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HEX Agenda 04/14/2022Collier County Hearing Examiner Page 1 Printed 4/7/2022 COLLIER COUNTY Collier County Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 April 14, 2022 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 Thomas.Clarke@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. April 2022 Collier County Hearing Examiner Page 2 Printed 4/7/2022 1. Pledge of Allegiance 2. Review of Agenda 3. Advertised Public Hearing A. Petition No. VA-PL20210002556 – Request to allow a swimming pool that was built closer to the property line than code allows in Naples Park; also described as an after-the-fact variance from LDC section 4.02.01.A, Table 2.1, to reduce the required front yard setback from 25 feet to 18.6 feet on the west side along 7th Avenue North to allow an accessory swimming pool to meet the front setback requirement of LDC section 4.02.03.D, for a ±0.22 acre property located at 702 107th Avenue North, also known as Lot 26, Block 12, Naples Park Unit No. 1, in Township 48 South, Range 25 East, Section 28 of unincorporated Collier County, Florida. [Coordinator Eric Ortman, Principal Planner] Commissioner District 2 B. Petition No. BDE-PL20210001685 - Request for a 17-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width to allow a boat docking facility that will protrude a total of 37 feet into a waterway that is 1,311± feet wide, pursuant to Section 5.03.06 of the Land Development Code, for the benefit of property located at 109 Pago Pago Drive West, also described as Lot 217, Isles of Capri No. 2, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 1 C. Petition No. VA-PL20200001985 - Request for 8.5-foot variance from the required side yard setback of 15 feet as provided for in Land Development Code Section 5.03.06.E.5 for dock facilities on lots with water frontage of 60 feet or greater. The request is to allow a dock facility at 6.5 feet from the west side property/riparian line located at 199 Eveningstar Cay, further described as Lots 3 and 4, Eveningstar Cay at Port of the Islands, in Section 9, Township 52 South, Range 28 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 1 D. Petition No. DR-PL20210002480 - A request for approval of a site plan with deviations from LDC 4.02.16.B Table 7 to reduce the eastern minimum side yard from ten feet to zero feet and from LDC 4.02.16.E.2.a.ii to reduce the required shared landscape buffer from ten feet to five feet and reduce the property’s minimum landscape buffer contribution from five feet to zero feet, for the redevelopment of Naples Classic Car, located at Lots 49-53, Block A, Rock Creek Park, also known as 3066 Terrace Ave in Section 2, Township 50 South, Range 25 East, Collier County, Florida [Coordinator: Gabriela Castro, Principal Planner] Commission District 4 E. Petition No. PCUD-PL20210003067 - Request for a comparable use determination that golf cart sales is comparable, compatible, and consistent with the list of permitted uses in section 5.03 of the Pine Air Lakes Commercial Planned Unit Development, Ord. No. 07-32, as amended, located at Tract 2, Naples Center Village, also known as 5947 Naples Blvd in Section 11, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: Gabriela Castro, Principal Planner] Commission District 2 April 2022 Collier County Hearing Examiner Page 3 Printed 4/7/2022 F. Petition No. PDI-PL20210002729 - Request for an insubstantial change to modify Section 12.4, Active Community Recreation Area, Lely Barefoot Beach Planned Unit Development (PUD), Ord. No. 85-83, as amended, to change the maximum building height from two habitable floors to 39.25-feet-zoned and 57.08-feet-actual. The subject PUD Tract is ± 6.25 acres located at 105 Shell Dr in Section 7, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Gabriela Castro, Principal Planner] Commission District 2 4. Other Business 5. Public Comments 6. Adjourn 04/14/2022 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.A Item Summary: Petition No. VA-PL20210002556 – Request to allow a swimming pool that was built closer to the property line than code allows in Naples Park; also described as an after-the-fact variance from LDC section 4.02.01.A, Table 2.1, to reduce the required front yard setback from 25 feet to 18.6 feet on the west side along 7th Avenue North to allow an accessory swimming pool to meet the front setback requirement of LDC section 4.02.03.D, for a ±0.22 acre property located at 702 107th Avenue North, also known as Lot 26, Block 12, Naples Park Unit No. 1, in Township 48 South, Range 25 East, Section 28 of unincorporated Collier County, Florida. [Coordinator Eric Ortman, Principal Planner] Commissioner District 2 Meeting Date: 04/14/2022 Prepared by: Title: Principal Planner – Zoning Name: Eric Ortman 03/21/2022 8:59 AM Submitted by: Title: – Zoning Name: Mike Bosi 03/21/2022 8:59 AM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 03/21/2022 9:22 AM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 03/22/2022 1:26 PM Zoning Ray Bellows Review Item Completed 03/22/2022 1:54 PM Zoning Eric Ortman Review Item Skipped 03/21/2022 9:02 AM Zoning Mike Bosi Zoning Director Review Completed 03/22/2022 2:00 PM Hearing Examiner Andrew Dickman Meeting Pending 04/14/2022 9:00 AM 3.A Packet Pg. 4 VA-PL20210002556 (702 107th Ave N) - 1 - STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION – ZONING SECTION HEARING DATE: APRIL 14, 2022 SUBJECT: VA-PL-20210002556, 702 107th AVENUE NORTH, POOL ______________________________________________________________________________ PROPERTY OWNER/AGENT: Owner/ Applicant: Agent: Naples Florida Vacation Rentals INC. John Harold Molly and David Rolwes FLA Surveys, Inc. 279 Heron Ave 3627 Progress Ave Naples, FL 3410 Naples, FL 34104 REQUESTED ACTION: The agent requests a variance from Section 4.02.01.A, Table 2.1 of the Collier County Land Development Code (LDC) to reduce the minimum front yard setback from 25 feet to 18.6 feet in the front yard facing 7th Street for a pool in a RMF-6 zoning district. This variance petition will correct an error on the part of County in listing the incorrect setbacks on the building permit. The subject property is ±0.22 acres located in the southeast quadrant of the intersection of 107th Ave and 7th Street North in Naples Park. GEOGRAPHIC LOCATION: The subject property is at 702 107th Avenue North in Naples Park on the southeast corner of the 107th Ave North and 7th Street North intersection. The subject property (folio #62422200002) is identified as Naples Park Unit 1 Block 12 Lot 26 in Section 28, Township 48 South, Range 25 East consisting of ±0.22 acres in unincorporated Collier County, Florida (See location map on page 2). 3.A.a Packet Pg. 5 Attachment: Staff Report Variance 702 107th Ave N PL20210002556 (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) VA-PL20210002556 (702 107th Ave N) - 2 - 3.A.aPacket Pg. 6Attachment: Staff Report Variance 702 107th Ave N PL20210002556 (21741 : PL20210002556 Pool VA-PL20210002556 (702 107th Ave N) - 3 - PURPOSE/DESCRIPTION OF PROJECT: A building permit (PRBD20210628472) (Attachment 1) to construct a new pool on the subject property was reviewed and approved by Collier County on July 22, 2021. The permit lists the setbacks for accessory structures as: 25 feet front yard, 7.5 feet side yard, and 10 feet rear yard. These setbacks are for interior lots, the subject lot is, however, a corner lot and therefore has front yards along each street frontage with the other yards being considered side yards. The correct setbacks on the permit should have been 25 feet for both front yards and 7.5 for both side yards (LDC 4.02.03.D and 4.02.01.A, Table 2.). Review of an August 10, 2021, spot survey (Attachment 2), done when the pool shell and spa shell were completed, revealed the encroachment. Further review revealed that the contractor had adhered to the setbacks as listed on the permit. A note entered into CityView by Jonathan Walsh, Chief Building Official notes that, “After further review of zoning concerns it was determined that the original permit approval was issued in error as the front setbacks were not noted/confirmed. Spot survey provided indicated error. A staff supported variance is underway and the contractor and owner have provided a letter of acceptance at their own risk to move forward with construction while variance is processed”. The spot survey revealed that the pool shell and spa were 18.6 feet from the west property line facing 7th Street (front yard) which is an encroachment of 6.4 feet or 21.3 percent (21.3%) as shown below. A hold was put on the spot survey when the encroachment was discovered. The spot survey hold was resolved on September 7, 2021, when Kenny Slusser of Slusser Services, LLC, the contractor, signed a letter to allow him to continue construction at his own risk (Attachment 3). The pool has since been finished; final inspection is pending consideration of this variance SURROUNDING LAND USE & ZONING: North: Single-/multi-family residences in Naples Park, RMF-6 zoning district. East: Single-/multi-family residences in Naples Park, RMF-6 zoning district. South: Single-/multi-family residences in Naples Park, RMF-6 zoning district. West: Single-/multi-family residences in Naples Park, RMF-6 zoning district. (See map on next page.) Required front setback is 25-ft or 300-inches [25*12=300]. Encroachment is 6.4 feet [25–18.6=6.4] 6.4 feet is 76.8 inches [72+(12*0.4) = 76.8] Percent % of Encroachment is 0.213 or 21.30% [76.8/300=0.213] 3.A.a Packet Pg. 7 Attachment: Staff Report Variance 702 107th Ave N PL20210002556 (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) VA-PL20210002556 (702 107th Ave N) - 4 - 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) of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). This land use category is designed to accommodate residential uses including single family, multi-family, duplexes, and mobile homes. The applicant seeks a setback variance for a pool which is a permitted accessory use in the RMF-6 District. The Growth Management Plan (GMP) focuses on the actual uses of land and does not address individual variance requests related to land use, therefore, staff concludes that the proposed use is consistent with the Future Land Use Element. STAFF ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.03. Staff has analyzed this petition relative to these criteria and offers the following responses: a. Are there special conditions and circumstances existing which are peculiar to the location, size, and characteristics of the land, structure or building involved? Yes, Building Permit No. PRBD20210628472 was issued by Collier County on July 22, 2021. The permit was issued with setbacks based on an interior lot with a front, back and two side yards. However, the subject property is a corner lot with two front yards and two side Site Location 3.A.a Packet Pg. 8 Attachment: Staff Report Variance 702 107th Ave N PL20210002556 (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) VA-PL20210002556 (702 107th Ave N) - 5 - yards. The pool is being constructed based on the 7.5-foot side yard setback listed in the permit when the correct yard requirement should have been 25 feet for a front yard. 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 sole issue is that the pool is being constructed into the setback by 6.4 feet. The reason for construction occurring in the setback is that the contractor followed the setbacks as listed in the approved building permit. The encroachment was not discovered until review of a spot survey after the pool shell and spa were built. Subsequently, the contractor signed off on accepting responsibility for continuing work simultaneously with the staff supported variance petition process. Construction of the pool has been completed. The final inspection is pending the outcome of the variance petition. c. Will a literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes, construction commenced upon issuance of Building Permit PRBD20210628472 on July 23, 2021. Significant time and resources were invested into the construction of the pool shell and spa. A literal interpretation of the LDC would require the applicant to demolish the pool shell and spa and restart construction from the beginning. 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, is the minimum required to accommodate the pool and meet all setback requirements. The pool was approved and constructed 18.6 feet from the western property line. Granting of the requested variance will have no adverse impact to public health, safety, and welfare. e. Will granting the variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? LDC § 9.04.02 allows relief through the variance process for any dimensional development standard. By definition, a variance bestows dimensional relief from the land development code regulations specific to a site. Other properties facing a similar hardship would be entitled to make a similar request and would be conferred equal consideration on a case-by- case basis. However, there should be no assumption that a variance of similar magnitude would be granted if another building permit contains the correct setbacks. f. Will granting the Variance be in harmony with the general intent and purpose of the Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? 3.A.a Packet Pg. 9 Attachment: Staff Report Variance 702 107th Ave N PL20210002556 (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) VA-PL20210002556 (702 107th Ave N) - 6 - Yes, granting of the variance will be in harmony with the general intent and purpose of the Land Development Code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No natural or physically induced conditions have been observed that will serve to ameliorate the goals and objectives of the LDC. h. Will granting the variance be consistent with the GMP? The Growth Management Plan (GMP) does not address individual variance requests related to dimensions. Approval of this variance will not affect or change the requirements of the GMP with respect to density, intensity, compatibility, access/connectivity, or other applicable land use provisions with the exception of permitting an encroachment of an accessory structure into the front yard facing 7th Street. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC does not normally hear variance petitions. Since the subject variance doesn’t impact any preserve area, the EAC did not hear this petition. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve variance petition VA-PL-20210002556, to reduce the minimum front yard setback on the west side of the home facing 7th Street from 25 feet to 18.6 feet for the construction of a pool at 702 107th Avenue North. Attachments: 1. Building Permit 2. Spot Survey 3. Resolution of Spot Survey 4. Applicant’s Application and Backup Materials 3.A.a Packet Pg. 10 Attachment: Staff Report Variance 702 107th Ave N PL20210002556 (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT #: PRBD2021062847201 PERMIT TYPE: PL ISSUED: 07-23-21 BY: APPLIED DATE: 06-14-21 APPROVAL DATE: 07-22-21 MASTER #: COA: JOB ADDRESS: 702 107th AVE N, Single Family, Naples JOB DESCRIPTION: Construct Pool Approx 330 Sq Ft - Pump is Pentair Whisperflow 1.5. hp - LED "No Wet Niche" - Deck is to be Poured Concrete with Sand Set Travertine Pavers - Door Alarms and Fence by Other 702 107th AVE N, Building, Naples JOB PHONE: SUBDIVISION #: BLOCK: LOT: FLOOD MAP: ZONE: ELEVATION: FOLIO #: 62422200002 SECTION-TOWNSHIP-RANGE: 28-48-25 OWNER INFORMATION:CONTRACTOR INFORMATION: ROLWES, MOLLY & DAVID 279 HERON AVE NAPLES, FL 34108 SLUSSER SERVICES LLC 3627 PROGRESS AVE NAPLES, FL 34104 CERTIFICATE #:: C34937 PHONE: FCC CODE: CONSTRUCTION CODE: 0221 JOB VALUE: $83,600.00 TOTAL RES SQFT: 0 TOTAL COMM SQFT: 0 SETBACKS FRONT: 25'REAR: 10' ACC LEFT: 7.5'RIGHT: 7.5' SEWER: WATER: CONTACT NAME: CONTACT PHONE: Per Collier County Ordinance No. 2002-01, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional stipulations or conditions of this permit. This permit expires if work authorized by the permit is not commenced within six (6) months from the date of issuance of the permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 344-5600. In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 3.A.b Packet Pg. 11 Attachment: Attachment 1 - Building Permt (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.cPacket Pg. 12Attachment: Attachment 2 - Spot Survey (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) PL20210002556 - 702 107TH AVE N (VA) – Detailed Exhibit 3.A.c Packet Pg. 13 Attachment: Attachment 2 - Spot Survey (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION / BUILDING REVIEW & INSPECTION DIVISION 2800 N. Horseshoe Drive, Naples FL 34104 * Phone (239) 252-2428 Outstanding Corrections Date: June 29, 2021 PERMIT NO: PRBD2021062847201 Contact Name: Kenneth D Slusser APPLICATION NO: PRBD20210628472 Address: 3627 Progress Ave., A City, State Zip: Naples, FL 34104 JOB SITE ADDRESS: 702 107th AVE N, Single Family, Naples Email:slussernaples@gmail.com Dear Applicant: Plans submitted with the referenced permit have been reviewed.We are unable to approve your permit application for the reason(s) indicated below. Corrections will need to be submitted through the GMD Portal at http://cvportal.colliergov.net/CityViewWeb. You will need to click on the "Submittals"button near the bottom of the page to upload to each submittal requirement.Once the documents are completely uploaded you must click the 'OK' button each time. For Applications Submitted through the GMD E-Permitting Portal: ·Resubmittals must be submitted in the same session and the changes must be clouded. ·Corrected documents must be submitted as complete files (with the corrected sheets replacing the rejected sheets). Submittals containing just the corrected sheets will be returned as Insufficient. ·A written letter of response summarizing the changes made to address each correction comment must be included in your resubmittal. Failure to include a written letter of response could result in a rejection. ·After your resubmittal is processed the documents will be reviewed again; additional deficiencies may be identified through this process. JOB DESCRIPTION: Construct Pool Approx 330 Sq Ft - Pump is Pentair Whisperflow 1.5. hp - LED "No Wet Niche" - Deck is to be Poured Concrete with Sand Set Travertine Pavers - Door Alarms and Fence by Other 702 107th AVE N, Building, Naples Rejected Review: Zoning Review Reviewed By: Emily Bishop Phone:239-252-2907 Email:Emily.Bishop@colliercountyfl.gov Correction Comment 1: Proposed improvements do not meet required setbacks. Please revise to meet required setback requirement for this district. Rejected Review: Engineering Review Reviewed By: Christian Mumme Phone:239-252-1301 Email:Christian.Mumme@colliercountyfl.gov Correction Comment 1: - Pending outcome of Zoning Review MummeChristian 06/28/2021 2:36 PM Correction Comment 2: - According to the information provided the total impervious area is 48.4%, please show if property has its own stormwater management system by providing SFWMD permit number. If it does not have its own stormwater management system then since you are above the threshold of 40% impervious area, a Type II stormwater plan signed and sealed by a registered professional engineer is required for the excess impervious area. Please note that per LDC Section 6.05.03, pools are considered impervious area. 3.A.c Packet Pg. 14 Attachment: Attachment 2 - Spot Survey (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) Please see link below for a guide for stormwater requirements. http://www.colliercountyfl.gov/home/showdocument?id=72831 MummeChristian 06/28/2021 2:43 PM ATTENTION: Collier County Plan Review and Inspections routinely reviews all outstanding permit applications in order to determine their status. The review process includes appropriate responses from the permit applicant when the permit cannot be approved. When the applicant is advised of deficiencies and does not respond within 180 days with corrected plans or an appeal to the Code Enforcement Board, the permit application will become Void as per Collier County Ordinance 2002-01, Section, 104.5.1.1 to 104.5.1.4 (as amended). 3.A.c Packet Pg. 15 Attachment: Attachment 2 - Spot Survey (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.d Packet Pg. 16 Attachment: Attachment 3 - Resolution of Spot Survey Hold (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.e Packet Pg. 17 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.e Packet Pg. 18 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.e Packet Pg. 19 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.e Packet Pg. 20 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.e Packet Pg. 21 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.e Packet Pg. 22 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) Collier County Proper ty AppraiserProperty Aerial Parcel No 62422200002 SiteAddress*Disclaimer 702 107THAVE N Site City NAPLES Site Zone*Note 34108 Open GIS in a New Window with More Features. 3.A.e Packet Pg. 23 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) PROJECT NARRATIVE SUBMITTED BY: JOHN HAROLD(ENGINEER)-FLA SURVEYS REVISION DATE: 02-11-2022 REQUESTING A VARIANCE FROM LDC SECTION 4.02.03.D TO REDUCE THE FRONT YARD SETBACK FROM 25 FEET TO 18.6 FEET FOR AN ACCESSORY SWIMMING POOL. SLUSSER SERVICES ORIGINALLY SUBMITTED THE SITE PLAN FOR THE POOL, SPA & DECK TO COLLIER COUNTY AND THE PERMIT WAS ACCEPTED (PRBD20210628472). SLUSSER SERVICES BEGAN CONSTRUCTION AND COMPLETED THE POOL AND SPA SHELL. ONCE THE SPOT SURVEY WAS SUBMITTED TO COLLIER COUNTY, THE ZONING OFFICIAL NOTICED THAT THE LOT WAS A CORNER LOT AND IT HAD INCORRECT SETBACKS, THEREFORE THE ZONING OFFICIAL REQUIRED A VARIANCE FOR THE POOL/SPA. THE SETBACKS ON THE PERMIT WERE FOR AN INTERIOR LOT(25 FRONT, 7.5 SIDE, 10 REAR) BUT THE SUBJECT PARCEL IS A CORNER LOT (25 FRONT, 7.5 SIDE). WESTERN SETBACK IS 25' FEET, THEREFORE THE POOL IS A TOTAL OF 6.4' INTO THE SETBACK. 4.02.03.D IS WHAT VARIANCE IS SEEKING RELIEF FROM. 3.A.e Packet Pg. 24 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT #: PRBD2021062847201 PERMIT TYPE: PL ISSUED: 07-23-21 BY: APPLIED DATE: 06-14-21 APPROVAL DATE: 07-22-21 MASTER #: COA: JOB ADDRESS: 702 107th AVE N, Single Family, Naples JOB DESCRIPTION: Construct Pool Approx 330 Sq Ft - Pump is Pentair Whisperflow 1.5. hp - LED "No Wet Niche" - Deck is to be Poured Concrete with Sand Set Travertine Pavers - Door Alarms and Fence by Other 702 107th AVE N, Building, Naples JOB PHONE: SUBDIVISION #: BLOCK: LOT: FLOOD MAP: ZONE: ELEVATION: FOLIO #: 62422200002 SECTION-TOWNSHIP-RANGE: 28-48-25 OWNER INFORMATION:CONTRACTOR INFORMATION: ROLWES, MOLLY & DAVID 279 HERON AVE NAPLES, FL 34108 SLUSSER SERVICES LLC 3627 PROGRESS AVE NAPLES, FL 34104 CERTIFICATE #:: C34937 PHONE: FCC CODE: CONSTRUCTION CODE: 0221 JOB VALUE: $83,600.00 TOTAL RES SQFT: 0 TOTAL COMM SQFT: 0 SETBACKS FRONT: 25'REAR: 10' ACC LEFT: 7.5'RIGHT: 7.5' SEWER: WATER: CONTACT NAME: CONTACT PHONE: Per Collier County Ordinance No. 2002-01, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional stipulations or conditions of this permit. This permit expires if work authorized by the permit is not commenced within six (6) months from the date of issuance of the permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 344-5600. In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 3.A.e Packet Pg. 25 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) Leland F. DySard, P.L.S. #3859Digitally signed by Leland F. DySard, P.L.S. #3859 Date: 2021.07.13 09:40:30 -04'00'3.A.ePacket Pg. 26Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.e Packet Pg. 27 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.e Packet Pg. 28 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) COLTIER COUNTY GOVERNM ENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 28OO NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34LO4 {2391 2s2-2400 FAX {2391 2s2-s724 ADDRESSING CHECKtIsT Please complete the following and email to GMD-Addressing@colliergov.net or fax to the Operations Divisionat 239-252-5724 or submit in person to the Addressing Section at the ibove address. Form must be signed byAddressino oersonnel orior to ore-aoplication meeting. please attow 3 davs for processinq. ------------------..- Not all items will apply to every project. ltems in bold type are required. FOLTO NUMBERS MUST BE PROVIDED' Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (lndicate type below, complete a separate Addressing Checklist for each petition type) n al (Blasting Permit) E eO (Boat Dock Extension) E Carnival/Circus Permit SDP (Site Development Plan) SDPA (SDP Amendment) SDPI (lnsubstantialChange to SDP) SIP (Site lmprovement Plan) SlPl (lnsubstantial Change to SIP) SNR (Street Name Change) SNC (Street Name Change - Unptatted) TDR (Transfer of Development Rights) VA (Variance) VRP (Vegetation Removal Permit) VRSFP (Vegetation Removal& Site Fill permit) OTHER trtrtrtrtrntrtrn CU (ConditionalUse) 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) LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) LOT 26, BLOCK 12, NAPLES PARK UNIT 1 RECORDE D IN PLAT BOOK 1 PAGE 106 OF PUBLTC BECORDS (CC) FoLlo (Property tD) NUMBER(s) of above (attach to, orassociate with,legaldescription if more than one) {2t22t}000+- STREET ADDRESS or ADDRESSES (as applicable, if atready assigned) 702 1O7TH AVE N, NAPLES FL 34108 ' LoCATION MAP must be attached showing exact location of projecUsite in relation to nearest public road right- of-way o SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if appticabte) 7O21O7TH AVE N NAPLES POOL CONSTR ucTroN VARIANCE (VA) PROPOSED PROJECT NAME (if appticabte) PROPOSED STREET NAMES (if appticabte) slrE DEVELoPMENT PLAN NUMBER (forexr'sting projects/sites onty) SDP - orAR or pL# 20210002556 Rev.6/9/2017 Page 1 ot 2 3.A.e Packet Pg. 29 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) Cownty COLL!ER COUNTY GOVERN MENT GROWTH MANAGEMENT DEPARTMENT www.collierpov.net 28OO NORTH HORSESHOE DRlVE NAPLES, FLORIDA 34L04 l23el 2s2-2400 FAX lz3el Zs2-5724 Project or development names proposed for, or already appearing in, condofninium documents (if application; indicate whether proposed or existing) EXIST! NG PERM IT #PRBD2O21 0628472 Please Return Approved Checklist By Email Fax tr Personally picked up Applicant Name: JOHN HAROLD Phone: 239-285-3740 Email/Fax: flacrewl @gmail.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number Folio Number Folio Number Folio Number Folio Number Folio Number Approved Updated by: \\ ate: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Rev.61912017 Page 2 ol 2 E ! 3.A.e Packet Pg. 30 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.e Packet Pg. 31 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.e Packet Pg. 32 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.e Packet Pg. 33 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS($) _P_L#2_0_2_10_00_2_55--'6 ___________________ _ I, MOLLY ROLWES (print name), as OWNER (title, if applicable) Of NAPLES FLORIDA VACATION RENTALS INC . (company, Ir ap,licable}, swear or affirm under oath, that I am the (choose one) owner0applicantDcontract purchaser and that: *Notes: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize JOHN HAROLD ENGINEER OF FLA SURVEYS INC. to act as our/my representative in any matters regarding this petition including 1 through 2 above. • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership . • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • ff the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the lac~:~:-i~i•one true: l5,~~~'-w J-{~~~o a a, '1" Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of physical presence ,8{ Don line notarization this la_ day of fl;bfO<l J'41 , 202.l-, by (printed name of owner or qualifier) NOllj _!:SD\IIJI:...':> . Such person(s) Notary Public must check applicable box : Are personally known to me Has produced a current drivers license A.oc-;d4.,.. .. PL D Has prod CP\08-COA-001151155 REV 3/4/2020 DEBRA JOHNSON i f; Notary Pub/le, State of Florida , "l.fi 'C,o'!]tp}§.sion# GG 32211? Y comm. expires Apr. 10, 2023 3.A.e Packet Pg. 34 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) NATURE OF PETITION RESPONSES SUBMITTED BY: JOHN HAROLD(ENGINEER)-FLA SURVEYS REVISION DATE: 02-11-2022 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. RESPONSE: REQUESTING A VARIANCE FROM LDC SECTION 4.02.03.D TO REDUCE THE FRONT YARD SETBACK FROM 25 FEET TO 18.6 FEET FOR AN ACCESSORY SWIMMING POOL. SLUSSER SERVICES ORIGINALLY SUBMITTED THE SITE PLAN FOR THE POOL, SPA & DECK TO COLLIER COUNTY AND THE PERMIT WAS ACCEPTED (PRBD20210628472). SLUSSER SERVICES BEGAN CONSTRUCTION AND COMPLETED THE POOL AND SPA SHELL. ONCE THE SPOT SURVEY WAS SUBMITTED TO COLLIER COUNTY, THE ZONING OFFICIAL NOTICED THAT THE LOT WAS A CORNER LOT AND IT HAD INCORRECT SETBACKS, THEREFORE THE ZONING OFFICIAL REQUIRED A VARIANCE FOR THE POOL/SPA. THE SETBACKS ON THE PERMIT WERE FOR AN INTERIOR LOT(25 FRONT, 7.5 SIDE, 10 REAR) BUT THE SUBJECT PARCEL IS A CORNER LOT (25 FRONT, 7.5 SIDE). WESTERN SETBACK IS 25' FEET, THEREFORE THE POOL IS A TOTAL OF 6.4' INTO THE SETBACK. 4.02.03.D IS WHAT VARIANCE IS SEEKING RELIEF FROM. 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. RESPONSE: 645 SQUARE FOOT POOL, SPA, AND DECK TO BE ADDED JUST WEST OF EXISTING DETACHED GARAGE. NO DREDGING OR FILLING. THE POOL IS BUILT 6.4' INTO THE SETBACK ON THE WEST PROPERTY LINE, THEREFORE REQUIRING A VARIANCE. THE SPA IS IN COMPLIANCE WITH THE 7.5' SETBACK TO THE SOUTH PROPERTY LINE. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h) listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. 3.A.e Packet Pg. 35 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) RESPONSE: NO, THE POOL, SPA, AND DECK ARE LOCATED DIRECTLY WEST FROM THE EXISTING DETACHED GARAGE. THE LOT SIZE IS 135' X 71.8' LOCATED IN THE NAPLES PARK AREA OF NAPLES, FL. THE ISSUE WITH THE SETBACK WAS NOT CAUGHT IN TIME TO CORRECT BEFORE CONSTRUCTION BEGAN. b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. RESPONSE: THE PERMIT WAS ISSUED WITH INCORRECT SETBACKS WHICH RESULTED IN BUILDING INTO THE SETBACKS. IF COLLIER COUNTY HAD REJECTED THE INITIAL PERMIT APPLICATION, SLUSSER SERVICES WOULD HAVE HAD TO CORRECT THE SITEPLAN TO A 25' SETBACK FROM THE WEST PROPERTY LINE AND ALL WOULD BE IN COMPLIANCE. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. RESPONSE: YES, DECONSTRUCTING THE POOL AND SPA SHELL WOULD COST THE BUILDER AND HOMEOWNER MANY THOUSANDS OF DOLLARS. ALL PAPERWORK AND PERMITTING PROCESSES WERE SUBMITTED CORRECTLY ON THE BUILDERS END, THEREFORE IT WOULD CAUSE MANY DIFFICULTIES FOR THE HOMEOWNER. d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. RESPONSE: YES, IF THE VARIANCE IS GRANTED IT WILL NOT NEGATIVELY EFFECT THE HEALTH, SAFETY, OR WELFARE OF THE LAND, BUILDING, OR STRUCTURE. ALL HEALTH AND SAFETY REGULATIONS WILL BE UPHELD WITH THE POOL BEING BUILT 6.4' INTO THE SETBACK. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. RESPONSE: NO, THE PETITIONER HAS DONE NOTHING TO BE GRANTED ANY SPECIAL PRIVILAGE. THE ISSUE LIES IN A SIMPLE OVERSIGHT BY COLLIER COUNTY THAT IF ENFORCED TO THE LITERAL INTERPRETATION OF THE ZONING CODE WOULD CAUSE UNDUE HARDSHIP ON THE HOMEOWNER. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not 3.A.e Packet Pg. 36 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) be injurious to the neighborhood, or otherwise detrimental to the public welfare. RESPONSE: YES, THE VARIANCE IS IN HARMONY WITH THE INTENT OF THE ZONING CODE AND WILL IN NO WAY NEGATIVELY EFFECT THE NEIGHBORHOOD OR PUBLIC IN ANY WAY. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. RESPONSE: NO, THERE ARE NO NEARBY NATURAL PRESERVES, LAKES, OR GOLF COURSES THAT COULD BE NEGATIVELY EFFECTED IF THE VARIANCE WERE TO BE GRANTED. h) Will granting the variance be consistent with the Growth Management Plan? RESPONSE: YES, GRANTING THE VARIANCE WILL BE CONSISTANT IN ESTABLISHING THE VISION, FRAMEWORK, AND POLICIES FOR FUTURE GROWTH IN COLLIER COUNTY. 3.A.e Packet Pg. 37 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) December 17, 2021 Mr. John Harold FLA Surveys Inc. 3884 Progress Ave. #104 Naples, FL. 34104 RE:VA-PL20210002556; 702 107Th Ave. N. Dear Mr. Harold, The following comments are provided to you regarding the above referenced project that was submitted on December 17, 2021. Please be aware that this is not a comprehensive list and is only being provided as a courtesy. All reviews must be completed prior to resubmittal. If you have questions, please contact the appropriate staff member who conducted the review. The project will retain a "HOLD" status until all comments are satisfied. The following comments need to be addressed as noted: Rejected Review: Engineering Stormwater Review Reviewed By: Richard Orth Email: Richard.Orth@colliercountyfl.gov Phone #: (239) 252-5092 Correction Comment 1: Miscellaneous Corrections: The proposed site drainage plan identifies a Note stating "pool overflow will drain into roadside swale"; this would be an illicit discharge into a County swale and is not allowed. Please modify pool drainage calculations and plans to account for this discharge onsite. Rejected Review: Zoning Review Reviewed By: Eric Ortman Email: Eric.Ortman@colliercountyfl.gov Phone #: (239) 252-1032 Correction Comment 1: Miscellaneous Corrections Additional detail on the seven items listed below is needed to assist the Hearing Examiner in his deliberation. Some comments may be repeated. 1. App. Page 2 please correct folio number 2. App. Page 2 please correct setbacks to reflect accessory use on a corner lot in RMF-6 zone 3. App. Page 3 Nature of Petition Q1 - please provide additional detail as to how the encroachment came to be, why/how the need for a variance arose, etc. 4. App. Page 3 Nature of Petition Q2 - please include dimensions of the deviation being sought. 5. App. Page 3 Nature of Petition Q3- please expand on responses beyond one-word answers to the criteria listed in application (LDC 9.04.03) 6. Narrative - please provide additional detail as to why the variance is needed. 7. Affidavit of Authorization Page 1 Line 5 - change consent from "John Harold/FLA Surveys 3.A.e Packet Pg. 38 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) Inc. & Kenny Slusser/Slusser Services: to "John Harold TITLE of FLA Surveys Inc. Rejected Review: County Attorney Review Reviewed By: Derek Perry Email: Derek.Perry@colliercountyfl.gov Phone #: (239) 252-8066 Correction Comment 1: Miscellaneous Corrections: Please address staff’s comments. Please specify the variance request (e.g., a variance from LDC section 4.02.03.D reduce the front yard setback from 25 feet to 18.6 feet for an accessory swimming pool). Please note substantive County Attorney’s Office review to commence at the next submittal. Please feel free to give me a call if you have any questions or need additional information: Derek D. Perry, (239) 252-8066. GENERAL COMMENTS: [Eric Ortman] 1.Please be advised that pursuant to the LDC, a petition can be considered closed if there has been no activity on the petition for a period of six (6) months. In addition, a GMP Amendment application that is a companion item can likewise be considered closed. That six months period will be calculated from the date of this letter. 2.Additional comments or stipulations may be forthcoming once a sufficient petition has been submitted for review. This correspondence should not be construed as a position of support or non-support for any issues within the petition. Staff will analyze the petition and the recommendation will be contained in the staff report prepared for the Collier County Planning Commission (CCPC) or Hearing Examiner (HEX). 3.Please ensure that all members of your team that may testify before the HEX or CCPC and the Board of County Commissioners (BCC) are registered as lobbyists with the County pursuant to the regulations regarding that issue. 4.When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to all comments. 5.Please put revised dates on all exhibits and in the title block of all Plans. The PUD document should include a footer that reflects the project name, petition number, date and page X of Y for the entire document. Documents without this information will be rejected. 6.A partial resubmittal cannot be accepted; please do not resubmit until you can respond to ALL review comments. 7.Pursuant to F.S. 125.022, exhibits and application materials are subject to review upon each resubmittal until deemed sufficient and complete. Should the project receive a third request for additional information, staff requests that the applicant provide written acknowledgement with the resubmittal to waive the regulation that restricts the County from requesting additional information. Projects that do not include such written acknowledgement and that fail to address any outstanding review items with the 4th submittal will be denied/recommended for denial. 8.Note the adopted fee schedule requires payment of additional fees for petition review upon the 5th and subsequent submittals; please contact the appropriate staff and resolve issues to avoid this fee. 3.A.e Packet Pg. 39 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 9.If you would like to discuss the review comments, require clarification and/or wish to identify agree-to-disagree issues, a post-review meeting can be arranged including all rejecting reviewers. To schedule a post-review meeting, please contact me, and Zoning Operations staff will proceed with scheduling. If you have any questions, please contact me at (239) 252-1032 or Eric.Ortman@colliercountyfl.gov. Sincerely, Eric Ortman Principal Planner Growth Management Department 3.A.e Packet Pg. 40 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) CORRECTIONS PER COLLIER COUNTY SUBMITTED BY: JOHN HAROLD(ENGINEER)-FLA SURVEYS REVISION DATE:02-11-2022 Rejected Review: Engineering Stormwater Review Reviewed By: Richard Orth Email: Richard.Orth@colliercountyfl.gov Phone #: (239) 252-5092 Correction Comment 1: Miscellaneous Corrections: The proposed site drainage plan identifies a Note stating "pool overflow will drain into roadside swale"; this would be an illicit discharge into a County swale and is not allowed. Please modify pool drainage calculations and plans to account for this discharge onsite. RESPONSE: NOTE STATING "POOL OVERFLOW WILL DRAIN INTO ROADSIDE SWALE" HAS BEEN ADJUSTED TO READ "POOL OVERFLOW WILL DRAIN INTO SOUTH BERM RETENTION AREA" Rejected Review: Zoning Review Reviewed By: Eric Ortman Email: Eric.Ortman@colliercountyfl.gov Phone #: (239) 252-1032 Correction Comment 1: Miscellaneous Corrections Additional detail on the seven items listed below is needed to assist the Hearing Examiner in his deliberation. Some comments may be repeated. 1. App. Page 2 please correct folio number RESPONSE: FOLIO NUMBER HAS BEEN CORRECTED TO READ 62422200002 2. App. Page 2 please correct setbacks to reflect accessory use on a corner lot in RMF-6 zone RESPONSE: SETBACKS HAVE BEEN ADJUSTED TO REMOVE REAR SETBACK SINCE THIS IS A CORNER LOT WITH 2 FRONTS(25') AND 2 SIDES(7.5') 3. App. Page 3 Nature of Petition Q1 - please provide additional detail as to how the encroachment came to be, why/how the need for a variance arose, etc. RESPONSE: ADDITIONAL DETAIL HAS BEEN ADDED AS TO THE EXPLANATION OF HOW TO VARIANCE AROSE AND DIMENSION OF DEVIATION BEING SOUGHT 4. App. Page 3 Nature of Petition Q2 - please include dimensions of the deviation being sought. RESPONSE: DIMENSION OF DEVIATION BEING SOUGHT WAS ADDED AS 6.4' INTO THE SETBACK. 5. App. Page 3 Nature of Petition Q3- please expand on responses beyond one-word answers to the criteria listed in application (LDC 9.04.03) RESPONSE: ALL RESPONSES UNDER THE NATURE OF PETITION QUESTIONS WERE EXPANDED UPON TO SATISFY 3.A.e Packet Pg. 41 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) THE CRITERIA LISTED IN THE APPLICATION (LDC 9.04.03) 6. Narrative - please provide additional detail as to why the variance is needed. RESPONSE: ADDITIONAL DETAIL HAS BEEN ADDED AS TO WHY THE VARIANCE IS NEEDED. 7. Affidavit of Authorization Page 1 Line 5 - change consent from "John Harold/FLA Surveys Inc. & Kenny Slusser/Slusser Services: to "John Harold TITLE of FLA Surveys Inc. RESPONSE: AFFIDAVIT OF AUTHORIZATION PAGE 1 LINE 5 HAS BEEN CHANGED TO REFLECT: JOHN HAROLD ENGINEER OF FLA SURVEYS INC. Rejected Review: County Attorney Review Reviewed By: Derek Perry Email: Derek.Perry@colliercountyfl.gov Phone #: (239) 252-8066 Correction Comment 1: Miscellaneous Corrections: Please address staffâ€™s comments. Please specify the variance request (e.g., a variance from LDC section 4.02.03.D reduce the front yard setback from 25 feet to 18.6 feet for an accessory swimming pool). Please note substantive County Attorneyâ€™s Office review to commence at the next submittal. Please feel free to give me a call if you have any questions or need additional information: Derek D. Perry, (239) 252-8066. RESPONSE: VARIANCE REQUEST UNDER BOTH THE NARRATIVE AND NATURE OF PETITION RESPONSES REFLECTS THE SPECIFICS OF THE VARIANCE REQUEST. STAFF'S COMMENTS HAVE BEEN ADDRESSED. 3.A.e Packet Pg. 42 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) From: ThomasClarkeVEN Sent: Wednesday, October 20, 2021 2:37 PM To: CookJaime; GMD Client Services Cc: OrtmanEric; GiblinCormac; BellowsRay Subject: FW: 702 107th Ave N. Naples Pool Construction (VA)_PL20210002556 Follow Up Flag: Follow up Flag Status: Completed Categories: Angela Hi Jaime, We just held this Pre-App meeting for the above Variance petition. This is the one we issued a permit with incorrect setbacks for this pool, and agreed to waive the Pre-App Fee for the Variance. Could you reply to all on this email with your approval so we can complete the City View activity for Fees and move forward with the Pre-App Notes. Thank you, Tom Thomas Clarke Operations Analyst - Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2526 From: ThomasClarkeVEN Sent: Wednesday, October 13, 2021 11:53 AM To: 'flacrew1@gmail.com' <flacrew1@gmail.com> Cc: FeyEric <Eric.Fey@colliercountyfl.gov>; GiblinCormac <Cormac.Giblin@colliercountyfl.gov> Subject: 702 107th Ave N. Naples Pool Construction (VA)_PL20210002556 Hello John, Per my Phone call, we have waived the Pre-App Meeting fee for the Variance for the above project. 3.A.e Packet Pg. 43 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) Here is the link to the virtual meeting for the Variance on Wednesday 10/20/21 at 1:30 PM. If you do not have SKYPE for Business, just sign on as a “Guest” and it should work. Join Skype Meeting Trouble Joining? Try Skype Web App Help Here is the Bridge Conference phone # if you have problems with SKYPE: BRIDGE NUMBER TO CALL FOR MEETING 239-252-7167 ACCESS CODE - 111111 HOST CODE – 1546 Thomas Clarke Operations Analyst - Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2526 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning Exceeding Expectations Everyday Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3.A.e Packet Pg. 44 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) From: KovenskyKenneth Sent: Wednesday, October 27, 2021 3:57 PM To: ThomasConsuela Cc: BurkeRose Subject: RE: 702 107th Ave N. Naples Pool Construction (VA)_PL20210002556 Follow Up Flag: Follow up Flag Status: Flagged Language is fine. I would add a comma in the first sentence (see below). Respectfully, Ken Kovensky Director Operations & Regulatory Management Division Kenneth.Kovensky@colliercountyfl.gov 2800 N. Horseshoe Drive, Naples, Florida 34104 Phone: 239.252.2388 Fax: 239.252.6563 How are we doing? The Operations & Regulatory Management Division wants to hear from you! Please take our online SURVEY. We appreciate your feedback! From: ThomasConsuela <Consuela.Thomas@colliercountyfl.gov> Sent: Wednesday, October 27, 2021 12:06 PM To: KovenskyKenneth <Kenneth.Kovensky@colliercountyfl.gov> Cc: BurkeRose <Rose.Burke@colliercountyfl.gov> Subject: RE: 702 107th Ave N. Naples Pool Construction (VA)_PL20210002556 Good afternoon Ken, Can you please approve the language below for the above referenced project regarding the fees? Due to staff error, the zoning review for PRBD20210628472 was approved. However, upon further review, the spot survey determined that the zoning review should not have been approved as the front yard setbacks do not meet the requirements of the Land Development Code (4.02.03). As a result, a variance is required to approve the non-conforming setbacks. As this was a staff error, Collier County will be sponsoring the variance fees for this project. The contractor and property owner have provided a letter of acceptance and will proceed at their own risk. 3.A.e Packet Pg. 45 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) Respectfully, Connie Thomas Client Services Supervisor Operations & Regulatory Management Division consuela.thomas@colliercountyfl.gov 2800 North Horseshoe Drive, Naples Florida 34104 Client Services: 239.252.1036 Phone: 239.252.2473 How are we doing? The Operations & Regulatory Management Division wants to hear from you! Please take our online SURVEY. We appreciate your feedback! From: KovenskyKenneth <Kenneth.Kovensky@colliercountyfl.gov> Sent: Thursday, October 21, 2021 3:17 PM To: ThomasConsuela <Consuela.Thomas@colliercountyfl.gov> Cc: BurkeRose <Rose.Burke@colliercountyfl.gov> Subject: RE: 702 107th Ave N. Naples Pool Construction (VA)_PL20210002556 Please pull all history for this petition and set up a meeting with me tomorrow to review. Respectfully, Ken Kovensky Director Operations & Regulatory Management Division Kenneth.Kovensky@colliercountyfl.gov 2800 N. Horseshoe Drive, Naples, Florida 34104 Phone: 239.252.2388 Fax: 239.252.6563 How are we doing? The Operations & Regulatory Management Division wants to hear from you! Please take our online SURVEY. We appreciate your feedback! 