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HEX Agenda 08/11/2022Collier County Hearing Examiner Page 1 Printed 8/3/2022 COLLIER COUNTY Collier County Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 August 11, 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. August 2022 Collier County Hearing Examiner Page 2 Printed 8/3/2022 1. Pledge of Allegiance 2. Review of Agenda 3. Advertised Public Hearing A. Petition No. BDE PL20210000087 – 336 Oak Avenue – Request for a 23-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 43 feet to accommodate a boat dock facility with two vessels for the benefit of property described as Lot 11, Block 1 Conner’s Vanderbilt Beach Estates, Unit 2, also described as 336 Oak Avenue, in Section 32, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Timothy Finn, Principal Planner] Commissioner District 2 B. Petition No. CUD PL20220001253 -St. John the Evangelist - A request for a comparable use determination that a rectory is comparable, compatible, and consistent with the list of permitted uses in Section 5.3 of the St. John the Evangelist Catholic Church Planned Unit Development (PUD), Ord. No. 04-18, as amended. The PUD is located at 625 111th Ave. N. in Section 21, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Eric Ortman, Principal Planner] Commissioner District 2 C. Petition No. PCUD PL20220001501 - Wentworth Estates MPUD Indoor Self Storage - Request for a decision of the Hearing Examiner that the proposed use of self-storage/ mini warehousing, indoor (SIC Code 4225) is comparable in nature to other permitted uses in Section 4.3.A of the Wentworth Estates Mixed Use Planned Unit Development (MPUD) adopted by Ordinance Number 03-51, as amended. The subject parcel is approximately +/- 9.07 acres, located on the south side Tamiami Trail East (US 41) approximately 1.25 miles south of the Rattlesnake Hammock and Tamiami Trail E intersection in Section 30, Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: Ray Bellows, Zoning Manager] Commission District 1 D. Petition No. BDE PL20220001854 - 1668 Vinland Way Wortzman - Request for a 23-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, to allow a boat docking facility protruding a total of 43 feet into a waterway that is 126.8± feet wide for the benefit of property located at 1668 Vinland Way, further described as Lot 16, Landing at Bear’s Paw, in Section 35, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 4 E. Petition No. VA RPL20210003159 - 1385 Wood Duck Trail Wicklund - equest for an after- the-fact variance from Section 3.5.I, Table I, Side Yard for Single-Family Detached dwellings, from 7.5 feet to 2 feet, as provided for in Ordinance 02-71, as amended, the Pelican Marsh Planned Unit Development (PUD), and to reduce the maximum allowable setback for roof overhangs, pursuant to Section 04.02.01.D.8 of the Collier County Land Development Code (LDC), from not closer than 1-foot from the property line to 8-inches from the property line. This request is to allow the continued existence of a pergola constructed 2 feet from the western property line with an overhang of 8-inches from the western property line of 1385 Wood Duck Trail, also known as Site 36, Pelican Marsh Unit Two, in Section 27, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 2 August 2022 Collier County Hearing Examiner Page 3 Printed 8/3/2022 4. Other Business 5. Public Comments 6. Adjourn 08/11/2022 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.A Item Summary: Petition No. BDE PL20210000087 – 336 Oak Avenue – Request for a 23-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 43 feet to accommodate a boat dock facility with two vessels for the benefit of property described as Lot 11, Block 1 Conner’s Vanderbilt Beach Estates, Unit 2, also described as 336 Oak Avenue, in Section 32, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Timothy Finn, Principal Planner] Commissioner District 2 Meeting Date: 08/11/2022 Prepared by: Title: – Zoning Name: Tim Finn 07/11/2022 3:01 PM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 07/11/2022 3:01 PM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 07/11/2022 3:31 PM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 07/22/2022 12:35 AM Zoning Ray Bellows Review Item Completed 07/22/2022 9:57 AM Zoning Mike Bosi Review Item Completed 07/27/2022 8:05 AM Hearing Examiner Andrew Dickman Meeting Pending 08/11/2022 9:00 AM 3.A Packet Pg. 4 BDE-PL20210000087, 336 Oak Avenue Page 1 of 7 July 11, 2022 MEMORANDUM TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: AUGUST 11, 2022 SUBJECT: BDE-PL20210000087, 336 OAK AVENUE TY OWNER/AGENT: PROPERTY OWNER/APPLICANT: AGENT: Matthew Pikus Jeff Rogers 336 Oak Avenue Turrell, Hall & Associates, Inc. Naples, FL 34108 3584 Exchange Avenue Naples, FL 34104 REQUESTED ACTION: The applicant is requesting a 23-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code (LDC) to allow a total protrusion of 43 feet in order to accommodate a boat dock facility with two vessels on a parcel zoned Single Family Residential (RSF-3). GEOGRAPHIC LOCATION: The subject site is located at 336 Oak Avenue. The site is further described as Lot 11, Block 1 Conner’s Vanderbilt Beach Estates. Unit 2, also described as 336 Oak Avenue, in Section 32, Township 48 South, Range 25 East, Collier County (see location map on the following page). PURPOSE/DESCRIPTION OF PROJECT: The purpose of the request is to allow an extension for a boat dock facility that protrudes 43 feet into the waterway in order to accommodate a 38-foot-long vessel. As to the current configuration, the existing dock and decked over boatlift was approved via Permit# PRBD2019114618001. (See Attachment B) The property to the west, 300 Oak Avenue, Lot 13 was approved on October 23, 2020, for a total 44-foot protrusion into the waterway which was memorialized via HEX No. 2020- 17. The property to the east, 372 Oak Ave, Lot 9 was approved on November 2, 2000, for a total 54- foot protrusion into the waterway which was memorialized via CCPC Resolution No 2000-29. The 3.A.a Packet Pg. 5 Attachment: Staff report - Pikus BDE (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) BDE-PL20210000087, 336 Oak Avenue Page 2 of 7 July 11, 2022 property to the east, 354 Oak Ave, Lot 10 was approved on August 2, 1990, for a total 21-foot protrusion into the waterway was memorialized via Resolution 90-7. 3.A.aPacket Pg. 6Attachment: Staff report - Pikus BDE (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) BDE-PL20210000087, 336 Oak Avenue Page 3 of 7 July 11, 2022 SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the subject site. North: Oak Avenue (local road) then single-family residence, zoned Single-Family Residential (RSF-3) South: Vanderbilt Lagoon, zoned Single Family Residential (RSF-3) East: Single-family residence, zoned Single Family Residential (RSF-3) West: Single-family residence, zoned Single Family Residential (RSF-3) Aerial (County GIS) 3.A.a Packet Pg. 7 Attachment: Staff report - Pikus BDE (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) BDE-PL20210000087, 336 Oak Avenue Page 4 of 7 July 11, 2022 ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request. The property is located just outside an ST overlay zone (Vanderbilt Channel), which will not require an ST-permit for the proposed docking facilities prior to issuance of the building permits. The proposed docking facilities will be constructed waterward of the existing sea-walled shoreline. The shoreline does not contain native vegetation. A submerged resources survey provided by the applicant found no submerged resources in the area 200 feet beyond the proposed docking facility. Submittal 3- Site Plan page 6 of 7 provides an aerial with a note stating that no seagrasses were observed within 200 feet. This project does not require an Environmental Advisory Council Board (EAC) review, because this project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. 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. Currently, the property has an existing dock and decked over boatlift that was approved via Permit# PRBD2019114618001. The proposed facilities will consist of a boat dock facility with two vessels, which is appropriate in relation to the 75 feet of shoreline. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type and draft as that described in the petitioner’s application is unable to launch or moor at mean low tide (MLT). (The petitioner’s application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) Criterion not met. The water depth is not an issue. The applicant states that “The reason for this BDE request is due to the applicant’s new vessel and the overall size and not water depths.” 3.A.a Packet Pg. 8 Attachment: Staff report - Pikus BDE (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) BDE-PL20210000087, 336 Oak Avenue Page 5 of 7 July 11, 2022 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 applicant stated, “The proposed docking facility is consistent with the other docks along the subject shoreline. As proposed the dock and boatlifts will not impact navigation as there is no marked channel within this area of Vanderbilt Lagoon and the overall width of waterway is 692-feet across from the proposed docking facility. As proposed the dock will not impact navigation within the subject waterway.” Staff concurs 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion met. The drawing in the applicant’s support material labeled Width of Waterway shows the waterway is 692 feet wide at mean high water line (MHWL). The proposed dock protrusion is 43-feet which is 7% width of the waterway. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Criterion met. The drawing in the applicant’s support material labeled Proposed Dock shows the proposed dock would be 15 feet from the east riparian line and 15 feet from the west riparian line. The survey indicates the proposed dock facility will not interfere with the use of neighboring docks. Secondary Criteria: 1. Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Criterion met. A submerged resources survey was performed by Turell Hall and Associates on September 9, 2021. The survey indicates that negative impacts to the submerged resources are not expected with the proposed dock facility. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area). Criterion met. As shown on the drawings by the petitioner, the deck area is not excessive. 3.A.a Packet Pg. 9 Attachment: Staff report - Pikus BDE (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) BDE-PL20210000087, 336 Oak Avenue Page 6 of 7 July 11, 2022 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 contains 75 feet of water and canal frontage, and the vessel is 38 feet or 51% of the water/canal frontage. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. The applicant’s agent states: There is an existing dock and decked over boatlift already onsite which the proposed dock expansion will change the overall footprint but is consistent with others within the Vanderbilt Lagoon waterway. Therefore, no impacts to neighboring property views of the waterway will result from the proposed project as there is an existing dock onsite. Additionally, docks are accessory structures to the upland residence which is why people who are able to live on the water have a dock to provide access to the waterway. Staff concurs 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06.J of the LDC must be demonstrated.) Criterion met. The submerged resources survey provided indicates that no seagrass beds exists within the footprint of the 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 individual docks behind individual residences. Staff analysis finds this request complies with four of the five of the primary criteria and four of the six secondary criteria. Therefore, under the LDC provisions, the installation of a new boat dock facility requires approval by the Collier County Hearing Examiner. The recommendation by staff is approval. APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS: As to any boat dock extension petition upon which the Hearing Examiner takes action, an aggrieved petitioner, may appeal such final action to the Board of County Commissioners. Such appeal shall be filed with the Growth Management Department Administrator within 30 days of the Decision by the Hearing Examiner. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30- day period. Any construction work completed ahead of the approval authorization shall be at their own risk. 3.A.a Packet Pg. 10 Attachment: Staff report - Pikus BDE (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) BDE-PL20210000087, 336 Oak Avenue Page 7 of 7 July 11, 2022 COUNTY ATTORNEY OFFICE REVIEW: The County Attorney’s Office reviewed this staff report on July 8, 2022. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner approve Petition BDE- PL20210000087. Attachments: A) Proposed Dock Plans B) Permit# PRBD2019114618001 C) HEX Backup Materials 3.A.a Packet Pg. 11 Attachment: Staff report - Pikus BDE (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 26.257108<> LONGITUDE:W -81.819741SITE ADDRESS:<> 336 OAK AVE NAPLES, FL 34108Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\21002.00 pikus-336 oak avenue\CAD\PERMIT-COUNTY\21002-BDE.dwg LOCATION MAP 6/9/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-03-2221002.00RMJ3225PIKUS DOCKLOCATION MAP48RMJRMJRMJ-03-07-2204-14-2205-31-2206-09-22-JRJRJRJR-SHTS 02-05, 07SHTS 02,03,05SHEETS 03, 05-07SHEETS 02-03-01 OF 07NESWCOLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896KEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTY3.A.bPacket Pg. 12Attachment: Attachment A - Proposed Dock Plans (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) p:\21002.00 pikus-336 oak avenue\CAD\PERMIT-COUNTY\21002-BDE.dwg 6/9/2022Turrell, 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:\21002.00 pikus-336 oak avenue\CAD\PERMIT-COUNTY\21002-BDE.dwg EXISTING CONDITIONS 6/9/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-03-2221002.00RMJ3225PIKUS DOCKEXISTING CONDITIONS48RMJRMJ--03-07-2204-14-2206-09-22--JRJRJR--ADDED LABELSREMOVED STEMWALLADDED LABEL--02 OF 07NESW0153060SCALE IN FEETRIPARIAN LINERIPARIANSETBACKLINERIPARIANSETBACK LINERIPARIANLINEEXISTINGSEAWALLPROPERTYBOUNDARYSITE ADDRESS:,336 OAK AVENAPLESFL3410815'EXISTINGDOCK12'X16'·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"ABB, INC."07-24-2020-1.31'+0.30'75'367692'15'75'125'125'75'20'EXISTING DECKEDOVER BOATLIFT 11'X16'STRUCTURE HASBEEN REMOVED3.A.bPacket Pg. 13Attachment: Attachment A - Proposed Dock Plans (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) p:\21002.00 pikus-336 oak avenue\CAD\PERMIT-COUNTY\21002-BDE.dwg 6/9/2022Turrell, 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:\21002.00 pikus-336 oak avenue\CAD\PERMIT-COUNTY\21002-BDE.dwg PROPOSED DOCK 6/9/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-03-2221002.00RMJ3225PIKUS DOCKPROPOSED DOCK48RMJRMJRMJ-03-07-2204-14-2205-31-2206-09-22-JRJRJRJR-ADDED LABELS, REV PROTRUSIONREMOVED STEMWALLREVISED DOCKADDED LABEL-03 OF 07NESW051020SCALE IN FEETRIPARIAN LINERIPARIANSETBACKLINERIPARIANSETBACK LINERIPARIANLINE14'X14'LIFTNEWFIXEDDOCKEXISTINGSEAWALLPROPERTYBOUNDARY75'·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM PROPERTY LINE:AA04(2) 10"GUIDE PILES38'LOA2'SITE ADDRESS:,336 OAK AVENAPLESFL3410815'15'21'4.8'4.8'38'38'NEWFIXEDDOCK15'14'14'43' PROTRUSION"ABB, INC"07-29-20-1.31'+0.30'75'367692'24160843'EXISTING DECKEDOVER BOATLIFT11'X16'EXISTING DOCK12'X16'5'STRUCTURE HASBEEN REMOVED3.A.bPacket Pg. 14Attachment: Attachment A - Proposed Dock Plans (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\21002.00 pikus-336 oak avenue\CAD\PERMIT-COUNTY\21002-BDE.dwg CROSS SECTION 6/9/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-03-2221002.00RMJ3225PIKUS DOCKCROSS SECTION48----03-07-22----JR----REV. PROTRUSION DIMENSION, ADDED BOAT HULL----04 OF 07NEW DOCKN.T.E. 10'CAPTIMBERALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATE.DOCK SECTION AASCALE: 1" = 5'MHW = +0.30' NAVD 88MLW = -1.31' NAVD 88EXISTINGCONCRETESEAWALL CAP43' PROTRUSION FROMPROPERTY LINE14' BOATLIFT38' DOCKSTRINGER3.A.bPacket Pg. 15Attachment: Attachment A - Proposed Dock Plans (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) NESW050100200SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\21002.00 pikus-336 oak avenue\CAD\PERMIT-COUNTY\21002-BDE.dwg ADJACENT DOCKS 6/9/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-03-2221002.00RMJ3225PIKUS DOCKADJACENT DOCKS48RMJRMJ--03-07-2204-14-2205-31-22--JRJRJR--REV. PROTRUSION DIMENSIONADDED APPROVED ADJ. DOCKREVISED DOCK--05 OF 07PROPERTYBOUNDARYNOTE: THE DIMENSIONS SHOWNARE APPROXIMATE AND ARETAKEN FROM THE AERIAL IMAGE.OAK AVE22'20'37'22'43'38' 32' 32' 34' 10' 20'PREVIOUSLYAPPROVEDADJACENTDOCK3.A.bPacket Pg. 16Attachment: Attachment A - Proposed Dock Plans (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) NESW0204080SCALE IN FEETSITE ADDRESS:,336 OAK AVENAPLESFL34108Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\21002.00 pikus-336 oak avenue\CAD\PERMIT-COUNTY\21002-BDE.dwg SUBMERGED RESOURCE SURVEY 6/9/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-03-2221002.00RMJ3225PIKUS DOCKSUBMERGED RESOURCE SURVEY48----05-31-22----JR----REVISED DOCK----06 OF 07PROPERTYBOUNDARYNO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200FT OF THEPROPOSED PROJECTTYPICAL DIVE TRANSECT200'200'TRANSECT LINE(10' APART)10'3.A.bPacket Pg. 17Attachment: Attachment A - Proposed Dock Plans (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) NESW0100200400SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\21002.00 pikus-336 oak avenue\CAD\PERMIT-COUNTY\21002-BDE.dwg WIDTH OF WATERWAY 6/9/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-03-2221002.00RMJ3225PIKUS DOCKWIDTH OF WATERWAY48RMJ---03-07-2205-31-22---JRJR---REVISED DIMENSIONS TEXTREVISED DOCK---07 OF 07PROPERTYBOUNDARYNOTE: THE DIMENSIONS SHOWNARE APPROXIMATE AND ARETAKEN FROM THE AERIAL IMAGE.OAK AVE754' MHW TO MHW 692' MHW TO DOCK3.A.bPacket Pg. 18Attachment: Attachment A - Proposed Dock Plans (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3.A.c Packet Pg. 19 Attachment: Attachment B - Permit# PRBD2019114618001 (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3.A.c Packet Pg. 20 Attachment: Attachment B - Permit# PRBD2019114618001 (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3.A.cPacket Pg. 21Attachment: Attachment B - Permit# PRBD2019114618001 (22680 : PL20210000087 Pikus - 336 Oak 3.A.c Packet Pg. 22 Attachment: Attachment B - Permit# PRBD2019114618001 (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3.A.cPacket Pg. 23Attachment: Attachment B - Permit# PRBD2019114618001 (22680 : PL20210000087 Pikus - 336 Oak 3.A.cPacket Pg. 24Attachment: Attachment B - Permit# PRBD2019114618001 (22680 : PL20210000087 Pikus - 336 Oak 3.A.cPacket Pg. 25Attachment: Attachment B - Permit# PRBD2019114618001 (22680 : PL20210000087 Pikus - 336 Oak 3.A.d Packet Pg. 26 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3.A.d Packet Pg. 27 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3.A.d Packet Pg. 28 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3.A.d Packet Pg. 29 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3.A.d Packet Pg. 30 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3.A.d Packet Pg. 31 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3.A.d Packet Pg. 32 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3.A.d Packet Pg. 33 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 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 3.A.d Packet Pg. 34 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 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 27581160002 01/12/2021 3.A.d Packet Pg. 35 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) Narrative Description: The proposed Boat Dock Extension request is for a single-family dock located within the Vanderbilt Lagoon waterway. This section of Vanderbilt Lagoon is within state owned (sovereign) bottom lands up to the subject property and adjacent properties seawall. A state (DEP) and federal (USACE) permit has been acquired for the proposed project. The proposed project consists of expanding an existing single-family docking facility that currently has one decked over boatlift which accommodates two personal watercrafts all within the allowed 20-feet. The proposed expansion consists of installing a new boatlift for a 38-foot vessel, expand the existing deck area which will increase the overall dock protrusion from 20- feet to 43-feet into the subject waterway that is 692-feet wide. The project has been designed to be consistent regarding the overall protrusion with the other previously approved docks along Oak Ave that have also required a BDE and previously approved. As proposed the dock will protrude approximately 43-feet from the platted property line therefore the applicant is requesting a 23-foot extension from the allowed 20-feet. The subject waterway is approximately 692-feet wide and as proposed the dock will protrude less than approximately 7% into the subject waterway. The required side yard setbacks as outlined within the LDC documents are 15-feet and as proposed the dock will provide the required setbacks. 3.A.d Packet Pg. 36 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) The subject property is zoned as a single-family residential property which warrants no more than 2 slips per the CC-LDC. The proposed project consists of expanding an existing dock with an existing decked over boatlift which accommodates two personal watercrafts. The proposed expansion consists of adding additional deck area and installing one new boatlift to accommodate one vessel up to 38-feet. The proposed dock extends out 43-feet from the plotted property line therefore we are requesting a 23-foot boat dock extension from the allowed 20-feet. Criterion met 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner’s application is unable to launch or moor at mean low tide (MLT). (The petitioner’s application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) The reason for this BDE request is due to the applicant’s new vessel and the overall size along and not water depths. The applicant owned shoreline length is 75-feet and with 30-feet being within setbacks the only dock design option in order to accommodate the applicant’s vessels is to push the dock out into the waterway past the allowed 20-feet. The proposed dock design and proposed protrusions are consistent with all the other docks previously approved along this shoreline and within the Vanderbilt Lagoon waterway. Additionally, the dock design will not interfere with any future docks either adjacent property owner could construct in the future. Criterion met 3.A.d Packet Pg. 37 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) The proposed docking facility is consistent with the other docks along the subject shoreline. As proposed the dock and boatlift will not impact navigation as there is no marked channel within this area of Vanderbilt Lagoon and the overall width of waterway is 692-feet across from the proposed docking facility. As proposed the dock will not impact navigation within subject waterway. Criterion met 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) The approximate waterway width is 692-feet wide. The proposed dock protrusion is 43-feet which is under 7% width of the waterway. Criterion met 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) The proposed docking facility originates from the applicant’s upland single-family residential lot with an existing single-family residence. There is an existing dock and decked over boatlift on site as proposed the dock expansion with the new boatlift are within the applicant’s riparian area and meets the required side yard setbacks therefore will not result in any impacts to the neighboring views. Additionally, the dock design will not interfere with any future docks either adjacent property owner could construct in the future as the ingress/egress to the proposed boatlift will not cross over either riparian line. Criterion met 3.A.d Packet Pg. 38 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) The subject property has a few special conditions that have limited the overall proposed dock layout which has increased the proposed dock protrusion out into the subject waterway. One of these factors is the subject property’s shoreline length not providing sufficient backing distances for a shore parallel mooring. The typically industry standard design criteria for backing distance are length and half of the vessel/slip size therefore we would need to provide 57-feet. That design requirement and planning for what the neighbors might do or be allowed to do in the future could reduce the accessibility to a shore parallel slip. Additionally, to provide safe mooring for the proposed vessel and not impact the seawall a small 2-foot section of dock and two fend off piles are being proposed at the bow of the vessel for a buffer between the boat and seawall. With all these design criteria taken into consideration and the applicant’s vessel size being 38-foot overall the minimum protrusion without some extra buffer room would be approximately 38-feet but as a cautionary design option we always add a little extra buffer for operator error. Another special condition is that the subject shoreline and surrounding waterway is classified by the State of Florida - Department of Environmental Protection (DEP) as state lands. Due to this classification the state has more restrictive dock design criteria one of which is the required 25-foot side yard setback. The subject property only has 75-feet of shoreline and with the applicant’s vessels and the width of the subject waterway the only practical design option was to propose the dock and slip to be perpendicular to the shoreline as paralleling mooring would not provide enough area to construct a dock that would accommodate the vessel and associated boatlift. Based off this the only valid design option was to go perpendicular as the subject waterway provides enough width to be within the allowed 25% of the subject waterway, not create navigational issues for other boaters and be consistent with other existing docking facilities within Vanderbilt Lagoon. As such the proposed dock design still does not meet the state’s required 25-foot setbacks but setback waivers were signed by each adjacent neighbor allowing DEP to issue their permit as the waivers confirmed the two directly affected parties did not object. Criterion Met 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.A.d Packet Pg. 39 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) The proposed docking facility varies in width with the (2) main access walkways being 12-foot and 4.8-feet wide. The 12-foot section is an expansion off of the existing dock which provides access to the existing PWC lift as well as the proposed boatlift. Proposing to just expand the existing dock by 21-feet is the easiest option for construction and most cost effective as the existing dock and associated pilings will remain in place and new ones will be added for the expansion. As designed this dock is still consistent with the other existing docking facilities within the Vanderbilt Lagoon waterway and will also provide sufficient decking area for recreational activities as well as access to each vessel and enough area for maintenance of the vessels on-site. Criterion Met 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property’s linear waterfront footage. (The applicable maximum percentage should be maintained.) The proposed vessels size to be kept on-site range from 12-feet to 38-feet long. Based on the vessels length the applicant will exceed the allowed 50% of the subject property’s linear shoreline, therefore this criterion is not met. 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) There is an existing dock and decked over boatlift already onsite which the proposed dock expansion will change the overall footprint but is consistent with others within the Vanderbilt Lagoon waterway. Therefore, no impacts to neighboring property views of the waterway will result from the proposed project as there is an existing dock onsite. Additionally, docks are accessory structures to the upland residence which is why people who are able to live on the water have a dock to provide access to the waterway. Criterion Met 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 I must be demonstrated.) There are no seagrass beds present on the property nor the neighboring properties within 200’ of the existing dock structure. Criterion Met 3.A.d Packet Pg. 40 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) The proposed work is for a single-family docking facility and therefore not subject to Manatee Protection Requirements N/A 3.A.d Packet Pg. 41 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3.A.d Packet Pg. 42 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3.A.d Packet Pg. 43 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3.A.d Packet Pg. 44 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3.A.d Packet Pg. 45 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 26.257108<> LONGITUDE:W -81.819741SITE ADDRESS:<> 336 OAK AVE NAPLES, FL 34108Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\21002.00 pikus-336 oak avenue\CAD\PERMIT-COUNTY\21002-BDE.dwg LOCATION MAP 6/9/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-03-2221002.00RMJ3225PIKUS DOCKLOCATION MAP48RMJRMJRMJ-03-07-2204-14-2205-31-2206-09-22-JRJRJRJR-SHTS 02-05, 07SHTS 02,03,05SHEETS 03, 05-07SHEETS 02-03-01 OF 07NESWCOLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896KEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTY3.A.dPacket Pg. 46Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) p:\21002.00 pikus-336 oak avenue\CAD\PERMIT-COUNTY\21002-BDE.dwg 6/9/2022Turrell, 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:\21002.00 pikus-336 oak avenue\CAD\PERMIT-COUNTY\21002-BDE.dwg EXISTING CONDITIONS 6/9/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-03-2221002.00RMJ3225PIKUS DOCKEXISTING CONDITIONS48RMJRMJ--03-07-2204-14-2206-09-22--JRJRJR--ADDED LABELSREMOVED STEMWALLADDED LABEL--02 OF 07NESW0153060SCALE IN FEETRIPARIAN LINERIPARIANSETBACKLINERIPARIANSETBACK LINERIPARIANLINEEXISTINGSEAWALLPROPERTYBOUNDARYSITE ADDRESS:,336 OAK AVENAPLESFL3410815'EXISTINGDOCK12'X16'·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"ABB, INC."07-24-2020-1.31'+0.30'75'367692'15'75'125'125'75'20'EXISTING DECKEDOVER BOATLIFT 11'X16'STRUCTURE HASBEEN REMOVED3.A.dPacket Pg. 47Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) p:\21002.00 pikus-336 oak avenue\CAD\PERMIT-COUNTY\21002-BDE.dwg 6/9/2022Turrell, 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:\21002.00 pikus-336 oak avenue\CAD\PERMIT-COUNTY\21002-BDE.dwg PROPOSED DOCK 6/9/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-03-2221002.00RMJ3225PIKUS DOCKPROPOSED DOCK48RMJRMJRMJ-03-07-2204-14-2205-31-2206-09-22-JRJRJRJR-ADDED LABELS, REV PROTRUSIONREMOVED STEMWALLREVISED DOCKADDED LABEL-03 OF 07NESW051020SCALE IN FEETRIPARIAN LINERIPARIANSETBACKLINERIPARIANSETBACK LINERIPARIANLINE14'X14'LIFTNEWFIXEDDOCKEXISTINGSEAWALLPROPERTYBOUNDARY75'·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM PROPERTY LINE:AA04(2) 10"GUIDE PILES38'LOA2'SITE ADDRESS:,336 OAK AVENAPLESFL3410815'15'21'4.8'4.8'38'38'NEWFIXEDDOCK15'14'14'43' PROTRUSION"ABB, INC"07-29-20-1.31'+0.30'75'367692'24160843'EXISTING DECKEDOVER BOATLIFT11'X16'EXISTING DOCK12'X16'5'STRUCTURE HASBEEN REMOVED3.A.dPacket Pg. 48Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\21002.00 pikus-336 oak avenue\CAD\PERMIT-COUNTY\21002-BDE.dwg CROSS SECTION 6/9/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-03-2221002.00RMJ3225PIKUS DOCKCROSS SECTION48----03-07-22----JR----REV. PROTRUSION DIMENSION, ADDED BOAT HULL----04 OF 07NEW DOCKN.T.E. 10'CAPTIMBERALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATE.DOCK SECTION AASCALE: 1" = 5'MHW = +0.30' NAVD 88MLW = -1.31' NAVD 88EXISTINGCONCRETESEAWALL CAP43' PROTRUSION FROMPROPERTY LINE14' BOATLIFT38' DOCKSTRINGER3.A.dPacket Pg. 49Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) NESW050100200SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\21002.00 pikus-336 oak avenue\CAD\PERMIT-COUNTY\21002-BDE.dwg ADJACENT DOCKS 6/9/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-03-2221002.00RMJ3225PIKUS DOCKADJACENT DOCKS48RMJRMJ--03-07-2204-14-2205-31-22--JRJRJR--REV. PROTRUSION DIMENSIONADDED APPROVED ADJ. DOCKREVISED DOCK--05 OF 07PROPERTYBOUNDARYNOTE: THE DIMENSIONS SHOWNARE APPROXIMATE AND ARETAKEN FROM THE AERIAL IMAGE.OAK AVE22'20'37'22'43'38' 32' 32' 34' 10' 20'PREVIOUSLYAPPROVEDADJACENTDOCK3.A.dPacket Pg. 50Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) NESW0204080SCALE IN FEETSITE ADDRESS:,336 OAK AVENAPLESFL34108Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\21002.00 pikus-336 oak avenue\CAD\PERMIT-COUNTY\21002-BDE.dwg SUBMERGED RESOURCE SURVEY 6/9/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-03-2221002.00RMJ3225PIKUS DOCKSUBMERGED RESOURCE SURVEY48----05-31-22----JR----REVISED DOCK----06 OF 07PROPERTYBOUNDARYNO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200FT OF THEPROPOSED PROJECTTYPICAL DIVE TRANSECT200'200'TRANSECT LINE(10' APART)10'3.A.dPacket Pg. 51Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) NESW0100200400SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\21002.00 pikus-336 oak avenue\CAD\PERMIT-COUNTY\21002-BDE.dwg WIDTH OF WATERWAY 6/9/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-03-2221002.00RMJ3225PIKUS DOCKWIDTH OF WATERWAY48RMJ---03-07-2205-31-22---JRJR---REVISED DIMENSIONS TEXTREVISED DOCK---07 OF 07PROPERTYBOUNDARYNOTE: THE DIMENSIONS SHOWNARE APPROXIMATE AND ARETAKEN FROM THE AERIAL IMAGE.OAK AVE754' MHW TO MHW 692' MHW TO DOCK3.A.dPacket Pg. 52Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3.A.d Packet Pg. 53 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) PIKUS RESIDENCE 336 OAK AVE NAPLES, FL 34108 SUBMERGED RESOURCE SURVEY SEPTEMBER 2021 PREPARED BY: TURRELL, HALL & ASSOCIATES, INC 3584 EXCHANGE AVENUE, STE B NAPLES, FL 34104 3.A.d Packet Pg. 54 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) PIKUS RESIDENCE SUBMERGED RESOURCE SURVEY SEPTEMBER 2021 Page 1 of 4 1.0 INTRODUCTION The Pikus residence and associated proposed docking facility is located at 336 Oak Ave, identified by Parcel Number 27581160002. The property is located off Oak Ave just north of Vanderbilt Beach Road, bound to the west by a single-family residential home, bound to the east by another single-family residential home, and bound to the south by Vanderbilt Lagoon. The property is located in Section 32, Township 48 South, and Range 25 East. The upland portion of the property is a single-family residence. Turrell, Hall & Associates was contracted to provide environmental permitting services and one aspect is the associated Submerged Resource Survey (SRS). This survey provides planning and review assistance to both owners and agency reviewers regarding the proposed project. The proposed project consists of expanding an existing single- family docking facility within a man-altered waterway within Vanderbilt Lagoon. The SRS survey was conducted on September 9, 2021. Light southeast winds, mostly clear skies, and a rising tide resulted in visible access to the entire project area. Surface water conditions on this day were calm which also helped to provide fair environmental conditions for the survey. The water temperature was 85°F. Low tide occurred at 9:31 A.M (0.3’) and high tide occurred at 3:17 P.M (2.5’) on the date of the survey. 2.0 OBJECTIVE The objective of the Submerged Resource Survey was to identify and locate any existing submerged resources within 200-feet of the project area. The survey provided onsite environmental information to help determine if the proposed project would impact any existing submerged resources and if so, would assist in reconfiguring the proposed dock in order to minimize any impacts. If seagrasses are present within the project area it then needs to be determined if the seagrass beds are small or if they are part of a large seagrass bed. The general scope of work performed at the site is summarized below. • Turrell, Hall & Associates personnel conducted a site visit and I snorkeled these transects within the proposed project basin and verified the location of any submerged resources. • Turrell, Hall & Associates personnel identified submerged resources at the site, estimated the % of coverage, and delineated the approximate limits of any submerged resources observed. • Turrell, Hall & Associates personnel delineated limits via a handheld GPS (Garmin Model 76csx). 3.A.d Packet Pg. 55 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) PIKUS RESIDENCE SUBMERGED RESOURCE SURVEY SEPTEMBER 2021 Page 2 of 4 3.0 METHODOLOGY Turrell, Hall & Associates biologists intentionally designed the methodology of the SRS to cover the entire property shoreline for the proposed dock installation and expand out to 200-feet from the project area as required by the CC-LDC. The components for this survey included: ● Review of aerial photography of survey area ● Establish survey transects lines overlaid onto aerials ● Physically swim transects, GPS locate limits of submerged resources, and determine approximate percent of coverage ● Document and photograph all findings The surveyed area was evaluated systematically by following the established transects spaced approximately 10-feet apart within the proposed dock footprint as shown on the attached exhibit. The survey was expanded out 200-feet from the proposed docking facility in order to verify no other resources were within the surrounding waterway. The neighboring properties have existing docks which helped to provide easily identifiable reference markers, such as dock piles which assisted in locating transects and keeping them consistent throughout most of the survey area. Two biologists swam these transects using snorkel equipment within the surveyed area and the other individual assisted with compiling notes and documenting findings on aerials. Located submerged resources were photographed, the approximate percent of coverage was quantified, and the location was delineated on an aerial photo as well as confirmed via handheld GPS (Garmin Model 72H). The biologists used a half meter square quadrant further broken into sections by cordage to make seagrass coverage estimates easier. 4.0 RESULTS The substrate found within the surveyed area included only one distinct classification: silt/muck material with a little shell debris throughout the entire surveyed area. There was also scattered oyster debris along the property seawall shoreline also were all the barnacle growth was mostly located. The shoreline consisted of a concrete seawall and scattered rip-rap both of which provide habitat for numerous fish, crabs, barnacles, and oysters growing on and around the seawall. The entire survey area exhibited a silt/muck bottom that was devoid of any aquatic vegetation growth or any types of submerged resources. The lack of any submerged resources is most likely due to the overall water quality within Vanderbilt Lagoon as well as the water clarity not allowing much sunlight penetration. This was most evident in the deeper water depths. 