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HEX Agenda 06/23/2022Collier County Hearing Examiner Page 1 Printed 6/16/2022 COLLIER COUNTY Collier County Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 June 23, 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. June 2022 Collier County Hearing Examiner Page 2 Printed 6/16/2022 1. Pledge of Allegiance 2. Review of Agenda 3. Advertised Public Hearing A. Petition No. NUA PL20210002953 - Request for a non-conforming use alteration pursuant to Land Development Code (LDC) Section 9.03.03.B.4 to allow the replacement and expansion of a residential structure. The subject property is located at 1006 Ridge Street lots 57 & 59 of Rosemary Heights Addition in Section 22, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: Gabriela Castro, Principal Planner] Commission District 4 B. Petition No. BDE PL20210002628 - 96 Southport Cove Chaffe - Request for a 42-foot boat dock extension from the maximum permitted protrusion of 20 feet allowed by Section 5.03.06.E.1 of the Collier County Land Development Code for waterways greater than 100 feet in width, to allow a boat docking facility protruding a total of 62 feet into a waterway that is 184± feet wide. The subject property is located at 96 Southport Cove and is further described as Lot 2, Southport on the Bay, Unit One, in Section 06, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 2 C. Petition No. PCUD PL20220000887 - Esperanza Place RPUD Habitat for Humanity - Request for a decision of the Hearing Examiner that storage sheds for single family dwelling units are comparable in nature to the other listed allowable accessory uses in Tract B of the Esperanza Place Residential Planned Unit Development (RPUD), adopted by Ordinance Number 2008-28, as amended. The subject RPUD is located on the north side of Immokalee Drive just west of Dilsa Lane in Section 32, Township 46 South, Range 29 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 2 4. Other Business 5. Public Comments 6. Adjourn 06/23/2022 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.A Item Summary: Petition No. NUA PL20210002953 - Request for a non-conforming use alteration pursuant to Land Development Code (LDC) Section 9.03.03.B.4 to allow the replacement and expansion of a residential structure. The subject property is located at 1006 Ridge Street lots 57 & 59 of Rosemary Heights Addition in Section 22, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: Gabriela Castro, Principal Planner] Commission District 4 Meeting Date: 06/23/2022 Prepared by: Title: Principal Planner – Zoning Name: Gabriela Castro 05/31/2022 5:06 PM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 05/31/2022 5:06 PM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 05/31/2022 5:38 PM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 06/01/2022 11:40 AM Zoning Ray Bellows Review Item Completed 06/01/2022 6:03 PM Zoning Mike Bosi Review Item Completed 06/03/2022 4:27 PM Hearing Examiner Andrew Dickman Meeting Pending 06/23/2022 9:00 AM 3.A Packet Pg. 3 NUA-PL20210002953 – 1006 Ridge Street Page 1 of 6 May 26, 2022 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION – ZONING SERVICES SECTION DATE: June 23, 2022 SUBJECT: NUA-PL20210002953; 1006 RIDGE STREET ______________________________________________________________________________ PROPERTY OWNER/APPLICANT Owner/Applicant: Agent: Martha C Gill 1006 Ridge Street Naples, FL 34103 Zachary W. Lombardo, Esq. Woodward, Pires, Lombardo, P.A. 3200 Tamiami Trail N Suite 200 Naples, FL 34103 REQUESTED ACTION: The petitioner requests the Collier County Hearing Examiner approve a non-conforming use alteration (NUA) pursuant to Land Development Code (LDC) Section 9.03.03.B.4 to allow the replacement and expansion of the second residential dwelling unit. GEOGRAPHIC LOCATION: The subject property is located at 1006 Ridge Street, approximately 400 feet east from the intersection of Tamiami Trail North (US 41) and Ridge Street, legally described as lots 57 and 59 of the Rosemary Height Addition, in Section 22, Township 49 South, Range 25 East, Collier County, Florida. (See location map on page 2). PURPOSE/DESCRIPTION OF PROJECT: The petitioner requests an NUA pursuant to LDC Section 9.03.03.B to allow the replacement and expansion of the second residential dwelling unit. The subject property comprises 0.31 ± acres within the Residential Single Family (RSF-4) zoning district. The existing home was built in 1971 and the applicant wishes to tear down the current home and build a new home that meets building code criteria. The subject NUA is to replace the existing dwelling unit with a new one that will meet the current setback requirement and Florida Building Code Requirements. 3.A.a Packet Pg. 4 Attachment: 1006 Ridge NUA Staff Report (22399 : PL20210002953 1006 Ridge Street NUA) NUA-PL20210002953 – 1006 Ridge Street Page 2 of 6 May 26, 2022 3.A.aPacket Pg. 5Attachment: 1006 Ridge NUA Staff Report (22399 : PL20210002953 1006 Ridge Street NUA) NUA-PL20210002953 – 1006 Ridge Street Page 3 of 6 May 26, 2022 SURROUNDING LAND USE & ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the subject property: North: Two-lane Ridge Street then an existing single-family residential within the RSF-4 zoning district and airport overlay (APO) East: Developed single-family residential within the RSF-4 zoning district and APO South: Developed single-family residential within the RSF-4 zoning district and APO West: Developed commercial buildings within two zoning districts, RSF-4 and General Commercial (C-4) and APO Collier County GIS Subject Property 3.A.a Packet Pg. 6 Attachment: 1006 Ridge NUA Staff Report (22399 : PL20210002953 1006 Ridge Street NUA) NUA-PL20210002953 – 1006 Ridge Street Page 4 of 6 May 26, 2022 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is within the Urban – Mixed Use District, Urban Residential Subdistrict, of the Future Land Use Map of the GMP. The GMP does not address individual NUA requests but deals with the larger issue of the actual use. As previously noted, the petitioner seeks an NUA pursuant to LDC Section 9.03.03.B to replace and expand the second dwelling unit. The subject use is consistent with the FLUM of the GMP. The requested NUA does not have any impact on this property's consistency with the County's GMP. STAFF ANALYSIS: The applicant seeks to obtain an NUA to allow for the replacement and expansion of the second residential dwelling unit in the RSF-4 zoning district. The existing home was built in 1971 and the applicant wishes to tear down the current home and build a new home that meets building code criteria. Per the Collier County Property Appraiser, two residential structures are currently on this lot, one was built in 1951 and the other was built in 1971. Per a deed found from 1962, in 1971 when the second house was built, lots 57 and 59 were already combined under one ownership. The second dwelling unit was permitted under Permit 71-603 and a Certificate of Occupancy was issued on May 21, 1971. In 1971, this property was zoned for MF-1 One and Two-Family Residential District. At the time the district's purpose was to allow medium density at 13.2 dwelling units per acre. The uses permitted were single-family residences and two-family residences, and no definition in the 1968 LDC on how to define a two-family residence. The second dwelling unit was built to meet compliance with the regulation placed in 1971. Since then, the zoning is now RSF-4 which only allows single-family dwelling units at a density of 4 dwelling units per acre. The original structure is now over 50 years old and the applicant wishes to demolish and replace the structure with a new structure that meets the required setbacks of the RSF-4 development standards and separation of structures. The decision to grant an NUA is based on the criteria in LDC Section 9.03.03.B.5.a through f. (in bold font below). Staff has analyzed this petition relative to these provisions and offers the following responses: a. The alteration, expansion, or replacement will not increase the density of the parcel or lot on which the nonconforming single-family dwelling, duplex, or mobile home is located. The proposed replacement dwelling unit is for single-family use and will not increase the density of the lot. b. The alteration, expansion, or replacement will not exceed the building height requirements of the district most closely associated with the subject nonconforming use. 3.A.a Packet Pg. 7 Attachment: 1006 Ridge NUA Staff Report (22399 : PL20210002953 1006 Ridge Street NUA) NUA-PL20210002953 – 1006 Ridge Street Page 5 of 6 May 26, 2022 The building height in the RSF-4 District is 35 feet for principal structures; no departure from the height is being requested or recommended for approval, thus the building height requirements will not be exceeded. c. The alteration, expansion, or replacement will not further encroach upon any nonconforming setback. This petition, if approved is granted as recommended by staff, will not allow a yard encroachment and meets all the setbacks for the current RSF-4, as demonstrated by the Proposed plan in Attachment A. The requirement for the RSF-4 district are as follows and the proposed building meets the following criteria: Required Front- 25 feet Proposed/Provided Front-66 Side- 7.5 feet Side-8 feet (East) Rear-25 feet Rear-26 feet d. The alteration, expansion, or replacement will not decrease or further decrease the existing parking areas for the structure. A reduction in parking requirements has neither been sought nor has any action regarding this issue been addressed as part of this petition. e. The alteration, expansion, or replacement will not damage the character or quality of the neighborhood in which it is located or hinder the proper future development of the surrounding properties; and The existing dwelling unit has existed in its present location since 1971. Although the replacement single family residence will be a larger footprint and two stories instead of one story it is unlikely that approval of this NUA will cause any greater damage to the character or quality of the neighborhood than may already exist. Many residences in this neighborhood have structures on their properties that would not meet minimum requirements today because these structures were approved and built with previous versions of the Land Development Code. Some examples of parcels with multiple residential structures include 1317 Ridge Street, 1221 Ridge Street, 1236 Rosemary Lane, 1224 Rosemary Lane. 1208 Rosemary Lane, and 928 Rosemary Lane. (see Attachment F, showing aerials of those properties). f. Such alteration, expansion, or replacement will not present a threat to the health, safety, or welfare of the community or its residents. The subject's nonconforming structure will not present a threat to the health, safety, or welfare of the community or residents. Further, the new building will meet all new Florida Building Codes that are required since the original building was built in 1971, creating a safer building that is less likely to cause damage in the place of a storm. 3.A.a Packet Pg. 8 Attachment: 1006 Ridge NUA Staff Report (22399 : PL20210002953 1006 Ridge Street NUA) NUA-PL20210002953 – 1006 Ridge Street Page 6 of 6 May 26, 2022 PUBLIC NOTICE: The applicant has received multiple letters of no objection from surrounding neighbors. Letters of no objection along with a map of the location of these neighbors are provided in Attachment D. Public notice was provided about the June 23, 2022, Hearing Examiner Hearing by posting of a public hearing notice sign on the property, mailing of notices to owners within 500 feet of the subject site, and publication of a newspaper advertisement at least 15 days prior to the hearing NEIGHBORHOOD INFORMATION MEETING (NIM): A NIM is not required for a Nonconforming Use Alteration. APPEAL OF PETITION TO BOARD OF ZONING APPEAL As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-89 of the Collier County Code of Ordinances 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. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition NUA- PL20210002953 subject to the following conditions: 1. This scope of this NUA is limited to the footprint and configuration provided on the proposed site plan (Attachment A) Attachments: A. Proposed Site Plan B. Existing Site Plan C. Ordinance from October 1968 D. Letters of No Objection E. Sign Posting F. Applicant’s Backup Material 3.A.a Packet Pg. 9 Attachment: 1006 Ridge NUA Staff Report (22399 : PL20210002953 1006 Ridge Street NUA) DRAWN BY:CHECKED BY:JOB CODE:SCALE:DATE:FILE:SHEET:24 JANUARY 20221" = 20'1006RSTJDTJD1 of 1GradyMinorCivil 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: 239.690.43801006 RIDGE STNAPLES FL 34103LYING INCOLLIER COUNTY, FLORIDABOUNDARY SURVEY w/ PROPOSED BUILDINGSECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST 22-23-SPS 0°43'36" E 134.98'N 89°16'24" E100.00'N 0°43'36" W 135.01'S 89°15'39" W100.00'PROPERTY DESCRIPTIONLOT 59RIDGE STLEGENDLOT 57ROSEMARY STLOT 61LOT 55NOTE:SETBACKSNOTES:3.A.bPacket Pg. 10Attachment: A Proposed plan (22399 : PL20210002953 1006 Ridge Street NUA) This item has been digitally signed and sealed by Timothy Jon DeVries, P.S.M. on the date adjacent to the seal using a SHA authentication code. Printed copies of this document are not considered signed and sealed and the SHA authentication code must be verified on any electronics copies. Digitally signed by Timothy J. DeVries, PSM Date: 2022.04.28 07:41:28 -04'00' EXHIBIT A3.A.cPacket Pg. 11Attachment: B Exisitng Plan (Received) (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.dPacket Pg. 12Attachment: C Section 11.8 of 1968 LDC (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.dPacket Pg. 13Attachment: C Section 11.8 of 1968 LDC (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.e Packet Pg. 14 Attachment: D Version 4 Combined Letters of No Objection for 1006 Ridge Street (22399 : PL20210002953 1006 Ridge Street NUA) Date: April 26th, 2022 Gabriela Castro Principal Planner Collier County Growth Management Department Gabriela.castro@colliercountyfl.gov Re: Non-Conforming Use Alteration Petition PL20210002953 1006 Ridge Street Dear Ms. Castro: I, the undersigned owner of 1209 Ridge St., Naples, Florida, 34103, have reviewed the Non-Conforming Use Alteration Petition, reference number PL20210002953, that was applied for by the property owner for the property located at 1006 Ridge Street, Naples, FL 34103, and have no objections. Sincerely, Signature Shane Duff ______________________ Printed Name 3.A.e Packet Pg. 15 Attachment: D Version 4 Combined Letters of No Objection for 1006 Ridge Street (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.e Packet Pg. 16 Attachment: D Version 4 Combined Letters of No Objection for 1006 Ridge Street (22399 : PL20210002953 3.A.e Packet Pg. 17 Attachment: D Version 4 Combined Letters of No Objection for 1006 Ridge Street (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.e Packet Pg. 18 Attachment: D Version 4 Combined Letters of No Objection for 1006 Ridge Street (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.e Packet Pg. 19 Attachment: D Version 4 Combined Letters of No Objection for 1006 3.A.e Packet Pg. 20 Attachment: D Version 4 Combined Letters of No Objection for 1006 Ridge Street (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.e Packet Pg. 21 Attachment: D Version 4 Combined Letters of No Objection for 1006 Ridge Street (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.e Packet Pg. 22 Attachment: D Version 4 Combined Letters of No Objection for 1006 Ridge Street (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.e Packet Pg. 23 Attachment: D Version 4 Combined Letters of No Objection for 1006 Ridge Street (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.e Packet Pg. 24 Attachment: D Version 4 Combined Letters of No Objection for 1006 Ridge Street (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.e Packet Pg. 25 Attachment: D Version 4 Combined Letters of No Objection for 1006 Ridge Street (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.e Packet Pg. 26 Attachment: D Version 4 Combined Letters of No Objection for 1006 Ridge Street (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.e Packet Pg. 27 Attachment: D Version 4 Combined Letters of No Objection for 1006 Ridge Street (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.fPacket Pg. 28Attachment: E Sign Posting 1006 Ridge (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.fPacket Pg. 29Attachment: E Sign Posting 1006 Ridge (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.fPacket Pg. 30Attachment: E Sign Posting 1006 Ridge (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.gPacket Pg. 31Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.gPacket Pg. 32Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 33 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 34 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 35 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 36 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 37 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) EXHIBIT A3.A.gPacket Pg. 38Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) DRAWN BY:CHECKED BY:JOB CODE:SCALE:DATE:FILE:SHEET:24 JANUARY 20221" = 20'1006RSTJDTJD1 of 1GradyMinorCivil 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: 239.690.43801006 RIDGE STNAPLES FL 34103LYING INCOLLIER COUNTY, FLORIDABOUNDARY SURVEY w/ PROPOSED BUILDINGSECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST 22-23-SPS 0°43'36" E 134.98'N 89°16'24" E100.00'N 0°43'36" W 135.01'S 89°15'39" W100.00'PROPERTY DESCRIPTIONLOT 59RIDGE STLEGENDLOT 57ROSEMARY STLOT 61LOT 55NOTE:SETBACKSNOTES:3.A.gPacket Pg. 39Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 1006 Ridge Street Woodward, Pires & Lombardo, P.A. 1 of 2 REVISED NARRATIVE STATEMENT The nature of this petition is to replace a nonconforming residential structure with an expanded replacement residential structure pursuant to section 9.03.03.B.4. The nature of the nonconformity is that there are two residential structures on one parcel. Currently, 1006 Ridge Street, which is zoned RSF-4 and is .31 acres in size, has two residential structures on it. Each structure meets the current setback requirements and the current height limitation. The most recently built structure of the two structures was built in 1971. The other structure was built in 1951. Both structures were properly permitted when built. The permits for the 1971 structure are enclosed for reference along with a property card for the parcel, for reference. Additionally, a deed from 1962 is enclosed to show that when the structure in 1971 was built, the two lots that make up the parcel were already combined. Further, in 1971, the subject parcel was zoned multi- family and section 5.1 of the Collier County zoning ordinance allowed multiple structures on a parcel, provided the “yard use and other requirements” of the zoning ordinance were followed. Thus, both structures were allowable uses when built. Therefore, now, the parcel has a nonconforming residential structure in that it has two residential structures. The structure built in 1971 is in need of replacement and the property owner would like to replace it and expand it. Section 9.03.03.B.4. of the Collier County Land Development Code states: Nonconforming residential structures, which for the purpose of this section shall mean detached single-family dwellings, duplexes or mobile homes in existence at the effective date of this zoning Code or its relevant amendment and in continuous residential use thereafter, may be altered, expanded, or replaced upon recommendation of the Collier County Planning Commission and approval of the Board of Zoning Appeals by resolution. Because this property has had two principal structures on it for over 50 years, and because replacing the structure entirely will involve bringing the structure up to modern day building codes, allowing this replacement and expansion of a nonconforming residential structure will greatly improve the safety of the structures on the property. Further, because this is not the only parcel on Ridge Street with multiple residential structures, 3.A.g Packet Pg. 40 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 1006 Ridge Street Woodward, Pires & Lombardo, P.A. 2 of 2 and because this very structure has been in place for over 50 years, it will not have any impact on the surrounding property owners or in any way impact density. Additionally, all elements, as alleged in the Application, have been met. Finally, this replacement and expansion does not seek to perpetuate any nonconformities other than the multiple residential structure nonconformity. 3.A.g Packet Pg. 41 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 42 Attac 3.A.gPacket Pg. 43Attachment: F 1006 3.A.g Packet Pg. 44 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 45 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 46 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 47 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 48 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 49 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 50 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 51 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 52 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 53 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 54 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 55 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 56 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 57 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 58 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 59 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 60 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 61 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 62 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 63 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 64 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 65 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3.A.g Packet Pg. 66 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 1 of 13 DEMONSTRATIVE EXHIBIT1 Example Properties on Ridge Street with Multiple Residential Structures 1317 Ridge Street 1 This demonstrative exhibit is offered by way of example and is not an exhaustive study. 3.A.g Packet Pg. 67 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 2 of 13 3.A.g Packet Pg. 68 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 3 of 13 1221 Ridge Street 3.A.g Packet Pg. 69 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 4 of 13 3.A.g Packet Pg. 70 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 5 of 13 Example Properties on Ridge Street with Multiple Residential Structures 1236 Rosemary Lane 3.A.g Packet Pg. 71 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 6 of 13 3.A.g Packet Pg. 72 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 7 of 13 1224 Rosemary Lane 3.A.g Packet Pg. 73 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 8 of 13 3.A.g Packet Pg. 74 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 9 of 13 3.A.g Packet Pg. 75 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 10 of 13 1208 Rosemary Lane 3.A.g Packet Pg. 76 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 11 of 13 3.A.g Packet Pg. 77 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 12 of 13 928 Rosemary Lane 3.A.g Packet Pg. 78 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 13 of 13 3.A.g Packet Pg. 79 Attachment: F 1006 Ridge St - Hearing Materials v3 (22399 : PL20210002953 1006 Ridge Street NUA) 06/23/2022 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.B Item Summary: Petition No. BDE PL20210002628 - 96 Southport Cove Chaffe - Request for a 42-foot boat dock extension from the maximum permitted protrusion of 20 feet allowed by Section 5.03.06.E.1 of the Collier County Land Development Code for waterways greater than 100 feet in width, to allow a boat docking facility protruding a total of 62 feet into a waterway that is 184± feet wide. The subject property is located at 96 Southport Cove and is further described as Lot 2, Southport on the Bay, Unit One, in Section 06, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 2 Meeting Date: 06/23/2022 Prepared by: Title: Planner – Zoning Name: John Kelly 06/03/2022 11:48 AM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 06/03/2022 11:48 AM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 06/03/2022 2:38 PM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 06/06/2022 5:48 PM Zoning Ray Bellows Review Item Completed 06/07/2022 9:25 AM Zoning Mike Bosi Zoning Director Review Completed 06/07/2022 9:32 AM Hearing Examiner Andrew Dickman Meeting Pending 06/23/2022 9:00 AM 3.B Packet Pg. 80 BDE-PL20210002628; 96 Southport Cove Page 1 of 8 May 31, 2022 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION- ZONING SERVICES SECTION HEARING DATE: JUNE 23, 2022 SUBJECT: BDE-PL20210002628, 96 SOUTHPORT COVE DOCK _________________________________________________________________________ PROPERTY OWNER/APPLICANT: AGENT: 96 Southport Realty, LLC Bill Nelson Scott W. Chaffee, Manager Greg Orick II Marine Construction, Inc 1029 West State Blvd, Suite A 2815 Bayview Dr. Ft. Wayne, IN 46808 Naples, FL 34112 REQUESTED ACTION: The petitioner requests a 42-foot boat dock extension over the maximum permitted protrusion of 20 feet allowed by Section 5.03.06.E.1 of the Collier County Land Development Code for waterways greater than 100 feet in width, to allow a new boat dock facility that will protrude a total of 62 feet into a waterway that is 184± feet wide, for the benefit of the subject property. GEOGRAPHIC LOCATION: The subject property is located at 96 Southport Cove and is formally identified as Lot 2, Southport on the Bay, Unit One, in Section 06, Township 48 South, Range 25 East. Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject property is located within Tract H, a residential component, of the Lely Barefoot Beach Planned Unit Development (PUD) and comprises 0.24± acres. The petitioner desires to construct a new boat dock facility with two boat slips, each with a boat lift, one for a 25.1-foot vessel and the other a 41.9-foot vessel. The proposed dock facility will protrude 42 feet from the Mean High Water Line (MHWL) which also serves as the platted property line. The subject dock facility will cross a 20-foot conservation easement for which the Conservancy of Southwest Florida has provided a letter indicating the proposed dock facility is consistent with the conservation easement; other concerns are being addressed by a Restoration Plan (see Attachment C). 3.B.a Packet Pg. 81 Attachment: Staff Report 05312022 (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) BDE-PL20210002628; 96 Southport Cove Page 2 of 8 May 31, 2022 3.B.a Packet Pg. 82 Attachment: Staff Report 05312022 (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) BDE-PL20210002628; 96 Southport Cove Page 3 of 8 May 31, 2022 SURROUNDING LAND USE & ZONING: North: A single-family residence located within the Lely Barefoot Beach PUD South: A single-family residence located within the Lely Barefoot Beach PUD East: Southport Cove (Right-of-Way_ then a single-family residence located within the Lely Barefoot Beach PUD West: Little Hickory Bay then a community recreation area with dock facilities located within the Lely Barefoot Beach PUD Collier County GIS Remainder of Page Left Blank 3.B.a Packet Pg. 83 Attachment: Staff Report 05312022 (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) BDE-PL20210002628; 96 Southport Cove Page 4 of 8 May 31, 2022 Collier County GIS ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request. The shoreline for this property contains mangroves. The proposed dock will be constructed waterward through the mangrove fringe. The access walkway will be 4 feet wide and constructed beyond the mangrove fringe parallel to the shoreline. Any additional impacts to mangroves will require written approval from Florida Department of Environmental Protection (DEP). A submerged resources survey provided by the applicant found no submerged resources in the area 200 feet beyond the proposed docking facility. The Submerged Resource Survey sheet page 5 of 8 indicates no seagrass have been observed within 200 feet of the proposed docking structure. The property contains a conservation easement just landward of mean high-water line (OR Book 1756 PG 1358). A site visit revealed a portion of the conservation easement has been impacted; therefore, the applicant has provided a restoration plan to restore the area with native plant species. 