNDAY PEAK HOUR TRAFFIC
._--
o
cf)
SITE
t
I
I
l28l(1)1\
aN
Fs
F o
0 1
VTR Isttili,o^l.'*l'ft t EVAN GsJ IFJFf{E ffiSib"fr? [T,, *.,Figu re 2
3.F.c
Packet Pg. 550 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
N.T.S
GREEN BLVD.
178
(1 78)
[178]
o%
178
(178)
[178]
0%
I
'!
I
S ITE
o
J
d]
uJzIazla
GOLDEN GATE PKWY
91
(e1)
lell
o%
LEGEND
91
(e0)
[e0]
OOO 2021 CURRENT REMAINING CAPACITY
(000) 2021 REMA|N|NG CAPACTTY W AM PROJECT TRAFFTC
[000] 2021 REMATNTNG CAPACTTY W/ pM PROJECT TRAFFTC
O.O% PROJECT IMPACT PERCENTAGE0.06%
VTR lltti',,0^l,'*l'ft r EVA N,2,$il ilFil#.| flffrB"iq!|Iffi'-.,Figure 3
3.F.c
Packet Pg. 551 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
2OI8 AUIR REPORT
3.F.c
Packet Pg. 552 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
Coui.r CbuDrt 2016 AnDusl Udrt. Ntrd lottotol RrFn (AUIR) Brrtdoo Adopr.d LOS. Trip 8{!IrndTritfic CouDrr1016 20t7 2018 l0t" l0l-P(nlHoDr P(nt Pok P(il lrra jrlsPdk Dn Hour Hour Hour A.rurl P(r(nrElirl Ctrr. MiD Pql $ni.c Pr{kDir Pcif,Dn. P..IDi. Vdi{ton vrrir.ion:0t7lt(h2017lt7tltL'Ib TB20t1Vcr. B:018:0tatlthlolSt?rhv?th T82018r/7rh TB20laArnI:017LosTrip Trip TripTrip Trip Trjpll0)(oo5No,N:021:0:.1___:i!!_:0tl:023u20:J{ 6'!-87-lli 1""19 !",,x6 i,'!ri 1",.....;:;:F-Iq-!6 0!"80 n'"6r, loo7r) 0.ot] rr!rl r!!I l60173?tltal3JilllSll2lI Ir7N(il(t:r4,51070:l3e__--_-1____i1Jlt5!-lt?]1i?o:lr1t::)23:-_ I'l-------t;.;;t e6!,I 3 i7.,: ti",-t r:I 0:o,:5Nll'rtii(ll2rl{70I r?0llTrI 1i(le llliltll?rt220I l([l.l0rl,0l1.00(I 1(rl.i0r501501i5?n21_i\03i590_!L6l):U1t_i]l0l)llt2llIJS tl ( Irnxrnr 'li!rl)A(pod RoJdLr\insion RoJdsrnli ll,rhrrr hilildrrlvndqbilr ll(Jch lt!{d(tunsc lJl)Nnn l)nrc:nhdknrn Lpt Rordiirccr Il,ul.urd,it!.r noulcrJrd-itliLrAoslc!rJ.]illiu &'ulctild-olle ln'uLtJrd.rilhcr lhil.\sdpnolrlcc Rordpnnou.{ Roddpnndlil.c RaJd-rlc liilUnrd RorilcRr Ic<cR llcR 865(psRr5tsRrilsRo5l02irlla0l: Ir9rl IrilD:tl;Iirr99l 2.!04t60V,(03051tl-llt9nt25l6JI-:\__!_(i61t7\?10ttoll0lr:{4 (lli (r_l2lliooil (rVolurc Volm. Vnlunr. Tovoliln.MASTER An..hm.t F-2014 (071210),rhh3.F.cPacket Pg. 553Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free
TRIP GENERATION EQUATIONS
3.F.c
Packet Pg. 554 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
Church
560
Vehicle Trip Ends vs: 1000 Sq. Ft. GFA
On a: Weekday
Setting/Location:
Number of Studies:
1000 Sq. Ft. GFA:
Directional Distribution:
General Urban/Suburban
7
21
50% entedng, 50% exiting
Vehicle Trip Generation per 1000 Sq. Ft. GFA
Average Rate RangeofRates Strandard Deviation
6.95
Data Plot and Equation
3.01 -'t3.14 2.98
x
X
X
X
X
X = 1000 Sq. Ft. GFA
X study slte Fittod curva
Fittsd Curve Equatlon: T = 6.14(X) + 17.09
o€culo'cF
I
F
Averago Rats
R?= 0.67
r100
300
200
tw Trip Generalion Manual 10th Edition . Volume 2: Data . lnstitutional (Land Uses 500-5S9) t79
3.F.c
Packet Pg. 555 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
Ghurch
560
Vehiele Trip Ends vs:
On a:
Setting/Location:
Number of Studies:
1000 Sq. Ft. GFA:
Directional Distribution:
1000 Sq. Ft. GFA
Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 7 and 9 a.m.