3.A.e Packet Pg. 46 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) From: ThomasConsuela <Consuela.Thomas@colliercountyfl.gov> Sent: Thursday, October 21, 2021 11:02 AM To: KovenskyKenneth <Kenneth.Kovensky@colliercountyfl.gov> Cc: BurkeRose <Rose.Burke@colliercountyfl.gov> Subject: FW: 702 107th Ave N. Naples Pool Construction (VA)_PL20210002556 Good morning Ken, Please see email below from Jaime Cook regarding a fee waiver for the above reference project. How would you like for me to handle these fees? Respectfully, Connie Thomas Client Services Supervisor Operations & Regulatory Management Division consuela.thomas@colliercountyfl.gov 2800 North Horseshoe Drive, Naples Florida 34104 Client Services: 239.252.1036 Phone: 239.252.2473 How are we doing? The Operations & Regulatory Management Division wants to hear from you! Please take our online SURVEY. We appreciate your feedback! From: GMD Client Services <GMDClientServices@colliercountyfl.gov> Sent: Wednesday, October 20, 2021 3:10 PM To: ThomasConsuela <Consuela.Thomas@colliercountyfl.gov> Subject: FW: 702 107th Ave N. Naples Pool Construction (VA)_PL20210002556 Read below. DID YOU KNOW? Beginning March 22, 2021, GMD is transitioning to a fully electronic submittal process for building, zoning and development review applications. For more information and to learn how this may impact you, please: scan the QR code below for details and contact information and 3.A.e Packet Pg. 47 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) visit the Collier County E-Permitting webpage for updates and training opportunities: https://www.colliercountyfl.gov/your-government/divisions-a-e/building-review/e-permitting Respectfully, Renald Paul CE Project Coordinator Operations and Regulatory Management Division “We’re committed to your success!” 2800 N. Horseshoe Drive Naples, FL 34104 Telephone (239) 252-2443 Visit our website at: www.colliercountyfl.gov NOTE: Email Address Has Changed 2800 North Horseshoe Drive, Naples Florida 34104 Client Services: 239.252.1036 Phone: 239.252.2443 How are we doing? The Operations & Regulatory Management Division wants to hear from you! Please take our online SURVEY. We appreciate your feedback! From: CookJaime <Jaime.Cook@colliercountyfl.gov> Sent: Wednesday, October 20, 2021 3:02 PM To: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov>; GMD Client Services <GMDClientServices@colliercountyfl.gov> 3.A.e Packet Pg. 48 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) Cc: OrtmanEric <Eric.Ortman@colliercountyfl.gov>; GiblinCormac <Cormac.Giblin@colliercountyfl.gov>; BellowsRay <Ray.Bellows@colliercountyfl.gov> Subject: RE: 702 107th Ave N. Naples Pool Construction (VA)_PL20210002556 Hi Thomas, Per conversations with Jamie French, since this was a staff error during review, all fees for this petition will be waived for the applicant. The County will cover the cost of all advertising as well. Thank you! Respectfully, Jaime Cook, M.S. Division Director Development Review Division Exceeding Expectations, Every Day! NOTE: Email Address Has Changed 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.6290 Cell: 239.571.3800 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Sent: Wednesday, October 20, 2021 2:37 PM To: CookJaime <Jaime.Cook@colliercountyfl.gov>; GMD Client Services <GMDClientServices@colliercountyfl.gov> 3.A.e Packet Pg. 49 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) Cc: OrtmanEric <Eric.Ortman@colliercountyfl.gov>; GiblinCormac <Cormac.Giblin@colliercountyfl.gov>; BellowsRay <Ray.Bellows@colliercountyfl.gov> Subject: FW: 702 107th Ave N. Naples Pool Construction (VA)_PL20210002556 Hi Jaime, We just held this Pre-App meeting for the above Variance petition. This is the one we issued a permit with incorrect setbacks for this pool, and agreed to waive the Pre-App Fee for the Variance. Could you reply to all on this email with your approval so we can complete the City View activity for Fees and move forward with the Pre-App Notes. Thank you, Tom Thomas Clarke Operations Analyst - Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2526 From: ThomasClarkeVEN Sent: Wednesday, October 13, 2021 11:53 AM To: 'flacrew1@gmail.com' <flacrew1@gmail.com> Cc: FeyEric <Eric.Fey@colliercountyfl.gov>; GiblinCormac <Cormac.Giblin@colliercountyfl.gov> Subject: 702 107th Ave N. Naples Pool Construction (VA)_PL20210002556 Hello John, Per my Phone call, we have waived the Pre-App Meeting fee for the Variance for the above project. Here is the link to the virtual meeting for the Variance on Wednesday 10/20/21 at 1:30 PM. If you do not have SKYPE for Business, just sign on as a “Guest” and it should work. Join Skype Meeting Trouble Joining? Try Skype Web App 3.A.e Packet Pg. 50 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) Help Here is the Bridge Conference phone # if you have problems with SKYPE: BRIDGE NUMBER TO CALL FOR MEETING 239-252-7167 ACCESS CODE - 111111 HOST CODE – 1546 Thomas Clarke Operations Analyst - Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2526 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning Exceeding Expectations Everyday Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3.A.e Packet Pg. 51 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.e Packet Pg. 52 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.e Packet Pg. 53 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.e Packet Pg. 54 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.e Packet Pg. 55 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.e Packet Pg. 56 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.e Packet Pg. 57 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.e Packet Pg. 58 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.e Packet Pg. 59 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.e Packet Pg. 60 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.e Packet Pg. 61 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.e Packet Pg. 62 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.e Packet Pg. 63 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.e Packet Pg. 64 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.e Packet Pg. 65 Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 1OBJECTIDGIS_FLN_NUMFOLIOADDRESSTYPENAME1NAME2NAME3NAME4NAME5LEGAL11 62422080002 62422080002 U PINO, NIBALDO M & GLORIA 715 106TH AVE N NAPLES PARK UNIT 1 BLK 12 LOT2 62422120001 62422120001 U BURRIS, NEWTON L SHAUN MICHAEL & MOLLY HOOD13752 MOTTLESTONE DRNAPLES PARK UNIT 1 BLK 123 62422160003 62422160003 U THURBER, JOHN T 9 TOMOHAWK TRAIL NAPLES PARK UNIT 1 BLK 12 LOT4 62422200002 62422200002 U NAPLES FLORIDA VACATION RENTALS INC279 HERON AVENAPLES PARK UNIT 1 BLK 125 62422240004 62422240004 F BIENNEK, HEINZ BIENNEK, BRIGITTEKACZMAREK, JUERGENANDER BRACHE 13NAPLES PARK UNIT 1 BLK 12 LOT6 62422280006 62422280006 F YU FLORIDA LAND TRUST 5 PARK HOME AVE #170 NAPLES PARK UNIT 1 BLK 12 LOT7 62422320005 62422320005 U BUONOPANE, DINO & MARIE 28 MAPLEWOOD ST NAPLES PARK UNIT 1 BLK 12 LOT8 62423720002 62423720002 U CEFALO REALTY TRUST 713 107TH AVE N NAPLES PARK UNIT 1 BLK 13 LOT9 62423760004 62423760004 F IFVARSSON, STAFFAN & ASA ALMLOFSGATAN 3 NAPLES PARK UNIT 1 BLK 1310 62423800003 62423800003 U KASTAN LLC 116 CONNERS AVE NAPLES PARK UNIT 1 BLK 13 LOT11 62574720003 62574720003 U DEVI, KAKARALA L KAKARALA J RAO697 107TH AVE N UNIT BNAPLES PARK UNIT 2 BLK 20 LOT12 62574760005 62574760005 U MAY, CHADWICK R CATALINA BOHORQUEZ659 92ND AVE NNAPLES PARK UNIT 2 BLK 2013 62576360005 62576360005 U PALUMBO TR, CHARLES J ROSE P PALUMBO TRPALUMBO FAMILY TRUSTUTD 04/01/10699 106TH AVE NNAPLES PARK UNIT 2 BLK 21 LOT14 62576400004 62576400004 U DONOHUE, FLORENCE C 695 106TH AVE N NAPLES PARK UNIT 2 BLK 21 LOT15 62577920004 62577920004 U GAGNON, ROBERT D & HEIDI L694 107TH AVE N NAPLES PARK UNIT 2 BLK 2116 62577920101 62577920101 U TRUONG, TAM HUNG T TA10151 KUKUI DRNAPLES PARK UNIT 2 BLK 21 LOTNotice: 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.POList_150.xls3.A.ePacket Pg. 66Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. 2LEGAL2LEGAL3LEGAL4SECTIONTOWNSHIPRANGEBLOCKBLDGLOTUNITNAME622 OR 600 PG 208 28 48 25 12 22 NAPLES, FL 34108---1849LOTS 23-24 28 48 25 12 23 PICKERINGTON, OH 43147---02528 48 25 12 25 MEDFORD, NJ 08055---0LOT 2628 48 25 12 26 NAPLES, FL 34108---02728 48 25 12 27 GELSENKIRCHEN D 45891 GERMANY2828 48 25 12 28 TORONTO M2M6L4 CANADA2928 48 25 12 29 WEST ROXBURY, MA 02132---41052228 48 25 13 22 NAPLES, FL 34108---1858LOTS 23-24 28 48 25 13 23 STOCKHOLM SE-11451 SWEDEN2528 48 25 13 25 NAPLES, FL 34108---0128 48 25 20 1 NAPLES, FL 34108---0LOT 228 48 25 20 2 NAPLES, FL 34108---0128 48 25 21 1 NAPLES, FL 34108---1847228 48 25 21 2 NAPLES, FL 34108---1847LOT 4928 48 25 21 49 NAPLES, FL 34108---050 OR 1731 PG 1610 28 48 25 21 50 HUNTINGTON BEACH, CA 92646---0POList_150.xls3.A.ePacket Pg. 67Attachment: Attachment 4 - Backup Documentation (21741 : PL20210002556 Pool Variance 702 107th Ave. Vanderbilt DRTamiamiTRL NTamiami TRL NBluebillAVE 111th AVE N !I Projec tLocation 107th AVE N 106th AVE N6thST7thST8thST3.A.e Packet Pg. 68 Attach 3.A.f Packet Pg. 69 Attachment: Attachment 5 - Public Notice Signs (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 3.A.f Packet Pg. 70 Attachment: Attachment 5 - Public Notice Signs (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) PUBLIC HEARING NOTICE Pool Variance (VA) 702 107th Ave Petition No. PL-20210002556 to Permit No. PRBD20210628472 HEX: April 14, 2022 – 9 A.M. Growth Management Building 2800 Horseshoe Dr. N., Naples, FL. 34104 Planner: Eric Ortman 239-252-1032 3.A.fPacket Pg. 71Attachment: Attachment 5 - Public Notice Signs (21741 : PL20210002556 Pool Variance 702 107th Ave. N.) 04/14/2022 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.B Item Summary: Petition No. BDE-PL20210001685 - Request for a 17-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width to allow a boat docking facility that will protrude a total of 37 feet into a waterway that is 1,311± feet wide, pursuant to Section 5.03.06 of the Land Development Code, for the benefit of property located at 109 Pago Pago Drive West, also described as Lot 217, Isles of Capri No. 2, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 1 Meeting Date: 04/14/2022 Prepared by: Title: Planner – Zoning Name: John Kelly 03/22/2022 5:20 PM Submitted by: Title: – Zoning Name: Mike Bosi 03/22/2022 5:20 PM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 03/22/2022 6:22 PM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 03/25/2022 4:17 PM Zoning Ray Bellows Review Item Completed 03/25/2022 4:24 PM Zoning Mike Bosi Zoning Director Review Completed 03/25/2022 4:59 PM Hearing Examiner Andrew Dickman Meeting Pending 04/14/2022 9:00 AM 3.B Packet Pg. 72 BDE-PL20210001685 – 109 Pago Pago Dr W Page 1 of 8 March 21, 2022 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION - ZONING SERVICES SECTION HEARING DATE: APRIL 14, 2022 SUBJECT: BDE-PL20210001685, 109 PAGO PAGO DRIVE WEST _________________________________________________________________________ PROPERTY OWNER/APPLICANT: AGENT: George J. Merkling, III Nick Pearson 109 Pago Pago Dr. W. Turrell, Hall & Associates, Inc. Naples, FL 34116 3584 Exchange Ave. Naples, FL 34104 REQUESTED ACTION: The petitioner requests a 17-foot boat dock extension over the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width to allow a boat docking facility that will protrude a total of 37 feet into a waterway that is 1,311± feet wide pursuant to Section 5.03.06 of the Collier County Land Development Code (LDC) for the benefit of the subject property. GEOGRAPHIC LOCATION: The subject property is located at 109 Pago Pago Drive West, further described as Lot 217, Isles of Capri No. 2, in Section 32, Township 51 South, Range 26 East. Collier County, Florida. (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 supports a single-family dwelling on Johnson Bay which abuts the Rookery Bay Aquatic Preserve. The petitioner proposes to remove and replace an existing shore parallel dock facility with a shore perpendicular dock facility comprising a single boat lift for a 35-foot vessel. Being within the preserve limits the dock’s access walkway to 4 feet in width, the terminal platform (where loading/unloading onto a boat can occur) cannot exceed 160 square feet, and the dock overall cannot be constructed beyond the depth contour of 4 feet at the average low tide (MLW). 3.B.a Packet Pg. 73 Attachment: Staff Report 03212022 (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) BDE-PL20210001685 – 109 Pago Pago Dr W Page 2 of 8 March 21, 2022 3.B.aPacket Pg. 74Attachment: Staff Report 03212022 (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) BDE-PL20210001685 – 109 Pago Pago Dr W Page 3 of 8 March 21, 2022 SURROUNDING LAND USE & ZONING: North: Johnson Bay, located within a Rural-Agricultural zoning district and also a Special Treatment Overlay (A-ST) East: Unimproved, Residential Single-Family-4 (RSF-4) zoning district South: Pago Pago Dr W (Right-of-Way), then a single-family residence, Residential Single-Family-4 (RSF-4) zoning district West: Single-family dwelling, Residential Single-Family-4 (RSF-4) zoning district Aerial – Collier County GIS 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 (Johnson Bay), which will require an ST-permit for the proposed docking facilities prior to issuance of the building permits. The proposed docking facilities will be constructed waterward of the existing seawalled shoreline. 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. 3.B.a Packet Pg. 75 Attachment: Staff Report 03212022 (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) BDE-PL20210001685 – 109 Pago Pago Dr W Page 4 of 8 March 21, 2022 STAFF ANALYSIS: In accordance with LDC Section 5.03.06.H., the Collier County Hearing Examiner shall approve, approve with conditions, or deny a dock facility extension request based on certain criteria. In order for the Hearing Examiner to approve this request, at least four of the five primary criteria and four of the six secondary criteria must be met: Primary Criteria: 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (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 located within an RSF-4 zoning district and is improved with a single-family dwelling for which the LDC allows two boat slips. The proposed project consists of a single dock that will be used to moor a single 35-foot vessel. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner’s application is unable to launch or moor at mean low tide (MLT). (The petitioner’s application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) Criterion met. The applicant’s agent states that the water depths at the subject property do not permit the existing lift to be utilized at low tide. The existing lift is utilized to moor an approximately 31-foot vessel (with motors included) in a shore parallel configuration. Mooring a larger vessel at this location in the same configuration would therefore stand to have equal or bigger issues at low tide. Additionally, the designation of this area of Isles of Capri as part of the Rookery Bay aquatic preserve prevents dredging from ever occurring. Staff concurs, provided the reported information is accurate. 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Criterion met. The proposed dock facility does not protrude into any marked or charted navigable channel and will not impede any vessel traffic as it is in a portion of the Bay that naturally restricts through-traffic. 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 3.B.a Packet Pg. 76 Attachment: Staff Report 03212022 (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) BDE-PL20210001685 – 109 Pago Pago Dr W Page 5 of 8 March 21, 2022 between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion met. The applicant’s agent states that the waterway width from the subject property to the nearest landmass is 1,311 feet. The proposed dock protrusion will inhibit less than five percent of this distance. However, we also acknowledge that there is a fire department pier that parallels the subject property that is much closer than the opposite landmass. There will still be approximately 189 feet of navigable space between the end of the proposed dock and the fire department’s pier. The proposed dock would therefore protrude less than 20 percent of the distance between the subject property and the fire department’s pier. Furthermore, following construction of the proposed dock, 50 percent of the width of waterway will remain for navigation. Staff concurs. 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 new dock facility will satisfy side setback requirements and will not interfere with public navigability or with ingress/egress to any of the neighboring docks. Secondary Criteria: 1. Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Criterion met. The applicant’s agent states that the main obstacle surrounding this property are the required setbacks, the neighboring properties, and the aquatic preserve. Configuring a dock that can permanently moor a 35-foot vessel inside of the standard 20- foot protrusion limit and 15-foot setbacks, and that also allows for ingress/egress without conflict from structures on neighboring properties is difficult or not possible to do in many cases. This is especially true considering that the aquatic preserve prevents dredging from occurring at this location. The simple solution is to provide mooring in a shore- perpendicular configuration. This avoids conflict with neighboring docks and allows for hassle-free mooring with easy access to the deepest water depths at the subject property. Staff concurs. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Criterion met. The applicant’s agent states the typical buildable zone within the subject property’s riparian area (that does not require a BDE or side setback variance) is an approximately 35-foot by 20-foot box (or 700 square feet). The proposed docking facility 3.B.a Packet Pg. 77 Attachment: Staff Report 03212022 (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) BDE-PL20210001685 – 109 Pago Pago Dr W Page 6 of 8 March 21, 2022 will cover only about 221 square feet. Furthermore, the proposed dock is small enough to be considered exempt from needing a permit at the state level and is a reduction from the size of the existing facility. Staff does not disagree and further finds that the 4-foot walkway is the minimum width for safe access and that the 12-foot by 14-foot terminal platform is not determined to be excessive for the placement and staging of materials used for routine maintenance and/or the staging of embarking and disembarking passengers and gear. 3. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property’s linear waterfront footage. (The applicable maximum percentage should be maintained.) Criterion not met. The subject property has approximately 65 feet of shoreline and the applicant’s vessel is 35 feet, length overall; thus, the length of the vessel will exceed 50 percent of the property’s linear water frontage by 3.85 percent. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. The applicant’s agent states that the existing dock facility consists of a canopy and dock which collectively cover approximately 604 square feet of area. The new dock will not have a canopy and will cover about 221 square feet of area. The new structure should therefore provide a net improvement to the views of the neighbors. Staff Concurs. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(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. Criterion not applicable. The provisions of the Collier County Manatee Protection Plan do not apply to single-family dock facilities except for those within the seawalled basin of Port of the Islands; the subject property is not located within Port of the Islands. Staff analysis finds this request complies with five of the five primary criteria. With respect to the six secondary criteria, one of the criteria is found to be not applicable, the request meets four of the remaining five secondary criteria. CONCURRENT LAND USE APPLICATIONS: 3.B.a Packet Pg. 78 Attachment: Staff Report 03212022 (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) BDE-PL20210001685 – 109 Pago Pago Dr W Page 7 of 8 March 21, 2022 None. APPEAL OF BOAT DOCK EXTENSION TO BOARD OF ZONING APPEALS: As to any boat dock extension petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action to the Board of County Commissioners. Such appeal shall be filed with the Growth Management Department Administrator within 30 days of the Decision by the Hearing Examiner. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner APPROVE Petition BDE-PL20210001685, to allow for the construction of the proposed dock facility as depicted within the plans contained in Attachment A. Attachments: A) Proposed Site and Dock Plans B) Public Hearing Sign Posting C) Applicant’s Backup D) HEX Hybrid Meeting Waiver 3.B.a Packet Pg. 79 Attachment: Staff Report 03212022 (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 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.SUBJECTPROPERTYSUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 25.9703694<> LONGITUDE:W -81.6978927SITE ADDRESS:<> 109 W. PAGO PAGONAPLES, 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:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg LOCATION MAP 1/31/2022THESE 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.:NPRMJ01-31-2221016-3226MERKLING DOCKLOCATION MAP51-------------------01 OF 07COLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLES3.B.bPacket Pg. 80Attachment: Attachment A - Proposed Site and Dock Plans (21757 : PL20210001685 BDE 109 Pago Pago NESW0102040SCALE IN FEETSITE ADDRESS:,109 W. PAGO PAGONAPLESFL34113Turrell, 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:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg EXISTING AERIAL 1/31/2022THESE 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.:NPRMJ01-31-2221016-3226MERKLING DOCKEXISTING AERIAL51-------------------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"MM-DD-YYYY-1.63'0.42'65'6001,31135'1 9 '4'4'EXISTINGCOVERED BOAT LIFTEXISTINGDOCKSUBJECT PROPERTYRIPARIAN LINEEXISTINGSEAWALL65'1 1 0 '65'RIPARIAN LINE1 1 0 '3.B.bPacket Pg. 81Attachment: Attachment A - Proposed Site and Dock Plans (21757 : PL20210001685 BDE 109 Pago Pago P:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg 1/31/2022NESW051020SCALE 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:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg PROPOSED DOCK 1/31/2022THESE 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.:NPRMJ01-31-2221016-3226MERKLING DOCKPROPOSED DOCK51-------------------03 OF 074'PROPOSEDDOCKEXISTINGSEAWALLPROPOSEDLIFTAA04SUBJECT PROPERTY12'1 4 '8'12'1 3 ' 3 7 ' 1 5 '22'20'BB043 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 PROPERTY LINE:"BENCHMARK LAND SERVICES"MM-DD-YYYY-1.63'0.42'65'6001,31122122137'3.B.bPacket Pg. 82Attachment: Attachment A - Proposed Site and Dock Plans (21757 : PL20210001685 BDE 109 Pago Pago 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:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg CROSS SECTIONS 1/31/2022THESE 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.:NPRMJ01-31-2221016-3226MERKLING DOCKCROSS SECTIONS51-------------------04 OF 07SECTION AASCALE: 1" = 6'ALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATE.MHW = 0.42' NAVD 88MLW = -1.63' NAVD 88PROPOSED LIFTPROPOSED DOCKSECTION BBSCALE: 1" = 8'PROPOSED DOCKALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATE.MHW = 0.42' NAVD 88MLW = -1.63' NAVD 8812'PROPOSED LIFT29'37' PROTRUSION12'7'13'17'EXISTINGSEAWALL3.B.bPacket Pg. 83Attachment: Attachment A - Proposed Site and Dock Plans (21757 : PL20210001685 BDE 109 Pago Pago P:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg 1/31/2022NESW03060120SCALE 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:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg SUBMERGED RESOURCE SURVEY 1/31/2022THESE 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.:NPRMJ01-31-2221016-3226MERKLING DOCKSUBMERGED RESOURCE SURVEY51-------------------05 OF 07TYPICAL DIVE TRANSECTNO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200 FT OF THEPROPOSED PROJECTTRANSECT2 0 0 ' 1 0 '200'SUBJECT PROPERTY3.B.bPacket Pg. 84Attachment: Attachment A - Proposed Site and Dock Plans (21757 : PL20210001685 BDE 109 Pago Pago P:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg 1/31/2022NESW050100200SCALE 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:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg ADJACENT DOCKS AND WIDTH OF WATERWAY 1/31/2022THESE 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.:NPRMJ01-31-2221016-3226MERKLING DOCKADJACENT DOCKS AND WIDTH OF WATERWAY51-------------------06 OF 071 8 6 '140'20 ' 1 9 ' 20 ' 20 '18'25'NOTE:THE DIMENSIONS SHOWN ARE APPROXIMATEAND ARE TAKEN FROM THE AERIAL IMAGE.SUBJECTPROPERTY37 '3.B.bPacket Pg. 85Attachment: Attachment A - Proposed Site and Dock Plans (21757 : PL20210001685 BDE 109 Pago Pago P:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg 1/31/2022NESW03060120SCALE 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:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg ST OVERLAY 1/31/2022THESE 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.:NPRMJ01-31-2221016-3226MERKLING DOCKST OVERLAY51-------------------07 OF 07STOVERLAYSUBJECTPROPERTY3.B.bPacket Pg. 86Attachment: Attachment A - Proposed Site and Dock Plans (21757 : PL20210001685 BDE 109 Pago Pago 3.B.cPacket Pg. 87Attachment: Attachment B - Public Hearing Sign Posting 032922 (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 3.B.cPacket Pg. 88Attachment: Attachment B - Public Hearing Sign Posting 032922 (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 3.B.cPacket Pg. 89Attachment: Attachment B - Public Hearing Sign Posting 032922 (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) MERKLING DOCK 109 PAGO PAGO DR. W NAPLES, FL 34113 BDE APPLICATION PL20210001685 FEBRUARY 2022 PREPARED BY: 3.B.d Packet Pg. 90 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) @€Puztnlaoo/ bES tq 'Vb ff6.>. d. B. BackuL! provided by Applicant: PTEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BETOW. DO , . PROVIOE DUPLICATES OF ANY DOCUMENTS. PROVIDE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BETOW DOCUMENTATION. IF THE BACKUP PROVIDED 8Y APPIICANT lS lN DISARRAY-MEANING lT lS NOT lN THE PROPER ORDER AND/OR THE APPLICANT PROVIDES MULTIPLE DUPTICATE$THE APPTICANT COULD LOSE ITS HEARING DATE. y' Application, to include but not limited to the following: __!Z: Narrative of request / Wopefty lnformation l,' Property Ownership Disclosure Form y' Any other documents required by the specific petition type; such as a variance, a boat dock extension; PUD amendment, rezone request, etc. - Disclosure of Property Ownership lnterest (if there is additional documentation aside from disclosure form) _ Affidavit of Unified Control .,' L-rvoetz4n)- Affidavit of P€f,reserrtatio+ z' Drawings (may include Cross-section (for BDEs generally), proposed Boat Dock(s) with Water depth, location maps etc.) _ NIM lnformation (Sign in sheet, notes, minutes and transcript/or summary) / lnclude 3 thumbnail drives of video and/or audio _ Traffic lmpact Study (TlS) // Environmental Data/ *t/ *e..aro.< _ Historical/Archeological Survey or Waiver _ Utility Letter r'' Deviation Justifications /zr,-a,, i 3sa,"n7 4,*-.a Revi5ed 5/18/2018 Provide to Agents G\CD€S Pbnniq ServiE\Curem\ZqtiG ff lnbrmatbn\rob Aiies or Help Guides HEARING PACKAGE CHECKLIST A. Backup provided bythe County Planner The agent is responsible for all required data included in the digital file of information for the Hearing Examiner (Hex) or the Collier County Planning Commission (CCPC). DO NoT ACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE SURE ONTY THE IATEST, ACCEPTED/APPROVED COPY OF THE BETOW DOCUMENTATION. PTEASE CONFIRM THE DOCUMENTS ARE IN THE ORDER DESCRTBED IN "BACKUP PROVIOED BY APPLICANT." Planner responsible for providing the Countv Attornev-drafted Ordinance for PUDs and placing in backup mateTials. AG€NTS DO NOT INCTUDE THE PUD DOCUMENT - STAFF PROVIDES THIS TO THE COUNTY ATTORNEY WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOTUTION IS THE FIRST ITEM AFTER THE STAFF REPORT. [FOR HE& THE REQUESTED TANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE STAFF REPORT] 3.B.d Packet Pg. 91 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) ,/ Boundary Su1rcy, lt He.. *4t{ r'Other documents, as needed, on a case-by-case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any "private or legal" agreements affecting the PUD etc. -ljsubmerged Resource Surveys may be included here if required. "/ flash drive with onty one pdl f;le for all documents Signature of Agent Representative Date Printed Name of Signing Agent Representative Revised 5/18/2018 Provide to Agents G \CD€S Phnnirf, Servhs\CunedvooiG Statr lnfornEtbn\lob Ailes or Help Gukjes I understand that by submitting the above materials, it is the aSent's/applicant's responsibility to ensure all materials are in the same orderfor flash drive must contain the documents in one pdffile. lt is the agent's responsibility to ensure no documentation is left out. Nick Pearson 3/21/2022 3.B.d Packet Pg. 92 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 May 8, 2018 Page 1 of 6 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch. 3 B. of the Administrative Code THIS PETITION IS FOR (check one): DOCK EXTENSION BOATHOUSE PROJECT NUMBER PROJECT NAME DATE PROCESSED APPLICANT 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: ________________________________________________________________ PROPERTY LOCATION Section/Township/Range: / / Property I.D. Number: __________________ Subdivision: _____________________________________Unit: Lot: Block: Address/ General Location of Subject Property: _____________________________________________________________________________ Current Zoning and Land use of Subject Property: _____________________________________________________________________________ To be completed by staff 3.B.d Packet Pg. 93 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 May 8, 2018 Page 2 of 6 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ADJACENT ZONING AND LAND USE Zoning Land Use N S E W DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ SITE INFORMATION 1. Waterway Width: _______ ft. Measurement from plat survey visual estimate other (specify) 2. Total Property Water Frontage: _______ ft. 3. Setbacks: Provided: _______ ft. Required: _______ ft. 4. Total Protrusion of Proposed Facility into Water: _______ ft. 5. Number and Length of Vessels to use Facility: 1. _______ ft. 2. _______ ft. 6. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: __________________________________________________________________________________ __________________________________________________________________________________ 7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? _______ Acres 3.B.d Packet Pg. 94 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 May 8, 2018 Page 3 of 6 8. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes No If yes, please provide copies. PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner’s application is unable to launch or moor at mean low tide (MLT). (The petitioner’s application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) 3.B.d Packet Pg. 95 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 May 8, 2018 Page 4 of 6 SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property’s linear waterfront footage. (The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 I must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) 3.B.d Packet Pg. 96 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 3.B.d Packet Pg. 97 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 8/26/2021 3.B.d Packet Pg. 98 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): The property at 109 W Pago Pago Dr. is a single-family zoned rectangular parcel that is approximately 65’ x 110’. Currently, the parcel contains a single-family residence with a docking facility and boat canopy that protrudes approximately 19’ into the waterway from the property line (which is the most restrictive point) and which covers approximately 600 square feet of over-water structure. We propose to remove the existing docking facility and replace it with a re-configured dock structure with a single boat lift. The new dock will cover approximately 221 square feet of over water area and will protrude a maximum of 37’ from the face of the seawall/MHWL. The structure with lift will provide setbacks of 20’ on boat sides and will allow roughly 186’ of the existing waterway to remain for public navigability. The subject property abuts the Rookery Bay aquatic preserve and as such is subject to substantial restrictions regarding overwater structure. Specifically, the dock’s access walkway cannot exceed 4’ in width. The terminal platform (where loading/unloading onto a boat can occur) cannot exceed 160 square feet. And the dock overall cannot be constructed beyond the depth contour of 4’ at the average low tide (MLW). In order to best ingress and egress from the subject property’s dock with an approximately 35’ vessel, a shore perpendicular dock design would be the optimal configuration. Considering that no seagrasses could be found within 200’ of the property, that the dock will be built entirely within the owner’s riparian area, and numerous docks of similar or greater dimensions can be found in the surrounding area, we believe that this BDE would therefore allow the property owner to make reasonable use of the waterway and docking facility for mooring and other water-based recreational activities. 3.B.d Packet Pg. 99 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) Property Information 3.B.d Packet Pg. 100 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) $ 995,000 $ 228,000 $ 215,500 $ 0 $ 0 $ 717,860 $ 380,081 $ 1,097,941 $ 244,080 $ 853,861 $ 25,000 $ 828,861 $ 25,000 $ 803,861 Collier County Proper ty AppraiserProperty Summar y Parcel No 52393200002 SiteAddress*Disclaimer 109 PAGOPAGO DRW Site City NAPLES Site Zone*Note 34113 Name / Address MERKLING III, GEORGE J 109 PAGO PAGO DR W City NAPLES State FL Zip 34116 Map No.Strap No.Section Township Range Acres *Estimated 6B32 426700 2176B32 32 51 26 0.16 Legal ISLES OF CAPRI NO 2 LOT 217 Millage Area 91 Millage Rates *Calculations Sub./Condo 426700 - ISLES OF CAPRI UNIT 2 School Other Total Use Code 1 - SINGLE FAMILY RESIDENTIAL 5.016 6.2924 11.3084 Latest Sales Histor y (Not all Sales are listed due to Confidentiality) Date Book-Page Amount 09/22/14 5081-3430 06/03/97 2319-203 08/15/94 1976-483 11/01/87 1311-310 02/01/70 343-513 2020 Certified Tax Roll (Subject to Change) Land Value (+) Improved Value (=) Market Value (-) Save our Home (=) Assessed Value (-) Homestead (=) School Taxable Value (-) Additional Homestead (=) Taxable Value If all Values shown above equal 0 this parcel was created after theFinal Tax Roll 3.B.d Packet Pg. 101 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) Collier County Proper ty AppraiserProperty Detail Parcel No 52393200002 SiteAddress*Disclaimer 109 PAGOPAGO DRW Site City NAPLES Site Zone*Note 34113 Name / Address MERKLING III, GEORGE J 109 PAGO PAGO DR W City NAPLES State FL Zip 34116 Permits (Provided for reference purposes only. *Full Disclaimer. ) Tax Yr Issuer Permit #CO Date Tmp CO Final Bldg Type 0 COUNTY PRBD20180424408 06/20/18 ROOF 1998 COUNTY 9711-230 10/14/98 RESIDENCE 1998 COUNTY 9804-1941 DOCK 1998 COUNTY 9804-499 POOL 2015 COUNTY PRBD20141132298 04/12/16 2016 COUNTY PRBD20150101003 DOCK 2019 COUNTY PRBD20180210131 Land #Calc Code Units 10 RESIDENTIAL FF 65 Building/Extra Features #YearBuilt Description Area AdjArea 10 1998 RESIDENTIAL 2089 3527 20 1998 KEYSTONE DECK 208 208 30 1998 SWIMMING POOL 392 392 40 1998 ALUM SCREENENC 2938 2938 50 1998 W DECK 550 550 60 1998 WOOD DOCK 204 204 70 1964 SEAWALL 65 65 3.B.d Packet Pg. 102 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) Collier County Proper ty AppraiserProperty Aerial Parcel No 52393200002 SiteAddress*Disclaimer 109 PAGOPAGO DRW Site City NAPLES Site Zone*Note 34113 Open GIS in a New Window with More Features. 3.B.d Packet Pg. 103 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 6/10/2021 Collier County Property Appraiser https://www.collierappraiser.com/index.html?ccpaver=1710181149&ccpaver=1710181149 1/1 Collier County Proper ty Appraiser 3.B.d Packet Pg. 104 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) Property Ownership Disclosure Form 3.B.d Packet Pg. 105 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 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 3.B.d Packet Pg. 106 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 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: 3.B.d Packet Pg. 107 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 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 ____________________________________________ ____________ Agent/Owner Signature Date ____________________________________________ Agent/Owner Name (please print) 3.B.d Packet Pg. 108 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) Property Deed 3.B.d Packet Pg. 109 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 3.B.d Packet Pg. 110 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 3.B.d Packet Pg. 111 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) Pre-Application Meeting Notes 3.B.d Packet Pg. 112 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 3.B.d Packet Pg. 113 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 3.B.d Packet Pg. 114 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 3.B.d Packet Pg. 115 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 3.B.d Packet Pg. 116 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 3.B.d Packet Pg. 117 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 3.B.d Packet Pg. 118 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 3.B.d Packet Pg. 119 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 3.B.d Packet Pg. 120 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 3.B.d Packet Pg. 121 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 3.B.d Packet Pg. 122 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 3.B.d Packet Pg. 123 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 3.B.d Packet Pg. 124 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 3.B.d Packet Pg. 125 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 3.B.d Packet Pg. 126 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 3.B.d Packet Pg. 127 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 3.B.d Packet Pg. 128 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) Addressing Checklist 3.B.d Packet Pg. 129 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 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) 1 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) name not yet approved T51, R26, S32 3.B.d Packet Pg. 130 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 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 2 Fax Email/Fax:Phone: Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) 06/25/2021 52393200002 3.B.d Packet Pg. 131 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 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.SUBJECTPROPERTYSUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 25.9703694<> LONGITUDE:W -81.6978927SITE ADDRESS:<> 109 W. PAGO PAGONAPLES, 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:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-STATE\21016-STATE.dwg LOCATION 3/2/2021THESE 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.:NPBD02-26-2121016-3226MERKLING DOCKLOCATION MAP51-------------------01 OF 04COLLIER COUNTYCOLLIER COUNTY)7.(1(/':+%1)7.(1(/':+%18588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLES3.B.dPacket Pg. 132Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Affidavit of Representation 3.B.d Packet Pg. 133 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) PL202100016853.B.dPacket Pg. 134Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) BDE Drawings / Exhibits 3.B.d Packet Pg. 135 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 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.SUBJECTPROPERTYSUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 25.9703694<> LONGITUDE:W -81.6978927SITE ADDRESS:<> 109 W. PAGO PAGONAPLES, 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:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg LOCATION MAP 1/31/2022THESE 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.:NPRMJ01-31-2221016-3226MERKLING DOCKLOCATION MAP51-------------------01 OF 07COLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLES3.B.dPacket Pg. 136Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W NESW0102040SCALE IN FEETSITE ADDRESS:,109 W. PAGO PAGONAPLESFL34113Turrell, 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:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg EXISTING AERIAL 1/31/2022THESE 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.:NPRMJ01-31-2221016-3226MERKLING DOCKEXISTING AERIAL51-------------------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"MM-DD-YYYY-1.63'0.42'65'6001,31135'1 9 '4'4'EXISTINGCOVERED BOAT LIFTEXISTINGDOCKSUBJECT PROPERTYRIPARIAN LINEEXISTINGSEAWALL65'1 1 0 '65'RIPARIAN LINE1 1 0 '3.B.dPacket Pg. 137Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W P:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg 1/31/2022NESW051020SCALE 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:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg PROPOSED DOCK 1/31/2022THESE 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.:NPRMJ01-31-2221016-3226MERKLING DOCKPROPOSED DOCK51-------------------03 OF 074'PROPOSEDDOCKEXISTINGSEAWALLPROPOSEDLIFTAA04SUBJECT PROPERTY12'1 4 '8'12'1 3 ' 3 7 ' 1 5 '22'20'BB043 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 PROPERTY LINE:"BENCHMARK LAND SERVICES"MM-DD-YYYY-1.63'0.42'65'6001,31122122137'3.B.dPacket Pg. 138Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W 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:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg CROSS SECTIONS 1/31/2022THESE 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.:NPRMJ01-31-2221016-3226MERKLING DOCKCROSS SECTIONS51-------------------04 OF 07SECTION AASCALE: 1" = 6'ALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATE.MHW = 0.42' NAVD 88MLW = -1.63' NAVD 88PROPOSED LIFTPROPOSED DOCKSECTION BBSCALE: 1" = 8'PROPOSED DOCKALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATE.MHW = 0.42' NAVD 88MLW = -1.63' NAVD 8812'PROPOSED LIFT29'37' PROTRUSION12'7'13'17'EXISTINGSEAWALL3.B.dPacket Pg. 139Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W P:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg 1/31/2022NESW03060120SCALE 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:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg SUBMERGED RESOURCE SURVEY 1/31/2022THESE 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.:NPRMJ01-31-2221016-3226MERKLING DOCKSUBMERGED RESOURCE SURVEY51-------------------05 OF 07TYPICAL DIVE TRANSECTNO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200 FT OF THEPROPOSED PROJECTTRANSECT2 0 0 ' 1 0 '200'SUBJECT PROPERTY3.B.dPacket Pg. 140Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W P:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg 1/31/2022NESW050100200SCALE 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:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg ADJACENT DOCKS AND WIDTH OF WATERWAY 1/31/2022THESE 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.:NPRMJ01-31-2221016-3226MERKLING DOCKADJACENT DOCKS AND WIDTH OF WATERWAY51-------------------06 OF 071 8 6 '140'20 ' 1 9 ' 20 ' 20 '18'25'NOTE:THE DIMENSIONS SHOWN ARE APPROXIMATEAND ARE TAKEN FROM THE AERIAL IMAGE.SUBJECTPROPERTY37 '3.B.dPacket Pg. 141Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W P:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg 1/31/2022NESW03060120SCALE 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:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg ST OVERLAY 1/31/2022THESE 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.:NPRMJ01-31-2221016-3226MERKLING DOCKST OVERLAY51-------------------07 OF 07STOVERLAYSUBJECTPROPERTY3.B.dPacket Pg. 142Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Environmental Data (See Submerged Resource Survey) 3.B.d Packet Pg. 143 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) Primary Criteria 3.B.d Packet Pg. 144 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 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 appro ve 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 for a single-family residential unit which warrants no more than 2 slips per the CC-LDC. The proposed project consists of a single dock that will be used to moor just a single vessel. The number of slips is therefore appropriate, and this criteria is satisfied. 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 water depths at the subject property do not permit the existing lift to be utilized at low tide. The existing lift is utilized to moor an approximately ‘31 vessel (with motors included) in a shore parallel configuration. Mooring of a larger vessel at this location in the same configuration would therefore stand to have equal or bigger issues at low tide. Additionally, the designation of this area of isle of capri as part of the Rookery Bay aquatic preserve prevents dredging from ever occurring. This criteria is therefore satisfied. 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 dock project is not located within or adjacent to a marked or charted navigable channel. Accordingly, no impacts to navigation within a channel will occur as part of this project and this criteria is therefore satisfied. 