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. 84 Attachment: Staff Report 05312022 (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) BDE-PL20210002628; 96 Southport Cove Page 5 of 8 May 31, 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 improved with a single-family residence within a residential component of a PUD. The petitioner desires to construct a dock facility with two boat slips, each with a boat lift, one for a 25.1-foot vessel and the other for a 41.9-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 natural mangrove shoreline notwithstanding, the applicant argues that a vessel could not be moored or launched at the subject location as the water depth at Mean Low Tide within the 20-foot protrusion limit is only 1.2 feet. Given the bathymetric survey and cross-section contained within Attachments A and B; staff concurs. 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 intrude into any marked or charted navigable channel and is near the terminus end of the bay with little navigation other than for neighboring properties. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) 3.B.a Packet Pg. 85 Attachment: Staff Report 05312022 (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) BDE-PL20210002628; 96 Southport Cove Page 6 of 8 May 31, 2022 Criterion not met. The applicable waterway is 184± feet wide as measured from MHWL to MHWL, the requested protrusion is 62 feet; therefore, the proposed dock facility will occupy 33.7 percent of the width of said waterway. The width between dock facilities on either shore is 78 feet; therefore, only 42.39 percent of the total waterway width is maintained for navigation. Staff does however note that the subject dock facility is to be located at the end of a waterway which limits the amount of boating activity. 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 proposed dock facility has been designed not to interfere with neighboring dock facilities. As depicted upon the Proposed Dock Plan, See Attachment A, the proposed dock facility satisfies setback requirements. The neighboring dock facility to the north uses a shore parallel design and the dock to the south is perpendicular to the shore. Secondary Criteria: 1. Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Criterion met. The subject property has a natural mangrove shoreline that cannot be impacted or removed due to it being recorded as a Conservation Easement which requires the dock to be on the waterward side of the mangrove fringe; the dock has been designed with a 4-foot-wide walkway to transverse the conservation easement. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area. Criterion met. The proposed boat dock facility has been designed to moor two marine vessels; said design does not include any deck area that is not necessary for reasonable, safe, access to the vessels for loading/unloading and routine maintenance of said vessels. 3. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property’s linear waterfront footage. (The applicable maximum percentage should be maintained.) Criterion not met. The subject property has 93.23± feet of water frontage and the two vessels combined (41.9 feet plus 25.1 feet) total 67 feet; therefore, they will account for 71.87 percent of the waterfront value. 3.B.a Packet Pg. 86 Attachment: Staff Report 05312022 (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) BDE-PL20210002628; 96 Southport Cove Page 7 of 8 May 31, 2022 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. The proposed dock has been designed within the designated riparian lines and is consistent with the existing docks along the subject shoreline. Additionally, the natural mangrove shoreline serves as a visual buffer of the waterway. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06.J of the LDC must be demonstrated.) Criterion met. The submerged resources survey provided indicates that no seagrass beds exist within 200-feet of the proposed dock. No seagrass beds will be impacted by the proposed dock facility. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated. Criterion not applicable. The provisions of the Collier County Manatee Protection Plan do not apply to 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 four of the five of the primary criteria and four of the six secondary criteria with the sixth criterion being not applicable. CONCURRENT LAND USE APPLICATIONS: None. APPEAL OF BOAT DOCK EXTENSION: As to any boat dock extension petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Ordinances within 30 days of the Decision by the Hearing Examiner. An aggrieved non-party may appeal a decision of the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. 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-PL20210002628, to allow for the construction of the proposed dock facility as depicted within Attachments A and B, with the following condition: 3.B.a Packet Pg. 87 Attachment: Staff Report 05312022 (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) BDE-PL20210002628; 96 Southport Cove Page 8 of 8 May 31, 2022 1. The restoration plantings described within the Restoration Plan, Attachment C, must be installed and inspected by Collier County staff prior to issuance of a Certificate of Completion for the boat dock. Attachments: A) Boundary Survey with Proposed Dock and Bathometric B) Aerial Site Plan and Cross-Section C) Restoration Plan D) Public Hearing Sign Posting E) Applicant’s Backup, application and supporting documents F) Public Correspondence 3.B.a Packet Pg. 88 Attachment: Staff Report 05312022 (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 3.B.b Packet Pg. 89 Attachment: Attachment A - Boundary Survey with Prposed Dock (22456 : PL20210002628 BDE 96 Southport Cove Chaffe)Wayne D. Agnoli, R. S. M. Digitally signed by Wayne D. Agnoli, R. S. M. DN: E=agnoliw@abbinc.com, CN="Wayne D. Agnoli, R. S. M.", O="Agnoli, Barber & Brundage, Inc.", L=Naples, S=Florida, C=US Date: 2022.02.14 06:51:09-05'00' 3.B.b Packet Pg. 90 Attachment: Attachment A - Boundary Survey with Prposed Dock (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 3.B.b Packet Pg. 91 Attachment: Attachment A - Boundary Survey with Prposed Dock (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 3.B.c Packet Pg. 92 Attachment: Attachment B - Aerial Site Plan and Cross-Section (22456 : PL20210002628 BDE 96 Name: Scott Chaffee Address: 96 Southport Cove Bonita Springs, FL 34134 Date: 2/11/2022 Greg Orick Marine Construction, Inc. (239) 949-5588 Approved Signature: ____________________ Approved Date: ____________________ 3.B.c Packet Pg. 93 Attachment: Attachment B - Aerial Site Plan and Cross-Section (22456 : PL20210002628 BDE 96 Restoration Plan 96 Southport Cove Folio # 74435000504 Section 6 / Township 48 / Range 25, Collier County, FL Introduction Collier County Environmental staff are currently reviewing an application for a single-family residential docking facility located at 96 Southport Cove. The County’s review determined that the existing Conservation Easement (CE) area along the property shoreline will require some restoration plantings due to open areas that have historically been impacted with fill and/or cleared allowing sod to grow. This work within the easement area was not authorized therefore Collier County staff is requiring that the CE area be restored to its natural condition by removing any fill placed within and planting the area with native trees, shrubs, and groundcover. This document outlines the restoration plan for the onsite Conservation Easement area. EXISTING CONDITIONS: HABITAT & SOIL DESCRIPTIONS The subject site consists of 0.24 acre dedicated to a single-family residential dwelling with a conservation easement area along the entire shoreline. The conservation easement area was historically impacted by minor clearing of vegetation and the placement of fill material outside the authorized area. The conservation easement area will have to be restored as required by Collier County Environmental Staff. Existing soil is fill which was placed on the property at the beginning of the residential construction or during construction of pool and/or screen enclosure. Any additional fill will be removed from the easement area as part of this restoration plan. PROPOSED PLANTINGS The owner is being required to restore the conservation easement area by removing any fill that was placed there to create a consistent slope, from the remaining upland area to the existing natural shoreline elevation and planting native vegetation. This will allow for a very gradual slope and once the fill is removed the proposed plantings outlined below will be installed throughout the area. The ground cover will consist of Several plants on 3’ centers in the Conservation Easement including Sea Oxeye (Asteraceae Compositae), Bay Cedar (Suriana maritima) and Giant Leather Fern (Acrostichum danaeifolium). All species listed will be distributed in an even spreading throughout the easement. Sea Oxeye ground cover plantings will be a minimum 1 gallon pot containers whilst the Bay Cedar and Giant Leather Fern will be in minimum 3 gallon pot containers. 3.B.d Packet Pg. 94 Attachment: Attachment C - Restoration Plan (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) Irrigation is already set-up for the top half of the easement area. For the lower half of the easement no irrigation is needed due to the elevation of this portion of the conservation easement being closer to the tidal water table which should help keep the plantings hydrated naturally. 3.B.d Packet Pg. 95 Attachment: Attachment C - Restoration Plan (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) .. · .. · . �1"=201·, - Giant Leather Fern - Pteridaceae - Sea-oxeye Daisy - Asteraceae (Compositae) - Bay-cedar - urianaceae 96 Southport Cv - Conservation Restoration Plan 3.B.d Packet Pg. 96 Attachment: Attachment C - Restoration Plan (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 3.B.ePacket Pg. 97Attachment: Attachment D - Sign Posting 06032022 (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 3.B.ePacket Pg. 98Attachment: Attachment D - Sign Posting 06032022 (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 3.B.ePacket Pg. 99Attachment: Attachment D - Sign Posting 06032022 (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 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.f Packet Pg. 100 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe)96 SOUTHPORT REALTY LLC Scott Chaffe 1029 WEST STATE BLVD, STE A FT WAYNE IN 46808 2399495588 Permits@orickmarine.com Bill Nelson, Mark Oreus Greg Orick II Marine Construction, Inc 2815 Bayview Dr Naples Fl 34112 2399495588 Permits@orickmarine.com 6 48 25 74435000504 SOUTHPORT ON THE BAY 1 96 Southport Cv, South of Bonita Beach Rd Sw, East of Barefoot Beach Blvd, on Southport Cv 1 - SINGLE FAMILY RESIDENTIAL 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.f Packet Pg. 101 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe)74435000407, SOUTHPORT ON THE BAY UNIT ONE LOT 1 1 - SINGLE FAMILY RESIDENTIAL 74435000601, SOUTHPORT ON THE BAY UNIT ONE LOT 3 1 - SINGLE FAMILY RESIDENTIAL 74435009408, 636400 - SOUTHPORT ON THE BAY UNIT 1 1 - SINGLE FAMILY RESIDENTIAL N/A Little Hickory Bay Build a New Dock facility with 806 Sq Ft decked area (774 Sq Ft over water) that will include 2 Boat lifts. The proposed dock will extend 42' past the allowable 20'. For a total protrusion of 62' 184 93.23' 15' North/15' Southt 16' North/15.5 South 62 25.1 41.9 74435001105 - 84 Southport Cv - 48.65' Protrusion 74435000708 - 92 Southport Cv - 50' Protrusion .24 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.f Packet Pg. 102 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 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.f Packet Pg. 103 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 3.B.f Packet Pg. 104 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 3.B.f Packet Pg. 105 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 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.f Packet Pg. 106 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe)Scott Chaffee 100 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.f Packet Pg. 107 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 3.B.f Packet Pg. 108 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) _P_L2_02_1_00_02_62_s ______________________ _ (titfe; if I, Scott Chaffee (pr i n t name), a s applicable) of e6sournPoRTREALTYLLc (company, If applicable), swear or affirm under oath, that I am the ( choose one) owner[ZJ applicant Ocontract purchaser0and 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 Greg Orick II Marine Construction, 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. orv. 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 t{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 {las 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 i it are true. STATE OF FLORIDA COUNTY OF COLLIER Date The foreg_Q __ oi�g��nstrument was� orn to (or affirmed) and subscribed before me on 3� J.. /-J, J.,, (date) by __ ___:.';;)�-�'-��-u__�....dl.