General Urban/Suburban
8
34
60%40% exiting
Vehicle Trip Generation per 1000 Sq . Ft. GFA
Average Rate
0.33
Range of Rates
0.08 - 0.94
Data Plot and Equation
Stiandard Deviation
0.24
50
40
6:oculo'E
F
llF
30
'10
'l 200
X = 1000 Sq. Ft. GFA
X study site
Fitted Gurve Equation: T = 0.36{X) - 0.74
Fitted Curve Averags Rate
Ra= 0.79
180 Trip Generation Manual 1oth Edition . Volume 2: Data . lnstitutional (Land Uses 500-699)ltt3=
3.F.c
Packet Pg. 556 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
Church
(560)
Vehicle Trip Ends vs:
On a:
Setting/Location:
Number of Studies:
1000 Sq. Ft. GFA:
Directional Distribution:
Vehicle Trip Generation per 1000 Sq Ft. GFA
Average Rate
0.49
Data Plot and Equation
1000 Sq. Ft. GFA
Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 4 and 6 p.m.
General Urban/Suburban
13
32
45% entering, 55% exiting
Range of Rates Standard Deviation
0.14 - 2.10 0.40
50
40
a
c
I,IJ
o.
F.
l
F
20
10
50 100
X = 1000 Sq. Ft. GFA
Fitted Gurve
150
X study site Avsrage Rate
R4 0.65Fifted Curve Equation: T = 0.37(X) + 3.90
X
X
X
,X
,' )X
XX
I!?--Trip Generation Manual 10th Edition . Volume 2: Data . Institutional (Land Uses 500-599) 181
3.F.c
Packet Pg. 557 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
Church
(560)
Vehicle Trip Ends vs:
On a:
1000 Sq. Ft. GFA
Sunday
SettinglLocation:
Number of Studies:
1000 Sq. Ft. GFA:
Directional Distribution:
Vehicle Trip Generation per 1000 Sq.Ft. GFA
Average Rate
27.63
Range of Rates
General Urban/Suburban
6
23
50% enteri ng, 50% exiting
Standard Deviation
12.51 - 77.86 19.39
Data Plot and Equation
x
X
X
X,
X
X
20
X - 1000 Sq. Ft. GFA
1,200
1,000
800
600
400
200
X study sire
Fifted Gurve Equation: Not Given
o:oc
UJ
o.'E
F
IF
10 30 40 50
Average Rate
Re= rffi
186 Trip Generation Manual 10th Edition . Volume 2: Data . lnstitutional (Land Uses 500-599)aa-||13--
3.F.c
Packet Pg. 558 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
Church
(560)
Vehicle Trip Ends vs:
On a:
1000 Sq. Ft. GFA
Sunday, Peak Hour of Generator
Setting/Location:
Number of Studies:
'1000 Sq. Ft. GFA:
Directional Distribution:
General Urban/Suburban
18
35
48% entering, 52% exiting
Vehicle Trip Generation per 1000 Sq. Ft. GFA
Average Rate Range of Rates
9.99
Data Plot and Equation
Standard Deviation
2.05 - 5't.31 7.77
X
X
X
x X
XX
XX
1,500
6€c
I,JJ
'cF
ll
F
1,000
500
50 100
X = 1000 Sq. Ft. GFA
Fitted Curvs
't 50 200
X study site AvErage Rate
R4 0.58Fittod Curye Equation: T = 8.18(X) + 63.81
l(3--Trip Generalion Manual 10th Ediuon . Volume 2: Data . lnstitutional (Land Uses 500-599) 187
3.F.c
Packet Pg. 559 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
Church
(560)
Vehicle Trip Ends vs:
On a:
Seats
Sunday
General UrbanlSuburban
3
747
50% entering, 50%exiting
Setting/Location:
Number of Studies:
Avg. Num. of Seats:
Directional Distribution:
Vehicle Trip Generation per Seat
Average Rate
1.21
Range of Rates
0.30 - 2.21
Standard Deviation
1_63
Caution - Small Sarnple SrzeData Plot and Equation
2,000
aEcul
'cF
lt
F
1,500
1,000
X = Number of Seats
X Study site
Fitted Gurve Equation: Not Given
Average Rate
R.= rffi
198 Trip Generation Manual 10th Edition . Vdume 2: Data . lnstitutional (Land Uses 500-599)aa-1l3=
3.F.c
Packet Pg. 560 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
Church
(560 )
Vehicle Trip Ends vs:
On a:
Seats
Sunday, Peak Hour of Generator
Setting/Location:
Number of Studies:
Avg. Num. of Seats:
Direclional Distribution:
General Urban/Suburban
17
853
49% entering, 51% exiting
Vehicle Trip Generation per Seat
Average Rate
0.54
Range of Rates
0.05 - 1.14
Standard Deviation
0.28
Data Plot and Equation
2,000
1,500
oEc
tr.l
o.
F-
ll
F 1,000
500
500 1,000 1,500
X = Number of Seats
Fitted Curve
2,000 2,500