4. Whether or not 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 3.B.d Packet Pg. 145 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) The approximate waterway width from the subject property to the nearest landmass is 1311’. The proposed dock protrusion will inhibit less than 5% of this distance. However, we also acknowledge that there is a fire department pier that parallels the subject property and which is much closer than the nearest opposite landmass. There will still be approximately 189’ of navigable space between the end of the proposed dock project and the fire department pier. The proposed dock would therefore be protruding less than 20% of the distance between the subject property and the fire department pier. Furthermore, following construction of the proposed dock, 50% of the width of waterway will remain for navigation. This criteria is therefore satisfied. 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 meets the required side yard setback of 15-feet and will not interfere with navigation due to protrusion. Furthermore, the dock will not interfere with public navigability or with ingress/egress to any of the neighboring docks. This criteria is therefore satisfied. 3.B.d Packet Pg. 146 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) Secondary Criteria 3.B.d Packet Pg. 147 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 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 main obstacle surrounding this property are the setbacks, the neighboring properties, and the aquatic preserve. Configuring a dock that can permanently moor a 35’ vessel inside of the standard 20’ protrusion limit and 15’ setbacks, and that also allows for ingress/egress without conflict from structures on neighboring properties is difficult or not possible to do in many cases. This is especially true considering that the aquatic preserve prevents dredging from occurring at this location . The simple solution is to provide mooring in a shore-perpendicular configuration. This avoids conflict with neighboring docks and allows for hassle-free mooring with easy access to the deepest water depths at the subject property. This criteria is satisfied. 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 typical buildable zone within the subject property’s riparian area (that does not require a BDE or side setback variance) is an approximately 35’ x 20’ box (or 700 square feet). The proposed docking facility will cover only about 221 square feet. Furthermore, the proposed dock is small enough to be considered exempt from needing a permit at the state level and is actually a reduction from the size of the existing facility. Almost all of the surrounding docks have more decking associated with them than which is being proposed in this petition. This criteria is therefore satisfied. 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 subject property has approximately 65’ of shoreline. The applicant’s vessel is 35’ in length, and therefore exceeds 50% of the length of shoreline. This criteria is therefore not satisfied. 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.) The existing facility on the subject property consists of a canopy and dock which collectively cover approximately 604 square feet of area. The new dock will not have 3.B.d Packet Pg. 148 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) a canopy and will cover only about 221 square feet of area. The new structure should therefore provide a net improvement to the views of the neighbors. This criteria is therefore satisfied. 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. The shoreline is comprised of vertaical seawall, and so no mangroves are present within the vicinity of the project either. This criteria is therefore satisfied. 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 project consists of a dock facility for a single-family residence and is therefore not subject to the requirements of the manatee protection plan per Collier County LDC subsection 5.03.06 E.11. However, the facility meets all requirements listed within the manatee protection plan for Collier County that apply towards single-family residences. This criteria is therefore satisfied. 3.B.d Packet Pg. 149 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) Professional Survey 3.B.d Packet Pg. 150 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 1 inch = 30' ft. GRAPHIC SCALE LAND SERVICES, INC. ENCHMARKB 3.B.d Packet Pg. 151 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) Submerged Resource Survey 3.B.d Packet Pg. 152 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 109 PAGO PAGO DR. W NAPLES, FL 34113 FOLIO #52393200002 SUBMERGED RESOURCE SURVEY REPORT APRIL 2021 PREPARED BY: 3.B.d Packet Pg. 153 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) Table of Contents 1 Introduction ....................................................................................................................................... 1 2 Objective ............................................................................................................................................. 2 3 Methodology ...................................................................................................................................... 3 4 Results ................................................................................................................................................. 4 5 Conclusion .......................................................................................................................................... 5 6 Photos .................................................................................................................................................. 6 3.B.d Packet Pg. 154 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 109 Pago Pago Dr. W (Folio #52393200002) Submerged Resource Survey April 2021 1 1 Introduction Turrell, Hall & Associates, Inc. (THA) has been contracted to provide environmental services in the form of a Submerged Resource Survey (SRS) at a property addressed as 109 Pago Pago Dr. W in Naples, FL 34113 and that can be identified by folio #52393200002. This survey will provide planning assistance to both the property owner and regulating agencies during any review processes for the proposed project, which consists of expanding on an existing private, recreational single-family docking facility with 2 boatlifts. The subject property consists of a 0.16-acre parcel that can be found on the north side of Pago Pago Dr. W, backing up to a Johnson Bay. The parcel currently contains a single-family residence with a seawall shoreline and an existing dock and boat-canopy. The property is neighbored to the south, east, and west by single-family residences, and to the north by an offshoot of Big Marco Pass. Nearly all surrounding lots contain additional docking facilities (with boatlifts) similar in size or larger to that which is proposed. The SRS was conducted on April 21st, 2021, between 9:00 and 11:00 a.m. Site conditions consisted of overcast skies and 5 mph winds out of the northeast. Water clarity was poor, allowing for submerged visibility of roughly only 12 to 18 inches on average. The ambient air temperature was approximately 75 degrees Fahrenheit and ambient water temperature was also approximately 75 degrees Fahrenheit. Low tide occurred prior to the site visit at 3:22 a.m. and reached approximately 0.0 ft. above the mean low water mark. High tide occurred during the site visit at 10:53 p.m. and reached 2.2 ft. above the mean low water mark. Low tide occurred again following the site visit at 3:46 pm and reached 1.4 ft. above the mean low water mark. 3.B.d Packet Pg. 155 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 109 Pago Pago Dr. W (Folio #52393200002) Submerged Resource Survey April 2021 2 2 Objective The objective of the SRS was to identify and locate any existing submerged resources within 200 feet of the proposed docking facility expansion. Ordinarily, if seagrasses or other resources are present within the vicinity of a project area, an analysis will be required regarding species, percent coverage, and impacts projected by the proposed project. The presence of resources may be ample cause for re-configuration of the design for projects over surface waters in order to minimize potentially incurred 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. • All findings of the SRS are then documented into a formal report with exhibits. 3.B.d Packet Pg. 156 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 109 Pago Pago Dr. W (Folio #52393200002) Submerged Resource Survey April 2021 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 200 ft. around the proposed site. The components utilized for this survey included: • Reviewing aerial photography of the surveyed area. • Establishing survey transect lines (spaced approximately 10 feet apart) overlaid onto aerials. • Physically swimming the transects, GPS locating the limits of any submerged resources found, and determining the percent coverage within the area. • Documenting and photographing all findings. The surveyed area was evaluated systematically by following the established transect lines throughout the project site as shown on the attached exhibit. Neighboring properties, docking facilities, and other landmarks provided reference markers which assisted in maintaining correct positioning over each transect. During this SRS, one THA staff member swam the transect lines using snorkel equipment while a second remained on the shore 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 quadrat. 3.B.d Packet Pg. 157 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 109 Pago Pago Dr. W (Folio #52393200002) Submerged Resource Survey April 2021 4 4 Results The substrate found within the surveyed area consists of a silty muck material with occasional shell debris. The substrate appeared consistent throughout the project site to the limits of the survey area. Additionally, depths increased gradually with distance from the shoreline to the center of the waterway. The shoreline at the project site consists of vertical seawall. No mangroves or other natural shoreline are found within the vicinity of the project site. There was also an existing docking facility and boat canopy present at the project site at the time of the site visit. Besides oysters found on the existing dock piles and seawall panels, no other vegetation, seagrasses, or other submerged resources were observed at the project site. As a result, no impacts to submerged resources are expected to occur as the result of the proposed project. A list of species observed during the SRS can be seen below in Table 1. Table 1: Observed species of wildlife and vegetation within the vicinity of the project site Common Name Scientific Name Common Bottlenose dolphin Tursiops truncatus Atlantic sheepshead Archosargus probatocephalus Eastern oyster Crassostrea virginica Common barnacle Balanus spp. Mangrove snapper Lutjanus griseus 3.B.d Packet Pg. 158 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 109 Pago Pago Dr. W (Folio #52393200002) Submerged Resource Survey April 2021 5 5 Conclusion The submerged resource survey was conducted and completed throughout a 200-foot radius surrounding the project site and yielded no results besides the oysters present on the dock piles and seawall panels. Accordingly, negative impacts to submerged resources are not expected as a result of the proposed project. 3.B.d Packet Pg. 159 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 109 Pago Pago Dr. W (Folio #52393200002) Submerged Resource Survey April 2021 6 6 Photos Photo 1: Existing docking facility on site. Photo 2: Seawall on site. 3.B.d Packet Pg. 160 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 109 Pago Pago Dr. W (Folio #52393200002) Submerged Resource Survey April 2021 7 Photo 3: View of waterway adjacent to subject property. Photo 5: Typical view of bottomlands found on site. 3.B.d Packet Pg. 161 Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 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.SUBJECTPROPERTYSUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 25.9703694<> LONGITUDE:W -81.6978927SITE ADDRESS:<> 109 W. PAGO PAGONAPLES, 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:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg LOCATION MAP 1/31/2022THESE 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.:NPRMJ01-31-2221016-3226MERKLING DOCKLOCATION MAP51-------------------01 OF 07COLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLES3.B.dPacket Pg. 162Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W NESW0102040SCALE IN FEETSITE ADDRESS:,109 W. PAGO PAGONAPLESFL34113Turrell, 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:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg EXISTING AERIAL 1/31/2022THESE 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.:NPRMJ01-31-2221016-3226MERKLING DOCKEXISTING AERIAL51-------------------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"MM-DD-YYYY-1.63'0.42'65'6001,31135'1 9 '4'4'EXISTINGCOVERED BOAT LIFTEXISTINGDOCKSUBJECT PROPERTYRIPARIAN LINEEXISTINGSEAWALL65'1 1 0 '65'RIPARIAN LINE1 1 0 '3.B.dPacket Pg. 163Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W P:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg 1/31/2022NESW051020SCALE 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:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg PROPOSED DOCK 1/31/2022THESE 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.:NPRMJ01-31-2221016-3226MERKLING DOCKPROPOSED DOCK51-------------------03 OF 074'PROPOSEDDOCKEXISTINGSEAWALLPROPOSEDLIFTAA04SUBJECT PROPERTY12'1 4 '8'12'1 3 ' 3 7 ' 1 5 '22'20'BB043 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 PROPERTY LINE:"BENCHMARK LAND SERVICES"MM-DD-YYYY-1.63'0.42'65'6001,31122122137'3.B.dPacket Pg. 164Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W P:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg 1/31/2022NESW03060120SCALE 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:\21016.00 Merkling-109 Pago Pago Dr. W\CAD\PERMIT-COUNTY\21016-BDE.dwg SUBMERGED RESOURCE SURVEY 1/31/2022THESE 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.:NPRMJ01-31-2221016-3226MERKLING DOCKSUBMERGED RESOURCE SURVEY51-------------------05 OF 07TYPICAL DIVE TRANSECTNO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200 FT OF THEPROPOSED PROJECTTRANSECT2 0 0 ' 1 0 '200'SUBJECT PROPERTY3.B.dPacket Pg. 165Attachment: Attachment C - Applicant's Backup (21757 : PL20210001685 BDE 109 Pago Pago Dr W 3.B.ePacket Pg. 166Attachment: Attachment D - Hybrid Meeting Waiver - PL20210001685 (21757 : PL20210001685 BDE 109 Pago Pago Dr W Merkling) 04/14/2022 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.C Item Summary: Petition No. VA-PL20200001985 - Request for 8.5-foot variance from the required side yard setback of 15 feet as provided for in Land Development Code Section 5.03.06.E.5 for dock facilities on lots with water frontage of 60 feet or greater. The request is to allow a dock facility at 6.5 feet from the west side property/riparian line located at 199 Eveningstar Cay, further described as Lots 3 and 4, Eveningstar Cay at Port of the Islands, in Section 9, Township 52 South, Range 28 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 1 Meeting Date: 04/14/2022 Prepared by: Title: Planner – Zoning Name: John Kelly 03/22/2022 5:17 PM Submitted by: Title: – Zoning Name: Mike Bosi 03/22/2022 5:17 PM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 03/22/2022 6:20 PM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 03/25/2022 4:15 PM Zoning Ray Bellows Review Item Completed 03/25/2022 4:28 PM Zoning Mike Bosi Zoning Director Review Completed 03/25/2022 5:02 PM Hearing Examiner Andrew Dickman Meeting Pending 04/14/2022 9:00 AM 3.C Packet Pg. 167 VA-PL20200001985; 199 Eveningstar Cay - Rampe Page 1 of 6 March 30, 2022 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION- ZONING SERVICES SECTION HEARING DATE: APRIL 14, 2022 SUBJECT: VA-PL20200001985, 199 EVENINGSTAR CAY, RAMPE DOCK _________________________________________________________________________ PROPERTY OWNER/APPLICANT: AGENT: Casey J. Rampe, as Trustee Randy McNeil Jerold M. Rampe and Cheryl J. Rampe Trust Naples Marine Construction 679 Victor Egypt Rd 3427 Enterprise Ave Victor, NY 14564 Naples, FL 34104 REQUESTED ACTION: Request for an after-the-fact 8.5-foot variance from the required side setback of 15 feet as provided for in Section 5.03.06.E.5 of the Collier County Land Development Code (LDC) for dock facilities on lots with water frontage of 60 feet or greater. The request is to allow a dock facility at 6.5 feet from the west side property/riparian line for a lot with 80± feet of water frontage. GEOGRAPHIC LOCATION: The subject property is located at 199 Eveningstar Cay and is further identified as Lots 3 and 4, Eveningstar Cay at Port of the Islands, in Section 9, Township 52 South, Range 28 East. Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject property comprises two 40-foot-wide lots, located within a Residential Multi-Family- 16 (RMF-16) Zoning District, for a combined total of 0.2± acres. The existing dock facility replaced a permitted dock facility (Permit No. 910000281) constructed in 1991 on a single lot. Research reveals that a deed was recorded in 2018 that demonstrates Lot 3 was combined with Lot 4 to create a double lot and that the owner had submitted a building permit application for the replacement dock (App. No. PRBD20180529249); however, it was not approved and was never issued because of the setback issue. It is likely that the property owner at that time did not realize (Continued on Page 3) 3.C.a Packet Pg. 168 Attachment: Staff Report 03302022 (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) VA-PL20200001985; 199 Eveningstar Cay - Rampe Page 2 of 6 March 30, 2022 3.C.aPacket Pg. 169Attachment: Staff Report 03302022 (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) VA-PL20200001985; 199 Eveningstar Cay - Rampe Page 3 of 6 March 30, 2022 Purpose/Description of Project (Continued from Page 1) that by combining the two lots they were increasing their water frontage which caused the side setback to increase from 7.5 feet (for lots with less than 60 feet of water frontage) to 15 feet (for lots with 60 feet or more of water frontage). Ownership of the subject property, now 2 combined lots, then transferred to the current owner who applied for yet another Building Permit to satisfy the permitting requirements for the replacement dock that had been constructed without a permit (App. No. PRBD20200517583); however, it too stalled because of the side setback issue. As per a Map of As-Built Survey dated 02/15/2021, see Attachment A, the existing dock facility is located 6.5 feet east of the depicted west side property/riparian line and therefore encroaches 8.5 feet into the required west side setback. Staff notes that the upland development of the subject property used an allowable zero side yard setback option; as such, the location of the existing dock facility appears to be somewhat offset. SURROUNDING LAND USE & ZONING: North: Canal then a multi-unit residential unit located within a Residential Multi- Family-16 (RMF-16) zoning district South: Eveningstar Cay right-of-way then community pool/recreation facility East: An unimproved lot located within a Residential Multi-Family-16 (RMF-16) zoning district West: An unimproved lot located within a Residential Multi-Family-16 (RMF-16) zoning district Collier County GIS 3.C.a Packet Pg. 170 Attachment: Staff Report 03302022 (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) VA-PL20200001985; 199 Eveningstar Cay - Rampe Page 4 of 6 March 30, 2022 Collier County GIS GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is in the Urban Designation, 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 previously noted, the subject petition seeks a variance for a proposed single-family boat dock facility which is an authorized use within this land use designation, therefore, the use is consistent with the FLUM. The GMP does not address individual variance requests; the Plan deals with the larger issue of the actual land use. ZONING ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.03.A–H (in bold font below). Staff has analyzed this petition relative to these provisions and offers the following responses: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. The existing property comprises two lots that have been combined for development which caused the required side setback to increase from 7.5 feet to 15 feet. It must be noted that the subject dock replaced another that had a similar encroachment issue, but which never raised a concern. 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. Again, the subject property comprises two lots that were combined for development 3.C.a Packet Pg. 171 Attachment: Staff Report 03302022 (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) VA-PL20200001985; 199 Eveningstar Cay - Rampe Page 5 of 6 March 30, 2022 prior to the current owner taking possession of the property. Additionally, the unpermitted replacement dock was built prior to transfer of ownership to the present owner. The current owner is attempting to bring the subject dock into compliance with the Land Development Code as best as they are able. The applicant has obtained a letter from the President of the Homeowner’s Association indicating the new dock does not appear to inhibit the neighboring property anymore than the prior dock would have; see Attachment D. 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? The applicant’s agent states: “Yes, there is no reason this dock doesn’t work for everyone. The variance is at the seawall and the dock is already constructed. The old dock was slightly further into the requested setback of 6.5’.” Staff agrees that a literal interpretation of the Code would compel modifications that could impact the integrity of the built design; however, staff is unable to verify the extent of any prior encroachment issue. 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? The applicant’s agent states: “Yes, request is based on existing dock which would be the minimum variance.” Staff agrees that the proposed dock has been designed to align with the upland principal structure and yields a minimal amount of excess decking given the amount of water frontage. e. Will granting the Variance confer on the applicant any special privilege th at is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. By definition, a Variance bestows some dimensional relief from the zoning regulations specific to a site. LDC Section 9.04.02 allows relief through the Variance process for any dimensional development standard. However, other properties facing a similar situation are entitled to make a similar request and would be conferred equal consideration on a case-by- case basis. f. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. The granting of the subject variance request will be in harmony with the general intent and purpose of the LDC and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Furthermore, approval of the requested variance will allow for issuance of the building permit which will allow for mandatory inspections to occur thereby ensuring public safety. g. Are there natural conditions or physically induced conditions that ameliorate the goals 3.C.a Packet Pg. 172 Attachment: Staff Report 03302022 (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) VA-PL20200001985; 199 Eveningstar Cay - Rampe Page 6 of 6 March 30, 2022 and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The subject property is located near the end of a canal that serves to reduce any boat traffic in the vicinity. h. Will granting the Variance be consistent with the Growth Management Plan? Yes, approval of this Variance will not affect or change the requirements of the GMP with respect to density, intensity, compatibility, access/connectivity, or any other applicable provisions. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC does not normally hear variance petitions. Since the subject variance doesn’t impact any preserve area, the EAC did not hear this petition. CONCURRENT LAND USE APPLICATIONS: None. PUBLIC NOTICE: Notice Requirements for Variance petitions are contained within LDC Section 10.03.06.F.2. The required Agent Letter was sent to all property owners located within 150 feet of the subject property and the Evening Star Cay Neighborhood Association on January 19, 2022, as evidenced by an executed Affidavit of Compliance contained within Attachment D. Notice of the Hearing Examiner hearing was provided by newspaper advertisement, mailed notice to owners within 500 feet of the site, and posting of a public notice sign on the site at least 15 days prior to the hearing. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve variance petition VA- PL20200001985 to reduce the minimum east side/riparian setback from 15 feet to 6.5 feet, thereby allowing for the issuance of a building permit for the dock facility depicted within Attachment A, for the benefit of the subject property. As a condition of approval, the applicant must obtain a Certificate of Occupancy/Completion for the subject dock facility. Attachments: A. Map of As-Built Survey, 02/15/2021 B. Public Hearing Sign Posting C. SDP 90-107 D. Applicant’s Backup: Application, Narrative, Agent Letter Info E. HEX Hybrid Meeting Waiver F. Public Correspondence 3.C.a Packet Pg. 173 Attachment: Staff Report 03302022 (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.bPacket Pg. 174Attachment: Attachment A - Map of AsBuilt Survey (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.c Packet Pg. 175 Attachment: Attachment B - Public Hearing Sign Posting 032922 (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.c Packet Pg. 176 Attachment: Attachment B - Public Hearing Sign Posting 032922 (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.c Packet Pg. 177 Attachment: Attachment B - Public Hearing Sign Posting 032922 (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.d Packet Pg. 178 Attachment: Attachment C - SDP 90-107 (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.d Packet Pg. 179 Attachment: Attachment C - SDP 90-107 (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.d Packet Pg. 180 Attachment: Attachment C - SDP 90-107 (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.d Packet Pg. 181 Attachment: Attachment C - SDP 90-107 (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.d Packet Pg. 182 Attachment: Attachment C - SDP 90-107 (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.d Packet Pg. 183 Attachment: Attachment C - SDP 90-107 (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.d Packet Pg. 184 Attachment: Attachment C - SDP 90-107 (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.d Packet Pg. 185 Attachment: Attachment C - SDP 90-107 (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.d Packet Pg. 186 Attachment: Attachment C - SDP 90-107 (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.d Packet Pg. 187 Attachment: Attachment C - SDP 90-107 (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.d Packet Pg. 188 Attachment: Attachment C - SDP 90-107 (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.d Packet Pg. 189 Attachment: Attachment C - SDP 90-107 (21756 : PL20200001985 3.C.d Packet Pg. 190 Attachment: Attachment C - SDP 90-107 (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.e Packet Pg. 191 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.e Packet Pg. 192 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.e Packet Pg. 193 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.e Packet Pg. 194 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.e Packet Pg. 195 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.e Packet Pg. 196 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.e Packet Pg. 197 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.e Packet Pg. 198 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.e Packet Pg. 199 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.e Packet Pg. 200 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.e Packet Pg. 201 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.e Packet Pg. 202 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.e Packet Pg. 203 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.e Packet Pg. 204 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.e Packet Pg. 205 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.e Packet Pg. 206 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.e Packet Pg. 207 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.e Packet Pg. 208 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.e Packet Pg. 209 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.e Packet Pg. 210 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.ePacket Pg. 211Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe 3.C.ePacket Pg. 212Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe 3.C.e Packet Pg. 213 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.e Packet Pg. 214 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.e Packet Pg. 215 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.e Packet Pg. 216 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.e Packet Pg. 217 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.e Packet Pg. 218 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.e Packet Pg. 219 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.e Packet Pg. 220 Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.ePacket Pg. 221Attachment: Attachment D - Agents Backup (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe 3.C.f Packet Pg. 222 Attachment: Attachment E - HEX Hybrid Meeting Waiver (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.gPacket Pg. 223Attachment: Attachment F - Public Correspondence (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.gPacket Pg. 224Attachment: Attachment F - Public Correspondence (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.gPacket Pg. 225Attachment: Attachment F - Public Correspondence (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.gPacket Pg. 226Attachment: Attachment F - Public Correspondence (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.gPacket Pg. 227Attachment: Attachment F - Public Correspondence (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.gPacket Pg. 228Attachment: Attachment F - Public Correspondence (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.gPacket Pg. 229Attachment: Attachment F - Public Correspondence (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.gPacket Pg. 230Attachment: Attachment F - Public Correspondence (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.gPacket Pg. 231Attachment: Attachment F - Public Correspondence (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 3.C.gPacket Pg. 232Attachment: Attachment F - Public Correspondence (21756 : PL20200001985 VA 199 Eveningstar Cay Rampe Dock) 04/14/2022 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.D Item Summary: Petition No. DR-PL20210002480 - A request for approval of a site plan with deviations from LDC 4.02.16.B Table 7 to reduce the eastern minimum side yard from ten feet to zero feet and from LDC 4.02.16.E.2.a.ii to reduce the required shared landscape buffer from ten feet to five feet and reduce the property’s minimum landscape buffer contribution from five feet to zero feet, for the redevelopment of Naples Classic Car, located at Lots 49-53, Block A, Rock Creek Park, also known as 3066 Terrace Ave in Section 2, Township 50 South, Range 25 East, Collier County, Florida [Coordinator: Gabriela Castro, Principal Planner] Commission District 4 Meeting Date: 04/14/2022 Prepared by: Title: Principal Planner – Zoning Name: Gabriela Castro 03/17/2022 3:02 PM Submitted by: Title: – Zoning Name: Mike Bosi 03/17/2022 3:02 PM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 03/17/2022 5:21 PM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 03/22/2022 1:23 PM Zoning Ray Bellows Review Item Completed 03/22/2022 1:34 PM Zoning Mike Bosi Review Item Completed 03/22/2022 2:12 PM Hearing Examiner Andrew Dickman Meeting Pending 04/14/2022 9:00 AM 3.D Packet Pg. 233 Page 1 of 8 DR- PL20210002480 Naples Classic Car March 17, 2022 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING SERVICES SECTION, GROWTH MANAGEMENT DEPARTMENT HEARING DATE: APRIL 14, 2022 SUBJECT: NAPLES CLASSIC CAR, SITE PLAN WITH DEVIATIONS, DR-PL20210002480 ______________________________________________________________________________ APPLICANT/OWNER: AGENT: Al Leradi Jessica Klutz Davis Terrace Reality LLC Davidson Engineering, Inc 2630 Pine Ridge Rd 4365 Radio Rd, Suite 201 Naples Fl, 34109 Naples, FL 34104 REQUESTED ACTION: The applicant requests that the Hearing Examiner consider an application for approval of a site plan with deviations pursuant to Land Development Code (LDC) Section 10.02.03.F and seeks two deviations, including: one deviation from LDC 4.02.16.B Table 7 to reduce the eastern minimum side yard from ten feet to zero feet and one deviation from LDC 4.02.16.E.2.a.ii to reduce the required shared landscape buffer from ten feet to five feet and reduce the property’s minimum landscape buffer contribution from five feet to zero feet. GEOGRAPHIC LOCATION: The subject property is located approximately 750 feet from the Davis Boulevard and South Airport Road on the northwest quadrant, also known as 3045 Davis Boulevard and 3066 Terrace Avenue in Section 2, Township 50 South, Range 25 East, Collier County, Florida, consisting of 1.1 ± acres. (see location map on page 2) 3.D.a Packet Pg. 234 Attachment: Staff Report Naples Classic Car (21727 : PL20210002480 Naples Classic Car DR) Page 2 of 8 DR- PL20210002480 Naples Classic Car March 17, 2022 3.D.aPacket Pg. 235Attachment: Staff Report Naples Classic Car (21727 : PL20210002480 Naples Classic Car DR) Page 3 of 8 DR- PL20210002480 Naples Classic Car March 17, 2022 PURPOSE AND DESCRIPTION OF PROJECT: In 1973, the property owners installed a metal steel frame building. In 2015, Davis Terrace Reality LLC acquired this property and the southern parcel located at 3045 Davis Boulevard. In 2016 a site development plan (SDP PL20160001805) was done for the southern parcel and in 2018 a site development amendment (SDPA PL20180001929) was for the northern property next to the metal steel building that the applicant now wants to demolish and rebuild. (See Attachment C and D) As previously stated, the structure has been there since 1973 and the owner wants to demo and rebuild the building using the standards from when the building was originally permitted. In 1973, this property was zoned C-1 and the land development code (LDC) at the time was from 1968, please see attachment B. In that LDC the minimum side yard was allowed to be “none- party walls are permitted and required landscaping buffers had not been established yet. This resulted in a steel building that was located right on the property line, today the owner wants to rebuild the building in the location where it is currently located, for that to happen two deviations are required. A summary is provided here: 1. Deviation from LDC Section 4.02.16.B.1.ii. Table 7, to reduce the ten-foot setback to zero feet along the eastern property line. 2. Deviation from LDC Section 4.06.02 C Table 2.4 and LDC Section 4.02.16.E.2.a.ii., which requires a shared 10’ type A landscape buffer between commercial uses with a minimum of 5’ on each lot, to reduce the requirement to zero feet. This property is located in the Gateway Triangle Mixed-Use Overlay District part of the purpose and intent of the overlay is to encourage the revitalization of this area. 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 currently developed with Naples Classic Car, a luxury car sales and repair and is zoned Heavy Commercial District (C-5) within the Gateway Triangle Mixed-Use Overlay Mixed Use Subdistrict (GTMUD-MXD): North: Two-lane Terrace Avenue, then developed with Ultimate Garages, a luxury car indoor storage, and a building with multiple tenants with a zoning designation of C- 5 GTMUD-MXD East: Developed with a used car dealership and parking lot with a zoning designation of C- 5 GTMUD-MXD South: Six lane Davis Boulevard then developed property with auto parts store with a zoning designation of C-5 GTMUD-MXD West: Developed with a window tinting company with a zoning designation of C-5 GTMUD-MXD 3.D.a Packet Pg. 236 Attachment: Staff Report Naples Classic Car (21727 : PL20210002480 Naples Classic Car DR) Page 4 of 8 DR- PL20210002480 Naples Classic Car March 17, 2022 Collier County GIS APPLICANT’S JUSTIFICATION FOR REQUESTED DEVIATION: The petitioner is seeking two (2) deviations from the requirements of the Land Development Code (LDC). The deviation is listed below with staff analysis and recommendations. Proposed Deviation #1: “Deviation 1 seeks relief from LDC Section 4.02.16.B.1.ii. Table 7, which requires a 10 -foot side yard setback in C-5 zoning districts with the GTMUD-MXD overlay, to allow for the redevelopment of an existing structure with the current side yard of 0 feet without addi tion of hoods, canopies, or roof overhangs.” Subject Property Deviation Area 3.D.a Packet Pg. 237 Attachment: Staff Report Naples Classic Car (21727 : PL20210002480 Naples Classic Car DR) Page 5 of 8 DR- PL20210002480 Naples Classic Car March 17, 2022 Petitioner’s Justification: A site plan with deviations may be requested for the redevelopment of a site which meets the criteria for an SDP or SDPA. Under PL20160001805 an SDP was submitted to the county and accepted on 6/22/2017 and under PL20180001929 an SDPA was submitted to the county and accepted on 7/13/2019. In accordance with LDC section 10.02.03 F, “redevelopment” shall mean the renovation, restoration, or remodeling of a building or structure, or required infrastructure, in whole or in part, where the existing buildings, structures or infrastructure were legally built and installed. To create a functional site that is also safe and could withstand hurricane force winds, the existing metal steel frame building permitted in 1973 must be renovated in whole and replaced with a more modern structure. The foundation of the building will also be raised 7 inches to meet FEMA design flood elevation, match adjacent structures and allow for cars to be moved on the site and within the buildings easily without steep ramps. The building’s footprint will remain the same size but moved 4 feet and 7 inches south to allow for articulation along the North side of the property which faces the street, enhancing the architectural value. The 0-foot side yard is needed to allow for a usable site plan, keeping a structure large enough to park cars within while not interfering with other site functions. The proposed structure does not have a hood, canopy, or roof overhang, so there will be no projection into the side yard, complying with LDC 4.02.01.D.8. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Staff has evaluated the proposed deviation to the site plan and found no issue with consistency. Therefore, Zoning and Development Review staff recommends APPROVAL of this deviation. “Deviation 2 seeks relief from LDC Section 4.06.02 C Table 2.4 and LDC Section 4.02.16.E.2.a.ii., which requires a shared 10’ type A landscape buffer between commercial uses to allow for the redevelopment of an existing structure with a side yard of 0’ along the east side of the property. In addition to the code required plantings, 4 trees with a minimum height of 10’ will be provided along the North façade of the building.” Petitioner’s Justification: A zero-foot setback does not allow for space for a landscape buffer, so a deviation from LDC Section 4.06.02 C Table 2.4 is required. To mitigate this, enhanced landscaping will be installed along the north face of the redeveloped structure in the form of the four trees that would be required in a Type A buffer along the 100’ East edge of the building. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Landscape Review staff has evaluated the proposed deviation to the site plan and found no issue with consistency. Therefore, Zoning and Development Review staff recommends APPROVAL of this deviation. STAFF ANALYSIS: Staff has reviewed the requested against the established criteria for Site Plans with Deviations 3.D.a Packet Pg. 238 Attachment: Staff Report Naples Classic Car (21727 : PL20210002480 Naples Classic Car DR) Page 6 of 8 DR- PL20210002480 Naples Classic Car March 17, 2022 under LDC Section 10.02.03.F.7 and provide the below analysis. a. Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. Staff has described the existing land use pattern in the “Surrounding Land Use and Zoning” portion of this report. The proposed deviations will not change the permitted land uses and densities within the development. b. The proposed development is consistent with the Growth Management Plan. Staff is of the opinion that the project as proposed will remain consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. S taff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP, because uses are not changing with this amendment as the owner has been operating his business with the existing building, c. The development shall have a beneficial effect both upon the area in which it is proposed to be established and upon the unincorporated area as a whole. The proposed deviations will not change the permitted land uses and densities within the development. Staff is of the opinion that the proposed improvement will have a beneficial effect for the surrounding neighborhood and unincorporated Collier County for this currently developed property, as the new building would require the building to be built to today's safety standards and the new building would complement the new surrounding buildings. d. The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose The proposed deviations will not change the current land area within the development and are adequate to serve the intended purpose. e. Streets, utilities, drainage facilities, recreation areas, sizes, and yards, architectural features, vehicular parking and loading facilities, sight distances, landscaping, and buffers shall be appropriate for the particular use involved. The proposed deviations are intended to acknowledge the referenced features of the site as previously approved should continue, because this has proven appropriate for the use. The applicant has agreed to add an additional four trees to the north property line to compensate for the zero-foot landscaped buffer on the east side. f. Visual character of the project shall be equal or better in quality than that required by the development standards for the zoning district. The visual character of the project shall be 3.D.a Packet Pg. 239 Attachment: Staff Report Naples Classic Car (21727 : PL20210002480 Naples Classic Car DR) Page 7 of 8 DR- PL20210002480 Naples Classic Car March 17, 2022 better in quality than the existing project before redevelopment and after it was first permitted. The new building will be designed to the new Florida Building Code standards to withstand high- velocity wind speeds as well as the building will be brought up in elevation to comply with FEMA standards. Visually the applicant has proposed additional landscaping along the north side to enhance the visual character that the existing building does not provide to driver and pedestrian using Terrace Avenue. g. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. At the time of the Site Development Plan Amendment and Building Permit processing, the proposed development improvement is subject to reliable and continuing maintenance requirements as well as standard confirmation and authorization of common ownership(s). h. Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. Staff finds that the deviations are clearly delineated and is the minimum required to achieve the goals of the project. i. The petitioner has provided enhancements to the development. The act of demolishing and rebuilding a new building provides an enhancement to the development as well as the additional landscaping proposed along Terrace Avenue. j. Approval of the deviation(s) will not have an adverse effect on adjacent properties. Staff has described the existing land use pattern in the “Surrounding Land Use and Zoning” portion of this report. Further, based on the information provided in the application the proposed deviations are requested to allow for setback and landscaping conditions that were previously authorized by past approvals. Thus, the granting of these deviations will result in updated conditions that are consistent with past conditions, not adversely affecting adjacent properties. Landscape Review: Given that the site has existed with no buffer along the portion of the East buffer where the building is currently located, and that 4 trees will be provided in addition to the North buffer and foundation planting requirements, staff sees no detrimental effects resulting from the approval of deviation 2. Environmental Review: Environmental Planning staff has reviewed this petition. The request is to demolish the existing building and rebuild the structure with a setback deviation. Preservation of native vegetation is not required since the property has been developed and does not contain a preservation area or listed species. This project does not require Environmental Advisory Council 3.D.a Packet Pg. 240 Attachment: Staff Report Naples Classic Car (21727 : PL20210002480 Naples Classic Car DR) Page 8 of 8 DR- PL20210002480 Naples Classic Car March 17, 2022 (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. PUBLIC NOTICE: Notice about the April 14, 2022, Hearing Examiner hearing was provided by newspaper advertisement and mailed notice to owners within 500 feet of the site. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approves Naples Classic Car., Site Plan with Deviations, DR-PL20210002480, Petition, with the following condition: 1. The Naples Classic Car, shall be limited to deviations that are depicted in Attachment A. Attachments: A. Site Plan with Deviation B. Section 11.16 from 1968 LDC C. Approved SDPA PL20180001929 site plan D. Approved SDPA PL20180001929 landscape plan E. Applicant Backup Materials 3.D.a Packet Pg. 241 Attachment: Staff Report Naples Classic Car (21727 : PL20210002480 Naples Classic Car DR) 10 ® 4 C-20.004365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060 F: 239.434.6084Company Cert. of Authorization No. 00009496DESIGNED BY:DRAWN BY:CHECKED BY:PROJECT NO.:A.R.L.D.A.R.18-0033ANDREW E. RATH, P.E. NO. 73996 SHEET NO:SHEET TITLE:PROJECT:REVISIONSCLIENT:DATE:REV.DESCRIPTIONDAVIS TERRACEREALTY,LLC2630 PINE RIDGE ROADNAPLES, FL 34109NAPLES CLASSIC CAR01/06/2022REVISIONMASTER SITE PLANLEGEND GENERAL NOTES: FLOOD ZONE INFO. C-20.01 3.D.b Packet Pg. 242 Attachment: A Naples Classic Car Site Plan (21727 : PL20210002480 Naples Classic Car DR) 10 ® GENERAL NOTES: FLOOD ZONE INFO. C-20.004365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060 F: 239.434.6084Company Cert. of Authorization No. 00009496DESIGNED BY:DRAWN BY:CHECKED BY:PROJECT NO.:A.R.L.D.A.R.18-0033ANDREW E. RATH, P.E. NO. 73996 SHEET NO:SHEET TITLE:PROJECT:REVISIONSCLIENT:DATE:REV.DESCRIPTIONDAVIS TERRACEREALTY,LLC2630 PINE RIDGE ROADNAPLES, FL 34109NAPLES CLASSIC CAR01/06/2022REVISIONSITE PLAN WITH DEVIATIONSLEGEND SCHEDULE OF DEVIATIONS LEGEND 3.D.b Packet Pg. 243 Attachment: A Naples Classic Car Site Plan (21727 : PL20210002480 Naples Classic Car DR) 3.D.cPacket Pg. 244Attachment: B 11.6 1968 LDC (21727 : PL20210002480 Naples Classic Car DR) 3.D.cPacket Pg. 245Attachment: B 11.6 1968 LDC (21727 : PL20210002480 Naples Classic Car DR) 3.D.cPacket Pg. 246Attachment: B 11.6 1968 LDC (21727 : PL20210002480 Naples Classic Car DR) 3.D.dPacket Pg. 247Attachment: C Approved PL20180001929 site plan (21727 : PL20210002480 Naples Classic Car DR) 3.D.dPacket Pg. 248Attachment: C Approved PL20180001929 site plan (21727 : PL20210002480 Naples Classic Car DR) 3.D.dPacket Pg. 249Attachment: C Approved PL20180001929 site plan (21727 : PL20210002480 Naples Classic Car DR) 3.D.dPacket Pg. 250Attachment: C Approved PL20180001929 site plan (21727 : PL20210002480 Naples Classic Car DR) 3.D.dPacket Pg. 251Attachment: C Approved PL20180001929 site plan (21727 : PL20210002480 Naples Classic Car DR) 3.D.dPacket Pg. 252Attachment: C Approved PL20180001929 site plan (21727 : PL20210002480 Naples Classic Car DR) 3.D.dPacket Pg. 253Attachment: C Approved PL20180001929 site plan (21727 : PL20210002480 Naples Classic Car DR) 3.D.dPacket Pg. 254Attachment: C Approved PL20180001929 site plan (21727 : PL20210002480 Naples Classic Car DR) 3.D.dPacket Pg. 255Attachment: C Approved PL20180001929 site plan (21727 : PL20210002480 Naples Classic Car DR) 3.D.ePacket Pg. 256Attachment: D Approved PL20180001929 landscape plan (21727 : PL20210002480 Naples Classic Car DR) 3.D.ePacket Pg. 257Attachment: D Approved PL20180001929 landscape plan (21727 : PL20210002480 Naples Classic Car DR) Created May 11, 2017 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides CPC PACKAGE CHECKLIST FOR APPLICANTS/AGENTS Return this form with printed materials (FOR PUDS) Please check each item as a method for tracking that all required data is included in the printed packets of information for the Collier County Planning Commission Board Members. DO NOT INCLUDE A COPY OF THE FINAL PUD ORDINANCE. COUNTY ATTORNEY INCLUDES THIS IN THE ORDINANCE. DO NOT PROVIDE DUPLICATES OF ANY DOCUMENTS ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. Backup provided by Applicant: Include a CD Disk with only one pdf file for all documents in the same order as the packets are put together. They must be in the same order. x____ Application x____ Narrative of rezone request x____ Property Information x____ Property Ownership and general description of site ____ Disclosure of Interest ____ Affidavit of Unified Control x____ Affidavit of Representation ____ NIM Information (Sign in sheet, notes, minutes and/or summary) x____ Traffic Impact Study (TIS) ____ Environmental Data ____ Historical/Archeological Survey or Waiver ____ Utility Letter x____ Deviation Justifications ____ Boundary Survey ____ PUD Ordinance (the *last submitted Ordinance with strikethrough – color preferred) x____ Other documents, as needed, on a case-by-case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any “private or legal” agreements affecting the PUD etc. ___ 3 thumbnail drives of audio and/or video of Neighborhood Information Meeting I understand that by submitting the above materials, it is the agent/applicant’s responsibility to ensure all materials are in the same order for all copies of backup materials to provide to the CCPC and the CD must contain the documents in one pdf file (not multiple files) in the same order as the printed materials. It is the agent’s responsibility to ensure no documentation is left out. 03-14-2022__________ Date ________________________________________ Signature of Agent Representative ______Jessica Kluttz_____________________ Printed Name of Signing Agent Representative 3.D.f Packet Pg. 258 Attachment: E Applicant Backup Materials (21727 : PL20210002480 Naples Classic Car DR) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 1/25/2019 Page 1 of 3 SITE PLAN WITH DEVIATIONS FOR REDEVELOPMENT LDC Section 10.02.03 F Ch. 6 I of the Administrative Code PROJECT NUMBER PROJECT NAME DATE PROCESSED APPLICANT 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: ________________________________________________________________ CORRESPONDING SDP, SDPA, SIP INFORMATION This application shall be submitted in conjunction with one of the following: site development plan, site development plan amendment, or site improvement plan. PROJECT NAME/PL # IF KNOWN: ________________________________________________________ PLANNER/PROJECT MANAGER, IF KNOWN: ________________________________________________ DATE OF SUBMITTAL OF SDP/SDPA/SIP: __________________________________________________ To be completed by staff 3.D.f Packet Pg. 259 Attachment: E Applicant Backup Materials (21727 : PL20210002480 Naples Classic Car DR) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 1/25/2019 Page 2 of 3 INFORMATION REGARDING DEVIATION REQUESTS A site plan with deviations for redevelopment provides a means for a redevelopment project to seek dimensional deviations (excluding height), architectural deviations, and deviations from site features, such as but not limited to, landscaping, parking, and buffers, from the standards established in the LDC when the passing of time has rendered certain existing buildings, structures, or site features nonconforming. A site plan with deviations may be requested for the redevelopment of a site which meets the criteria for a site development plan, site development plan amendment or a site improvement plan as established in LDC section 10.02.03. Except for the requested deviations, the site plan shall comply with LDC section 10.02.03. In accordance with LDC section 10.02.03 F, “redevelopment” shall mean the renovation, restoration, or remodeling of a building or structure, or required infrastructure, in whole or in part, where the existing buildings, structures or infrastructure were legally built and installed. DEVIATION REQUESTS The application must address the follow requirements. Please attach the required narratives and explanations. 1.A narrative of the redevelopment project and how it is consistent with the standards for approval, LDC section 10.02.03 F.7. 2.Description of each requested deviation and justification for each request. Requested deviations shall be clearly delineated in the petition. The LDC section for which the deviation seeks relief from shall be identified. 3.Must provide a copy of the building permits and certificates of occupancy for all buildings subject to the DR application to verify the applicable Code at the time of construction. 4.Project enhancements to offset or minimize the deviations shall be clearly identified on the site plan and explanation provided. 5.Deviation Request types: Zoning Deviation Requests - Check all that may be impacted by the request. ❑Dimensional standards (excluding height):___________________________________________________ ❑Parking ❑Architectural ❑Landscape / Buffers ❑ Other site features: ____________________________________________________________________ Engineering Deviation Requests - Check all that may be impacted by the request. ❑Stormwater ❑Pathways ❑Transportation Planning ❑Other site features: ____________________________________________________________________ X X 3.D.f Packet Pg. 260 Attachment: E Applicant Backup Materials (21727 : PL20210002480 Naples Classic Car DR) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 1/25/2019 Page 3 of 3 SUBMITTAL REQUIREMENTS CHECKLIST REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT REQUIRED Completed Site Development Plan with Deviations for Redevelopment Application 1 Completed SDP/SDPA/SIP application and all associated materials, including all site plan documents. 1 Copy for the Pre-Application Notes, if not submitted with SDP/SDPA/SIP 1 Affidavit of Authorization, signed and notarized 1 Electronic Copy of all documents and plans on CD If application is being submitted as a paper submittal. Not required for electronic submittals. 1 ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARNG PROCESS: •At the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated planner. •Please contact the planner to confirm the number of additional copies required. FEE REQUIREMENTS  Site Plan for Redevelopment: $1,000.00  Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00 All checks payable to: Board of County Commissioners The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department/Zoning Division ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 3.D.f Packet Pg. 261 Attachment: E Applicant Backup Materials (21727 : PL20210002480 Naples Classic Car DR) 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com D esigning E xcellence Civil Engineering • Planning • Permitting List of Requested Deviations from LDC Naples Classic Car SDP Deviation PL20210002480 Submitted: January 4, 2022 Revised on: January 31, 2022 The subject site is located on folio 70720500001 where along the East property line there is an existing metal structure that was permitted to be built in 1973 with a 0’ setback. This deviation requests that the building can be rebuilt with the same dimensions along the Eastern property line, which deviates from the current LDC codes for side yards. Deviation 1: Deviation from LDC Section 4.02.16.B.1.ii. Table 7, which requires a 10-foot side yard setback in C-5 zoning districts with the GTMUD-MXD overlay, to allow for the redevelopment of an existing structure with the current side yard of 0 feet without addition of hoods, canopies, or roof overhangs. Justification: A site plan with deviations may be requested for the redevelopment of a site which meets the criteria for an SDP or SDPA. Under PL20160001805 an SDP was submitted to the county and accepted on 6/22/2017 and under PL20180001929 an SDPA was submitted to the county and accepted on 7/13/2019. In accordance with LDC section 10.02.03 F, “redevelopment” shall mean the renovation, restoration, or remodeling of a building or structure, or required infrastructure, in whole or in part, where the existing buildings, structures or infrastructure were legally built and installed. To create a functional site that is also safe and could withstand hurricane force winds, the existing metal steel frame building permitted in 1973 must be renovated in whole and replaced with a more modern structure. The foundation of the building will also be raised 7 inches to meet FEMA design flood elevation, match adjacent structures and allow for cars to be moved on the site and within the buildings easily without steep ramps. The building’s footprint will remain the same size but moved 4 feet and 7 inches south to allow for articulation along the North side of the property which faces the street, enhancing the architectural value. The 0-foot side yard is needed to allow for a usable site plan, keeping a structure large enough to park cars within while not interfering with other site functions. The proposed structure does not have a hood, canopy, or roof overhang, so there will be no projection into the side yard, complying with LDC 4.02.01.D.8. Deviation 2: Deviation from LDC Section 4.06.02 C Table 2.4 and LDC Section 4.02.16.E.2.a.ii., which requires a shared 10’ type A landscape buffer between commercial uses to allow for the redevelopment of an existing structure with a side yard of 0’ along the east side of the property. In addition to the code required plantings, 4 trees with a minimum height of 10’ will be provided along the North façade of the building. Justification: A zero foot setback does not allow for space for a landscape buffer, so a deviation from LDC Section 4.06.02 C Table 2.4 is required. To mitigate this, enhanced landscaping will be installed along the north face of the redeveloped structure in the form of the four trees that would be required in a Type A buffer along the 100’ East edge of the building. 3.D.f Packet Pg. 262 Attachment: E Applicant Backup Materials (21727 : PL20210002480 Naples Classic Car DR) The following section is a narrative of the redevelopment project and how it is consistent with the standards for approval, LDC section 10.02.03 F.7. a. Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. Response: The land use and density of this development are consistent with permitted uses in the zoning district of C-5. Automotive Repair Services and Automobile Parking are permitted uses per LDC 2.03.03 E.1.a. and the permitted density of the development is consistent as there is no maximum building coverage in the C-5 district and there is no residential element to this site. b. The proposed development is consistent with the Growth Management Plan. Response: The project is consistent with the GMP as it is within a mixed use district per the Future Land Use map, specifically Urban Residential Subdistrict. c. The development shall have a beneficial effect both upon the area in which it is proposed to be established and upon the unincorporated area as a whole. Response: The redevelopment of the outdated existing structure will enhance the safety and aesthetics of the site. The existing structure is not up to current building codes and needs to be replaced so that the site may function better and be safer for neighboring properties. d. The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose. Response: No changes to the land areas devoted to each functional portion of the site are proposed. This deviation only involves the redevelopment of a previously approved existing structure. e. Streets, utilities, drainage facilities, recreation areas, sizes and yards, architectural features, vehicular parking and loading facilities, sight distances, landscaping and buffers shall be appropriate for the particular use involved. Response: The use is compatible to the adjacent use, and the existing building has no Eastern yards or landscape buffers. It is appropriate for an automotive use and allowing for the existing building to be redeveloped will enable the site to be safer and more effectively used with additional landscaping at the front (North) side to better screen the use. All other onsite facilities have been previously approved by the SDP process. f. Visual character of the project shall be equal or better in quality than that required by the development standards for the zoning district. The visual character of the project shall be better in quality than the existing project before redevelopment and after it was first permitted. 3.D.f Packet Pg. 263 Attachment: E Applicant Backup Materials (21727 : PL20210002480 Naples Classic Car DR) Response: Visually, the current existing structure is not very appealing. It is a standard aluminum prefabricated structure that is nearly 50 years old. Further, much of the automobile parking is outdoors, and the approved SDP will allow for indoor automobile parking, enhancing the site. Allowing for this deviation will permit the new and redeveloped structures to work cohesively to maximize indoor parking space and mitigate some outdoor parking. Please see the attached SDPA plans. The structure’s footprint size will remain the same, however it will be moved 4 feet and 7 inches south so that the southern face of the structure lines up with the face of the adjacent structure. This will allow for enhanced articulation and landscaping along the north side of the site, which faces Terrace Avenue, creating enhanced visual character. g. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. Response: No changes in ownership are proposed. h. Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. Response: Two deviations been requested involving the redevelopment of an existing building a 0-foot side yard, which allows for no space for a landscape buffer. This is the minimal building redevelopment size that can be requested as the size of the equipment required for the site’s use requires such a structure. There are no other deviations on the site, and the site plan was previously approved through a SDPA (see attachments). i. The petitioner has provided enhancements to the development. Response: The new structure and SDP will be an enhancement to the development. Enhanced landscaping along the north side of the redeveloped structure has been proposed to mitigate the effects of a zero-foot setback. This landscaping will include four trees, as seen in the site plan. j. Approval of the deviation will not have an adverse effect on adjacent properties. Response: The existing building will be enhanced and retain the same setback as the current structure, so no adverse effect on adjacent properties will be caused. 3.D.f Packet Pg. 264 Attachment: E Applicant Backup Materials (21727 : PL20210002480 Naples Classic Car DR) 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 T50, R25, S02 name not yet approved 3.D.f Packet Pg. 265 Attachment: E Applicant Backup Materials (21727 : PL20210002480 Naples Classic Car DR) 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 11/03/2021 70720500001; 70720240002 3.D.f Packet Pg. 266 Attachment: E Applicant Backup Materials (21727 : PL20210002480 Naples Classic Car DR) 3.D.f Packet Pg. 267 Attachment: E Applicant Backup Materials (21727 : PL20210002480 3.D.f Packet Pg. 268 Attachment: E Applicant Backup Materials (21727 : PL20210002480 3.D.f Packet Pg. 269 Attachment: E Applicant Backup Materials (21727 : PL20210002480 Naples Classic Car DR) 3.D.f Packet Pg. 270 Attachment: E Applicant Backup Materials (21727 : PL20210002480 Naples Classic Car DR) 3.D.f Packet Pg. 271 Attachment: E Applicant Backup Materials (21727 : PL20210002480 Naples Classic Car DR) 3.D.f Packet Pg. 272 Attachment: E Applicant Backup Materials (21727 : PL20210002480 Naples Classic Car DR) 3.D.f Packet Pg. 273 Attachment: E Applicant Backup Materials (21727 : PL20210002480 Naples Classic Car DR) 3.D.f Packet Pg. 274 Attachment: E Applicant Backup Materials (21727 : PL20210002480 Naples Classic Car DR) 3.D.f Packet Pg. 275 Attachment: E Applicant Backup Materials (21727 : PL20210002480 Naples Classic Car DR) From:SawyerMichael To:Andrew Rath Cc:Jessica Kluttz Subject:RE: PL20210002480 - 3066 Terrace Ave - TIS Waiver Date:Wednesday, November 24, 2021 3:46:22 PM Attachments:image001.png Andrew, Sorry for the delay and thanks for follow-up request. As long as the use remains the same I agree to the Waiver. Respectfully, Michael Sawyer Principal Planner Growth Management Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 michael.sawyer@colliercountyfl.gov From: Andrew Rath <andrew@davidsonengineering.com> Sent: Tuesday, November 23, 2021 9:41 AM To: SawyerMichael <Michael.Sawyer@colliercountyfl.gov> Cc: Jessica Kluttz <JessicaK@davidsonengineering.com> Subject: RE: PL20210002480 - 3066 Terrace Ave - TIS Waiver EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Morning Mike, Just wanted to follow up on the below and attached. Thank you Andrew Rath, P.E. Project Manager Davidson Engineering, Inc. Main: 239.434.6060; Ext. 2958 andrew@davidsonengineering.com 3.D.f Packet Pg. 276 Attachment: E Applicant Backup Materials (21727 : PL20210002480 Naples Classic Car DR) davidsonengineering.com Disclaimer: This e-mail, along with any files transmitted with it, is for the sole use of the intended recipient(s). Any unauthorized review, use, retention, disclosure, dissemination, forwarding, printing or copying of this e-mail or attachments isprohibited. From: Andrew Rath Sent: Monday, November 15, 2021 2:53 PM To: michael.sawyer@colliercountyfl.gov Cc: Jessica Kluttz <JessicaK@davidsonengineering.com> Subject: PL20210002480 - 3066 Terrace Ave - TIS Waiver Hey Mike, Just wanted to send this TIS waiver request your way prior to us submitting the Site Plan with Deviations application. Please review and respond. Looking for something to present to CC Intake at time of submittal. Thank you Andrew Rath, P.E. Project Manager Main: 239.434.6060; Ext. 2958 andrew@davidsonengineering.com www.davidsonengineering.com Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Disclaimer: This e-mail, along with any files transmitted with it, is for the sole use of the intended recipient(s). Any unauthorized review, use, retention, disclosure, dissemination, forwarding, printing or copying of this e-mail or attachments isprohibited. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3.D.f Packet Pg. 277 Attachment: E Applicant Backup Materials (21727 : PL20210002480 Naples Classic Car DR) 10 ® 4 C-20.004365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060 F: 239.434.6084Company Cert. of Authorization No. 00009496DESIGNED BY:DRAWN BY:CHECKED BY:PROJECT NO.:A.R.L.D.A.R.18-0033ANDREW E. RATH, P.E. NO. 73996 SHEET NO:SHEET TITLE:PROJECT:REVISIONSCLIENT:DATE:REV.DESCRIPTIONDAVIS TERRACEREALTY,LLC2630 PINE RIDGE ROADNAPLES, FL 34109NAPLES CLASSIC CAR01/06/2022REVISIONMASTER SITE PLANLEGEND GENERAL NOTES: FLOOD ZONE INFO. C-20.01 3.D.f Packet Pg. 278 Attachment: E Applicant Backup Materials (21727 : PL20210002480 Naples Classic Car DR) 10 ® GENERAL NOTES: FLOOD ZONE INFO. C-20.004365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060 F: 239.434.6084Company Cert. of Authorization No. 00009496DESIGNED BY:DRAWN BY:CHECKED BY:PROJECT NO.:A.R.L.D.A.R.18-0033ANDREW E. RATH, P.E. NO. 73996 SHEET NO:SHEET TITLE:PROJECT:REVISIONSCLIENT:DATE:REV.DESCRIPTIONDAVIS TERRACEREALTY,LLC2630 PINE RIDGE ROADNAPLES, FL 34109NAPLES CLASSIC CAR01/06/2022REVISIONSITE PLAN WITH DEVIATIONSLEGEND SCHEDULE OF DEVIATIONS LEGEND 3.D.f Packet Pg. 279 Attachment: E Applicant Backup Materials (21727 : PL20210002480 Naples Classic Car DR) 3.D.f Packet Pg. 280 Attachment: E Applicant Backup Materials (21727 : PL20210002480 Naples Classic Car DR) 04/14/2022 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.E Item Summary: Petition No. PCUD-PL20210003067 - Request for a comparable use determination that golf cart sales is comparable, compatible, and consistent with the list of permitted uses in section 5.03 of the Pine Air Lakes Commercial Planned Unit Development, Ord. No. 07-32, as amended, located at Tract 2, Naples Center Village, also known as 5947 Naples Blvd in Section 11, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: Gabriela Castro, Principal Planner] Commission District 2 Meeting Date: 04/14/2022 Prepared by: Title: Principal Planner – Zoning Name: Gabriela Castro 03/25/2022 1:59 PM Submitted by: Title: – Zoning Name: Mike Bosi 03/25/2022 1:59 PM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 03/25/2022 2:38 PM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 03/25/2022 4:16 PM Zoning Ray Bellows Review Item Completed 03/25/2022 6:04 PM Zoning Mike Bosi Review Item Completed 03/30/2022 8:52 AM Hearing Examiner Andrew Dickman Meeting Pending 04/14/2022 9:00 AM 3.E Packet Pg. 281 PCUD-PL20210003067; Gator Golf Sales Comparable Use Determination Page 1 of 8 MARCH 23, 2022 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: APRIL 14, 2022 SUBJECT: PL20210003067; GATOR GOLF SALES COMPARABLE USE DETERMINATION (PCUD) ______________________________________________________________________________ PROPERTY OWNER/AGENT: Applicant: PIEx2, LLC. Agent: Sarah E. Spector 14519 Global Parkway Roetzel & Andress Fort Myers, FL, 33913 2320 First Street Suite 1000 Fort Myers, FL, 33901 REQUESTED ACTION: Request for a determination that the proposed use of golf cart sales is comparable in nature to other permitted uses in Section 5.03 of the Pine Air Lakes Commercial Planned Unit Development (CPUD) adopted by Ordinance Number 07-32, as amended. The subject property is located at 5947 Naples Blvd in Section 11, Township 49 South, Range 25 East, Collier County, Florida. GEOGRAPHIC LOCATION: The subject parcel is approximately +.62 acres, located on the west side of Naples Boulevard, approximately a third of a mile north of Pine Ridge Road, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. (See location map on the following page) 3.E.a Packet Pg. 282 Attachment: Edited Gator Golf-Staff-Report (21744 : PL20210003067 Gator Golf Services) PCUD-PL20210003067; Gator Golf Sales Comparable Use Determination Page 2 of 8 MARCH 23, 2022 3.E.aPacket Pg. 283Attachment: Edited Gator Golf-Staff-Report (21744 : PL20210003067 Gator Golf Services) PCUD-PL20210003067; Gator Golf Sales Comparable Use Determination Page 3 of 8 MARCH 23, 2022 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 undeveloped and designated for Mixed-Use Retail/Office on the Pine Air Lakes CPUD Master Plan: North: Dick’s Sporting Goods Store within the Mixed-Use Office/Retail of the Pine Air Lakes CPUD East: Right-of-Way for Naples Blvd and then Infiniti car dealership within the Mixed-Use Office/Retail of the Pine Air Lakes CPUD South: Lake within the Pine Air Lakes CPUD West: Lake within the Pine Air Lakes CPUD Subject Property 3.E.a Packet Pg. 284 Attachment: Edited Gator Golf-Staff-Report (21744 : PL20210003067 Gator Golf Services) PCUD-PL20210003067; Gator Golf Sales Comparable Use Determination Page 4 of 8 MARCH 23, 2022 PURPOSE/DESCRIPTION OF PROJECT: The petitioner requests a determination that a proposed Golf Cart Sales (SIC 55991) is comparable in nature to the currently allowed permitted principal uses for the subject site per the Pine Air Lakes CPUD Ordinance No. 07-32, as amended. The site is within Activity Center #13 associated with the Pine Ridge Road/Airport Pulling Road intersection per the Future Land Use Map. The site is designated Mixed-Use Retail/Office on the Pine Air Lakes CPUD Master Plan and fronts Naples Boulevard. Section 5.03 of the CPUD lists the permitted uses for the subject site, which are considered Regional Commercial. Permitted uses within the Commercial/Office designated area of the MPUD identified in Section 5.03 of the CPUD range from enclosed car washes (SIC 7542) and motorcycle sales and service (5571) to automobile sales (5541, 5511), yacht sales (7389, 5551) and light manufacturing. Permitted uses also include regional retail stores that would generate more daily trips than the proposed golf cart sales. The applicant proposes to limit hours of operation to between 8:00 AM to 5:00 PM Monday through Saturday, which is more restrictive than the nearby car dealerships and grocery store. Actions taken since the adoption of the CPUD/DRI approved by Ordinance No. 07-32 include: -HEX Determination 2014-26 for a sign variance to allow three signs and a larger square footage for the Dick’s Sporting Goods. -HEX Determination 2020-19 which determined an indoor self-storage (SIC 4225) is comparable in nature to other permitted uses in the Office district in 4.03.10 of Ord 07-32. -Hex Determination 2020-25 to reduce landscape buffers and add deviations regarding buffers. STAFF ANALYSIS: LDC Section 10.02.06.K., Comparable Use Determination, states: “Comparable Use Determination (CUD) shall be used to determine whether a use is comparable in nature with the list of permitted uses, and the purpose and intent statement of the zoning district, overlay, or PUD. To be effective, the Comparable Use Determination shall be approved by the Hearing Examiner by decision, or Board of Zoning Appeals by resolution, at an advertised public hearing” based on standards listed below as part of staff’s analysis. The subject site is the designated Urban Commercial District, Mixed Use Activity Center (MUAC) Subdistrict on the Future Land Use Map (FLUM). The site is in Activity Center #13 associated with the intersection of Airport-Pulling Road and Pine Ridge Road. The Urban Commercial District is intended to accommodate almost all uses associated with commercial zoning districts; a variety of residential uses; and a variety of non-residential uses. The Mixed- 1 The Standard Industrial Classification (SIC) Code 5599 includes Automotive Dealers, Not Elsewhere Classified – Establishments primarily engaged in the retail sale of new and used automotive vehicles, utility trailers, and automotive equipment and supplies, not elsewhere classified, such as snowmobiles, dune buggies, and go-carts. 3.E.a Packet Pg. 285 Attachment: Edited Gator Golf-Staff-Report (21744 : PL20210003067 Gator Golf Services) PCUD-PL20210003067; Gator Golf Sales Comparable Use Determination Page 5 of 8 MARCH 23, 2022 Use Activity Center Subdistricts are designed to concentrate almost all uses associated with commercial zoning districts 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. Allowable land uses include the full array of commercial uses, residential uses, institutional uses, hotel/motel uses, community facilities, and other land uses as generally allowed in the Urban designation. The request for Golf Cart Sales (SIC 5599) is proposed within the Pine Air Lakes CPUD on a parcel that fronts on Naples Boulevard, approximately one-third of a mile north of Pine Ridge Road and is within the boundary of Mixed-Use Activity Center #13, depicted on the Collier County Mixed-Use & Interchange Activity Center Index Map adopted as part of the Future Land Use Element of the Growth Management Plan. The requested use is allowed within the Mixed- Use Activity Center Subdistrict and meets the intent of the Urban Commercial District. Section 5.03 of the Pine Air Lakes CPUD allows for a range of Regional Commercial permitted uses that are allowed within the Mixed-Use Retail/Office designation on the adopted CPUD Master Plan. The commercial uses that are permitted have varying degrees of intensity, including those permitted in conventional C-4 and C-5 zoning districts, such as boat dealers (5551), automotive sales and service (5511) and motorcycle sales and service (5571). See Attachment C Ordinance 07-32, Section 5 for the full list of permitted uses. When evaluating the appropriateness of the proposed use, staff considers the character of the use per the uses that are permitted within commercial zoning districts of the LDC. The purpose and intent of the C-4 General Commercial zoning district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore, the uses in the C-4 district can generally be sustained by the transportation network of major roads, and this district aligns with the characteristics and location of the Pine Air Lakes CPUD. Section 2.03.03.D of the LDC identifies that the use corresponding to the proposed golf cart sales of “Dealers not elsewhere classified (5599 outdoor display permitted, excluding Aircraft dealers-retail)” is a conditional use in the C-4 General Commercial Zoning District, and “Automotive vehicle and equipment dealers (5511 and 5599, new vehicles onl y)” is permitted in C-4. The purpose and intent of the C-5 Heavy Commercial district is to provide a range of more intensive commercial uses than C-4 and services which are generally those uses that tend to utilize outdoor space in the conduct of the busines s. Section 2.03.03.E of the LDC identifies that the use of “Automotive dealers, not elsewhere classified (5599)” is permitted in C-5. Per LDC Section 10.02.06.K, the following Comparable Use Determination (CUD) criteria are used to determine whether a use is comparable in nature with the list of permitted uses, and the purpose and intent statement of the zoning district, overlay, or PUD: (Criteria is listed with corresponding staff analysis in italics) 3.E.a Packet Pg. 286 Attachment: Edited Gator Golf-Staff-Report (21744 : PL20210003067 Gator Golf Services) PCUD-PL20210003067; Gator Golf Sales Comparable Use Determination Page 6 of 8 MARCH 23, 2022 a. The proposed use possesses similar characteristics to other permitted uses in the zoning district, overlay, or PUD, including but not limited to the following: i. Operating hours; Operating hours are proposed to be 8 AM to 5 PM Monday through Saturday which are more limited than the typical car dealership or department store in this area. ii. Traffic volume generated/attracted; The proposed sale of golf carts does not generate any more trips than other permitted uses such as the grocery store and the car dealership that are near this parcel. The development must comply with all other applicable concurrency management regulations a new Traffic Impact Statement (TIS) will be submitted and reviewed at the time of Site Development Plan (SDP). iii. Type of vehicles associated with the use; The golf cart sales business will have customers and employees in traditional motor vehicles; it will also have golf carts, and a company truck that delivers the golf carts. An image of the company truck is in Attachment D. The Applicant has stated that the delivery truck is able to get under the second story display area and that is how the golf cart will be loaded into the building. To ensure this delivery activity is not impactful to the surrounding road network, staff recommends a condition that off-loading of vehicles is prohibited in the right of way. The types of vehicles associated with the proposed use are comparable; therefore, staff finds these types of vehicles acceptable in comparison to vehicles potentially associated with other permitted uses, such as trucks, utility trailers, new or used motorboats that are allowed to be available for sale, new or used mopeds and motorcycles that are allowed to be available for sale; and new or used automobiles that are allowed to be available for sale. iv. Number and type of required parking spaces; and In LDC Section 4.05.4.G., Table 17 provides the parking space requirement for the proposed golf cart sales: 1 parking space per 400 square feet of building area except for service/body shop buildings which require 3.5 spaces per service bay or 1 space per 250 square feet, whichever is greater; plus 1 space per 2,000 square feet of outdoor sales/display area. The applicant is not proposing any service stations. The parking requirement needed for this type of use is less intense than the neighboring shopping center which requires 1 parking space per 250 square feet. At the time of SDP, the project will be reviewed to comply with parking standards. v. Business practices and activities. As described above, the types of activities and hours proposed for the proposed golf cart sales are comparable to other permitted uses such as boat sales, auto sales, and 3.E.a Packet Pg. 287 Attachment: Edited Gator Golf-Staff-Report (21744 : PL20210003067 Gator Golf Services) PCUD-PL20210003067; Gator Golf Sales Comparable Use Determination Page 7 of 8 MARCH 23, 2022 motorcycle sales. To address the compatibility of the practices and activities associated with golf cart sales with surrounding uses, staff recommends the following condition prohibiting service areas, limiting hours of operations, making sure vehicles are not loaded within the public right-of-way, having vehicles displayed indoors and outdoors, limiting the area where potential test driving can occur, and having an architectural design that is compatible to surrounding buildings. b. The effect of the proposed use would have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. The subject site is surrounded by commercially designated parcels of the Pine Air Lakes CPUD, except for the lake to the south and west, which is bordered by industrial and C- 5 commercially zoned properties. The effect of the proposed golf cart sales on neighboring properties would be comparable or less than that of other uses that are permitted in the existing Pine Air Lakes CPUD. The applicant has stated that the majority of the golf carts purchased are electronic so noise and odor associated with test driving of the golf carts should not be a concern. c. The proposed use is consistent with the GMP, meaning the applicable future land use designation does not specifically prohibit the proposed use, and, where the future land use designation contains a specific list of allowable uses, the proposed use is not omitted. Golf Cart Sales is a permitted use per the GMP given that the site is within a Mixed-Use Activity Center, and this is a permitted use within the C-5 zoning district. d. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. The purpose statement of the Regional Commercial Section of the CPUD states: “In order to ensure that regional retail is achieved, there will be a minimum of two individual retail uses with a minimum of 70,000 square feet of gross leasable area (GLA) each. These three uses, along with a majority of the commercial uses shall be restricted to uses herein which also would be within Division G, Standard Industrial Classification (SIC) Manual, 1987 publication.” The proposed use of golf cart sales does fall within Division G of the SIC manual, as Division G of the SIC Manual is for Retail trade and encompasses Major Group 55. As stated above, the proposed use of golf cart sales is comparable to currently permitted uses of the Pine Air CPUD such as boat dealerships, motorcycles dealerships, and automobile dealerships. CONCURRENT LAND USE APPLICATIONS: A concurrent application is pending County staff review: PL20210003025, Site Development Plan for the Gator Golf - Naples Center Village. 3.E.a Packet Pg. 288 Attachment: Edited Gator Golf-Staff-Report (21744 : PL20210003067 Gator Golf Services) PCUD-PL20210003067; Gator Golf Sales Comparable Use Determination Page 8 of 8 MARCH 23, 2022 PUBLIC NOTICE Per LDC Section 10.03.06.O. and the Administrative Code, a newspaper advertisement is required for public hearing in accordance with F.S. § 125.66. The newspaper advertisement posted in the Naples Daily News on March 25, 2022 Per the LDC and Administrative Code, a Comparable Use Determination petition does not require a Neighborhood Information Meeting, a mailing to surrounding property owners, or posting of a sign on the property. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner determine that the use of Golf Cart Sales (SIC 5599) is comparable and compatible with the Regional Commercial permitted uses of Section 5.3 of the Pine Air Lakes CPUD, subject to the conditions outlined in Attachment A. Attachments: A. Conditions of Approval B. Conceptual Design C. Ordinance Number 07-32 D. Applicant’s Back Up Material 3.E.a Packet Pg. 289 Attachment: Edited Gator Golf-Staff-Report (21744 : PL20210003067 Gator Golf Services) Attachment A Conditions of Approval PL20210003067 PCUD Gator Golf Sales Comparable Use Determination 1. Service areas and service functions are prohibited. 2. Retail hours of operation are limited to the following: 8:00 AM to 9:00 PM 3. Off-loading of vehicles is prohibited within the public right-of-way. The site shall be designed to accommodate vehicle delivery, and all loading and unloading shall occur on- site. 4. Vehicles for sale shall be displayed indoors as well as outdoors. 