�L./-��::::::::__ _____ (name of person providing oath or affirmation), as O I 1 )VI q£ who is persona II known to me or who has produced ______ _ (type of identification) as identification. CP\08-COA-00115\155 REV3/24/14 Manager 3.B.f Packet Pg. 109 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 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 T48, R25, S06 name not yet approved 3.B.f Packet Pg. 110 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe)n SOUTHPORT ON THE BAY UNIT ONE LOT 2 74435000504 96 SOUTHPORT CV 96 Southport CV 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 10/12/2021 74435000504 3.B.f Packet Pg. 111 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe)n Mark Oreus 239-949-5588 Permits@orickmarine.com 3.B.f Packet Pg. 112 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Name: Scott Chaffee Address: 96 Southport Cove Bonita Springs, FL 34134 Date: 2/11/2022 Greg Orick Marine Construction, Inc. (239) 949-5588 Approved Signature: ____________________ Approved Date: ____________________ 3.B.f Packet Pg. 113 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Primary Criteria 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Response: Criteria met- The location has 93.23 feet of water frontage. The property is zoned for a single-family residence which allows two slips per LDC. Proposed dock consists of two slips with lifts attached to the single dock, which is appropriate for a single-family dwelling. We are requesting a 42-foot extension beyond the allowed 20-foot protrusion 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner’s application is unable to launch or moor at mean low tide (MLT). (The petitioner’s application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) Response: Criteria Met - Without the boat dock extension, a vessel would not be able to be moored or launched while at MLWL due to the water depth being 1.2’ within a 20’ protrusion of the MHWL/ property line, as shown in the bathymetric survey and Cross section. 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.) 3.B.f Packet Pg. 114 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) Response: Criteria Met - Proposed dock facility does not intrude into any marked or charted navigable channel, thus there will be no adverse impact on navigation. The proposed dock and lifts have been designed not to impede navigation and its protrusion is consistent with the neighboring docks along the shoreline. 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) Response: Criteria Not Met – Proposed Dock protrudes 62’ from MHWL, The overall Protrusion is 29.68% of the 184’ waterway width. The proposed dock leaves 70.32% of the waterway open. 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Response: Criteria Met - Proposed dock extension does not interfere with neighboring docks as shown in the aerial drawing. The Neighboring dock to the North egress/ingress on their boatlift is parallel to their shoreline and the neighbor to the South dock boat lift egress/ingress is parallel to their riparian lines. 3.B.f Packet Pg. 115 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) Secondary Criteria 1.Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Response: Criteria Met - The proposed dock facility is in an area of Little Hickory Bay that has well-developed mangroves that extend many feet beyond the county allowed dock protrusion of 20’. There is also a conservation easement that must be preserved for any dock facility being proposed. 2.Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Response: Criteria Met - Proposed dock facility allows reasonable and safe access to vessel without excessive deck area as shown in site plan survey. The design of the Proposed boat dock is for two dry slip recreational vessel lifts to be maintained safely without incidence. 3.For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property’s linear waterfront footage. (The applicable maximum percentage should be maintained.) Response: Criteria Not Met - Vessel LOA combined is 67 feet (1 ea. 41.9’ long Boat & 1 ea. 25.1’) which is more than 50 percent of the linear water frontage, being 92.23’ long. 3.B.f Packet Pg. 116 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) Response: Criteria Met - Proposed dock facility will not have an impact on waterfront view of neighboring properties and will be consistent with existing dock facilities along shoreline as shown in the aerial drawing. The proposed dock facility is within the property’s riparian lines and setbacks so this will not impact the view of the neighboring waterfront property owners. 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 I must be demonstrated.) Response: Criteria Met - There are no seagrass beds located near proposed dock facility in Little Hickory Bay as shown in the results of submerged resource survey conducted by Turrell, Hall & Associates and provided for review. 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) Response: This is a single family proposed dock, with one vessel boat lift and one Kayak/PWC lift located within Little Hickory Bay, thus it is not subject to the requirements of the Manatee Protection Plan as stated in the above referenced code of 5.03.06 E.11. 3.B.f Packet Pg. 117 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 3.B.f Packet Pg. 118 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 3.B.f Packet Pg. 119 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 3.B.f Packet Pg. 120 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 96 SOUTHPORT COVE BONITA SPRINGS, FL 34134 FOLIO #74435000504 SUBMERGED RESOURCE SURVEY REPORT OCTOBER 2021 PREPARED BY: 3.B.f Packet Pg. 121 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) Table of Contents 1 Introduction ....................................................................................................................................... 1 2 Objective ............................................................................................................................................. 2 3 Methodology ...................................................................................................................................... 3 4 Results ................................................................................................................................................. 4 5 Conclusion .......................................................................................................................................... 5 6 Photos .................................................................................................................................................. 6 3.B.f Packet Pg. 122 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 96 Southport Cove Submerged Resource Survey October 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 96 Southport Cove in Bonita Springs, FL 34134 that can be identified by folio #74435000504. This resource survey will provide planning assistance to both the property owner and regulating agencies during the review process for the proposed project. The subject property consists of a 0.24-acre parcel that can be found in Naples along Little Hickory Bay that connects to the Gulf of Mexico through Wiggins Pass. The parcel currently contains a single-family home and a natural shoreline. The property is neighbored to the north and south by single family residences, to the north by Southport Cove, and to the west by submerged bottomlands along Little Hickory Bay. The SRS was conducted on October 20, 2021, between approximately 3:40 p.m. and 4:25 p.m. Site conditions consisted of partially cloudy skies with a slight breeze. Water clarity was poor and allowed approximately 4-6 inches of visibility. The ambient air temperature was approximately 85 degrees Fahrenheit and wind speeds averaged 12 mph from the east. The average ambient water temperature was approximately 81 degrees Fahrenheit. High tide occurred before the site visit at approximately 1:50 p.m. and reached approximately 2.30 ft. above the Mean Low Water Mark. Low tide was achieved after the site visit at approximately 8:04 p.m., reaching approximately 0.90 feet above the Mean Low Water Mark. 3.B.f Packet Pg. 123 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 96 Southport Cove Submerged Resource Survey October 2021 2 2 OBJECTIVE The objective of the SRS was to identify and locate any existing submerged resources within 200 feet of project site. Ordinarily, if seagrasses 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 seagrasses may be ample cause for re-configuration of the design for projects over surface waters in order to minimize impacts. The general scope of work performed during a typical submerged resource survey is summarized below: • THA personnel will conduct a site visit and swim a series of transects within the project site in order to verify the location of any submerged resources. • THA personnel will identify submerged resources within the vicinity of the site and produce an estimate of the percent coverage of any resources found. • THA personnel will delineate the approximate limits of any submerged resources observed via a handheld GPS device. 3.B.f Packet Pg. 124 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 96 Southport Cove Submerged Resource Survey October 2021 3 3 METHODOLOGY THA biologists intentionally designed the methodology of the SRS to cover not only the entire property shoreline, but also the area within 200 feet of 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. (See attached Exhibits) • 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.f Packet Pg. 125 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 96 Southport Cove Submerged Resource Survey October 2021 4 4 RESULTS The substrate found within the surveyed area consists of mangrove leaf litter, sandy material, and shell debris. The shell debris observed was consistent throughout the site. Depths increased gradually with distance from the shoreline to the middle of the waterway. Mangroves and several exotic vegetative species comprise the shoreline. During the submerged portion of the survey, no seagrasses, oysters, or other resources were observed in any capacity. Accordingly, 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 within the vicinity of the project site Common Name Scientific Name Eastern mudminnow Umbra pygmaea Common barnacle Balanus spp. Eastern oyster Crassostrea virginica 3.B.f Packet Pg. 126 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 96 Southport Cove Submerged Resource Survey October 2021 5 5 CONCLUSION The submerged resource survey was conducted and completed throughout a 200-foot radius surrounding the project site and yielded few results. Mangroves are present along the shoreline, and no seagrasses or other resources were observed anywhere within the vicinity of the project site. Accordingly, negative impacts to submerged resources are not expected as a result of the proposed project. 3.B.f Packet Pg. 127 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 96 Southport Cove Submerged Resource Survey October 2021 6 6 PHOTOS Photo 1: View of the mangroves and exotic species along the natural shoreline. Photo 2: Sandy material and shell debris found throughout the surveyed area. 3.B.f Packet Pg. 128 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 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 26.19.518<> LONGITUDE:W -81.50.470SITE ADDRESS:<> 96 SOUTHPORT CVBONITA SPRINGS, FL 34134Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21190.00 Orick Misc Jobs\21190.01 96 Southport Cv\CAD\EIA\21190.01.dwg LOCATION 12/1/2021THESE 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.:RY NO. 5875CHZS11/30/2121190.01-62596 SOUTHPORT CV.21190.01 - LOCATION48-------------------1 OF 4COLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLES3.B.fPacket Pg. 129Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove NESW0204080SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21190.00 Orick Misc Jobs\21190.01 96 Southport Cv\CAD\EIA\21190.01.dwg FLUCFCS 12/1/2021THESE 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.:RY NO. 5875CHZS11/30/2121190.01-62596 SOUTHPORT CV.21190.01 - FLUCFCS48-------------------2 OF 4UPLAND (ACRES):WETLAND (ACRES):PROJECT (ACRES):0.220.220.0·SURVEY COURTESY OF:··SURVEY DATED:NOTES:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE."NO SURVEY DATA AVAILABLE"MM-DD-YYYYFLUCFCSDESCRIPTIONAREA(AC)111FIXED SINGLE FAMILY UNITS <LESSTHAN TWO DWELLING UNITS PERACRE>0.22Property BoundarySOUTHPORT COVE1113.B.fPacket Pg. 130Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove NESW0204080SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21190.00 Orick Misc Jobs\21190.01 96 Southport Cv\CAD\EIA\21190.01.dwg SOILS 12/1/2021THESE 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.:RY NO. 5875CHZS11/30/2121190.01-62596 SOUTHPORT CV.21190.01 - SOILS48-------------------3 OF 4·SURVEY COURTESY OF:··SURVEY DATED:NOTES:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.·SOIL DATA PROVIDED BY:1998 UNITED STATES DEPT OF AGRICULTURESOIL SURVEY OF COLLIER COUNTY AREA, FL"NO SURVEY DATA AVAILABLE"MM-DD-YYYYCODEDESCRIPTIONHYDRIC38URBAN LAND-MATLACHA-BOCACOMPLEX99WATER3899SOUTHPORT COVE3.B.fPacket Pg. 131Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove NESW0204080SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\21190.00 Orick Misc Jobs\21190.01 96 Southport Cv\CAD\EIA\21190.01.dwg SUBMERGED 12/1/2021THESE 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.:RY NO. 5875CHZS11/30/2121190.01-62596 SOUTHPORT CV.21190.01 - SUBMERGED48-------------------4 OF 4TYPICAL DIVE TRANSECTNO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200 FT OF THEPROPOSED PROJECTTRANSECT200'1 0 0 ' 10'3.B.fPacket Pg. 132Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Restoration Plan 96 Southport Cove Folio # 74435000504 Section 6 / Township 48 / Range 25, Collier County, FL Introduction Collier County Environmental staff are currently reviewing an application for a single-family residential docking facility located at 96 Southport Cove. The County’s review determined that the existing Conservation Easement (CE) area along the property shoreline will require some restoration plantings due to open areas that have historically been impacted with fill and/or cleared allowing sod to grow. This work within the easement area was not authorized therefore Collier County staff is requiring that the CE area be restored to its natural condition by removing any fill placed within and planting the area with native trees, shrubs, and groundcover. This document outlines the restoration plan for the onsite Conservation Easement area. EXISTING CONDITIONS: HABITAT & SOIL DESCRIPTIONS The subject site consists of 0.24 acre dedicated to a single-family residential dwelling with a conservation easement area along the entire shoreline. The conservation easement area was historically impacted by minor clearing of vegetation and the placement of fill material outside the authorized area. The conservation easement area will have to be restored as required by Collier County Environmental Staff. Existing soil is fill which was placed on the property at the beginning of the residential construction or during construction of pool and/or screen enclosure. Any additional fill will be removed from the easement area as part of this restoration plan. PROPOSED PLANTINGS The owner is being required to restore the conservation easement area by removing any fill that was placed there to create a consistent slope, from the remaining upland area to the existing natural shoreline elevation and planting native vegetation. This will allow for a very gradual slope and once the fill is removed the proposed plantings outlined below will be installed throughout the area. The ground cover will consist of Several plants on 3’ centers in the Conservation Easement including Sea Oxeye (Asteraceae Compositae), Bay Cedar (Suriana maritima) and Giant Leather Fern (Acrostichum danaeifolium). All species listed will be distributed in an even spreading throughout the easement. Sea Oxeye ground cover plantings will be a minimum 1 gallon pot containers whilst the Bay Cedar and Giant Leather Fern will be in minimum 3 gallon pot containers. 