X study site
Fitted Curve Equation: T = 0.63(X) - 76.74
Averags Rate
R'= 0.73
..'x
X
X X
X
X X
X.Xx.
ItlS--Trip Generation Manual 10th Edition . Volume 2: Data . lnstitutional (Land Uses 500-599) 199
3.F.c
Packet Pg. 561 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
Evangelical Free Methodist Church
CU PL#20180003282
August 23, 2019
1 of 3
SUPPLEMENTAL ENVIRONMENTAL NARRATIVE
ATTACHMENT “C”
Per Collier County Land Development Code, Section 3.05.07.B.2, preserve exception can be made when
the parcel was legally cleared of any native vegetation prior to January 1989 and remained cleared of such
native vegetation. See historic aerial maps below indicating that the property has been completely cleared
since at least 1973.
3.F.c
Packet Pg. 562 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
Evangelical Free Methodist Church
CU PL#20180003282
August 23, 2019
2 of 3
(2018)
3.F.c
Packet Pg. 563 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
5/08/2018 Page 5 of 12
STATEMENT OF UTILITY PROVISIONS
FOR CONDITIONAL USE REQUEST
APPLICANT INFORMATION
Name of Applicant(s): ___________________________________________________________
Address: ______________________________City: ___________ State: ________ ZIP: _______
Telephone: ____________________ Cell: _____________________ Fax: __________________
E-Mail Address: ________________________________________________________________
Address of Subject Property (If available): ___________________________________________
City: ________________ State: __________ ZIP: ___________
LEGAL DESCRIPTION
Section/Township/Range: / /
Lot: Block: Subdivision: _______________________________________________
Plat Book: Page #: Property I.D. Number: _________________________________
Metes & Bounds Description: _____________________________________________________
TYPE OF SEWAGE DISPOSAL TO BE PROVIDED
Check applicable system:
a. County Utility System
b. City Utility System
c. Franchised Utility System Provide Name: ____________________
d. Package Treatment Plant (GPD Capacity): ___________________
e. Septic System
TYPE OF WATER SERVICE TO BE PROVIDED
a. County Utility System
b. City Utility System
c. Franchised Utility System PROVIDE NAME_______________
d. Private System (Well)
Total Population to be served: ____________________________________________________
Peak and Average Daily Demands:
A. Water-Peak: _______ Average Daily: ________
B. Sewer-Peak: _______ Average Daily: ________
Evangelical Free Methodist Church
4631 Sunset Road Naples FL 34116
avril25@hotmail.com
4631 Sunset Road
Naples FL 34116
22 49 26
all 37 Golden Gate Unit 2
572 35760200005
see attached survey with legal description
X
Golden Gate Wastewater Treatment Facility
1,500,000
X
South County Regional Water Treatment Plant
300 Seat Church
1,701 1,260
1,215 900
3.F.c
Packet Pg. 564 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
5/08/2018 Page 6 of 12
If proposing to be connected to Collier County Regional Water System, please provide the
date service is expected to be required: ____________________________________________
Narrative statement: Provide a brief and concise narrative statement and schematic drawing of
sewage treatment process to be used as well as a specific statement regarding the method of
affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil
involved shall be provided from tests prepared and certified by a professional engineer.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
County Utility Dedication Statement: If the project is located within the service boundaries of
Collier County’s utility service system, a notarized statement shall be provided agreeing to
dedicate the water distribution and sewage collection facilities within the project area to the