3.A.d Packet Pg. 56 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) PIKUS RESIDENCE SUBMERGED RESOURCE SURVEY SEPTEMBER 2021 Page 3 of 4 Various filamentous algae and macro algae were observed and documented growing along the bottom sediments throughout the survey area. Also observed were numerous fish species during the survey and a list of these species has been prepared and is provided below as Table 1. Table 1 – Observed Fish Species 5.0 CONCLUSIONS The submerged resource survey was completed for the entire subject property shoreline and expanded out 200-feet from the project site which yielded few findings and limited natural resources. Barnacles were the only natural resources observed which were growing on the face of the seawall and on the existing dock piles. Negative impacts to submerged resources are not expected with the proposed docking facility installation. Common Name Scientific Name mangrove snapper Lutjanus griseus sheepshead Archosargus probatocephalus striped mullet Mugil cephalus snook Centrompus undecimalis jack crevalle Caranx hippos 3.A.d Packet Pg. 57 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) PIKUS RESIDENCE SUBMERGED RESOURCE SURVEY SEPTEMBER 2021 Page 4 of 4 Barnacle growth along seawall and on existing dock piles Muck/silt substrate 3.A.d Packet Pg. 58 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3.A.d Packet Pg. 59 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3.A.d Packet Pg. 60 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3.A.dPacket Pg. 61Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3.A.d Packet Pg. 62 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3.A.dPacket Pg. 63Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3.A.dPacket Pg. 64Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3.A.dPacket Pg. 65Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) Existing Decked over boatlift with 2 PWC along east setback 3.A.d Packet Pg. 66 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3.A.d Packet Pg. 67 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3.A.d Packet Pg. 68 Attachment: Attachment C - HEX Backup Materials (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3.A.e Packet Pg. 69 Attachment: Attachment D - Sign Posting (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 3.A.e Packet Pg. 70 Attachment: Attachment D - Sign Posting (22680 : PL20210000087 Pikus - 336 Oak Avenue BDE) 08/11/2022 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.B Item Summary: Petition No. CUD PL20220001253 -St. John the Evangelist - A request for a comparable use determination that a rectory is comparable, compatible, and consistent with the list of permitted uses in Section 5.3 of the St. John the Evangelist Catholic Church Planned Unit Development (PUD), Ord. No. 04-18, as amended. The PUD is located at 625 111th Ave. N. in Section 21, Township 48 South, Range 25 East, Collier County, Florida. [Coo rdinator: Eric Ortman, Principal Planner] Commissioner District 2 Meeting Date: 08/11/2022 Prepared by: Title: Principal Planner – Zoning Name: Eric Ortman 07/11/2022 11:47 AM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 07/11/2022 11:47 AM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 07/11/2022 12:34 PM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 07/22/2022 12:29 AM Zoning Ray Bellows Review Item Completed 07/22/2022 9:51 AM Zoning Mike Bosi Review Item Completed 07/27/2022 8:24 AM Hearing Examiner Andrew Dickman Meeting Pending 08/11/2022 9:00 AM 3.B Packet Pg. 71 St. John the Evangelist Catholic Church - CUD-PL20220001253 Page 1 of 7 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: AUGUST 11, 2022 SUBJECT: ST. JOHN THE EVANGELIST CATHOLIC CHURCH COMPARABLE USE DETERMINATION (CUD) CUD-PL20220001253 ______________________________________________________________________________ PROPERTY OWNER/AGENT: Applicant/Owner: Agent: Diocese of Venice in Florida, LLC D. Wayne Arnold 1000 Pinebrook Road Q. Grady Minor & Associates, P.A. Venice, FL. 34285 3800 Via Del Rey Bonita Springs, FL. 34134 REQUESTED ACTION: Request for a determination that a rectory is a comparable accessory use to the other accessory uses permitted in the St. John the Evangelist Catholic Church Community Facilities PUD (St. John CFPUD), Ord. 04-18, as amended (Attachment A). For this petition, a rectory is defined as a single building with a maximum height of 35 feet with up to four dwelling units for priests associated with the St. John the Evangelist Catholic Church, and for active priests visiting from other congregations and churches. The subject property is ±14.53 acres located on the north side of 111th Ave. N., approximately one-quarter mile east of Vanderbilt Drive, and two-thirds of a mile west of Tamiami Trail North (US 41) in Section 3, Township 51 South, Range 26 East, Collier County, Florida. GEOGRAPHIC LOCATION: The subject property is a ±14.53-acre developed parcel (#00157360004) located at 625 111th Ave. N. on the north side of 111th Ave. N. approximately ¼ of a mile east of Vanderbilt Drive in Section 21, Township 48 South, Range 25 East, Collier County, Florida (See location map on page 2.). 3.B.a Packet Pg. 72 Attachment: Staff Report - St John the Evangelist (22788 : St. John the Evangelist CUD) St. John the Evangelist Catholic Church - CUD-PL20220001253 Page 2 of 7 3.B.aPacket Pg. 73Attachment: Staff Report - St John the Evangelist (22788 : St. John the Evangelist CUD) St. John the Evangelist Catholic Church - CUD-PL20220001253 Page 3 of 7 SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the subject parcel which is a developed PUD. Collier County GIS North: Golf course without homes which is part of Collier Tract 21 PUD that allows commercial and golf course uses. East: Naples Park Elementary School; Residential Single-Family (RSF-4). South: Residential Multi-Family (RMF-6). West: Hodges Funeral Home at Memorial Gardens; Northshore Lakes Villas PUD. Subject Property 3.B.a Packet Pg. 74 Attachment: Staff Report - St John the Evangelist (22788 : St. John the Evangelist CUD) St. John the Evangelist Catholic Church - CUD-PL20220001253 Page 4 of 7 PURPOSE AND DESCRIPTION OF PROJECT: The petitioner desires to construct a rectory for priests associated with the St. John CFPUD as well as priests visiting from other congregations. The rectory would be constructed in the north-east corner of the property as shown in Figure 1. The rectory would abut Naples Elementary School and the Old Collier Golf Club and would be a single-story building with a maximum height of 35 feet with up to four dwelling units. The exact footprint of the rectory has not been determined. Construction may involve the loss of some parking spaces. Currently, the PUD has 530 parking spaces inclusive of handicapped parking but is only required to have 411 spaces. Figure1 STAFF ANALYSIS: The St. John CFPUD is governed by Ord. 04-18, as amended. The PUD has a single permitted principal use, a “house of worship”; and multiple permitted, accessory uses including a life center, private school, health and fitness center, adult/children’s daycare, maintenance and storage facilities to support on -site uses, swimming pool, open space for recreation, and any “other comparable accessory use as determined to be compatible with “on-site and adjacent development”. The St. John CFPUD is a vibrant 15-acre campus containing multiple buildings for multiple activities (see graphic on next page). A rectory would an additional building where use, activity and noise would be minimal, particularly when compared with other activities on the campus. The building would be adjacent to the Old Collier Golf Course and Naples Park Elementary School neither of which operates at night so they would not be impacted by any light emanating from the rectory. In addition, section 5.3.H of Ord 04- 18 states that, “lighting shall be located so that no light is aimed directly toward an off-site property use for residential purposes located within two hundred (200) feet of the light source”. The closest residence is approximately 500 feet from the location of the proposed rectory. N → Proposed Rectory 3.B.a Packet Pg. 75 Attachment: Staff Report - St John the Evangelist (22788 : St. John the Evangelist CUD) St. John the Evangelist Catholic Church - CUD-PL20220001253 Page 5 of 7 The subject parcel has a Future Land Use Designation of Urban Mixed-Use, Urban Residential Subdistrict the purpose of which is to provide for higher densities in an area with fewer natural resource constraints where existing and planned public facilities are concentrated. A slight increase in the density and intensity of the St. John CFPUD is consistent the Future Land Use Element (FLUE) and Ord. 04-18, as amended. Per LDC §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 LDC criteria (listed below), the results are presented at a public hearing for the purposes of approval, approval with conditions, or denial. LDC §10.02.06.K criteria are listed in bold text; applicant’s responses in normal text; and staff responses in italic font. A. The proposed use possesses similar characteristics to other permitted uses in the zoning district, overlay, or PUD, included but not limited to the following: i. Operating Hours: Applicant’s response – The rectory will be used as a residence. As such there will be no operating hours. Staff’s response – Staff agrees with applicant that as a residence, there are no operating hours. ii. Traffic Volume Generated/Attracted: Applicant’s response – The priests’ activities will largely be associated with church and campus activities thereby generating a di minimis number of trips. Staff’s response – Staff agrees with applicant that a maximum of four priests living in a rectory will generate an insignificant number of trips. iii. Type of vehicles associated with the use: Applicant’s response – The priests’ vehicles will be the same type as other vehicles that come to and leave from the PUD. Golf Course Proposed Rectory Naples Park Elementary 3.B.a Packet Pg. 76 Attachment: Staff Report - St John the Evangelist (22788 : St. John the Evangelist CUD) St. John the Evangelist Catholic Church - CUD-PL20220001253 Page 6 of 7 Staff’s response – Staff agrees with applicant that there will be no discernable difference between priests’ vehicles and other vehicles that visit the PUD. iv. Number and type of required parking spaces: Applicant’s response – Inclusive of handicapped parking, there are 530 available parking spaces, for the PUD where only 411 are required by code. Staff response – Staff agrees that currently there is a surplus of 119 parking spaces. The exact location for the rectory has not been decided upon. A limited number of parking spaces may need to be repurposed to allow for construction. There are roughly 130 feet between the rear property line and the last formal parking space which is ample room for a large building to meet the rear setback and have a large front yard while taking few, if any, of the existing parking spaces. v. Business practices and activities: Applicant’s response – The rectory will serve as a residence where no business activities will take place. Staff response – Staff agrees with applicant that the rectory will be a residence where no business activities will occur. B. The effect of the proposed use on neighboring properties in relation to noise, glare, or odors shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. Applicant’s response – The rectory has less potential for any negative impacts to surrounding properties than the existing church, health and fitness center, swimming pool, life center, private school, and adult/children’s daycare. The most proximate uses to the rectory would a golf course and playgrounds associated with the Naples Elementary School both of which do not have nighttime activities so glare, if there were to be any, would not be an issue. Staff response – Rectories are, by nature, relatively quiet. The proposed rectory will be quieter, less busy, and have less traffic coming and going than the permitted use and most, if not all, of the accessory uses. The proposed rectory building would be surrounded by a golf course and elementary school on two sides, the rest of the St. John CFPUD on a third side, and a residential development on the fourth side. The closest residence in this development is approximately 400 from the rectory. Noise, odor, or glare produced by the rectory will be di minimis compared to other uses in the PUD. 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. Applicant’s response – The property is located within the Urban Mixed Use, Urban Residential Subdistrict on the Future Land Use Map (FLUM) which allows for a base density of three (3) dwelling units per acre when within the Coastal High Hazard Area (C|HHA). The ±14.53-acre site would be eligible for up to 45 dwelling units. The proposed rectory would be designed to have no more tha n four (4) living quarters. Staff response – The future land use designation – urban residential subdistrict - of the subject property explicitly permits residential development at a base density of four (4) dwelling units per ~130-ft. 3.B.a Packet Pg. 77 Attachment: Staff Report - St John the Evangelist (22788 : St. John the Evangelist CUD) St. John the Evangelist Catholic Church - CUD-PL20220001253 Page 7 of 7 acre. The PUD straddles the Coastal High Hazard Area (CHHA); the rectory would be within the CHHA so one (1) dwelling unit per acre is subtracted permitting three dwelling units per acre. The proposed rectory with a maximum of four (4) total dwelling units on ±15 acres is significantly below what is permitted by the FLUE. The proposed use is consistent with the GMP. D. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. Applicant’s response – The Diocese of Venice owns and operates the entire campus. The Catholic church regular provides rectories for its priests. The rectory is comparable and consistent with other permitted, and accessory uses within the PUD. Staff response – A rectory is both compatible and consistent with a church, with the accessory uses within the St. John CFPUD, and with the Growth Management Plan. E. Any additional relevant information as may be required by the County Manager or designee. Applicant’s response – Not required, none provided. Staff response – No additional information is required, and none was provided. PUBLIC NOTICE: A newspaper advertisement for the Hearing Examiner public meeting is the only notice required per Administrative Code (Chapter 3L), and LDC §10.03.06.O in accordance with F.S. §125.66. The newspaper advertisement posted in the Naples Daily News on July 17, 2022. Per the 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. As of July 11th, staff has received no public correspondence on this petition. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner determine that a rectory is comparable and compatible with the list of accessory uses contained in Section 5.3 of the St. John the Evangelist Catholic Church CFPUD with the condition that the rectory be limited to a single story building not to exceed 35- feet in height and not to exceed four dwelling units; and whose use is restricted to priests associated with the St. John the Evangelist Catholic Church, and active priests visiting from other congregations and churches. (Attachment B). Attachments: A. Ordinance 04-18 B. Conditions of Approval C. Application and Backup Documents 3.B.a Packet Pg. 78 Attachment: Staff Report - St John the Evangelist (22788 : St. John the Evangelist CUD) 3.B.b Packet Pg. 79 Attachment: Attachment A - Ord. 04-18 (22788 : St. John the Evangelist CUD) 3.B.b Packet Pg. 80 Attachment: Attachment A - Ord. 04-18 (22788 : St. John the Evangelist CUD) 3.B.b Packet Pg. 81 Attachment: Attachment A - Ord. 04-18 (22788 : St. John the Evangelist CUD) 3.B.b Packet Pg. 82 Attachment: Attachment A - Ord. 04-18 (22788 : St. John the Evangelist CUD) 3.B.b Packet Pg. 83 Attachment: Attachment A - Ord. 04-18 (22788 : St. John the Evangelist CUD) 3.B.b Packet Pg. 84 Attachment: Attachment A - Ord. 04-18 (22788 : St. John the Evangelist CUD) 3.B.b Packet Pg. 85 Attachment: Attachment A - Ord. 04-18 (22788 : St. John the Evangelist CUD) 3.B.b Packet Pg. 86 Attachment: Attachment A - Ord. 04-18 (22788 : St. John the Evangelist CUD) 3.B.b Packet Pg. 87 Attachment: Attachment A - Ord. 04-18 (22788 : St. John the Evangelist CUD) 3.B.b Packet Pg. 88 Attachment: Attachment A - Ord. 04-18 (22788 : St. John the Evangelist CUD) 3.B.b Packet Pg. 89 Attachment: Attachment A - Ord. 04-18 (22788 : St. John the Evangelist CUD) 3.B.b Packet Pg. 90 Attachment: Attachment A - Ord. 04-18 (22788 : St. John the Evangelist CUD) 3.B.b Packet Pg. 91 Attachment: Attachment A - Ord. 04-18 (22788 : St. John the Evangelist CUD) 3.B.b Packet Pg. 92 Attachment: Attachment A - Ord. 04-18 (22788 : St. John the Evangelist CUD) 3.B.b Packet Pg. 93 Attachment: Attachment A - Ord. 04-18 (22788 : St. John the Evangelist CUD) 3.B.b Packet Pg. 94 Attachment: Attachment A - Ord. 04-18 (22788 : St. John the Evangelist CUD) 3.B.b Packet Pg. 95 Attachment: Attachment A - Ord. 04-18 (22788 : St. John the Evangelist CUD) 3.B.b Packet Pg. 96 Attachment: Attachment A - Ord. 04-18 (22788 : St. John the Evangelist CUD) 3.B.bPacket Pg. 97Attachment: Attachment A - Ord. 04-18 (22788 : St. John the Evangelist CUD) 3.B.b Packet Pg. 98 Attachment: Attachment A - Ord. 04-18 (22788 : St. John the Evangelist CUD) 3.B.b Packet Pg. 99 Attachment: Attachment A - Ord. 04-18 (22788 : St. John the Evangelist CUD) Attachment B Conditions of Approval CUD-PL20220001253 Comparable Use Determination 1. Rectory shall be limited to a maximum height of 35 feet. 2. Rectory shall be limited to a maximum of four (4) dwelling units. 3. Rectory shall be limited to a single story. 4. Rectory use shall be limited to priests associated with the St. John the Evangelist Catholic Church, and active priests visiting from other congregations and churches. 3.B.c Packet Pg. 100 Attachment: Attachment B - Conditions (22788 : St. John the Evangelist CUD) Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com St. John the Evangelist Catholic Church Comparable Use Determination (PL20220001253) Application and Supporting Documents August 11, 2022 HEX Meeting 3.B.d Packet Pg. 101 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 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 Frank J Dewane the Bishop of the Diocese of Venice 1000 Pinebrook Road Venice FL 34285 (941) 484-9543 barrows@dioceseofvenice.org D. Wayne Arnold Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs FL 34134 239-947-1144 warnold@gradyminor.com 625 111th Ave. N. 00157360004 Frank J Dewane the Bishop of the Diocese of Venice ✔ 3.B.d Packet Pg. 102 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 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 N N _______________________________________________________________________________ Applicant Signature April 26, 2022 D. Wayne Arnold, AICP ✔ ✔ 3.B.d Packet Pg. 103 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) AFFIDAVITOFAUTHORIZATIONFORPETITIONNUMBERS(S)ComparableUseDeterminationforSt.JohntheEvangelistCatholicChurchCFPUDI,FrankJDewane(printname),asBishopoftheDioceseofVenice,acorporationsole(title,ifapplicable)ofByDr.VolodymyrSmeryk,ChancellorofTheDioceseofVeniceashisAttorneyinFact(company,Ifapplicable),swearoraffirmunderoath,thatIamthe(chooseone)ownerlvlapplicantElcontractpurchaserandthat:1.Ihavefullauthoritytosecuretheapproval(s)requestedandtoimposecovenantsandrestrictionsonthereferencedpropertyasaresultofanyactionapprovedbytheCountyinaccordancewiththisapplicationandtheLandDevelopmentCode;2.Allanswerstothequestionsinthisapplicationandanysketches,dataorothersupplementarymatterattachedheretoandmadeapartofthisapplicationarehonestandtrue;3.IhaveauthorizedthestaffofCollierCountytoenteruponthepropertyduringnormalworkinghoursforthepurposeofinvestigatingandevaluatingtherequestmadethroughthisapplication;andthat4.Thepropertywillbetransferred,conveyed,soldorsubdividedsubjecttotheconditionsandrestrictionsimposedbytheapprovedaction.5.We/IauthorizeQ.GradyMinor&Associates,PA.toactasour/myrepresentativeinanymattersregardingthispetitionincluding1through2above.*Notes:•Iftheapplicantisacorporation,thenitisusuallyexecutedbythecorp.pres.orv.pres.•IftheapplicantisaLimitedLiabilityCompany(L.L.C.)orLimitedCompany(L.C.),thenthedocumentsshouldtypicallybesignedbytheCompany’s“ManagingMember”•Iftheapplicantisapartnership,thentypicallyapartnercansignonbehalfofthepartnership.•Iftheapplicantisalimitedpartnership,thenthegeneralpartnermustsignandbeidentifiedasthe“generalpartner”ofthenamedpartnership.•Iftheapplicantisatrust,thentheymustincludethetrustee’snameandthewords“astrustee”.•Ineachinstance,firstdeterminetheapplicant’sstatus,e.g.,individual,corporate,trust,partnership,andthenusetheappropriateformatforthatownership.AffidavitofAuthorizationandthat2r-Q2aDateumentwasacknowlegedbeforemebymeansofphysicalpresenceorr:ionlinenotarizationthisdayofr4(I4’.J,2022,by(printednameofownerorqualifier)ofVenceashisAftomeynFactSuchperson(s)NotaryPublicmustcheckapplicablebox:ArepersonallyknowntomeHasproducedacurrentdriverslicenseHasproducedNotarySignature:asidentification.Underpenaltiesofperjury,Ideclareththefactsstatedinitaretrue.STATEOFFLORIDACOUNTYOFCOLLIERSHM4NONBARROWSMYCOMMISSON#GG1B1805EXPLRESMach17,2022BoTtPublic1CP\08-COA-OO115\155REV3/4/20203.B.dPacket Pg. 104Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 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 Frank J. Dewane, as Bishop of the Diocese of Venice, a corporation sole 100 By Dr. Volodymyr Smeryk, Chancellor of the Diocese of Venice as His Attorney in Fact 1000 Pinebrook Rd - Venice, FL 34285 N.A. 3.B.d Packet Pg. 105 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 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.B.d Packet Pg. 106 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 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: 2022.02.01 10:35:52 -05'00' D. Wayne Arnold, AICP February 1, 2022 3.B.d Packet Pg. 107 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 3.B.d Packet Pg. 108 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 3.B.d Packet Pg. 109 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 143576k 199 ECSM7:S 901516 001097 COLLIER COUNTY RECORDED Prepared by/return to: MICHAEL E.BOTOS,ESQ. STEEL,HECTOR AND DAVIS 1900 Phillips Point West 777 South Flagler Drive West Palm Beach,FL 33401 (W/C 75) Folio Number 00157360004 and Part of Folio Number 00156800002 PRML, ___________ THIS INDENTURE,Made this f day of Nod4t,Ji’,1990, between COLLIER DEVELOPMENT CORPORATION,a Florida corporation, Grantor,and MOST REVEREND JOHN J.NEVINS,BISHOP OF THE DIOCESE OF VENICE,a Corporate Sole,and his Successors in Office and Assigns Forever,whose post office address is: P.O.Box 2006,Venice,FL 34284—2006 Grantee; WITNES SETH: THAT said Grantor,for and in consideration of the sum of TEN DOLLaRS ($10.00),and other good and valuable considerations to said Grantor in hand paid by said Grantee,the receipt whereof is hereby acknowledged,has granted,bargained and sold to the said Grantee, and Grantee’s heirs,successors and assigns forever,the following described land,situate,lying and being in Collier County,Florida, to-wit: All that part of Section 21,Township 48 South,Range 25 East,Collier County,Florida,being more particularly described as follows: Commencing at the Southwest corner of said Section 21; thence South 89 degrees 51 minutes 48 seconds East along the Southerly line of the Southwest Quarter (SW 1/4)of said Section 21,a distance of 1342.48 feet to the Southeast corner of the West one—half of the Southwest Quarter of said Section 21;thence North 1 degree 52 minutes 47 seconds West along the Easterly line of said West one-half of the Southwest Quarter a distance of 40.03 feet to an intersection with the Northerly right-of-way line of 111th Avenue North,said intersection being the Point of Beginning of the parcel herein being described; thence continue North 1 degree 52 minutes 47 seconds West along said Easterly line a distance of 1390.27 feet;thence South 89 degrees 51 minutes 48 seconds East along a line parallel with the Southerly line of the Southwest Quarter (SW 1/4)of said Section 21 a distance of 470.98 feet; thence South 1 degree 32 minutes 23 seconds East along a line parallel with the Easterly line of the Southwest Quarter of said Section 21 a distance of 1390.00 feet to an intersection with the Northerly right-of-way line of 111th Avenue North;thence North 89 degrees 51 minutes 48 seconds West along said Northerly right-of-way line a distance of 462.72 feet to the Point of Beginning of the parcel herein described. SUBJECT TO applicable zoning regulations,restrictions, matters of plat,public utility easements of record, reservations of oil,gas and mineral rights,rights-of-way of record;and,to taxes for years subsequent to December 31,1990. OR BOOK PAGE Receh,ed $_‘......_Documentary Stamp Tax Rec&ved $CIas ‘C Intangible Property Tax CO OUNTYCWTh%,)JF ‘5 WARRANTY DEED 3.B.d Packet Pg. 110 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) -U 001516 001098 PAGE AND said Grantor does hereby fully warrant the title to said land,and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF,Grantor has caused these presents to be executed in its name on the day and year first above written. STATE OF FLORIDA COUNTY OF COLLIER Douglas W.McNeill Vice President .lb (Corporate Seal) I HEREBY CERTIFY that on this day before me,an officer duly ‘ qualified to take acknowledgments,personally appeared DOUGLAS W. McNEILL,to me known to be the person described in and who executed the foregoing instrument as Vice President of COLLIER DEVELOPMENT CORPORATION,a Florida corporation,and he acknowledged before me that he executed the same with the authority duly vested in him by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this day of ,,1990 ç Signed,sealed and deli vered in the presence of: COLLIER ‘.J)iJ:);))/Jx :LOPMENT CORPORATION By:c.—,-—i ‘.,:I,.. (Notary Sea!) 1 A 7/ Notary Public,State of Florida. My Commission expires: florida NotarY PU Jan 30,i99 Ins.AgenCY 3.B.d Packet Pg. 111 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 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 91-0021 3.B.d Packet Pg. 112 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 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 00157360004 1/13/2022 3.B.d Packet Pg. 113 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) $ 0 $ 900,000 $ 0 $ 0 $ 500 $ 2,179,600 $ 14,016,001 $ 16,195,601 $ 16,195,601 $ 0 $ 0 Collier County Proper ty AppraiserProperty Summar y Parcel No 00157360004 SiteAddress*Disclaimer 625 111THAVE N Site City NAPLES Site Zone*Note 34110 Name / Address DEWANE, BISHOP FRANK J DIOCESE OF VENICE 1000 PINEBROOK RD City VENICE State FL Zip 34285-6426 Map No.Strap No.Section Township Range Acres  *Estimated 3A21 000100 015 3A21 21 48 25 14.53 Legal 21 48 25 COMM AT SW CNR OF SEC 21, S89DEG E 1342.48FT TO SE CNR OFW1/2 OF SW1/4, N1DEG W 40.03FT TO INT NLY RW LI 111TH AVE N,SAID INT &POB, N1DEG W 1390.27FT, S89DEG E 470.98FT, S1DEG E 1390FT, N89DEG W 462.72FT TO POB OR 1576 PG 1097 Millage Area 166 Millage Rates   *Calculations Sub./Condo 100 - ACREAGE HEADER School Other Total Use Code 71 - CHURCHES 4.889 6.0293 10.9183 Latest Sales Histor y (Not all Sales are listed due to Confidentiality) Date Book-Page Amount 02/09/07 4181-2675 12/05/90 1576-1097 07/01/85 1144-1052 02/01/78 734-429 05/01/73 524-198  2021 Certified Tax Roll (Subject to Change) Land Value (+) Improved Value (=) Market Value (=) Assessed Value (=) School Taxable Value (=) Taxable Value If all Values shown above equal 0 this parcel was created after theFinal Tax Roll   3.B.d Packet Pg. 114 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) Collier County Proper ty AppraiserProperty Aerial Parcel No 00157360004 SiteAddress*Disclaimer 625 111THAVE N Site City NAPLES Site Zone*Note 34110 Open GIS in a New Window with More Features. 3.B.d Packet Pg. 115 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) St. John the Evangelist Catholic Church CFPUD Determination request and justification May 5, 2022 Page 1 of 3 Determination Request and Justification-r2.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Pursuant to the Collier County Administrative Code, Chapter 3. L., Comparable Use Determination, we are seeking staff and the Hearing Examiner’s determination that a Rectory is a comparable accessory use to the other accessory uses permitted in the St. John the Evangelist Catholic Church PUD. A Rectory is a residence for a priest or retired priest and is commonly found associated with a Catholic church. The 14.89+/- acre St. John the Evangelist Catholic Church PUD was approved by Ordinance 04-18. The site has been developed with the principal use of a House of Worship (Church) as well as several other accessory uses permitted in Section 5.3 of the Ordinance. The Diocese of Venice desires to construct a Rectory on the property as an accessory use to their House of Worship. The list of permitted accessory uses in the PUD allows for the following accessory uses: 1. Parish life center 2. Private School 3. Parish health and fitness center 4. Parish adult and children’s day care center 5. Maintenance and storage facilities 6. Open space and recreation uses 7. Any other comparable accessory use as determined by the Collier County Planning Services Director to be compatible with on-site and adjacent development 8. Preserve and conservation areas. The proposed Rectory would serve as on-site housing for up to 4 priests and is compatible with the above listed accessory uses that are associated with the Church. The Rectory would be constructed utilizing the existing development standards. The single structure would not exceed 2-stories in height or 35 feet. The Rectory would be compatible with the surrounding development which consists of the Old Collier Golf Club to the north, the Naples Park Elementary School athletic fields to the east, Naples Memorial Gardens cemetery and North Shore Lake Villas to the west, and single-family residences to the south across 111th Avenue North. The Diocese has not determined the exact building footprint for the residence; however, it is anticipated to be constructed near the northeastern portion of the PUD, and east of the existing Parish Life Center recreational building. This general location is more than 350’ from the nearest residence located in the North Shore Lake Villas community and the Rectory building would not be visible from this community due to the presence of the Parish Life Center building. The proposed accessory comparable use determination is in compliance with the criteria specified in LDC 10.02.06.K.2. 3.B.d Packet Pg. 116 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) May 5, 2022 Page 2 of 3 Determination Request and Justification-r2.docx 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; Addition of a Rectory as an accessory use is a residence; therefore, there are no operating hours. ii. Traffic volume generated/attracted; Use of the Rectory by the Priests will generate minimal vehicular trips as daily their activities are largely associated with the Church and campus activities. Traffic impacts will be di minimis. iii. Type of vehicles associated with the use; The vehicles will be standard non-commercial vehicles iv. Number and type of required parking spaces; and The site has existing parking in excess of that required by the Collier County LDC and the single residential structure will not result in a reduction of any required parking. v. Business practices and activities. The addition of a Rectory as an accessory use is a residence not a business. 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 Rectory has less potential for any negative impacts to surrounding properties than does the existing church and associated gymnasium, private school or health and fitness center. The closest uses to the residential structure will be a golf course and playfields associated with an elementary school. Both of these uses have no nighttime activity; therefore, the Rectory building would not create any noise, glare or odors that would be disruptive to surrounding properties. 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. 3.B.d Packet Pg. 117 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) May 5, 2022 Page 3 of 3 Determination Request and Justification-r2.docx The property is located within the Urban Mixed Use, Urban Residential Subdistrict on the Future Land Use Map, allowing for a base density of 3 dwelling due to the location within the Coastal High Hazard Area. The 14.89-acre site would be eligible for up to 45 dwelling units. The proposed Rectory building would be designed to have no more than 4 living quarters. d. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. All uses on the site are owned and operated under the Diocese of Venice. A Rectory is a common accessory use to a Catholic church and is compatible and consistent with the other accessory uses existing and permitted in the PUD. e. Any additional relevant information as may be required by County Manager or Designee. The proposed Rectory accessory use is consistent with the Growth Management Plan and will have no external impacts. 3.B.d Packet Pg. 118 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) PROPOSED GENERAL LOCATION OF RECTORY3.B.dPacket Pg. 119Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 3.B.d Packet Pg. 120 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 3.B.d Packet Pg. 121 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 3.B.d Packet Pg. 122 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 3.B.d Packet Pg. 123 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 3.B.d Packet Pg. 124 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 3.B.d Packet Pg. 125 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 3.B.d Packet Pg. 126 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 3.B.d Packet Pg. 127 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 3.B.d Packet Pg. 128 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 3.B.d Packet Pg. 129 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 3.B.d Packet Pg. 130 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 3.B.d Packet Pg. 131 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 3.B.d Packet Pg. 132 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 3.B.d Packet Pg. 133 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 3.B.d Packet Pg. 134 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 3.B.d Packet Pg. 135 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 3.B.d Packet Pg. 136 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 3.B.d Packet Pg. 137 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 3.B.dPacket Pg. 138Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 3.B.d Packet Pg. 139 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 3.B.d Packet Pg. 140 Attachment: Attachment C - HEX Backup Material (22788 : St. John the Evangelist CUD) 08/11/2022 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.C Item Summary: Petition No. PCUD PL20220001501 - Wentworth Estates MPUD Indoor Self Storage - Request for a decision of the Hearing Examiner that the proposed use of self-storage/ mini warehousing, indoor (SIC Code 4225) is comparable in nature to other permitted uses in Section 4.3.A of the Wentworth Estates Mixed Use Planned Unit Development (MPUD) adopted by Ordinance Number 03-51, as amended. The subject parcel is approximately +/-9.07 acres, located on the south side Tamiami Trail East (US 41) approximately 1.25 miles south of the Rattlesnake Hammock and Tamiami Trail E intersection in Section 30, Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: Ray Bellows, Zoning Manager] Commission District 1 Meeting Date: 08/11/2022 Prepared by: Title: – Zoning Name: Laura DeJohn 07/19/2022 4:48 PM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 07/19/2022 4:48 PM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 07/19/2022 5:03 PM Zoning Mike Bosi Zoning Director Review Completed 07/21/2022 9:42 AM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 07/22/2022 12:39 AM Zoning Ray Bellows Review Item Completed 07/22/2022 9:54 AM Zoning Mike Bosi Review Item Completed 07/27/2022 8:39 AM Hearing Examiner Andrew Dickman Meeting Pending 08/11/2022 9:00 AM 3.C Packet Pg. 141 PCUD-PL20220001501; Wentworth Estates – Indoor Self Storage Page 1 of 11 July 19, 2022 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: August 11, 2022 SUBJECT: PL20220001501; WENTWORTH ESTATES MPUD - INDOOR SELF STORAGE (PCUD) ______________________________________________________________________________ PROPERTY OWNER/AGENT: Applicant: Prime Partners, LLC 2201 Main Street Pittsburgh, PA 15215 Agent: Christopher O. Scott, AICP Peninsula Engineering 2800 Golden Gate Pkwy Naples, FL 34105 REQUESTED ACTION: Request for a determination that the proposed use of self-storage/ mini warehousing, indoor (SIC Code 4225) is comparable in nature to other permitted uses in Section 4.3.A of the Wentworth Estates Mixed Use Planned Unit Development (MPUD) adopted by Ordinance Number 03-51, as amended. GEOGRAPHIC LOCATION: The subject parcel is approximately +9.07 acres, located on the south side Tamiami Trail East (US 41) approximately 1.25 miles south of the Rattlesnake Hammock and Tamiami Trail E intersection in Section 30, Township 50 South, Range 26 East, Collier County, Florida. (See location map on the following page) 3.C.a Packet Pg. 142 Attachment: Staff Report Wentworth motor condos2 (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self Storage) PCUD-PL20220001501; Wentworth Estates – Indoor Self Storage Page 2 of 11 July 19, 2022 3.C.aPacket Pg. 143Attachment: Staff Report Wentworth motor condos2 (22851 : PL20220001501 PCUD Wentworth Estates PCUD-PL20220001501; Wentworth Estates – Indoor Self Storage Page 3 of 11 July 19, 2022 SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the subject property, which is undeveloped as a commercial parcel in the Wentworth Estates MPUD Master Plan: North: Canal and water management area within the Sabal Bay MPUD East: Six-lane divided Right-of-Way for Tamiami Trail E then a psychiatric hospital, gas station and carwash, and furniture store with a zoning designation of General Commercial (C-4) South: Water management area and two-lane Right-of-Way for Treviso Bay Boulevard then multi-family residential with a zoning designation of Wentworth Estates MPUD West: Via Veneto Subdivision of developed single-family homes and water management area within the Wentworth Estates MPUD Subject Property 3.C.a Packet Pg. 144 Attachment: Staff Report Wentworth motor condos2 (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self Storage) PCUD-PL20220001501; Wentworth Estates – Indoor Self Storage Page 4 of 11 July 19, 2022 PURPOSE/DESCRIPTION OF PROJECT: The petitioner requests a determination that the proposed self-storage/ mini warehousing, indoor (SIC Code 4225) is comparable in nature to the currently allowed permitted principal uses for the Commercial Area of the Wentworth Estates Mixed-Use Planned Unit Development (MPUD) adopted by Ordinance Number 03-51, as amended. Wentworth Estates PUD was first approved in 2003 by Ord. 03-51, which repealed the formerly approved Lely Lakes Golf Resort PUD (Ord. 98-85) and designated the +/-10 acre Commercial Area along Tamiami Trail East. A PUD Amendment was approved by Ord. 13-45 (Attachment B). The Commercial Area is shown on the Master Plan adopted by Ordinance Number 13-45. Subject Property 3.C.a Packet Pg. 145 Attachment: Staff Report Wentworth motor condos2 (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self Storage) PCUD-PL20220001501; Wentworth Estates – Indoor Self Storage Page 5 of 11 July 19, 2022 The site is designated on the Future Land Use Map as Urban Coastal Fringe subdistrict in the Urban Mixed-Use District and the Commercial Area was deemed consistent by policy. The applicant’s request describes the proposed use as “car condos.” Below is the applicant’s conceptual architectural elevation. The applicant also proposes a condition of approval to limit the zoned height to 35 feet with actual height limited to 45 feet (see Attachment A, Condition #9). Comprehensive Planning staff advises that the proposed use is located on a parcel fronting US 41 (Tamiami Trail East), located within the boundaries of the East Naples Community Development Plan (ENCDP). The ENCDP was developed by the community through a series of public meetings and surveys and reflects the overall vision of the community; the Board of County Commissioners accepted the ENCDP in October 2020. The ENCDP promotes the strategic placement of land uses to enhance the community’s sense of place and provides guidance for future development and redevelopment opportunities for employment, leisure, dining, and shopping to meet the growing needs of the community. The ENCDP also identifies a list of “undesirable” uses, including mini-warehousing use (self-storage/car storage, etc.), that are intended to be interspersed throughout the County to minimize the concentration of these uses along the roadways within the ENCDP boundaries. The community is currently working with a consultant to develop a zoning overlay along the US 41 East corridor to establish development standards, design standards, and spacing criteria for commercial uses to address, in part, the undesirable uses identified in the ENCDP; the anticipated completion of the zoning overlay is Spring 2023. Comprehensive Planning staff is of the opinion that the proposed motor car condo project in the form as submitted is inconsistent with the vision of the ENCDP and is incompatible with the community’s development objectives for the area. See analysis below and conditions in Attachment A that are recommended to address impacts to the community. 