3.B.f Packet Pg. 133 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) Irrigation is already set-up for the top half of the easement area. For the lower half of the easement no irrigation is needed due to the elevation of this portion of the conservation easement being closer to the tidal water table which should help keep the plantings hydrated naturally. 3.B.f Packet Pg. 134 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) .. · .. · . �1"=201·, - Giant Leather Fern - Acrostichum danaeifolium -Sea-oxeye Daisy - Asteraceae Compositae - Bay-cedar - Suriana maritima 96 Southport Cv - Conservation Restoration Plan 3.B.f Packet Pg. 135 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) March 1, 2022 Mr. Mark Oreus Permit Technician Greg Orick Marine Construction 2815 Bayview Drive Naples, FL 34112 Sent via email RE: Proposed Dock at 96 Southport Cove Dear Mr. Oreus: Thank you for sending the Conservancy of Southwest Florida the boat dock extension survey drawings and Florida Department of Environmental Protection (DEP) conservation easement boundary overlaid on an aerial for 96 Southport Cove. Pursuant to the Settlement Agreement between the Conservancy, Lely Estates, Inc., and Collier County pertaining to the Lely Barefoot Beach PUD, the Conservancy must be notified of any proposed construction activities within the conservation easement. The Conservancy has struggled to rectify the survey drawings with the aerial imagery for this property because it appears that the DEP conservation easement (Attachment A) is primarily located in a sodded and landscaped backyard spilling over into the pool cage area of the home. The restrictions contained in the conservation easement include the following under Section 1.: c. No removal or destruction of native trees, shrubs, or other vegetation on the property; e. No surface use except for purposes that permit the land or water area to remain predominantly in its natural condition on the property. 3.B.f Packet Pg. 136 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) It is unclear how the current activities and uses within the conservation easement boundary would be considered consistent with the easement requirements. We are therefore copying DEP on this communication in case they would like to investigate further. However, for purposes of reviewing consistency with the proposed boat dock extension as depicted on the survey drawings from Agnoli, Barber & Brundage dated February 11, 2022 (Attachment B), the dock design appears to be consistent with the conservation easement, which allows an access ramp or walkway so long as this structure does not exceed 4 feet in width. Please let me know if you have any questions. Sincerely, Nicole Johnson Director of Environmental Policy CC: Jon Iglehart, DEP, Director of the South Florida Office 3.B.f Packet Pg. 137 Attachment: Attachment E - BDE HEX BACKUP FINAL (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) BDE-PL20210002628 96 Southport Cove ATTACHMENT F Public Correspondence Correspondence Received: • 92 Southport Cove – Gilchrist – Concerned, no objection • 94 Southport Cove – Felsberg – Letter of Objection • 98 Southport Cove – McNutt – Letter of Objection 3.B.g Packet Pg. 138 Attachment: Attachment F - Public Correspondence (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) From: John Gilchrist <gilx1948@gmail.com> Sent: Thursday, June 16, 2022 12:27 PM To: KellyJohn Subject: BDE-PL20210002628 - 96 Southport Cove 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. We do not have any objection to the proposed plan. However, our view is influenced by the particular location of the dock which is at the north end of the bay and not in a place that will generally obstruct boat traffic or views of the bay. Our only concern is to not allow approval to set a precedent for other future dock proposals in our bay. Granting a variance of 42’ (20’ permitted plus a 42’ variance for a total of 62’) would to my mind be totally inappropriate for other parts of the bay and its entry. Most of the docks on the bay and its entry are set horizontally to the owner’s property which is less invasive than approving a dock that is vertical to the property. If future variances of 42’ or more are approved in other parts of our bay, there is a risk that the scenic views will be impaired, and the bay may take on the characteristics of a marina. Our bay is a beautiful environmental resource that should be protected. The staff report includes the following language: “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…” While I agree with the staff recommendation for this request, I would be disappointed if the staff automatically approved any plan that passes four of the primary criteria and four of the six secondary criteria. For example, the proposed plan fails the following criteria: “Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.)” Given the unique out-of-the-way location of the proposed dock plan, I agree that failure to meet the above criteria should not disqualify it for approval. However, there are other parts of the bay and its entry where a failure to meet this criterion should result in disqualification in and of itself. I implore the county to take the unique characteristics 3.B.g Packet Pg. 139 Attachment: Attachment F - Public Correspondence (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) of each dock proposal into consideration before granting approval simply because four of the five primary criteria and four of the six secondary criteria are met. Thank you. John Gilchrist 92 Southport Cv Barefoot Beach, FL 34134 Mobile Ph: 847-951-5073 Email: gilx1948@gmail.com 3.B.g Packet Pg. 140 Attachment: Attachment F - Public Correspondence (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 1 Collier County Hearing Examiner: Mr. Andrew Dickman 96 Southport Cove, Bonita Springs Boat Dock extension Permit No. PL20210002628 June 13, 2022 Dear Mr. John Kelly, (In response to the referenced dock extension application, we are submitting the following letter, and will follow up with a technical review of the Collier County’s Staff Report. Thanking you in advance for the opportunity to comment and for your consideration of this letter and supporting documentation to follow at a later date.) Our family has enjoyed living on the property, south of the where the dock is proposed, since 1990. We have made a concerted effort over those 30-plus years to be good stewards of our waterfront on Little Hickory Bay. We have purposely allowed mangrove and other native vegetation to thrive on our coastal bank, choosing to forego a water view in favor of protecting the fragile environment to the extent possible. Over the years, despite our best efforts we have observed worsening erosion of the bank in the vicinity of our dock, even though we do not have a boat with an engine to resuspend and erode the marine sediments in that area. In consideration of the dock extension which would protrude three times further into the bay than allowable pursuant to Dock Facilities, 5.03.06 E.1, and based on our observations of changes to the existing coastal bank, we have significant concerns about the environmental damage that will be caused by the active use of a 41.9-foot, four engine, cabin cruiser/motor yacht which would be accommodated at the proposed 804-square foot U-dock. The dock extension application does not consider the impacts that will be caused by the boat’s wake and propeller wash. A forty-foot boat requiring four large engines will cause increasing scour of marine sediments, particularly during arrivals and departures from the dock, where studies have shown significantly higher velocities and much greater stresses than ambient conditions, and depending on other factors such as bathymetry, bank slope, and tidal levels. Scour, and corresponding erosion and turbidity impacts are likely to be significant on our bank and around the pilings of our dock because of the alignment of the dock. As shown on the proposed dock plan, dated February 11, 2022, the cabin cruiser/motor yacht will travel in reverse across our property boundary and adjacent to our dock. We are particularly concerned that the wake and prop wash will cause sufficient scour of the bank and dock pilings to make our property and dock more vulnerable to storm damage. How will these erosion and sedimentation impacts increase as storms become more severe and more frequent due to climate change? The referenced plan shows the U-dock extending to within 15.5-feet from our in-water property line, barely meeting the 15-foot set-back requirement, (pursuant to Dock Facilities, 5.03.06 E.5) by six inches. We note that the 15-foot setback is applicable in the regulations to a dock protruding 20-feet from the shoreline. This setback may be adequate for a boat using a 20-foot dock; it would appear to allow for safe use of the waterway for all neighbors and pose minimal risk of damage to neighboring properties from wake and propeller scour. However, a 15-foot setback is not adequate for a dock that extends three times further into the waterbody. Proportional increases in set-backs should be required. A 3.B.g Packet Pg. 141 Attachment: Attachment F - Public Correspondence (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 2 reasonable setback would be at least three times as far as the minimum to provide an equivalent level of safety and protection from environmental damage to neighboring properties. Furthermore, an allowance of dock this large could impede or preclude neighbors such as us from requesting comparable or even modest extensions to our docks. If an approval of the dock extension limits neighbors’ abilities to obtain a comparable approval all things considered, this arguably could be construed as a taking of properties without consent. Accordingly, we respectfully request that the County staff reconsider their recommendation for this dock extension. Lastly, we note that the applicant has just recently purchased the property, knowing at that time the dimensional limits for a dock. Prior to purchase, he had three alternatives: 1) acquire a property where this larger boat could be accommodated without an extension approval, 2) use a marina, or 3) build a conforming dock. While we wish our new neighbor well, he still has alternatives which would cause less damage to the environment and preserve current safety conditions for use and enjoyment of the bay by all of our neighbors. There are sound environmental reasons, as well as boat safety reasons for maintaining the existing dock dimensional requirements and the application provides no valid reason why an extension permit is needed or why it should be granted by Collier County which represents all of our interests. In over 30 years here, our neighbors have respected these limits and we hope our new neighbor also will consider our concerns and withdraw this plan without prejudice. We appreciate your consideration of our comments. As mentioned previously, we will be submitting a more technical analysis of the Collier County Staff Report’s evaluation of primary and secondary criteria, which have not been addressed directly in this comment. We only were able to obtain the county report within the past 48 hours and need additional time to review it thoroughly. Sincerely, Robert W. Felsberg Nancy Felsberg Baker cc. Southport Cove Homeowners’ Association 3.B.g Packet Pg. 142 Attachment: Attachment F - Public Correspondence (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) From: Terry McNutt <tmcnutt55@gmail.com> Sent: Tuesday, June 14, 2022 9:02 PM To: KellyJohn Subject: 96 Southport Dock Installation 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. Dear Mr John Kelly, I am writing to you to voice my concern for the new dock proposal at 96 Southport Cove. As per our previous conversations, I am very concerned about my ability to have ingress and egress to my new boat lift. Greg Orick Marine Construction has assured my next door neighbor that navigating my boat to my lift will not be a problem. I have taken all the proposed marine drawings for said dock to the company that installed my new lift, Nelson Marine Construction, and they do not agree with Mr. Orick. I am not a novice boater. I have quite a few power driven craft of various sizes and drive configurations. I have a 24' inboard Malibu ski boat, a 20' I/O, a 24'outboard pleasure boat, and a 30' twin inboard cabin cruiser. I have owned two of these crafts for over twenty years. Two of these boats are in slips in marinas in Michigan. My docking experience is extensive on the Great Lakes, Lake Michigan and Lake Erie. In April, while still at Southport CV, I attempted multiple times to begin my docking maneuvers where my neighbors fishing boat would be docked. I was unsuccessful on my