Collier County Utilities. This shall occur upon completion of the construction of these facilities in
accordance with all applicable County ordinances in effect at that time. This statement shall also
include an agreement that the applicable system development charges and connection fees will
be paid to the County Utilities Division prior to the issuance of building permits by the County. If
applicable, the statement shall contain an agreement to dedicate the appropriate utility
easements for serving the water and sewer systems.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Statement of Availability Capacity from other Providers: Unless waived or otherwise provided
for at the pre-application meeting, if the project is to receive sewer or potable water services from
any provider other than the County, a statement from that provider indicating adequate capacity
to serve the project shall be provided.
1/1/2021
See LOS
Acknowledged
3.F.c
Packet Pg. 565 Attachment: Attachment B - APPLICANT BACKUP MATERIALS (13286 : PL20180003282 Evangelical Free Methodist Church CU)
Evangelical Free Methodist Church
CU – PL20180003282
August 27, 2019 1 www.davidsonengineering.com
PUBLIC FACILITIES LEVEL OF SERVICE (LOS) ANALYSIS
ATTACHMENT “E”
Evangelical Free Methodist Church (EFMC) is an existing ±4.4-acre church site located at 4631 Sunset Road
Naples, FL. The existing church buildings were damaged by Hurricane Irma in 2017 and are in need of
repairs/demolition. The project proposes the demolition of the existing north building and replacing it
with a new fellowship hall. The existing south building will remain as is with interior/exterior repair work.
There is no proposed increase in the existing church congregation. A level of service analysis between the
existing site use and the proposed use has been provided herein.
Summary for Existing Use:
Church 300 Members
Summary for Proposed Use:
Church 300 Members
The Capital Improvement Element of the Growth Management Plan establishes Levels of Service for the
following:
Arterial and Collector Roads
Surface Water Management Systems
Potable Water Systems
Sanitary Sewer Systems
Solid Waste Disposal Facilities
Parks and Recreation Facilities
Public School Facilities
Each of the areas will be examined for the development in this summary report.
Arterial and Collector Roads
See included Traffic Impact Statement for Level of Service. The level of service is not significantly or
adversely impacted by the proposed build-out.
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Surface Water Management Systems
The water management system will be designed to accommodate the proposed project build-out. During
the time of any development order permitting, the site’s storm water management system will be
designed in accordance with LDC section 6.05.01.
Potable Water and Sanitary Sewer Systems
Potable water for the site will continue to be provided by Collier County Utilities. Water service is provided
via an existing water service line. During the time of SDP permitting it will be determined whether upsizing
this water service line is necessary to account for additional potable water demand. Water for fire
protection will be provided via the existing 6” or 8” water main located within the surrounding Right of
Way. Irrigation will continue to be provided by an existing private well. Wastewater service is existing and
will continue to be provided by Collier County Utilities via an existing sanitary lateral connection on the
west side of the property. Please see the included Collier County wastewater flow worksheet and
Statement of Utility Provisions for proposed potable water and wastewater demands.