3.C.a Packet Pg. 146 Attachment: Staff Report Wentworth motor condos2 (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self Storage) PCUD-PL20220001501; Wentworth Estates – Indoor Self Storage Page 6 of 11 July 19, 2022 STAFF ANALYSIS: LDC Section 10.02.06.K., Comparable Use Determination, states: “Comparable Use Determination (CUD) shall be used to determine whether a use is comparable in nature with the list of permitted uses, and the purpose and intent statement of the zoning district, overlay, or PUD. To be effective, the Comparable Use Determination shall be approved by the Hearing Examiner by decision, or Board of Zoning Appeals by resolution, at an advertised public hearing” based on standards listed below as part of staff’s analysis. The applicant represents the proposed use as Self-storage/ mini warehousing, indoor (4225), and also portrays specifically that the storage is for “car condos” or indoor vehicular storage. For analysis purposes, this Comparable Use Determination is based on the proposed use of Self- storage/ mini warehousing, indoor (4225, limited to vehicle storage). See Attachment A for recommended Condition #1 to limit the use to vehicle storage. Section 4.3 of the MPUD lists the permitted uses for the Commercial Area. The area is generally described as accommodating a full range of commercial, retail and office uses designed to serve residents of the PUD and the immediate vicinity. The commercial uses that are permitted have varying degrees of intensity, including those permitted in conventional Industrial, C-4 and C-5 zoning districts. Such uses currently allowed with comparable or greater intensity and activity levels than the proposed Self-storage/ mini warehousing, indoor (4225) include new car dealerships (SIC Code 5511), gasoline service stations (SIC Code 5541 with services and repairs), miscellaneous repair shops (SIC Code 7622- 7699), car rental and leasing (SIC Code 7514). Other currently permitted uses of comparable intensity and activity level to the car condo type activities include Amusement and recreation and Membership organizations. Below is a summary of currently permitted comparable uses on the subject site. See Attachment B for Ordinance 13-45, Section 4.3.A for the full list of permitted uses in the Commercial Area. Current Permitted Use in Commercial Area (Ord. 13-45, Section 4.3.A) (P) Permitted/ (C) Conditional in Conventional District Amusement and recreation services (7911 [dance studios], 7922 [theaters], 7933 [bowling centers], 7991 [physical fitness facilities]) (P) C-4 General Commercial (P) C-5 Heavy Commercial Membership organizations (8611-8661) (P) C-3 Commercial Intermediate (P) C-4 General Commercial (P) C-5 Heavy Commercial New car dealerships (5511) (C) C-3 Commercial Intermediate (P) C-4 General Commercial (P) C-5 Heavy Commercial Gasoline service stations (5541 with services and repairs) (P) C-4 General Commercial (P) C-5 Heavy Commercial Miscellaneous repair shops (7622-7699) (P) C-4 General Commercial (P) C-5 Heavy Commercial (P) I Industrial Car rental and leasing (7514) (P) C-4 General Commercial 3.C.a Packet Pg. 147 Attachment: Staff Report Wentworth motor condos2 (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self Storage) PCUD-PL20220001501; Wentworth Estates – Indoor Self Storage Page 7 of 11 July 19, 2022 (P) C-5 Heavy Commercial Summarized in the table below, t he requested use of Self-storage/ mini warehousing, indoor (4225) is typically permitted in the I, Industrial zoning district , the BP Business Park zoni ng district, and the C-5 Heavy Commercial zoning district; and is a conditional use in the C -4, General Commercial zoning district . The currently permitted uses identified in the table above demonstrate that the PUD already allows for uses that are typically allowed in the more intense conventional districts of C-4, C-5, and I. Requested Use in Commercial Area (P) Permitted/ (C) Conditional in Conventional District Self-storage/ mini warehousing, indoor (4225) (C) C-4 General Commercial (P) C-5 Heavy Commercial (P) I Industrial (P) BP Business Park Per LDC 4.02.13.I, the following requirements are additionally applied to motor freight transportation and warehousing (4225 mini - and self-storage warehousing only) in the Business Park (BP) zoning district: 1. The use of metal roll -up garage doors located on the exterior of the perimeter buildings and walls of buildings which are visible from a public right -of-way is prohibited; 2. Access to individual units whether direct or indirect m ust be from the side of a building that is oriented internally; 3. No building shall exceed 100 feet in length when adjacent to a residential zoning district; 4. No outdoor storage of any kind is permitted; and 5. Storage units shall be utilized for storag e purposes only. When evaluating the appropriateness of the proposed use, staff considers the character of the use and intent of the PUD relative to the uses that are permitted within commercial zoning districts of the LDC. The PUD intended for a full range of commercial, retail and office uses designed to serve residents of the PUD and the immediate vicinity. The purpose and intent of the C-4 General Commercial zoning district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. The purpose and intent of the C- 5 Heavy Commercial district is to provide a range of more intensive commercial uses than C-4 and services which are generally those use s that tend to utilize outdoor space in the conduct of the business. Per LDC Section 10.02.06.K, the following Comparable Use Determination (CUD) criteria are used to determine whether a use is comparable in nature with the list of permitted uses, and the purpose and intent statement of the zoning district, overlay, or PUD: (Criteria is listed with corresponding staff analysis in italics) a. The proposed use possesses similar characteristics to other permitted uses in the zoning 3.C.a Packet Pg. 148 Attachment: Staff Report Wentworth motor condos2 (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self Storage) PCUD-PL20220001501; Wentworth Estates – Indoor Self Storage Page 8 of 11 July 19, 2022 district, overlay, or PUD, including but not limited to the following: i. Operating hours; The proposed vehicle storage units would be accessible to owners or lessees of the units on a 24 hour basis. Gasoline service station is a permitted use within the Commercial Area, which would have a greater commercial level of activity on a 24-hour basis than the proposed indoor storage units. ii. Traffic volume generated/attracted; The proposed vehicle storage units do not generate any more trips than other permitted uses such as gasoline service station or car dealership that would otherwise be permitted on this parcel. The development must comply with all other applicable concurrency management regulations a new Traffic Impact Statement (TIS) will be submitted and reviewed at the time of Site Development Plan (SDP). iii. Type of vehicles associated with the use; The proposed use of indoor vehicle storage may be associated with personal vehicles ranging from motorcycles to passenger vehicles to recreational vehicles. From time to time, auto delivery and pick-up vehicles may access the site. To control the impact of activities associated with vehicle loading or unloading, Condition #2 requires that vehicle loading or unloading shall be accommodated on site, shall not be oriented toward the Via Veneto subdivision, and shall not be in any public right-of-way. As conditioned, the types of vehicles associated with the proposed use are comparable and therefore staff finds these types of vehicles acceptable in comparison to vehicles potentially associated with other permitted uses, such as: automotive dealers, gasoline service stations, and automotive rental and leasing. iv. Number and type of required parking spaces; and In LDC Section 4.05.4.G., Table 17 provides the parking space requirement for the proposed indoor storage as: 1 parking space per 20,000 square feet of storage buildings plus 1 per 50 vehicle/boat storage spaces plus 1 per 300 square feet of office areas, with a minimum of 4. The parking requirement needed for this type of use is less intense than a general retail shopping center requirement of 1 parking space per 250 square feet. At the time of SDP, the project will be reviewed to comply with parking standards. v. Business practices and activities. 3.C.a Packet Pg. 149 Attachment: Staff Report Wentworth motor condos2 (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self Storage) PCUD-PL20220001501; Wentworth Estates – Indoor Self Storage Page 9 of 11 July 19, 2022 As described above, the types of activities and hours of operation for the proposed indoor vehicle storage are either comparable to, or less intense than, those for other permitted uses such as automotive dealers, gasoline service stations, repair, and automotive rental and leasing. To address the compatibility of the practices and activities associated with the indoor vehicle storage with surrounding uses, staff recommends the following standards that typically apply within Business Parks per LDC 4.02.13.I to apply: Condition #3. The use of metal roll-up garage doors located on the exterior of the perimeter buildings and walls of buildings which are visible from a public right-of-way is prohibited; Condition #4. Access to individual units whether direct or indirect m ust be from the side of a building that is oriented internally; Condition #5. No outdoor storage of any kind is permitted; and Condition #6. Storage units shall be utilized for storag e purposes only, with parameters for associated activities that are common to “car condo” units. Additionally, Condition #7 is recommended to limit outdoor amplified sound as is typically applied to higher intensity uses in proximity to residential neighborhoods. b. The effect of the proposed use would have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. The subject site faces US 41 and will be accessed from US 41 according to the applicant. To the south and west are residentially designated areas of Treviso Bay. Immediately west is a +/-40-foot wide tract owned by the Treviso Bay Property Owners Master Association beyond which are single family homes and a lake. To address the effect of the use in relation to noise, glare, or odor effects, limits should be considered on the design of the building and orientation of service or loading uses. Commercial architectural standards of the LDC will apply to the building design, and the applicant has provided an architectural rendering to indicate the building’s general appearance. Staff recommends Condition #8 that the building should be designed in general conformity with the image depicted on Attachment A-1, Treviso Bay Car Condos Conceptual Elevations by pkSTUDIOS dated May 4, 2022. The applicant also committed to a maximum zoned height of 35 feet and a maximum actual height of 45 feet, see Condition #9. Staff also recommends Condition #10 that lighting shall be shielded and directional to avoid glare on the neighboring Via Veneto subdivision. Hours of operation allowing for 24-hour access to units is less intrusive than the 24-hour operation that would be associated with gasoline service stations which are also a permitted use within the Commercial Area. As conditioned, the effect of the proposed indoor vehicle storage on neighboring 3.C.a Packet Pg. 150 Attachment: Staff Report Wentworth motor condos2 (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self Storage) PCUD-PL20220001501; Wentworth Estates – Indoor Self Storage Page 10 of 11 July 19, 2022 properties would be comparable or less than that of repair, automotive dealers, gasoline service stations, and automotive rental and leasing. See Attachment A for Conditions of Approval #1-10 that are intended to address the effect of the use on neighboring properties. 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 site is designated on the Future Land Use Map as Urban Coastal Fringe subdistrict in the Urban Mixed-Use District, and the proposed use is consistent because the Commercial Area was deemed consistent by policy. d. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. The purpose statement of the Commercial Area within the MPUD states: “Areas designated as Commercial Area on the Wentworth Estates PUD Master Plan are designed to accommodate a full range of commercial, retail and office uses designed to serve residents of the Wentworth Estates PUD and the immediate vicinity.” Of the sixteen categories of non-residential use groups that are listed as permitted, the following uses are indicative of the breadth and variety of type and intensity of currently permitted commercial uses, which are allowable in the C-4, C-5 or I Industrial Zoning Districts: New car dealerships (5511), Gasoline service stations (5541 with services and repairs), Miscellaneous repair shops (7622-7699), Car rental and leasing (7514), Amusement and recreation services (7911, 7922, 7933, 7991) and Membership organizations (8611-8661). As stated above, the proposed indoor vehicle storage is comparable to currently permitted uses in the Commercial Area of the Wentworth Estates MPUD. PUBLIC NOTICE Per LDC Section 10.03.06.O. and the Administrative Code, a newspaper advertisement is required for public hearing in accordance with F.S. § 125.66. The newspaper advertisement posted in the Naples Daily News on July 15, 2022 and July 22, 2022. Per the LDC and Administrative Code, a Comparable Use Determination petition does not require a Neighborhood Information Meeting, a mailing to surrounding property owners, or posting of a sign on the property. 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 3.C.a Packet Pg. 151 Attachment: Staff Report Wentworth motor condos2 (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self Storage) PCUD-PL20220001501; Wentworth Estates – Indoor Self Storage Page 11 of 11 July 19, 2022 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: Staff recommends that the Collier County Hearing Examiner determine that the proposed use is comparable and compatible with the Commercial permitted uses of Section 4.3 of the Wentworth Estates MPUD subject to conditions of approval in Attachment A and A-1. Attachments: A. Conditions of Approval A-1. Conceptual Design, Treviso Bay Car Condos Conceptual Elevations by pkSTUDIOS dated May 4, 2022 B. Ordinance Number 13-45 C. Applicant’s Back Up Material 3.C.a Packet Pg. 152 Attachment: Staff Report Wentworth motor condos2 (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self Storage) Attachment A Conditions of Approval PL20220001501 CUD Wentworth Estates – Indoor Self Storage Comparable Use Determination 1. This determination is for self-storage/ mini warehousing, indoor (4225, limited to vehicle storage). 2. Vehicle loading or unloading shall be accommodated on-site, and shall not be oriented toward the Via Veneto subdivision, and shall not be in any public right-of-way. 3. The use of metal roll-up garage doors located on the exterior of the perimeter buildings and walls of buildings which are visible from a public right-of-way is prohibited. 4. Access to individual units whether direct or indirect must be from the side of a building that is oriented internally. This shall not preclude any means of egress required by the Florida Building Code or Florida Fire Prevention Code. 5. No outdoor storage of any kind is permitted. 6. Storage units shall be utilized for storage purposes only, with allowance for the following uses within individual units: a. Storage of personal property such as automobiles, boats, recreational vehicles, with accessory furniture or other personal items. b. Minor maintenance of personal property which conforms to applicable regulatory standards for noise, vibration, glare, fumes or odors. c. Personal hobby and recreation, such as watching television, gaming, listening to music and similar uses. 7. No outdoor amplified sound is permitted (does not apply to personal electronic devices). 8. Building architecture shall be similar to the image depicted on Attachment A-1, Treviso Bay Car Condos Conceptual Elevations by pkSTUDIOS dated May 4, 2022. 9. Building height shall be limited to a maximum zoned height of 35 feet and a maximum actual height of 45 feet. 10. Lighting shall be shielded and directional to avoid glare on the Via Veneto subdivision. 3.C.b Packet Pg. 153 Attachment: Attachment A - Conditions of Approval2 (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self Storage) 3.C.cPacket Pg. 154Attachment: Attachment A-1 Arch Elevation Rendering (22851 : PL20220001501 PCUD Wentworth Estates FILED #43 ORDINANCE NO. 13- 45 2 ^2UNTY. FLORIDA 2013 JUN 214 AM 10:Mr ORDINANCE OF THE BOARD OF COUNTY CLERK OF COURTSCOMMISSIONERS OF COLLIER COUNTY, FLORIDA MENDING ORDINANCE NUMBER 03-51, AS AMENDED, THE WENTWORTH ESTATES MIXED PLANNED UNIT BY 'VL DEVELOPMENT (MPUD), BY INCREASING THE PERMISSIBLE NUMBER OF DWELLING UNITS FROM 1,200 TO 1,450; BY AMENDING ORDINANCE NUMBER 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 5.3± ACRES OF LAND ZONED RURAL AGRICULTURAL (A) TO THE WENTWORTH ESTATES MPUD; BY REVISING THE DEVELOPMENT STANDARDS TO MAKE CHANGES INCLUDING AN ELIMINATION OF THE MEDIUM HEIGHT DENSITY RESIDENTIAL USE WHICH ALLOWED 90 FEET IN ZONED BUILDING HEIGHTS AND AN INCREASE IN BUILDING HEIGHT FOR MEDIUM DENSITY RESIDENTIAL FROM 45 FEET ZONED HEIGHT TO 50 FEET ZONED HEIGHT; DEFINING ZONED HEIGHT AND ACTUAL HEIGHT; PROVIDING FOR DELETION OF EXHIBITS INCLUDING EXHIBIT "A" LOCATION MAP, EXHIBIT "B" BOUNDARY SKETCH AND LEGAL DESCRIPTION, EXHIBIT "C" EXISTING CONDITIONS MAP, EXHIBIT "D" TOPOGRAPHIC MAP, EXHIBIT "E" AREA WIDE COMMUNITY SERVICES MAP,EXHIBIT "F" AERIAL PHOTOGRAPH, EXHIB , G" PRELIMINARY DRAINAGE PLANS AND DETAILS, EXHIBIT; zzs H" PRELIMINARY SEWER PLANS, EXHIBIT 'if' PRELIMINARY WATER PLANS AND EXHIBIT "K" BALD EAG MANAGEMENT PLAN; BY AMENDING THE MASTER PLC:; AND ADDING EXHIBIT "A" DEVELOPMENT STANDARS EXHIBIT "B" MPUD MASTER PLAN, EXHIBIT "C" DEVIATI , AND EXHIBIT "D" WATER MANAGEMENT BASINS ` • REVISING DEVELOPER COMMITMENTS. THE PROPERT 'TS o, LOCATED ON THE SOUTHWEST SIDE OF TAMIAMI TRAIL EAST (US 41) APPROXIMATELY 1-1/4 MILES SOUTHEAST OF THE INTERSECTION OF TAMIAMI TRAIL EAST (US 41) AND RATTLESNAKE HAMMOCK ROAD (CR 864) IN SECTIONS 29,30, 31, 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTION 5, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 1563.84+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE.Petition #PUDA- PL20120001126) WHEREAS, Developer, LENNAR HOMES LLC, represented by Margaret Perry, AICP of WilsonMiller Stantec, and R. Bruce Anderson, Esquire of Roetzel & Andress, LPA, petitioned Wentworth Estates MPUD Page 1 of 2 PUDA-PL20120001126—Rev.5/06/13 3.C.d Packet Pg. 155 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self the Board of County Commissioners to amend the PUD and change the zoning classification of the additional herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Zoning Classification. The zoning classification of approximately 5.3± acres of the herein described real property located in Section 30, Township 50 South, Range 26 East, is changed from a Rural Agricultural zoning district to the Wentworth Mixed Use Planned Unit Development (MPUD) zoning district and when combined with the existing Wentworth RPUD provides for a 1,563.84± acre project in accordance with the revised PUD Document, attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this I ilk day of dliaLL. , 2013. ATTEST; ' ''''^ BOARD OF COUNTY COMMISSIONERS DWI_ I"E. BROC , CLERK COLL , R CO TY FLORIDA rJ+ : 1 By I I A P.A- i 1an's GE• AVA! ILLER, ESQ. si ,Stszd'6 s,Iy. J Chairwoman Appr ved as to form and legal sufficiency eidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A - PUD Document This ordinance filed with the CP112-CPS-01183\77 Secretory of tate's Office the clay of lekhlez_g-I _ and acknowledgement pf that Min. received this Z-` 'lday of s ' By A • I — Dovu Wentworth Estates MPUD Page 2 of 2 PUDA-PL20120001126—Rev. 5/06/13 AU 3.C.d Packet Pg. 156 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self WENTWORTH ESTATES A MIXED USE PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE WENTWORTH ESTATES PUD, A MIXED USE PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED BY: 1.4K,DEVELOPMENT CORPORATION 19275 W. CAPITOL DRIVE LENNAR HOMES, LLC. 10481 BEN C. PRATT SIX MILE CYPRESS PARKWAY FORT MYERS, FL 33912 PREPARED BY: CHRISTOPHER D. HAGEN, P.E. 2350 STANFORD COURT NAPLES, FLORIDA 34112 R. BRUCE ANDERSON ROETZEL &ANDRESS, L.P.A. 850 PARK SHORE DRIVE NAPLES, FL 34103 MARGARET PERRY, AICP WILSON MILLER STANTEC 3200 BAILEY LANE, #200 NAPLES, FL 34105 DATE REVIEWED BY CCPC 4/18/13 DATE REVIEWED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 1 of 51 Words strums are deletions,words underlined are additions. 3.C.d Packet Pg. 157 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self TABLE OF CONTENTS PAGE TABLE OF CONTENTS LIST OF EXHIBITS ii LIST OF TABLES iii STATEMENT OF COMPLIANCE iv-v SHORT TITLE vi SECTION I PROPERTY OWNERSHIP DESCRIPTION I-1 through I-6 SECTION II PROJECT DEVELOPMENT REQUIREMENTS II-1 through II- 16 SECTION III RESIDENTIAL AREAS III-1 through 1II-4 SECTION IV COMMERCIAL AREA IV-1 through IV-3 SECTION V COMM/RECREATIONAL/ GOLF COURSE AREAS V-1 through V-3 SECTION VI CONSERVATION/PRESERVE AREAS VI-1 SECTION VII DEVELOPMENT COMMITMENTS VII-1 through VII-1 1 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 2 of 51 Words struek-thfeugh are deletions,words underlined are additions. CA 3.C.d Packet Pg. 158 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self LIST OF EXHIBITS EXHIBIT A Location Map EXHIBIT B Boundary Sketch and Legal Description EXHIBIT BA Development Standards EXHIBIT C Existing Conditions Map EXHIBIT D Topographic Map EXHIBIT E Area Wide Community Services Map EXHIBIT F Aerial Photograph EXHIBIT G Preliminary Drainage Plans& Details EXHIBIT H Preliminary Sewer Plans EXHIBIT I Preliminary Water Plans EXHIBIT 3B MPUD Master Plan EXHIBIT C Deviations EXHIBIT K Bald Eagle Management Plan Document not provided. EXHIBIT D Water Management Basins EXHIBIT E Letter from Darin McMurray of Lennar Homes to Treviso Bay Homeowners dated April 8, 2013, including attachments ii Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 3 of 51 Words struck through are deletions,words underlined are additions. 3.C.d Packet Pg. 159 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 4 of 51 Words struck through are deletions,words underlined are additions. CAS 3.C.d Packet Pg. 160 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self STATEMENT OF COMPLIANCE The subject property consists of a total of 1,558.49 1,563.84+ acres of property in Collier County, Florida, and will be developed as a Planned Unit Development (PUD) to be known as the Wentworth Estates PUD. The proposed development will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. This PUD, formerly known as the Lely Lakes PUD in County Ordinance No. 98 85, includes preserve lands owned by the State of Florida which were part of the Lely Lakes PUD. The proposed PUD will consist of up to 85,000 square feet of commercial, up to -17-200 1,450 residential units with an 18-hole golf course and other amenities constructed in four phases.•• • The proposed residential, commercial and recreationalfacilitieswillbeconsistentwiththegrowthpolicies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1. The subject property is within the Urban Mixed-Use, Urban Coastal Fringe Sub-District as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 andPolicy5.3 of the Future Land Use Element. 2. The proposed residential density of the Wentworth Estates PUD is 9:7-7 0.93 dwellingunitsperacre (DU/A), including State-owned PUD lands and 446 1.39 DU/A excludingStatelandswhichineithercaseislessthanthemaximumdensityof3DU/A permitted by the Density Rating System and is therefore consistent with Future Land Use Element, Policy 5.1. 3. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. 4. The project development is compatible and complimentary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 5. Project improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 6. The project development will result in an efficient and economical extension of community facilities and services as required in Objective 3 of the Future Land Use Element and promotes the residential in-fill guidelines of the APA's Policies on Smart Growth. 7. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 8. The projected density 997 0.93 DU/A is in compliance with the Future Land Use Element of Growth Management Plan based on the following relationships to required criteria: iv Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 5 of 51 Words streeleugh are deletions,words underlined are additions. 3.C.d Packet Pg. 161 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self Base Density 4.0 units per acre (u.p.a.) Traffic Congestion Area Deduction 1.0 u.p.a. Permitted Density Based on FLUE 3.0 u.p.a. Density Rating System Wentworth Estates PUD Proposed Density Proposed Number of Units 1,427 1,450 Total Acreage of Subject Property 1,558.491,563.84 Environmental Preserve (Rookery Bay) 513.77) Gross Acreage of Development Area 1,044.72 1,050.07 Prepesed-Commercial (acres) 10.0) Net Residential Acreage 1,034.72 1,040.07 Proposed density (UP/A.) = 1,200 1,450 units/1,034.72 1,040.07—acres = 446 1.39 without State lands. Proposed density (UP/A.) = 1,200 1,450 units/1,548.49 1,553.84 acres =0 0.93 with State lands 9. The ten (10) acres designated as "Commercial Tract" on the Wentworth Estates PUD Master Plan is consistent with the Future Land Use Element (FLUE) of the Growth Management Plan pursuant to Policy 5.1 and 5.12. NOTE: The ten (10) acre Commercial Tract was previously part of a 64.8+1- acre light industrial and commercial PUD known as the Naples R&D Park at Lely PUDOrdinance88-89). In 1998, the Naples R&D Park at Lely PUD property was incorporated into the Lely Lakes Golf Resort PUD (Ordinance 98-85) and the ten (10) acre "Commercial Tract"property was deemed "Consistent by Policy" with the Growth Management Plan (Map FLUE-11). 10. The Wentworth Estates PUD is a residential golf course community with a commercial component, and is planned to encourage ingenuity, innovation and imagination in the planning, design and development of the project under unified ownership and control as set forth in the Collier County Land Development Code (LDC), Section 2.2.20.12.03.06, Planned Unit Development Districts. 11. The Wentworth Estates PUD is consistent with Policy 5.5 of the Future Land Use Element in that it represents the use and development of existing land zoned for urban intensity uses within the urban designated lands and avoids opening up new areas to development. 12. All final Local department orders and/or permits for the proposed Wentworth Estates PUD are subject to the Collier County Adequate Public Facilities Ordinance. v Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 6 of 51 Words strgh are deletions,words underlined are additions. C 1 3.C.d Packet Pg. 162 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self SHORT TITLE This ordinance shall be known and cited as the "WENTWORTH ESTATES MIXED USE PLANNED UNIT DEVELOPMENT ORDINANCE". vi Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 7of51 Words stfue4Ethfough are deletions,words underlined are additions. 3.C.d Packet Pg. 163 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Wentworth Estates PUD. • - - • hereto as Exhibit "C". 1.2 LEGAL DESCRIPTION The subject property being 1558.49 1,563.84+/- acres is described as: Description of Part of Sections 29, 30, 31, 32, Township 50 South, Range 26 East, and part of Section 5,Township 51 South,Range 26 East,Collier County, Florida Beginning at the northwest corner of said Section 30;thence along the north line of said Section 30, North 88°23'16" East 2491.52 feet; thence continue along the north line of said Section 30 North88°13'29" East 1636.98 feet to the southwesterly right-of-way of Tamiami Trail (US 41) (200' right-of-way); thence along said right-of-way South 39°03'42" East 2333.04 feet; thence leaving said right-of-way South 38°17'43" West 581.30 feet; thence North 89°34'42" West 348.55 feet; thence South 02°48'31" West 308.99 feet; thence South 88°28'28" West 30.00 feet to the east quarter corner of said Section 30; thence along the north line of those lands described in Official Records Book (OR Book) 105, pages 595-597 and OR Book 105, 592-594, Public Records of Collier County, Florida, South 87°14'44" West 683.13 feet; thence along the west line of said land described in OR Book 105, pages 592-594 South 00°20'37" West 672.63 feet; thence along the south line of said lands North 87°26'41" East 654.42 feet to the west line of Myrtle Cove Acres Unit No. 1 as recorded in Plat Book 3, page 38, Public Records of Collier County, Florida; thence along the west line of said Unit No. 1 South 02°45'35" West 1919.99 feet to the southeast corner of said Section 30;thence along the east line of said Section 31,South 02'45'30" West 2609.56 feet to the east quarter corner; thence continue along said east line of said Section 31, South 02°48'47" West 206.43 feet; thence leaving said east line North 59°56'01" East 2041.35 feet to the boundary of the plat of Trail Acres Unit 2, Plat Book 4, page 62, Collier County, Florida; thence along said plat boundary South 39'03'07" East 1309.16 feet; thence continue along said plat boundary North 50°55'09" East 762.41 feet; thence leaving said plat boundary South 39°04'51" East 430.46 feet; thence North 50°58'21" East 199.96 feet to the boundary of the plat of Trail Acres Unit 3, Plat Book 3, page 94, Collier County, Florida; thence along said plat boundary South 39°01'39" East 962.19 feet;thence continue along said plat boundary South 87°34'19" East 1003.95 feet to the east line of said Section 32; thence leaving said plat boundary and along said east line, South02°32'54" West 1912.12 feet to the southeast corner of said Section 32; thence along the south line of said Section 32, North 89°40'29" West 2625.95 feet to the south quarter corner of said Section 32; thence continuing along the south line of said Section 32,North 89°40'08" West 2625.60 feet to the southwest corner of said Section 32;thence continue along the south line of said Section 31, North 89°41'53" West 3792.19 feet to the boundary of that land described in OR Book 922 , pages 1710- 1712, Public Records of Collier County, Florida; thence leaving said South line and along said boundary North 00°18'07" East 440.00 feet; thence continue along said boundary North 89°41'53" West 346.42 feet to the intersection with the original meander line, resurveyed by the Bureau of Land Management(BLM) in 1967, described in OR Book 1143,pages 1325-1327, Public Records of Collier County, Florida; thence run along said meander line in the following seven described courses; I-1 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 8 of 51 Words struck through are deletions,words underlined are additions. 3.C.d Packet Pg. 164 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self 1)North 18'09'29" East 565.94 feet; 2)North 14°16'29" East 429.66 feet; 3)North 22°33'29" East 599.28 feet; 4)North 00°0979"East 428.34 feet; 5)North 21°08'31" West 598.62 feet; 6)North 39°26'31" West 456.72 feet; 7)North 81°41'31" West 382.14 feet to the west line of said Section 31; thence along the west line of Said Section 31, North 00°19'56" East 1515.12 feet to the northwest corner of said Section 31; thence along the west line of said Section 30, North 00°20'37" East 2685.56 feet to the west quarter corner of said Section 30; thence continue along the west line of said Section 30, North 00°22'18" East 2687.69 feet to the Point of Beginning; Containing 1378.15 acres,more or less. ALSO INCLUDING THE FOLLOWING The northwest quarter of the southeast quarter; and the south half of the north half of the northeast quarter of the southeast quarter; and the north half of the northeast quarter of the northeast quarter of the southeast quarter, and the north half of the northwest quarter of the northeast quarter of the southeast quarter, and the southeast quarter of the northeast quarter, all in Section 5,Township 51 South, Range 26 East, Collier County, Florida. ALSO INCLUDING THE FOLLOWING; The southwest one-quarter of the northeast one-quarter; and the northwest one-quarter of the northeast one-quarter of Section 5, Township 51 South, Range 26 East, Collier County, Florida. Containing 185.69 acres,more or less for a total net of 1558.49 acres more or less. Subject to easements and restrictions of record. Bearings are based on the south line of said Section 31 being North 89°41'53" West. t : .. . .. _ _ 1.3 PROPERTY OWNERSHIP Detailed ownership information is provided within the application for the Wentworth Estates PUD amendment project. The subject property is currently under the equitable ownership and control of the following entities: Nap orida-31113 3347 and Lennar Homes, LLC 10481 Ben C. Pratt Six Mile Cypress ParkwayFortMyers, FL 33912 I-2 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 9of51 Words stfuele-thfeugh are deletions,words underlined are additions. CA 3.C.d Packet Pg. 165 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self 8825 T.,.«:......• T l Est Naples Florid., 34113 3347 and TIITF/State of Florida- Owner Department of Natural Resources Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-6575 an4 19275_31 . Ca 1 , e Brookfiela 4144-304-5 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A The project site is located in Sections 29, 30, 31 and 32, Township 50 South, Range 26 East and Section 05, Township 51 South, Range 26 East, Collier County, Florida. Although the project covers several sections of land, the main project entrance is located on the southwest side of Tamiami Trail East (U.S. 41) approximately 1 1/4 miles southeast of the intersection of Tamiami Trail East and Rattlesnake Hammock Road (C.R. 864). Access to the property will also be via Southwest Boulevard. See Location Map attached hereto as "Exhibit A" for property`-leeation. Ordinance No. 98 85." 1.5 PHYSICAL DESCRIPTION The site is generally bordered on the west by PUD zoned (Sabal Bay PUD) (Collier DR-1-), undeveloped property; on the north by U.S. 41; on the east by the Micelli PUD, platted and developed homesites, zoned RSF-4, RMF-6, and RSF-3, and agriculturally zoned and unplatted property; and on the south, undeveloped and environmentally sensitive lands, zoned A/ST. Portions of the site have been altered through past and current agricultural uses. Other portions of the site are environmentally sensitive. • • . .. . . - _ The subject property contains a variety of I-3 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 10 of 51 Words stntelE-thfeugh are deletions,words underlined are additions. 