attempts with my new boat colliding with my lift plyons each time. I do not feel that this is a successful docking attempt. As it stands now, I feel I will have wasted thousands of dollars on a new lift that will be difficult to access if not totally unusable. According to Nelson Marine Construction it will be more than my original cost to make my lift easily accessible. Sincerely, Terry and Marti McNutt 98 Southport Cove Bonita Springs, FL 3.B.g Packet Pg. 143 Attachment: Attachment F - Public Correspondence (22456 : PL20210002628 BDE 96 Southport Cove Chaffe) 06/23/2022 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.C Item Summary: Petition No. PCUD PL20220000887 - Esperanza Place RPUD Habitat for Humanity - Request for a decision of the Hearing Examiner that storage sheds for single family dwelling units are comparable in nature to the other listed allowable accessory uses in Tract B of the Esperanza Place Residential Planned Unit Development (RPUD), adopted by Ordinance Number 2008-28, as amended. The subject RPUD is located on the north side of Immokalee Drive just west of Dilsa Lane in Section 32, Township 46 South, Range 29 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 2 Meeting Date: 06/23/2022 Prepared by: Title: Planner – Zoning Name: John Kelly 06/03/2022 11:50 AM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 06/03/2022 11:50 AM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 06/03/2022 2:42 PM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 06/06/2022 5:52 PM Zoning Ray Bellows Review Item Completed 06/07/2022 9:58 AM Zoning Mike Bosi Zoning Director Review Completed 06/08/2022 8:57 AM Hearing Examiner Andrew Dickman Meeting Pending 06/23/2022 9:00 AM 3.C Packet Pg. 144 PCUD-PL20220000887 Page 1 of 7 Esperanza Place RPUD-Tract B 06/08/2022 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JUNE 23, 2022 SUBJECT: ESPERANZA PLACE RPUD, TRACT B, COMPARABLE USE DETERMINATION - PCUD-PL20220000887 _________________________________________________________________________ PROPERTY OWNER/AGENT: Applicant/Owner: Agent: Habitat for Humanity of Collier County, Inc D. Wayne Arnold, AICP 11145 Tamiami Trail E Q. Grady Minor & Associates, P.A. Naples, FL. 34113 3800 Via Del Rey Bonita Springs, FL. 34134 REQUESTED ACTION: Request for a decision of the Hearing Examiner that storage sheds for single family dwelling units are comparable in nature with the list of allowable accessory uses, for Tract B of the Esperanza Place Residential Planned Unit Development (RPUD), in Exhibit A, Section II.A.2, of Ordinance Number 2008-28, as amended, which is the governing zoning document. See Attachment A for complete property owner list with Parcel identification numbers and addresses. GEOGRAPHIC LOCATION: The Esperanza Place RPUD is a partially developed RPUD encompassing 31.63± acres located on Immokalee Drive, just west of Dilsa Lane. Tract B comprises 13.80± acres, roughly the eastern half of the RPUD less Tract C which embraces 2.0± acres located at the southeast corner, in Section 32, Township 46 South, Range 29 East, Collier County, Florida. Tract (See location map page 2). PURPOSE AND DESCRIPTION OF PROJECT: The petitioner seeks a determination from the Hearing Examiner that storage sheds are an allowable accessory use to residential single-family dwelling units, both attached and detached, within Tract B of the Esperanza Place RPUD. The only listed permitted uses within Tract B of the subject RPUD are Single-family attached and detached dwelling units. Allowable accessory uses within Tract B are garages, carports, and any other use that is comparable in nature with the list of permitted uses as determined by the Board of Zoning Appeals (now Hearing Examiner). Said storage sheds would be subject to the established setbacks for accessory uses within the RPUD. 3.C.a Packet Pg. 145 Attachment: Staff Report 06082022 (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for Humanity) PCUD-PL20220000887 Page 2 of 7 Esperanza Place RPUD-Tract B 06/08/2022 3.C.aPacket Pg. 146Attachment: Staff Report 06082022 (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for PCUD-PL20220000887 Page 3 of 7 Esperanza Place RPUD-Tract B 06/08/2022 SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the subject property which is a Residential Planned Unit Development (RPUD). North: ResidentialSingle-Family-4 (RSF-4) and Mobile Home (MH), Improved Residential; South: Esperanza Place RPUD - Tract C, then Immokalee Drive (Right-of-Way) followed by Rural Agricultural with Mobile Home Overlay (A-MHO), Improved Residential; East: Rural Agricultural with Mobile Home Overlay (A-MHO), Improved Residential; and West: Esperanza Place RPUD – Tract A, Improved Residential Collier County GIS A B C 3.C.a Packet Pg. 147 Attachment: Staff Report 06082022 (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for Humanity) PCUD-PL20220000887 Page 4 of 7 Esperanza Place RPUD-Tract B 06/08/2022 Esperanza Place RPUD – Master Plan 3.C.aPacket Pg. 148Attachment: Staff Report 06082022 (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for PCUD-PL20220000887 Page 5 of 7 Esperanza Place RPUD-Tract B 06/08/2022 STAFF ANALYSIS: Per LDC section 10.02.06.K, a Comparable Use Determination (CUD) process is to be used to determine whether a specified use is comparable in nature with the list of permitted uses and the purpose and intent statement of the specified zoning district, overlay, or PUD. After staff evaluation of the criteria in LDC section 10.02.06.K.2 the results are presented at a public hearing for the purposes of approval, approval with conditions, or denial. LDC section 10.02.06.K.2 Criteria listed in bold with staff analysis in regular font. 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 petitioner is seeking a determination that storage sheds, as an accessory use to single- family dwelling units – attached and detached, possess similar characteristics to other accessory uses within Tract B of the Esperanza Place RPUD; those other accessory uses include, but are not limited to, the following: garages, carports, swimming pools, etc. By definition, an accessory use or structure is a use or structure located on the same lot or parcel and incidental or subordinate to the principal use or structure. Staff notes that storage sheds are listed as an allowable accessory use within Tract C for which the RPUD already contains setbacks applicable to accessory uses. A true accessory use should not alter or impact any of the listed characteristics any more so than the principal use which is not in question. 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 placement of a storage shed on a single-family lot in accordance with applicable setbacks for accessory structures will yield no negative impacts on neighboring properties with regard to noise, odor and/or glare. 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. As per the Immokalee Area Master Plan Future Land Use Map, the subject property is designated Urban - Mixed Use District, Medium Residential (MR) Subdistrict. The Immokalee Area Master Plan, an element of the Collier County Growth Management Plan (GMP), reveals the purpose of the MR Subdistrict is to provide for a mixture of housing types and supporting uses. The Esperanza Place RPUD has previously been found to be 3.C.a Packet Pg. 149 Attachment: Staff Report 06082022 (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for Humanity) PCUD-PL20220000887 Page 6 of 7 Esperanza Place RPUD-Tract B 06/08/2022 consistent with the GMP and storage sheds are not called out as a specifically prohibited use within either the GMP or the RPUD. D. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. Again, this petition is dealing with an accessory use and not a permitted use. The petitioner seeks a determination that storage sheds are allowable as an accessory use to single-family dwelling units. Storage sheds are listed as an allowable accessory use within Tract C of the RPUD for which the only allowable principal use is single-family dwelling units; there is no distinction between attached or detached dwelling units. Tract B permitted uses allows for both single-family, attached and detached dwelling units; however, fails to list storage sheds as an allowable accessory use – amongst others, specifically allowable accessory uses are garages, carports, and “any other use that is comparable in nature with the foregoing list of permitted uses, as determined by the BZA (now Hearing Examiner) according to the process described in the LDC.” As storage sheds have been deemed to be allowable as accessory uses in residential base zoning districts, staff is compelled to deem them both compatible and consistent; see E., below. E. Any additional relevant information as may be required by the County Manager or designee. Staff questions why this specific RPUD calls out storage sheds as an allowable accessory use within Tract C as such sheds have historically been found to be accessory and incidental to single-family dwelling units. The Collier County Land Development Code (LDC), Ordinance Number 04-41, as amended, provides the development and land use regulations for base zoning districts within unincorporated Collier County. Section 2.02.02.B of the LDC lists each of the Zoning Districts that are to be considered as residential, the land use regulations for which appear within Section 2.03.02 – Residential Zoning Districts. Section 2.02.02.A lists those zoning districts deemed to be agricultural in nature, the land use regulations for which include a single-family residence as a permitted use within Section 2.03.01 – Agricultural Zoning Districts. Staff researched the allowable accessory uses of each of the Residential and Agricultural zoning districts and finds that, with exception to Village Residential (VR), there is no specific mention of storage sheds; rather, the first allowable accessory use within each of the district’s states: Uses and structures that are accessory and incidental to uses permitted as of right in the [insert zoning designation] district. The VR district specifically calls out storage as an allowable accessory use when used for fishing or farming equipment by the residents of the permitted use. Staff then turned to Section 4.02.03 of the LDC which sets forth the setbacks for listed accessory uses and structures and finds that there is no mention of storage sheds; however, “utility buildings” are listed as an accessory use. There are no limitations as to which zoning districts utility buildings would be allowed in. Section 4.02.12 sets forth regulations for “outdoor storage” when approved as a principal or conditional use, not as an accessory use. Given the sheer number of storage sheds that are in use on single-family residential and agricultural properties, staff must conclude that storage sheds (aka: utility buildings) are indeed accessory and incidental to single-family dwelling units and are thereby an allowable accessory use when properly permitted by means of a building permit. 3.C.a Packet Pg. 150 Attachment: Staff Report 06082022 (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for Humanity) PCUD-PL20220000887 Page 7 of 7 Esperanza Place RPUD-Tract B 06/08/2022 CONCURRENT LAND USE APPLICATIONS: None. APPEAL OF HEARING EXAMINER DECISION: As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Ordinances within 30 days of the Decision by the Hearing Examiner. An aggrieved non-party may appeal a decision of the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. 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. PUBLIC NOTICE: A newspaper advertisement for the Hearing Examiner public meeting is the only notice required per Administrative Code (Chapter 3L) and LDC section 10.03.06.O in accordance with F.S. §125.66. The newspaper advertisement posted in the Naples Daily News on June 4, 2022. Per LDC and Administrative Code a Neighborhood Information Meeting (NIM), posting of a sign on the subject property, and a mailing to surrounding property owners is not required. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner determine that storage sheds are comparable with other listed accessory uses within Tract B of the Esperanza Place RPUD, subject to the development standards contained within the RPUD and the LDC. Attachments: A. Application and Supporting Documents 3.C.a Packet Pg. 151 Attachment: Staff Report 06082022 (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for Humanity) Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Esperanza Place RPUD Comparable Use Determination (PL20220000887) Application and Supporting Documents June 23, 2022 HEX Meeting 3.C.b Packet Pg. 152 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for 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 Habitat for Humanity of Collier County, Inc. 11145 Tamiami Tr. E.Naples FL 34113 239-775-0036 MFoley@habitatcollier.org D. Wayne Arnold, AICP Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs FL 34134 239-947-1144 warnold@gradyminor.com See Property Owner List See Property Owner List Habitat for Humanity of Collier County, Inc. sheds as accessory Esperanza Place ✔ 3.C.b Packet Pg. 153 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for 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 2 of 2 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 Affidavit of Authorization 1 Completed Addressing Checklist 1 Determination request and the justification for the use 1 PUD Ordinance and Development Commitment information 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. 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. 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 __________________________________ ____________________ Applicant Signature Date __________________________________ Printed Name 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. 2800 No Na ________________________________________________________________________________________________________________ Applicant Signature March 28, 2022 D. Wayne Arnold, AICP ✔ ✔ 3.C.b Packet Pg. 154 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for January 20, 2022 Page 1 of 1 Property Owner List.