5. When test driving golf carts, street legal golf carts will be given a tag and the others cannot be driven off the site. 6. The conceptual building design shall be similar to the conceptual building design depicted in Attachment B. 3.E.b Packet Pg. 290 Attachment: A Conditions (21744 : PL20210003067 Gator Golf Services) Attachment B 3.E.c Packet Pg. 291 Attachment: B Conceptual Design (21744 : PL20210003067 Gator Golf Services) 11 30 l iid a ORDINANCE NO 07 32 St Oc tb11 AN ORDINANCE OF THE BOARD OF COUNTY6leILl99COMMISSIONERSCOLLIERCOUNTYFLORIDA AMENDING ORDINANCE NUMBER 2004 41 AS AMENDED THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES 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 PLANNED UNIT DEVELOPMENT PUD TO COMMERCIAL PLANNED UNIT DEVELOPMENT CPUD FOR A PROJECT KNOWN AS PINE AIR LAKES CPUD TO ALLOW AN INCREASE IN THE MAXIMUM DEVELOPMENT AREA THE SUBJECT 148 99 ACRES IS LOCATED ALONG THE WEST SIDE OF AIRPORT PULLING ROAD COUNTY ROAD 31 PARALLEL TO AND APPROXIMATELY 1 600 FEET NORTH OF PINE RIDGE ROAD COUNTY ROAD 896 AND ALONG BOTH SIDES OF NAPLES BOULEVARD IN SECTION II TOWNSHIP 49 SOUTH RANGE 25 EAST COLLIER COUNTY FLORIDA PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 94 25 THE PINE AIR LAKES PUD AND BY PROVIDING AN EFFECTIVE DATE l r r 1 J J rq r nC roO 1 r JI WHEREAS Airport Road Limited Partnership represented by Karen Bishop of P M S Inc of Naples and Richard Yovanovich of Goodlette Coleman and Johnson P A 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 II Township 49 South Range 25 East Collier County Florida is changed from Planned Unit Development PUD to Commercial Planned Unit Development CPUD known as the Pine Air Lakes CPUD in accordance with the CPUD Document attached hereto as Exhibit A which is incorporated herein and by reference made part hereof 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 Ordinance Number 94 25 known as the Pine Air Lakes PUD adopted on May 10 1994 by the Board of County Commissioners of Collier County is hereby repealed in its entirety Petition Number PUDZ 2005 AR 8550 Page I of2 3.E.d Packet Pg. 292 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) SECTION THREE This Ordinance shall become effective upon filing with the Department of State PASSED AND DULY ADOPTENt the Board of County Commissioners of Collier County Florida this day of 6vrvh 2007 ATTEST DWIGHT E BROCK CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA 7 BY fI J COLETTA CHA AN ji ibJtYollst0 oc I tt t Crie R7fiut Clerk s i ar 0 11 Approvedas to form and legal sufficiency n LA OJ 1 fkdJ 41 fJt iLMarjeMStudentStirling 1 Assistant County Attorney This Clftfinonce fi led witn In5eJryofStalesOfficeIhocl2dayofYadlC1DD1 adcnowledgement of tnol I this ditbdoyofJBy 0c Petition Number PUDZ 2005 AR 8550 Page 2 of2 3.E.d Packet Pg. 293 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) PINE AIR LAKES A PLANNED UNIT DEVELOPMENT BY AIRPORT ROAD LIMITED PARTNERSHIP AMENDED BY Goodlette Coleman Johnson 4001 Tarniami Trail N Suite 300 Naples FL 34103 EXHIBIT A ORIGNINAL ORDINANCE NUMBER DA TE ISSUED DATE APPROVED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER 85 67 11 12 85 3 13 2007 2007 32 PUO document w BCC changes 2 3 20 07 doc 3.E.d Packet Pg. 294 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) TABLE OF CONTENTS SUBJECT Property Ownership and Description Statement of Compliance Project Development Office Regional Commercial Lake Open Space Development Standards Utility Services Development of Regional Impact PUD Master Plan Legal Description Interconnection Exhibit PUO document w BCC changes 2 3 20 07 doc SECTION Section I Section II Section III Section IV Section V Section VI Section VII Section VIII Section IX Exhibit A Exhibit B Exhibit C 3.E.d Packet Pg. 295 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) PROPERTY OWNERSHIP AND DESCRIPTION SECTION I 101 PURPOSE The purpose of this Section is to set forth the location and ownership of the property and to describe the existing conditions of the property proposed to be developed under the project name of Pine Air Lakes 1 02 INTRODUCTION It is the intent of Airport Road Limited Partnership a Florida limited partnership here and after to be called Applicant to amend a Planned Unit Development on approximately 150 acres of property located in northwest Collier County Florida 1 03 NAME The development will be known as Pine Air Lakes 1 04 PROPERTY OWNERSHIP The subject property is currently under the ownership of Airport Road Limited Partnership 800 Seagate Drive Suite 302 Naples FL 34103 1 05 UNIFIED CONTROL The property being submitted for rezoning is under the unified control of Airport Road Limited Partnership 1 06 LEGAL DESCRIPTION The subject project being 148 99 acres is located in northwest Collier County Section II Township 49 south Range 25 east The complete legal description is set forth in Exhibit B 1 07 GENERAL LOCATION A The subject property is west of and contiguous to Airport Road parallel to and approximately 1 600 feet north of Pine Ridge Road approximately I 300 feet west the boundary jogs south then west again approximately I 300 feet parallel to Pine Ridge Road B Four 4 accesses to the development will be provided as conceptually depicted on Exhibit A Three 3 entrances will have access from Airport Road and one I access will be from Pine Ridge Road taking advantage of the existing Naples Boulevard Pine Ridge Road is scheduled to be the primary access into western Collier County from Interstate 75 Regional access to the Pine Air Lakes development will be via Interstate 75 and Pine Ridge Road Interchange and Airport Road Transportation Corridors Developers and property owners are 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 as described in Policy 7 1 of the Future Land Use Element 1 08 EXISTING ELEVATION The 150 acres of land which Pine Air Lakes is comprised of has an average elevation of plus 10 0 feet above sea level PUD document w BeC changes 2 3 20 07 doc 2 3.E.d Packet Pg. 296 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) 1 09 EXISTING SOIL TYPES The Pine Air Lakes site is composed of five 5 soil types as identified by the U S D A Soil Conservation Service in their report titled Soil Survey Detailed Reconnaissance Collier County Florida Series 1942 No 8 issued March 1954 The site is primarily composed of Keri Fine Sand approximately forty five percent 45 and Charlotte Fine Sand approximately eighteen percent 18 The Arzell Fine Sand Cypress Swamp and Ochopee Fine Sand Marl shallow phase makes up the remaining thirty seven percent 37 of the Pine Air Lakes CPUD site The Ochopee Fine Sand Marl shallow phase is characterized by a shallow depth to rock which is typified by its exposure in the roadway swale along Pine Ridge Road south of the project site 1 10 EXISTING VEGETATION The site area has been historically stripped of native vegetation and utilized for agricultural and horticultural purposes The only remaining native vegetation exists in the cypress head areas this has been designated S T by the County Environmentalist approximately in the center of the southern property line The cypress S T area will be left in its natural state under the proposed Pine Air Lakes CPUD Master Plan The historical agricultural uses of the property supports a request for waiver of the Environmental Impact Statement E IS commonly required by the Land Development Code The request for a waiver has been filed with the County Environmentalist NOTE See Benedict s Letter 1 11 OPEN SPACE A minimum of thirty percent 30 of total acres shall be provided 44 7 acres 1 81 acres are provided in S T acres and 32 64 acres are provided in Lakes Open Space The open space to be within the developed parcels along with the S T and Lake Open Space parcels will either meet or exceed the required acreage PUD document w Bee changes 2 3 20 07 doc 3 3.E.d Packet Pg. 297 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) STATEMENT OF COMPLIANCE SECTION II 2 01 PURPOSE The purpose of this section is to briefly outline the Pine Air Lakes Commercial Planned Unit Development compliance with the Collier County Comprehensive Plan 2 02 STATEMENT OF COMPLIANCE The development of approximately 150 acres of property in northwest Collier County Florida Section II eleven Township 49 south Range 25 east as a Planned Unit Development to be known as Pine Air Lakes will comply with the planning and development objectives of Collier County A This project is a Development of Regional Impact that predates the adoption of the 1989 Growth Management Plan for Collier County As such it was deemed to have vested zoning rights through the Zoning Re evaluation Program described in former Policy 3 IK ofthe Future Land Use Element B Properties that have been found to have vested zoning rights are deemed consistent with the Future Land Use Element reference Policy 5 9 FLUE Policy 5 1 of the Future Land Use Element allows changes to such projects provided the intensity of development is not increased PUD document w BCC changes 2 3 20 07 doc 4 3.E.d Packet Pg. 298 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) PROJECT DEVELOPMENT SECTION III 3 01 PURPOSE The purpose of this section is to delineate and generally describe the project plan of development and general conditions of the Pine Air Lakes Project 3 02 GENERAL A Regulations for development of Pine Air Lakes shall be in accordance with the contents of this document CPUD Commercial Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code B Unless otherwise noted the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code 3 03 TRACT DEVELOPMENT The development of separate tracts shall comply with the Collier County Land Development Code when applicable 3 04 PROJECT PLAN AND LAND USE PARCELS A The project plan including the location of roadways general circulation and the land use is illustrated graphically and conceptually on the CPUD Master Plan Exhibit A B Areas illustrated as Lakes Open Space on Exhibit A are illustrative only and are subject to relocation and reconfiguration These areas may be constructed as lakes or open space A portion of the lakes may be constructed as shallow intermittent dry depressions for water detention purposes C In addition to the various areas shown on Exhibit A such easements utility private semi public etc shall be established within or along the various tracts as may be necessary or deemed desirable for the service function or convenience of the project users D Adjacent parcels whether owned by the same or different entities shall be permitted to be developed under a Unified Development Plan as a single shopping center or single office complex with common and shared parking areas access drives utilities entries common areas and other facilities typically contained within a shopping center or office complex Internal tract boundaries in such unified development plans shall not be required to have lot line setbacks or buffers Additionally buildings within the Unified Development Plan shall be permitted to abut one another as long as all appropriate building codes have been adhered to without any requirement for property line setbacks along common property lines with adjacent buildings 3 05 BUFFERS A All parcels within the Pine Air Lakes development adjacent to interior roads shall provide a minimum fifteen 15 foot wide landscape strip buffer Excluding parcels designated Lakes Open Space PUO document w BCC changes 2 3 20 07 doc 5 3.E.d Packet Pg. 299 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) B A minimum buffer fifteen 15 feet wide will be provided along all parcels except Lake Open Space parcels which are adjacent to surrounding land presently zoned industrial commercial A minimum twenty 20 foot buffer will be provided along Airport Road C All other buffers shall meet the minimum standards of the Land Development Code in effect at the time ofdevelopment of the parcel D No parking outside display signs or other structures shall be located within buffers 3 06 SPECIAL TREATMENT S T REGULATION The S T zoning overlay is removed and the approximate 1 8 acres of wetlands shall be preserved as a separate tract or easement with protective covenants An average twenty five 25 foot setback will be provided around the wetlands area No parking outside displays signs or structures shall be located within the setback around the wetlands area 3 07 CPUD SITE DEVELOPMENT PLAN APPROVAL The provisions of Section 04 07 01 ofthe Collier County Land Development Code shall apply to the development of platted tracts or other parcels of land prior to issuance of a building permit or other development order 3 08 DEVELOPMENT PLAN ADJUSTMENT Minor variations in acreage roadway lakes and tract boundaries as shown on CPUD Master Plan shall be permitted at final design to accommodate topography vegetation and other site conditions Minor variations shall be defined as in the Land Development Code in effect at the time such variation is requested 3 09 MAXIMUM SOUARE FOOTAGE USES The maximum square footage to be constructed within the CPUD shall be as follows The permitted uses for each category of use shall be as set forth herein in Section 4 with respect to Office Uses and in Section 5 with respect to Regional CommerciallRetail Uses Category Regional Commercial Retail Office Total Square Feet 1 000 000 75 000 1 075 000 3 10 CONVERSION BETWEEN USE CATEGORIES Notwithstanding the maximum square footage uses set forth in Paragraph 3 09 above the Developer shall have the right to Convert office space into retail space or retail space into office space with the conversion rate between the different uses to be set forth as follows the conversion rate has been determined by an equivalent trip generation analysis Up to 50 000 square feet of office area can be converted into retail area at the rate of 100 square feet of additional retail area for every 420 square feet of office area converted Additionally up to 50 000 square feet of retail area can be converted into office area at the rate of 100 square feet of additional office area for every 24 square feet of retail area converted The maximum square footage allowed is 1 075 000 PUD document w BeC changes 2 3 20 07 doc 6 3.E.d Packet Pg. 300 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) OFFICE SECTION IV 4 01 PURPOSE The purpose of this section is to indicate the development plan land regulations for any part of the site to be developed for office uses 4 02 PERMITTED USES AND STRUCTURES No building or structure or part thereof shall be erected altered or used or land or water used in whole or in part for other than the following 4 03 PERMITTED PRINCIPAL USES AND STRUCTURES I Business and professional offices banks financial institutions 2 Churches and other places of worship civic and cultural facilities colleges universities and schools 3 Funeral homes 4 Homes for the aged hospitals hospices and sanitoriums 5 Medical laboratories medical clinics medical offices for humans mortgage brokers museums 6 Parking garages and lots private clubs 7 Real estate offices research design and development activities rest homes convalescent centers and nursing homes 8 Laboratories provided that a No odor noise etc detectable to normal senses from off the premises are generated b All work is done within enclosed structures and c No product is manufactured or sold except incidental to development activities 9 Transportation communication and utility offices not including storage of equipment 10 Any professional or commercial use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the district 4 04 PERMITTED ACCESSORY USES AND STRUCTURES I Accessory uses and structures customarily associated with uses permitted in this district 2 Caretaker s residence 3 Multi story parking 4 Water management structures and facilities 4 05 REGULATIONS 405 01 General All yards setbacks etc shall be in relation to the individual parcel boundaries 405 02 Minimum Parcel Area Twenty thousand 20 000 square feet PUD document w BCC changes 2 3 20 07 doc 7 3.E.d Packet Pg. 301 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) 405 03 Minimum Parcel Width One hundred 100 feet 405 04 Minimum Yard Requirementsabuttingthe roadway within the Pine Air Lakes Development and Airport Road to the west of the development shall be front yards a Front Yard Twenty five 25 feet b Side YardFifteen 15 feet with unobstructed passage from front to rear yard c Rear Yard Fifteen 15 feet d Minimum Yard Requirement From Any Residentially Zoned or Use Property Twenty five 25 feet 405 05 Maximum Height Five 5 stories or fifty 50 feet whichever is greater over a maximum of two 2 levels of parking Ten 10 stories or one hundred 100 feet whichever is greater over two 2 levels of parking may be approved through Site Development Plan Approval and by the Planning Commission 405 06 Minimum Floor Area of Structures One thousand 1 000 square feet per building on the ground floor 405 07 Minimum Distance Between Structures Thirty 30 feet or one half 12 the sum of the height whichever is greater 4 06 SIGNAGE As permitted or required by the Land Development Code in effect at the time a permit is requested 4 07 MINIMUM OFF STREET PARKING AND OFF STREET PARKING LOADING REOUIREMENTS As permitted or required by the Land Development Code in effect at the time a permit is requested 4 08 MINIMUM LANDSCAPING REOUIREMENTS As permitted or required by the Land Development Code in effect a the time a permit is requested 4 09 MINIMUM LANDSCAPEBUFFER AREA Defined in Section 3 05 of this Document PUD document w BCe changes 2 3 20 07 doc 8 3.E.d Packet Pg. 302 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) REGIONAL COMMERCIAL SECTION V 5 01 PURPOSE The purpose of this section is to indicate the development plan land regulations for the areas designated on Regional Commercial In order to ensure that regional retail is achieved there will be a minimum of two individual retail uses with a minimum of 70 000 square feet of gross leasable area GLA each These three uses along with a majority of the commercial uses shall be restricted to uses herein which also would be within Division G Standard Industrial Classification Manual 1987 publication 5 02 PERMITTED USES AND STRUCTURES No building or structure or part thereof shall be erected altered or used or land or water used in whole or in part for other than the following 5 03 PERMITTED USES The following uses are expressly permitted when done in accordance with the general intent of this ordinance a Antique shops 5932 appliance stores 5722 art galleries 5999 8412 art studios 8999 art supply shops 5199 assembly in enclosed building 3549 auction house 5999 automobile parts stores 5531 automobile service stations with repairs in enclosed building 5541 automobile sales and associated service departments 5541 5511 alcoholic beverage sales including sales for consumption on or off the premises 5813 5921 b Banks and financial institutions Major Groups 60 61 62 67 barber and beauty shops 7231 7241 bath supply stores 5719 bicycle sales and services 7699 excluding Cesspool cleaning 5941 5091 5571 blueprint shops 7334 boat sales with inside storage 5551 5091 bookbinders 2789 2732 book stores 5192 5961 business i e Xerox machine services 7359 7629 bakery shops including baking only when incidental to retail sales from the premises 5461 business offices 8741 8742 8748 c Carpet and floor covering sales which may include limited storage not to exceed 50 of retail sales area 5713 5023 enclosed car washes 7542 clothing stores 5137 5651 5611 5932 5136 5621 cocktail lounges 5813 commercial recreation uses indoor 7999 excluding animal shows bath houses circus companies shooting ranges galleries skeet shooting commercial schools 8222 8211 8221 communications services and equipment repair 5065 confectionery and candy stores 5441 5145 churches and other places of worship 8661 civil and cultural facilities 8641 8299 8611 8621 colleges universities and schools 8211 8221 8222 8299 8243 8244 8249 child care centers 8351 convalescent centers 8059 8051 children s homes 8361 d Department stores 5311 dry goods stores 5131 5999 drapery shops 5023 5714 delicatessens 5461 drug stores 5912 5122 dry cleaning collecting and delivering only 7212 Minimal on site pressing and spotting permitted PUD document w BCe changes 2 3 20 07 doc 9 3.E.d Packet Pg. 303 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) e Electrical supply stores 5063 equipment rentals including lawn mowers power saws etc without outside storage and display 7359 employment agencies 7361 7819 7922 excluding burlesques companies 7363 f Fish markets retailt542I 5146 florist shops 5992 5193 fraternal and social clubs 8641 funeral homes 7261 excluding crematories furniture refinishing 7641 furniture stores 5712 5021 furrier shops 5632 g Garden supply stores which can include outside displays gift shops 5261 glass and mirror sales 5231 5719 gourmet shops 5499 5411 gunsmiths 7699 excluding cesspool cleaning h Hardware stores 5251 hat cleaning and blocking 7251 health food stores 5499 health clubs fitness centers 7991 hobby supply stores 5092 5945 hospitals and hospices 8069 8062 i Ice cream shops 5451 5143 ice sales not including ice plants 5143 5999 j Jewelry stores 5094 5944 5632 k Kitchenware shops 5719 I Laundries 7211 lawn maintenance shops no outside maintenance 7699 leather goods 5199 5948 legitimate theaters 7922 excluding burlesque companies light manufacturing or processing including food processing but not slaughter house Major Group 23 excluding 2371 39 Packaging or fabricating in completely enclosed building 267l Linen supply shops 7213 liquor stores 5921 5182 and locksmiths 7699 lithographing 2752 laboratories provided no odor noise vibrations or other nuisance detectable to normal senses from off the premises are generated 7819 8734 8071 8072 m Marinas 4493 markets food of every type 5411 medical office and clinics 8041 8021 8042 8031 8011 8043 8093 millinery shops 5632 5131 miscellaneous uses such as mail express office telephone exchange 7331 5999 motion picture theaters 7832 motorcycle sales and service 5571 7699 excluding cesspool cleaning 5012 museums 8412 music stores 5735 5736 mortgage brokers 6162 6163 motels 7011 meat fish and poultry markets 5421 5499 n Newspaper stores 5994 0 Office Supply stores 5112 5943 p Paint and wallpaper stores 5231 parking garages enclosed 7521 pest control service 7342 pet shops 5999 pet supply shops 5999 5149 5199 photographic equipment stores 5043 5946 plumbing shop 5074 plumbing supplies 5074 pottery stores 5719 poultry markets 5499 printing 2732 2752 2759 publishing or similar establishments 2741 2731 2711 2721 private clubs 7997 professional offices 8741 8742 8748 post offices 4311 7389 q Quilt shops 5949 r Radio and television stations and transmitters 4832 4833 radio and television sales and services 5731 7622 interior non destructive and design labs 8711 8712 rest homes 8059 8361 PUD document w BCe changes 2 3 20 07 doc 10 3.E.d Packet Pg. 304 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) restaurants including fast food restaurants with drive through window service 5812 real estate offices 6531 research design and development planning facilities 8748 s Service establishments catering to commerce and industry 7389 sign company 3993 5046 5099 sign painting shops 3993 shoe repair 7251 shoe stores 5661 shopping centers including regional facilities Major Group 53 56 57 58 59 souvenier stores 5947 stationery stores 5943 supermarkets 5411 swimming pool maintenance shops 7389 sanitoriums 8063 schools 8211 8249 t Tailor shops 7219 5699 taxidermists 7699 tile sales ceramic tile 5211 5032 tobacco shops 5159 5194 5993 toy shops 5945 5092 tropical fish stores 5999 transportation terminals without outside storage of vehicles or equipment 4231 taverns 5813 u Upholstery shops 5714 v Variety stores 5331 vehicle rentals 7514 4119 veterinarian offices and clinics no outside kennels 0742 vocational technical trade or industrial schools 8211 8249 w Water bed sales 5712 5021 x X ray clinics 8071 y Yacht sales 7389 5551 z Any other commercial which is compatible in nature with the foregoing uses and which the Board of Zoning Apeals determines to be consistent with the purpose ofthe district aa All uses allowed in Section IV All references to numbers in this Section are understood to be to Standard Industrial Classification Groups 5 04 PERMITTED ACCESSORY USES AND STRUCTURES Accessory uses and structures customarily associated with uses permitted in this district I Caretaker residence 2 Water management structures and facilities 3 Customary accessory uses and structures 5 05 REGULATIONS 505 01 General All yards setbacks etc shall be in relation to the individual parcel boundaries There shall be no outside overnight storage or display on any parcels in this section 505 02 Minimum Parcel Area As determined at the time of Preliminary Site Development Plan review 505 03 Minimum Parcel Width As determined at the time of Preliminary Site Development Plan review 505 04 Minimum Yard Requirements The parcel sides abutting the roadway within the Pine Air Lakes Development and Airport Road to the west of the development shall be front yards Those parcels shall conform to the minimum yard PUD document w Bee changes 2 3 20 07 doc 11 3.E.d Packet Pg. 305 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) requirement of Section 4 054 of the Document All other parcels in this Section shall conform to the following a Front Yard Twenty five 25 feet b Side Yard and Rear Yard None or a minimum of five 5 feet wi th unobstructed passage from front to rear yard c Other parcel boundaries fifteen 15 feet 505 05 Maximum HeightThree 3 stories or thirty five 35 feet whichever is greater 505 06 Minimum Floor Area ofPrincioal Structures One thousand 1 000 square feet per building on the ground floor 505 07 Minimum Distance Between Structures Same as side yard setback 5 06 SIGNAGE As permitted or required by the Land Development Code in effect at the time a permit is requested 5 07 MINIMUM OFF STREET PARKING AND OFF STREET LOADING REOUIREMENTS As permitted or required by the Land Development Code in effect at the time a permit is requested 5 08 MINIMUM LANDSCAPING REOUIREMENTS As permitted or required by the Land Development Code in effect at the time a permit is requested 5 09 MINIMUM LANDSCAPE BUFFER AREA Defined in Section 3 05 of this Document PUD document w BCC changes 2 3 20 07 doc 12 3.E.d Packet Pg. 306 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) LAKE OPEN SPACE SECTION VI 6 01 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas to be utilized for Lakes Open Space 6 02 PERMITTED USES AND STRUCTURES No building or structure or part thereof shall be erected altered or used or land or water used in whole or in part for other than the following 6 03 PERMITTED PRINCIPAL USES AND STRUCTURES I Sidewalks constructed for purposes of access to or passage through common areas 2 Lakes and other storm water management facilities or uses to serve for the water management and drainage ofproject 3 Picnic areas parks and passive recreation areas 4 Small buildings enclosures or other structures constructed for purposes of maintenance storage recreation or shelter with appropriate screening and landscaping 5 Small docks piers or other such facilities constructed for purposes of lake recreation for project occupants or members 6 Decks and platforms associated with restaurant and entertainment facilities on adj acent parcels shall be allowed to proj ect into Lake Open Space parcels 7 A lake open space parcel may be considered a buffer for developed parcels if it is adj acent to the parcel 8 Any other open space activity which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the district 6 04 PERMITTED ACCESSORY USES AND STRUCTURES Accessory uses and structures customarily associated with the uses permitted in this district I Customary accessory uses ofrecreational facilities 2 Any other recreational use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the district PUD document w BCC changes 2 3 20 07 doc 13 3.E.d Packet Pg. 307 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) 6 05 REGULATIONS 605 01 General All yards setbacks etc shall be in relation to the individual parcel 605 02 Minimum Lot Area None 605 03 Minimum Lot Width None 605 04 Minimum Yard Requirements Abutting the arterial roadway within the Pine Air Lakes Development and Airport Road to the west of the development shall be front yards a Front Yard Fifty 50 Feet b Side Yard Thirty 30 Feet c Rear Yard Fifty 50 Feet 605 05 Maximum Height of Structures Thirty five 35 feet unless otherwise approved during Development Review 6 06 SIGNAGE As permitted or required by the Land Development Code in effect at the time a permit is requested 6 07 MINIMUM OFF STREET PARKING AND OFF STREET LOADING REOUIREMENTS As permitted or required by the Land Development Code in effect at the time a permit is requested 6 08 MINIMUM LANDSCAPING REOUIREMENTS As permitted or required by the Land Development Code in effect at the time a permit is requested 6 09 MINIMUM LANDSCAPE BUFFER AREA Defined in Section 3 05 of this Document PUO document w BCe changes 2 3 20 07 doc 14 3.E.d Packet Pg. 308 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) DEVELOPMENT STANDARDS SECTION VII 7 01 PURPOSE The purpose of this Section is to set forth the standards for the development of the project 7 02 GENERAL All facilities shall be constructed in strict accordance with the Final Development Plan and all applicable State and local laws codes and regulations Except where specifically noted or stated otherwise the standards and specifications of the current official County Land Development Code shall apply to this project 7 03 CPUD MASTER DEVELOPMENT PLAN A Exhibit A illustrates the proposed development B The design criteria and system design illustrated on Exhibit A and stated herein shall be understood as flexible so that the final design may best satisfy the project the neighborhood and the general local enviroument Minor site alterations may be permitted subject to planning staff and administrative approval C All necessary easements dedications or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all areas in the project 7 04 CLEARING GRADING EARTHWORK AND SITE DRAINAGE All clearing grading earthwork and site drainage work shall be performed in accordance with all applicable State and local codes 7 05 STREETS All streets shall be dedicated to the public The petitioner wishes to reserve the right to maintain and landscape the unpaved portions of the right of way for roads within the project subject to the approval of the Development Services Director All public street design and construction shall meet the Collier County standards that are in effect at the time of approval 7 06 SIGNS As permitted or required by the Land Development Code in effect at the time a permit is requested 7 07 HOUSING To satisfy the project s affordable housing impacts cumulatively the applicant s mitigation for commercial and office uses shall be 206 424 00 These funds shall be paid to Collier County Affordable Housing Trust Fund at issuance of building permit If more than one building permit is involved then the payments shall be prorated on a 50 cent per square foot basis and a portion collected at the time each building permit is issued PUD document w BCe changes 2 3 20 07 doc 15 3.E.d Packet Pg. 309 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) 7 08 LANDSCAPING Al For off street parking areas All landscaping for off street parking areas shall be in accordance with the appropriate portion of the Land Development Code B For Naples Boulevard Land Improvements The Pine Air Lakes CDD shall complete the installation of the Naples Boulevard right of way landscaping as approved by Collier County Transportation Mode Department but will be limited to 400 000 00 in cost The Pine Air Lakes CDD shall maintain the right of way landscaping in perpertuity The installation shall take place within one year of this PUD amendment and the companion DRI Development Order amendment approval 7 09 ARCHITECTURAL DESIGN REVIEW The petitioner intends to create an association to review individual parcel layout and architecture prior to the improvement of any parcel 7 10 COMMON AREA MANAGEMENT The petitioner intends to convey the common areas including the water retention and surface water management structures to Pine Air Foundation Inc a Florida not for profit corporation which will be responsible for implementation of the surface water management plan and have authority to assess the other lands within the district for the costs of such maintenance The petitioner would also grant an easement to Collier County with respect to the surface water management system so that the County could operate and maintain the system in the event the Foundation fails to do so 7 11 ENVIRONMENTAL The Environmental Advisory Council stipulations A A site clearing plan shall be submitted to the Natural Resources Department and the Community Development Division for their review and approval prior to any substantial work on the site This plan may be submitted in phases to coincide with the development schedule The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads buildings lakes parking lots and other facilities have been oriented to accommodate this goal B Native species shall be utilized where available to the maximum extent possible in the site landscaping design A landscaping plan will be submitted to the Natural Resources Department and the Community Development Division for their review and approval This plan will depict the incorporation of native species and their mix with other species if any The goal of site landscaping shall be the re creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities C All exotic plants as defined in the County Code shall be removed during each phase of construction from development areas open space areas and preserve areas Following site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species This plan which will describe control techniques and inspection intervals shall be filed with and approved by the Natural Resources Department and the Community Development Division D If during the course of site clearing excavation or other constructional activities an archaeological or historical site artifact or other indicator is discovered all development at that location shall be immediately stopped and the Natural Resources Department PUO document w BCe changes 2 3 20 07 doc 16 3.E.d Packet Pg. 310 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) notified Development will be suspended for sufficient length of time to enable the Natural Resources Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability The Natural Resources Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities E The cypress wetland and buffer zone is to be checked and approved by the Natural Resources Personnel prior to any construction in the vicinity of the wetlands F As many existing native trees and shrubs as possible shall be incorporated into the development G The developers shall demonstrate to the Natural Resources Department that this development will be in compliance with the water quality regulations as outlined by DEP and SFWMD when they return with their site development plans and more specifically if DEP or SFWMD requires water quality monitoring of their stormwater run off then Natural Resources Department requests that they receive copies of all the data 7 12 FIRE The North Naples Fire Control District has stated their ability to serve the Pine Air Lakes Project with the following stipulations A Water mains and the locations of the fire hydrants must be approved by them prior to issuance of any building permits B Pine Air Lakes shall commit to pay its fair share for improvements needed as a result of the development if and when an impact fee policy is adopted by the North Naples Fire District to cover the entire District 7 13 EXEMPTIONS TO THE SUBDIVISION REGULATIONS Pine Air Lakes development shall be exempt from the following Land Development Code requirements A Section 06 06 01 Q l LDC Street name signs shall be approved by the Development Services Director but need not meet the U S D O T F H W A Manual of Uniform Traffic Control Devices B Section 05 06 00 LDe Entry signage may be located within the right of way of the dedicated roadway Such signage and planting shall be approved by the Development Services Director C The requirement to place permanent reference monument and permanent control points in a typical water valve where such monuments occur within street pavement areas shall be waived 7 14 TRANSPORTATION A Except for the three permitted connections to Airport Road all access to individual parcels shall be internal from Naples Boulevard or from loop roads connecting adjacent properties in an effort to help reduce vehicle congestion on nearby collector and arterial PUD document w BCC changes 2 3 20 07 doc 17 3.E.d Packet Pg. 311 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) roads and minimize the need for traffic signals as described in Policy 7 2 of the Future Land Use Element B The developer shall provide crosswalks at the intersection of Naples Boulevard and the future Interconnection Road Regal Cinema Property and at the future intersection west of the Regal Cinema property at the existing Naples Boulevard Curb cut located approximately V mile to the north of the southern property line of the CPUD along Naples Boulevard The crosswalk for the future Interconnection RoadRegal Cinema intersection with Naples Boulevard shall be installed simultaneously with the permanent traffic signal All crosswalk requirements shall be completed prior to the build out of the CPUD C Naples Boulevard is constructed and dedicated to Collier County and the water system is looped in accordance with the Utilities Division regulations and requirements D All Collier County traffic impact fees for Pine Air Lakes CPUD shall be as provided by the current impact fee ordinance E In conjunction with the six Ianing of Airport Road the following improvements shall be made at the intersection of Naples Boulevard with Airport Road 1 The developer has constructed or contributed its fair share payment for the construction of one additional northbound left turn lane from Naples Boulevard to Airport Pulling Road for a total of two left turn lanes 2 The developer has constructed or contributed its fair share payment for the construction of the traffic signal at the intersection of Airport Road and Naples Boulevard 3 In addition to the forgoing at the County s request the developer shall construct a third northbound left turn lane from Naples Boulevard to Airport Pulling Road within one year of the approval of this CPUD amendment and DRI development order amendment 4 The developer shall extend the stacking lanes for the north to westbound left turn lane onto Naples Boulevard from Airport Road within one year of the approval of this CPUD amendment and DRI development order amendment F All proposed median opening locations shall be in accordance with the Collier County Access Management Policy Resolution No 01 247 as it may be amended and the Land Development Code as it may be amended Collier County reserves the right pursuant to Collier County ordinances to modify or close any median opening existing at the time of approval of this CPUD which is found to be adverse to the health safety and welfare of the public Any such modifications shall be based on but are not limited to safety operational circulation and roadway capacity G A five 5 foot sidewalk easement and completed sidewalk have been provided by the developer within the twenty 20 foot buffer along the Airport Road frontage An additional one I foot sidewalk easement shall be provided by the developer within the twenty 20 foot buffer along the Airport Road frontage north of Naples Boulevard at Collier County s request and within one year of the approval of this CPUD amendment and DRI development order amendment PUD document w BCC changes 2 3 20 07 doc 18 3.E.d Packet Pg. 312 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) H All work within Collier County rights of way or public easements shall reqUire a right of way permit 1 Any reduction in parking spaces as a result of interconnection with projects to the north and west shall be consistent with Subsection 4 04 02 B 3 of the Land Development Code quoted below During the development or redevelopment of commercial or residential projects and all rezone petitions shared access and interconnection shall be required Should the shared access or interconnection require the removal of existing parking spaces the applicable development will not be required to mitigate for the parking spaces The County Manger or designee shall require the shared access and interconnection unless in the professional judgment of the County Manger or designee one of the following criteria prohibits this requirement a It is not physically or legally possible to provide the shared access or interconnection b The cost associated with the shared access or interconnection is umeasonable For this application umeasonable will be considered when the cost exceeds the cost of a typical local road section or is above 10 of the value of the improvements being made to the development c The location of environmentally sensitive lands precludes it and mitigation is not possible d The abutting use is found to be incompatible with the existing or proposed use J All traffic control devices signs pavement markings and design criteria shall be in accordance with Florida Department Transportation FDOT Manual of Uniform Minimum Standards MUMS current edition FDOT Design Standards current Edition and the Manual on Uniform Traffic Control Devices MUTCD current Edition All other improvements shall be consistent with and as required by the Collier County Land Development Code K Site related improvements necessary for safe ingress and egress to this project as determined by Collier County shall not be eligible for impact fee credits All required improvements shall be in place and available to the public prior to the issuance of the first certificate of occupancy CO or when requested by Collier County L Nothing depicted on any the CPUD Master Plan except for those access points in existence as of the date hereof shall vest any right of access at any specific point along any property frontage or property line All such access shall be consistent with the Collier County Access Management Policy Res No 01 247 as it may be amended from time to time and with the Collier County Long Range Transportation Plan The number of access points may be less than the number depicted on the Master Plan however no additional external access points shall be considered unless a PUD amendment or PUD insubstantial change is approved M All intemal roads driveways alleys pathways sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the PUD document w BCe changes 2 3 20 07 doc 19 3.E.d Packet Pg. 313 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) developer and Collier County shall have no responsibility for maintenance of any such facilities N If any turn lane improvement requires the use of any existing County right of way or easement and there is insufficient right of way available the developer shall accommodate those turn lanes within the development O If in the sole opinion of Collier County a traffic signal or other traffic control device sign or pavement marking improvement within a public right of way or easement within the boundary of this CPUD is determined to be warranted the cost of such improvement shall be borne by the Developer and shall be paid to Collier County P At the request of Collier County two Collier Area Transit CAT bus stops with shelters shall be installed by the developer or at the discretion of Collier County a designated park and ride location shall be provided in lieu of the shelters The exact location will be determined during site development plan review process This commitment shall be fulfilled within one year of the approval of this CPUD amendment and DRI development order amendment Q The developer shall contribute an amount not to exceed 50 000 00 to Collier County s SCOOT program along Pine Ridge Road to include two additional intersections This contribution to Collier County shall be made within one year of the approval of this CPUD amendment and DRI development order amendment R In lieu of the annual traffic counts for the PUD monitoring requirements the developer shall make a payment to Collier County to install four permanent count stations not to exceed a total of 40 000 00 purusant to the Land Development Code Payment to Collier County shall be made within one year of the approval of this CPUD amendment and DRI development order amendment S The developer shall construct or cause to be constructed an interconnection road to the industrial park to the north of the CPUD as shown on Exhibit C The developer shall be responsible to coordinate the construction with the owner of the property currently developed as Naples Dodge The construction of the interconnection road shall be completed at the earlier to occur of i prior to the issuance of a CO for any improvements constructed upon the eastern 9 86 acre portion of Pine Air Lakes Unit 3 Lot 1 tax parcel 66760010044 or ii within one year of the approval of this CPUD amendment and DRI development order amendment T The developer shall extend the eastbound stacking lane on Pine Ridge Road for the north bound turn onto Naples Boulevard within one year of the approval of this CPUD amendment and DRI development order amendment U The developer shall utilize the existing Naples Boulevard median County right of way to construct a second right tum lane from southbound Naples Boulevard onto westbound Pine Ridge Road within one year of the approval of this CPUD amendment and DRI development order amendment V The developer shall modify the Naples Boulevard median cuts used for controlling traffic entering and exiting the Home Depot and NCH sites from Naples Boulevard in PUD document wBCe changes 2 3 20 07 doc 20 3.E.d Packet Pg. 314 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) accordance with the design criteria approved by the Collier County Transportation Department within one year of the approval of the CPUD amendment and DRI development order amendment and after the design criteria have been approved by the Collier County Transportation Department W When traffic counts warrant and when requested by the Collier County Transportation Department the developer shall construct a mast arm traffic signal at the future intersection that will be located at the existing curb cut on Naples Boulevard approximately V mile from the southern boundary of the CPUD west of the Regal Cinema X I Within sixty 60 days after the approval of this CPUD amendment and DRI development order amendment the developer shall install a temporary traffic signal on Naples Boulevard at the intersection of Naples Boulevard and the entry to the Regal Cinema property The Collier County Transportation Department shall provide the lights and controls and the developer shall pay the costs of purchasing and installing the temporary poles and installing the temporary traffic signal 2 The developer shall design and construct a mast arm traffic signal permanent traffic signal to replace the temporary signal concurrent with the construction of the interconnection road referenced in Subsection 7l4 S of this Document but in any event the construction of the permanent traffic signal shall be completed within one year of the approval of this CPUD amendment and DRI development order amendment 7 15 WATER MANAGEMENT A Conceptual and or detailed site drainage plans shall be submitted to the Environmental Advisory Board for review B The Developer has provided to Collier County a thirty five 35 foot wide and a twenty five 25 foot wide perpetual non exclusive easement for drainage purposes along the western boundary of the Pine Air Lakes project a thirty 30 foot wide temporary non exclusive construction easement which parallels a twenty five 25 foot wide temporary non exclusive drainage easement both of which temporary easements connect with the temporary drainage easement for the lake abutting the property s northeastern boundary along Airport Pulling Road around which lake the thirty 30 foot temporary construction easement continues all as more fully described in the drainage conveyance documents dated April 1994 and the drawings attached thereto and prepared by Wilson Miller Barton Peek Inc dated February 1994 for File No 2G 403 Said temporary easements are for the purpose of accepting and transmitting 29 acres of Pine Ridge Industrial Park Northeast Quadrant drainage through the water management system and shall be abandoned at time of site development plan approval of the area north of Naples Boulevard At time of site development plan approval a twenty five 25 foot wide perpetual non exclusive easement for drainage purposes shall be dedicated to Collier County and recorded in the public records C An excavation permit will be required for the proposed lakes in accordance with appropriate County ordinances PUD document w BeC changes 2 3 20 07 doc 21 3.E.d Packet Pg. 315 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) UTILITY SERVICE SECTION VIII 8 01 PURPOSE The purpose of this section is to provide a list of utility services and how they will be provided A See the Utilities Division stipulations per their memos dated July 23 1985 and September 21 1985 8 02 W ATER SUPPLY The Collier County Water and Sewer District shall provide water to the Pine Air Lakes Development from the existing 16 water main located within the Airport Road right of way 8 03 SOLID WASTE COLLECTION Solid waste collection for the Pine Air Lakes Project will be handled by the company holding the franchise for that area of the County 8 04 ELECTRIC POWER SERVICE Florida Power and Light Company will provide electricity to the entire Pine Air Lakes Project 8 05 TELEPHONE SERVICE Telephone service will be supplied by appropriate provider to the Pine Air Lakes Project 8 06 TELEVISION CABLE SERVICE The Pine Air Lakes Project will be provided cable service by the cable company holding the franchise for that area of the County 8 07 EASEMENTS FOR UNDERGROUND UTILITIES All on site utilities such as telephone electric power cable television service waste water collection water distribution etc shall be installed underground Only items such as electrical feeder lines lift stations etc which require above ground installation shall be permitted above ground 8 08 WATER DISTRIBUTION AND SEWERAGE MAIN DEDICATION The water distribution and sewerage mains shall be located in the road right of way and will be dedicated to the public The water distribution and sewerage mains will be deeded to Collier County Water and Sewer District upon completion in accordance to applicable county ordinances in effect at the time of the Pine Air Lakes PUD Submission The applicant or future owners will pay appropriate development hook up fees at the time of application for building permits Should any water sewer system elements be located outside the road right of way the appropriate easements will be dedicated 8 09 PROJECT EASEMENTS AND SERVICES All easements and services mentioned in this and previous sections of this Document shall be non exclusive PUD document w BCe changes 2 3 20 07 doc 22 3.E.d Packet Pg. 316 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) DEVELOPMENT OF REGIONAL IMPACT SECTION IX The Developer its successors in interest and all future assigns or designees shall adhere to all commitments made in the Development of Regional Impact DRI Application for Development Approvals ADA sufficiency responses and attachments for this amendment and all previously adopted DRI Development