3.C.d Packet Pg. 166 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self vegetative communities, including cropland and pastures, woodland pastures, pine flatwoods, coastal scrub, palmetto prairies, mangrove swamps, cypress, saltwater marsh and mangroves. • The soil types on the site generally include Basinger fine sand; Boca fine sand, Boca, Riviera, limestone substratum and Copeland fine sand, depressional; Immokalee fine sand; Jupiter Boca complex; Ochopee fine sand loam; Oldsmar fine sand, limestone substratum; Paola fine sand; Pennsucco soil; Chobee, Winder and Gator soils, depressional; Durbin and Wulfert Mucks; Ft. Drum and Malabar high, fine sand; Hilolo limestone substratum, Jupiter and Margate soils; Holopaw fine sand, limestone substratum; Pomello fine sand; Satellite fine sand; and Winder, Riviera, limestone substratum and Chobee soils, depressional. This information was derived from the Soil Survey of Collier County, Florida. Elevations within the site range from +1.0' NGVD to +15.5' NGVD. Per FEMA Firm Map Panels No. 120067 0603H 605 E and 615 E, dated August 3, 1992 May 16, 2012, the Wentworth Estates PUD is located within Zones "AE" (EL8EL6 and EL7 NAVD) of the FEMA flood insurance rate map. Topographic mapping is shown on Exhibit "D" attached hereto. The project site is located within the Naples Manor Drainage Basin, of the Collier County Water Management District No. 6, as depicted on the Collier County Drainage Atlas. Each o f t e f w The development area has been divided into seven separate major water management basins Each of the water management basins will provide water quality treatment to 150% of standard required by the South Florida Water Management District because of the project's discharge into an Outstanding Florida Water (Rookery Bay National Estuarine Preserve). This will be accommodated by collection and treatment of stormwater in wet detention lakes and other systems before discharge into the adjoining wetland preserves and/or outfall canals. These basins will be designed so as to provide water quality treatment and storm attenuation. Best Management Practices (BMPs) such as grassy swales, inlet inserts, detention inlets, etc. will also be used where appropriate to accomplish this. Stormwater will be collected through the use of open grass swales, curbs, gutters and inlets that will direct stormwater into water management areas. These will all be interconnected in each basin with multiple discharges at structures to distribute the flow to the adjoining wetlands and off-site canals. The water control structure sizes and flow rates will be coordinated with the environmental permitting agencies so as to provide flood protection and rehydrate wetland preserve areas throughout the project and off-site. The staging of the water management basins also will be set so as to prevent saltwater intrusion and will maintain the freshwater/saltwater zones in the area. The staging will be as follows: t : •- • . _ . -- I-4 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 11 of 51 Words stye#-threugh are deletions,words underlined are additions. Cr\( 3.C.d Packet Pg. 167 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self r4 Basins A and AA: Basin A will be staged with a control elevation of+4.0 NGVD. Basin AA will be staged with the highest water control elevation of+4.0 NGVD. Discharges from these Basins will be into the east end of the central wetland slough preserve and east end of the northwestern wetland slough preserve. These discharge locations will be located so as to maximize hydrology for the preserve areas and provide flood protection throughout both basins. There is a central wetland preserve that will be accommodated on the north side of the main boulevard. The water control elevations of +3.5 and +4.0 NGVD are to maintain the viability of this wetland preserve within the Basin. Final discharge locations configurations and flows will be negotiated with the permitting agencies so as to improve the wetland preserve areas while maintaining flood protection. B. Basin B: The Tract B Basin B will be staged with a water control elevation of+3.0 NGVD. Discharges from this Basin will be into the central wetland slough preserve and into the off-site canal along the western property line of the project. This will be managed so as to provide water to the wetland preserve during low flows and for maintaining the wetland preserve viability. High flows will be directed to the canal for on-site Tract B flood protection. Lake control elevations are is-set to maintain the hydraulic gradient from north to south and east to west across the site. C. Basins C and CC: Basin C will be staged with a water control elevation of+3.0 NGVD, Basin CC will be staged with a water control elevation of+3.5 NGVD. Discharges from these Basins will be into the central wetland slough preserve and into the Rookery Bay wetlands along the southern property line of the_project. This will be managed so as to provide water to the wetland preserve during low flows and for maintaining the wetland preserve viability. High flows will be directed to the south for on-site flood protection. Lake control elevations are set to maintain the hydraulic gradient from north to south and east to west across the site. D. D. !• I-5 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 12of51 Words struck gh are deletions,words underlined are additions.L- 3.C.d Packet Pg. 168 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self D. Basins D and DD: Basin D will be staged with a water control elevation of+3.0 NGVD and Basin DD will be staged with a water control elevation of+3.5. Discharges from these basins will be into the Rookery Bay wetlands along the southern property line of the project. This will be managed so as to provide water to the wetland preserve during low flows and for maintaining the wetland preserve viability. High flows will be directed to the south for on-site flood protection. Lake control elevations are set to maintain the hydraulic gradient from north. I-6 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 13 of 51 Words struck-through are deletions,words underlined are additions. N(1 3.C.d Packet Pg. 169 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development for the Wentworth Estates PUD and its relationship to applicable County ordinances, the respective land uses of the areas tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Wentworth Estates PUD shall be in accordance with the contents of this Document, the PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of site development plan approval except for approved deviations in Exhibit C. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply, B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of subdivision construction plan or site development plan approval, as appropriate. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Wentworth Estates PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD the provisions of the Land Development Code remain in full force and effect with respect to the development of the land, which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Section 6.02.00. Adequate Public Facilities. F. : . .•-_ - D• 5 . requirements. The building height shall be measured from such required II-1 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001 126 Page 14 of 51 Words struck-thfeugh are deletions,words underlined are additions. 3.C.d Packet Pg. 170 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USE A. The Wentworth Estates PUD will be developed as an upscale residential golf course community featuring up to-1,2001,450 residential units, up to 85,000 square feet of commercial uses, and an 18-hole golf course with associated amenities. The subject property consists of a total of 1,558.49 1,563.84+ acres, of which only 1,044.721,050.07+ acres will be impacted by the proposed development. The remaining 513.77+ acres have been set aside for conservation purposes (as described in more detail later in Section 2.4 of this Document) in addition to the required on-site conservation areas. See Section 7.2 of Section VII, Development Commitments for detail. The project Master Plan, including layout of streets and use of land for the various areas tracts, is illustrated graphically by Exhibit "JB", PUD Master Plan (3E1 WM File No. 20023136215610972). A Land Use Summary, Unit Phasing Schedule, and Density Breakdown are shown on the Plan. There shall be five (5) project tracts including four residential tracts (Tracts A, B, C, D) and a tcn (10) acro commercial tra tEr-In--addition, tThe necessary water management lakes, open space, conservation lands, street rights-of-way, the general configuration which are also illustrated by Exhibit "JB" are also included within the project. The location, size and configuration of individual areas tracts and lots shall be determined at the time of final site development plan and/or preliminary subdivision plat approval. Minor adjustments may be made at the time of final plat approval in accordance with Sections 3.2.710.02.03 and 3.3.7 10.02.04 of the Collier County Land Development Code(LDC). There is also a ten (10) acre commercial area proposed within the project that will provide service and retail shopping opportunities for the residents of the Wentworth Estates PUD. This commercial area may also provide opportunities for other residents in the immediate area. This commercial area is a continuation of the commercial tract approved at the same location in the previously approved Lely Lakes Golf Resort PUD. The proposed development will meet all required open space and recreational requirements on site. - - . . : -• !: • - - - - . - - - - - - t1('-ent-ir( to ill be et aside I1-2 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 15 of 51 i_ Words struck through are deletions,words underlined are additions. 3.C.d Packet Pg. 171 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self B. Areas illustrated as lakes, on Exhibit "JB", shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. These areas, i.e. lakes, intermittent wet and dry areas, may be in the same general configuration as shown by Exhibit JB". Minor modification to all areas tr-aets, lakes or other boundaries may be permitted at the time of preliminary subdivision plat or site development plan approval, subject to the provisions of Sections 310.02.03 and 2.7.3.510.02.04 respectively, of the Collier County Land Development Code, or as otherwise permitted by this PUD Document. C. In addition to the various areas and specific items shown in Exhibit "JB", such as easements, as necessary (utility, private, semi-public, etc.) shall be established within or along the various areas tr-acts as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE The proposed project consists of up to a maximum of 1,200 1,450 single and multi- family residential units, up to 85,000 square feet of commercial uses and an 18-hole golf course with the associated amenities on approximately 1,014.72 1,050.07+ acres without State lands or 1,518.49 1,563.84+acres with State lands. Residential There will be a mixture of single family and multi-family residential units located throughout the proposed development. The proposed product types may include standard single-family attached and detached, zero lot line, hemesites, twe-family duplexes, estate homesites, detached and attached villas, town houseshemes, eaffiage homes, coachho^'es ( and other similar styles of housing), and multi-family and cluster housing: feet-in-height. Pursuant to the Density Rating System, this project is eligible for a base density of four 4) dwelling units per acre (DU/A). No density bonuses are applicable. The project is also located within a Traffic Congestion Area, as depicted on the Future Land Use Map and described in the Future Land Use Element. As such, the project is subject to a one 1) DU/A reduction from the base density of four (4) DU/A and is not eligible for any density bonuses. Therefore, this project is limited to a maximum of three (3) DU/A under the Density Rating System. The project is proposing the development of a maximum of200 1,450 residential dwelling units, consisting of single- and multi-family dwelling units, to be constructed en-feuf-traets. The gross project area, less acreage devoted to commercial purposes, is1,034.72 1,040.07+ without State lands or 1,548.19 1,553.84 acres + with State lands. The proposed density for the residential potion of the project is- 6 1.39 DU/A without State lands or .077 0.93 DU/A with State lands. I1-3 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 16 of 51 Words e are deletions,words underlined are additions. 1'` 3.C.d Packet Pg. 172 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self The residential component of the proposed development will consist of low-density residential (LDR) featuring single family attached and detached, zero lot line and duplex units; and medium-density residential (MDR) featuring single-family attached and detached, zero lot line, duplex, multi—family, townhouse and / to=•n Ouse multi f^ il• it'^ cluster homes: cxcccd 90 feet in height. Commercial The proposed project will contain up to a maximum of 85,000 square feet of commercial uses on approximately ten (10) acres of the site as depicted on the PUD Master Plan, Exhibit "J13". The PUD was originally approved in 1991 and amended in 1998, for 749 dwelling units and ten (10) acres of commercial development. Future Land Use Element Policy 5.1, provides that property zoned prior to the adoption of the Comprehensive Plan and found to be consistent through the Zoning Re-evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as properties "Consistent by Policy." Zoning changes will be permitted to these properties, and to other properties deemed consistent with the Future Land Use Element via Policies 5.9 through 5.12, provided the number of dwelling units and overall intensity of the development allowed by the new zoning district, except as allowed in Policy 5.11, are not increased. The 10-acre commercial tractarea in this PUD was previously found to be consistent with the Future Land Use via Policy 5.1 and 5.11. This PUD rezone does not increase the intensity of development on the 10-acre tcaet commercial area. Common/Recreational/Golf Course Areas (CRGA) The proposed development will meet all required open space and recreational requirements on-site. Included in the development are common areas, open space, water management areas, nature preserves, boardwalks, recreational facilities, and an 18-hole golf course and associated clubhouse and pro shop. In addition to the on-site features, over 500 acres of the original PUD have been sold to the State of Florida to be managed as part of the Rookery Bay National Estuarine Research Reserve (RBNERR). The land sold to RBNERR includes 513+ acres located immediately south of the north parcel and west of the south parcel, including the lands between the two parcels. Currently, the land is being managed by RBNERR as part of its reserve. F Flo ida.. II-4 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 17of51 Words stfuslt-thceugh are deletions,words underlined are additions. IC- 3.C.d Packet Pg. 173 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self B. Exhibit "J", PUD Master Plan, constitutes the required PUD development plan. laws of the State of Flori a L. • • he..development order, E. Appropriate instruments will be provided at the time of infrastructure 2.56 MODEL HOMES/SALES CENTERS/SALES OFFICES/ CONSTRUCTION OFFICES/CONSTRUCTION OFFICES FACILITIES Model homes, sales centers, sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, docks, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout the Wentworth Estates PUD. These uses may be either "wet" or "dry" facilities and shall be subject to the requirements of Section 2.6.33.1Section 5.04.04 of the Land Development Code, with the exception that the• temporary use permit shall be valid •. •for ten years with no extension of the temporary use required. No model can remain for more than ten years without securing Conditional Use, or its successor process approval. This is a deviation to LDC section 5.04.04.B4. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under Rule 10D-664E-6 of the Florida Administrative Code and may use potable or irrigation wells. A. Both "wet" and "dry" models may be constructed following plat approval, prior to recording of the plat. Location is limited to future, platted medium density• residential, or low density residential: • - :•. --•= : - - lots or areas tracts. The project owner must apply for permits for all models. B. The models permitted as "dry models" shall obtain a conditional certificate of occupancy for model purposes only. The "wet" model may not be occupied until a permanent certificate of occupancy is issued. II-5 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 18of51 yWordssl are deletions,words underlined are additions. 3.C.d Packet Pg. 174 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self C. The "wet" model may be served by a temporary utility system with ultimate connection to the central system. Interior fire protection facilities in accordance with NFPA requirements required unless a permanent water system is available. A water management plan shall be provided which accommodates the runoff from the model home, parking, access road/driveway and other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master water management system for the entire development. D. All other regulations pertaining to model homes shall be consistent with Section 2.6.33.4 5.04.04 of the Land Development Code. 9 2.68 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest of all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a property owners' association and/or community development district whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8.10.02.13.L- I . , , _• ! _• _ I 19. I _ I PLAN D a . - ' - ! Surface Water Management Plan as provided in Section 2.7.3.5 of the Land Development-Cede, developer, N. .. Documcni.III 6 II-6 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 19 of 51 9 Words stfuek4hreugh are deletions,words underlined are additions. 3.C.d Packet Pg. 175 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self PUD. peints-te-the-PUDT the c tier a 1 :.-.-*-: D. • .. 2.710 COMMON AREA MAINTENANCE Most common area maintenance will be provided by a property owners' association and/or community development district. The developer will create a property owners' association or associations and/or community development district whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The property owners' association and/or community development district shall be responsible for the operation, maintenance and management of the surface water systems and preserves serving the Wentworth Estates PUD in accordance with the provisions of Collier County Land Development Code together with any applicable permits from the South Florida Water Management District. 2.844-LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Wentworth Estates PUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms shall be 4:1 II-7 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 20 of 51 j Words struck refit are deletions,words underlined are additions. 3.C.d Packet Pg. 176 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self 2. Ground covered berms shall be 3:1 3. Rip-rap berms shall be 1:1 and occupy no more than 30%of the buffer width. 4. Structural walled berms may be vertical if located at the edge furthest from the property edge of the landscape buffer. B. Fence or wall maximum height: Seven feet (7'), •--... .. . . . -- .• - . 5 : 5 . . - - . •. • . • • • i s a deviation from LDC Section 5.03.02.C. If the fence or wall is constructed on a landscaped berm, the wall shall not exceed six feet (6') in height from the top of berm elevation for berm elevations with an average side slope of 4:1 or less, and shall not exceed six feet (6') in height from the top of berm elevation for berms with an average side slope of greater than 4:1 (i.e. 3:1). C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Wentworth Estates PUD boundary prior to preliminary subdivision plat and site development plan submittal. All such areas shall be included in a landscape easement or tract depicted on the final plat, or identified in a separate recorded instrument. D. apply: 7D. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be allowed in landscape buffers per Division 2.^ Section 4.06.00 of the Land Development Code. F. E. Landscape berms located within the Wentworth Estates PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located five feet (5') from the property line and/or right-of-way line. In wetland areas, small water management berms may be exempt from this requirement in an effort to reduce wetland impacts. F. The developer, its successors and assigns shall provide a landscape buffer, meeting the requirements of a minimum Type A, on the west side of the Florida Power and Light easement shown on Exhibit B, between the developable areas located east and west of the Florida Power and Light easement. The buffer will be incorporated into each Site Development Plan or Subdivision Plat approval, whichever is applicable, for the abutting west-side parcels. II-8 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 21 of 51 Words struelsough are deletions,words underlined are additions. r 3.C.d Packet Pg. 177 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self 2.94-2 FILL STORAGE Fill storage is generally allowed throughout the Wentworth Estates PUD. Fill material generated from other properties owned or leased by the developer may be transported and stockpiled within areas which have been disturbed/farmed. Prior to stockpiling in these locations, the developer shall notify the County Manager or his designee. The following standards shall apply: A. Stockpile maximum side slope: 2:1 B. Stockpile maximum height: Thirty feet(30') C. Fill storage areas in excess of six feet(6') in height shall be located no closer than one hundred feet(100') from any existing residential unit or residential unit under construction. This excludes fill storage areas associated with the Lel-y Basin LASIP drainage improvements. D. Soil erosion control shall be min accordance with Division 3.7.the Excavation Ordinance.of the T and Development Cod° l Cede; 2.1014 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of preliminary subdivision plats for the project may be accomplished in phases to correspond with the planned development of the property. 11-9 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 22 of 51 Words stmek-threugh are deletions,words underlined are additions. 1C! 3.C.d Packet Pg. 178 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self 2.1146 GENERAL PERMITTED USES AND STRUCTURES Certain uses shall be considered general permitted uses and structures throughout the Wentworth Estates PUD except in the Conservation Area. General permitted uses and structures are those uses which generally serve the developer and residents of the Wentworth Estates PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses and Structures: 1.Essential services as set forth under Section 2.6.9.12.01.03, Land Development Code. 2.Water management facilities and related structures. 3.Temporary sewage treatment and disposal facilities. 4.Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5.Guardhouses, gatehouses, and access control structures. 6.Community and neighborhood parks, recreational facilities. 7.Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8.Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. 9.Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Board of Zoning Appeals. B. Development Standards: Unless otherwise set forth in Table-1 Exhibit "A" of this Document, the following development standards shall apply to structures: 1. Setback from back of curb of any roadway shall be a minimum of fifteen feet 15') except for guardhouses and access control structures which shall have no required setbacks. I1-10 2. Sidewalks and bike paths may occur within County required buffers per Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 23 of 51 Words struck through are deletions,words underlined are additions. lt 3.C.d Packet Pg. 179 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self Division 2.1.Section 4.06.00 of the Land Development Code. 3. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the adopted Wentworth Estates PUD design guidelines and standards, are to be in accordance with Land Development Code in effect at the time of site development plan approval. 2.121-7 OPEN SPACE REQUIREMENTS The PUD Master Plan identifies Conservation Areas, golf course/open space, lakes, and buffers which are all permitted to be calculated as open space. These areas fully satisfy the 60%30% open space requirements of Section 2.6.32. 4.07.02.G. of the Land Development Code. 2.1318 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, twenty-five percent (25%) of the viable naturally functioning native vegetation on site shall be retained. The f llowing table 2.-; • . 2. The required native vegetation retention• acres is 258.68 (1034.72 x 25%). The MPUD master plan provides 291.94 acres of preserve or 28% native vegetation retention. r icaoNti c Ac -9-i=rC9 Set side Tract A 97.62 Tr-act-13 1-1-9.86 Tract C 48.83 Tract D 41.10 Total:307.41 Acres Percentage— 307.41/1,034.72 29.71% 2.141-9 SIGNAGE A. GENERAL 1.All Collier County sign regulations, pursuant to Division 2.5Section 5.06.00, Signs, of the Land Development Code in force at the time of sign permit application shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2.For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. I1-11 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 24 of 51 Words st+aek-through are deletions,words underlined are additions. 01 3.C.d Packet Pg. 180 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self 3.Signs shall be permitted in public or private rights-of-way subject to the approval of a Collier County right-of-way permit, where applicable. 4.All signs shall be located so as not to cause sight line obstructions. 5.All internal project rights-of-way may be utilized for decorative landscaped entrance features and signage subject to review and approval of the Planning Services Department for consistency with the requirements set forth herein. All project and development signage adjacent to and/or visible from any dedicated County or State right-of-way shall be developed in accordance with the Land Development Code, Di*isien-2.5Section 5.06.00, Signs. B. BOUNDARY MARKERS 1.One boundary marker or monument may be located at each property corner adjacent to the U.S. 41 right-of-way and one boundary marker or monument may be located at each property corner adjacent to Southwest Boulevard. The boundary marker may contain the name of the subdivision and the insignia or motto of the development. 2.The sign face area may not exceed 60 square feet in area and may not exceed the height or length of the monument upon which is located. If the sign is two- sided, each sign may not exceed 60 square feet in area. 3.Sign face square footage is calculated by total square footage of name, insignia, and motto only. 4.The setback from the U.S. 41 right-of-way and any perimeter property line shall be 10 feet. C. ENTRANCE SIGNS 1. Two (2) ground or wall-mounted entrance signs may be located at each entrance to the subdivision within the PUD. Such signs may contain the name of the subdivision and the insignia or motto of the development. 2. No sign face area may exceed 120 square feet and the total sign face area of entrance signs at each entrance may not exceed 240 square feet. If the sign is a single, two-sided sign, each sign face may not exceed 120 square feet in area. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. This is a deviation from LDC Section 5.06.02.B.6 which allows 64 square feet total sign area. 3. The setback for the signs from the U.S. 41 right-of-way and any perimeter property line shall be 10 feet. II-12 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001 126 Page 25 of 51 Words stfask-through are deletions,words underlined are additions. 3.C.d Packet Pg. 181 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self 4. Entrance signs may not exceed a height of 8 feet above the finished ground level of the sign site. For the purpose of this provision, finished grade shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest road unless the wall or monument is constructed on a perimeter landscape berm. D. TEMPORARY SIGNS 1. Two double-sided temporary signs may be permitted and may consist of the following types: project identification, boundary marker, real estate, sales center identification, and directional. 2. Each sign may not exceed 80 square feet in area. If the sign is two-sided, each sign face may not exceed 80 square feet in area. 3. The setback for temporary signs from U.S. 41 rights-of-way and any perimeter property line shall be 15 feet. 4. Temporary signs may not exceed 8 feet in height above the finished ground level of the centerline of the nearest road. 5. Temporary signs may remain in place simultaneously with permanent signage until the project reaches 9074% build-out. E. CONSTRUCTION ENTRANCE SIGNS 1.One sign, a maximum of 20 square feet in size, shall be permitted at each construction entrance to identify the entrance as such. No building permit is required. This is a deviation from LDC Section 5.06.02.B.4 which allows 12 square feet in size. 2.Employment signs a maximum of 20 square feet in size may be located at each construction entrance to advertise for construction trade employment. No building permit is required. This is a deviation from LDC Section 5.06.02.B.4 which allows 12 square feet in size. F. INTERNAL SIGNS 1.Residential directional or identification signs may be allowed internal to the development. Such signs may be used to identify the location or direction of approved uses such as, but not limited to, models or model sales centers, clubhouse, recreational areas. Individual signs may be a maximum of 4 square feet per side in size. Signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 24 square feet per side. All of these signs shall be a maximum height of 8 feet. 2.Real estate signs with a maximum size of 4 square feet per side may be permitted in residential districts. Such signs may advertise "For Sale", "Sold To", "Lot#", or similar verbiage. No building permit is required. II-13 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 26 of 51 Words struck-through are deletions,words underlined are additions. 9 3.C.d Packet Pg. 182 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self 3.Special event signs not exceeding 32 square feet per side in size may be displayed to announce or advertise such temporary uses as open houses, community fairs, or programs or any charitable, or educational event. Special event signs shall be erected not more than 14 days preceding the event and shall be removed within 72 hours of completion of the event. Such signs shall be located no closer than 10 feet to any property line. No building permit is required. 4.Grand opening signs: The developer may display an on-site grand opening sign not exceeding 32 square feet on a side and not exceeding 64 square feet total. Any banner signs shall be anchored and may be displayed on-site for a period not exceeding 14 days within the first three months that the occupant is open for business. No building permit is required G. COMMERCIAL SIGNS Commercial signs within the commercial area shall be erected consistent with provision of the Collier County Land Development Code Division 2.5, Signs. The maximum allowable display area for signs may not be more than 20 percent of the total square footage of the visual facade of the building to which the sign will be attached and may not, in any case, exceed the maximum square footage permitted in Subsection 2.5.5.2.5.2Section 5.06.00 of the Land Development Code. H. TRAFFIC SIGNS Traffic signs, such as street signs, stop signs and speed limit signs, may be designed to reflect a common architectural theme. The placement and size of the signs will be in accordance with the Collier County Land Development Code. 2.1520 SIDEWALK/BIKE PATHS A. Estates PUD The developer, its successors and assigns, shall provide sidewalks/bike paths as follows: 1.A sidewalk/bikepath/jogging/golf cart network will be integrated throughout the entire site including Residential, Golf Course/Open Space, and Conservation Districts. 2.An internal pedestrian lane or a combination of sidewalks, walking paths, boardwalks or cart paths will be provided throughout the project. 3.Construct a four foot (4') bike lane and a five foot (5') sidewalk along the main spine road for all future development west of the Florida Power and Light transmission line easement as shown on Exhibit B. I1-14 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 27 of 51 Words straw are deletions,words underlined are additions. t} 3.C.d Packet Pg. 183 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self B. The developer reserves the right to request substitutions to Land Development Code sidewalk/bikepath design standards in accordance with Section 6.06.02.A.4 3.2.7.2 thereof. 2.1622 COMMUNITY DEVELOPMENT DISTRICT A. The developer hasmay elect to established the Wentworth Estates Community Development District to provide and maintain infrastructure and community facilities needed to serve the project. The CDD may-constitutes a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed by the CDD shall be subject to, and shall not be inconsistent with the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of the Wentworth Estates PUD. B. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District pursuant to Sections 190.006 through 190.041, Florida Statutes. Such a district may be a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. 2.1723 ROADWAYS A. If the developer so elects, roadways within the Wentworth Estates PUD may be included as one of the CDD provided infrastructure improvements. Standards for roads shall be in compliance with the applicable provisions of the Land Development Code, unless otherwise modified, waived, or excepted by this PUD Document or approved during preliminary subdivision plat approval. The The developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the developer on all privately owned and maintained project roadways and roadways built and/or maintained by the Wentworth Estates CDD, if applicable. II-15 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 28 of 51 Words strums are deletions,words underlined are additions. t\ O 3.C.d Packet Pg. 184 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self B. Roadways within the Wentworth Estates PUD shall be designed and constructed in accordance with Section 3.2.8 6.06.01 of the Collier County Land Development Code with the following substitutions. 1.Street right-of-way width: The minimum right-of-way width to be utilized for local streets within the Wentworth Estates PUD shall be fifty(50') feet. 3:2. Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. 43.—Reverse curves: Tangents shall not be required between reverse curves on any project streets. 4.Length of cul-de-sacs: allow cul-de-sacs in excess of 1,000 feet and up to 2500 feet in the MPUD (throughout). The developer shall provide internal looping of water mains, subject to review and approval by the Collier County Utilities staff. The developer shall provide a water main connection between the two "LDR" areas at the north end of the property, through the FPL easement north of the roadway (Treviso Bay Drive) shown on the MPUD Master Plan. The developer, or successors and assigns, shall provide a stabilized emergency vehicle turn-around, meeting local fire prevention code criteria, approximately midway along a cul-de-sac that is over 1,000 feet in length. 2.1824 USE OF RIGHT-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entrance ways and signage shall be allowed subject to review and administrative approval by the developer and the Collier County Development Transportation Services Director for engineering and safety considerations during the development review process and prior to any installations. 2.19 LAKE SETBACK AND EXCAVATION The lake setback requirements described in the Excavation Ordinance Section 3.5.7.1 of the Land Development Code may be reduced with the administrative approval of the Collier County Planning Services Director. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in the Excavation Ordinance. . - a !!I II-16 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20I2000I 126 Page 29 of 51 Words struck ough are deletions,words underlined are additions. 3.C.d Packet Pg. 185 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self SECTION III RESIDENTIAL AREAS 3.1 PURPOSE The purpose of this Section is to identify specific development standards for Residential Areas within the Wentworth Estates PUD designated on Exhibit "I-B" as Tracts A, B, C, ate. 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units shall not exceed 1,450. There are two types of general residential dwelling units. TROT NUMBER RESIDENTIAL OATS A 330 MDRrMHDR 246 G 2-84 D 343 1.14Rr MHDR Total 1,200 LDR- Single family attached, single family detached, zero lot line, duplex. MDR- Single family attached, single family detached, zero lot line, duplex, multi-family, townhouse, cluster housing. MDR-2 Single family attached, single family detached, zero lot line, duplex, multi-family, townhouse, cluster housing. The PUD Master Plan, Exhibit "3B", attached hereto, and this PUD Document provide a depiction of the Residential TraetsAreas. At the time of final subdivision plan approval for each phase, the exact location, type and number of the MDR and LDR units in each area cast will be determined by the developer. The areas depicted as MDR-2 on Exhibit B arelimitedtotwostoriesinheight. 6- = - ! ' . . •- . . • - • • .• _ . 3.3 GENERAL DESCRIPTION Areas designated as residential on the Master Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated as residential is 1,031.72 1040.07+ acres. This acreage is based on conceptual designs and is approximate, Actual acreages of all development areas tract-will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division-3.3, and Divisio- 34Sections 10.02.03 and 10.02.04 respectively, of the Land Development Code. Residential areas tracts are designed to accommodate internal roadways, open spaces, and other similar uses found in residential areas. III-1 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 30 of 51 Words struck t rough are deletions,words underlined are additions. 3.C.d Packet Pg. 186 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self The residential component of the development will consist of low density residential LDR);and medium density residential (MDR .. . .•. • • - • • - . - M1-ID ` distr: ' . The LDR and MDR areasdistriets may include any of the principal uses listed below, - - . . - - • ! . . --•- - - - . . -•- - Provided that• the maximum number of dwelling units approved is not exceeded, the developer may construct interchange the LDR dwelling unit types among-in the LDR; and MDR-and MHDR areasdistricts. The development standards associated with the dwelling unit types allowed in LDR and MDR areasdistricts, respectively, shall be applied when a dwelling unit type is transferred among the areasdistriets. In the case where a dwelling unit type is allowed in both LDR and MDR areasdistriets, the more restrictive development standards shall apply, if different. Dwelling unit types shall be the same within a development areatraet with landscape buffers between areas tracts and in conformity with Division-2,4 Section 4.06.00 of the Land Development Code, except as provided for in the deviations, attached hereto as Exhibit C. 3.4 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single family detached dwelling units. 2. Single family attached townhouse dwelling units. 3. Duplex dwelling units. 5,4. Zero lot line dwelling units. 6: 5.Multi-family dwelling units (detached--and—attached vil , housing-types), 6. Townhouse dwelling units. 7. Cluster housing: The clustering or grouping of housing structure types identified in Section 3.3 of this Document may be permitted on parcels of land under unified ownership, or as may be otherwise provided in Section 2.6.27 4.02.04. and Section 2.6.36 of the Collier County Land Development Code, subject further to the provisions ofDi;T;io;-3,3 Section 10.02.03 of the Collier County Land Development Code and Table I Exhibit "A" of this Document. III-2 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 31 of 51 Words struele-through are deletions,words underlined are additions. clit 3.C.d Packet Pg. 187 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self 8. Family care facilities. 9. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Board of Zoning Appeals. B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in residential areasdistFicts, including but not limited to recreational facilities designed to serve residents of the principal structure. 2. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to, golf course, clubhouse and maintenance facility, pools, community center building, tennis facilities,parks, playgrounds and play fields. 3. Any other accessory use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Board of Zoning Appeals. 