Solid Waste Disposal Facilities
According to the Collier County 2018 AUIR, currently there is an existing landfill capacity of 18,710,256
tons, and a ten-year landfill capacity requirement of 2,916,440 tons. The estimated life of the landfill is 51
years. The existing landfill capacity is adequate to accommodate the additional tons per capita generated
by the proposed project. The level of service is not significantly or adversely impacted by the proposed
build-out.
Parks and Recreation Facilities
The proposed project will have no measurable impact on Parks and Recreation Facilities. The level of
service is not significantly or adversely impacted by the proposed change in use.
Public School Facilities
The proposed project will not create a negative impact on Public School Facilities. The uses will not impact
school attendance. The level of service is not significantly or adversely impacted by the proposed change
in use.
Fire and EMS Facilities
The subject site is located within the Greater Naples Fire Rescue District. The nearest fire/EMS station
(station No. 70) is located at 4741 Golden Gate Parkway, approximately 1 mile away from the subject site.
The level of service for fire and EMS facilities is not significantly or adversely impacted by the proposed
build-out.
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PROJECT:
NOTES:
EXHIBIT DESC:
PLANN ING DEPT4365 RADIO ROA DSUITE 201NAPLES, FL 34104P: 239-434-6060 F: 239-434-6084
CLIENT:
LOCATION:
SUNSET RD 45THST SW45TH TER SW18TH P L SW
46TH TER SW19TH CT SW 17TH CT SW19TH PL SW 18TH PL SW45TH ST SW46TH ST SW46TH ST SW17TH P L SW
45TH ST SW17TH AVE SW46TH TER SW19TH PL SW 18TH AVE SW¯I 75
GR EEN B LVD
COLLIER BLVDR A D I O R DI 75I 750 400200Feet021Miles
Z:\Active Projects\E\EVAN GELIC AL FREE METHO DIST\GIS\2019-02-13 EFM C U ZO NING MAP.mxd
Date Saved: 2/13/2019
EVANGELICAL FREE METHODIST CHURCH, INC.SURROUNDING ZONING DISTRICTSEVANGELICAL FREE MET HODIST CHURCH
4631 Sunset Ro adCollier Coun ty
ZONING: RESIDENTIAL SIN GLE FAMILY (RSF-3)
ZONING: RESIDENTIAL MULTI-FAMILY (RMF-12)
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PROJECT:
NOTES:
EXHIBIT DESC:
PLANN ING DEPT4365 RADIO ROA DSUITE 201NAPLES, FL 34104P: 239-434-6060 F: 239-434-6084
CLIENT:
LOCATION:
SUNSET RD 45THST SW45TH TER SW18TH P L SW
46TH TER SW19TH CT SW 17TH CT SW19TH PL SW 18TH PL SW45TH ST SW46TH ST SW46TH ST SW17TH P L SW
45TH ST SW17TH AVE SW46TH TER SW19TH PL SW 18TH AVE SW¯I 75
GR EEN B LVD
COLLIER BLVDR A D I O R DI 75I 750 400200Feet021Miles
Z:\Active Projects\E\EVAN GELIC AL FREE METHO DIST\GIS\2019-02-13 EFM C U FLU M AP.m xd
Date Saved: 2/13/2019
EVANGELICAL FREE METHODIST CHURCH, INC.SURROUNDING FUTURE LAND USE DISTRICTSEVANGELICAL FREE MET HODIST CHURCH
4631 Sunset Ro adCollier Coun ty
FUTUR E LAND USE: URBA N RESIDENTIAL
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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
- - - - - - - - - - - - - - -- -- - - - - - - --- - - - - --
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
:
SIGNATURE OF APPLICANT OR AGENT STREET OR P.O. BOX
NAME (TYPED OR PRINTED) CITY, STATE ZIP
#
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was sworn to and subscribed before me this day of , 20 , by
as identification , personally known to me or who
produced and who did/did not take an oath.
Signature of Notary Public
Printed Name of Notary Public
My Commission Expires:
(Stamp with serial number)
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.
Jessica Harrelson, AICP
4365 Radio Road, Suite 201
Naples, FL 34104
6th August 20
Jessica Harrelson
Tocia Hamlin-Rosa
Jessica Harrelson, AICP
CU- PL20180003282
Evangelical Free Methodist Church
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