Order DO actions for this project PUD document w BCC changes 2 3 20 07 doc 23 3.E.d Packet Pg. 317 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) I c7 mfi t G f 0 lif1f v r j u 5 N o E 0 S ill i tj 8l 8 Nd J i N 8 o I e ii Iii 1 IE FUTURJ CONNeCTION z II POSSIBLC FUTURE CQINECTION PRO 0Sl I AKE ef1 MIXED USE RETAIUOFFICE p OPosnL1ALTtAKC LXISTlNG LAKE J JOI INSQJN ENGINEERING t rr L KC MIXED USE RETAtUOFFICE g MIXED USE RHA1UOFFlCE NAPLES DODGE nl I ii I EXISTIIG LAK 2 o MIXED USE RET AtUOFFICE cJ a o 0 f s I j 1 U BOB TAYlOR CHEVROLET Land Use Summary Mixed Use Office Retail ROW Lake Open Space Preserve Area IlncludinlllMfm Total HOME DEPOT 2158 JOHNSON SlREET P O BOX 1550 FORT MYERS FLORIDA 33902 1550 PHONE 239 3340046 FAX 239 3343661 E B 1642 LB 11I642 103 00 Acres 0 69 Acres 3349 Acres 1 81 Acres 148 99 Acres o 200 400 SCALE IN FEET Master Concept Plan DAlE March 2007 EET 3.E.d Packet Pg. 318 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) LEGAL DESCRIPTION porce or tr c of l nd lyln9 In S etlon II TownshIp 9 So th RAnge tS ast Col1hr County florid bctn9 d cdb i foil CQlmndl 9 t thot ftorthciu orn r of uld 5 t10 11 n S 0002144 W 1 n9 lh lit 11n of said Scctlo 11 dhUnce of 1316 86 eet thence S esOH 13 W 10Q 04 ftct to the PO HT Of e Gt IHG lR the st rly r19ht o VlY ltne of County R4td f 31 lheACt continue S 8041 3 V 2 5 0G ut thence S 01005127 lJl 71 eet thtnce S o eos 1S t 1316 18 ce q nce eeoSt 31 13l Cl ftet lMlce K 00 18 58 W 329 5 f t thence K 88050 S7 ElliS r t to the r st rly r1Jht lt vy lintof County ROld Ko 31 thtflct K 00 21 la 110n1 uld r19 t O fl 111nc 983 2 8 f et thence K 00027 0 E 110n9 s 1d rt9ht o t1 line IJ18 60 eet to the POIKT or 8EGIllI lKG Slid parce l or tract conulnIRg 1c8 99 liCret IQrt or leu Subjtct to tucmenti restrlct ions J nd rutnttlons of fecenf ludn bUed on I be ln of 00027 7 on tho Eut Hn of tM lit of Soctlon n TOImshlp SouUl Un 25 Elst Collier County Flarf41 this 4u rlptloot cts U10 Klnl T 11II1 Sun4Inl u set o by the norfdl eOlMS of Lind SurveyQrt pursutnt to olptU 472 027 riorldl SUtutu Pine Air Lakes PUDZ A 2005 AR 8550 Exhibit B 3.E.d Packet Pg. 319 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) EXHIBIT e Pine Air Lakes I Naples Dodge Interconnect Exhibit Naples Dodge 1 c rIr C c iI r l f 1 i 1 l a P 4 mEr CG t 11 oot4f1f Hollywood 20 THIS EXHIBIT IS CONCEPTUAL THE FINAL DESIGN SHALL BE APPROVED BY TRANSPORTATION DEPARTMENT DURING SITE DEVELOPMENT PLAN REVIEW ANY REVISIONS TO THIS EXHIBIT SHALL NOT REQUIRE AN AMENDMENT 3.E.d Packet Pg. 320 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) STATE OF FLORIDA COUNTY OF COLLIER I DWIGHT E BROCK Clerk of Courts in and for the Twentieth Judicial Circuit Collier County Florida do hereby certify that the foregoing is a true and correct copy of ORDINANCE 2007 32 Which was adopted by the Board of County Commissioners on the 13th day of March 2007 during Regular Session WITNESS my hand and the official seal of the Board of county Commissioners of Collier County Florida this 22nd day of March 2007 DWIGHT E BROCK Clerk of Courts and Clerk Ex officio to Board of County Commissioners uu DC By Ann Jennejohn Deputy Clerk 3.E.d Packet Pg. 321 Attachment: C Ord 07-32 (21744 : PL20210003067 Gator Golf Services) Created May 11, 2017 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides CPC PACKAGE CHECKLIST FOR APPLICANTS/AGENTS Return this form with printed materials (FOR PUDS) Please check each item as a method for tracking that all required data is included in the printed packets of information for the Collier County Planning Commission Board Members. DO NOT INCLUDE A COPY OF THE FINAL PUD ORDINANCE. COUNTY ATTORNEY INCLUDES THIS IN THE ORDINANCE. DO NOT PROVIDE DUPLICATES OF ANY DOCUMENTS ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. Backup provided by Applicant: Include a CD Disk with only one pdf file for all documents in the same order as the packets are put together. They must be in the same order. __X_ Application __X_ Narrative of rezone request __X_ Property Information __X_ Property Ownership and general description of site __X_ Disclosure of Interest __X_ Affidavit of Unified Control __X_ Affidavit of Representation ____ NIM Information (Sign in sheet, notes, minutes and/or summary) ____ Traffic Impact Study (TIS) ____ Environmental Data ____ Historical/Archeological Survey or Waiver ____ Utility Letter ____ Deviation Justifications ____ Boundary Survey ____ PUD Ordinance (the *last submitted Ordinance with strikethrough – color preferred) __X_ Other documents, as needed, on a case-by-case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any “private or legal” agreements affecting the PUD etc. (Conceptual Site Plan) ____ 3 thumbnail drives of audio and/or video of Neighborhood Information Meeting I understand that by submitting the above materials, it is the agent/applicant’s responsibility to ensure all materials are in the same order for all copies of backup materials to provide to the CCPC and the CD must contain the documents in one pdf file (not multiple files) in the same order as the printed materials. It is the agent’s responsibility to ensure no documentation is left out. ________________________________________ _____March 18, 2022__________ Signature of Agent Representative Date ____Sarah E. Spector, Roetzel & Andress LPA____ Printed Name of Signing Agent Representative 3.E.e Packet Pg. 322 Attachment: D Applicant Backup Materials (21744 : PL20210003067 Gator Golf Services) Cattier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Revised 5/8/2018 Page 1 of 2 Comparable Use Determination LDC sections 2.03.00 A, 10.02.06 J & Code of Laws section 2-83 – 2-90 Chapter 3 G.6 of the Administrative Code PROJECT NUMBER PROJECT NAME DATE PROCESSED  PUD Zoning District  Standard Zoning District 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: __________________________________________________________________ PROPERTY INFORMATION Site Address: ________________________________Folio Number: _________________________ Property Owners Name: ____________________________________________________________ DETERMINATION REQUEST The determination request and justification for the use must be done by a certified land use planner or a land use attorney. Provide the completed request on a separate attached sheet. Please be very specific and include the SIC Code, if known. The request should adhere to the following format: “I request a determination from the Planning Manager and approval from the Office of the Hearing Examiner, that the use of ____________ is comparable and compatible with the permitted uses in the ____________ PUD or in the ________________Straight Zoning District.” To be completed by staff DMD Florida Restaurant Group G,LLC PIEx2,LLC 14519 Global Parkway Fort Myers FL 33913 239.334.4000 239.707.7894 dave@gatorgolfcars.com Sarah E.Spector Roetzel &Andress 2320 First Street,Suite 1000 Fort Myers FL 33901 239.338.4213 239.910.6683 239.337.0970 sspector@ralaw.com 5947 Naples Boulevard 61560000068 DMD Florida Restaurant Group G,LLC golf cart sales &service Pine Air Lakes 4 3.E.e Packet Pg. 323 Attachment: D Applicant Backup Materials (21744 : PL20210003067 Gator Golf Services) Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 SUBMITTAL REQUIREMENTS CHECKLIST See Chapter 3 G.6 of the Administrative Code for submittal requirements. The following items are to be submitted with the application packet. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 0 Affidavit of Authorization 1 I Completed Addressing Checklist 1 E Determination request and the justification for the use 1 PUD Ordinance and Development Commitment information Fa Property Ownership Disclosure Form 1 Electronic Copies of all documents *Please be advised: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 1 1,1 q 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. FEE REQUIREMENTS: Application: $1,000.00; Additional Fees of $100 per hour will be charged as needed upon completion of review and research. Payment of Additional Fees will be required prior to the release of the verification. Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00 All checks payable to: Board of County Commissioners The completed application, all required submittal materials, and the permit fee shall be submitted to: Growth Management Department/Zoning Division ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 614 Applicant Sigry4ture David J. Parker, Manager Printed Name 2 Date Please be advised that the zoning letter is based upon the available records furnished by Collier County and what was visible and accessible at the time of inspection. This report is based on the Land Development Code that is in effect on the date the report was prepared. Code regulations could be subject to change. While every attempt has been made to ensure the accuracy or completeness, and each subscriber to or user of this report understands that this department disclaims any liability for any damages in connection with its use. In addition, this department assumes no responsibility for the cost of correcting any unreported conditions. Revised 5/8/2018 Page 2 of 2 3.E.e Packet Pg. 324 Attachment: D Applicant Backup Materials (21744 : PL20210003067 Gator Golf Services) Page 1 of 7 COMPARABLE USE DETERMINATION NARRATIVE STATEMENT Property Address:5947 Naples Boulevard Folio Number:61560000068 Name of Property Owner:DMD Florida Restaurant Group G, LLC Name of Contract Purchaser:PIEx2 LLC Contract purchaser and applicant, PIEx2 LLC, has submitted a Comparable Use Determination application for purposes of having the County declare that the proposed use of the above- referenced property is consistent with and comparable to the uses permitted in the Regional Commercial areas of the Pine Air Lakes Commercial Planned Unit Development (the “PUD”), as set forth in Collier County Ordinance 07-32 (the “PUD Ordinance”), a copy of which has been provided with this application. Specifically, PIEx2 LLC would like to construct and operate a golf cart sales facility on the above-referenced property. The proposed use will be the retail sale of new and refurbished street legal and non-street legal golf carts, 99% of which will be electric with the remaining 1% being gas-powered. There will be no service or repairs performed onsite, nor will there be any storage of carts. The hours of operation will be Monday through Friday from 9:00 AM to 4:00 PM May through August and Monday through Saturday from 8:00 AM to 5:00 PM September through April. Golf carts will be delivered to and from the property via the applicant’s company truck; no semi- trailer trucks will be used. The company truck, an example of which is shown in the picture below, transports four (4) two-passenger carts or two (2) six-passenger carts at a time. Even when loaded with carts, the truck will be able to travel under the second story display area discussed in the following paragraph. The will allow the delivery truck to operate as any normal automobile with ingress and egress of the parking lot. 3.E.e Packet Pg. 325 Attachment: D Applicant Backup Materials (21744 : PL20210003067 Gator Golf Services) Page 2 of 7 The proposed building incorporates glass garage doors to be opened on the first floor. This will allow for carts to be moved out onto cement pads for outdoor display during store hours; when the store closes, the carts will be returned inside the building. The second floor has an outdoor display area that is accessible by a garage door opening in the rear (west side) of the building, under the “Second floor outdoor display” area labeled below. It is through this garage door opening that the company truck will enter to load and unload carts. The following is a rendering of the building as currently proposed, though this may change as it moves through the permitting process: The following rendering demonstrates the first floor outdoor display during business hours, which again is being provided for illustration only given that the building plan may change through the permitting process: 3.E.e Packet Pg. 326 Attachment: D Applicant Backup Materials (21744 : PL20210003067 Gator Golf Services) Page 3 of 7 From our review of the 1987 Standard Industrial Classification (SIC) Manual, golf cart sales would most appropriately fall under Industry Group 5599, relative to Automotive Dealers, Not Elsewhere Classified. The SIC Manual provides the following relative to this Industry Group: Establishments primarily engaged in the retail sale of new and used automotive vehicles, utility trailers, and automotive equipment and supplies, not elsewhere classified, such as snowmobiles, dunebuggies, and gocarts. Also included in this industry are establishments primarily engaged in the retail sale of aircraft. Aircraft dealers-retail Dunebuggies-retail Gocarts-retail Snowmobiles-retail Trailers, utility-retail Utility trailers-retail However, the PUD Ordinance does not currently list Industry Group 5599 as a permitted use in the Regional Commercial area of the PUD. That being said, the PUD Ordinance does allow uses that are akin to the proposed golf cart sales use. Specifically, motorcycle sales and service (SIC Codes 5571 and 7699) is listed as a permitted use in the PUD Ordinance. Along those same lines, the PUD Ordinance allows, as a permitted use, automobile sales, and associated service departments, citing to SIC Codes 5541 (Gasoline Service Stations) and 5511 (Motor Vehicle Dealers (New and Used)). This is the case even though Section 2.03.06(E) of the Collier County Land Development Code (the “LDC”) only includes Group 5541 as a permissible commercial use in planned unit developments. Given that the request is only to find that the proposed use – a golf cart sales facility (which will not include a service component) – is consistent with and comparable to the uses permitted in the Regional Commercial areas of the PUD, the remainder of this narrative will focus on only the sales component of the currently permitted uses. The 1987 SIC Manual provides the following relative to Industry Code 5571, relative to Motorcycle Dealers: Establishments primarily engaged in the retail sale of new and used motorcycles, including motor scooters and mopeds, and all-terrain vehicles. All-terrain vehicles-retail Bicycles, motorized-retail Mopeds-retail Motor scooters-retail Motorcycle dealers-retail Motorcycle parts-retail The 1987 SIC Manual then provides the following relative to Industry Code 5511, relative to Motor Vehicle Dealers (New and Used): Establishments primarily engaged in the retail sale of new automobiles or new and used automobiles. These establishments frequently maintain repair departments 3.E.e Packet Pg. 327 Attachment: D Applicant Backup Materials (21744 : PL20210003067 Gator Golf Services) Page 4 of 7 and carry stocks of replacement parts, tires, batteries, and automotive accessories. These establishments also frequently sell pickups and vans at retail. Automobile agencies (dealers)-retail Automobiles, new and used-retail Cars, new and used-retail Motor vehicle dealers, new and used cars-retail Pickups and vans, new and used-retail It is important to note that Industry Codes 5511, 5571, and 5599 all fall under Major Group 55 relative to Automotive Dealers and Gasoline Service Stations, which is found in Division G relative to Retail Trade. Additionally, pursuant to Section 2.03.06(C)(3) of the Collier County Land Development Code (the “LDC”), Commercial Planned Unit Development Districts (CPUDs) are to be construed to include the following districts: C-1, C-2, C-3, C-4, C-5 and TTRVC. The following is a summary of the relevant uses that are permitted, either as permitted uses or conditional uses, in the commercial zoning districts included in the list of CPUD districts: Zoning District Permitted Use Conditional Use Commercial Intermediate District (C-3) N/A Automotive vehicle dealers (SIC Code 5511, limited to automobile agencies (dealers) –retail and only new vehicles) General Commercial District (C-4) Automotive vehicle and equipment dealers (SIC Codes 5511 and 5599, new vehicles only) Motorcycle dealers (5571) Automotive dealers and gasoline service stations (SIC Codes 5511 and 5521) Dealers not elsewhere classified (SIC Code 5599 outdoor display permitted, excluding Aircraft dealers- retail) Heavy Commercial District (C-5) Automotive dealers, not elsewhere classified (SIC Code 5599) Motor vehicle dealers, new and used (SIC Codes 5511 and 5521) Motorcycle dealers (5571) N/A As it relates to the proposed sales only use, the current permitted PUD use of motorcycle sales (SIC Code 5571) is akin to the motorcycle dealers (SIC Code 5571) use permitted as of right in both the C-4 and C-5 zoning districts. Similarly, the current permitted PUD use of automobile sales (SIC Code 5511) is akin to the automotive vehicle and equipment dealers, new vehicles only 3.E.e Packet Pg. 328 Attachment: D Applicant Backup Materials (21744 : PL20210003067 Gator Golf Services) Page 5 of 7 (SIC Codes 5511 and 5599) use permitted as of right in the C-4 zoning district and the automotive dealers, not elsewhere classified (SIC Code 5599) use permitted as of right in the C-5 zoning district. Those same uses would also permit, as a principal use, the sale of golf carts given that they generally reference equipment dealers (in the C-4 zoning district) and automotive dealers, not elsewhere classified (in the C-5 zoning district) and specifically reference SIC Code 5599. In addition to the Code-based analysis set forth above, a review of the current uses within the PUD demonstrates that the proposed golf cart sales use is consistent with and comparable to what already exists today. An Infiniti car dealership is located immediately across Naples Boulevard from the subject property, while there is a Volvo car dealership immediately south of the Infiniti dealership. The following picture demonstrates the proximity of these existing uses to the proposed use (with a view facing south from the intersection of Naples Boulevard and Hollywood Drive): The proposed use is also compatible with the immediately adjacent uses, which include a Dick’s Sporting Goods store and Aldi’s Supermarket. The following picture demonstrates the proximity of these existing uses to the proposed use (with a view facing south from the parking lot between Dick’s Sporting Goods and Aldi’s and the adjacent Costco): Based on the foregoing, it is appropriate to find that a golf cart sales facility (without a service component) is consistent with and comparable to the uses permitted in the Regional Commercial areas of the PUD, such that the applicant can construct and operate the facility discussed at the beginning of this narrative statement without needing to amend the PUD Ordinance. The request is consistent with the standards found in Section 10.02.06 K.2 of the LDC as follows: 3.E.e Packet Pg. 329 Attachment: D Applicant Backup Materials (21744 : PL20210003067 Gator Golf Services) Page 6 of 7 a. The proposed use possesses similar characteristics to other permitted uses in the zoning district, overlay, or PUD, including but not limited to the following: i. Operating hours; ii. Traffic volume generated/attracted; iii. Type of vehicles associated with the use; iv. Number and type of required parking spaces; and v. Business practices and activities. The proposed golf cart sales use possesses similar characteristics to other permitted uses in the PUD, including the automobile sales (SIC Codes 5511) and motorcycle sales (SIC Code 5571) uses that are currently permitted. The operating hours, traffic volume generated/attracted, the type of vehicles associated with the use, the number and type of required parking spaces, and the business practices and activities of the permitted and proposed uses are also similar. b. The effect of the proposed use would have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. As outlined above, the proposed golf cart sales use is no different than the automobile sales (SIC Code 5511) and motorcycle sales (SIC Codes 5571) uses that are currently permitted and, as it relates to automobile sales, currently existing in the PUD. Accordingly, there will be no additional impact in relation to the noise, glare, or odor effects on neighboring properties over and above what is already permitted. c. The proposed use is consistent with the GMP, meaning the applicable future land use designation does not specifically prohibit the proposed use, and, where the future land use designation contains a specific list of allowable uses, the proposed use is not omitted. Pursuant to Section 2.02 of the PUD Ordinance, the Pine Air Lakes CPUD is a Development of Regional Impact that predates the adoption of the 1989 Growth Management Plan for Collier County. As such, it was deemed to have vested zoning rights through the Zoning Re-evaluation Program described in former Policy 3.1K of the Future Land Use Element. This is confirmed in reviewing Map FLUE-10, which identifies Existing Zoning Consistent with Future Land Use Element (FLUE) by Policy 5.11, 5.12, 5.13, and 5.14 for Township 49, Range 25 and 26. The relevant portion of Map FLUE-10 is pasted below: 3.E.e Packet Pg. 330 Attachment: D Applicant Backup Materials (21744 : PL20210003067 Gator Golf Services) Page 7 of 7 As set forth in Policy 5.12 of the FLUE, properties that have been found to have vested zoning rights are deemed consistent with the FLUE. d. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. As laid out above, the proposed use is compatible and consistent with the other permitted Regional Commercial uses in the PUD. e. Any additional relevant information as may be required by County Manager or Designee. The applicant is more than happy to provide additional relevant information required by the County Manager or his designee. 17944476 _1 3.E.e Packet Pg. 331 Attachment: D Applicant Backup Materials (21744 : PL20210003067 Gator Golf Services) 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 T49, R25, S11 n Comparable Use Determination Tract 2,Naples Center Village,according to the Plat thereof recorded in PB 58,Pages 95-98,Collier County Public Records 61560000068 5947 Naples Boulevard 3.E.e Packet Pg. 332 Attachment: D Applicant Backup Materials (21744 : PL20210003067 Gator Golf Services) 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 10/19/2021 61560000068 n Sarah E.Spector and Roetzel &Andress 239.338.4213 sspector@ralaw.com 3.E.e Packet Pg. 333 Attachment: D Applicant Backup Materials (21744 : PL20210003067 Gator Golf Services) Project Location 3.E.e Packet Pg. 334 Attachment: D Applicant Backup Materials (21744 : PL20210003067 Gator Golf Services) Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 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 DMD Restaurant Group,LLC,Manager DMD Florida Restaurant Group G,LLC 100 Double Mountain Development Ventures LLC,Manager,DMD Restaurant Group,LLC 100 Jack Flechner,Manager,Double Mountain Development Ventures LLC 38 Frederick Burgess,Manager,Double Mountain Development Ventures LLC 38 3.E.e Packet Pg. 335 Attachment: D Applicant Backup Materials (21744 : PL20210003067 Gator Golf Services) Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 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: PIEX2 LLC 100 David J.Parker,Manager,PIEX2 LLC 100 9.14.2021 3.E.e Packet Pg. 336 Attachment: D Applicant Backup Materials (21744 : PL20210003067 Gator Golf Services) Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Date of option: Date option terminates: or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition, The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/0 er Signf ure Date David J. Parker, Manager Agent/Owner Name (please print) PIEx2 LLC Created 9/28/2017 Page 3 of 3 3.E.e Packet Pg. 337 Attachment: D Applicant Backup Materials (21744 : PL20210003067 Gator Golf Services) AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) 1, 1 ,1 -(11 f L Ici.tilk (print name), as A4A/V4CE (title, if applicable) of DMD Florida Restaurant Group G. LLC (company, If applicable), swear or affirm under oath, that I am the (choose one) owner ,,, applicant ricontract purchaser' and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize PIEx2, LLC to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are tr Signature STATE OF FLORIDA COUNTY OF COLLIER ii/Ozate The foregoing instrument was acknowleged before me by means of ysical presence or fl online notarization this /day of iliOnim t&20 by (printed name of owner or qualifier) /4 LA FLIEC 4wc LI Such person(s) Notary Public must check applicable box: personally known to me Has produced a current drivers license El Has produced Notary Signatu CP \ 08-00A-00115 \ 155 REV 3/4/2020 as identification. NICOLE BUTH MY COMMISSION # GG 232911 3 EXPIRES: August 16, 2022 ;-'".•'. Bonded Thru Notary Public Underwriters 3.E.e Packet Pg. 338 Attachment: D Applicant Backup Materials (21744 : PL20210003067 Gator Golf Services) AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) David J. Parker (print name), as applicable) of PIEx2 LLC under oath, that I am the (choose one) owner applicant' 3 Manager (title, if (company, If applicable), swear or affirm contract purchaser' land that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Sarah E. Spector and Roetzel & Andress to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L. L. C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penal s of perjlrry, I declare that I have read the foregoing Affidavit of Authorization and that the facts s true. Signature STATE OF FLORIDA COUNTY OF COLLIER (412( Date Th*foregoin Instru ent was acknowleged before me by means of riphysical presence or 0 online notarization this (t; day of , 20`4, by (printed name of owner or qualifier) David J. Parker, Manager . Such person(s) Notary Public must check applicable box: A re personally known to me 0 Has produced a current drivers license spaira.masassibiaassubr •4ir 00::‘904-. ALISHA SETSER 0 Has produced as identification. d • State of Florida 1,1 Coountsslon e HH 51539 %...S) I I Io oapi M Comm, ed Feb 1, L Itieded y through NExpirattohal Notary20n Assn. II .1.Notary Signature: l..A.L.3 neepieregenus CP \ 08-00A-00115 \ 155 REV 3/4/2020 3.E.e Packet Pg. 339 Attachment: D Applicant Backup Materials (21744 : PL20210003067 Gator Golf Services) N01°23'01"W 183.95'(C)15' PUE & LBE(PER PLAT)20' PUE & LBE(PER PLAT)R = 975.00'Δ = 2°40'48"CB = S0°37'51"EC = 45.51'L = 45.52'4" tree6" treeNAPLES BOULEVARD120' PUBLIC R/W - PINE LAKES UNIT 1lplplplpedge of wateredge of water25'BUILDING SETBACK18'(7) 9' X 16'SPACES(4) 9' X 18'SPACES(6) 9' X 18'SPACES(7) 9' X 18'SPACESACCESS EASEMENTPER PLATTRtcbtcbtcbtcbLAKE 3EXPANSION AREA(O.R. BOOK 4266, PAGE 3342)N88°45'12"E 233.56'(S)N01°22'35"W 116.10'(S)S88°36'06"W 233.55'(S)S01°51'30"E 69.97'(S)FLOOD ZONE XFLOOD ZONE AHELEVATION = 11.0FLOOD ZONE Xtop of bank30' CUE(PER PLAT)TWO - STORY4,362 SFF.F.E. = 12.50'C/L25' BUILDINGSETBACK15' BUILDINGSETBACK15' BUILDINGSETBACK10' LANDSCAPEBUFFER10' LANDSCAPEBUFFERASPHALT ENDS HERER15'R5'R3'R3'R1'R1'R12'R12'R25'5'4'66'27.9'24'18'18'24'18'10'24'DRIVEWAY9'9'9'5'12'9'74.7'5.9'14'11'12103444455566666667777889991111111213151617171932020202021191717171718' CONCRETE18'13'6'10'12.8'205.3'NEW BUILDING (SEE ARCHITECTURAL DRAWINGS).NEW TRASH ENCLOSURE (SEE ARCHITECTURAL DRAWING).NEW 6" CONCRETE PAVEMENT. SEE DETAILS, SHEET C05.01.NEW ASPHALT PAVEMENT. SEE DETAILS, SHEET C05.01.NEW 4" CONCRETE SIDEWALK, SEE PLAN FOR WIDTH.SEE DETAILS, SHEET C05.01.NEW TYPE "D" CURB. SEE DETAILS, SHEET C05.02.NEW WHEEL STOP (TYPICAL OF 25). SEE DETAILS, SHEET C05.01.NEW RAISED CONCRETE ISLAND. SEE DETAILS, SHEET C05.01.NEW 6-INCH "WHITE" PARKING/AISLE STRIPE (CONTINUOUS PAINT).NEW ACCESSIBLE PARKING SPACES AND ACCESS AISLE.SEE DETAILS, SHEET C05.01.NEW "WHITE" DIRECTIONAL ARROW (CONTINUOUS PAINT)NEW 24-INCH "WHITE" STOP BAR (CONTINUOUS PAINT).NEW 6-INCH "DOUBLE YELLOW" LANE STRIPE (PAINT)NEW ACCESSIBLE PARKING SIGN. SEE DETAILS, SHEET C05.02.NEW 30" R1-1 "STOP" SIGN. SEE DETAILS, SHEET C05.02.SAWCUT A 1/4" CONTROL JOINT IN NEW SIDEWALK AS SHOWN. NEWCONTROL JOINT DEPTH MUST BE A MINIMUM OF 25% OF THE OVERALL SLABDEPTH AND BE PERFORMED WITHIN 12 HR OF POUR. (TYPICAL). SEEDETAILS, SHEET C04.01.NEW STORM STRUCTURE. SEE STORM PIPING PLAN, SHEET C03.02.NEW 4" CONCRETE PAVEMENT. SEE DETAILS, SHEET C05.01.GEOGRID TO BE INSTALLED BELOW GROUND COVER TO ALLOW FORTRAFFIC LOADS. GEOGRID BY GEOGRID MANUFACTURER.12345678910111213151617192021SCALE: 1" =0' 20'20'40'REFERENCENORTHSITE PLAN GENERAL NOTESKEYED NOTES1. ALL DIMENSIONS SHOWN ARE TO FACE OF CURB. BUILDING DIMENSIONSARE TO FACE OF BUILDING.2. EXISTING IMPROVEMENTS SHOWN ARE TAKEN FROM THE SURVEY.3. BUILDING AND SIDEWALK DIMENSIONS ARE TO OUTSIDE EDGE OF WALL4. ALL TIES TO THE PROPERTY LINE ARE BASED ON THE SURVEY.5. ALL CURB RADIUS ARE 3' UNLESS OTHERWISE NOTEDLEGENDPROPOSED CURBSETBACK/BUFFERPROPOSED CONCRETE LESS THAN 6"PROPOSED PAVEMENTPROPOSED CONCRETE 6" OR GREATERNEW ASPHALT PAVEMENTSCALEPLAN VIEW1" = 20'-PROPERTY LINEEXISTING TO REMAINEXISTING CONCRETE TO REMAIN10/01/21NAPLES, FLORIDA 341095947 NAPLES BOULEVARDSheetProject No.Project Name and AddressSheet TitleDateRevision/IssueNo.DateScaleAS NOTED300-06.00NISIT SAPPARKHAO, P.E.FL REG. NO. 64085DATEINFINITY ENGINEERINGGROUP, LLC1208 East Kennedy BoulevardSuite 230Tampa, Florida 33602[p]: 813.434.4770[f]: 813.445.4211www.iegroup.netFL Cert. of Auth. No. 2788910/01/21ISSUE FOR SFWMD PERMITphoenixfloridaassociates of12/08/21ISSUE FOR COUNTY & SFWMD PERMIT10/01/21NAPLES, FLORIDA 341095947 NAPLES BOULEVARDSheetProject No.Project Name and AddressSheet TitleDateRevision/IssueNo.DateScaleAS NOTED300-06.00NISIT SAPPARKHAO, P.E.FL REG. NO. 64085DATEINFINITY ENGINEERINGGROUP, LLC1208 East Kennedy BoulevardSuite 230Tampa, Florida 33602[p]: 813.434.4770[f]: 813.445.4211www.iegroup.netFL Cert. of Auth. No. 2788910/01/21ISSUE FOR SFWMD PERMITphoenixfloridaassociates of12/08/21ISSUE FOR COUNTY & SFWMD PERMITJURISDICTION COLLIER COUNTY/SWFWMDSITE ADDRESS: 5947 NAPLES BOULEVARDNAPLES, FLORIDA 34109PARCEL NUMBER: 61560000068BUILDING AREA: 4,362 SFZONING: CPUDNAME & ORDINANCE #: PINE AIR LAKES; ORD No. 07-32EXISTING LAND USE: VACANTPLAT NAME: NAPLES CENTER VILLAGEPARKING REQUIREMENTSRETAIL PARKING REQUIRED: 1 SPACE PER 300 SF8,624 SF/ 300 SF = 28 SPACESTOTAL PARKING REQUIRED: STANDARD PARKING = 28 SPACESTOTAL PARKING PROVIDED: STANDARD PARKING = 24 SPACESHANDICAP PARKING = 1 SPACETOTAL PARKING = 25 SPACESBUILDING STATISTICS:REQUIRED PROVIDEDBUILDING SETBACK - SOUTH = 15' = 16.6'BUILDING SETBACK - EAST (NAPLES BLVD.) = 25' = 30.9'BUILDING SETBACK - WEST = 15' = 138.91'BUILDING SETBACK - NORTH (ACCESS DR.) = 25' = 25'LANDSCAPE REQUIREMENTSLANDSCAPE SETBACK - SOUTH = 10'LANDSCAPE SETBACK - EAST (NAPLES BLVD.) = 20'LANDSCAPE SETBACK - WEST = 10'LANDSCAPE SETBACK - NORTH (ACCESS DR.) = 15'FLOOD ZONE:DESCRIBED PROPERTY LIES IN FLOOD ZONE X, AND FLOOD ZONE AH,ELEVATION 11.00 PER F.I.R.M. COMMUNITY PANEL NO. 120067 MAP NO. 12021C0384H DATED MAY 16, 2012.LEGAL DESCRIPTION:TRACT 2 OF NAPLES CENTER VILLAGE, ACCORDING TO THE PLAT THEREOF ASRECORDED IN PLAT BOOK 58, PAGE(S) 95 THROUGH 98, OF THE PUBLICRECORDS OF COLLIER COUNTY, FLORIDA.THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 27,000 SQUARE FEET OR0.62 ACRES OF LAND.SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.24'16'SITE DATAKnow what's below.Call before you dig.3.E.ePacket Pg. 340Attachment: D Applicant Backup Materials (21744 : PL20210003067 Gator Golf Services) 04/14/2022 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.F Item Summary: Petition No. PDI-PL20210002729 - Request for an insubstantial change to modify Section 12.4, Active Community Recreation Area, Lely Barefoot Beach Planned Unit Development (PUD), Ord. No. 85-83, as amended, to change the maximum building height from two habitable floors to 39.25-feet-zoned and 57.08-feet-actual. The subject PUD Tract is ± 6.25 acres located at 105 Shell Dr in Section 7, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Gabriela Castro, Principal Planner] Commission District 2 Meeting Date: 04/14/2022 Prepared by: Title: Principal Planner – Zoning Name: Gabriela Castro 03/28/2022 11:32 AM Submitted by: Title: – Zoning Name: Mike Bosi 03/28/2022 11:32 AM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 03/28/2022 11:42 AM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 04/04/2022 10:37 AM Zoning Ray Bellows Review Item Completed 04/04/2022 2:18 PM Zoning Mike Bosi Review Item Completed 04/04/2022 2:22 PM Hearing Examiner Andrew Dickman Meeting Pending 04/14/2022 9:00 AM 3.F Packet Pg. 341 Page 1 of 8 Lely Barefoot Beach PUD, PDI-PL20210002729 March 28, 2022 STAFF REPORT TO: HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: APRIL 14, 2022 SUBJECT: PDI-PL20210002729, LELY BAREFOTT BEACH PLANNED UNIT DEVELOPMENT (PUD) APPLICANT: AGENT: The Club at Barefoot Beach, Inc D. Wayne Arnold, AICP 105 Shell Drive Q. Grady Minor & Associates, P. A. Bonita Springs, FL 34134 3800 Via Del Rey Naples, FL 34109 Bonita Springs, FL 34134 REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial change to modify Section 12.4, Active Community Recreation Area, Lely Barefoot Beach Planned Unit Development (PUD), Ord. No. 85-83, as amended, to change the maximum building height from two habitable floors to 39.25-feet-zoned and 57.08-feet-actual. GEOGRAPHIC LOCATION: The subject tract is located at 105 Shell Drive and is approximately 6.25 ± acres located in Sections 7, Township 48 South, Range 25 East, Collier County, Florida. (See the Location Map on page 2 of this Staff Report.) 3.F.a Packet Pg. 342 Attachment: Staff Report Lely (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Page 2 of 8 Lely Barefoot Beach PUD, PDI-PL20210002729 March 28, 2022 3.F.aPacket Pg. 343Attachment: Staff Report Lely (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Page 3 of 8 Lely Barefoot Beach PUD, PDI-PL20210002729 March 28, 2022 3.F.aPacket Pg. 344Attachment: Staff Report Lely (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Page 4 of 8 Lely Barefoot Beach PUD, PDI-PL20210002729 March 28, 2022 PURPOSE/DESCRIPTION OF PROJECT: The original Lely Barefoot Beach Ordinance 77-48 was approved in 1977 since then there have been many amendments the most recent coming in 2019 Ordinance 19-44. The clubhouse was originally built in 1990, SDP 88-045, and has plans to expand. The original PUD language in section 12.4 allowed the active community recreation area to have two habitable floors. The purpose of this petition is to establish a numerical building height. The maximum building height would change to the following: Zoned Height: 39’3” Actual Height: 57’1” Please see Attachment A-Proposed PUD language. This change in how to measure building height and recent FEMA changes would allow modifications to the bottom floor that is currently un-airconditioned space. The modifications would allow the building to go to three habitable stories without increasing the numerical building height that was established when the original building permit and site development plan was proposed. SURROUNDING LAND USE AND ZONING (related to the subject parcels) North: Multi-Family condominium, known as Barefoot Beach Club III, with a zoning designation of Lely Barefoot Beach PUD East: Gulf of Mexico South: Single Family condominium, known as The Cottages at Barefoot, with a zoning designation of Lely Barefoot Beach PUD West: Lely Beach Boulevard and then wetland area 3.F.a Packet Pg. 345 Attachment: Staff Report Lely (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Page 5 of 8 Lely Barefoot Beach PUD, PDI-PL20210002729 March 28, 2022 Collier County GIS STAFF ANALYSIS: Comprehensive Planning: The proposed PDI is consistent with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). Transportation Element: According to the revised PDI document the proposed change will have no net increase or decrease in the number of trips generated by this development. Based on the revised PDI the subject petition request can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan because there are no additional traffic impacts resulting from the proposed changes. Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of the request. Zoning Review: As previously stated, the petitioner is proposing to modify the active community recreation area development standards that apply to the building height by changing the height from two habitable floors to instead provide the maximum zoned (39’3”) and actual height (57’1”), these heights are the existing heights of the built clubhouse (see Attachment C-Clubhouse Elevations). The proposed amendment would establish a height that the building must remain throughout the tract and not let the building be taller. Therefore, staff is recommending approval. Subject Property 3.F.a Packet Pg. 346 Attachment: Staff Report Lely (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Page 6 of 8 Lely Barefoot Beach PUD, PDI-PL20210002729 March 28, 2022 Environmental Review: Environmental Planning staff has reviewed this petition. The request is to amend Ordinance 85-83 to modify actual and zoned building heights. 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. Conservation and Coastal Management Element (CCME): Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). No revisions to the environmental portions of the PUD are being requested. CONCURRENT LAND USE APPLICATIONS: There is a concurrent application: PL20210002178, Site Development Plan Amendment for the Club at Barefoot Beach. 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. 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. The height of the clubhouse will remain the same, the height changes from a number of stories to a numerical zoned and actual height. 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? 3.F.a Packet Pg. 347 Attachment: Staff Report Lely (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Page 7 of 8 Lely Barefoot Beach PUD, PDI-PL20210002729 March 28, 2022 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 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? No. 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. 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. Transportation planning staff reviewed this petition, and no changes to the PUD Document are proposed that would be deemed inconsistent with 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. 3.F.a Packet Pg. 348 Attachment: Staff Report Lely (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Page 8 of 8 Lely Barefoot Beach PUD, PDI-PL20210002729 March 28, 2022 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 most recent zoning action in petition PUDA-PL20190001138. An excerpt from the staff report proposed for that petition is attached as Attachment E which contains the PUD Findings of Fact for PUDA- PL20190001138. NEIGHBORHOOD INFORMATION MEETING (NIM): The NIM was advertised for February 1st, 2022, at Club at Barefoot Beach, 105 Shell Drive Bonita Springs, Florida. No members of the public were present or participating remotely and therefore no readings or transcripts have been available. A copy of the NIM advertising is included in Attachment F-Backup Materials. STAFF RECOMMENDATION: Staff recommends that the Hearing Examiner approve Petition PDI-PL20210002729, Lely Barefoot Beach PUD subject to including the following attachment in the HEX Decision: 1. Attachment A- Proposed PUD Language Attachments: Attachment A-Proposed PUD Language Attachment B-Ordinance Number 19-44 Attachment C-Clubhouse Elevation and Photos Attachment D-Email from FEMA Attachment E-Rezone Findings and Findings for the PUD Attachment F-Backup Materials Attachment G- Sign Affidavit 3.F.a Packet Pg. 349 Attachment: Staff Report Lely (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Exhibit 1 Revised Section 12.4., Ordinance 85-83 PL20210002729 The Lely Barefoot Beach PUD Insubstantial Change (PDI) 3-4-2022 Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com 3.F.b Packet Pg. 350 Attachment: A Proposed PUD Revisions (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Words struck through are deleted; words underlined are added. PL20210002729 The Lely Barefoot Beach PUD (PDI) March 4, 2022 SECTION XII TRACT: ACTIVE COMMUNITY RECREATION AREA *** *** *** *** *** Text break *** *** *** *** *** 12.4 MAXIMUM BUILDING HEIGHT Two habitable floors.Zoned: 39’-3” (measured from BFE (13’) plus 1’) Actual: 57’-1” *** *** *** *** *** Text break *** *** *** *** *** 3.F.b Packet Pg. 351 Attachment: A Proposed PUD Revisions (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) ORDINANCE NO. 19 - 44 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 85-83, AN ORDINANCE AMENDING NO. 85-21, WHICH AMENDED NO. 77-48, THE LELY BAREFOOT BEACH PLANNED UNIT DEVELOPMENT (PUD); BY AMENDING SECTION III, PLATTED LELY BAREFOOT BEACH UNIT #1 BLOCKS A THROUGH K, LOW DENSITY SINGLE FAMILY RESIDENTIAL, TO CLARIFY THAT THE REPLAT OF BLOCK E KNOWN AS PLATTED BAREFOOT ESTATES REMAINS PART OF THIS SECTION; BY AMENDING SECTION 9.4.7 MAXIMUM HEIGHT FOR TRACT D TO INCREASE THE HEIGHT FROM TWO STORIES ABOVE MINIMUM BASE FLOOD ELEVATION TO THREE HABITABLE FLOORS; AND BY PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY KNOWN AS THE BAREFOOT ESTATES SUBDIVISION AND LELY BAREFOOT BEACH UNIT TWO SUBDIVISION IS LOCATED SOUTH OF BONITA BEACH ROAD IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST IN COLLIER COUNTY, FLORIDA. [PL20190001138] WHEREAS, on September 27, 1977, the Board of County Commissioners adopted Ordinance No. 77-48, which established the Lely Barefoot Beach Planned Unit Development PUD");and WHEREAS,the Board has subsequently approved multiple amendments of the PUD; and WHEREAS, Sarah Spector, Esquire of Roetzel & Andress, P.A., petitioned the Board of County Commissioners to amend Ordinance No. 85-83, the relevant amendment to Ordinance No. 77-48, the Lely Barefoot Beach PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SECTION III PLATTED LELY BAREFOOT BEACH UNIT #1 BLOCKS A THROUGH K, LOW DENSITY SINGLE FAMILY RESIDENTIAL OF LELY BAREFOOT BEACH PUD TO CLARIFY THAT THE REPLAT OF BLOCK E IS INCLUDED IN THIS SECTION. Section III, Platted Lely Barefoot Beach Unit #1 Blocks A Through K, Low Density Single Family Residential, of Ordinance Number 77-48, as amended, Lely Barefoot Beach 19-CPS-01916/1511874/1168 Underlined text is added;Struck through text is deleted. Lely Barefoot Beach PUDA-PL20190001138 Page 1 of 3 12/6/2019 3.F.c Packet Pg. 352 Attachment: B Ord. 19-44 (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Planned Unit Development is hereby amended to read as follows: SECTION III PLATTED LELY BAREFOOT BEACH UNIT#1 BLOCKS A through K INCLUDING PLATTED BAREFOOT ESTATES LOW DENSITY SINGLE FAMILY RESIDENTIAL 3.1 PURPOSE The purpose of this Section is to set forth development regulations applicable to Platted Lely Barefoot Beach Unit#1, Blocks A through K, including platted Barefoot Estates. 3.2 MAXIMUM DWELLING UNITS A maximum of 106 single family homesites may be constructed within platted Lely Barefoot Beach Unit#1, Blocks A through K, including platted Barefoot Estates. 3.4.8 STRUCTURAL REQUIREMENTS FOR RESIDENCES: Special structural requirements designed to protect beachfront residences from storm tide and wave damage are incorporated in the State of Florida approved protective covenants for the Lely Barefoot Beach project as contained in Coastal Setback Line Variance #74-75-V40. These construction standards shall be applicable to all residences developed in Block A through K of Platted Lely Barefoot Beach Unit#1 including platted Barefoot Estates. SECTION TWO: AMENDMENT TO MAXIMUM HEIGHT SUBSECTION OF TRACT D, LOW DENSITY SINGLE FAMILY RESIDENTIAL DEVELOPMENT SECTION OF LELY BAREFOOT BEACH PUD. Subsection 9.4.7, Maximum Height, of Section IX, Tract D, Low Density Single Family Residential Development, of Ordinance Number 77-48, as amended, Lely Barefoot Beach Planned Unit Development is hereby amended to read as follows: 9.4.7 MAXIMUM HEIGHT Two stories above the minimum base flood elevation required by the flood elevation ordinance. When the first habitable floor is raised a sufficient height 19-CPS-01916/1511874/1168 Underlined text is added;Struck through text is deleted. Lely Barefoot Beach PUDA-PL20190001138 Page 2 of 312/6/2019 3.F.c Packet Pg. 353 Attachment: B Ord. 19-44 (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) above ground level to permit the undcrbuilding area to be used for automobile to be a story. Three habitable floors, with the option of having one floor of parking and associated non-habitable utilitarian space beneath the first habitable floor. The maximum actual height is limited to 70 feet, including decorative elements, but excluding chimneys. SECTION THREE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this / CIA day of bt u.,-,11,4_.K , 2019. ATTEST: ,, ,BOARD OF COUNTY COMMISSIONERS CRYSIA K.:'9KINZ.,EL, CLERK COLLIER COAir , FLORIDA i':--- , .. -r.i.,.. 