3.5 DEVELOPMENT STANDARDS A. Exhibit "A" Table-1- sets forth the development standards for land uses with the Wentworth Estates PUD residential area. B. Site development standards for single-family, single-family attached, duplex, and zero lot line, twe4amilyr and-town-home uses apply to individual residential lot boundaries. Multi-family, townhouse and cluster housing standards apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the adopted Wentworth Estates PUD design guidelines and standards, are to be in accordance with Land Development Code in effect at the time of site development plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Exhibit "A" Table 1 shall be in accordance with the standards of the zoning district which is most similar to the proposed use. E In the case of residential structures with a common architectural theme, required property development regulations of Table I Exhibit "A" may be waived or reduced provided a site plan is approved by the Growth Management) ing Service" Director Administrator or his designee, in accordance with the criteria contained in III-3 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 32 of 51 Words struck are deletions,words underlined are additions. 3.C.d Packet Pg. 188 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self Sections 2.6.27.1.6.1 4.02.04.F. through 2.6.27.4.6.3 of the Land Development Code. This is a deviation from Subsection 4.02.04.F 2.6.27.4.6 which requires approval by the Collier County Planning Commission. F.Where residential landscape buffers are located adjacent to a commercial property, clubhouse or community pool facility, a 10-foot wide, Type A landscape buffer is required on the residentially zoned property, and a 15-foot wide Type B landscape buffer is required along commercial, clubhouse or community pool property. 1II-4 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 33 of 51 Words stfuelk-through are deletions, words underlined are additions. 3.C.d Packet Pg. 189 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self SECTION IV COMMERCIAL AREA 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area identified within the Wentworth Estates PUD Master Plan as Commercial Area. 4.2 GENERAL DESCRIPTION Areas designated as Commercial Area on the Wentworth Estates PUD Master Plan are designed to accommodate a full range of commercial, retail and office uses designed to serve residents of the Wentworth Estates PUD and the immediate vicinity. 4.3 USES PERMITTED Up to 85,000 square feet of gross floor area is permitted in total. No building or structure, or part thereof, shall be erected, altered or used or land used, in whole or in part, for other than the following: A Automotive dealers and gasoline service stations (5511, 5531, 5541 with services and repairs as described in Section 2.6.28, of the Land Development Code 5571, 5599, new vehicles only. B. Home furniture, furnishings and equipment Stores (Groups 5712-5736) C. Eating and drinking places, including drive-through(Groups 5812) D. Miscellaneous retail (Groups 5912, 5921, 5941, 5992-5999) E. Depository and non-depository institutions (Groups 6021-6062 and 6111-6163) F.Security and commodity brokers (Group 6211-6289) G. Insurance carriers (Groups 6311-6399) H. Automotive rental and leasing(Groups 7514-7515) I.Miscellaneous repair services (Groups 7622-7699) J. Amusement and recreation services (7911, 7922, 7933, 7991) K. Health services (Groups 8011-8099) L. Membership organizations (Groups 8611-8661) M. Engineering, accounting, research and related services (Groups 8711-8720, 87228748) IV-1 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 34 of 51 Words straslceugh are deletions,words underlined are additions. 3.C.d Packet Pg. 190 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self N. Legal services (8111) 0. Child/adult day care services (8351) P. Sales/welcome center 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1.Front Yard: Twenty-five feet(25')minimum or one-half the building height whichever is greater. 2.Side Yard: Fifteen feet (15') 3.Rear Yard: Fifteen feet(15') 4.Preserve Setbacks: i. Principal structures: Twenty five feet(25') ii. Accessory structures: Ten feet(10') 5.Setbacks from a lake for all principal and accessory uses may be zero(0) feet provided architectural bank treatment is incorporated into the design. 6.Where residential landscape buffers are located adjacent to a commercial property, clubhouse or community pool facility, a 10-foot' wide Type A landscape buffer is required on the residentially zoned property and a 15- foot wide Type B landscape buffer is required along commercial, clubhouse or community pool property. B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures — Sixty feet (60') Zoned height. Seventy feet 70')Actual height. D. Minimum distance between all other principal structures—Twenty feet(20'). E. Minimum distance between all other accessory structures (excluding drive- through facilities)—Ten feet(10'). F. Minimum floor area — Seven hundred (700) square feet gross floor area on the ground floor. G. Minimum lot or parcel area—Ten thousand (10,000) square feet. H. Minimum lot width—Seventy-five feet (75'). IV-2 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 35of51 Words struck-threugh are deletions,words underlined are additions. O 3.C.d Packet Pg. 191 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self I.Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of site development plan approval. Unless otherwise indicated, required yards, heights, and floor area standards applytoprincipalstructures. J.Architectural standards — All buildings shall maintain a consistent architectural theme along theme along each building façade as required by the-Section 5.05.08 of the Collier County Code Land Development Code. IV-3 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 36 of 51 Wordsds stRielE-thr-eugk are deletions,words underlined are additions. 3.C.d Packet Pg. 192 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self SECTION V COMMON/RECREATIONAL/GOLF COURSE AREAS 5.1 PURPOSE The purpose of this Section is to set forth the development plan and development standards for the area(s) designed as Common/Recreational/Golf Course Areas on the Wentworth Estates PUD Master Plan, Exhibit "JB". The primary function and purpose of this Area Tract will be to provide aesthetically pleasing open areas, golf course and recreational facilities, except in areas to be used for water impoundment and principal or accessory use areas, all natural trees and other vegetation as practicable shall be protected and preserved. 5.2 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1.Golf courses, golf facilities, golf teaching facilities, including classrooms and temporary golf clubhouses 2.Lakes 3.Open space/nature preserve/conservation area uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters 4.Pedestrian and bicycle paths, or other similar facilities constructed for purposes of access to or passage through the commons areas 5.Small docks, piers or other such facilities, constructed for purposes of lake recreation for residents of the project 6.Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor recreation 7.Community and neighborhood recreational facilities and structures for residents and their guests. enrichment center 8.Project information and sales center 9.Tennis clubs, health spas, pools and other recreational clubs V-1 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 37 of 51 Words strue4E-threugh are deletions,words underlined are additions. 3.C.d Packet Pg. 193 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self 10. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Board of Zoning Appeals. B.Accessory Uses: 1.Clubhouse, pro-shop, practice driving range and other practice facilities, golf cart barns, rest rooms, shelters, snack bars, golf course maintenance facilities, essential services, irrigation water and effluent storage tanks and ponds, utilities, pumping facility, pump buildings, and maintenance staff offices. 2.Retail establishments accessory to the permitted uses of the District such as but not limited to, golf, and tennis. 3.Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. 7.Telecommunications facilities. 4. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Board of Zoning Appeals. 5.3 DEVELOPMENT REGULATIONS A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. B.Principal and accessory structures shall be set back a minimum of twenty-five 25) feet from abutting residential districts and PUD Boundaries. No structure greater than thirty-five (35) feet in height shall be within seventy-five (75) feet of the project property line. V-2 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 38 of 51 Words stftlek-thfeugh are deletions,words underlined are additions. 3.C.d Packet Pg. 194 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self C.Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. D.MAXIMUM HEIGHT: 1. Principal structure – Fifty-five (55 feet) Zoned height. Sixty-five (65') Actual height. 2. Accessory structure –Fifty-five (55 feet) Zoned height. Sixty-five (65') Actual height. E.MINIMUM OFF-STREET PARKING AND LOADING As required by Dim, Section 4.05.00 of the Land Development Code in effect at time of building permit application. F.Minimum distance between principal or accessory structure, which are a part of an architecturally unified grouping—Ten feet(10'). G.Minimum distance between all other principal structures—Twenty feet (20'). H.Minimum distance between all other accessory structures—Ten feet(10'). I. Minimum floor area—None required. J. Minimum lot or parcel area—None required. K.Principal and accessory structures setbacks from Preserve Area: 1. Principal structure Twenty-five feet (25') 2. Accessory structure Ten feet(10') L.Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area which shall be considered inclusive of required golf course parking. M. The developer, its successors and assigns shall commence construction of the golf course clubhouse no later than upon issuance of the certificate of occupancy for the 800th residential dwelling unit for the PUD. V-3 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 39 of 51 Words strums are deletions,words underlined are additions. 3.C.d Packet Pg. 195 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self SECTION VI CONSERVATION/PRESERVE AREAS 6.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the areas within the Wentworth Estates PUD designated on the PUD Master Plan as Conservation/Preserve Areas. The goal of this Section is to preserve and protect native vegetation, and naturally functioning habitat such as wetlands in their natural state. 6.2 GENERAL DESCRIPTION Areas designated as Conservation Areas on the Wentworth Estates PUD Master Plan are designated to accentuate conservation and limited water management uses and functions. 6.3 PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional, state and federal permits when required: A. Principal Uses: 1. Open spaces/nature preserve/wildlife habitats. 2. Boardwalks and nature trails - - ..•-_ •-- . . . 3. Water management structures, the installation of the water management structures will not result in a decrease below minimum preserve requirements. 4. Mitigation activities including exotic vegetation removal and planting of native vegetation. 6.4 STATE LANDS Lands within the PUD lying with in the Rookery Bay National Estuarine Research Reserve are separated by designation on the Master PUD Plan, Exhibit "J13", and are governed by the Conservation Zoning District (CON) standards as set forth in Section 2.2.172.03.09.B of the Collier County Land Development Code in effect at the date of adoption of this PUD Ordinance. VI-1 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 40 of 51 Words sHrtek-threugh are deletions,words underlined are additions. 3.C.d Packet Pg. 196 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self SECTION VII DEVELOPMENT COMMITMENTS 7.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Wentworth Estates PUD, 7.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plans and State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 Section 10.02.04 of the Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of the PUD Document as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer will agree to convey to any successor or assignee of the developer is bound by in title any commitments within this Document. A maximum of 1450 dwelling units and 85,000 square feet of commercial are permitted. Developer intends to construct a minimum of 310 single family units. 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 Lennar Homes, 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. VII-1 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 41 of 51 Words s -threugh are deletions,words underlined are additions. 3.C.d Packet Pg. 197 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self 7.3 PUD MASTER PLAN Exhibit L-B, the Wentworth Estates PUD Master Plan illustrates the proposed development. Proposed area tfaet, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 10.02.13.E. of the Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 7.4 ! _ _ _ = • ' ' SUNSET PROVISION AND MONITORING REPORT December 2012. A. This PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 10.02.13.D of the Land Development Code. B. Monitoring Report: An Annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 10.02.13.F. of the Land Development Code. The monitoring report shall be accompanied by an affidavit stating that representations contained therein are true and correct. 7.5 TRANSPORTATION This PUD shall be limited to 932 adjusted two-way, PM peak hour trips (correspondent to the highest trip generation scenario of those proposed in the Traffic Impact Statement Addendum dated May 3, 2013 prepared by Stantec Consulting, Inc. For purposes of calculation of the weekday PM peak hour trip generation for this PUD, the lesser of the weekday PM peak hour trips as calculated in the Institute of Traffic Engineer's (ITE) Report, titled Trip Generation, 9th Edition or the trip generation as calculated in then current ITE Trip Generation Report shall be utilized. The following commitments are made as necessary elements of the proposed project and as mitigation for the transportation impacts associated with the project. Each of these commitments are made as a result of a detailed traffic impact analysis conducted for the project using a methodology approved by Collier County Transportation Planning Staff, negotiated mitigation plan elements, and other commitments made by the developer regarding site access improvements. These commitments shall be confirmed with a Developer Contribution Agreement (DCA). VII-2 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20 1 2000 1 1 26 Page 42 of 51 Words stfuc-k-thfeugh are deletions,words underlined are additions. I 3.C.d Packet Pg. 198 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self A. The Wentworth Estates PUD shall not use Southwest Boulevard as a construction access. However, it will function as a secondary project ingress/egress point for the entire project. B. Specific roadway improvements have been identified, as needed, to address local concurrency standards. These were identified in a report submitted in December 2002 titled "Wentworth Estates — Transportation Impact Study". The improvements to be made by the developer are described below. t: -e , E. C.The following Transportation Impact Plan will operate to alleviate the development's impact on the adjacent roadway network: r. . • The developer has completed construction of intersection improvements (turn lanes and median improvements) at the intersections of US 41/Southwest Boulevard and US 41/North Entrance to the Wentworth Estates PUD. The developer has also installed a traffic signal at the intersection of US 41/Southwest Boulevard, and when warranted the developer shall install a traffic signal at the US 41/North Entrance to the PUD. These improvements are site-related and not eligible for impact fee credits. VII-3 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 43 of 51 Words struek-through are deletions,words underlined are additions. 3.C.d Packet Pg. 199 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self e, • - - - - • 312. Additionally, and without impact fee credits, the developer f,hall contributed the sum of$392,800 to construct southbound left and eastbound right turn lanes for the US 41/Airport Road intersection (engineer's estimate of probable cost: 339,800), and a westbound left turn lane at the US 41/Rattlesnake-Hammock Road intersection • • • -- ' - . - • - • -. - - - • of the above ntiones f a KVV.V 1a1V 11lIpIIGZLT.7. 5 ., . ., . . - . : - - .. ..- ., . t. I•- VII-4 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 44 of 51 Words stnielE-thFeugh are deletions,words underlined are additions. C C) 3.C.d Packet Pg. 200 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self J. D.The developer(s), its successor(s) in title, or assignee(s), will be responsible for the cost of any traffic signal at any development entrance when deemed warranted and approved by Collier County Transportation Staff. Traffic signals shall be owned, operated and maintained by CollierCounty. b: E. All internal access(es), drive aisle(s), sidewalk(s), etc. not located within County right-of- way will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s). e. .. . . . - 10 feet. VII-5 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20 1 2000 1 1 26 Page 45 of 51 Words struek-through are deletions,words underlined are additions. 3.C.d Packet Pg. 201 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self and 150 feet. 90 feet. F. Iz The developer shall-improve-has improved Southwest Boulevard to include two 12-foot lanes, a curb-and-gutter urban roadway cross-section with enclosed drainage, and a sidewalk on each side of the road. .. - - • - . - - - Improvements to Southwest Boulevard shall also include landscaping and lighting and shall improvements to the turning movement geometry at the intersection of Southwest Boulevard and US 41. II. _ - A bench and/or bus shelter was shall--alse-be included in the construction plans with the design and location coordinated by Collier County. G. Q7 The developer paid to the County up-te $250,000 to supplement the funding for the installation of street lighting by the County, along US 41 from Broward Street to Collier Boulevard. "-• .. •• the terms of the DCA. 7.6 WATER MANAGEMENT A. In accordance with the rules of the South Florida Water Management District, the Wentworth Estates PUD project shall be designed for a storm event of a 3- day duration and 25 year storm return frequency. B. An excavation permit will be required for the proposed lakes in accordance with Division 3.` of Ordinance 2004-55 the Collier County Excavation Ordinance All lake dimensions will be approved at the time of excavation permit approval. 1 11 . _ .. S .. - - - • - - . - I _ . VII-6 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 46 of 51 Words struek-thceugh are deletions,words underlined are additions. CA() 3.C.d Packet Pg. 202 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self funEle4-by-the-Geunty, i. Lely Canal e . . e . e . . .. . VII-7 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20 1 2000 1 1 26 Page 47 of 51 Words stmek-thr-eugh are deletions,words underlined are additions. C-7\) 3.C.d Packet Pg. 203 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self 97 C. The developer shall commit to a water quality monitoring program for the project that is in compliance with the South Florida Water Management District Environmental Resource Permit, which provides monitoring criteria and enforceable limitations. This water quality monitoring program will be developed in conjunction with and will meet the requirements of the Rookery Bay National Estuarine Research Reserve and the Conservancy of Southwest Florida Staffs. 7.7 UTILITIES I _ . . . , Document, t Y..., I . n - cc»'• - •.• A. Irrigation for the residential and golf course will be through groundwater withdrawal permitted by the South Florida Water Management District. 7.8 ENGINEERING Except as noted herein, all project development will occur consistent with Divi3ion3 2.2 and--37-3-Sections 10.02.03 and 10.02.04, respectively, of the Land Development Code. 7.9 ENVIRONMENTAL VII-8 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 48 of 51 Words struck ough are deletions,words underlined are additions. 3.C.d Packet Pg. 204 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self maintenance to Environmental Services Staff for review and approval prior to final ewner. A. The homeowners'association documents for Wentworth Estates PUD that shall govern future operations of the association shall provide an educational program component to advise and instruct all future residents of the importance of the adjacent Rookery Bay National Estuarine Research Reserve to the local ecosystem. Educational literature shall also be provided to future residents on the proper lawn and garden maintenance requirements associated with living next to the Rookery Bay National Estuarine Research Reserve. In particular, proper methods of exotic vegetation removal, mowing, pruning, burning, trapping, and pesticide/insecticide spraying, will be defined. VII-9 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20 1 2000 1 1 26 Page 49 of 51 Words stru ough are deletions,words underlined are additions. l_\ti 3.C.d Packet Pg. 205 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self d:B. The developer shall construct wildlife-crossings across roads in appropriate areas within the PUD after consultation with the Florida Fish and Wildlife Conservation Commission. 7.10 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with, or following the construction of, the principal structure except for a construction site office and model unit. 7.11 SIGNS Unless otherwise provided herein, all signs shall be in accordance with Division 2 5Section 5.06.00 of the Land Development Code. 7.12 LANDSCAPING FOR OFF STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the DiN4snn-274 Section 4.06.00 of the Collier County Land Development Code in effect at the time of building permit application. 7.13 POLLING PLACES Pursuant to Section 27640 4.07.06 of the Land Development Code, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County: which agreement shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners' associations, or tenants' associations. This agreement shall provide for the Golf Course Clubhouse or Enrichment Center, or similar common facility, to be used for a polling place, if determined to be necessary by the Supervisor of Elections. VII-10 7204213_5 Revised 05/08/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 50 of 51 Words stfueli4hfeugh are deletions,words underlined are additions. 3.C.d Packet Pg. 206 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self TABLE4Exhibit"A" Wentworth Estates MPUD DEVELOPMENT STANDARDS LDR) MDR& MDR-2)MHDR) Recreational LOW MEDIUM MEDIUM Facilities DENSITY DENSITY HEIGHT Clubhouse,- RESIDENTIAL RESIDENTIAL DENSITY Community Center RESIDENTIAL—Building,etc.) Minimum Average Lot Area 6500 sf 2400 sf 40,000-sf N/A Front Yard Setback 15' **** 15' **** 25' 15" 15" 351 Front Yard Setback for 10'Side Entry Garage 10' A N/A Rear Yard Setback Principal)10' 5' 20'*** 25' Rear Yard Setback Accessory)5' 5 25' Preserve Setback- 25'Primary Structure 25' 25' Preserve Setback- Accessory 10' 10' 48= 10' Structure 0'- 10'with Side Yard Setback 64 minimum 10' 10'*** 25' between structures Three(3) ee-(33)Four(4) Habitable Floors HabitableMaximumHeightit 90 ** Three(3)Floors or or Floors or 55'ZH,65 AH 45 ZH,50' AH 4550'ZH,55 AH2 Min. Floor Area 750 sf 750 sf 750-sf N/A Min.Distance Between Principal Structures 10' 10'3 10' See-Nate Min. Distance Between Principal and Accessory 10' 10' 5 4.4y}Structures Front loading garages shall have a minimum front yard setback of 23 feet.2 Except MDR-2 areas depicted on the MPUD Master Plan are limited to two (2) habitable floors or 45'ZH,50'AH a The minimum distance between principal structures over two stories shall be no less ten feet(10')or one-half the height of the principal structure,whichever is greater. Except for lots located in existing and approved plats for Picaere,Vercelli,and Via Veneto. ZH=Zoned Height; AH=Actual Height VII-11 Revised 04/30/13 Wentworth Estates MPUD PUDA-PL20120001126 Page 51 of 51 Words struck through are deletions,words underlined are additions 3.C.d Packet Pg. 207 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self Egg GIE 13E SABAL BAY SABAL BAY 19 20 24 19 132.3!t AC) 25 Q vmil& 30 29 wrr\ 3 O••M.4.4 ( 31•wya 1{i i (31.25 t AC) MIAMI\ c TORTOISE w i..•' 1 r...w \ PRESERVEPRESF1tYF. rr«.,,r.. 291.44 t AC) ff•.ww•....+ M' mom (COMMERCIAL) ItwM I= ( wwq' - URBAN RESIDENTIA 1000* AC• M, .... 0. . w I SUB-DISTRICT I CRGA rr T a ,` w . w w _ 1 (165.64 t AC) SABAL BAY i ur•gr. C LDR lilt, •. w..........•134,07* AC) ii w...r..wr 00%.' 4 _. w IMICELI PUD\ j/ MDR A ACvl—•• RAINTRF.F LANEii j RSF-1 \ MDR-2 LIMBED TO 2 i ', MAPLE LANE\ STORIES IN HEIGHT)jucri ± X, \ 64.42 t AC) CYPRESS LANE(!1 \ ITIjTj CONSERVATION C.'.- IRMF6I ( I I 1 I (su.n t Ac) fii. ROADWAY I O C. 3264 t AC) P.SF-3 W COMMON AREA/ W I MYRTLE LANE EASEMENTS 0 ii: 34.29 t AC) J : f• w_ 29 TOTAL 1.563.84 AC r RI Acol< URBAN COASTAL FRINGE Y \' I w SUB-DISTRICT 444 ,/' . IRSFAI yJ0 i ""'w TRAIL ACRES 44 t$' C0 CRG/E' J.' i G71'l .- _ - TRAIL ACRES 1 1 1 i i UCH _ mow.. AREA -l- f :,-iii„ V< i i HITCHING W t ' '/ ', \\\L, `° - - _,...iM1••- POST y I i MOBILE Z i V• ww HOME PARK d 36 31 1 L snaw:•*r__:__-- ...12.1 33OuUI6 6 5 m o IA'A/5 5 4 URBAN COASTAL FRINGF, ti SUB-DISTRICT&CONSERVATION' URBAN COASTAL FRINGE MI SUB-DISTRICT 1. . . . . I 104:44101 Hitt, ; i LAND USE LEGEND LOW DENSITY RESIDENTIAL AREA (LDR) COMMERCIAL AREA (CA) SINGLE FAMILY DETACHED 85.000 SQUARE FEETSINGLEFAMILYATTACHED ZERO LOT LINE COMMON/RECREATIONAL/GOLFPLEX MEDIUM DENSITY RESIDENTIAL AREA (MDR & MDR-2) COM1AON EAS,EA AREA A) SINGLE FAMILY DETACHED OPEN SPACE SINGLE FAMILY ATTACHED WATER MANAGEMENT AREAS ZERO LOT LINE GOLF COURSE DUPLEX RECREATION FACIUTIES MULTI-FAMILY CLUBHOUSE PRO SHOP CLUSTER HOUSING NATURE PRESERVES TOTAL RESIDENTIAL UNITS BOARDWALKS, SMALL DOCKS. ETC. 1,450 3 WORD MGM is tAWI! ytvTy OIIW/M466 EXHIBIT B: MPUD MASTER PLAN OVU ttAROAMWOLNOAMMO4/11/u um LENNAR HOMES. LLC3 WAND IMO L NO AGR. C$ 01/704 c /66x6 02WANDtTMRWNOFARMFLANDUSES1/6/13 _ t Id=NW I.2012 FOR Lowry•u•II 9/13 CM y......-..r+.+r.r.w WENTWORTH ESTATES MIXED 213010Y72-X11 Rp N0. tlM01RN 023 1.1pR OM MWWtM N ...`,.' 4..,;,""""," 111•.._, USE PLANNED UNIT DEVELOPMENT '` 1 - 1 r-(\. 3.C.d Packet Pg. 208 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self Exhibit"C" List of Deviations PREVIOUSLY APPROVED DEVIATIONS 1 —9 IN ACCORDANCE WITH ORDINANCE 03-51 TO STILL REMAIN IN EFFECT) Deviation 1: LDC Section 5.03.02.0 to allow fences or walls to be permitted at maximum height: Seven feet (7'). If the fence or wall is constructed on a landscaped berm, the wall shall not exceed six feet (6') in height from the top of berm elevation for berm elevations with an average side slope of 4:1 or less, and shall not exceed six feet 6') in height from the top of berm elevation for berms with an average side slope of greater than 4:1 (i.e. 3:1). Deviation 2: LDC Section 6.06.01.0 and LDC Appendix B, in order to allow 50 feet of right-of-way for local roads rather than the required 60-foot width (throughout). Deviation 3: Formerly LDC Section 3.2.8.4.16.10, Section 2-12 of the Collier County Code of Ordinances, Exhibit "A", Design Requirements for Subdivisions C.13.h. of the Administrative Code for Collier County Construction Standards Manual, to allow street intersection radii of twenty (20) feet (face of curb) for all internal project streets and thirty-five (35) feet for street intersections at project entrances. Deviation 4: Formerly LDC Section 3.2.8.4.16.10, Section 2-12 of the Collier County Code of Ordinances, Exhibit "A", Design Requirements for Subdivisions C.13.j of the Administrative Code for Collier County Construction Standards Manual, to allow reverse curves without tangents (throughout). Deviation 5: LDC Section 4.02.04.F., in the case of residential structures with a common architectural theme, required property development regulations of Exhibit A, Wentworth Estates MPUD Development Standards, may be waived or reduced provided a site plan demonstrating the common architectural theme and meeting the criteria of LDC Section 4.02.04.F is approved by the Growth Management Department. This is a deviation of LDC Section 4.02.04.F which requires approval by the Collier County Planning Commission. The architectural style of the dwelling units/structures shall be similar in design and in the use of materials and color. The residential project shall have a signature entranceway which serves to identify the development has having a common architectural theme. The entranceway design and improvement elements shall include some or all of the following: the use of landscape materials, gated structure, water features, sculpture, and ornamental pavement surfaces. Street materials, signage, and lighting shall be complementary and the same throughout the proiect's accessways. 1 List of Deviations—04/30/13 Wentworth Estates MPUD PUDA-PL20120001126 3.C.d Packet Pg. 209 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self Deviation 6: LDC Section 4.05.04.H., parking for community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area which shall be considered inclusive of required golf course parking. Deviation 7: LDC Section 5.04.04.B., allowing model homes to be permitted through a temporary use permit valid for ten years with no extension of the temporary use permit required. No model can remain for more than ten years without securing Conditional Use, or its successor process approval. Deviation 8: LDC Section 5.06.02.B.6, allowing sign face area of entrance signs to be 120 square feet. Deviation 9: LDC Section 5.06.02.B.4, allowing construction entrance signs and employment signs to be a maximum of 20 square feet in size. NEW DEVIATIONS: Deviation 10: seeks relief from LDC Section 6.06.01(J) to allow cul-de-sacs in excess of 1,000 feet and up to 2,500 feet in the MPUD (throughout). The developer shall provide internal looping of water mains, subiect to review and approval by the Collier County Utilities staff. The developer shall provide a water main connection between the two "LDR" areas at the north end of the property, through the FPL easement (north of the roadway, Treviso Bay Drive) shown on the MPUD Master Plan. The developer, or successors and assigns, shall provide a stabilized emergency vehicle turn-around, meeting local fire prevention code criteria, approximately midway along a cul-de-sac that is over 1,000 feet in length. Deviation 11: seeks relief from LDC Section 4.05.04.H., to allow parking for all multi- family units to be 1.5 spaces per dwelling unit plus 10% in lieu of the minimum LDC required 2 spaces per unit. Deviation 12: seeks relief from LDC Section 4.06.02 which requires a Type B buffer between single family and multi-family uses. Specifically, the applicant requests that no buffer be required between these uses when a water body separates the two uses. 7204227 1 2 List of Deviations—04/30/13 Wentworth Estates MPUD PUDA-PL20120001126 Lt C) 3.C.d Packet Pg. 210 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self 40.11----Maw MN==la._, IAA 132.38 t AC) 4434444 (31.25 t AC) 24 19 19 20 PRESERVE 4 IA 29 29144 A AC) 25; 4•4•4•. 13•44,._• r•r• CA 881Tr&U B1.11=• (COMMERCML) I= (10.00! AC) r\ G\ 185(165 64 t AC) illial1: \ `. wr.."wrr''.........1 I 134.07 3 AC) LOR 1111\W.I . 1r4.7• _ WAI __ MDR 1 w w'.i' w.w. j/q ( 148.24 3 AC)• i MDR-2j/' _.a.a`'° LBARED TO 2 1it0_•:: \\ . i 554.42 81 RETORT)•. w4 4DR- t AC) h': !i I I I f ROOKERY BAY I I 1 I CONSERVATION 1 1 1 1 (513.77 t AC) 41 1110111.f12., m....., =,'37.84! AC) COMMON AR 1111 EASEMENTS• i'iE( . (34.28 t AC) G\TOTAL 1,583.84 AC• I 19 3403\ .• f 9T\ Fy9\ -s? 4000,,, R Yr-__w\\,___```. ' MOBILE µww. HOME PARK•ib 31 1 fA ww. wwh"1 6 6 5 5. 4 6 MI MirMIEXHIBITD: WATER MANAGEMENT BASINS LEMMA HONES LLC 12 LEMMA MOO LAND a/Ty1 R/M 1+S+-ah WENIMORIH ESTATES NIXED 215610P72- X14 11•`°0""0°•r""" h USE PLANNED UNIT DEVELOPMENT 1 .1 ma NO. R88!8M 6013111.11011 ORE ORRIN N 4•s..+rr.o.a u.LLCM.•.••• s 3.C.d Packet Pg. 211 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self LENNAR Exhibit E April 8, 2013 RE: Wentworth Estates(Treviso Bay)Zoning Amendment Dear Treviso Bay Homeowner: You may have received a letter from Collier County referencing Lennar's pending zoningapplicationwhichwouldamendtheWentworthEstatesPUD(the zoning document which governsTrevisoBay) to increase the maximum allowable number of dwelling units from 1,200 to 1,600. Since that amendment was filed, we have had a publicly advertised neighborhood informationmeeting, several informal meetings with interested residents, and numerous conversations withindividualswhohaveprovidedhelpfulcommentsandsuggestionsabouthowtheywouldliketoseeTrevisoBaycontinuetosuccessfullymoveforward. In response to these discussions, if our zoning amendment is approved, we have agreed toincludethefollowingstipulations. The tract references below can be found on the attached exhibit labeled"LENNAR AGREED STIPULATIONS IF APPROVED FOR 1,450 UNITS:" Reduce the number of maximum allowable dwelling units to 1,450. Parcel`A'will remain Coach Homes,as currently planned and approved.Parcel`B'(Vercelli)will remain 60'+/-wide single family lots.Parcel`C'(Via Veneto)will remain 50'+/-wide single family lots.Parcel'D'(Piacere)will remain 50'+/-wide single family lots. Parcel'E'(Italia) will remain 75'+/-wide single family lots. Parcel'F'(Bella Firenze)will be developed as 75'+/-wide single family lots.Parcel'G'(Pavia) will remain 150'+/-wide single family lots. Parcel'H'(Lipari)will remain 100'+/-wide single family lots. Parcel'I'(Aqua) will remain six 4-story condominiums as currently planned and approved. Parcel`3'The most intense use of Tract 3 will be six 4-story condominiums. Parcel`K'will remain 2-story condominiums as currently planned and approved. Parcel'L'The most intense use of Tract L will be 75'+/-wide single family lots.Parcel'M'The most intense use of Tract M will be 75'+/-wide single family lots. You may also refer to the attached Master Plan which is part of our PUD submittal. There arethreelandusecategoriesdepictedonthatplan: LDR—which includes single family detached,and duplex units; MDR—2 which allows for the LDR uses and multi-family units of no more than two habitable stories with a maximum of 45'in zoned height; and MDR which allows for the LDR and MDR-2 uses as well as multi-family of no more than four habitable stories and 50'in zonedheight. The PUD amendment eliminates the previous"MHDR"category, which provided for the ability tobuildresidentialbuildingsuptoaheightof90feet. I understand some of you may still have questions about this proposed change, and I would like to make myself available to answer as many of those questions as possible. To that end, I willbeon-site Thursday, April 11, from 11:30—2:30 at the sales office to meet with interested residents and try to answer any questions. 10481 Six Mile Cypress Parkway•Fun Myers,FL 33966•Phone.239-278-1177• Fax:239-278.1396 LENNAR.COM 1 0 f 3.C.d Packet Pg. 212 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self t.,LENNAR' I am very grateful to all of our residents, very proud of the progress we've made thus far inTrevisoBay, ythingand couldndon''t t he be more toexcited about the future of our great community. As always, ifuneedan , contact us. rely, Darin McMurray Division President Lennar Homes, LLC 10-781 Six Mile Cyrress Parkway• rurt Myers, F1.33966•Phuns.239-278-1177•Pax. 239-278-1396 LENNAR.COM 2 o1 3 3.C.d Packet Pg. 213 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self LENNAR AGREED STIPULATIONS IF APPROVED FOR 1,450 UNITS l-f.,- •- -: !V 1 - jii lit: '. - ".\ r F Qy(/' 1 E £ 1, i LO VI 119"; 0t , r.4, lu` y`(/ f IIz1 1 7 O ra e',2 t 1 1„.M-1/4.-;%'-e, v; - ,:' " \".??..t!,',5:;,-,:\ !iiif I " ' a,'i k titX l''''''s 0 0 s c4 J / itivirvvi-wit,' 4),4 N-lb tea.4 ol` \\ 40040. 4 INik p....\. s 4......,,... , 1 ,..r.... __ ,,,Ace -ah-c4.,"‘;',7T11 ,-filie,7 ' s',*',. r I t 1. 4.fie. r, 1."r4 .d. . , ' r, el,!- 147 1 t - y' A ..,. Tom' Reduce the number of maximum allowable dwelling units to 1,450. PARCEL'A'will remain Coach Homes,as currently planned and approved. I •PARCEL'B'(Vercelli)will remain 60'+/-wide single family lots. i •PARCEL'C(Via Veneto)will remain 50'+/-wide single family lots. PARCEL'D'(Piacere)will remain 50'+/-wide single family lots. PARCEL'E'(Italia)will remain 75'+/-wide single family lots. PARCEL'F'(Bella Firenze)will be developed as 75'+/-wide single family lots. PARCEL'G'(Pavia)will remain 150'+/-wide single family lots. PARCEL'H'(Lipari)will remain 100'+/-wide single family lots. i • PARCEL'I'(Aqua)will remain six 4-story condominiums as currently planned and approved. PARCEL'3'The most intense use of PARCEL J will be six 4-story condominiums. 1 •PARCEL'K'will remain 2-story condominiums as currently planned and approved. PARCEL'L'The most intense use of PARCEL L will be 75'+/-wide single family lots. PARCEL'M'The most intense use of PARCEL M will be 75'+/-wide single family lots. s 1 'ALL OF THE STIPULATIONS DEPICTED ON THIS DRAWING ARE EXPRESSLY CONTINGENT ON LENNAR'S RECEIVING APPROVAL FOR 1,450 UNITS. 