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Esperanza Place RPUD Property Owner List Parcel ID Owner Address Block Lot 31345980029 HABITAT FOR HUMANITY OF CC INC A 1 31345980100 HABITAT FOR HUMANITY OF CC INC 2357 ESPERANZA WAY L-2 1 31345983026 HABITAT FOR HUMANITY OF CC INC A-1 1 31345983042 HABITAT FOR HUMANITY OF CC INC 2227 ESPERANZA WAY L-1 1 31345983385 HABITAT FOR HUMANITY OF CC INC 2236 ESPERANZA WAY 30 31345983408 HABITAT FOR HUMANITY OF CC INC 2232 ESPERANZA WAY 31 31345983424 HABITAT FOR HUMANITY OF CC INC 2233 ESPERANZA WAY 32 31345983440 HABITAT FOR HUMANITY OF CC INC 2237 ESPERANZA WAY 33 31345983466 HABITAT FOR HUMANITY OF CC INC 2241 ESPERANZA WAY 34 31345983482 HABITAT FOR HUMANITY OF CC INC 2245 ESPERANZA WAY 35 31345983505 HABITAT FOR HUMANITY OF CC INC 2249 ESPERANZA WAY 36 31345983521 HABITAT FOR HUMANITY OF CC INC 2253 ESPERANZA WAY 37 31345983547 HABITAT FOR HUMANITY OF CC INC 2257 ESPERANZA WAY 38 31345983563 HABITAT FOR HUMANITY OF CC INC 2261 ESPERANZA WAY 39 31345983589 HABITAT FOR HUMANITY OF CC INC 2265 ESPERANZA WAY 40 31345983602 HABITAT FOR HUMANITY OF CC INC 2269 ESPERANZA WAY 41 31345983628 HABITAT FOR HUMANITY OF CC INC 2273 ESPERANZA WAY 42 31345983644 HABITAT FOR HUMANITY OF CC INC 2277 ESPERANZA WAY 43 31345983660 HABITAT FOR HUMANITY OF CC INC 2281 ESPERANZA WAY 44 31345983686 HABITAT FOR HUMANITY OF CC INC 2285 ESPERANZA WAY 45 31345983709 HABITAT FOR HUMANITY OF CC INC 2289 ESPERANZA WAY 46 31345983725 HABITAT FOR HUMANITY OF CC INC 2293 ESPERANZA WAY 47 31345983741 HABITAT FOR HUMANITY OF CC INC 2297 ESPERANZA WAY 48 31345983767 HABITAT FOR HUMANITY OF CC INC 2301 ESPERANZA WAY 49 31345983783 HABITAT FOR HUMANITY OF CC INC 2305 ESPERANZA WAY 50 3.C.b Packet Pg. 155 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for 3.C.b Packet Pg. 156 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for 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 2008-AR-13552 - SDP 3.C.b Packet Pg. 157 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat forn Comparable Use Determination S32, T46, R29 See attached Property Owner List See attached Property Owner List Esperanza Place RPUD 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 31345980029 see attached 1/21/2022 3.C.b Packet Pg. 158 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat forEsperanza Place (Existing) n Sharon Umpenhour 239-947-1144 sumpenhour@gradyminor.com January 20, 2022 Page 1 of 1 Property Owner List.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Esperanza Place RPUD Property Owner List Parcel ID Owner Address Block Lot 31345980029 HABITAT FOR HUMANITY OF CC INC A 1 31345980100 HABITAT FOR HUMANITY OF CC INC 2357 ESPERANZA WAY L-2 1 31345983026 HABITAT FOR HUMANITY OF CC INC A-1 1 31345983042 HABITAT FOR HUMANITY OF CC INC 2227 ESPERANZA WAY L-1 1 31345983385 HABITAT FOR HUMANITY OF CC INC 2236 ESPERANZA WAY 30 31345983408 HABITAT FOR HUMANITY OF CC INC 2232 ESPERANZA WAY 31 31345983424 HABITAT FOR HUMANITY OF CC INC 2233 ESPERANZA WAY 32 31345983440 HABITAT FOR HUMANITY OF CC INC 2237 ESPERANZA WAY 33 31345983466 HABITAT FOR HUMANITY OF CC INC 2241 ESPERANZA WAY 34 31345983482 HABITAT FOR HUMANITY OF CC INC 2245 ESPERANZA WAY 35 31345983505 HABITAT FOR HUMANITY OF CC INC 2249 ESPERANZA WAY 36 31345983521 HABITAT FOR HUMANITY OF CC INC 2253 ESPERANZA WAY 37 31345983547 HABITAT FOR HUMANITY OF CC INC 2257 ESPERANZA WAY 38 31345983563 HABITAT FOR HUMANITY OF CC INC 2261 ESPERANZA WAY 39 31345983589 HABITAT FOR HUMANITY OF CC INC 2265 ESPERANZA WAY 40 31345983602 HABITAT FOR HUMANITY OF CC INC 2269 ESPERANZA WAY 41 31345983628 HABITAT FOR HUMANITY OF CC INC 2273 ESPERANZA WAY 42 31345983644 HABITAT FOR HUMANITY OF CC INC 2277 ESPERANZA WAY 43 31345983660 HABITAT FOR HUMANITY OF CC INC 2281 ESPERANZA WAY 44 31345983686 HABITAT FOR HUMANITY OF CC INC 2285 ESPERANZA WAY 45 31345983709 HABITAT FOR HUMANITY OF CC INC 2289 ESPERANZA WAY 46 31345983725 HABITAT FOR HUMANITY OF CC INC 2293 ESPERANZA WAY 47 31345983741 HABITAT FOR HUMANITY OF CC INC 2297 ESPERANZA WAY 48 31345983767 HABITAT FOR HUMANITY OF CC INC 2301 ESPERANZA WAY 49 31345983783 HABITAT FOR HUMANITY OF CC INC 2305 ESPERANZA WAY 50 3.C.b Packet Pg. 159 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for Imm oka lee DR Wells STDilsa LNRingo LN8th AVE N 19th STPalm DRWarden LNTaylor STBaker STEl Pa so TRL Tara STC AVETitus LNAmigo WAY Crews CTMarianna WAY20th CT NGarden Lake CIRAsh LN Walking Stick LNSummer Glen BLVDPhyll is L N 6th Avenue CIRN 19th STSource: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community SUBJECT PROPERTY Esperanza Place RPUD Aerial Location Map . 550 0 550275 Feet 3.C.b Packet Pg. 160 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for Esperanza Place RPUD Determination request and justification March 28, 2022 Page 1 of 2 Determination Request and Justification-r1.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com We request approval from the Hearing Examiner by decision, that the use of sheds as accessory to single family residential is comparable and compatible with the permitted accessory uses of Tract B in the Esperanza Place RPUD Zoning District. The Esperanza Place PUD is a partially developed RPUD. Tract B of the RPUD permits 62 single family dwellings as principal uses. Tract B also permits typical accessory uses; however, storage sheds were not included as accessory structures. Storage sheds are permitted in conventional residential zoning districts. The applicant is seeking the Hearing Examiner’s determination that a storage shed is a comparable use to other permitted accessory uses within Tract B of the Esperanza Place RPUD. LDC Section 10.02.06.K.2. K. Comparable Use Determination. 2. 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 the following standards, as applicable: 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 determination seeks the Hearing Examiner to acknowledge that a storage shed for a single-family residence is a comparable accessory use to the previously approved accessory uses for the PUD, which include carports, garages, swimming pools, etc. Tract B within the PUD only permits single family dwelling units and individual owners desire to utilize a storage shed for their person storage of household goods and lawn equipment. The PUD provides that the BZA (now Hearing Examiner) to authorize other acceptable undefined accessory uses. The sheds would be subject to the setbacks for accessory uses that are provided in the Esperanza Place PUD. 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. 3.C.b Packet Pg. 161 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for March 28, 2022 Page 2 of 2 Determination Request and Justification-r1.docx The placement of a storage shed on a single-family lot according to the setbacks in place for other accessory structures will not have any negative impact on neighboring properties with regard to noise, odor or glare. 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. The PUD has been determined to be consistent with the Growth Management Plan. The addition of an accessory use will have no impact on the consistency of the PUD with the Growth Management Plan. d. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. Yes, the proposed storage sheds are compatible with other permitted uses within Tract B of the PUD. Tract B permits only single-family dwellings, and it is common to have storage sheds as an accessory use for a residential dwelling. Storage sheds are permitted by right in all conventional single family zoning districts; therefore, they have been deemed compatible uses. e. Any additional relevant information as may be required by County Manager or Designee. The comparable use determination process has been required because of the language in the PUD that grants authority to the BZA (now Hearing Examiner) to authorize other comparable accessory uses in the Esperanza Place PUD. 3.C.b Packet Pg. 162 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for ORDINANCE NO. 18- 44 AN ORDINANCE AMENDING ORDINANCE NO. 2008-28, AS AMENDED, THE ESPERANZA PLACE RPUD, TO REDUCE THE MAXIMUM NUMBER OF RESIDENTIAL DWELLING UNITS, FROM 262 TO 159 UNITS, TO ALLOW A MAXIMUM OF 45 GROUP HOUSING UNITS, TO ADD SINGLE FAMILY DWELLING UNITS, CHILD DAY CARE SERVICES, AND GROUP HOUSING AS PERMITTED USES IN TRACT A, TO ADD NEW DEVELOPMENT STANDARDS FOR GROUP HOUSING, TO ADD A NEW DEVIATION RELATING TO FENCE AND WALL STANDARDS, TO AMEND A DEVELOPER COMMITMENT RELATING TO AFFORDABLE HOUSING, AND TO AMEND THE MASTER PLAN. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF IMMOKALEE DRIVE, APPROXIMATELY ONE QUARTER MILE EAST OF CARSON ROAD IN IMMOKALEE, IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 31.6± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20170001326]. WHEREAS, on June 10, 2008, the Board of County Commissioners approved Ordinance Number 08-28, the Esperanza Place RPUD ("PUD"); and WHEREAS, D. Wayne Arnold of Q. Grady Minor & Associates, representing Brookwood Residential, LLC,petitioned the Board of County Commissioners to amend the PUD NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to the PUD Document of Ordinance No. 2008-28, as amended The PUD Document attached to Ordinance No. 2008-28, as amended, is hereby amended to read as follows: See Exhibit"A," attached hereto and incorporated herein by reference. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. 17-CPS-01729/1429675/1] 1 of 2 8/22/18 3.C.b Packet Pg. 163 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this ,4J' .day of Stp-f-.,o,C , 2018. ATTEST: a BOARD OF C' • TY COMMI ONERS CRYSTAL IE..triln ,4 LERK COLLIER P 1 ' , FLO' i • /. By: OULU 4' i .( By: i Attest a° .' r ^S r`.Andy Solis, Chairman pp -. Vont'' d legality: lirk Li eo fa />j Scott A. Stone Assistant County Attorney Attachments: Exhibit A—PUD Document This ordinance filed with the rotry of tot 's Office the SdayofI and acknowledgeme o_tf Pili re eive• this '1U day of ` .914'I. By (_.. 0 6- IkS - -tt w vt -G_s1 ss 17-CPS-01729/1429675/1] 2 of 2 8/22/18 O 3.C.b Packet Pg. 164 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for Exhibit A Esperanza Place Residential Planned Unit Development Exhibit A The Esperanza Place RPUD is a total of 31.63 +/- acres that will be developed with up to 262-159 residential dwelling units and up to 45 group housing units. This amounts to a gross density of 8,2-g5.03+/-units per acre. The base density is 4 units per acre and the affordable housing density bonus is used to make up the difference. I. Tract A: Tract A of the Esperanza Place RPUD is approximately 15.83+ acres, which are to be developed with up to 4-76-96 dwelling units and related accessory uses. A. Permitted Uses No building or structure, or part thereof, shall be erected, altered or used, in whole or in part, for other than the following: 1. Principal Uses a. Multi-family dwelling units; a,b.Single family dwelling units; b c.Zero-lot line units, including townhomes; d. Community center; e7e.Child day care services f. Group Housing, including care units and transitional and emergency shelters not to exceed a maximum of 45 units (located only within areas designated R/GH on the PUD Master Plan). 4-g.Any other use that is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) according to the process described in the Land Development Code (LDC). 2. Accessory Uses a. Garages; b. Carports; c. Recreation facilities, including but not limited to, swimming pools, tennis courts, playground equipment or other amenity; d. Essential services, in accordance with Section 2.01.03 of the LDC; e. Any other use that is comparable in nature with the foregoing list of permitted uses, as determined by the BZA according to the process described in the LDC. B. Development Standards Table 1 and Table 1.1, contained in Exhibit B, set forth the development standards for land uses within Tract A of the Esperanza Place RPUD. Standards not specifically set forth Words underlined are additions;words:9true-lc-dough are deletions Esperanza Place RPUD Revised 08/16/2018 Page l of 11 0 3.C.b Packet Pg. 165 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for herein shall be those specified in applicable sections of the LDC in effect as of the date of the date of approval of the site development plan (SDP) or subdivision plat. II. Tract B: Tract B of the Esperanza Place RPUD is approximately 13.8+ acres, which are to be developed with up to 85 62 dwelling units and related accessory uses. A. Permitted Uses No building or structure, or part thereof, shall be erected, altered or used, in whole or in part, for other than the following: 1. Principal Uses a. Single-family, detached dwelling units; b. Single-family, attached dwelling units; c. Any other use that is comparable in nature with the foregoing list of permitted principal uses, as determined by the BZA according to the process described in the LDC. 2. Accessory Uses a. Garages; b. Carports; c. Essential services, in accordance with Section 2.01.03 of the LDC; d. Community clubhouse; e. Recreation facilities, including but not limited to, swimming pools, tennis courts, playground equipment or other amenity; f. Any other use that is comparable in nature with the foregoing list of permitted uses, as determined by the BZA according to the process described in the LDC. B. Development Standards Table 1 and Table 1.1, contained in Exhibit B, set forth the development standards for land uses within Tract B of the Esperanza Place RPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of the date of approval of the SDP or subdivision plat. III. Tract C Tract C of the Esperanza Place RPUD is approximately 2.0+ acres, which are to be developed with up to 1 single-family dwelling unit and related accessory uses. A. Permitted Uses No building or structure, or part thereof, shall be erected, altered or used, in whole or in part, for other than the following: Words underlined are additions;words are deletions Esperanza Place RPUD Revised 08/16/2018 Page 2of11 3.C.b Packet Pg. 166 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for 1. Principal Uses a. Single-family dwelling units 2. Accessory Uses a. Garages; b. Carports; c. Storage sheds; d. Recreation facilities, including but not limited to, swimming pools, tennis courts, playground equipment or other amenity; e. Essential services, in accordance with Section 2.01.03 of the LDC; f. Any other use that is comparable in nature with the foregoing list of permitted uses, as determined by the BZA according to the process described in the LDC. B. Development Standards Table 1 and Table 1.1, contained in Exhibit B, set forth the development standards for land uses within Tract C of the Esperanza Place RPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of the date of approval of the SDP or subdivision plat. Words underlined are additions;words s through are deletions Esperanza Place RPUD Revised 08/16/2018 Page 3 of 11 3.C.b Packet Pg. 167 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for Exhibit B Development of the Esperanza Place RPUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC and Growth Management Plan(GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. Table 1 —Principal Structures Tracts A, B & C Development Standards SINGLE- ZERO-LOT GROUP CHILD DAY SINGLE- FAMILY LINE HOUSING CARE/ DEVELOPMENT COMMUNITY FAMILY, ATTACHED MULTI- TOWNHOMES STANDARDS DETACHEDAND FAMILY ( TRACT A CENTER/ DUPLEX ONLY) RECREATION BUILDINGS PRINCIPAL STRUCTURES viti Minimum Lot 5,000 s.f. per 3,500 s.f. per n/a 1,200 s.f. per One Acre n/a Area unit unit unit Minimum Lot 50 feet 35 feet n/a 15 feet n/a n/a Width Minimum Floor 1,000 s.f. 750 s.f. 750 s.f. 750 s.f.n/a n/a Area Minimum Setbacks: Front(see Note 2) 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet Side 7.5 feet 0 feet and 6 10 feet 0 feet or 6 feet 5 feet 10 feet feet Rear 15 feet 15 feet 15 feet 15 feet 10 feet 15 feet Minimum Greater Distance Between 15 feet 12 feet than 20 12 feet 0 feet 10 feet Structures feet Maximum 35 feet 35 feet 45 feet 45 feet 35 feet 45 feet Zoned" Height Maximum 40 feet 40 feet 50 feet 50 feet 40 feet 50 feet Actual" Height 1) Principal structures located on corner lots may reduce one of the two front setbacks by 50 percent. The remaining setback must meet the full front setback standard. 