6e)02460u:', ''''v sr_ OA r,,,`-• }. h .. ,De y Clerk W./iam L. McDaniel, Jr., Chairman tres ;, Chanyes signature ono }". Approved as to form and legality: 17A l- Up Heidi Ashton-Cicko Managing Assistant County Attorney This ordinance filed with iih tory o Stote's c l.e ' t dayoW-- o,¢ hdt and acknowledgeme doY f• • , eceiv d this 0 19-CPS-01916/1511874/1168 Underlined text is added; Struckgh text is deleted. Lely Barefoot Beach PUDA-PL20190001138 Page 3 of 3 12/6/2019 3.F.c Packet Pg. 354 Attachment: B Ord. 19-44 (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) r. wok__ h i FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State December 13, 2019 Ms. Teresa L. Cannon, BMR Senior Clerk II Office of the Clerk of the Circuit Court Comptroller of Collier County 3299 Tamiami Trail, Suite#401 Naples, Florida 34112-5324 Dear Ms. Cannon: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 19-44, which was filed in this office on December 13, 2019. Sincerely, Ernest L. Reddick Program Administrator ELR/Ib R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us 3.F.c Packet Pg. 355 Attachment: B Ord. 19-44 (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Exhibit 2 Building Height and Photos PL20210002729 The Lely Barefoot Beach PUD Insubstantial Change (PDI) 3-4-2022 Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com 3.F.d Packet Pg. 356 Attachment: C Clubhouse elevations and photos (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) March 4, 2022 Page 1 of 3 Exhibit 2 Building Height and Photos-r2.docx Building Height: 3.F.dPacket Pg. 357Attachment: C Clubhouse elevations and photos (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) March 4, 2022 Page 2 of 3 Exhibit 2 Building Height and Photos-r2.docx Existing Building Photos: 3.F.d Packet Pg. 358 Attachment: C Clubhouse elevations and photos (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) March 4, 2022 Page 3 of 3 Exhibit 2 Building Height and Photos-r2.docx 3.F.d Packet Pg. 359 Attachment: C Clubhouse elevations and photos (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) From: CritchfieldHoward Sent: Thursday, February 10, 2022 11:05 AM To: CastroGabriela; MasonChristopher Cc: FinnTimothy Subject: RE: Lely Barefoot Beach PUD (PDI) PL20210002729 Good Morning Gabriela, This structure was built in a VE flood zone in 1992. This means that at the time of construction, this structure’s lower portion located below the Base flood Elevation must have been reserved for uses such as storage, parking, or access to the building. If breakaway walls were incorporated into the original design of the structure, they were intended to provide an enclosed area with the purpose of not having any restriction to the flow of water in case the structure incurred water inundation from the 100 year flood event. Dry floodproofing is not allowed in VE flood zone. On June 5, 2018 FEMA issued an effective a Letter of Map Revision (case number 18-04-1140P) that changed the flood zone from VE 14 to AE 13 NAVD. With this change, Dry floodproofing is allowed by the Florida Building Code (section 1612) if the following conditions are met: · The structure must be a non-residential building. · The flood velocities adjacent to the structure are less than or equal to 5 ft/s during the design flood (ASCE 24-14, chapter 6) · The existing structure must be capable to resist all flood load combinations when the dry- floodproofing materials and equipment are installed according with ASCE 24-14 chapter 6. The validation of the conditions must be provided at the time of the permit application along with plans. I hope this information can clarify any inquiry. Howard Critchfield, P.E.,CFM Senior Project Manager Growth Management Department Collier County Government 2800 N Horseshoe Dr. Naples, FL 34104 P: (239) 252-5858 F: (239) 252-6372 3.F.e Packet Pg. 360 Attachment: D FEMA Email (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) From: CastroGabriela <Gabriela.Castro@colliercountyfl.gov> Sent: Wednesday, February 9, 2022 11:52 AM To: MasonChristopher <Christopher.Mason@colliercountyfl.gov> Cc: FinnTimothy <Timothy.Finn@colliercountyfl.gov>; CritchfieldHoward <Howard.Critchfield@colliercountyfl.gov> Subject: RE: Lely Barefoot Beach PUD (PDI) PL20210002729 Good morning, Please see the items attached for the second submittal specifically response for correction comment 5 (on page 2). Please let me know if you have any questions. Just trying to make sure that the rationale that enclosing the first floor is permissible. If you have any questions please let me know Respectfully, Gabriela Castro, AICP Principal Planner Zoning Division Exceeding Expectations, Every Day! NOTE: Email Address Has Changed 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239-252-4211 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! From: MasonChristopher <Christopher.Mason@colliercountyfl.gov> Sent: Tuesday, December 21, 2021 5:44 PM To: CastroGabriela <Gabriela.Castro@colliercountyfl.gov> 3.F.e Packet Pg. 361 Attachment: D FEMA Email (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Cc: FinnTimothy <Timothy.Finn@colliercountyfl.gov>; CritchfieldHoward <Howard.Critchfield@colliercountyfl.gov> Subject: RE: Lely Barefoot Beach PUD (PDI) PL20210002729 Gabriela, 62-80(H) of the Collier County Floodplain Management Ordinance states that the area below the lowest floor shall be limited to 3 uses: · Storage · Parking · Access The area below the lowest floor can be temperature controlled. However, the use has to be in compliance with the 3 aforementioned uses. All temperature control equipment must be still be elevated to Base Flood Elevation +1 ft.. Thank you. Respectfully, Christopher Mason, CFM FEMA Floodplain Coordinator Growth Management Department Building Review & Inspection Division 2800 North Horseshoe Drive, Naples, Florida 34104 Main: 239-252-2400; Direct: 239-252-2932 How are we doing? The Building Plan Review and Inspection Division wants to hear from you! Please take our online SURVEY. We appreciate your feedback! From: CastroGabriela <Gabriela.Castro@colliercountyfl.gov> Sent: Tuesday, December 21, 2021 4:53 PM To: MasonChristopher <Christopher.Mason@colliercountyfl.gov> Cc: FinnTimothy <Timothy.Finn@colliercountyfl.gov>; CritchfieldHoward <Howard.Critchfield@colliercountyfl.gov> Subject: Lely Barefoot Beach PUD (PDI) PL20210002729 3.F.e Packet Pg. 362 Attachment: D FEMA Email (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Hi Chris, We received an application to change the PUD language in the Lely Barefoot Beach PUD to revise the language regarding the height of the amenity center in the Lely Barefoot Beach recreation area. Their justification for changing the language is that due to FEMA changes they can enclose the bottom floor can you please look at the justification and provide any comments on whether or not that is acceptable. I have attached the project narrative which explains the rationale of the project, exhibit 2 shows a current elevation, and provided the proposed language revisions. Please let me know if you have any additional questions. Thanks! Respectfully, Gabriela Castro, AICP Principal Planner Development Review Division Exceeding Expectations, Every Day! NOTE: Email Address Has Changed 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239-252-4211 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3.F.e Packet Pg. 363 Attachment: D FEMA Email (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Lely Barefoot Beach PUD, PUDA-PL20190001138 Page 6 of 12 October 8, 2019 The amendment to “PUD Section 9.4.7 Maximum Height” will increase the height from two stories to three floors/70-foot actual height for four properties located in “Lely Barefoot Beach Unit 2,” (see Attachment F-Lely Barefoot Beach Unit Two Plat) which is adjacent to the southern tip of “Lely Barefoot Beach Unit One.” Please see Aerial Photo below. AERIAL PHOTO The proposed amendments will result in a consistent building height of three floors/70-foot actual height throughout the “low density, single-family development” in the Lely Barefoot Beach PUD. Staff conducted a site visit and the proposed amendments are compatible with the surrounding properties. The surrounding properties are permitted to have three to six floors. Therefore staff is recommending approval of the PUD amendment. 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: Lely Barefoot Beach Unit One Lely Barefoot Beach Unit Two Barefoot Estates 3.F.f Packet Pg. 364 Attachment: E Rezone & PUD Findings for previous PUDA 19-44 (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Lely Barefoot Beach PUD, PUDA-PL20190001138 Page 7 of 12 October 8, 2019 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 proposed increase in building height would have little to no impact on traffic and access, drainage, sewer, water, or other utilities. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments 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, which were reviewed by the County Attorney’s Office, demonstrate unified control of the property. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (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 changes to the PUD do not affect the buffering and screening requirements of the original PUD. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. There is no change to the usable open space with this amendment. 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. 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 based upon the commitments made by the petitioner, and the fact that adequate public facilities requirements will continuously be addressed when development approvals are sought. 3.F.f Packet Pg. 365 Attachment: E Rezone & PUD Findings for previous PUDA 19-44 (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Lely Barefoot Beach PUD, PUDA-PL20190001138 Page 8 of 12 October 8, 2019 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. All future development will comply with the LDC and other applicable codes. The petitioner is not requesting any deviations to the LDC. REZONE FINDINGS: Staff offers the following analysis: 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the GMP. Comprehensive Planning staff determined the subject petition is consistent with the goals, objectives, and policies of the FLUE and other elements of the GMP. See Attachment C- FLUE Consistency Review. 2. The existing land use pattern. The proposed amendment would not change the existing land use patterns of the surrounding properties. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The property is currently zoned PUD and would remain as such. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. This petition does not propose any change to the boundaries of the PUD. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary; however, it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to clarify that the replat of “Block E,” known as “Barefoot Estates” remains part of PUD Section III, and change the maximum building height. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed PUD Amendment is not anticipated to adversely influence living conditions in the neighborhood. 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 3.F.f Packet Pg. 366 Attachment: E Rezone & PUD Findings for previous PUDA 19-44 (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Lely Barefoot Beach PUD, PUDA-PL20190001138 Page 9 of 12 October 8, 2019 peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure is sufficient to serve the proposed project, as noted in the 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 Amendment request is not anticipated to create drainage problems in the area. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed amendment will not affect drainage. Furthermore, the site is subject to the requirements of Collier County and the South Florida Water Management District. 10. Whether the proposed change will adversely affect property values in the adjacent areas. 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. The proposed PUD Amendment will not be a deterrent to the improvement or development of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting 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 Amendment does not constitute a grant of special privilege. Consistency with the FLUE is further 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 3.F.f Packet Pg. 367 Attachment: E Rezone & PUD Findings for previous PUDA 19-44 (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Lely Barefoot Beach PUD, PUDA-PL20190001138 Page 10 of 12 October 8, 2019 proposed building height cannot be achieved without amending the PUD. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. The proposed PUD Amendment is not out of scale with the needs of the neighborhood or county. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed for compliance with the GMP and the LDC, and staff does not specifically 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 site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or platting processes, and again later 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 Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities for and the project. It must be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that no Level of Service will be adversely impacted. 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. NEIGHBORHOOD INFORMATION MEETING (NIM): The NIM was held on September 5, 2019, at 5:30 p.m. at the Barefoot Beach POA Clubhouse located at 212 Barefoot Beach Boulevard, Bonita Springs, Florida. Approximately 15 residents attended the meeting along with the Agent’s team and Applicant. There were no objections to the petition. See Attachment G-NIM Summary. 3.F.f Packet Pg. 368 Attachment: E Rezone & PUD Findings for previous PUDA 19-44 (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Lely Barefoot Beach PUD Insubstantial Change (PL20210002729) Application and Supporting Documents April 14, 2022 HEX Meeting 3.F.g Packet Pg. 369 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 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 November 19, 2021 (Amended January 21, 2022) Client Services Collier County Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 RE: Lely Barefoot Beach PUD Insubstantial Change – PL20210002729, Submittal 1 Dear Client Services: On behalf of our client, The Club at Barefoot Beach, Inc., we are submitting an application for an Insubstantial Change to a PUD (PDI) for the above referenced project. The applicant is proposing to amend PUD Ordinance 85-83, as amended, to revise Section 12.4 to remove the reference to two stories and replace with a reference to the actual and zoned building heights without an increase in the allowed building height. Documents filed with submittal 1 include the following: 1. Cover Letter 2. Application 3. Project Narrative and Detail of Request 4. Previous Approvals 5. Exhibit 1 Proposed PUD Revisions 6. Exhibit 2 Building Height and Photos 7. Warranty Deed 8. PB 17 PGS 5-6 9. Affidavit of Authorization 10. Addressing Checklist 11. Property Ownership Disclosure Form 12. Location Map 13. Conceptual Site Plan Please contact me if you have any questions. 3.F.g Packet Pg. 370 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Client Services RE: Lely Barefoot Beach PUD Insubstantial Change – PL20210002729, Submittal 1 November 19, 2021 (Amended January 21, 2022) Page 2 of 2 Sincerely, D. Wayne Arnold, AICP Enclosures Cc: The Club at Barefoot Beach, Inc. GradyMinor File (CBBSDPA) 3.F.g Packet Pg. 371 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 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 The Club at Barefoot Beach, Inc. 105 Shell Drive Bonita Springs FL 34134 239-992-0024 DMoeller@theclubatbarefootbeach.com D. Wayne Arnold, AICP Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs FL 34134 239-947-1144 warnold@gradyminor.com 3.F.g Packet Pg. 372 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 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. The subject property, Folio Number 54775120753, is currently developed with one of the communities clubhouses. The applicant is renovating the clubhouse. The Lely Barefoot Beach 85-83, as amended 54775120753 ■ 3.F.g Packet Pg. 373 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 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: 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. No changes to Master Plan No changes to Master Plan X X ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ 3.F.g Packet Pg. 374 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 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) D. Wayne Arnold Digitally signed by D. Wayne Arnold Date: 2021.11.11 14:46:12 -05'00' D. Wayne Arnold, AICP 11/11/2021 3.F.g Packet Pg. 375 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Lely Barefoot Beach PUD (PL20210002729) November 19, 2021 Page 1 of 3 CBBSDPA Project Narrative (PL20210002729).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 AND DETAIL OF REQUEST The PUD insubstantial change proposes to revise Ordinance 85-83, as amended, Section XII, Item 12.4, Maximum Building Height from two habitable floors to three habitable floors with no change to the existing built height of the existing clubhouse. We also propose to modify Section XII, Item 12.6 B., gulf front yards to reference that reductions are subject to approval of a CCSL Variance. An elevation of the existing structure is included in the submittal. Due to recent changes to FEMA elevations, the club would like to convert currently unairconditioned space that is below the existing 2-story structure making the building a 3- structure. No actual height changes result from the renovation, which is why the reference to the number of stories is being removed and the as-built zoned and actual building heights are being inserted into the PUD. 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. The building height reference to the number of stories is being replaced by the zoned and actual height of the existing building. 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; 3.F.g Packet Pg. 376 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) November 19, 2021 Page 2 of 3 CBBSDPA Project Narrative (PL20210002729).docx No 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 use or areas 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 proposed request. 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 or commercial uses 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. The actual building height will remain as the building exists today. Any modification seaward of the CCSL will require County Commissioner approval, consistent with the requirements outlined in Chapter 9 of the LDC. 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 minor changes are consistent with the Collier County Growth Management Plan. 3.F.g Packet Pg. 377 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) November 19, 2021 Page 3 of 3 CBBSDPA Project Narrative (PL20210002729).docx 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 The project is not a DRI therefore, this minor change from two habitable floors to three habitable floors with no increase in the actual building height does not constitute a substantial deviation. 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 meet the standards for an insubstantial modification and creates no external impacts. 3.F.g Packet Pg. 378 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 379 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 380 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 381 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 382 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 383 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 384 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 385 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 386 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 387 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 388 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 389 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 390 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 391 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 392 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 393 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 394 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 395 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 396 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 397 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 398 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 399 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 400 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 401 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 402 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 403 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 404 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 405 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 406 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 407 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 408 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 409 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 410 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 411 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 412 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 413 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 414 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 415 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 416 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 417 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 418 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 419 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 420 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 421 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 422 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD 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442 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 443 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 444 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 445 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 446 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 447 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 448 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 449 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 450 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 451 Attachment: F Backup Materials (21736 : PL20210002729 Lely 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Barefoot Beach PUD PDI) 3.F.g Packet Pg. 548 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 549 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 550 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 551 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 552 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 553 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 554 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 555 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 556 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 557 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 558 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 559 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 560 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 561 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 562 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 563 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 564 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 565 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 566 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 567 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 568 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 569 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 570 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 571 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 572 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 573 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 574 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 575 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 576 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 577 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 578 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.gPacket Pg. 579Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.gPacket Pg. 580Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.gPacket Pg. 581Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.gPacket Pg. 582Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.gPacket Pg. 583Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 584 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 585 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 586 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 587 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 588 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 589 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 590 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 591 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 592 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 593 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 594 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 595 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 596 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 597 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 598 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 599 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 600 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 601 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 602 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 603 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 604 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) ORDINANCE NO. 06-~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SECTION XV ENTITLED TRACT J: UTILITY SITE OF ORDINANCE NUMBER 77-48, AS AMENDED, AND ORDINANCE NUMBER 85-21, AS AMENDED, THE LEL Y BAREFOOT BEACH PUD CHANGING THE PERMITTED LAND USES ON TRACT J FROM UTILITY OR UTILIT ARIAN FACILITIES TO SINGLE-FAMILY RESIDENTIAL FOR ONE DWELLING UNIT TOGETHER WITH ACCESSORY USES AND ADDING REGULATIONS FOR MINIMUM LOT AREA, MINIMUM LOT WIDTH, MINIMUM YARDS, MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES, OFF-STREET PARKING, MAXIMUM HEIGHT AND SPECIAL ENVIRONMENT AL PROTECTION REGULATIONS; ADDING EXHIBIT "F" AGREEMENT BY AND BETWEEN THE CONSERVANCY, INC., LEL Y ESTATES, INC. AND COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. w) I 1 WHEREAS, on September 9, 1977, the Board of County Commissioners approved Ordinance Number 77-48, which established the Lely Barefoot Beach Planned Unit Development; and WHEREAS, on June 4, 1985, the Board of County Commissioners approved Ordinance Number 85-21, which reestablished the Lely Barefoot Beach Planned Unit Development Zoning District while at the same time amended Ordinance Number 77-48; and WHEREAS, subsequent to these dates amendments to the Lely Barefoot Beach Planned Unit Development Zoning District were duly adopted by the Board of County Commissioners; and WHEREAS, Robert Andrea, of Coastal Engineering Consultants, Inc., representing Lely Development Corporation, petitioned the Board of County Commissioners to further amend the Lely Barefoot Beach PUD Ordinance. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE:AMENDMENTS TO SECTION XV, UTILITY SITE OF ORDINANCE NUMBER 77-48, AS AMENDED, AND ORDINANCE NUMBER 85- 21, AS AMENDED, THE LEL Y BAREFOOT BEACH PUD Section XV, entitled "Utility Site" of Ordinance Number 77-48, as amended, and Ordinance Number 85-21, as amended the Lely Barefoot Beach PUD, is hereby amended to read as follows: TRACT J: UTILITY SITE SINGLE FAMILY RESIDENTIAL DEVELOPMENT Words stmel. thrsl:Igk are deleted; words underlined are added. Page I of 4 3.F.g Packet Pg. 605 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 15.1 PURPOSE The purpose of this Section is to establish development regulations for the area designated on Exhibit "A" as Tract J: Utility Site. Single Family Residential Development. 15.2 USES PERM:ITTED No huildiag or stmotlHe, or part thereof, shall be erected, altered, or used, or land used, in whole or part, for other than the following: A 4. ...~Prinoipal Uses: I) Utilitarian faeilities sueh as grounds maiatenanoe equipment storage; utility pwnping stations; "vater storage ttlfl:l(; vehioular parking; or similar project serving faeilities. Prior to utilization of Traet J, the plan for its utilization shall he submitted to and approved by the appropriate Collier County agencies, whieh shall insure that the plar.ned uses are appropriate on the site; that the looation of the plar.ned impro',ements is appropriate; and that if the faoilities to be installed 'lIarrant sereening, the neoessary fencing and/or landsoaping is installed. 15.2 MAXIMUM DWELLING UNITS A maximum of one single-family dwelling unit may be constructed in this tract. 15.3 USES PERMITTED No building or structure. or part thereof. shall be erected. altered. or used. or land used. in whole or part. for other than the following: A. Principal Uses: Single family residence. B. Accessory Uses: 1) Customary accessory uses and structures including private garage. 2) Signs as permitted by the Land Development Code. 15.4 REGULATIONS 15.4.1 GENERAL: All yards. setbacks. shall be in relation to home site boundaries. All principal and accessory structures shall have a minimum setback of 25 feet from the boundary of any preserve. 15.4.2 MINIMUM LOT AREA: 6.000 square feet. 15.4.3 MINIMUM LOT WIDTH: Words struel. thr-ol:lgk are deleted; words underlined are added. Page 2 of 4 3.F.g Packet Pg. 606 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 15.4.4 60 feet. MINIMUM YARDS: 15.4.5 A. Yards which abut Lely Beach Boulevard: 25 feet. which minimum yard is also an easement in which utilities. walkways. and the like may be installed. B. Yards which abut Bayfront Drive which extends easterly from Lely Beach Boulevard: 20 feet. C. Preserves: All principal and accessory structures shall have a minimum setback of 25 feet from the boundary of any preserve. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES: 15.4.6 15.4.7 A. One story- 1.200 square feet of living area. exclusive of garage or unenclosed patios. decks or porches. B. Two story- 2.000 square feet of living area exclusive of garage or unenclosed patios. decks or porches. C. Three storv- 2.500 square feet of living area exclusive of garage or unenclosed patios. decks or porches. OFF -STREET PARKING REQUIREMENTS: Two parking spaces per single family residence. MAXIMUM HEIGHT: 15.4.8 Three stories with a maximum highest point of roof to be 70-feet NGVD including decorative elements. but excluding chimneys. When the first habitable floor is raised a sufficient height above ground level to permit the under building area to be used for automobile parking and other utilitarian purposes, that under building area shall not be deemed to be a story. SPECIAL ENVIRONMENTAL PROTECTION REGULATIONS A. All development in this tract shall be in accordance with construction. native habitat protection. dune preservation and wetland preservation regulations listed in Section XX. B. Prior to County approval of any development orders or permits authorizing site work on Tract J. the 1.01 acre portion of Tract J identified in the Environmental Impact Statement as Exhibit B dated April 21. 2004 with the FLUCFCS Code of612 - (for mangroves), and also depicted on the conceptual site plan, shall be split consistent with County regulations and be conveyed in fee simple to the Collier County Board of County Commissioners in such a manner as to ensure the 1.01 acre section will be preserved in its natural state allowing only removal of exotic and nuisance vegetation. C. A South Florida Water Management District permit modification to Permit Number 11-00026-5 shall be required prior to issuing any building permits for the single family home. Words strl:l0k thrsl:Igh are deleted; words underlined are added. Page 3 of 4 3.F.g Packet Pg. 607 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) SECTION TWO: AMENDMENTS TO EXHIBITS SECTION Ordinance Number 77-48, as amended, and Ordinance Number 85-21, as amended, are hereby amended to add Exhibit "F", Agreement by and between The Conservancy, Inc., Lely Estates, Inc. and Collier County, Florida dated December 17, 1985. SECTION THREE: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County JJ Commissioners of Collier County, Florida, this d3 day of f'^ Cl Y , 2006. A TTEST.;:~',~'...: . DW~OHT E. BRqCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~~ FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency m ~ld-/J;t~~. Marjoriei . Student-Stirling ~ Assistant County Attorney Words stnlek t-kfOl:Igk are deleted; words underlined are added. This ordinance filed with the Secretary of State's Office the dayof~, ~ and ocknowledge~ent .~thot filing received this ~ day Of~tJ,-.~~(lA.-. Deputy Cle,k Page 4 of 4 3.F.g Packet Pg. 608 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 1- IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT !N AND FOR COLLIER COUNTY, FLORIDA THE CONSERVANCY, INC. A Not-For-Profit Florida Corp. , plaintiff, V5. CASE NO. BS-1S71-CA-Ol LELY ESTATES, INC. A Florida Corporation AND COLLIER COUNTY, A political subdivision of the State of Florida, Defendants AGREEMENT The parties, by and through their unders ignc~d a1: torneys , hereby agree to the following terms and conditions: 1.. Statement. The plaintiff does not endorse develot:'mellt: of the Lely Barefoot Beach coastal barrier habitats nor i~ i~ involved in the planning and development of this site. Fu=ther, Plaintiff'S agreements herein contained are solely intended t.el reduce adverse environmental impacts to coastal bart"i.er habitats and processes as well as to restore those features flama(jed by forces of nature and/or human abuse. other aspects of land use planning and growth management that are within the nornlttl purview of governmenta~ review and permitting (e. g., number of ulii t.:;, infrastructure, traffic flow, hurricane .evacuation, ~tilities, fire, etc.)r ?ot directly relate~ to natural resources ~rotection, are expressly left to the responsibility of the Collier county Board of County commissioners and their a?propriate stafi.It is understood and agreed between the parties that the-D8f~~d~nt, county commission, after considering the review and recommendation of staff, has the responsibility to oete~mine the appropriar.~ number ':It residential units for tracts Lely Beach North a:1c Lely Beach South. Exhibit F 3.F.g Packet Pg. 609 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) ee 2. General Standards for All Undeveloped Areas South of Tract: D_~~ingle Family Residential}. In order to ensure maximal prot~ctio~ of coastal barrier functions and features, the parties lereto agree to the sl?ecific construction, native habitat pro- tection, dune restoration, and wetland preservation standards for all currently undeveloped areas south of Tract D . (Single Family Residential), as set forth in Exhibit A, attached hereto and. incorporated herein. 3. Development Standards for Designated Area of Particular Environmental Concern. The parties agree that an area including and south of the site of the former Little Hickory Pass is an Araa of Particular Environmental.Concern.(APEC}. It is depicted more specifically on Exhibit. B, attached ,hereto and incorporated herein, and shall be referred to .as " Actiive Community Recreation Area, Lely Beach South", and "Passive Community Recreation Area" i~ any revised Planned Unit Development for this project. The APEC, based on island width, past geomorphic features, extent of coverage by native habitats, and .the like, was highlighted primarily because of the high potential for adverse developmental impact and, secondarily, because of potential storm danger and unsuitability for intense residential use. Reflective of the special nature of the APEC, the parties hereby agree to those special land use standards for this area which ~re attached hereto I and incorporated herein as Exhibit C.The ~arties agree that the reference to the above described lands as an "Area of Particular' Environmental Concern" is in no way related to the Area of Critical State Concern .or Development of Regional Impact designations of Chapter 380, Florida Statutes. 4. Development Standards for Beachfront Areas and Mangrove P:=eserv'~s Outside the Area of Particular Environmental Concern. The parties agree to the specific Percent development coverage standards and certain other appropriate land us~ standards for 2- 3.F.g Packet Pg. 610 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) It b~achfront areas and mangrove preserves outside the Area of Particular Environmental Concern. These standards are attached hereto and incorporated herein as Exhibit D. 5. Incor~oration of Sett~ement Standards. The parties agree that land use and environmental standards described in this Agreement and incorporated as Exhibits A, C, and 0 shall be.included in all documents and associated exhibits governing land use within the area legally described as Lely Barefoot Beach. In addition, sufficient text shall be included within any said documents and exhibits governing land use to incorpora~e these standards into the Collier County r~view and permitting process. 6. The Conservancy, Inc., Plan Review and Approval. To enable Plaintiff, The Conservancy, to keep informed about the development status of the property known as Lely Barefoot Beach and to ensure consistency with these agreements, Defendant, Lely, it:s agents, representatives, successors, assigns, and heirs, does r hereby agree that Conceptual Site Plans, Site Development Plans, Fractionalization Plans, Water Management Plans, Tree Removal Plans and Landscaping Plans submitted to Collier County shall concurrently be submitted to The Conservancy for its review and approval. Such approval shall not be unreasonab~y withheld. If The Conservancy has not mad~ written objections within fifteen lSl days of submittal of any of. the above plans, approval will be presumed. In order to resolve disputes under th.is Paragraph. 6, as to whether the disapproval is reasonable in light of the agreements, "the parties agree to ,submit such disputes to binding arbitration by The Conservancy's Board of Directors. Two-thirds 2/3) majority vote of a quorum of said Board is required to sustain the disapproval. It shall be the duty of the Board to meet and arrive at a decision within twenty-five (25) days of submission of the dispute. Lely may seek judiciary review only in the event that the deci~ion of the Board is arbitrary and capricious. 3- 3.F.g Packet Pg. 611 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) r 7.Binding Nature of P.D.D. Because of the characteristics of this real estate development and the speci'fic nature of the agreements lierein for settlement and the associated standards, defendant Lely,onbehalf of itself and its representatives, successors, assigns and heirs, does hereby agree that nc changes to the relevant P.U.D. ordinance or associated exhibits (except for the minor chariges described below) will be made without review and wr.itten approvalby:p.1ai.ntiff, The ~Consery.ancy. . .Su.ch .appr:o;val shall not be unreasonably withheld. The parties. agree that minor changes which is no way affect, directly or indirectly, the environmental stipulations and conditions imposed herein, the uses, the loc~tion of development corridors or the restrictions fixed in the P.U.D. may be made without approval of The Con- servancy although review is still required. B. Standing:. Defendant LelY and. the County hereby agree that plaintiff shall have standing' in any. court of .appropriate jurisdiction so as to ensure the development of. properties' in accordanc,e with the agreements herein. 9. Notification of Content of Aqreements for Settlement. Defendant Lely hereby agrees to notify all future 'purchasers of lands within the' legally described Lely Barefoot Beach of the agieemen~s and undertakings contained in this Agreement and the Exhibits attached hereto prior to any sale. 10. It is specifically affirmed by each signer of this Agreement that he has been 'duly authorized to execute sa.!ne on behalf of his client.This Agreement shall be binding upon the parties, their heirs, successors, assigns, agents and r~presenta- tives. 11. In con~ioeration Qf the fore~oing agreements by Collier County and Defendant Lely Estates, Inc., Plaintiff hereby stipulates to the dismissal of the above referencec causes of 4- 3.F.g Packet Pg. 612 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) e action with prejudice and will expedite appropriate documentation to effect same. DATED thiS'~ day of ~ ' 19 8'S. VEGA, BROWN, NICHOLS, STANLEY MARTIN, P.A. 26~0 Airpor oad South Na.'p1es, or iF' 33'"'962 al3) 774- 33 By:' .N Ge Vega, Jr., Attorney for Defendant, Estates, Inc. J ~. I?ATED this/,. 1-- day of~, 19.Y-J--. BOARD OF COUNTY CO~~ISSIONERS COLLIER C ?NTY,. F,LORID~) I __.~ ri.3t~ A. Pistor, Chairman tf. Approved"as to form and legal sufficiency: y~~ F~Burt L.Sau.n ers . Co1~ier County Attorney DATED this ~ day of ~.19J'""" Rynders, - Esq Attorney for The Cons Inc. 1450 Merrihue Drive Naples, Florida 33942 813) 262-0304 5- 3.F.g Packet Pg. 613 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) e EXHIBIT-A General Standards For All Undeveloped Areas South Of TractD I. Construction Standards . a. All construction activities, outside those listed in III 'd, e, f, andg,undertaken in Lely Beach North, Lely Beach South and the Active Community Recreation Area shall occur landward of the State's established Coastal Construction Control Line (CCCL). b. The special structural requirements designed to protect beachfront buildings from storm tides or wave damage, incorporated in the state of Florida approved protective covenants for Lely Barefoot Beach, shall be applicable to all structures constructed. Where these requirements differ from other local, state and federal requirements in force at the time of construction, those standard~ which offer the highest level of protection to resideJlts shall apply. . c. There shall be no hardenlngof either the Gulf or Bay shoreline e.g. seawalls, groins, riprap). Any shoreline stabilizations shall take place utilizing the planting of native vegetation and/or the replacement of sand lost due to erosion. d. structures shall be clustered in order to retain large open space areas for native habitat retention/restoration and to keep open corridors for potential storm surge and island breachment. e. All available under~buildings areas (i.e., areas not required for stairwells, pilings, etc.) snaIl be utilized in meeting County parking requirements. At a minimum, 30\ of required paved parking spaces shall occur under the buildings. . f. Structures shall be oriented in ways other than continuous shore parallel in order to reduce their exposure to storm waves and winds. g. The water management system shall be designed with no direct runoff to the dune or wetland zone. Storm waters shall be directed' toward the center of the development areas for percolation and treatment in roadside swales and the like. If deemed necessary, spreader swales may be constructed in open upland areas adjacent to wetlands provided their construction does not result in the loss of native habitats. . 11. Native Habitat Protection and Restoration Standards a. The entire site (including development, recreation, preservation, open space, and dune restoration areas) shall be cleared of all exotics and be maintained exotic free by the developer or homeowner association~ b. BUildings, parking. lots, and other associated development facilities shall be located in development corridors characterized by exotic species or open and devoid of established native plant communities. Facilities are to be sighted outside the designated preservation and sensitive vegetation areas to avoid the clearing of remaining native habitats. Within the development tracts existing native species shall be retained as natural landscaping. Where native species must be removed to "allow for the construction of a building, parking area, or the like, they shall be transplanted to open areas within the development tracts or to the preserve or sensitive vegetation areas. c. other Extensive open space areas between. residential unit clusters and development facilities shall be landscaped with retained and w,.~,...... 3.F.g Packet Pg. 614 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) replicate natural species distribution. Where native dune species exist, they shall be retained or transplanted prior to grading and replanted thereafter. h. The habitat restoration specialist selected for the job as well as the detailed dune. restoration program and plans shall be reviewed and approved vriorto construction by the County Natural Resources Management Department. IV. Standards For Wetland Preservation Zone a. All jurisdictional wetlands located outside of Tracts M, N, and o are considered to be be a part of the wetland preservation zone. This designation highlights the importance of these wetlands and the need for their strict preservation. b. Trinuning and pruning of live plants within the zone prohibited without first obtaining appropriate Federal, State, and County approval. c. No land modifications or. structures are permitted within this zone other than nature trails and boardwalks. 3.F.g Packet Pg. 615 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) tltll::ltltltltltlrI: 1(. I( I( 1(1( I( I( I(NN-WW..z:...p.t'<b> ~ g> ~ g> ~ g'~ g'III ... r:: '1 r:: ... c: '1 r::IPJnr:"nnrtnr1'rtn :r':r':r':r':r' :r':r':r'rtCf).0r::rTr'W.'.If)oO.o IIIItrI Z100Ir:: '1I". ,.,.I:r' :r'II al' . b>10 0Ic: r::l:l :lI,," ""1'11>" II> .I... ..,1'<. '<I .IIIIIIW_~_t:-:"'to-:'.~'.". " f...0) lJ1-loJ ...... Q) l.n IJIn ....., ~ "NO\O....\ON.IgggggggI gI..... Cf) 0 Ie: IrT I 1'1 10 rtl lID If"t I'< J 1['"' l:l IfD OO...........t.n0' \Ol"O .......... 0\ 0"+ 000\0 N(O I ~ oOOOOOCllf . r ~ 1 lI>W-l>o-l>oONWI n"c..~Q:)N\01 1 I I I I I I I N o N l>o tl III rT W II> ..... N 0 Z .r:- 0 0 N .... lI> f"t w r'[,", 0 JI!- 0 0 N r:- ,. ..._.WQ\Q\l'1>P '1IV,JlIo0l ....SIll.'"l"1I>f"t '1IIIf"tnnr::o .... . .l'1I> .n '1D'nt-lo '11JlI.tinf"t'lloo ['"'I.t'"'tDl0Dti gg:r~l III 0 CII0'<:1"tD. II>o III ... :lrt0'tDt'"'n'Ot'"''''1l ::I ... ...tD0:l0. ID. S cn n .... O. 0 C b',gg.. . 