1 *THIS PLAN IS AN ARTIST'S CONCEPTION AND NOT INTENDED TO DEPICT PLAN-LEVEL DETAIL I 2 ,.,L 2 3.C.d Packet Pg. 214 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self STATE OF FLORIDA) COUNTY OF COLLIER) I , DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2013-45 which was adopted by the Board of County Commissioners on the 11th day of June, 2013 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of June, 2013 . DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board ,, if {^ •, r ' County Commissions 29..1.A.Assct y: Teresa Cannoriw' J ... •.ivy. Deputy Clerk 3.C.d Packet Pg. 215 Attachment: Attachment B Ordinance 13-45 Wentworth Estates PUD (22851 : PL20220001501 PCUD Wentworth Estates MPUD Indoor Self 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Wentworth Estates MPUD – CUD 2/25/2022 February 25, 2022 Client Services Collier County Growth Management 2800 North Horseshoe Drive Naples, FL 34104 Subject: Wentworth Estates MPUD Comparable Use Determination Filed Electronically Dear Client Services: We are pleased to submit this application for a Comparable Use Determination for the Wentworth Estates MPUD (Ordinance 2013-45). The Wentworth MPUD is located on the south side of US 41 in Section 30, Township 50, Range 26 and is commonly known as Treviso Bay. This request is to is to find the use of “Self-Storage/Mini-Warehouse, Indoor Only (SIC 4225)” is comparable and compatible with the permitted uses within the 10-acre Commercial Area of the Wentworth Estates MPUD. In order to assist Staff with the review and approval of this request for a PDI for the subject Project, we are hereby enclosing the following documents and supporting information: 1. Cover Letter 2. Comparable Use Determination Application 3. Affidavit of Authorization 4. Completed Addressing Checklist 5. Determination Request and the Justification for the Use 6. Approved PUD Ordinance (Ord 2013-45) 7. Property Ownership Disclosure Form 8. Location Map We trust that the items listed above are sufficient for your review and approval. Should you have any questions, or require any additional information, please do not hesitate to contact me at 239-403-6700, or by email at cscott@pen-eng.com. Sincerely, PENINSULA ENGINEERING Christopher O. Scott, AICP Zoning Manager 3.C.e Packet Pg. 216 Attachment: Attachment C PL20210001501 Wentworth CUD HEX Backup Material (22851 : PL20220001501 PCUD Wentworth Estates MPUD 3.C.ePacket Pg. 217Attachment: Attachment C PL20210001501 Wentworth CUD HEX Backup Material (22851 : PL20220001501 PCUD Wentworth Estates MPUD 3.C.ePacket Pg. 218Attachment: Attachment C PL20210001501 Wentworth CUD HEX Backup Material (22851 : PL20220001501 PCUD Wentworth Estates MPUD 3.C.e Packet Pg. 219 Attachment: Attachment C PL20210001501 Wentworth CUD HEX Backup Material (22851 : PL20220001501 PCUD Wentworth Estates MPUD 3.C.e Packet Pg. 220 Attachment: Attachment C PL20210001501 Wentworth CUD HEX Backup Material (22851 : PL20220001501 PCUD Wentworth Estates MPUD 3.C.e Packet Pg. 221 Attachment: Attachment C PL20210001501 Wentworth CUD HEX Backup Material (22851 : PL20220001501 PCUD Wentworth Estates MPUD 3.C.e Packet Pg. 222 Attachment: Attachment C PL20210001501 Wentworth CUD HEX Backup Material (22851 : PL20220001501 PCUD Wentworth Estates MPUD 3.C.e Packet Pg. 223 Attachment: Attachment C PL20210001501 Wentworth CUD HEX Backup Material (22851 : PL20220001501 PCUD Wentworth Estates MPUD 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Wentworth Estates MPUD, PL20220001501 Revised 5/6/2022 Page 1 of 3 DETERMINATION REQUEST AND JUSTIFICATION FOR THE USE The Wentworth Estates MPUD (Ord 2013-045), commonly known as Treviso Bay, is located on the southwest side of Tamiami Trail East (US 41), approximately 1.17-miles southeast of Thomasson Drive. The 1,563.84-acre MPUD is primarily a residential golf course community with extensive preserve areas and includes a 10-acre commercial tract on the northern boundary of the PUD adjacent to Tamiami Trail East (US 41). The commercial tract was previously used as a Welcome and Sales Center for the development and is no longer in use. Section IV of the MPUD provides the purpose and description of the Commercial Area as well as identifying the permitted uses and development standards. The Commercial Area is limited to a maximum of 85,000 square feet of gross floor area. The current owners wish to develop the property for commercial purposes, including indoor self-storage/mini warehousing for personal automobile storage. The use is not explicitly permitted within the Wentworth Estates MPUD. REQUEST: The Applicant is requesting a determination from the Planning Manager and approval from the Office of the Hearing Examiner that the use of Self-Storage/Mini Warehousing, Indoor Only (SIC 4225) is comparable and compatible with the permitted uses in the Commercial Area of the Wentworth Estates MPUD (Ord. 2013-045). JUSTIFICATION FOR THE USE: LDC Section 10.02.06 K. and Administrative Code Chapter 3, Section L allows for a use not specifically listed to be considered comparable, compatible, and consistent with the list of identified permitted uses and the intent statement of the PUD ordinance. The proposed use of Self-Storage/Mini Warehousing, Indoor Only (SIC 4225) is comparable and compatible based on the following standards. 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 Self-Storage/Mini Warehousing use is intended for storage of automobiles and other personal items and will consist of indoor, air-conditioned units with an architectural design like what is required for other commercial buildings in Collier County. Self-Storage/Mini Warehousing, Indoor Only possesses similar characteristics to the other permitted uses within the Commercial Area of the Wentworth Estates MPUD, as listed in Section 4.3 of Ordinance 2013-045, including:  Automotive dealers and gasoline service stations (5511, 5531, 5541 with services and repairs, 5571, 5599, new vehicles only)  Home furniture, furnishings and equipment stores (5712-5736)  Automotive rental and leasing (7514-7515) 3.C.e Packet Pg. 224 Attachment: Attachment C PL20210001501 Wentworth CUD HEX Backup Material (22851 : PL20220001501 PCUD Wentworth Estates MPUD 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Wentworth Estates MPUD, PL20220001501 Revised 5/6/2022 Page 2 of 3 Storage of vehicles and large merchandise is a similar activity to what occurs as part of an automotive dealership and home furniture and equipment store. The use would have similar operating hours to other permitted uses within the commercial area of the MPUD. Additionally, the proposed use is less intense than other permitted uses as it generates significantly fewer trips, requires fewer parking spaces, generates less solid waste and wastewater, and requires less potable water. 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 proposed indoor self-storage is significantly less intense than other uses permitted within the PUD and will not have a greater impact on surrounding uses. The proposed indoor self-storage use will comply with the County’s architectural and landscaping requirements in addition to the PUD development standards to ensure compatibility with surrounding uses. Additionally, the applicant will commit to limit the height of the Indoor Self-Storage use to 35’ zoned height/45’ actual height (See attached Exhibit A). The effect of the proposed indoor self-storage use on neighboring properties would be significantly less invasive as it relates to noise, glare or odor effects when compared to permitted uses. 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 proposed use is consistent with the Collier County Growth Management Plan (GMP). As noted in Section 2.4 of the Wentworth Estates PUD (Ord. 2013-45), the ten-acre commercial area was originally approved in 1991 and was found to be “Consistent by Policy” through the Zoning Re-evaluation Program when rezoned to Wentworth Estates PUD. The PUD and FLUE Policy 5.1 allows zoning changes provided the overall intensity of the development is not increased. This request for a Comparable Use Determination does not increase the acreage or permitted floor area of commercial development, and as previously demonstrated, the Self-Storage/Mini Warehouse, Indoor Only use is less intense than other commercial uses permitted by the PUD. Therefore, the request is consistent with the GMP. d. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. The Collier County Land Development Code allows Indoor Self-Storage/Mini-Warehousing (SIC 4225) as a conditional use in the C-4 zoning district and a permitted use in the C-5 zoning district. The commercial area of the Wentworth Estates PUD includes several uses that are permitted in the C-4 zoning district, including, but not limited to, automotive and motorcycle dealers (5511, 5571, 5799), furniture stores (5712), automotive rental and leasing (7514-7515), bowling centers (7933), and health services including hospitals (8051-8099). Additionally, indoor self-storage has been found to be compatible in the following PUDs that permit similar uses in Collier County: 3.C.e Packet Pg. 225 Attachment: Attachment C PL20210001501 Wentworth CUD HEX Backup Material (22851 : PL20220001501 PCUD Wentworth Estates MPUD 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Wentworth Estates MPUD, PL20220001501 Revised 5/6/2022 Page 3 of 3  Hiwasse PUD – The 12.52-acre PUD was approved to allow for professional and medical office uses and indoor self-storage to serve the surrounding residential uses by Ordinance 2004-75.  BRB Development PUD – The PUD was approved for uses allowed in the C-1 through C-3 zoning districts and Indoor Self-Storage by Ordinance 2006-34.  Gaspar PUD – The PUD was approved a Comparable Use Determination that Indoor Self-Storage was comparable to the uses within the PUD and C-4 zoning district by HEX Decision 2016-34.  Pine Air Lakes PUD – The PUD was approved a Comparable Use Determination that indoor Self- Storage was comparable to the uses within the office district of the PUD by HEX Decision 2020- 19. e. Any additional relevant information as may be required by County Manager or Designee. Per the County’s request, we have provided a conceptual architectural elevation of the proposed indoor self-storage/car condo use. Additionally, the property owner is willing to impose a 35-foot zoned height/45’ actual limitation for the proposed use to help ensure consistency with surrounding residential uses. Currently, the Commercial Area is permitted a maximum zoned height of 60’ and a maximum actual height of 70’ (Ord. 2013-45, Section 4.4 C.) The proposed height restriction is attached as Exhibit A and the conceptual architectural elevation is attached as Exhibit B. CONCLUSION: Based on this analysis, the Self-Storage/Mini-Warehouse, Indoor Only (SIC 4225) should be determined to be comparable and compatible with the permitted uses in the Commercial Area of the Wentworth Estates MPUD (Ord. 2013-045). 3.C.e Packet Pg. 226 Attachment: Attachment C PL20210001501 Wentworth CUD HEX Backup Material (22851 : PL20220001501 PCUD Wentworth Estates MPUD EXHIBIT A WENTWORTH ESTATES MPUD COMPARABLE USE DETERMINATION, PL20220001501 DEVELOPMENT COMMITMENT 1. Self-Storage/Mini Warehousing, Indoor Only (SIC 4225) uses shall be limited to a maximum zoned height of 35’ and a maximum actual height of 45’. 3.C.e Packet Pg. 227 Attachment: Attachment C PL20210001501 Wentworth CUD HEX Backup Material (22851 : PL20220001501 PCUD Wentworth Estates MPUD Ta m i a m i Tr a i l E ( U S 4 1 ) Rattlesnake-Hammock Rd CollierBlvd (CR 951)Wentworth PUD Project Site T am i am i T r a i l E ( U S 4 1 ) Treviso Bay Blvd 3.C.e Packet Pg. 228 Attachment: Attachment C PL20210001501 Wentworth CUD HEX Backup Material (22851 : PL20220001501 PCUD Wentworth Estates MPUD THIS DRAWING IS THE EXCLUSIVE PROPERTY AND CREATION OF PKSTUDIOS INC. AND SHALL NOT BE REPRODUCED IN WHOLE OR IN PART WITHOUT THE EXPRESS WRITTEN CONSENT OF PKSTUDIOS INC. © 2022 TREVISO BAY CAR CONDOS May 4, 2022 conceptual elevations / proposed 15920 Old 41, Suite 330 , Florida 34110 T: 239.434.5800 Naples www.pkstudios.com Registration: AR94785 This street-view artists's rendering is for conceptual purposes and architectural style only. It is not intended to show final building dimensions and configuration. Access to individual motor condo units is provided from the interior of the site. 3.C.e Packet Pg. 229 Attachment: Attachment C PL20210001501 Wentworth CUD HEX Backup Material (22851 : PL20220001501 PCUD Wentworth Estates MPUD 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Wentworth Estates MPUD – CUD, PL20210001501 May 6, 2022 Client Services Collier County Growth Management 2800 North Horseshoe Drive Naples, FL 34104 Subject: Wentworth Estates MPUD Comparable Use Determination Project No. PL20220001501 2nd Submittal-Response to Comments Dear Client Services: Please accept this submittal as our response to the County comment letter dated April 06,2022. To assist in your review and approval, please find Staff comments below, followed by our responses in bold. Zoning Review Reviewed By: Gabriela Castro 1. Please format your narrative statement/ justification address each standard in LDC 10.02.06.k.2.a- e. The Determination Request and Justification for the Use has been updated to include headings for each subsection of LDC 10.02.06 K.2.a-e. 2. Please clarify if the petition is for a traditional self-storage facility or the motor condo unit style. The petition is for a motor condo unit style self-storage facility. Motor condo unit style facilities are not recognized as a specific use by US Department of Labor’s Standard Industrial Classification (SIC) Manual. Previous Collier County projects for this type of use have been classified as SIC Code 4225, Indoor or Self-Storage. 3. Please provide architectural renderings for the proposed facility. Please find attached Conceptual Architectural Elevation. 4. Wentworth Estates Master Plan only shows one entrance off US 41 please specify if the entrance to this commercial portion will have access through Treviso Bay Blvd or if an amendment to the master plan will be pursued. It is anticipated that the Wentworth Commercial Tract will utilize the existing access from US 41. This existing access is consistent with the access points approved as part of the Wentworth MPUD’s MCP by Ordinance 03-51. The MPUD was amended by Ord 13-45, and this access point was inadvertently removed from the MCP. The applicant is working with Collier County staff on how to correct the MCP separate from this Comparable Use Determination application. 3.C.e Packet Pg. 230 Attachment: Attachment C PL20210001501 Wentworth CUD HEX Backup Material (22851 : PL20220001501 PCUD Wentworth Estates MPUD 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Wentworth Estates MPUD – CUD, PL20210001501 Attorney Review Reviewed By: Derek Perry 1. Miscellaneous Corrections: Please confirm whether Prima Partners, LLC needs to be authorized to do business in the State of Florida pursuant to section 605.0902, Florida Statutes. Please find attached documentation for Prima Partners, LLC from the Florida Department of State. 2. Miscellaneous Corrections: Please provide evidence of signing authority for Anthony Pompeo on behalf of Prima Partners, LLC (e.g., corporate resolution or secretary’s certificate). Please find attached documentation for Prima Partners, LLC from the Florida Department of State. 3. Miscellaneous Corrections: Please confirm that there are no proposed limitations to this proposed use of indoor storage and that the full design standards provided by Section IV of the PUD document are to be applicable (e.g., 60-foot zoned height limit). Should staff and the applicant agree on proposed conditions to this application, please provide the conditions as a stand-alone exhibit that may be easily adopted by the HEX in their ruling. The Development will be subject to the development standards of the PUD and LDC. Additionally, the applicant is willing to further restrict the building height for any Indoor Self Storage use to 35’ zoned height. This commitment is attached as Exhibit A. 4. Miscellaneous Corrections: Please confirm with zoning planner Gabriela Castro whether Transportation Planning needs to provide a review or feedback regarding the proposed use on US41 / Tamiami Trail East. Please see attached email from Gabriela Castro and Mike Sawyer regarding Transportation review. 5. Miscellaneous Corrections: Please confirm with Comprehensive Planning Staff that the upcoming East Naples Master Plan and other GMP-related issues do not conflict with this request. Please see attached email from James Sabo regarding Comprehensive Planning review. 6. Miscellaneous Corrections: Please feel free to give me a call if you have any questions or need additional information: Derek D. Perry, (239) 252-8066. Thank you. 3.C.e Packet Pg. 231 Attachment: Attachment C PL20210001501 Wentworth CUD HEX Backup Material (22851 : PL20220001501 PCUD Wentworth Estates MPUD 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Wentworth Estates MPUD – CUD, PL20210001501 In order to assist Staff with the review and approval of this request for a PDI for the subject Project, we are hereby enclosing the following documents and supporting information: 1. Response Letter 2. Determination Request and Justification for the Use 3. Exhibit A: Development Commitment 4. Conceptual Architectural Rendering 5. Evidence of Authorization for Prima Partners LLC 6. Email from County regarding Transportation Review 7. Email from County regarding Comprehensive Planning Review We trust that the items listed above are sufficient for your review and approval. Should you have any questions, or require any additional information, please do not hesitate to contact me at 239-403-6700, or by email at cscott@pen-eng.com. Sincerely, PENINSULA ENGINEERING Christopher O. Scott, AICP Zoning Manager 3.C.e Packet Pg. 232 Attachment: Attachment C PL20210001501 Wentworth CUD HEX Backup Material (22851 : PL20220001501 PCUD Wentworth Estates MPUD 08/11/2022 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.D Item Summary: Petition No. BDE PL20220001854 - 1668 Vinland Way Wortzman - Request for a 23-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, to allow a boat docking facility protruding a total of 43 feet into a waterway that is 126.8± feet wide for the benefit of property located at 1668 Vinland Way, further described as Lot 16, Landing at Bear’s Paw, in Section 35, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 4 Meeting Date: 08/11/2022 Prepared by: Title: Planner – Zoning Name: John Kelly 07/20/2022 6:51 PM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 07/20/2022 6:51 PM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 07/20/2022 7:14 PM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 07/27/2022 5:49 PM Zoning Ray Bellows Review Item Completed 07/28/2022 8:52 AM Zoning Mike Bosi Zoning Director Review Completed 07/29/2022 1:28 PM Hearing Examiner Andrew Dickman Meeting Pending 08/11/2022 9:00 AM 3.D Packet Pg. 233 BDE-PL20220001854 – 1668 Vinland Way Page 1 of 9 July 20, 2022 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION - ZONING SERVICES SECTION HEARING DATE: AUGUST 11, 2022 SUBJECT: BDE-PL20220001854, 1668 VINLAND WAY – WORTZMAN DOCK _________________________________________________________________________ PROPERTY OWNER/APPLICANT: AGENT: Alan Wortzman Jeff Rogers 11-220 Industrial Parkway South Turrell, Hall & Associates, Inc. Aurora, ON 3584 Exchange Ave. CANADA L4G3V6 Naples, FL 34104 REQUESTED ACTION: The petitioner requests a 23-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, to allow a boat docking facility protruding a total of 43 feet into a waterway that is 126.8± feet wide, pursuant to Section 5.03.06 of the Collier County Land Development Code (LDC), for the benefit of the subject property. GEOGRAPHIC LOCATION: The subject property is located at 1668 Vinland Way, further described as Lot 16, Landings at Bear’s Paw, in Section 35, Township 49 South, Range 25 East. Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject property is located within a residential component of the Landings at Bear’s Paw Planned Unit Development (PUD), Ordinance 13-66, as amended. Said property comprises 0.23 acres that has been developed with a single-family dwelling and has 67 feet of water frontage. The petitioner is proposing to replace the existing dock facility with a dock facility with a single slip and boatlift to moor a 39-foot vessel. (Continued on Page 3) 3.D.a Packet Pg. 234 Attachment: Staff Report 07202022 (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) BDE-PL20220001854 – 1668 Vinland Way Page 2 of 9 July 20, 2022 3.D.aPacket Pg. 235Attachment: Staff Report 07202022 (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) BDE-PL20220001854 – 1668 Vinland Way Page 3 of 9 July 20, 2022 Purpose/Description of Project (Continued) Exhibit A of the Landings at Bear’s Paw RPUD document, Permitted Uses, section c. – Golden Gate Canal (as to the Northern ½ of the Golden Gate Canal abutting the project) states: i. Permitted Uses: private recreational single-family boat docks, mooring pilings, boat lifts/davits, and kayak launches to serve residents and their guests. All docks are reserved for the exclusive use of the owners of dwelling units within the RPUD property. No more than ten (10) boat slips may be constructed adjacent to the Amenity Area, no more than two (2) boat slips may be constructed adjacent to each platted single-family water-front lot, and no more than thirty-eight (38) slips may be constructed within the project. Except for any deviations listed in this RPUD Document, all docks and boat slips shall be subject to the requirements of LDC Section 5.03.06 and, to the extent applicable, the Manatee Protection Plan. Exhibit E of the Landings at Bear’s Paw RPUD Document, List of Deviations, contains the following applicable deviation: 4. Deviation #4 seeks relief from LDC Section 5.03.06.E.5., “Dock Facilities,” which requires dock facilities to have a side setback of 15 feet for dock facilities on lots with greater than 60 feet of water frontage, to allow 7.5-foot side setbacks for the private single-family community dock facilities located along that section of Golden Gate Canal within the Residential Tract; provided that such slips are parallel to (rather than perpendicular to) the shoreline. Staff further notes that at the time of site development for the RPUD the developer modified the shoreline to create a rip-rap shoreline extending from the rear property lines into the water body. This modified the MHWL and as a result the property line is a greater distance landward of the MHWL. As such, it was previously determined that for this development that if a dock does not protrude 20 feet past the original controlling MHWL no BDE should be required (See Attachment C). As per the Proposed Dock & Lift Plan, Sheet 03 of 07 within Attachment A, the proposed dock facility incorporates a shore parallel design and will satisfy the 7.5-foot side/riparian setback allowed by the RPUD (see above). The structurally attached boat lift will protrude 31.7 feet as measured from the Mean High-Water Line (MHWL). However, LDC Section 5.03.06.C.1, Measurement of dock protrusions and extensions, states: Measurement is made from the most restrictive of the following: property line, bulkhead line, shoreline, seawall, rip-rap line, control elevation contour, or mean high water line (MHWL). If measured from the property line, the most restrictive point as per the referenced requirement, the overall protrusion is 43± feet. LDC Section 5.03.06.C.4. states: The allowable protrusion of the facility into the waterway shall be based on the percentages described in subsection 5.03.06.E.2 of this LDC as applied to the true waterway width, as depicted by the survey, and not the platted canal width. The actual width of 3.D.a Packet Pg. 236 Attachment: Staff Report 07202022 (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) BDE-PL20220001854 – 1668 Vinland Way Page 4 of 9 July 20, 2022 the waterway is 126.8± feet at this location, MHWL to MHWL. Given that the proposed protrusion is 31.7 feet from the MHWL, the dock facility will occupy 25 percent of the waterway. Collier County records reveal that of the 14 platted single-family waterfront lots, each being allocated two boat slips as per the RPUD document, eight have been issued BDEs as follows: • 1660 Vinland Way – Lot 14 – HEX Decision 2022-06 – Single slip, 43-foot protrusion • 1664 Vinland Way – Lot 15 – HEX Decision 2022-07 – Single slip, 41-foot protrusion • 1672 Vinland Way – Lot 17 – HEX Decision 2018-11 – Single slip, 44-foot protrusion • 1680 Vinland Way – Lot 19 – HEX Decision 2022-11 – Single slip, 41-foot protrusion • 1684 Vinland Way – Lot 20 – HEX Decision 2018-17 – Single slip, 42-foot protrusion • 1688 Vinland Way – Lot 21 – HEX Decision 2016-36 – Single slip, 44-foot protrusion • 1692 Vinland Way – Lot 22 – HEX Decision 2017-11 – Single slip, 44-foot protrusion • 1696 Vinland Way – Lot 23 – HEX Decision 2018-07 – Single slip, 43-foot protrusion SURROUNDING LAND USE & ZONING: North: Vinland Way (Right-of-Way), then Single-family dwelling within the Landings at Bear’s Paw PUD East: Single-family dwelling within the Landings at Bear’s Paw PUD South: Golden Gate Canal, then single family dwellings within a Residential Single- Family-4 (RSF-4) zoning district West: Single-family dwelling within the Landings at Bear’s Paw PUD Aerial – Collier County GIS 3.D.a Packet Pg. 237 Attachment: Staff Report 07202022 (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) BDE-PL20220001854 – 1668 Vinland Way Page 5 of 9 July 20, 2022 3.D.aPacket Pg. 238Attachment: Staff Report 07202022 (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) BDE-PL20220001854 – 1668 Vinland Way Page 6 of 9 July 20, 2022 ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request. The property is located adjacent to the Gordon River. The proposed docking facilities will be constructed waterward of the existing riprap shoreline. The shoreline does not contain native vegetation. A submerged resources survey provided by the applicant found no submerged resources in the area 200 feet beyond the proposed docking facility. Exhibit sheet 5 of 7 provides an aerial with a note stating that no seagrasses were observed within 200 feet. This project does not require an Environmental Advisory Council Board (EAC) review, because this project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. STAFF ANALYSIS: In accordance with LDC Section 5.03.06.H., the Collier County Hearing Examiner shall approve, approve with conditions, or deny a dock facility extension request based on certain criteria. In order for the Hearing Examiner to approve this request, at least four of the five primary criteria and four of the six secondary criteria must be met: Primary Criteria: 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Criterion met. The subject property is located within the residential development area of a Residential Planned Unit Development (RPUD) for which the RPUD document specifically allows each platted single-family lot located along the Golden Gate Canal two boat slips. The petitioner desires to construct a dock facility with a single slip with boatlift. 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 attached survey and plans demonstrate that there is insufficient water depth at the 20-foot protrusion line as measured from the property line, the most restrictive point of measure. 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 3.D.a Packet Pg. 239 Attachment: Staff Report 07202022 (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) BDE-PL20220001854 – 1668 Vinland Way Page 7 of 9 July 20, 2022 into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Criterion met. The proposed dock facility will only protrude 31.74 feet from the MHWL into the subject waterway that is approximately 126.8± feet wide from MHWL to MHWL. The entire waterway is used for navigation as there are no navigational markers indicating the exact thread of navigation. The residences on the opposite shore have their docks on a different canal/waterway. 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 navigabil ity. (The facility should maintain the required percentages.) Criterion met. The approximate waterway width is 126.8± feet, MHWL to MHWL. The requested total dock protrusion is 31.7 feet from the MHWL which is 25 percent of the width of the waterway; therefore, more than 50 percent of the waterway is open for navigation. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Criterion met. The new dock facility incorporates a shore parallel design and will not exceed the 7.5-foot side setback requirements from both property/riparian lines. The dock facility and location have been designed to satisfy required setbacks, provide safe access to/from a vessel, and not to interfere with any future neighboring dock facilities that may be constructed. 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 design of the proposed dock facility is greatly influenced by a property line that was pushed back during the design phase of the development to allow for the canals shoreline to be stabilized using rip-rap. At this location the property line is 11.3± feet landward of the MHWL. Due to this condition the existing dock protrudes further out into the waterway in order to decrease the access walkway’s slope and to reach out to adequate water depths to safely moor the vessel and allow the boatlift to function properly. 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.D.a Packet Pg. 240 Attachment: Staff Report 07202022 (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) BDE-PL20220001854 – 1668 Vinland Way Page 8 of 9 July 20, 2022 Criterion met. The applicant’s agent states: “The proposed dock facility has been minimized in order to meet the County dock building guidelines, the approved PUD, and be constructed within the 25% width of waterway. The proposed protrusion is consistent with the other dock designs that have been approved within this same development along subject shoreline. The design also provides adequate and safe access to and from the vessel while still allowing room for other recreational use like fishing and kayak/paddle board storage on the dock.” Staff concurs. 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 67 feet of water/canal frontage, and the proposed dock facility has been designed to moor a single 39-foot vessel which equates to 58.21 percent of said waterfrontage. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. The proposed dock facility is one of potentially 14 other single-family docking facilities to be constructed along the subject shoreline not including the HOA’s docking facility. The proposed dock facility uses a shore parallel design and will satisfy the required 7.5-foot side/riparian setbacks applicable to this RPUD. All waterfront homes desiring a dock facility along this shoreline will have similar challenges and no one homeowner should be impacted more than another. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(I) of the LDC must be demonstrated.) Criterion met. There are no seagrass beds present on the property nor the neighboring properties within 200-feet of the existing dock structure. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) Criterion is not applicable. Criterion not applicable. The provisions of the Collier County Manatee Protection Plan do not apply to single-family dock facilities except for those within the seawalled basin of Port of the Islands; the subject property is not located within Port of the Islands. Staff analysis finds this request complies with five of the five of the primary criteria. With respect to the six secondary criteria, one of the criteria is found to be not applicable and the request meets four of the remaining five. 3.D.a Packet Pg. 241 Attachment: Staff Report 07202022 (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) BDE-PL20220001854 – 1668 Vinland Way Page 9 of 9 July 20, 2022 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-PL20220001854, to allow for the construction of the proposed dock facility as depicted within the plans contained within Attachment A. Attachments: A) Proposed Site and Dock Plans B) Public Hearing Sign Posting C) E-mail from Collier County Development Review D) Applicant’s Backup 3.D.a Packet Pg. 242 Attachment: Staff Report 07202022 (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 26.166608<> LONGITUDE:W -81.782162SITE ADDRESS:<> 1668 VINLAND WAY NAPLES, FL 34105Turrell, 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:\20000 garland jobs 2020\20000.46 wortzman-1668 vinland way\CAD\PERMIT-COUNTY\20000.46-BDE.dwg LOCATION MAP 4/11/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ03-09-2220000.46-35251668 VINLAND WAYLOCATION MAP49-------------------01 OF 07COLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWSUBJECTPROPERTYKEY WESTTAMPAFT.MYERSMIAMINAPLES3.D.bPacket Pg. 243Attachment: Attachment A - Proposed Site and Dock Plans (22865 : PL20220001854 BDE 1668 Vinland SITE ADDRESS:,1668 VINLAND WAYNAPLESFL34105·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"COURT GREGORY SURVEYING, INC."02-17-2022-1.53'+0.44'67'184'126.8'NESW0102040SCALE 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:\20000 garland jobs 2020\20000.46 wortzman-1668 vinland way\CAD\PERMIT-COUNTY\20000.46-BDE.dwg EXISITNG CONDITIONS 4/11/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ03-09-2220000.46-35251668 VINLAND WAYEXISITNG CONDITIONS49-------------------02 OF 07MHW = 0.44'(NAVD '88)RIPARIANLINERIPARIANLINEPROPERTY LINEEXISTINGDOCKEXISTING RIPRAPEXISTINGEASEMENTEXISTINGPILESTRACT G - APPROXIMATECENTERLINE OF CANALRIPARIANSETBACK LINERIPARIANSETBACKLINE38'4'16'4'15.2 '14.2 '22'3.D.bPacket Pg. 244Attachment: Attachment A - Proposed Site and Dock Plans (22865 : PL20220001854 BDE 1668 Vinland p:\20000 garland jobs 2020\20000.46 wortzman-1668 vinland way\CAD\PERMIT-COUNTY\20000.46-BDE.dwg 4/11/2022NESW051020SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20000 garland jobs 2020\20000.46 wortzman-1668 vinland way\CAD\PERMIT-COUNTY\20000.46-BDE.dwg PROPOSED DOCK & LIFT 4/11/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ03-09-2220000.46-35251668 VINLAND WAYPROPOSED DOCK & LIFT49-------------------03 OF 07·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"COURT GREGORY SURVEYING, INC."02-17-2022-1.53'+0.44'67'184'126.8'67067031.7'6'39'16'36'13'1 6 '15'2 9 ' 2 5 '25' 14 ' 7'6'9'3'1'1'1.5'31.7' PROTRUSION FROM MHWL6'MHW = 0.44'(NAVD '88)RIPARIANLINEPROPERTY LINEEXISTING RIPRAPEXISTINGEASEMENTRIPARIANSETBACKLINERIPARIANLINERIPARIANSETBACKLINE7.5 '7.5 '11'PROPOSED RAILPROPOSEDFIXEDDOCKPROPOSEDLIFTAA0443' PROTRUSION FROM PROPERTY LINE11'11'6'8' 3 9 '3.D.bPacket Pg. 245Attachment: Attachment A - Proposed Site and Dock Plans (22865 : PL20220001854 BDE 1668 Vinland 03510SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20000 garland jobs 2020\20000.46 wortzman-1668 vinland way\CAD\PERMIT-COUNTY\20000.46-BDE.dwg CROSS SECTION 4/11/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ03-09-2220000.46-35251668 VINLAND WAYCROSS SECTION49-------------------04 OF 0743'31.7' PROTRUSION FROM MHWLMHW 0.44' (NAVD '88)EXISTINGRIP RAPTOE OF RIP RAPPROPOSEDFIXED DOCKPROPOSEDHAND RAILMLW -1.53' (NAVD '88)15' BOAT LIFT(NOT TO SCALEBECAUSE OF ANGLE)ALL PILES TO BE WRAPPEDFROM 6" BELOW SUBSTRATETO 12" ABOVE MHW3.D.bPacket Pg. 246Attachment: Attachment A - Proposed Site and Dock Plans (22865 : PL20220001854 BDE 1668 Vinland SITE ADDRESS:,1668 VINLAND WAYNAPLESFL34105NESW0153060SCALE 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:\20000 garland jobs 2020\20000.46 wortzman-1668 vinland way\CAD\PERMIT-COUNTY\20000.46-BDE.dwg SUBMERGED RESOURCE SURVEY 4/11/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ03-09-2220000.46-35251668 VINLAND WAYSUBMERGED RESOURCE SURVEY49-------------------05 OF 07PROPERTY LINEPROPOSEDDOCK10'120'200'TYPICAL DIVE TRANSECTNO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200 FT OF THEPROPOSED PROJECTTRANSECT3.D.bPacket Pg. 247Attachment: Attachment A - Proposed Site and Dock Plans (22865 : PL20220001854 BDE 1668 Vinland SITE ADDRESS:,1668 VINLAND WAYNAPLESFL34105NESW03060120SCALE 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:\20000 garland jobs 2020\20000.46 wortzman-1668 vinland way\CAD\PERMIT-COUNTY\20000.46-BDE.dwg ADJACENT DOCKS 4/11/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ03-09-2220000.46-35251668 VINLAND WAYADJACENT DOCKS49-------------------06 OF 07PROPERTY LINEPROPOSEDDOCKNOTE:THE DIMENSIONS SHOWN ARE APPROXIMATEAND ARE TAKEN FROM THE AERIAL IMAGE.18'23'20'35'24'32'31.7'3.D.bPacket Pg. 248Attachment: Attachment A - Proposed Site and Dock Plans (22865 : PL20220001854 BDE 1668 Vinland SITE ADDRESS:,1668 VINLAND WAYNAPLESFL34105NESW0153060SCALE 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:\20000 garland jobs 2020\20000.46 wortzman-1668 vinland way\CAD\PERMIT-COUNTY\20000.46-BDE.dwg WIDTH OF WATERWAY 4/11/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ03-09-2220000.46-35251668 VINLAND WAYWIDTH OF WATERWAY49-------------------07 OF 07PROPERTY LINEPROPOSEDDOCK126.8' WIDTH OF WATERWAY3.D.bPacket Pg. 249Attachment: Attachment A - Proposed Site and Dock Plans (22865 : PL20220001854 BDE 1668 Vinland 3.D.c Packet Pg. 250 Attachment: Attachment B - Sign Posting (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) 3.D.c Packet Pg. 251 Attachment: Attachment B - Sign Posting (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) 3.D.d Packet Pg. 252 Attachment: Attachment C - MHW determination of boat docks (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) 3.D.d Packet Pg. 253 Attachment: Attachment C - MHW determination of boat docks (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) 3.D.d Packet Pg. 254 Attachment: Attachment C - MHW determination of boat docks (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) 3.D.d Packet Pg. 255 Attachment: Attachment C - MHW determination of boat docks (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) 3.D.e Packet Pg. 256 Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) 3.D.e Packet Pg. 257 Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) 3.D.e Packet Pg. 258 Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) 3.D.e Packet Pg. 259 Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) 3.D.e Packet Pg. 260 Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) 3.D.e Packet Pg. 261 Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) 3.D.e Packet Pg. 262 Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) 3.D.e Packet Pg. 263 Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) Page 1 of 2 Operations & Regulatory Management Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 www.colliercountyfl.gov ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliercountyfl.gov or submit in person to the Addressing Section at the address listed below. This form must be signed by Addressing personnel prior to the pre-application meeting. Please allow 3 business days for processing. Not all items will apply to every project. Items in bold 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 Permit) 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 Improvement 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 DESCRIPTION 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) •LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right-of-way •SURVEY (copy – only needed for unplatted properties) CURRENT PROJECT NAME (if applicable) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL # Addressing Checklist (Rev 12/2021) T49, R25, S35 3.D.e Packet Pg. 264 Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) Addressing Checklist (Rev 12/2021) Page 2 of 2 Operations & Regulatory Management Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 www.colliercountyfl.gov Project or development names proposed for, or already appearing in, condominium documents (if application, indicate whether proposed or existing) Please Return Approved Checklist By: Email Personally picked up Applicant Name: Phone: Email: 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 A NEW FORM SUBMITTED. 54490010465 3/9/2022 3.D.e Packet Pg. 265 Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) Narrative Description: The proposed Boat Dock Extension request is for a single-family dock located within the Landings at Bear’s Paw development along the Gordon River. This section of the Gordon River bottoms lands is owned by the development as well as the rip-rap shoreline which is why we had the HOA provide us with a letter of support. The proposed dock has been designed developed by the applicant and his marine contractor which THA did a review prior to proceeding with the BDE process to verify it would meet the associated criteria. As proposed the dock will protrude approximately 43 feet from the plotted property line and approximately 31.7-feet from the MHWL. Therefore, as proposed the applicant is requesting a 11.7-foot extension as the MHWL in this case is the most restrictive point. The subject waterway is approximately 126.8-feet wide and as proposed the dock will protrude approximately 25% into the subject waterway. The required side yard setbacks as outlined within the RPUD documents are 7.5-feet and as proposed the dock will provide the required setbacks. Additionally, the RPUD also allows the Landings at Bear’s Paw development have up to 38 boat slips along their shoreline. The community docks accommodate 9 slips, and the remaining slips (29) are for the residences along the river which are allowed 2 slips per lot. The proposed dock is one of the allowed 29 slips along the river. 