2) Driveways shall be a minimum of 23 feet in length from the sidewalk to the garage door or façade of the structure to allow vehicles room to park without obstructing the sidewalk. Words underlined are additions;words struck-through are deletions Esperanza Place RPUD Revised 08/16/2018 Page 4 of 11 it 3.C.b Packet Pg. 168 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for Table 1.1 —Accessory Structures Tracts A, B & C Development Standards SINGLE- ZERO-LOT SINGLE- FAMILY LINE HCS DEVELOPMENT FAMILY, ATTACHED MULTI- TOWNHOMES COMMUNITY STANDARDS FAMILY CENTER/ DETACHED AND TRACT A RECREATION DUPLEX ONLY) BUILDINGS ACCESSORY STRUCTURES I Minimum Setbacks: Front(see Note 1) 20 feet 20 feet 20 feet 20 feet 15 feet 10 feet Side 5 feet 5 feet 5 feet 5 feet 5 feet 5 feet Rear 5 feet 5 feet 5 feet 5 feet 5 feet 5 feet Maximum 35 feet 35 feet 35 feet 35 feet 35 feet 35 feet Zoned" Height Maximum 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet Actual" Height 1) Driveways shall be a minimum of 23 feet in length from the sidewalk to the garage door or facade of the structure to allow vehicles room to park without obstructing the sidewalk. Words underlined are additions;words struck--through are deletions Esperanza Place RPUD Revised 08/16/2018 Page 5 of 11el 3.C.b Packet Pg. 169 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for 3o a H a om N o o 0 I -i JJ 73 JJI5ITIccn0C -I-I-I m -a m - 0 000M Z o m 0 ccm P° ? 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ID . 1 4Fi z m m -0 N D Omeg jPi$ r 2..— ---41111M — MA.LOCAL\FILES\\LANNING\PROJ-PLANNING\EPPUDA- ESPERANZA PLACE PUD(PL20170001326)\DRAWINGS\FNPSP MCP 3-2D17-REV3.DWG 5/23/201D 2:25 PM 3.C.bPacket Pg. 170Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Exhibit D Legal Description PARCEL 1 OR 4242 PG 2471 A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 264.70 FEET OF THE EAST 1058.10 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA,LESS THE SOUTH 30.00 FEET THEREOF FOR ROAD RIGHT-OF-WAY. CONTAINING 7.90 ACRES, PLUS OR MINUS. TOGETHER WITH PARCEL 2 OR 4242 PG 2470 A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 46 SOUTH,RANGE 29 EAST, COLLIER COUNTY, FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 32,TOWNSHIP 46 SOUTH, RANGE 29 EAST,ALL LYING AND BEING IN COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE EAST 1,058.80 FEET THEROFTHEREOF AND THE SOUTH 30.00 FEET FOR ROAD RIGHT OF WAY, CONTAINING 7.92 ACRES,MORE OR LESS. TOGETHER WITH PARCEL 3 OR 1596 PG 43 A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY,FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 264.70 FEET OF THE EAST 794.10 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, OF SECTION 32,TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY,FLORIDA, LESS THE SOUTH 30.00 FEET THEREOF FOR ROAD RIGHT-OF-WAY. CONTAINING 7.90 ACRES, PLUS OR MINUS. TOGETHER WITH PARCEL 4 OR 1007 PG 1558 THE WEST 264.70'OF THE EAST 529.40'OF THE SE 1/4 OF THE SW 1/4 OF SECTION 32, TOWNSHIP 46 SOUTH,RANGE 29 EAST ALL LYING AND BEING IN COLLIER COUNTY, FLORIDA, LESS THE SOUTH 30.00'FOR ROAD R/W,CONTAINING 7.90 ACRES, MORE OR LESS. BEING MORE PARTICULARLY DESCRIBED AS: A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 46 SOUTH,RANGE 29 EAST, COLLIER COUNTY, FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Words underlined are additions;words struck-through are deletions Esperanza Place RPUD Revised 08/16/2018 Page 7 of 11 3.C.b Packet Pg. 171 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for COMMENCE AT THE SOUTHWEST CORNER OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST THENCE RUN NORTH 89°15'36" EAST ALONG THE SOUTH LINE OF SAID SECTION 32,ALSO BEING THE CENTERLINE OF IMMOKALEE ROAD (60'RIGHT-OF-WAY),FOR A DISTANCE OF 1323.92 FEET; THENCE RUN NORTH 00°44'24" WEST FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, THE SAME BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE DRIVE; THENCE RUN NORTH 00°51'21" WEST ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 32,FOR A DISTANCE OF 1,299.83 FEET; THENCE RUN NORTH 89°16'27" EAST, FOR A DISTANCE OF 1,060.74 FEET; THENCE RUN SOUTH 00°47'35" EAST,FOR A DISTANCE OF 1299.57 FEET TO A POINT ON THE SAID NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE DRIVE; THENCE RUN SOUTH 89°15'35" WEST ALONG SAID RIGHT-OF-WAY LINE, FOR A DISTANCE OF 1059.31 FEET TO THE POINT OF BEGINNING,CONTAINING 31.63 ACRES, MORE OR LESS. Words underlined are additions;words struck ough are deletions Esperanza Place RPUD Revised 08/16/2018 Page 8 of 11 3.C.b Packet Pg. 172 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for Exhibit E Deviations from the Land Development Code 1. A deviation from Section 5.05.08 of the LDC which requires non-residential components of any PUD to meet architectural design standards to allow the non-residential component of Tract A to be exempt from these standards. 2. A deviation from Section 3.05.07 of the LDC which requires on-site preservation of 25 percent of the native vegetation on the site to allow off-site preservation or payment toward the Conservation Collier Trust Fund, in accordance with Commitment III.B, described in Exhibit F of this RPUD. 273. A deviation from Section 5.03.02.C.1.a, Fences and Walls, which requires residential zoning districts and designated residential components of PUDs shall be subject to a maximum fence or wall height of 6 feet for lots greater than 1 acre, to allow a perimeter wall height to be a maximum of 8 feet for the group housing use on Tract A. Words underlined are additions;words struckrough are deletions Esperanza Place RPUD Revised 08/16/2018 Page 9 of 11 3.C.b Packet Pg. 173 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for Exhibit F List of Developer Commitments I. Affordable Housing: A. As documented in the Affordable Housing Density Bonus Agreement, the developers have agreed to construct 69-10 owner occupied dwelling units for residents in or below the workforce income category(61 80 percent of County median income) and 176 rental units for residents in or below the very low income category(51 60 50 percent or less of County median income)and 36 rental units for residents in the low income category(51 —60 percent of County median income). II. Transportation: A. If any entrance is to be gated, the face of said gate shall be located to maintain no less than a 100-foot throat length to the northerly edge of the pavement at its intersection with Immokalee Drive. B. The developers shall pay a proportionate fair share contribution toward the cost of construction of improvements to the intersection of S.R. 29 and Lake Trafford Road. This contribution shall be made prior to the approval of the first site development plan(SDP)or plans and plat (PPL), whichever occurs first. C. Because the developers anticipate using public funding to construct internal roads, they shall have the option of turning roads built in accordance with County construction standards for local roads over to the County for maintenance. D. The project shall be limited to a maximum of 168 unadjusted PM peak hour two-way trips, based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. III. Environmental: A. A Florida Black Bear Management Plan shall be provided to the County Manager,or designee, during SDP or plat review process. B. At the time of original PUD approval, 4the site currently contains contained 1.265± acres of native vegetation(0.52+/-acres of upland and 0.73±acres of wetland native vegetation onsite); a minimum of 25 percent, 0.321 acres, must be preserved. For the 0.13 acre portion of the upland vegetation, the applicant will donate an equivalent off-site preserve to be accepted by a public agency or contribute a monetary payment to Conservation Collier equivalent to the average per-acre value found in an appraisal of the entire site, multiplied by the number of acres to be preserved off-site,plus 15 percent of that amount as an endowment for management Words underlined are additions;words struck through are deletions Esperanza Place RPUD Revised 08/16/2018 Page 10 of 11 3.C.b Packet Pg. 174 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for of off-site land. The appraisal shall be based on the fair market value of the land as if the desired zoning were in place. Twenty-five percent of the 0.73 acre (0.18 acres)wetland native vegetation will be preserved and appropriately managed off-site at an approved mitigation bank. All preservation must be accomplished prior to SDP/PPL approval. This off-site preservation may be utilized as part of the required off-site mitigation requirement of the Environment Resource Permit. C. The subject property was used for agricultural purposes and incurred clearing for which no permit can be located. In order for the clearing activities to be considered legal and re- creation of the removed vegetation not be required, an after-the-fact permit will be issued for the clearing of approximately 23.6 acres prior to approval for the SDP or PPL for relevant acreage.No after-the-fact clearing fee will be assessed against the developers. The regular clearing fee shall apply. IV. PUD Monitoring: A. One entity(hereinafter the Managing Entity)shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Brookwood Residential, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity,but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. V. Miscellaneous A. Issuance of a development pen-nit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. (Section 125.022, FS) B. All other applicable state or federal permits must be obtained before commencement of the development. Words underlined are additions;words struck through are deletions Esperanza Place RPUD Revised 08/16/2018 Page 11 of 11 3.C.b Packet Pg. 175 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, September 26, 2018 10:39 AM To: countyordinances@dos.myflorida.com' Subject: CLL20180926_Ordinance2018_44 Attachments: CLL20180926_Ordinance2018_44.pdf COUNTY: CLL (COLLIER) ORDINANCE NUMBER: 2018-44 SENT 13Y: Collier Couvtty Clerk of the Circuit Court Board Mivtutes & Records Department SENDER'S PHONE: 23 9-252-8406 Thank you. Am/. Jevtvtejohvt, Deputy Clerk Board Mivtutes & Records Departvvtevtt Collier Couvtty Value Adjustmevtt 13oard 23 9-252-8406 1 3.C.b Packet Pg. 176 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for till St- k* tit kPx C FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State September 26, 2018 Ms. Crystal K. Kinzel, Interim Clerk Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ann Jennejohn Dear Ms. Kinzel: Pursuant to the provisions of Section 125.66,Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 18-44,which was filed in this office on September 26, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us 3.C.b Packet Pg. 177 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for 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 N.A. Habitat for Humanity of Collier County, Inc. (a not for profit corporation)100 11145 Tamiami Tr. E., Naple, FL 34113 N.A. 3.C.b Packet Pg. 178 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for 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: N.A. N.A. N.A. 11/1990 3.C.b Packet Pg. 179 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for 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) D. Wayne Arnold Digitally signed by D. Wayne Arnold Date: 2022.02.03 15:33:29 -05'00' D. Wayne Arnold, AICP February 3, 2022 3.C.b Packet Pg. 180 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for 3.C.b Packet Pg. 181 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for Humanity) 3.C.b Packet Pg. 182 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for Humanity) 3.C.b Packet Pg. 183 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for Humanity) 3.C.b Packet Pg. 184 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for Humanity) 3.C.b Packet Pg. 185 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for Humanity) 3.C.b Packet Pg. 186 Attachment: Attachment A - Application and Supporting Documents (22457 : PL20220000887 PCUD Esperanza Place RPUD Habitat for Humanity)