1. . g~ I ::I 011 tD 0 I-' tD 2 tll llontD t-lll~ 0 tD III :l tD n :l n on t'"'::l0 11> I '1 OJ D 0 f"t 1-'11> 1 i u 0. n i r-. m r- oo( JJ m 0 n t z o u I r:}.: II> n n. t'"' l tD CII o~ l m X r~ J> J) i il I r i I lcnr/l>o ell tlc ...... t1 !f"t Yo f1)r' 01'txl'rTt-l tD ... '11 ~ 0 In ':;'. In:r' Jf"t ;po Iz.... :11>''A). rlf"t "tD:r'Z0..rTr:-wQ\g. o lI> W 3.F.gPacket Pg. 616Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) EXHU;IIT C Development Standards For Area Of Particular Environmental Concern ~Master Plan Tracts "Active Community Recreation Area I,' "Lely Beach. Southll and IIPassive Community Recreation Area") . . I. Residential Development Areas I 'Recreation Areas I Preservation Areas a. The Area of Particular Environmen~al Concern is divided into discrete development areas, recreation 'areas, and preservation areas as depicted on Exhibit B and referenced and legally described on the revised PUD exhibits. , b. Development and recreationalactivites are bounded by State CCCL to the west and the wetland jurisdiction line to the east. c. All residential development activity shall be restricted to . designated development corridors (DC-1, DC-2, DC-J, DC.,.4). d. No development activities other than nature trails and the construction. of Lely Beach Boulevard are permitted in designated preservation areas. e. The Active Community Recreation Area is located at the site of the former Little HiCkory Pass. The existence 'of the former pass, the well-developed back-barrier channels converging at this point, and the site's law eleva~ionresult in a high potential for island breachment during a major coastal storm. Active comm~nity recreationfacllities e.g. pools, tennis courts I are permitted in the designated Active CommUnity Recreation Area provided all other land use standards are met. f. Former Tract LShal! only be used as a Passive Community Recreation Area due to its environmental sensitivity and unsuitability for use. Only limited recreational facilities can be constructed in open or low plant cover corridors and with the maximum coverage stipulated herein. g. Development corridors are to be developed as unified projects and shall not be fractionalized. II. Residential Units a. Total number of units in the Area of Particular Environmental concern ~ 0 to 97 units (final number of units. within this range to be dictated by the Board of County Commissioners folloWing review and recommendation by professional staff). ' b. Maximum unit distribution A maximwn of 60, 15, 12, and 10' residential units are allowed in development corridors DC-I, DC-2, DC-3, and DC-4 respectively. This maximwn number may not be increased. c. Residential units may be transferred to Tracts H and I. d. No residential units, recreational structures or related facilities are allowed in designated preservation areas. e. No residential units "are.allowed in either the passive or active community recreation areas (although parking for adjoining development areas permitted in Active Community Recreation Area provided all other standard~ are met). III. Percent Development Coveraqe a. The development coverage (buildings, parking lots, roadways 3.F.g Packet Pg. 617 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) ef EXHIBIT D Development Standards For Residential Beachftont Develo~ent Areas And Manqrove Preserves outside Area Of Particular Envirorunental Concern (Revised Master plan Tracts "Le1v Beach North", "M", "NIt, and "0") I. Residential Development Areas I Sensitive Vegetation Areas a. Residential development to occur in designated areas on both sides of Lely 13each Boulevard.'.' b. All development activities to be bounded on the west by the State CCCL and on the east by the wetland jurisdiction line. c. Areas of dense native plant cover considered as sensitive' vegetation areas to be worked around and incorporated as reta~ned natural ground cover in required yards and open space. III. PercentaQe Development Coveraqe a. The development coverage (e.g. buildings, parking lots, . roadways) to'be strictly limited~ b. Total development coverage is to be measured by impervious surfaces and liberally construed to reflect all development related alterationof natural surfaces. The development coverage shall be calculated as a percentage of the potential development area located between the State CCCL .to the west and the wetland jurisdiction line to the east,. excluding the required land for LelyBeach Boulevard and its associated right of way. . c. Development coverage data, as measured by the. total coverage of impervious surfaces, and all nwnbers and calculations, used to obtain that data shall be submitted to county staff along with other detailed' construction statistics at time of final site plan review. ' d. The maximum development coverage of beachfront residential areas south of Tract D and outside the Area of 'Particular Environmental Concern (Tract "Lely Beach North") shall be 40 percent. IV. Deeding of Mangrove Preserves a. The mangrove preserves depicted as Tracts H, N, and 0 on' the original and current master plans, along with their associated open water bottom lands, shall be deeded to the State,to ensure uniformity of resource management and protection for the estuarine system of Little HiCkory Bay. 3.F.g Packet Pg. 618 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) other than Lely Beach Boulevard) within the Area of Particular Environmental Concern is to be strictly limited. b. Total development coverage is to be measured by impervioussurfaces.. and liberally. .. construed.. to ...ref lect : .al1.. development,..rela tedalteration.. of natural' 'cover. . The .developmentcoverage. shall be calculated a$ a percentage.of_xhepotential development area located within each design~ted corridor. between the State CCCL line to the west and the' wetland jurisdiction line to the east, excluding the re~uiredland,.foI:-Lely__Beach..Bouleuard...and. Lts. associated...r.1qht; oJ;..way. ", '. ~..~. 0. The development coverage data, as measured by. the total coverage of impervious surfaces, and'all'numbers and calculations used to obtain that data shall be submit.tedto County staff along with oth!'lrdetailedconstructionstatisticsattime'of final site pl,an review. . d. The maximum development coverage of lands within the Area ofParticularEnvironmentalConcernshallbeasfollows: Active communityRecreationArea - 40 %; DC-l - 50 \;'DC-2 - 50 \; DC-3 - 45 \; DC-4 "':' 35PassiveCommuni:tY~Recteat.i,ori'Area''':'10 \. .... '.'. "':. ..:...,:. V.' i 3.F.g Packet Pg. 619 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2006-22 Which was adopted by the Board of County Commissioners on the 23rd day of May, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of May, 2006. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners J ,. I ( t-.,' ... 3.F.g Packet Pg. 620 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) lI\>''i\ORDINANCE NO. 11- 04 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 85-83, AN ORDINANCE AMENDING NO. 85-21, WHICH AMENDED NO. 77-48, THE LELY BAREFOOT BEACH PLANNED UNIT DEVELOPMENT (PUD) BY AMENDING THE TITLE PAGE; BY AMENDING SECTION 3.2 TO INCREASE THE MAXIMUM DWELLING UNITS WITHIN BLOCKS A THROUGH K OF BAREFOOT BEACH UNIT #1 BY 15 UNITS; BY AMENDING SECTION 13.5 TO DECREASE THE MAXIMUM DWELLING UNITS WITHIN DEVELOPMENT CORRIDOR DC-I OF LEL Y BAREFOOT BEACH SOUTH BY 15 UNITS; AND BY PROVIDING AN EFFECTIVE DATE. 0 WHEREAS, on September 27, 1977, the Board of County Commissioners adopted Ordinance No. 77-48, as amended, which established the Lely Barefoot Beach Planned Unit Development ("PUD"); and WHEREAS, Bruce Anderson, Esquire of Roetzel & Andress, P.A, petitioned the Board of County Commissioners to amend Ordinance No. 85-83, the relevant amendment to Ordinance No. 77-48, the Lely Barefoot Beach PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SECTION 3.2 TO INCREASE MAXIMUM DWELLING UNITS. 3.2 MAXIMUM DWELLING UNITS A maximum of 9+ 106 single family homesites may be constructed within platted Lely Barefoot Beach Unit #1, Blocks A through K SECTION TWO:AMENDMENT TO SECTION 13.5 TO DECREASE MAXIMUM PERMITTED DWELLING UNITS. 13.5 MAXIMUM PERMITTED DWELLING UNITS DC-I 6G 45 DC-2 15 Underlined text is added: Stmel, threu15h text is deleted. Page I of2 Lei) Barefoot Beach / PUDA-PL2009-742 Rev. 2/07/11 3.F.g Packet Pg. 621 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) DC-3 12 DC-4 10 TOTAL 9+ 82 The maximum number of dwelling units permitted on individual corridors may not be increased. Dwelling units may be transferred to Tracts Hand L There will be no additional impact to open space or preserve areas. There will be no increase in the overall number of units within the development The open space requirement does not applv to buildable lots. There will be no additional encroachment to natural resources bevond what is permitted bv this PUD and an existing settlement agreement with the Conservancv of Southwest Florida. SECTION THREE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this!22.. day Of~, 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 01';' '1..,' 1"'.~?~Z 1.o.'~;, 'At{:'SC'n to CM ,=tt Clerk 1"aiure on.c ~ Approved as to form and legal sufficiency: l+- l u'Qi . Steven T. Williams ,:>,p Assistant County Attorney ,.11t CPII O-CPS-O I 050126 By:At~ W C~~ FRED W. COYLE, Chamnan This ordinance filed with Ih. S~ry of tate's Office the I ay of ,'2Q I ond acknowledgement O~lhat fili~ived this ~ doy Of ,;}.Q I ( B . r>rrt~ Deputy Cl.rk Underlined text is added; Str~elt thre~gh text is deleted. Page 2 of2 Lely Barefoot Beach / PUDA-PL2009-742 Rev. 2/07/11 3.F.g Packet Pg. 622 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2011-04 which was adopted by the Board of County Commissioners on the 22nd day of February, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of February, 2011. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners rJ n . A L Pot:. 'ili~-G~./:.._ By: Teresa El~la:ski ,. " .:.. Deputy C:ctirk< ..~ !v, j J,_ ,_,.,~ i. ,'..,.." ')'~ J.. /::J, f",,"": . 3.F.g Packet Pg. 623 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) ORDINANCE NO. 18 - 41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 85-83, AN ORDINANCE AMENDING NO. 85-21, WHICH AMENDED NO. 77-48, THE LELY BAREFOOT BEACH PLANNED UNIT DEVELOPMENT (PUD); BY AMENDING SECTION 10.5.6 MAXIMUM BUILDING HEIGHT FOR TRACT I TO INCREASE THE HEIGHT FROM TWO HABITABLE FLOORS TO THREE HABITABLE FLOORS; AND BY PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY KNOWN AS BAYFRONT GARDENS IS LOCATED SOUTH OF BONITA BEACH ROAD IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST IN COLLIER COUNTY, FLORIDA. [PL20170004421] WHEREAS, on September 27, 1977, the Board of County Commissioners adopted Ordinance No. 77-48, which established the Lely Barefoot Beach Planned Unit Development PUD");and WHEREAS,the Board has subsequently approved multiple amendments of the PUD; and WHEREAS, Sarah Spector, Esquire of Roetzel & Andress, P.A., petitioned the Board of County Commissioners to amend Ordinance No. 85-83, the relevant amendment to Ordinance No. 77-48, the Lely Barefoot Beach PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SECTION 10.5.6 TO INCREASE MAXIMUM HEIGHT. Subsection 10.5.6, Maximum Building Height, of Section X, Tracts H and I, Single or Multi-Family Residential Development, of Ordinance Number 77-48, as amended, Lely Barefoot Beach Planned Unit Development, is hereby amended to read as follows: 10.5.6 MAXIMUM BUILDING HEIGHT A. Tract H: four habitable floors, with the option of having one floor of parking and associated non-habitable utilitarian space beneath the first habitable floor. 18-CPS-01761/1409788/1]32 Underlined text is added; Strueli-thfeugh text is deleted. Barefoot Beach PUDA-PL20170004421 Page 1 of 2 7/27/2018 3.F.g Packet Pg. 624 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) B. Tract I: we-three habitable floors, with the option of having one floor of parking and associated non-habitable utilitarian space beneath the first habitable floor. The maximum actual height is limited to 70 feet. SECTION TWO: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by su er-majority vote by the Board of County Commissioners of Collier County, Florida,this // ay of j'ejl-r,Y7 ,f , 2018. ATTEST:s.. t "BOARD 0 0 1 TY CO s•.SIONERS CRYSTAL ICckThrAW, Clerk COLLI ' CO ' TY, FL ciT j ABy: ! I _: /i By 1.ep We- ANDY SOLIS, Chairman Attest as to .,iiaifMan$ signature only. Approved as to form and legality: Ad4 Ait------ s,-;(\ L' h' v eidi Ashton-Cicko A '). Managing Assistant County Attorney This ordinance flied with the Se2}cretary of Sto c's Offic clay ofm '-- and acknowledgement of root hot filing received this Fly rThini, c e, -DeouSv 1 18-CPS-01761/1409788/1]32 Underlined text is added; sk-through text is deleted. Barefoot Beach PUDA-PL20170004421 Page 2 of 2 7/27/2018 3.F.g Packet Pg. 625 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) II 44,.. 1pFeg': r fi1 zi. e.iti _;SrF t FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State September 12, 2018 Ms. Crystal K. Kinzel, Interim Clerk Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara Dear Ms. Kinzel: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your corrected electronic copy of Collier County Ordinance No. 18-41, which was filed in this office on September 12, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/1b R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.tl.us 3.F.g Packet Pg. 626 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Exhibit 1 Revised Section 12.4., Ordinance 85-83 PL20210002729 The Lely Barefoot Beach PUD Insubstantial Change (PDI) 3-4-2022 Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com 3.F.g Packet Pg. 627 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Words struck through are deleted; words underlined are added. PL20210002729 The Lely Barefoot Beach PUD (PDI) March 4, 2022 SECTION XII TRACT: ACTIVE COMMUNITY RECREATION AREA *** *** *** *** *** Text break *** *** *** *** *** 12.4 MAXIMUM BUILDING HEIGHT Two habitable floors.Zoned: 39’-3” (measured from BFE (13’) plus 1’) Actual: 57’-1” *** *** *** *** *** Text break *** *** *** *** *** 3.F.g Packet Pg. 628 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Exhibit 2 Building Height and Photos PL20210002729 The Lely Barefoot Beach PUD Insubstantial Change (PDI) 3-4-2022 Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com 3.F.g Packet Pg. 629 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) March 4, 2022 Page 1 of 3 Exhibit 2 Building Height and Photos-r2.docx Building Height: 3.F.gPacket Pg. 630Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) March 4, 2022 Page 2 of 3 Exhibit 2 Building Height and Photos-r2.docx Existing Building Photos: 3.F.g Packet Pg. 631 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) March 4, 2022 Page 3 of 3 Exhibit 2 Building Height and Photos-r2.docx 3.F.g Packet Pg. 632 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 633 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 634 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 635 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 636 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 637 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 638 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 639 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 640 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 641 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.gPacket Pg. 642Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 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 name not yet approved 3.F.g Packet Pg. 643 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 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 10/27/2021 54775120753 3.F.g Packet Pg. 644 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) $ 3,500,000 $ 1,500,000 $ 1,905,850 $ 2,228,313 $ 4,134,163 $ 4,134,163 $ 4,134,163 $ 4,134,163 Collier County Proper ty AppraiserProperty Summar y Parcel No 54775120753 SiteAddress*Disclaimer 105SHELLDR Site City BONITASPRINGS Site Zone*Note 34134 Name / Address CLUB AT BAREFOOT BEACH INC 105 SHELL DR City BONITA SPRINGS State FL Zip 34134-8584 Map No.Strap No.Section Township Range Acres *Estimated 3A07 456400 1 13A07 7 48 25 6.25 Legal LELY BAREFOOT BEACH UNIT #4 TRACTS 1& 3 Millage Area 143 Millage Rates *Calculations Sub./Condo 456400 - LELY BAREFOOT BEACH UNIT 4 School Other Total Use Code 35 - TOURIST ATTRACTIONS 4.889 6.0293 10.9183 Latest Sales Histor y (Not all Sales are listed due to Confidentiality) Date Book-Page Amount 10/06/95 2106-1683 08/01/91 1640-536 2021 Certified Tax Roll (Subject to Change) Land Value (+) Improved Value (=) Market Value (=) Assessed Value (=) School Taxable Value (=) Taxable Value If all Values shown above equal 0 this parcel was created after theFinal Tax Roll 3.F.g Packet Pg. 645 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Collier County Proper ty AppraiserProperty Aerial Parcel No 54775120753 SiteAddress*Disclaimer 105SHELLDR Site City BONITASPRINGS Site Zone*Note 34134 Open GIS in a New Window with More Features. 3.F.g Packet Pg. 646 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252‐2400 FAX: (239) 252‐6358 Created 9/28/2017 Page 1 of 3 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 N.A. b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership The Club at Barefoot Beach, Inc., 105 Shell Drive, Bonita Springs, FL 34134 a Florida Not for Profit Corporation (Please see attached annual Report) 100 c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership N.A. PROPERTY OWNERSHIP DISCLOSURE FORM 3.F.g Packet Pg. 647 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (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 N.A. 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 N.A. Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: g. Name and Address N.A. h. Date subject property acquired 1995 Leased: Term of lease years /months 3.F.g Packet Pg. 648 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252‐2400 FAX: (239) 252‐6358 Created 9/28/2017 Page 3 of 3 If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date: 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 October 26, 2021 Agent/Owner Signature Date D. Wayne Arnold, AICP Agent/Owner Name (please print) AFFIRM PROPERTY OWNERSHIP INFORMATION 3.F.g Packet Pg. 649 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Bar ef oot Beach BLVDShell DRK a u la L N Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Lely Barefoot Beach PUD Location Map . 560 0 560280 Feet Legend SUBJECT PROPERTY 3.F.g Packet Pg. 650 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) BAREFOOT BEACH BLVDEX. TENNISCOURTPROPOSED BUILDING:9,800 SF EXISTING14,305 SF PROPOSEDEX. POOL1,500 SFGULF OF MEXICOEX. POOLHOUSE1-STORYGradyMinorCivil Engineers●Land Surveyors●Planners●Landscape ArchitectsCert. of Auth. EB 0005151Cert. of Auth. LB 0005151Business LC 26000266Q. Grady Minor and Associates, P.A.3800 Via Del ReyBonita Springs, Florida 34134 Bonita Springs: 239.947.1144ZZZ.GradyMinor.coP Fort Myers: 239.690.4380EX. BRICK PAVERSPROP. SIDEWALK/CONCRETEEX. PARKING SPACES040'80'20'SCALE: 1" = 40'3.F.gPacket Pg. 651Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 1 Sharon Umpenhour From:Brooke Selvidio Sent:Wednesday, September 08, 2021 9:12 AM To:CritchfieldHoward; Brett Moore; Matthew Goddard; Dave Humphrey; Randy Rosal Cc:Bettina Roedig; Dale Moeller Subject:RE: The Club at Barefoot Beach - Follow Up Follow Up Flag:Follow up Flag Status:Flagged Good Morning Howard. This email is a follow up to my message below. As the project design meets the necessary criteria which you have previously shared, including the lowest horizontal structural member (LHSM), we are moving forward with the design details and permitting with the county and state DEP. We plan to file a request for setback and zoning compliance within the next week to the County Growth Management Department. Please let us know if you have any additional comments as we prepare our County and State DEP Applications. We appreciate your guidance to date. All the best, Brooke Selvidio Brooke Garrett Selvidio Vice President D. Garrett Construction, Inc. Cell: 239-825-9309 Office: 239-643-2900 From: Brooke Selvidio Sent: Wednesday, August 18, 2021 1:36 PM To: CritchfieldHoward; Brett Moore; Matthew Goddard; Dave Humphrey Cc: Bettina Roedig; Dale Moeller Subject: RE: The Club at Barefoot Beach ‐ Follow Up Hi Howard. We hope that you are doing great. I didn’t see a reply to this but could have easily missed it. We wanted to see if you had any questions for us on Barefoot Beach at this point. Thanks so much, Brooke Brooke Garrett Selvidio Vice President D. Garrett Construction, Inc. Cell: 239-825-9309 Office: 239-643-2900 From: Brooke Selvidio Sent: Friday, July 9, 2021 11:42 AM To: 'CritchfieldHoward'; Brett Moore; Matthew Goddard; Dave Humphrey 3.F.g Packet Pg. 652 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 2 Cc: Bettina Roedig; Dale Moeller Subject: RE: The Club at Barefoot Beach ‐ Follow Up Good Morning Howard. I hope that this email finds you well. Please see attached the State DEP Approved Site Specific Elevation for the Lowest Horizontal Structural Member of +18.8 feet NAVD. This is consistent with the elevation certificate for the existing structure, which I have included as well for you. Please let us know if you have any further questions regarding this. Thank you for your time, Brooke Selvidio Brooke Garrett Selvidio Vice President D. Garrett Construction, Inc. Cell: 239-825-9309 Office: 239-643-2900 From: CritchfieldHoward [mailto:Howard.Critchfield@colliercountyfl.gov] Sent: Monday, May 3, 2021 11:58 AM To: Brooke Selvidio; Brett Moore; Matthew Goddard; Dave Humphrey Cc: Bettina Roedig; Dale Moeller Subject: RE: The Club at Barefoot Beach ‐ Follow Up EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good Morning all, After reviewing the document prepared by Humiston and Moore, it seems that dry‐floodproofing is not limited by the flood velocities (resulted less than 5ft/s). Having said that, as part of the planning considerations and design process for the dry‐floodproofing, the designer should perform a condition assessment of the existing structure. The existing structure (105 Shell Dr) was designed and built for VE (Flood Zone) standards such as free‐of‐obstructions ground floor, breakaway walls, built on piles/columns and collapsible or independent floor slab, etc. This is opposite of the dry‐ floodproofing approach rationale, that is to design a watertight building for certain period of time capable of resisting all associated flood loads, including buoyancy. I’m attaching the latest FEMA technical bulletin #3 (Jan, 2021) regarding dry‐floodproofing requirements including the design process. Also I’ve attached the checklist for dry‐floodproofing submittal for the permit application and review. For additional information:  P‐936 Floodproofing of Non‐Residential Buildings (July, 2013)  ANSI/FM Approvals 2510‐2020 (attached) I hope this info can help. Respectfully, 3.F.g Packet Pg. 653 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3 Howard Critchfield, P.E.,CFM Senior Project Manager Growth Management Department Collier County Government 2800 N Horseshoe Dr. Naples, FL 34104 P: (239) 252-5858 F: (239) 252-6372 From: Brooke Selvidio <brooke@dgarrettconstruction.com> Sent: Wednesday, April 21, 2021 9:09 AM To: CritchfieldHoward <Howard.Critchfield@colliercountyfl.gov>; Brett Moore <bdm@humistonandmoore.com>; Matthew Goddard <mdgoddard@humistonandmoore.com>; Dave Humphrey <dhumphrey@humphreyrosal.com> Cc: Bettina Roedig <bettina@dgarrettconstruction.com>; Dale Moeller <DMoeller@theclubatbarefootbeach.com> Subject: The Club at Barefoot Beach ‐ Follow Up EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good Morning Howard. Brett Moore and Matt Goddard with Humiston and Moore have put together some information on The Club at Barefoot Beach, for your review. This should address ASCE24 Section 6.2 regarding flood velocity. We are working on establishing the LHSM Elevation for the existing building and we will send this over to you as soon as we have it completed. In the meantime, would you please review this and let us know if you have any questions or need anything further? Thank you very much for your time the other day on the phone. We greatly appreciate it. All the best, Brooke Selvidio Brooke Garrett Selvidio Vice President D. Garrett Construction, Inc. Cell: 239-825-9309 Office: 239-643-2900 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3.F.g Packet Pg. 654 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) F:\H&M-29-000\29-047-The-Club-Barefoot-Beach\Collier County\2021-04-20 flood velocity.docx April 20, 2021 Sent via E-mail MEMORANDUM To: Howard Critchfield Brooke Selvidio Dave Humphrey Dale Moeller From: Brett D. Moore, P.E., D.CE. Regarding: Club at Barefoot Beach Wave Velocity ASCE 24 Section 6.2 HM File No. 29-047 In response to our teleconference on April 19, 2021 with those listed above, we have evaluated the design flood velocity at the existing building based on the stillwater flood depth per the Flood Insurance Study (FIS) effective 2012 for transects #3 and #4. To evaluate the flood velocities, the FEMA Coastal Construction manual was applied. The project is located within AE 13, is well upland of the Gulf of Mexico flooding source. Additionally, the building site is on a relatively flat terrain, not a steeply sloping terrain, nor is the building adjacent to other large building or obstructions that will confine or redirect floodwaters and increase local flood velocities. As such the velocity is computed using the Lower Bound criteria using a grade from 7.5 to 6.5 feet NAVD and a design still water elevation of +11 feet NAVD. The result is a velocity ranging from 3.5 to 4.5 feet per sec. Attached is a copy of the topographic survey based on recent 2017 LIDAR data from the U.S. Army Corps of Engineers. 5679 STRAND COURT NAPLES, FLORIDA 34110 FAX: 239 594 2025 PHONE: 239 594 2021 3.F.g Packet Pg. 655 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 656 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 657 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 658 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 659 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 660 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 661 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) FLORIDA DEPARTMENT OF Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, FL 32399-2400 Ron DeSantis Governor Jeanette Nuñez Lt. Governor Noah Valenstein Secretary June 24, 2021 Club at Barefoot Beach c/o Matthew Goddard, P.E. Humiston and Moore Engineers 5679 Strand Court Naples, Florida 34110 Dear Mr. Goddard: 100-Year Storm Elevation Site Specific Determination File Number: CNS-CO0255 Property Owner Name: Club at Barefoot Beach Location of Subject Property: Between approximately 209 feet and 530 feet south of DEP’s reference monument R-8, in Collier County. Project address: 105 Shell Dr., Naples. This is in response to your letter received by the Department on June 7, 2021 requesting a site-specific determination of the 100-year storm elevation at the project address. Pursuant to Subsection 3109, Florida Building Code, all habitable structures shall be elevated at or above an elevation which places the lowest horizontal member above the 100-year storm elevation as determined by the Florida Department of Environmental Protection in the report titled “One-Hundred year storm Elevation requirements for Habitable Structures Located Seaward of a Coastal Construction Control Line.” Alternatively, an applicant may request that the Department of Environmental Protection determine a site-specific 100-year storm elevation for the applicant’s proposed pool and pool deck as part of the environmental permit application process. Based on the survey and site plan submitted with your request, a site specific 100-year storm elevation for the proposed habitable structure has been determined by the Department. The 100-year storm elevation (elevation of the lowest horizontal structural member) is +18.8 feet (NAVD), or higher. In addition, the design grade (scour elevation) is + 5.4 feet (NAVD), or lower. 3.F.g Packet Pg. 662 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Matthew Goddard, P.E. June 24, 2021 Page 2 This determination does not relieve you from your responsibility to comply with the permitting requirements of any other local, state, or federal regulatory agency which has jurisdiction over the proposed activity. If you have any questions, concerns, or need additional information, please contact me at the letterhead address (add Mail Station 300), or by telephone at (850) 245-8419, or by e-mail at Derek.Bellamy@FloridaDEP.gov. Sincerely, Derek Bellamy, Permit Manager Coastal Construction Control Line Program Office of Resilience and Coastal Protection 3.F.g Packet Pg. 663 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.gPacket Pg. 664Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.g Packet Pg. 665 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 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 PETITIONS: PL20210002729 – Lely Barefoot Beach PUD Insubstantial Change (PDI) In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood meeting hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., representing The Club at Barefoot Beach, Inc. (Applicant) will be held February 1, 2022, 5:30 pm at The Club at Barefoot Beach, 3rd Floor, 105 Shell Drive, Bonita Springs, FL 34134. The Club at Barefoot Beach, Inc. has submitted a formal application to Collier County, seeking approval of an insubstantial change to the Lely Barefoot Beach PUD Ordinance 85-83, as amended, Section XII, Item 12.4, Maximum Building Height from two habitable floors to establish zoned and actual building heights, consistent with the existing built height of the existing clubhouse. We also propose to modify Section XII, Item 12.6 B., gulf front yards to reference that reductions are subject to approval of a CCSL Variance. The subject property is comprised of 6.25± acres and is located at 105 Shell Drive in Section 7, Township 48 South, Range 25 East, Collier County, Florida. If you have questions or comments, contact Sharon Umpenhour with GradyMinor by email: sumpenhour@gradyminor.com or phone: 239-947-1144. For project information or to register to participate remotely* go to, gradyminor.com/Planning. Any information provided is subject to change until final approval by the governing authority. The Neighborhood Information Meeting is for informational purposes, it is not a public hearing. *Remote participation is provided as a courtesy and is at the user’s risk. The applicant and GradyMinor are not responsible for technical issues. 3.F.g Packet Pg. 666 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 1NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 LEGAL1 LEGAL2 LEGAL3 LEGAL4 FOLIO ADDRESSTYPE1999 CARLTON Q/P/R TRUST 266 BAREFOOT BEACH BLVD # 401BONITA SPRINGS, FL 34134---2534 BAREFOOT BEACH CLUB IV A CONDOMINIUM BLDG XI-40122900007660 UAHLERS, LINDA LOUIS SCOTT E SIEM N2719 BROWNE LNWAUPACA, WI 54981---0 BAREFOOT BEACH CLUB III A CONDOMINIUM BLDG VIII-40322900005303 UAMY MARIE GILLES REV TRUST 7965 REMINGTON RDCINCINNATI, OH 45242---7218 BAREFOOT BEACH CLUB IV A CONDOMINIUM BLDG XI-30122900007589 UANITA M WINKLER REVOC TRUST 4040 GLIDDEN DRSTURGEON BAY, WI 54235---0 BAREFOOT BEACH CLUB IV A CONDOMINIUM BLDG XI-60322900007864 UANN TONIA VAN HORN BRUCE TRUST 269 BAREFOOT BEACH BLVD #603BONITA SPRINGS, FL 34134---2515 BAREFOOT BEACH CLUB III A CONDOMINIUM BLDG XII-60322900006742 UARFO INTNTL CORP C/O ALLURE ACC LLC 3665 BONITA BEACH RD STE 3BONITA SPRINGS, FL 34134---4198 BAREFOOT BEACH CLUB III A CONDOMINIUM BLDG XII-PH-0322900006823 UAUDREY G JONES REV LIV TRUST JONES RESIDUARY TRUST 2919 S RIDGEVIEW WAYSIOUX FALLS, SD 57105---0 BAREFOOT BEACH CLUB IV A CONDOMINIUM BLDG IX-PH-0122900007424 UAUDUBON COUNTRY CLUB FOUNDATION INC 15725 TAMIAMI TRL NNAPLES, FL 34110---6246 8 48 25 S1/2 OF N1/2 OF NE 1/4 OF SEC 8, LESS R/W ALSO SEC 7 + 8, FROM MONUMENT NE1/4 CNR LOT 1, RUN S660FT 00142280005 UBACK 50 TRUST C/O GOULSTON & STORRS PC 400 ATLANTIC AVENUEBOSTON, MA 02110---0 BAREFOOT BEACH CLUB III A CONDOMINIUM BLDG XII-50322900006661 UBARBARA A BOWLIN REV TRUST 101 JUMENTO CAY LANEBONITA SPRINGS, FL 34134---8504 BAREFOOT BEACH CLUB IV A CONDOMINIUM BLDG XI-50422900007806 UBAREFOOT BEACH LLC C/O DEBORAH TREPINA 13224 W CREEKSIDE DRHOMER GLEN, IL 60491---8669 BAREFOOT BEACH CLUB III A CONDOMINIUM BLDG X-40122900005947 UBAREFOOT BEACH MASTER ASSN INC % ABILITY MANAGEMENT 6736 LONE OAK BLVDNAPLES, FL 34109---0 LELY BAREFOOT BEACH UNIT THREE TRACT 254775075507 UBAREFOOT BEACH MASTER ASSN INC % ABILITY MANAGEMENT 6736 LONE OAK BLVDNAPLES, FL 34109---0 LELY BAREFOOT BEACH UNIT #4 TRACT 254775120850 UBEVERUNG, CLYDE J & KAY A 264 BAREFOOT BEACH BLVD # 502BONITA SPRINGS, FL 34134---2529 BAREFOOT BEACH CLUB IV A CONDOMINIUM BLDG IX-50222900007288 UBIRGIT S LORENTZEN TRUST BRIGIT S LORENTZEN IRREV TRUST B S LORENTZEN FL QPR TRUST #3 388 AUSABLE PLACE ANN ARBOR, MI 48104---0 BAREFOOT BEACH CLUB III A CONDOMINIUM BLDG VIII-50522900005468 UBRIMMELL, JUDITHANN ROY JOHN F BRIMMELL 267 BAREFOOT BEACH BLVD #404BONITA SPRINGS, FL 34134---2508 BAREFOOT BEACH CLUB III A CONDOMINIUM BLDG X-40422900006001 UBRITT, WILLIAM G & BEVERLY R 717 PRINCETON AVEBRICK, NJ 08724---4831 BAREFOOT BEACH CLUB III A CONDOMINIUM BLDG X-60422900006247 UBUCAIDA TR, FRANK J JOANN M BUCAIDA TR BUCAIDA FLORIDA TRUST UTD 04/21/07 3807 SIGNATURE DR MIDDLETON, WI 53562---2387 BAREFOOT BEACH CLUB IV A CONDOMINIUM BLDG IX-30122900007107 UCARKHUFF, WALDO H & VIRGINIA M 267 BAREFOOT BCH BLVD PH 2BONITA SPRINGS, FL 34134---2511 BAREFOOT BEACH CLUB III A CONDOMINIUM BLDG X-PH-0222900006328 UCAROL J ANDY 1998 REV TRUST 89 LIVELY RDEIGHTY FOUR, PA 15330---0 BAREFOOT BEACH CLUB III A CONDOMINIUM BLDG VIII-60522900005581 UCHARLES B MORTON TRUST 269 BAREFOOT BEACH BLVD # 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306BONITA SPRINGS, FL 34134---2508 BAREFOOT BEACH CLUB III A CONDOMINIUM BLDG X-30622900005921 UTIMOTHY M POTTER FAMILY TRUST 2204 PARKRIDGE AVENUESAINT LOUIS, MO 63144---0 BAREFOOT BEACH CLUB III A CONDOMINIUM BLDG VIII-40622900005361 UTURNER TR, SUSAN D G WILLIAM TURNER TR SUSAN D TURNER REV TRUST G WILLIAM TURNER REV TRUST 265 BAREFOOT BEACH BLVD #502 BONITA SPRINGS, FL 34134---2503 BAREFOOT BEACH CLUB III A CONDOMINIUM BLDG VIII-50222900005400 UVANDYKE, JOHN CAMP & DEBORAH E 266 BAREFOOT BEACH BLVD # 502BONITA SPRINGS, FL 34134---2534 BAREFOOT BEACH CLUB IV A CONDOMINIUM BLDG XI-50222900007767 UVASILAKIS, LUCKY 5291 BARRINGTON DROAKLAND TOWNSHIP, MI 48306---4901 BAREFOOT BEACH CLUB IV A CONDOMINIUM BLDG XI-60222900007848 UVEGTER, MICHAEL GENE KELLY CORRINE VEGTER 14494 VEGTER RDMORRISON, IL 61270---0 BAREFOOT BEACH CLUB IV A CONDOMINIUM BLDG IX-20322900007068 UVICKIE L GIVEN REVOCABLE TRUST 760 PLUM RIDGE TRAILSIDNEY, OH 45365---0 BAREFOOT BEACH CLUB III A CONDOMINIUM BLDG X-20522900005785 UVIVIAN Y MILLER Q/P/R TRUST 265 BAREFOOT BCH BLVD #606BONITA SPRINGS, FL 34134---0 BAREFOOT BEACH CLUB III A CONDOMINIUM BLDG VIII-60622900005604 UWARREN TR, LORRAINE M LORRAINE M WARREN Q/P/R TRUST LORRAINE M WARREN TRUST II UTD 03/26/04 UTD 03/26/04 265 BAREFOOT BEACH BLVD #306 BONITA SPRINGS, FL 34134---2502 BAREFOOT BEACH CLUB III A CONDOMINIUM BLDG VIII-30622900005248 UWASHUTA, LORI 786 LAKE ROADYOUNGSTOWN, NY 14174---0 BAREFOOT BEACH CLUB III A CONDOMINIUM BLDG X-PH-0422900006360 UWELLS, JOSEPH I & TERI L 1730 GREGDEN SHORES DRSTERLING, IL 61081---0 BAREFOOT BEACH CLUB IV A CONDOMINIUM BLDG IX-40222900007204 UWHITCOMB JR, MICHAEL E DANIELLE J WHITCOMB 4618 BURBANK DRIVECOLUMBUS, OH 43220---0 BAREFOOT BEACH CLUB III A CONDOMINIUM BLDG XII-50422900006687 UWILLIAM E HESS IRREV TRUST 269 BAREFOOT BEACH BLVDNAPLES, FL 34110---0 BAREFOOT BEACH CLUB III A CONDOMINIUM BLDG XII-60222900006726 UWINKLER, TERRANCE J & MARY S 310 S BOBBY LNMOUNT PROSPECT, IL 60056---2925 BAREFOOT BEACH CLUB III A CONDOMINIUM BLDG XII-20222900006409 UWINKLER, TERRENCE J & MARY S 310 S BOBBY LNMOUNT PROSPECT, IL 60056---2925 COTTAGES AT BAREFOOT, THE A CONDOMINIUM UNIT #427905000081 UZONA, RICHARD A & RENE 325 SHELL DRBONITA SPRINGS, FL 34134---2525 COTTAGES AT BAREFOOT, THE A CONDOMINIUM UNIT #1127905000227 UZVESPER, JOSEPH P 345 SHELL DRIVE #12BONITA SPRINGS, FL 34134---2525 COTTAGES AT BAREFOOT, THE A CONDOMINIUM UNIT #1227905000243 UREFERENCE ONLY BAREFOOT BEACH CLUB III A CONDOMINIUMLELY BAREFOOT BEACH UNIT 3 THAT PORT OF TRACT 1 NKA BAREFOOT BEACH CLUB III CONDO AS DESC IN OR 1729 PG 9 54775026006 NREFERENCE ONLY BAREFOOT BEACH CLUB IV A CONDOMINIUMLELY BAREFOOT BEACH UNIT THREE TRACTS 5 & 6 N/K/A BAREFOOT BEACH CLUB IV CONDO AS DESC IN OR 1981 PG 599 54775090508 NREFERENCE ONLY COTTAGES AT BAREFOOT, THE A CONDOMINIUMLELY BAREFOOT BEACH #4 TR 4&5 NKA COTTAGES AT BAREFOOT A CONDO AS DESC IN OR 1582 PG 18 LESS OR 3395 PG 1467 54775121053 NREFERENCE ONLY7 48 25 PT OF TR'S M & N IN SEC 7 NOW SEE PARCEL 15 IN SEC 6 TWP 48 RNG 25 FOLIO NUMBER 00141842305 00141880008 NREFERENCE ONLY07 48 25 THAT PORTION OF TR O IN SEC 7 NOW SEE PARCEL 14 IN SEC 8 TWP 48 TNG 25 FOLIO NO 000142360200 00141920502 NCONCI, CHERYL 229 SECORD STTHUNDER BAY P7B 6C2 CANADA BAREFOOT BEACH CLUB III A CONDOMINIUM BLDG X-40322900005989 FGRAHAM, WENDY & ALEXANDER JAMES STEWART 12 BRIARWOOD COURTNORTH BAY P1B 2T6 CANADA BAREFOOT BEACH CLUB IV A CONDOMINIUM BLDG IX-30222900007123 FROBINSON RESIDENCE TRUST 8524 NINTH LINENORVAL L0P 1K0 CANADA BAREFOOT BEACH CLUB III A CONDOMINIUM BLDG VIII-60322900005549 FPOList_500.xls3.F.gPacket Pg. 668Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) +N APLESNEWS.COM ||3 Customer service To view important information online related to your subscription, visit aboutyoursubscription.naplesnews.com.You can also manage your subscription at account.naplesnews.com.Contact the Naples Daily News for questions or to report issues via email at naplesdailynews@gannett.com or 1-844-900-7105. 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Contact us Customer Service ..........................................................................1-844-900-7105 Advertising ........................................................Tom Claybaugh | 239-435-3473 Obituaries ............................................................................................239-263-4700 Postal information Naples Daily News, USPS #122-280, is published Monday through Sunday at 1100 Immokalee Road, Naples, FL 34110. Periodicals postage paid at Naples, FL 34110. Postmaster: Send address changes to Customer Service, PO Box 5830, Augusta, GA 30916 QUICKSTART Alice 1 2 3 Connect with alocal advisor Re view atailored list of recommendations Evaluate,tour and decide with confidence Find the right senior living option for your mom or dad with our personalized process APlace for Momhelps thousands of families like Alice’s each year and simplifies the process of finding senior living with customized guidance at no cost to your family. Ourservice is free,as we’repaid by our participating communities and providers. Connect with us at 866.403.6931 HOME CAREASSISTEDLIVINGMEMORYCAREINDEPENDENTLIVING HOME CAREASSISTEDLIVINGMEMORYCAREINDEPENDENTLIVING ND-GCI0808029-01 NEIGHBORHOOD INFORMATION MEETING PETITION:PL20210002729 –Lely Barefoot Beach PUD Insubstantial Change (PDI) In compliance with the Collier County Land Development Code (LDC) requirements,a neighborhood meeting hosted by D.Wa yne Arnold, AICP,of Q.Grady Minor and Associates,P.A.,representing The Club at Barefoot Beach,Inc.(Applicant)will be held February 1,2022, 5:30 pm at The Club at Barefoot Beach,3rd Floor,105 Shell Drive, Bonita Springs,FL 34134. The Club at Barefoot Beach,Inc.has submitted a formal application to Collier County,seeking approval of an insubstantial change to the Lely Barefoot Beach PUD Ordinance 85-83,as amended,Section XII,Item 12.4,Maximum Building Height from two habitable floors to establish zoned and actual building heights,consistent with the existing built height of the existing clubhouse.We also propose to modify Section XII,Item 12.6 B.,gulf front yards to reference that reductions are subject to approval of a CCSL Va riance. The subject property is comprised of 6.25±acres and is located at 105 Shell Drive in Section 7,To wnship 48 South,Range 25 East,Collier County,Florida. If you have questions or comments,contact Sharon Umpenhour with GradyMinor by email:sumpenhour@gradyminor.com or phone: 239-947-1144.For project information or to register to participate remotely*go to,gradyminor.com/Planning. Any information provided is subject to change until final approval by the governing authority.The Neighborhood Information Meeting is for informational purposes,it is not a public hearing. *Remote participation is provided as a courtesy and is at the user’s risk. The applicant and GradyMinor are not responsible for technical issues. Spector, 1960s icon who sang ‘Be My Baby,’ dies at 78 Ronnie Spector, the cat-eyed, bee- hived rock ’n’ roll siren who sang such 1960s hits as “Be My Baby,” “Baby I Love You” and “Walking in the Rain” as the leader of the girl group The Ro- nettes, died Wednesday at 78 after a brief battle with cancer, her family said. “Ronnie lived her life with a twinkle in her eye, a spunky attitude, a wicked sense of humor and a smile on her face. She was filled with love and gratitude,” a statement said. No other details were revealed. Tributes flooded social media, with Stevie Van Zandt saying it was an hon- or to produce her, to Brian Wilson, who wrote on Twitter: “I loved her voice so much and she was a very special per- son and a dear friend.” The Ronettes’ sexy look and power- ful voices – plus songwriting and pro- ducing help from Phil Spector – turned them into one of the premier acts of the girl-group era. Machine Gun Kelly, Fox engaged Megan Fox and Machine Gun Kelly are engaged. The actor and rapper have decided to legalize their dramatically eccentric coupling, according to Instagram videos that each posted Wednesday. Fox shared video of Kelly taking a knee at the top of a flight of outdoor stairs under the tree where the two say they fell in love in July of 2020. “Somehow a year and a half later, having walked through hell together, and having laughed more than I ever imagined possible, he asked me to marry him,” Fox wrote in the post. “And just as in every lifetime before this one, and in every lifetime that will follow it, I said yes.” An Instagram video from Kelly shows Fox wearing the two merged rings he had made for the occasion, with a diamond and an emerald that form “the obscure heart that is our love.” Fox ended her post with, “and then we drank each other’s blood,” a mo- ment not shown in the video. Momoa, Bonet split after 16 years Jason Momoa and wife Lisa Bonet have ended their 16-year relationship. A joint statement posted on the “Aquaman” star’s Instagram page Wednesday that he and his wife were parting ways. “We have all felt the squeeze and changes of these transformational times. … A revolution is unfolding ~ and our family is of no exception,” the post said, adding that they were announc- ing the split so “as we go about our lives we may do so with dignity and hones- ty.” PEOPLE IN THE NEWS Spector CORRECTIONS The Daily News promptly corrects all errors of substance. Clarifications are published when editors believe the information will help readers better understand an issue or news event. If you think we have made an error, call us at 239-435-3435 between 9 a.m. and 5 p.m. Monday through Friday. WEDNESDAY, JAN. 12 ...............................2-9-17-33-34-35 DOUBLE PLAY WEDNESDAY, JAN. 12 ...............................1-5-17-23-40-46 To see payouts on games above, visit flalottery.com. POWERBALL WEDNESDAY, JAN. 12 ...........12-21-22-30-33 PB: 24 (x4) 5+PB: $38 million (0). Next jackpot $48M 5 of 5: $1 million (1). 4+PB: $50,000 (0). 4 of 5: $100 (22). 3+PB: $100 (50). 3 of 5: $7 (1,511). 2+PB: $7 (967). 1+PB: $4 (6,577). PB: $4 (14,445). MEGA MILLIONS TUESDAY, JAN. 11......................2-3-19-52-58 MB: 16 (x2) 5+MB: $300 million (0). Next jackpot $325 million. 5 of 5: $1 million (0). 4+MB: $10,000 (3). 4 of 5: $500 (32). 3+MB: $200 (88). 3 of 5: $10 (2,283). 2+MB: $10 (1,728). JACKPOT TRIPLE PLAY TUESDAY, JAN. 11 .................................13-20-27-32-40-44 6 of 6: $450,000 (0). 5 of 6: $458 (21). 4 of 6: $23 (1,016). 3 of 6: $1 (16,783). Combo10+: $10,000 (0). Combo9: $500 (10). Combo8: $50 (62). Combo7: $20 (437). Combo6: $10 (2,288) Combo5: $5 (8,376). Combo4: Free ticket (23,280). FANTASY 5 WEDNESDAY, JAN. 12 ...................................2-21-23-24-35 5 of 5: $0 (0). 4 of 5: $555 (255). 3 of 5: $20.50 (8,139). 2 of 5: Free ticket (81,689). PICK 2, 3, 4, 5 TUESDAY, JAN. 11, MIDDAY 3-7...........9-8-9...........0-3-7-9...........4-8-6-3-1 Fireball: 2 TUESDAY, JAN. 11, EVENING 1-7 ...........4-3-2 ...........4-3-9-8 ...........4-1-0-3-5 Fireball: 9 CASH4LIFE WEDNESDAY, JAN. 12 ..........................1-6-24-36-58 CB: 4 No winners of $1,000 a day or week for life. 4 of 5+CB: $2,500 (1). 4 of 5: $500 (4). 3 of 5+CB: $100 (53). 3 of 5: $25 (214). 2 of 5+CB: $10 (1,190). 2 of 5: $4 (3,456). 1 of 5+CB: Free ticket (8,044). Florida Lottery Results are for tickets sold only in Florida 3.F.g Packet Pg. 669 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) Transcript PL20210002729 Lely Barefoot Beach PUD NIM Page 1 of 1 The Neighborhood Information Meeting was advertised and scheduled for Tuesday, February 1, 2022, 5:30 pm at The Club at Barefoot Beach, 3rd Floor, 105 Shell Drive, Bonita Springs, FL 34134. No members of the public were present or participating remotely therefore the meeting was not held. 3.F.g Packet Pg. 670 Attachment: F Backup Materials (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.h Packet Pg. 671 Attachment: G Sign Affidavit (21736 : PL20210002729 Lely Barefoot Beach PUD PDI) 3.F.h Packet Pg. 672 Attachment: G Sign Affidavit (21736 : PL20210002729 Lely Barefoot Beach PUD PDI)