3.D.e Packet Pg. 266 Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) 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.) Criterion Met Response: The total waterfront length for this property is 67-ft. The zoning and upland land use is a single-family residential unit which warrants no more than 2 slips per CC-LDC as well as the approved PUD. The current proposed dock design has 1 optional boat slip. 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner’s application is unable to launch or moor at mean low tide (MLT). (The petitioner’s application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) Criterion Met Response: See attached survey/drawing illustrating the existing shoreline and associated base of riprap. At the 20-foot protrusion line taken from the Top of Bank there is just not sufficient water to accommodate the vessel nor boatlift and is still partially over the riprap. Therefore, there is insufficient water depths to moor a vessel or provide safe access to the docking facility within the 20- foot protrusion mark. 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Criterion Met Response: The proposed docking facility will not have any adverse impacts on navigation as it will only protrude 31.74-feet from the MHWL into the waterway that is approximately 126.8-feet wide from MHWL to MHWL. The entire waterway is used for navigation as there are no navigational markers indicating the exact thread of navigation. The proposed docking facility provides adequate 3.D.e Packet Pg. 267 Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) space for navigation through this waterway as well as provides sufficient space for a dock to be built across the waterway from the subject property and still provide adequate space for navigation. Additionally, the proposed dock protrusion is consistent with at least 3 if not 4 other existing docks along the subject 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.) Criterion Met Response: The proposed docking facility protrudes approximately 31.7-feet from the MHWL into a waterway that is 126.8-feet wide from MHW to MHW. The proposed dock protrudes approximately 25% into the waterway and therefore as proposed the dock does meet this criterion. 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Criterion Met Response: The proposed dock facility will provide 7.5-foot setbacks from both property/riparian lines. The approved PUD for the Landings at Bears Paw development only requires 7.5-feet setbacks for a docking facility that is parallel to the shoreline. The dock design and location has been designed to be located within the required setbacks, provide safe access with a vessel, and not interfere with any future neighboring docking facilities that maybe constructed. 3.D.e Packet Pg. 268 Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) 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: The proposed dock facility was primarily governed by the County guidelines and the approved PUD for the Landings at Bear’s Paw. The one special condition that has affected the overall proposed dock design was the relatively high Top of Bank elevation and the associated large rip-rap shoreline. Due to this condition the proposed access walkway portion of the dock needs to protrude further out into the waterway in order to decrease the access walkway’s slope and to reach out to adequate water depths to safely moor the vessel and allow the boatlift to function properly. Criterion Met 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: The proposed dock facility has been minimized in order to meet the County dock building guidelines, the approved PUD, and be constructed within the 25% width of waterway. The proposed design is consistent with the other dock designs that have been approved within this same development along the subject shoreline. The design also provides adequate and safe access to and from the vessel while still allowing room for other recreational use like fishing and kayak/paddle board storage on the dock. Criterion Met 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: The proposed dock facility has been designed to only moor one vessel up to 34-feet which is more than 50% the subject property’s linear waterfront footage. Therefore, this criterion is not met. 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) Response: The proposed dock facility will be one of potentially 14 other single-family docking facilities allowed to be constructed along this shoreline not including the HOA docking facility. The proposed dock has been designed within the designated setback area as outlined in the approved PUD document for this development. The proposed docking facility design is consistent with others on this waterway and will not affect neighboring properties view of the waterway. Criterion Met 3.D.e Packet Pg. 269 Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) 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: There are no seagrass beds present on the property nor the neighboring properties within 200’ of the existing dock structure. Criterion Met 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: The proposed work is a single-family dock facility and therefore not subject to Manatee Protection Requirements. 3.D.e Packet Pg. 270 Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) 3.D.ePacket Pg. 271Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) 3.D.ePacket Pg. 272Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) 3.D.ePacket Pg. 273Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) 3.D.ePacket Pg. 274Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE: N 26.166608<> LONGITUDE: W -81.782162SITE ADDRESS:<> 1668 VINLAND WAY NAPLES, FL 34105Turrell, 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:\20000 garland jobs 2020\20000.46 wortzman-1668 vinland way\CAD\PERMIT-COUNTY\20000.46-BDE.dwg LOCATION MAP 4/13/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:RY NO. 5875JRRMJ04-13-2220000.46-35251668 VINLAND WAYLOCATION MAP49-------------------01 OF 07COLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWSUBJECTPROPERTYKEY WESTTAMPAFT.MYERSMIAMINAPLES3.D.ePacket Pg. 275Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way SITE ADDRESS:,1668 VINLAND WAYNAPLES FL 34105·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"COURT GREGORY SURVEYING, INC."02-17-2022-1.53'+0.44'67'184'126.8'NESW0 102040SCALE 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:\20000 garland jobs 2020\20000.46 wortzman-1668 vinland way\CAD\PERMIT-COUNTY\20000.46-BDE.dwg EXISITNG CONDITIONS 4/13/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:RY NO. 5875JRRMJ04-13-2220000.46-35251668 VINLAND WAYEXISITNG CONDITIONS49-------------------02 OF 07MHW = 0.44'(NAVD '88)RIPARIANLINERIPARIANLINEPROPERTY LINEEXISTINGDOCKEXISTING RIPRAPEXISTINGEASEMENTEXISTINGPILESTRACT G - APPROXIMATECENTERLINE OF CANAL38'4'16'4'15.2 '14.2 '22'11'3.D.ePacket Pg. 276Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way p:\20000 garland jobs 2020\20000.46 wortzman-1668 vinland way\CAD\PERMIT-COUNTY\20000.46-BDE.dwg 4/13/2022NESW0 5 1020SCALE 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:\20000 garland jobs 2020\20000.46 wortzman-1668 vinland way\CAD\PERMIT-COUNTY\20000.46-BDE.dwg PROPOSED DOCK & LIFT 4/13/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:RY NO. 5875JRRMJ04-13-2220000.46-35251668 VINLAND WAYPROPOSED DOCK & LIFT49-------------------03 OF 07·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"COURT GREGORY SURVEYING, INC."02-17-2022-1.53'+0.44'67'184'126.8'67067031.7'6'39'16'36'13'1 6 '15'2 9 ' 2 5 '25' 14' 7'6'9'3'1'1'1.5'31.7' PROTRUSION FROM MHWL6'MHW = 0.44'(NAVD '88)RIPARIANLINEPROPERTY LINEEXISTING RIPRAPEXISTINGEASEMENTRIPARIANLINE11'PROPOSED RAILPROPOSEDFIXEDDOCKPROPOSEDLIFTAA0443' PROTRUSION FROM PROPERTY LINE11'11'6'8' 3 6 '3.D.ePacket Pg. 277Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way 0 3 510SCALE 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:\20000 garland jobs 2020\20000.46 wortzman-1668 vinland way\CAD\PERMIT-COUNTY\20000.46-BDE.dwg CROSS SECTION 4/13/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:RY NO. 5875JRRMJ04-13-2220000.46-35251668 VINLAND WAYCROSS SECTION49-------------------04 OF 0743'31.7' PROTRUSION FROM MHWLMHW 0.44' (NAVD '88)EXISTINGRIP RAPTOE OF RIP RAPPROPOSEDFIXED DOCKPROPOSEDHAND RAILMLW -1.53' (NAVD '88)15' BOAT LIFT(NOT TO SCALEBECAUSE OF ANGLE)ALL PILES TO BE WRAPPEDFROM 6" BELOW SUBSTRATETO 12" ABOVE MHW3.D.ePacket Pg. 278Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way SITE ADDRESS:,1668 VINLAND WAYNAPLES FL 34105NESW0 153060SCALE 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:\20000 garland jobs 2020\20000.46 wortzman-1668 vinland way\CAD\PERMIT-COUNTY\20000.46-BDE.dwg SUBMERGED RESOURCE SURVEY 4/13/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:RY NO. 5875JRRMJ04-13-2220000.46-35251668 VINLAND WAYSUBMERGED RESOURCE SURVEY49-------------------05 OF 07PROPERTY LINEPROPOSEDDOCK10'120'200'TYPICAL DIVE TRANSECTNO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200 FT OF THEPROPOSED PROJECTTRANSECT3.D.ePacket Pg. 279Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way SITE ADDRESS:,1668 VINLAND WAYNAPLES FL 34105NESW0 30 60120SCALE 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:\20000 garland jobs 2020\20000.46 wortzman-1668 vinland way\CAD\PERMIT-COUNTY\20000.46-BDE.dwg ADJACENT DOCKS 4/13/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:RY NO. 5875JRRMJ04-13-2220000.46-35251668 VINLAND WAYADJACENT DOCKS49-------------------06 OF 07PROPERTY LINEPROPOSEDDOCKNOTE:THE DIMENSIONS SHOWN ARE APPROXIMATEAND ARE TAKEN FROM THE AERIAL IMAGE.18'23'20'35'24'32'31.7'3.D.ePacket Pg. 280Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way SITE ADDRESS:,1668 VINLAND WAYNAPLES FL 34105NESW0 153060SCALE 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:\20000 garland jobs 2020\20000.46 wortzman-1668 vinland way\CAD\PERMIT-COUNTY\20000.46-BDE.dwg WIDTH OF WATERWAY 4/13/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:RY NO. 5875JRRMJ04-13-2220000.46-35251668 VINLAND WAYWIDTH OF WATERWAY49-------------------07 OF 07PROPERTY LINEPROPOSEDDOCK126.8' WIDTH OF WATERWAY3.D.ePacket Pg. 281Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way 3.D.ePacket Pg. 282Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) WORTZMAN DOCK 1668 VINLAND WAY NAPLES, FL 34105 SUBMERGED RESOURCE SURVEY MARCH 2022 PREPARED BY: TURRELL, HALL & ASSOCIATES, INC 3584 EXCHANGE AVENUE, STE B NAPLES, FL 34104 3.D.e Packet Pg. 283 Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) Wortzman Dock Submerged Resource Survey March 2022 2 1.0 INTRODUCTION The Wortzman dock and associated residence is located at 1668 Vinland Way and can be further identified by parcel #54490010465. The property is bound to the east and west by single family residences, to the north by Vinland Way, and to the south by Gordon River. The property is located at Section 35, Township 49S, and Range 25E. The landward portion of the property currently contains a single-family residence with an existing docking facility for one boat. Turrell, Hall & Associates was contracted to provide environmental permitting services pertaining to the proposed docking facility, which requires the completion of a Submerged Resource Survey (SRS). This report will provide planning and assistance to both the owner(s) and government agencies reviewing the proposed project. The SRS survey was conducted on March 23, 2022. Sea surface conditions consisted of clear skies, light winds out of the southeast, and an air temperature of 84° F at the time of the survey. During the time of the site visit it was a low tide which occurred at 9:53 A.M. (1.3 ft.) and high tide had occurred following our arrival onsite at 3:37 P.M. (2.9 ft.). The water temperature was approximately 74° F. 2.0 OBJECTIVE The objective of the submerged resource survey was to identify and locate any existing submerged resources within 200’ of the proposed project. The survey provided onsite environmental information to help determine if the proposed project would impact any existing submerged resources and if so would assist in reconfiguring the proposed dock in order to minimize any impacts. The general scope of work performed at the site is summarized below. • Turrell, Hall & Associates personnel conducted a site visit to verify the location of any submerged resources within 200-feet. • Turrell, Hall & Associates personnel identified submerged resources at the site (or the lack there of), estimated the percent coverage, and delineated the approximate limits of any submerged resources observed. • Turrell, Hall & Associates personnel delineated limits via a handheld GPS (Garmin Model 76csx). 3.D.e Packet Pg. 284 Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) Wortzman Dock Submerged Resource Survey March 2022 3 3.0 METHODOLOGY Turrell, Hall & Associates biologists intentionally designed the methodology of the Submerged Resource Survey to cover the entire property shoreline for the proposed dock and boat-lift installation as well as to extend off-site approximately 200-feet. The components for this survey included: ● Review of aerial photography of survey area ● Establish survey transects lines overlaid onto aerials ● Physically swim transects, GPS locate limits of submerged resources, and determine approximate percent of coverage ● Document and photograph all findings The survey area was evaluated systematically by following the established transects, spaced approximately 10-15 feet apart as shown on the attached exhibit. The existing surrounding docks on the canal provided reference points for easily identifiable land markers such as dock pilings which assisted in maintaining position within each transect. 4.0 RESULTS The substrate found within the surveyed area consists of 1 distinct classification: silt sand with a layer of muck which also included minimal shell debris scattered throughout the entire surveyed area. The shoreline consists of a rip-rap bank with an existing docking facility and (2) mooring piles. The existing dock and surrounding docking facilities all support a variety of fish as well as sessile and motile invertebrates such as barnacles and mud crabs. Some of the existing dock piles carried historic fragments or remains of oysters, but no live individuals were observed. Algae was observed covering parts of the submerged portions of the piles and rocks along the shoreline but was not observed in the underlying substrate. The majority of the project site was devoid of vegetative growth, presumably because of the low water quality and high levels of freshwater which also reduces penetration of the water column by sunlight. A list of observed species can be seen below in Table 1. Table 1 – Observed fish species Common Name Scientific Name Striped Mullet Mugil cephalus Gray Snapper Lutjanus grisens Barnacle Amphibalanus spp. Mud Crab Panopius herbstii 3.D.e Packet Pg. 285 Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) Wortzman Dock Submerged Resource Survey March 2022 4 5.0 CONCLUSIONS The submerged resource survey conducted at the project site yielded few findings at best. Barnacles, mud crabs, and numerous fish species could be seen along the shoreline as well as out on the adjacent dock pilings. Seagrasses were not observed anywhere near the project site. All fish species were observed swimming in and around the shoreline. Negative impacts to submerged resources are not expected with the proposed project. EXISTING DOCK & RIP-RAP SHORELINE EXISTING DOCK AND WATERWAY Typical Bottom Sediment Existing Growth on Dock Piles 3.D.e Packet Pg. 286 Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) 3.D.ePacket Pg. 287Attachment: Attachment D - Applicant's Backup (22865 : PL20220001854 BDE 1668 Vinland Way Wortzman) 08/11/2022 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.E Item Summary: Petition No. VA RPL20210003159 - 1385 Wood Duck Trail Wicklund - equest for an after-the-fact variance from Section 3.5.I, Table I, Side Yard for Single-Family Detached dwellings, from 7.5 feet to 2 feet, as provided for in Ordinance 02 -71, as amended, the Pelican Marsh Planned Unit Development (PUD), and to reduce the maximum allowable setback for roof overhangs, pursuant to Section 04.02.01.D.8 of the Collier County Land Development Code (LDC), from not closer than 1-foot from the property line to 8-inches from the property line. This request is to allow the continued existence of a pergola constructed 2 feet from the western property line with an overhang of 8 - inches from the western property line of 1385 Wood Duck Trail, also known as Site 36, Pelican Marsh Unit Two, in Section 27, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 2 Meeting Date: 08/11/2022 Prepared by: Title: Planner – Zoning Name: John Kelly 07/22/2022 5:57 PM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 07/22/2022 5:57 PM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 07/23/2022 1:24 AM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 07/27/2022 5:51 PM Zoning Ray Bellows Review Item Completed 07/29/2022 3:34 PM Zoning Mike Bosi Review Item Completed 07/29/2022 3:43 PM Hearing Examiner Andrew Dickman Meeting Pending 08/11/2022 9:00 AM 3.E Packet Pg. 288 VA-PL20210003159; 1385 Wood Duck Trail Page 1 of 8 07/23/2022 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION- ZONING SERVICES SECTION HEARING DATE: AUGUST 11, 2022 SUBJECT: PETITION VA-PL20210003159; 1385 WOOD DUCK TRAIL _____________________________________________________________________________ PROPERTY OWNER/APPLICANT: AGENT: Douglas F. and Kathleen A. Wicklund Noel J. Davies, Esq. 1385 Wood Duck Trail Davies Duke, PLLC Naples, FL 34108 1415 Panther Lane, Suite 442 Naples, FL 34109 REQUESTED ACTION: To have the Collier County Hearing Examiner (HEX) consider an after-the-fact variance from Section 3.5.I, Table 1, Side Yard for Single-Family Detached dwellings, from 7.5 feet to 2 feet, as provided for in Ordinance 02-71, as amended, the Pelican Marsh Planned Unit Development (PUD), and to reduce the maximum allowable setback for roof overhangs, pursuant to Section 4.02.01.D.8 of the Collier County Land Development Code (LDC), from not closer than 1-foot from the property line to 8-inches from the property line. This request is to allow the continued existence of a pergola constructed 2 feet from the western property line with a roof overhang of 8- inches from the western property line of the subject property. GEOGRAPHIC LOCATION: The subject property is located at 1385 Wood Duck Trail and is legally recognized as Site 36, Pelican Marsh Unit Two, in Section 27, Township 48 South, Range 25 East, Collier County, Florida, and comprises 0.29± acres (See location map below). PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks a Variance to allow for the continued existence of a pergola that was constructed by a prior owner of the subject property without having obtained a building permit. The permitting issue was recognized prior to completion of the sale of the property to the present owner who learned of the setback issue while closing. Upon engaging the building permit (Continued on Page 4) 3.E.a Packet Pg. 289 Attachment: Staff Report 07232022 (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) VA-PL20210003159; 1385 Wood Duck Trail Page 2 of 8 07/23/2022 3.E.aPacket Pg. 290Attachment: Staff Report 07232022 (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) VA-PL20210003159; 1385 Wood Duck Trail Page 3 of 8 07/23/2022 Survey 3.E.a Packet Pg. 291 Attachment: Staff Report 07232022 (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) VA-PL20210003159; 1385 Wood Duck Trail Page 4 of 8 07/23/2022 Purpose/Description of Project (Continued from Page 1) Process it became known to the new owner that the existing pergola does not satisfy setback requirements for structures of this type. Staff’s determination of the actual setback requirement for structures such as pergolas is reliant upon a staff memo issued on April 9, 2007, pertaining to “trellises, arbors and similar structures;” see Attachment B. Based upon this clarification, staff opines that the actual use of the subject pergola is more akin to a pool enclosure than to a fence and therefore finds the pergola to be an unlisted accessory structure for which principal structure setbacks are applicable. The subject property comprises 0.23 acres located within a Residential component of the Pelican Marsh PUD, Ordinance 02-71, as amended. Residential Development Standards are contained within Section 3.5, Table 1, of the Pelican Marsh PUD. The required side setback for a structure of this type is 7.5. Additionally, LDC Section 4.02.D.8, Exemptions and Exclusions from Design Standards, states: “Hoods, canopies, or roof overhangs shall not project over three (3) feet into a required yard, but shall not come closer than one (1) foot to the lot line.” Section 1.08.02 of the LDC defines Lot line as: “The boundary of a lot; the legally defined limits of a lot.” A Survey Sketch of Boundary Survey dated 08/28/2021, see Attachment A, reveals the subject pergola was built 2 feet from the western (side) property line and therefore encroaches 5.5 feet into the required 7.5-foot side yard. It was observed that the subject pergola has an open roof-type overhang that protrudes beyond the vertical columns further into the side yard. Staff had repeatedly requested the applicant provide a structural elevation to accurately determine the amount of overhang; however, the applicant’s agent was of the belief a photo with tape measure depicting an 8-inch separation from the western property line should suffice. Zoning staff has opted not to pursue the matter further as it could be argued that the overhang in question is more of an architectural embellishment and is not an actual roof; Building Review staff has opined that either interpretation could be correct. Zoning staff is therefore opting to accept the applicant’s exhibit and finds the provided measurement of 8-inches from the western property line to be valid. The property owner will likely need to provide additional structural drawings and measurements at the time of permitting. SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding boundaries of the subject property: North: Pelican Marsh PUD, Reserve District, conservation and open space South: Wood Duck Trail right-of-way (ROW) followed by a single-family dwelling within the Pelican Marsh PUD East: Pelican Marsh PUD, Reserve District, conservation and open space West: A single-family dwelling located within the Pelican Marsh PUD 3.E.a Packet Pg. 292 Attachment: Staff Report 07232022 (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) VA-PL20210003159; 1385 Wood Duck Trail Page 5 of 8 07/23/2022 Collier County GIS Provided by Applicant (overhang circled) 3.E.a Packet Pg. 293 Attachment: Staff Report 07232022 (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) VA-PL20210003159; 1385 Wood Duck Trail Page 6 of 8 07/23/2022 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Urban Designation, Urban Residential Subdistrict, land use classification on the County’s Future Land Use Map (FLUM) of the Future Land Use Element (FLUE) of the GMP. The GMP does not address individual Variance requests but deals with the larger issue of the actual use. The existing single-family use is consistent with the FLUM of the GMP. The requested variance does not have any impact on this property's consistency with the County's GMP. ZONING DIVISION ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.03. Staff has analyzed this petition relative to these provisions and offers the following responses: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes, the subject property is an irregular shaped lot that abuts lands allocated as “Reserve” on two sides. Said Reserve Lands are very similar to preserves as they are for the most part undeveloped and serve as both conservation area and open space. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which are the subject of the Variance request? Yes, the current property owner has provided a notarized statement dated May 27, 2022, in which he acknowledges the encroachment of the pergola were discovered as part of the purchase of the subject property; see Attachment D. Said pergola was constructed at the direction of a prior owner of the property without the benefit of a formally reviewed and issued building permit. The current property owner seeks to resolve all issues with respect to permits and setbacks to clear any Code and/or title issues with the property. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? The applicant’s agent states: “Yes, a literal interpretation of this zoning code will work unnecessary and undue hardship on the Applicant and will create practical difficulties on the Applicant. The Applicant inherited the special conditions and circumstances from his predecessor in title; the Applicant did not create the encroachment. Further, the Applicant only has one neighbor (located immediately to the west and adjacent to the subject encroachment), which neighbor does not object to this Application; please see attached e- mail from the subject neighbor.” Given the adjoining property owner offers no objection to the existing pergola, staff concurs. (see copy of e-mail in Attachment D) d. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of 3.E.a Packet Pg. 294 Attachment: Staff Report 07232022 (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) VA-PL20210003159; 1385 Wood Duck Trail Page 7 of 8 07/23/2022 health, safety and welfare? Yes, the Variance, if granted, is the minimum required to accommodate the existing pergola which will result in no negative impacts with respect to health, safety, and welfare. Again, the adjoining property owner is supportive of this variance request. e. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? By definition, a Variance bestows some dimensional relief from the zoning regulations specific to a site. LDC Section 9.04.02 allows relief through the Variance process for any dimensional development standard. As such, other properties facing a similar hardship would be entitled to make a similar request and would be conferred equal consideration on a case by case basis. f. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes, Sections 3.1 and 3.3 of the PUD document reveal the purpose and intent of the Residential Land Use District is to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational and educational facilities, essential services and customary accessory uses. The requested Variance will be in harmony with the general intent and purpose of the PUD which has been deemed to be consistent with the Land Development Code and will not harm public safety, health and welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes, two sides of the subject property abut lands allocated as “Reserve District.” Additionally, existing landscaping on the adjoining property to the west is sufficient to cause the adjoining property owner to support this variance request. h. Will granting the Variance be consistent with the Growth Management Plan? Yes, approval of this Variance will not affect or change the requirements of the GMP with respect to density, intensity, compatibility, access/connectivity, or any other applicable provisions. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC does not normally hear variance petitions. Since the subject variance doesn’t impact any preserve area, the EAC did not hear this petition. CONCURRENT LAND USE APPLICATIONS: There are no concurrent land use applications under review at the present time. 3.E.a Packet Pg. 295 Attachment: Staff Report 07232022 (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) VA-PL20210003159; 1385 Wood Duck Trail Page 8 of 8 07/23/2022 PUBLIC NOTICE: Notice Requirements for Variance petitions are contained within LDC Section 10.03.06.F.2. The required Agent Letter was sent to all property owners located within 150 feet of the subject property on or about June 8, 2022, as evidenced by an executed Affidavit of Compliance contained within Attachment D. Notice of the Hearing Examiner hearing was provided by newspaper advertisement, mailed notice to owners within 500 feet of the site, and posting of a public notice sign on the site at least 15 days prior to the hearing. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition VA- PL20210003159, to reduce the minimum side yard on the western side from 7.5 feet to 2 feet and to allow a roof overhang to extend up to 8 inches from the adjoining lot, to allow for the continued existence of a pergola as depicted within Attachment A. As a condition of approval, the applicant must apply for and obtain an after-the-fact building permit together with a Certificate of Occupancy/Completion for the existing pergola; failure to comply with this condition could result in a Code Enforcement action against the current property owner and/or any future property owner. Attachments: A. Sketch of Boundary Survey B. Memo – Trellises, arbors and similar structures, setbacks – 04/09/2007 C. Public Hearing Sign Posting D. Applicant’s Backup - Application, Narrative, Authorizations, etc. 3.E.a Packet Pg. 296 Attachment: Staff Report 07232022 (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) 3.E.b Packet Pg. 297 Attachment: Attachment A - Survey (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) 3.E.b Packet Pg. 298 Attachment: Attachment A - Survey (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) PAGE 3 OF 3 NOT VALID WITHOUT PAGES 1 AND 2 OF 3 GENERAL NOTES ABSTRACT NOT REVIEWED N = NORTH S = SOUTH E = EAST W = WEST, OR ANY COMBINATION THEREOF 1. º = DEGREES 2. ‘ = MINUTES WHEN USED IN A BEARING 3. “ = SECONDS WHEN USED IN A BEARING 4. ‘ = FEET WHEN USED IN A DISTANCE 5. “ = INCHES WHEN USED IN A DISTANCE 6. ± = “MORE OR LESS” OR “PLUS OR MINUS” 7. A = ARC DISTANCE 8. AC = ACRES 9. A/C = AIR CONDITIONING PAD 10. AE = ACCESS EASEMENT 11. B.E. = BUFFER EASEMENT 12. BM = BENCHMARK 13. BOB = BASIS OF BEARING 14. BRG = BEARING 15. C# = CURVE NUMBER 16. C = CALCULATED 17. CB = CATCH BASIN 18. CHB = CHORD BEARING 19. CHD = CHORD 20. CLF = CHAINLINK FENCE 21. CM = CONCRETE MONUMENT 22. C0 = CLEAN OUT 23. CONC = CONCRETE 24. CP = CONCRETE PAD 25. CSW = CONCRETE SIDEWALK 26. CTV= CABLE TV RISER 27. CUE= COLLIER COUNTY UTILITY EASEMENT 28. D = DEED 29. DE= DRAINAGE EASEMENT 30. DH = DRILL HOLE 31. DI = DROP INLET 32. ELEC= ELECTRIC 33. EOP = EDGE OF PAVEMENT 34. EOR = EDGE OF ROAD 35. EOW = EDGE OF WATER 36. F= AS LABELED OR FOUND IN THE FIELD 37. F.A.C. = FLORIDA ADMINISTRATIVE CODE 38. FCC = FOUND CROSS CUT 39. FCM = FOUND CONCRETE MONUMENT 40. FEMA = FEDERAL EMERGENCY MANAGEMENT AGENCY 41. FDH = FOUND DRILL HOLE 42. FFE = FINISH FLOOR ELEVATION 43. FH = FIRE HYDRANT 44. FIP = FOUND IRON PIPE 45. FIR = FOUND IRON ROD 46. FN = FOUND NAIL 47. FND = FOUND 48. FPK = FOUND PK NAIL 49. FPK&D = FOUND PK NAIL AND DISC 50. GTE = TELEPHONE RISER 51. ILLEG. = ILLEGIBLE LB OR PSM NUMBER 52. LB = LICENSED BUSINESS 53. LBE = LANDSCAPE BUFFER EASEMENT 54. LME = LAKE MAINTENANCE EASEMENT 55. LP = LIGHT POLE 56. M = MEASURED 57. ME = MAINTENANCE EASEMENT 58. MH = MANHOLE 59. NAVD 1988 = NORTH AMERICAN VERTICAL DATUM OF 1988 60. NGVD 1929 = NATIONAL GEODETIC VERTICAL DATUM OF 1929 61. NO ID = NO IDENTIFYING MARKINGS 62. (NR) = NON-RADIAL 63. NTS= NOT TO SCALE 64. OHP= OVERHEAD POWER 65. OHU = OVERHEAD UTILITY LINE 66. O.R. = OFFICIAL RECORD BOOK 67. P = PLAT 68. PC = POINT OF CURVATURE 69. PCC = POINT OF COMPOUND CURVATURE 70. PCP = PERMANENT CONTROL POINT 71. PG = PAGE 72. PI = POINT OF INTERSECTION 73. PK&D = PARKER KALON NAIL AND DISC 74. PLS = PROFESSIONAL LAND SURVEYOR 75. POB = POINT OF BEGINNING 76. POC = POINT OF COMMENCEMENT 77. PP = POWER POLE 78. PRC = POINT OF REVERSE CURVE 79. PRM = PERMANENT REFERENCE MONUMENT 80. PSM= PROFESSIONAL SURVEYOR AND MAPPER 81. PU & DE = PUBLIC UTILITY & DRAINAGE EASEMENT 82. PUE = PUBLIC UTILITY EASEMENT 83. ( R ) = RADIAL 84. R = RADIUS 85. RING = ITEM DETECTED BY METAL DETECTOR BUT NOT RECOVERED 86. RNG= RANGE 87. ROW = RIGHT-OF-WAY 88. RR SPK = RAILROAD SPIKE 89. SAT= SATELLITE DISH 90. SEC = SECTION 91. SPK&D = SET PK WITH DISC WITH LB NUMBER 92. SIR = SET 5/8" IRON ROD WITH LB NUMBER 93. TBM = TEMPORARY BENCH MARK 94. TECO= TAMPA ELECTRIC COMPANY 95. TEL = TELEPHONE FACILITIES 96. TOB = TOP OF BANK 97. TP = TRANSMITTER PAD 98. TUE = TECHNOLOGY UTILITY EASEMENT 99. TVR= TELEVISION RISER 100. TWP= TOWNSHIP 101. UE = UTILITY EASEMENT 102. VF = VINYL FENCE 103. W = WATER SERVICE 104. WB = WATER BOX 105. WF= WOOD FENCE 106. WPP= WOOD POWER POLE 107. WREC= WITHLACOOCHEE RIVER ELECTRIC COMPANY 108. = DELTA OR CENTRAL ANGLE OF CURVE 109. DIMENSIONS ARE IN FEET AND IN DECIMALS THEREOF 110. ELEVATIONS SHOWN HEREON ARE NAVD 1988 UNLESS OTHERWISE STATED 111. ALL PHYSICAL IMPROVEMENTS SHOWN WITHOUT DIMENSIONS ARE FOR INFORMATIONAL PURPOSES ONLY. THAT THEY DO EXIST, BUT WERE NOT NECESSARILY MEASURED IN THE FIELD. 112. NOTE: LEGAL DESCRIPTION PROVIDED BY CLIENT UNLESS OTHERWISE NOTED. 113. EASEMENTS AND RIGHT OF WAYS SHOWN ARE PER RECORDED PLAT OR AS FURNISHED BY THE CLIENT 114. FOUNDATION LINE BELOW THE SURFACE OF THE GROUND IS NOT REFLECTED 115. THIS SURVEY IS NOT TO BE USED FOR CONSTRUCTION PURPOSES UNDER ANY CONDITION UNLESS OTHERWISE STATED 116. NO UNDERGROUND INSTALLATIONS OR IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS NOTED 117. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHT OF WAYS, AND/OR OWNERSHIP WERE FURNISHED THIS SURVEYOR EXCEPT AS SHOWN 118. THERE ARE NO VISIBLE ENCROACHMENTS EXCEPT THOSE AS DELINEATED ON THIS PLAT OF SURVEY 119. TIES ARE TO FIELD LINES UNLESS OTHERWISE NOTED 120. THERE MAY BE ADDITIONAL RESTRICTIONS AND/OR EASEMENTS THAT ARE NOT RECORDED ON SAID PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY 121. FENCES MEANDER ON AND OFF LINE, APPROXIMATE LOCATION ONLY UNLESS STATED OTHERWISE. 122. THE LINES ON THIS SKETCH DO NOT CONSTITUTE OWNERSHIP 123. THE INTENT OF THIS SURVEY IS FOR TITLE TRANSFER ONLY UNLESS STATED OTHERWISE. 124. FLORIDA STATUTE : TWO SITE BENCHMARKS ARE REQUIRED FOR CONSTRUCTION. 125. THIS SURVEY DOES NOT REFLECT OR DETERMINE OWNERSHIP. 126. 121. F.E.M.A. FLOOD HAZARD MAPPING: THIS DATE PRODUCT WAS NOT DESIGNED TO MAKE PRECISE IN/OUT FLOOD RISK DETERMINATIONS. THIS PRODUCT IS NOT SUITABLE FOR ENGINEERING APPLICATIONS AND CANNOT BE USED TO DETERMINE ABSOLUTE DELINEATIONS OF FLOOD BOUNDARIES. CALL 1-877-FEMAMAP OR EMAIL A MAP SPECIALIST AT: HTTP://WWW.FEMA.GOV/PLAN/PREVENT/FHM/TSD_EMAP.SHT PROPERTY OWNER SHOULD OBTAIN WRITTEN FLOOD ZONE DETERMINATION FROM LOCAL PERMITTING, PLANNING AND BUILDING DEPARTMENT PRIOR TO ANY CONSTRUCTION PLANNING AND/OR CONSTRUCTION 127. IN COMPLIANCE WITH F.A.C. 5J-17.052(2)(D)(4) – IF LOCATION OF EASEMENTS OR RIGHT-OF-WAY OF RECORD, OTHER THAN THOSE ON RECORD PLAT, IS REQUIRED, THIS INFORMATION MUST BE FURNISHED TO THE SURVEYOR AND MAPPER. 128. IF APPLICABLE, FENCES SHOWN MEANDER ON OR OFF LINES (APPROXIMATE LOCATION ONLY) 129. ARCHITECTURAL FEATURES, SUCH AS FURRING STRIPS, SIDING, CORNICES, STUCCO, ETC., OUTSIDE THE LINE OF THE STRUCTURE HAVE BEEN TAKEN INTO ACCOUNT WHEN GIVING TIES FROM THE STRUCTURE TO THE LOT LINES. 130. ATTENTION IS DIRECTED TO THE FACT THAT THIS SURVEY MAY HAVE BEEN REDUCED OR ENLARGED IN SIZE DUE TO REPRODUCTION. THIS SHOULD BE TAKEN INTO CONSIDERATION WHEN OBTAINING SCALED DATA. 3.E.b Packet Pg. 299 Attachment: Attachment A - Survey (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) 3.E.c Packet Pg. 300 Attachment: Attachment B - Memo – Trellises, arbors and similar structures, setbacks (22887 : PL20210003159 VA 1385 Wood Duck Trail 3.E.c Packet Pg. 301 Attachment: Attachment B - Memo – Trellises, arbors and similar structures, setbacks (22887 : PL20210003159 VA 1385 Wood Duck Trail 3.E.d Packet Pg. 302 Attachment: Attachment C - Sign Posting (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) 3.E.d Packet Pg. 303 Attachment: Attachment C - Sign Posting (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) 3.E.d Packet Pg. 304 Attachment: Attachment C - Sign Posting (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 VARIANCE PETITION APPLICATION Variance from Setbacks Required for a Particular Zoning District LDC section 9.04.00 & Code of Laws section 2-83 -2-90 PROJECT NUMBER PROJECT NAME DATE PROCESSED Chapter 3 J. of the Administrative Code To be completed by staff APPLICANT CONTACT INFORMATION Name of Property Owner(s): ______________________ _ Name of Applicant if different than owner: _________________ _ Address: __________ City: _______ State: ___ ZIP: __ _ Telephone: Cell: ________ Fax: _______ _ E-Mail Address:--------------------------- Name of Agent: __________________________ _ Firm: ------------------------------ Address: ___________ City: _______ State: ___ ZIP: __ _ Telephone: ________ Cell: ________ Fax: _______ _ E-Mail Address:--------------------------- BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 4/27/2018 Page 1 of 6 Douglas F. Wicklund and Kathleen A. Wicklund Douglas F. Wicklund and Kathleen A. Wickund c/o Noel J. Davies, Esq., Davies Duke, PLLC1415 Panther Lane, Suite 442 Naples FL 34109 239-216-2792 noel.davies@daviesduke.com Noel J. Davies, Esq. Davies Duke, PLLC 1415 Panther Lane, Suite 442 Naples FL 34109 239-216-2792 noel.davies@daviesduke.com 3.E.e Packet Pg. 305 Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) 66679202309 34 48 25 Pelican Marsh Two 36 N/A 0.29 1385 Wood Duck Trail, Naples, FL 34108 PUD/DRI PUD/DRI PUD/DRI PUD/DRI UR/Golf Course UR/ResidentialUR/Golf Course UR/Residential 25 ft 7.5 ft 20 ft X X Site 36, Pelican Marsh Unit Two, according to the plat thereof recorded in Plat Book 22, pages 41-48, inclusive, of the Public Records of Collier County, Florida. 3.E.e Packet Pg. 306 Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) The Foundation of Pelican Marsh, Inc. 1504 Pelican Marsh Blvd.Naples FL 34109 3.E.e Packet Pg. 307 Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) rCounty - ...-. - COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 b)Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. c)Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. d)Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. e)Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. f)Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. g)Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. h)Will granting the variance be consistent with the Growth Management Plan? 4.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? OvesONo If yes, please provide copies. 4/27/2018 Page 4 of 6 X 3.E.e Packet Pg. 308 Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) 3.E.e Packet Pg. 309 Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) rCounty - ...-. - COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 Planners: Indicate if the petition needs to be routed to the following reviewers: □Bayshore/Gateway Triangle Redevelopment:□Historical ReviewExecutive Directorn City of Naples: Robin Singer, Planning Director □lmmokalee Water/Sewer District□Conservancy of SWFL: Nichole Ryan □Parks and Recreation: David Berra□ Emergency Management: Dan Summers; and/or □ School District (Residential Components): Amy □ EMS: Artie Bay Lockheart Other:□ FEE REQUIREMENTS □Pre-Application Meeting: $500.00□Variance Petition: o Residential-$2,000.00 o Non-Residential-$5,000.00 o 5th and Subsequent Review-20% of original fee □Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00□After The Fact Zoning/Land Use Petitions: 2x the normal petition fee□Listed Species Survey (if EIS is not required): $1,000.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and the permit fee shall be submitted to: Applicant Signature / Agent Printed Name 4/27/2018 Growth Management Department Zoning Division ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Date Page 6 of 6 Noel J. Davies, Esq., Agent 01/20/2021 3.E.e Packet Pg. 310 Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) 1415 Panther Lane Suite 442 Naples, FL 34109 Noel J. Davies, Esq. 239.216.2792 Noel.Davies@DaviesDuke.com www.DaviesDuke.com Offices: Naples, Fort Myers NARRATIVE STATEMENT 1385 WOOD DUCK TRAIL, NAPLES, FL 34108 VARIANCE PETITION APPLICATION Please allow this document to serve as the Applicant’s Narrative Statement for the above- referenced Variance Petition Application. Narrative This is a Variance Application for an after-the-fact variance from Section 3.5.I, Table I, Side Yard for Single-Family Detached dwellings, from 7.5 feet to 2 feet, as provided for in Ordinance 02-71, as amended, the Pelican Marsh Planned Unit Development (PUD). This request is to allow the continued existence of a pergola constructed 2 feet from the western property line and for relief from Sec. 04.02.01.D.8, roof overhangs, from not closer than one (1) foot from the lot line, to allow 8 inches from the lot line of 1385 Wood Duck Trail, also known as Site 36, Pelican Marsh Unit Two, in Section 27, Township 48 South, Range 25 East, Collier County, Florida. Specifically, this request is to allow the continued existence of a pergola constructed 2 feet from the western property line, with an overhang of 8 inches from the western property line, pursuant to Sections 9.04.02 and 04.02.01.D.8 of the Collier County Land Development Code and Chapter 3.J. of the Collier County Administrative Code. The condition was created by the Applicant’s predecessor in title, the Applicant had nothing to do with the encroachment, and the Applicant desires to reach compliance with the Code through the variance process. The subject request is for relief from a side yard setback for an existing single-family residence from 7.5 feet to 2 feet with an overhang of 8” from the western property line (as depicted on the attached survey), on the northwest corner of the subject property, located at 1385 Wood Duck Trail, Naples, Florida 34108. The subject encroachment was discovered on or about November of 2018, as part of the purchase of the Subject Property. The Applicant believes it meets the governing criteria set forth in Section 9.04.03 of the Collier County Land Development Code and Chapter 3.J. of the Collier County Administrative Code, including without limitation that the encroachment does not result from error or action on the part of the property owner. May 31, 2022 3.E.e Packet Pg. 311 Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) May 31, 2022 Page 1 of 2 1415 Panther Lane Suite 442 Naples, FL 34109 Noel J. Davies, Esq. 239.216.2792 Noel.Davies@DaviesDuke.com www.DaviesDuke.com Offices: Naples, Fort Myers VARIANCE CRITERIA Pursuant to LDC section 9.04.00, Applicant addresses the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Yes, there are special conditions and circumstances existing which are peculiar to the location, size, and characteristics of the land, structure, and building involved. The Applicant inherited the special conditions and circumstances from his predecessor in title; the Applicant did not create the encroachment. Further, the Applicant only has one neighbor (located immediately to the west and adjacent to the subject encroachment), which neighbor does not object to this Application; please see attached email from the subject neighbor. b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Yes, the special conditions and circumstances do not result from the action of the applicant in any way, including the pre-existing conditions relative to the property which is the subject of the variance. The Applicant inherited the special conditions and circumstances from his predecessor in title; the Applicant did not create the encroachment. Further, the Applicant only has one neighbor (located immediately to the west and adjacent to the subject encroachment), which neighbor does not object to this Application; please see attached email from the subject neighbor. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes, a literal interpretation of this zoning code will work unnecessary and undue hardship on the applicant and will create practical difficulties on the applicant. The Applicant inherited the special conditions and circumstances from his predecessor in title; the Applicant did not create the encroachment. Further, the Applicant only has one neighbor (located immediately to the west and adjacent to the subject encroachment), which neighbor does not object to this Application; please see attached email from the subject neighbor. 3.E.e Packet Pg. 312 Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) May 31, 2022 Page 2 of 2 d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Yes, the variance if granted, would be the minimum variance that would make possible the reasonable use of the land, building and structure and which promote standards of health, safety and welfare. The Applicant inherited the special conditions and circumstances from his predecessor in title; the Applicant did not create the encroachment. Further, the Applicant only has one neighbor (located immediately to the west and adjacent to the subject encroachment), which neighbor does not object to this Application; please see attached email from the subject neighbor. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. No, granting the variance requested would not confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings or structures in the same zoning district. The Applicant inherited the special conditions and circumstances from his predecessor in title; the Applicant did not create the encroachment. Further, the Applicant only has one neighbor (located immediately to the west and adjacent to the subject encroachment), which neighbor does not object to this Application; please see attached email from the subject neighbor. . f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Yes, granting the variance would be in harmony with the intent and purpose of the zoning code, and would not be injurious to the neighborhood, and would not be otherwise detrimental to the public welfare. Only one person would be impacted by the granting of the variance, namely the subject neighbor immediately west of the Applicant’s property; that neighbor does not object to the subject application; please see attached email from the subject neighbor. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. This criterion is not applicable to the subject application; should the County disagree, please let us know. h) Will granting the variance be consistent with the Growth Management Plan? Yes, granting the variance would be consistent with the Growth Management Plan. Only one person would be impacted by the granting of the variance, namely the subject neighbor immediately west of the Applicant’s property; that neighbor does not object to the subject application; please see attached email from the subject neighbor. 3.E.e Packet Pg. 313 Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) 3.E.e Packet Pg. 314 Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) 3.E.e Packet Pg. 315 Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) 3.E.e Packet Pg. 316 Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) 3.E.e Packet Pg. 317 Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) 3.E.e Packet Pg. 318 Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) 3.E.e Packet Pg. 319 Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) 3.E.e Packet Pg. 320 Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) PAGE 3 OF 3 NOT VALID WITHOUT PAGES 1 AND 2 OF 3 GENERAL NOTES ABSTRACT NOT REVIEWED N = NORTH S = SOUTH E = EAST W = WEST, OR ANY COMBINATION THEREOF 1. º = DEGREES 2. ‘ = MINUTES WHEN USED IN A BEARING 3. “ = SECONDS WHEN USED IN A BEARING 4. ‘ = FEET WHEN USED IN A DISTANCE 5. “ = INCHES WHEN USED IN A DISTANCE 6. ± = “MORE OR LESS” OR “PLUS OR MINUS” 7. A = ARC DISTANCE 8. AC = ACRES 9. A/C = AIR CONDITIONING PAD 10. AE = ACCESS EASEMENT 11. B.E. = BUFFER EASEMENT 12. BM = BENCHMARK 13. BOB = BASIS OF BEARING 14. BRG = BEARING 15. C# = CURVE NUMBER 16. C = CALCULATED 17. CB = CATCH BASIN 18. CHB = CHORD BEARING 19. CHD = CHORD 20. CLF = CHAINLINK FENCE 21. CM = CONCRETE MONUMENT 22. C0 = CLEAN OUT 23. CONC = CONCRETE 24. CP = CONCRETE PAD 25. CSW = CONCRETE SIDEWALK 26. CTV= CABLE TV RISER 27. CUE= COLLIER COUNTY UTILITY EASEMENT 28. D = DEED 29. DE= DRAINAGE EASEMENT 30. DH = DRILL HOLE 31. DI = DROP INLET 32. ELEC= ELECTRIC 33. EOP = EDGE OF PAVEMENT 34. EOR = EDGE OF ROAD 35. EOW = EDGE OF WATER 36. F= AS LABELED OR FOUND IN THE FIELD 37. F.A.C. = FLORIDA ADMINISTRATIVE CODE 38. FCC = FOUND CROSS CUT 39. FCM = FOUND CONCRETE MONUMENT 40. FEMA = FEDERAL EMERGENCY MANAGEMENT AGENCY 41. FDH = FOUND DRILL HOLE 42. FFE = FINISH FLOOR ELEVATION 43. FH = FIRE HYDRANT 44. FIP = FOUND IRON PIPE 45. FIR = FOUND IRON ROD 46. FN = FOUND NAIL 47. FND = FOUND 48. FPK = FOUND PK NAIL 49. FPK&D = FOUND PK NAIL AND DISC 50. GTE = TELEPHONE RISER 51. ILLEG. = ILLEGIBLE LB OR PSM NUMBER 52. LB = LICENSED BUSINESS 53. LBE = LANDSCAPE BUFFER EASEMENT 54. LME = LAKE MAINTENANCE EASEMENT 55. LP = LIGHT POLE 56. M = MEASURED 57. ME = MAINTENANCE EASEMENT 58. MH = MANHOLE 59. NAVD 1988 = NORTH AMERICAN VERTICAL DATUM OF 1988 60. NGVD 1929 = NATIONAL GEODETIC VERTICAL DATUM OF 1929 61. NO ID = NO IDENTIFYING MARKINGS 62. (NR) = NON-RADIAL 63. NTS= NOT TO SCALE 64. OHP= OVERHEAD POWER 65. OHU = OVERHEAD UTILITY LINE 66. O.R. = OFFICIAL RECORD BOOK 67. P = PLAT 68. PC = POINT OF CURVATURE 69. PCC = POINT OF COMPOUND CURVATURE 70. PCP = PERMANENT CONTROL POINT 71. PG = PAGE 72. PI = POINT OF INTERSECTION 73. PK&D = PARKER KALON NAIL AND DISC 74. PLS = PROFESSIONAL LAND SURVEYOR 75. POB = POINT OF BEGINNING 76. POC = POINT OF COMMENCEMENT 77. PP = POWER POLE 78. PRC = POINT OF REVERSE CURVE 79. PRM = PERMANENT REFERENCE MONUMENT 80. PSM= PROFESSIONAL SURVEYOR AND MAPPER 81. PU & DE = PUBLIC UTILITY & DRAINAGE EASEMENT 82. PUE = PUBLIC UTILITY EASEMENT 83. ( R ) = RADIAL 84. R = RADIUS 85. RING = ITEM DETECTED BY METAL DETECTOR BUT NOT RECOVERED 86. RNG= RANGE 87. ROW = RIGHT-OF-WAY 88. RR SPK = RAILROAD SPIKE 89. SAT= SATELLITE DISH 90. SEC = SECTION 91. SPK&D = SET PK WITH DISC WITH LB NUMBER 92. SIR = SET 5/8" IRON ROD WITH LB NUMBER 93. TBM = TEMPORARY BENCH MARK 94. TECO= TAMPA ELECTRIC COMPANY 95. TEL = TELEPHONE FACILITIES 96. TOB = TOP OF BANK 97. TP = TRANSMITTER PAD 98. TUE = TECHNOLOGY UTILITY EASEMENT 99. TVR= TELEVISION RISER 100. TWP= TOWNSHIP 101. UE = UTILITY EASEMENT 102. VF = VINYL FENCE 103. W = WATER SERVICE 104. WB = WATER BOX 105. WF= WOOD FENCE 106. WPP= WOOD POWER POLE 107. WREC= WITHLACOOCHEE RIVER ELECTRIC COMPANY 108. = DELTA OR CENTRAL ANGLE OF CURVE 109. DIMENSIONS ARE IN FEET AND IN DECIMALS THEREOF 110. ELEVATIONS SHOWN HEREON ARE NAVD 1988 UNLESS OTHERWISE STATED 111. ALL PHYSICAL IMPROVEMENTS SHOWN WITHOUT DIMENSIONS ARE FOR INFORMATIONAL PURPOSES ONLY. THAT THEY DO EXIST, BUT WERE NOT NECESSARILY MEASURED IN THE FIELD. 112. NOTE: LEGAL DESCRIPTION PROVIDED BY CLIENT UNLESS OTHERWISE NOTED. 113. EASEMENTS AND RIGHT OF WAYS SHOWN ARE PER RECORDED PLAT OR AS FURNISHED BY THE CLIENT 114. FOUNDATION LINE BELOW THE SURFACE OF THE GROUND IS NOT REFLECTED 115. THIS SURVEY IS NOT TO BE USED FOR CONSTRUCTION PURPOSES UNDER ANY CONDITION UNLESS OTHERWISE STATED 116. NO UNDERGROUND INSTALLATIONS OR IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS NOTED 117. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHT OF WAYS, AND/OR OWNERSHIP WERE FURNISHED THIS SURVEYOR EXCEPT AS SHOWN 118. THERE ARE NO VISIBLE ENCROACHMENTS EXCEPT THOSE AS DELINEATED ON THIS PLAT OF SURVEY 119. TIES ARE TO FIELD LINES UNLESS OTHERWISE NOTED 120. THERE MAY BE ADDITIONAL RESTRICTIONS AND/OR EASEMENTS THAT ARE NOT RECORDED ON SAID PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY 121. FENCES MEANDER ON AND OFF LINE, APPROXIMATE LOCATION ONLY UNLESS STATED OTHERWISE. 122. THE LINES ON THIS SKETCH DO NOT CONSTITUTE OWNERSHIP 123. THE INTENT OF THIS SURVEY IS FOR TITLE TRANSFER ONLY UNLESS STATED OTHERWISE. 124. FLORIDA STATUTE : TWO SITE BENCHMARKS ARE REQUIRED FOR CONSTRUCTION. 125. THIS SURVEY DOES NOT REFLECT OR DETERMINE OWNERSHIP. 126. 121. F.E.M.A. FLOOD HAZARD MAPPING: THIS DATE PRODUCT WAS NOT DESIGNED TO MAKE PRECISE IN/OUT FLOOD RISK DETERMINATIONS. THIS PRODUCT IS NOT SUITABLE FOR ENGINEERING APPLICATIONS AND CANNOT BE USED TO DETERMINE ABSOLUTE DELINEATIONS OF FLOOD BOUNDARIES. CALL 1-877-FEMAMAP OR EMAIL A MAP SPECIALIST AT: HTTP://WWW.FEMA.GOV/PLAN/PREVENT/FHM/TSD_EMAP.SHT PROPERTY OWNER SHOULD OBTAIN WRITTEN FLOOD ZONE DETERMINATION FROM LOCAL PERMITTING, PLANNING AND BUILDING DEPARTMENT PRIOR TO ANY CONSTRUCTION PLANNING AND/OR CONSTRUCTION 127. IN COMPLIANCE WITH F.A.C. 5J-17.052(2)(D)(4) – IF LOCATION OF EASEMENTS OR RIGHT-OF-WAY OF RECORD, OTHER THAN THOSE ON RECORD PLAT, IS REQUIRED, THIS INFORMATION MUST BE FURNISHED TO THE SURVEYOR AND MAPPER. 128. IF APPLICABLE, FENCES SHOWN MEANDER ON OR OFF LINES (APPROXIMATE LOCATION ONLY) 129. ARCHITECTURAL FEATURES, SUCH AS FURRING STRIPS, SIDING, CORNICES, STUCCO, ETC., OUTSIDE THE LINE OF THE STRUCTURE HAVE BEEN TAKEN INTO ACCOUNT WHEN GIVING TIES FROM THE STRUCTURE TO THE LOT LINES. 130. ATTENTION IS DIRECTED TO THE FACT THAT THIS SURVEY MAY HAVE BEEN REDUCED OR ENLARGED IN SIZE DUE TO REPRODUCTION. THIS SHOULD BE TAKEN INTO CONSIDERATION WHEN OBTAINING SCALED DATA. 3.E.e Packet Pg. 321 Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) 3.E.e Packet Pg. 322 Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) 3.E.e Packet Pg. 323 Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) 3.E.e Packet Pg. 324 Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) From: Robert Lubin <rlubin@comcast.net> Date: December 1, 2021 at 10:15:15 AM EST To: Kathleen Wicklund <kathleenwicklund@hotmail.com> Subject: Property lines  Kathleen We had a wonderful time in NJ other than the grey skies and cold weather. Leda and I surely don't miss snow and the "change of seasons". Thank you for clarifying the property line issues. We do not have any objection to what you will be requesting from Collier County concerning the pergola. Regards Bob 3.E.e Packet Pg. 325 Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) AFFIDAVIT OF PROPERTY OWNER STA'fE Of FLOIUDA COUNTY OF COLLIER I, Douglas F. Wicklun d. as owttcr uf tbe property located at 1385 Wood Duck Trail. Naples, FL 34108. swear or affinn under oath. lhat : 1. I am of soUtld mind and o vct the age of eight~ (I BJ y e ars old, ;and have persollll.l knowledge as to the rttaltetll set forth herein. 2. T~ side yatd ltttd lol line encro.ic hm enls were djijcuvered on or about Novt1mher 2018. m: J>ru1 oft.ht': fflln!hb~ ofthe subje.:t property. 3 . On May 16. 2021. 1 mea§.urerl the! distance from the ffige of the subjet-1: pergula o,-erhang to the we:.tem boundary line, and look pimlofT'.iphs which 11re anm:hcd herem. Tht photo~phs are true and cl)rrect. And m:curatdy depict the conditions set forth ll~rcin. 4. As indicated in 1he phor.ographs, the aetfal enctoadunent of tb1: pl!l'gola 011'ffbang at its most signifiL:MI point is .eight inches (8") &nm the western boundary line. 5. My wes1ern neighbor does not have an ob,iection 10 tht-rettnesled varian.ce, as indicated in the email from my nclghbor includi:d in lhe subject submittal docwnents. Under penalties of perjury. I dedtm: 1hat I tuwe read the foregoing Affidavit md lhat lbt facttl Date Thi: foregoing instrument was sw<Jm to and subscrib~d bdore me b~· means ofUphysical pr.esenu ot O onlint! not.arizatinn, this !J } day or May, 2022. by Douglas F. Wicl<lund. who is pl'.'t:!lonally known to mi:: or woo has ptodu1:ed 'f L ]R..:, IJ qt, 1 /I '.l; ~ (type of identi f ·ati on) as identification. ' . MyConumssion Expires: f\/\M.ef !o t~ J O J ') i .... ~~v •ij,'··... EDIVALDO JOSE CAR.Y.ONA ff~~\ Notary Pub lic· Stat• of Florida \;W~J Commission It HH 103029 ~.o, -r..'rf..i My Comm. Expires Mar 1 O, 2025 ........ Bonded through National Notary ASsn. 3.E.e Packet Pg. 326 Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) 3.E.e Packet Pg. 327 Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) 3.E.e Packet Pg. 328 Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) 3.E.ePacket Pg. 329Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) 1415 Panther Lane Suite 442 Naples, FL 34109 Noel J. Davies, Esq. 239.216.2792 Noel.Davies@DaviesDuke.com www.DaviesDuke.com Offices: Naples, Fort Myers June 7, 2022 66679303208 PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT C/O W NEIL DORRILL 5672 STRAND CT STE 1 NAPLES FL 34110-3314 Re: Variance Petition for 1385 Wood Duck Trail, Naples FL 34108 Dear Property Owner: Please be advised that this firm represents Douglas and Kathleen Wicklund, owners of the property at 1385 Wood Duck Trail. The Wicklunds have made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to their property. The Wicklunds have asked the County to grant them an after-the-fact variance from Section 3.5.I, Table I, Side Yard for Single-Family Detached dwellings, from 7.5 feet to 2 feet as provided for in Ordinance 02-71, as amended, the Pelican Marsh Planned Unit Development (PUD). Additionally, the variance includes a request for relief from Sec. 04.02.01.D.8, roof overhangs, from not closer than one (1) foot from the lot line, to allow 8 inches from the lot line. Specifically, this request is to allow the continued existence of a pergola constructed 2 feet from the western property line, with an overhang of 8 inches from the western property line. [PL20210003159] You are encouraged to contact the sender of this letter in the event you would like additional explanation or further information. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Sincerely, DAVIES DUKE PLLC Noel J. Davies, Esq. 3.E.e Packet Pg. 330 Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) 3.E.e Packet Pg. 331 Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail Wicklund) 1 NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 FOLIO ADDRESSTYPE LIPMAN, ANDREW JASON LISA HOFBAUER LIPMAN 1392 WOOD DUCK TRL NAPLES, FL 34108---0 82970000103 U LUBIN, ROBERT A & LEDA G 1379 WOOD DUCK TRL NAPLES, FL 34108---3317 66679202286 U NOORIGIAN, ROBERT E SHIRLEY F NOORIGIAN 1373 WOOD DUCK TRL NAPLES, FL 34108---0 66679202260 U PELICAN MARSH CMNTY DEV DIST % WOODWARD,PIRES & LOMBARDO PA 3200 TAMIAMI TRL N STE 200 NAPLES, FL 34103---4108 66679200259 U PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT C/O DORRILL MANAGEMENT 5672 STRAND CT NAPLES, FL 34110---3343 82970000051 U PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT C/O W NEIL DORRILL 5672 STRAND CT STE 1 NAPLES, FL 34110---3314 66679303208 U POTTER, JOHN F & MARY B 1376 WOOD DUCK TRL NAPLES, FL 34108---3313 82970000255 U SCOTT VENDER REV TRUST 1300 LINCOLN AVE S HIGHLAND PARK, IL 60035---0 82970000200 U WICKLUND, DOUGLAS F KATHLEEN A WICKLUND 1385 WOOD DUCK TRL NAPLES, FL 34108---0 66679202309 U BESANT, CHERYL MARIE 14 WESTGAGE WALK KITCHENER N2M 2T8 CANADA 82970000158 F Notice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. The recipient may not transfer this data to others without consent from the CCPA. Petition: PL20210003159 | Buffer: 150' | Date: 5/24/2022 | Site Location: 66679202309 Mailing List for Agent Letter 3.E.e Packet Pg. 332 Attachment: Attachment D - Applicant's Back-Up (22887 : PL20210003159 VA 1385 Wood Duck Trail 1� \ r � a ,, 164', r" r 1G3G 1692 # 1688 Vinland. dr 16841 a 4A 1684. ry r y v ip, 1676 THE LANDI_NG� + W640� AT BEAftti !'il� 1GI2" 1� 4 #k h Cd '' r 1f6f1 i� •� 1656. T' 49 t ` 16�2 R- 25 • S, 35 1648 7oi�incE 1644 "' c a k 1895 1'121 1947 1J/3 t � 1 1�799 1& 9 ing: PUD , Zoning. A .+ _ rord�n River LN Inni July 28, 2022 Collier County Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 Re. 1668 Vinland Way Boat dock Extension Petition No: PL20220001854 Hearing scheduled for August 11, 2022 at 9 am To whom it may concern, Attached is a copy of the Public Hearing Notice that we received for a proposed dock/lift expansion for a neighboring property located at 1668 Vinland Way. We reside at 1664 Vinland Way, Naples, FL 34105 which is next door to the Petitioner. In revlewing the Proposed dock expansion for 1668 Vinland Way, we noticed several Items that are of concern mainly due to the size, location, and design of the proposed dock/lift relative to our existing dock/lift that inhibits our Ingress and egress of our existing dock. In addition, we noticed that the Petition does not include a copy of the Survey for our dock located at 1664 Vinland Way, which we believe is important given the size of the proposed dock for 1668 Vinland Way. I have attached a copy of the Survey and Hearing Examiner Decision for our dock at 1664 Vinland Way for your convenience. Our concerns include the following: 1. The size of the proposed dock/lift along with the design of the proposed decking surrounding the dock/lift will interfere with the ingress and egress of the use of our dock located at 1664 Vinland Way. White the 7.5' of Riparian set back requirement appears to have been met, this assumes that the Petitioner's boat will he docked all the way forward (to the East) as shown in the drawing. From a practical standpoint, it Is unrealistic to assume the Petitioner will dock in this manner every time. Further, the Riparian setback of 7.5' (on the West) when combined with our setback will make it very difficult, if not impossible, to safely ingress and egress. An alternative would beta move the proposed structure a few feet to the East where the setback, as designed, is 11'. 2. The proposed dock facility contains excessive deck area. Shortening the width of the deck on the Eastern side of the proposed deck to 3' or less would make more sense. 3. The design of the dock is inconsistent with all others in the neighborhood which area "shore parallel design". The proposed dock is excessively large and is designed to accommodate a 39' boat which is approximately 60% of the width of the lot. We believe the proposed dock is too large, the deck is too large and the design, which Is inconsistent with the shore parallel design of other docks in the community will interfere with our ingress and egress. We suggest that the dock/lift and deck be redesigned such that the dock is moved 2-3 feet toward the East and that the decking on the Eastern side be reduced to no more than 3 feet wide. We appreciate your consideration and are available to answer any questions that you may have_ 5 rely, tt� v4-�f David Gilmour 617-827-1316 davidgilmour@comcast.net Cof Fier County Growth Management Department PUBLIC HEARING NOTICE Hearing Examiner: 1668 Vinland Way (BD) Date: 08/11/2022 Petition Type: Boat Dock Extension Time: 09:00 AM Petition No.: PL20220001854 Location: GMD Conference Room 609/610 Planner Name: John Kelly 2800 N. Horseshoe Dr, Naples, FL 34104 Phone: (239) 252-5719 This is to advise you of an upcoming public hearing because you may have interest in the proceedings, or you own property located near the vicinity of the following property, Golden Gate PKwY eats 0 j r G �a c Project � WAY Location �i�1ad Longboat DR For more information, or to register to participate remotely: httpsa/bit.ly/Public_Hearings Remote participation is provided as a courtesg and is at the user's risk. The County, is not responsible for technical issues. For difficulties registering please call Thomas Clarke at (239) 252-2526 or email to Thomas.Clarke@CollierCountyFL. Gov - Meeting information: Individual speakers may be limited to five (5) minutes on any item. Persons wishing to have written or graphic materials included in the agenda packets must submit materials a minimum of ten (10) days prior to the respective public hearing, to the county staff member noted above. All material used in presentations before the Hearing Examiner will become a permanent part of the record. 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 Laws and Ordinances within 30 days of the decision by the Hearing Examiner, An aggrieved non-party may appeal a decision by 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. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance- Please contact the Collier County Zoning Division, located at 2800 N. Horseshoe Dr, Naples, FL 34104, (239) 252-2400, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available upon request. This petition and other pertinent information related to this petition is kept on file and may be reviewed at the Growth Management Community Development ❑epartment building located at 2800 North Horseshoe Drive, Naples, Florida 34104, See reverse for more information GILMOUR, ❑AVM❑ W 1664 VINLAND WAY NAPLES, FL 34105---0 Hearing Examiner to consider thefollowing: PETITION NO. BDE-PL20220001854 - REQUEST FOR A 23-FOOT BOAT DOCK EXTENSION FROM THE MAXIMUM PERMITTED PROTRUSION OF 20 FEET FOR WATERWAYS GREATER THAN 100 FEET IN WIDTH, TO ALLOW A BOAT DOCKING FACILITY PROTRUDING A TOTAL OF 43 FEET INTO A WATERWAY THAT IS 126.8t FEET WIDE FOR THE BENEFIT OF PROPERTY LOCATED AT 1668 VINLAND WAY, FURTHER DESCRIBED AS LOT 16, LANDING AT BEAR'S PAW, IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. CO < Lu [--- Lu a: z I Lu 0 UJ L) 0� X C) lillit.. Q . Q 0 y a- LL a X LL LU U) u 0 0 L-L -j LU N 0 > CL 00 LLJ CL CL X 7& LU LU z z bp 43 � 2 LLJ E-- LLJ CL W Z Z CID w 2D z �E 1 0 Lu F— Lu 4n z CID V) R 1 z z lk, Lu Ppnc2c@uFD1aOCK 6LIFT 4Iw2022 l w LU J ¢00 0 ui Q D P `y VLU co LLI ul ❑ a ° x a_ LL L � d CL 2 } Q W, f4 2 D F Ld W V) �nhs 2420ti24044AG woAcmun-7G6& Yl nlmid wav1CAMPERM4-COVN I MCOQOAF.pQE.dwe CR08S RPC71ON n � N CLu z W • 1 1 Lei ILI 441� r w LU U � \ \ 2 aye z IN mom LLJ 1 \ \ \ \ \ \ war w \ 1 � w, A LL� 1 � cn \ 1 ,�''\ Wg� U \ , , u � Z \ \ \ zo a J � w LL U w Ca W 1 a' w a ° "s n 1 � a � p l'1uuu07�,idunn j,'n 2020120990.4E worlunttr5-155R elnlnnd way%CAMPERMIT-COUNTYQ0000.46 EOE.Gwg SUBMERGED RESOURCE SURVEY 411 U2022 O ' w �00000 A LU iw0 a 0 / 4, O a e LL W � J cn Z 000 LLk z J w a t 0 n 4 asil-djndf 242M0004-4cwGlz'nuir1660 vAand wuy5CAD�PEKMI'f-C4UNTYMCDO,46•a6E.dw9 WIDTH OF J W d Z 0 U as z z 0 J� z J w Lo N c� A PA20001) garland Jobs202000000.46 w9pimnn-1688 Arland wry%CAD%PERMIT•OOLINTY%20000A8.90E.dw0 LOCATION MAP 411102022 'OPP, f ml- LU w d O ' < m W cw 2od� R.$ 2 LLU Z vrw H 3 y� ss 0 No i �q�$ U '�• un U C� 1 v7 w Wd oll Z a QLu oo! J U �W p I dZ' c (� LU 0-I JLL -Z z J ?CQ <~ F' pA2000D pnrlund laba Z020\20000.46 z d a z Lu —Ica uj w :3 r � .m a� LLJ F� L LU � E M ^ R, i CONDITIONS 411112022 HEX NO. 2022-07 HE, EXAMINER DECISION DATE OF HEARING. January 27, 2022 PETITION. Petition No. BDE-PL20210001646 - bequest for a 21-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, to allow a boat docking facility protruding a total of 41 feet into a waterway that is 135 feet wide for the benefit of property is located at 1664 Vinland Way, further described as Lot 15, Landing at Bear's Paw, in Section 35, Township 49 South, Range 25 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. The petitioner is proposing to add a boatlift to an existing dock facility to moor a single vessel of up to 30 feet in overall length. Said dock was constructed in accord with Building Permit No.: PRBD2020104341 S for which a Certificate of Completion was issued on April 26, 2021. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(4) of the Collier County of Ordinances, See. 8.10.00 of the Land Development Code, and Chapter 9 of the County Administrative Code. 2. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 3. The public hearing was conducted electronically and in -person in accordance with Emergency/Executive Order 2020-04. 4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi-Aidicial Public Hearing Waiver related to conducting the public hearing electronically and in -person. 5. The County Staff presented the Petition followed by the Petitioner and/or Petitioner's representative, public comment and then rebuttal by the Petitioner and/or Petitioner's representative. There were no objections at the public hearing. Page 1 of 6 6, The County's Land Development Section 5,03A6.1-1. lists the criteria for dock facility extensions. The Hearing Examiner may approve, approve with conditions, or deny a boat dock extension request if it is determined that at least four (4) of the five (5) primary criteria, and at least four (4) of the six (6) secondary criteria have been met. 1 Primary Criteria: Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi- family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. The subject property is located within the residential development area of a Residential Planned Unit Development (RPUD) for which the RPUD document specifically allows each platted single-family lot located along the Golden Gate Canal two boat slips. The petitioner desires to add a single boatlift to accommodate up to a 30-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.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET The attached survey and plans demonstrate that there is insufficiew water depth at the .20 foot protrusion line as measured from the property line, the most restrictive point of measure. 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.) The record evidence and testimony from the public hearing reflects that the criterion NAS BEEN MET. The proposed dock,facility will only protrude 33.3 feet from the MHWL Into the subject waterway that is approximately 135 feet wide from MHWL to MNWL. The entire waterway is used far navigation as there are no navigational markers indicating the exact thread of navigation. The residences on the opposite shore have their docks on a deferent cans "waerway. 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 1 The Hearing Examiner's findings are Italicized. Page 2 of 6 facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. The approximate waterway width is 135 feet, MHWL to MFIWL. The requested total dock protrusion is 33.3 feet froth the MHWL which is 24.67 percent of the width of the waterway; therefore, more than 50 percent of the waterway is open for navigation. S. Whether the proposed location and design of the dock facility is such that the facility would not interfere; with the use of neighboring docks. (Fite facility sh6uld'ilot interfere with the use of legally permitted neighboring docks.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN 14?ET. The new dockfacility incorporates a shore parallel design and will exceed the 7.5 foot side setback requirements from both property/riparian lines. The dockfacility and location have been designed to satisfy required setbacks, provide safe access to/from a vessel, and not to interfere with any future neighboring dock facilities that may be constructed. Secondary Criteria: 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,) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET. The design of the proposed dock facility is greatly influenced by a property line that was pushed back during the design phase of the development to allow for the canals shoreline to be stabilized using rip -rap. Al this location the property line is 10,16 feet landward of the MHWL. Due to this condition the existing dock protrudes further out into the waterway in order to decrease the access walkway"s slope and to reach out to adequate water depths to safely moor the vessel and allow the boatlifi to function properly as well as the dock as it is an existing floating dock. 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 excessivc deck area.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEEN MET, The proposed dockfacility has been minimized in order to meet the County dock building guidelines, the approved PUD, and be constructed within the 25% width of waterway. The proposed protrusion is consistent with the other dock designs that have been approved within this same development along subject shoreline, The design also Page 3 of 6 provides adequate and safe access to and from the vessel while still allowing room for other recreational use like fishing and kayaklpaddle board storage on the dock 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.) The record evidence and testimonyfrom the public hearing reflects that the criterion HAS NOT BEEN MET. The subject property has 67 feet of water/eanal frontage and the proposed dockfacility has been designed to moor a single 30 foot vessel which equates to 44.78 percent of said waterfrontage. 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.) The record evidence and testimony from the public hearing reflects that the criterion HAS BEENMET, The existing dockfacility was constructed with at least 16 foot side/riparian setback on each side of the dock, the RPUD document allows for 7. S foot side/riparian setbacks for docks using a shore parallel design. The proposed boat lift will not decrease the existing setbacks and only requires additional protrusion into the waterway. All water front homes desiring a dock facility along this shoreline will have similar challenges and no one homeowner should be impacted more than another. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06.1 of the LDC must be demonstrated.) The record evidence and testimony from the public hearing reflects that the criterion IMS BEEN MEN; There are no seagrass beds present on the property nor the neighboring properties within 200 f eei of the existing dock structure. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(l1) of this Code, (If applicable, compliance with section 5.03,06(E)(l 1) must be demonstrated.) The record evidence and testimony from the public hearing reflects that the criterion is NOT APPLICABLE. The provisions of the Collier County Manatee Protection Plan do not apply to single-family dock facilities except for those within the sea walled basin of Port of the Islands; the subject property is not located within Part of the Islands. ANALYSES. Based on a review of the record including the Petition, application, exhibits, the County's staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner's representative(s), County staff and any given by the public, the Hearing Examiner finds that there is enough competent, substantial evidence as applied to the criteria set forth in Section 5.03.06.E Page 4 of 6 of the Land Development Cade to approve/deny Petition. The Petition meets 5 out of 5 of the primary criteria and 5 out of 6 secondary criteria, one of the secondary criteria is not applicable. DECISION. The hearing Examiner hereby APPROVES Petition Number $DE-PL20210001646, tiled by Jeff Rogers of Turrell, Hall & Associates, Inc, representing David W. Gilmour, with respect to the property described as 1664 Vinland Way, further described as Lot 15, Landings at Bear"s Paw, in Section 35, Township 49 South, Range 25 East. Collier County, Florida, for the following: A 21-foot boat dock extension over the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, to allow the addition of a boatlift to an existing boat dock facility that will protrude a total of 41 feet into a waterway that is 135- feet wide, pursuant to Section 5.03.06 of the Collier County Land Development Code (LDC) for the benefit of the subject property. Said changes are fully described in the Proposed Site and Dock, Plans attached as Exhibit "A" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A — Proposed Site and Dock Plans LEGAL DESCRIPTION. 1664 Vinland Way, further described as Lot 15, Landings at Bear's Paw, in Section 35, Township 49 South, Range 25 East. Collier County, Florida CONDITIONS. All other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in ally 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. APPEALS. This decision becomes effective on the date it is rendered. An appeal of this decision shall be done in accordance with applicable ordinances, codes and law. Page 5 of 6 RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE NEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. Febi lacy 25, 2022 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 6 of 6 EXHIBIT "A" NO r J Z o 0 Ln ID O-3 0 (r U ❑ z z z 1Q C� z �o 3 O ♦ ` /y V V 1 u ❑ V jig �fi`r� Wo J 2 ;E; J�Lu F¢ I Vl V V W ul n UI b z �.. d 0 w 7� a L g z J z U 0 � J _r as M cn o Al In ad -41 MAP IM2022 A yy q.A, � I h ' 6 O ' �g"' p LL zw J 0 4 ram. 11 LU f � J ,4. r a a a LL a 0 r- n.540107 Seek 71N11eftUD 107.14 ebek rnulnn. 1984 i,iAld wadCADwEF{A117•COOMTWO107.14BOE.d— W 4 19 e Al 9 LL 5; J IgIl m 1 LL O Cl. 0 0 � z J x a IL fop p.V01o1dockIWA4 6-t m.w.-m-4MNandwidCA6V'ERi�IT-CquR11�261dp,1d6[ 6CA`R1Ft rUw 1 D0y� LL O iu in �IF� nnR JJ d R z gal a Jm Z1 W 0 no44 a rfl W z R p:U0IW dark m-q1--VPIf'l,44 dn[k mr4taa-1664 vl-laod w.yyMWERMIT4OUNTw0107. 14-OOE.dw6 CROSS SECTION 110h022 r L� b o` ' � � (�� . Fi;`• " �� spy p yL4, i Vw� F A r 5 .13 '14tL— . d tW -y a. '4 C* Ve�yy � � � ,�. ;tiff,.,, • ,. �7 ' t ti►! n�� 1 I4 A A 2 .�r�� J��„ ��1 � , 'far �1 •;;� � �� �� 02 �11 as • #'y; r L ' 1 � W ❑ zl� PMMPJ doll mulole1Z0107.14 dock marls»-50&{ -inland w y5CA61PERM17•C411HIYr20107.1486E do AD MEW 6oCKS 1rAm p:V.010i Jack mxiiera1Y0107. 14 d-k rnamm k¢G4 V104M w,IOCAP 4'E F,A+I 0 COON WNIU1, 144jOE do SUBMERGED RESOURCE SURVEY 11.0012 11 SKETCH OF BOUNDARY SURVEY SURVEY:GG210398 y9 fo 0 U,�11 SAFE UPLAND LINE ELEV.=1.W {NI This Informotlon wos provided 04/0812021, by Lomar Evers from Florido Deportment of Environmental Protection, Bureou of Survey ❑nd Mopping. 4U8VE DETAILS "{Pj C•1IMI 9, 47 V R- 375tf AL* 42AI' AL- 42.Q1' CL n 39.77 Cl- s ,19.79' rg-1957-41'4Rw CB.N$7*42'9sW is - AtlaS3'1 A • 45'0749' I IFr¢,{1 Hill 6 l "�t@ yy�� ��$ A� d � >yb $b�� bF i fi III' �W ° i Md'yw4a y x° .rye g a ir■ W �' �?#H oi 4i}�OM' (j KALE Cf ALigI DRAWN BY 9Grv6ya1"6 NaI�R _ 1.— J 931 � 1 lSV, oPst v .k i.1.4 nv olxrd ho IMM&FNB118F-X,I N H3d1 NYIOINEP71.1 Q1011do Sfddorurl4r. Pr ruLS w'�q Br hI,rk&F n[ t,f hCcart[kbl I•ur n Ir tlrntl[ trAetrxvrt Isl COMPLETION DATE' CHECKED 6Y unM I,.1 r,InlovK nut •65n1!rM. F4k pLlrruI11IVRn', 1GT cEn[nrm LNn HE 1' Inch = 20' ft. wwwle on onlln nccoly[u [NCLnAa,wlNe se7er le ,wx nu rn rlc wlr+„ TCR Pr THE 479l 24lZfY21 G.G. CLI[N, Cil llJ "I(My A,3ENT PER FLORM r%Qu�'%��. GRAPHIC ornt� �I`i"N"i°:c�;Rnt:no„I�w. @TA,ure �,,, v, Inl,sr�: rnE n.alr�a, V nv..orruanllr.nlltti rxrr_ PROPERTY AND OWNER INFORMATION 74wN1 Lrl[,na mr I.r[uan rw nenrlrNye !u vlyF .saa Gol[daGroup lnc.{LB8223a r lluwer,� rn U. l.aw. n[ ,[rsxron,w„rulr�E=r1.1+e—r( ProaarcXAAddr�ss: Po�ll.a= Countyl Slnle: a UHWNla411n FaF1loY5 a' —11I S. 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