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HEX Agenda 02/09/2023
COLLIER COUNTY Collier County Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 February 9, 2023 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 Andrew.Youn blood&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. Collier County Hearing Examiner Page I Printed 21112023 February 2023 Pledge of Allegiance 2. Review of Agenda 3. Advertised Public Hearing A. *** This item was continued to the January 12, 2023, HEX Meeting and further Continued to the February 9, 2023 HEX Meeting*** PETITION NO. BDE-PL20210002320 - 415 Seabee Ave - Request for a 12-foot boat dock extension from the maximum permitted protrusion of 20 feet allowed by Section 5.03.06 of the Collier County Land Development Code for waterways greater than 100 feet in width, to allow a boat docking facility protruding a total of 32 feet into a waterway that is 213E feet wide. The subject property is located at 415 Seabee Avenue and is further described as Lot 19, Block Q, Conner's Vanderbilt Beach Estates Unit No. 2, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 2 B. *** This item was continued to the January 12, 2023, HEX Meeting and further Continued to the February 9, 2023 HEX Meeting*** PETITION NO. BD-PL20220002146 - Request for a 35-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width to allow a boat docking facility that will protrude a total of 55 feet into a waterway that is 338E feet wide, pursuant to Section 5.03.06 of the Land Development Code, for the benefit of property located at 167 Sunset Cay, also described as Lot 84, Port of the Islands (The Cays) Phase II, in Section 9, Township 52 South, Range 28 East, Collier County, Florida. [Coordinator: John Kelly, Planner II] Commission District 1 C. *** This item was continued to the January 12, 2023, HEX Meeting and further Continued to the February 9, 2023, HEX Meeting*** PETITION NO. BD-PL20220000501 - Request for a 2.75-foot boat dock extension and boathouse from the maximum permitted protrusion of 25 percent of the width of the waterway or 20 feet into a waterway, whichever is less, to allow construction of a boat docking facility protruding a total of 22.75 feet into a waterway that is 91f feet wide, pursuant to LDC Section 5.03.06. The subject property is located at 231 Dolphin Cove Court and is further described as Lot 8, Dolphin Cove, in Section 5, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner II] Commission District 2 D. * * * This item was continued from the January 26, 2023, HEX Meeting*** PETITION NO. CU-PL20210001657 - Request for approval of a Conditional Use for the Collier County Water Sewer District to allow a sewage treatment plant and its expansion, superseding Resolution No. 94-533 and pursuant to subsection 2.01.03.G.1.c of the Collier County Land Development Code, on 16 f acres located at 493132nd Ave SW in Section 28, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: Timothy Finn, Principal Planner III] Commission District 3 Collier County Hearing Examiner Page 2 Printed 21112023 February 2023 E. *** This item was continued from the January 26, 2023, HEX Meeting*** PETITION NO. NUA-PL20220004583 - Request a non -conforming use alteration pursuant to LDC Section 9.03.03.B.4 to allow replacement of an old carport that is accessory to a nonconforming single-family residence with a carport of like size for property located within a Heavy Commercial Zoning District / Immokalee Agribusiness Overlay Subdistrict (C-5/AOSD). The subject property is .24 acres located at 326 Alachua Street in Immokalee and is legally described as Lots 40 thru 42, Block 53, Newmarket Subdivision, in Section 3, Township 47 South, Range 29 East, Collier County, Florida. [Coordinator: John Kelly, Planner II] Commission District 5 4. Other Business A. *** This item was continued from the January 12, 2023, HEX Meeting and has been further continued to the February 9, 2023 HEX Meeting**** PETITION NO. ADA- PL20220004625 Motion for Reconsideration — Appeal filed by Valencia Golf and Country Club HOA, Inc. of the administrative approvals of Planned Unit Development Minor Change Petition PMC-PL20220003657 and Insubstantial Change to Construction Plans ICP-PL20220003659 regarding sidewalks on private property. The subject property is located in the Valencia Golf and Country Club — Phase 2B subdivision, part of the Orangetree Planned Unit Development in Section 23, Township 48 South, Range 27 East, Collier County, Florida. (Coordinator: Michael Bosi, Zoning Director) (Commissioner District 5) Public Comments Adjourn Collier County Hearing Examiner Page 3 Printed 21112023 3.A 02/09/2023 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.A Doc ID: 24368 Item Summary: *** This item was continued to the January 12, 2023, HEX Meeting and further Continued to the February 9, 2023 HEX Meeting*** PETITION NO. BDE-PL20210002320 - 415 Seabee Ave - Request for a 12- foot boat dock extension from the maximum permitted protrusion of 20 feet allowed by Section 5.03.06 of the Collier County Land Development Code for waterways greater than 100 feet in width, to allow a boat docking facility protruding a total of 32 feet into a waterway that is 213± feet wide. The subject property is located at 415 Seabee Avenue and is further described as Lot 19, Block Q, Conner's Vanderbilt Beach Estates Unit No. 2, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 2 Meeting Date: 02/09/2023 Prepared by: Title: Operations Analyst — Planning Commission Name: Diane Lynch 02/01/2023 2:47 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 02/01/2023 2:47 PM Approved By: Review: Growth Management Operations & Regulatory Management Diane Lynch Review Item Skipped 01/11/2023 3:34 PM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Skipped 01/11/2023 3:34 PM Zoning Diane Lynch Review Item Skipped 01/11/2023 3:34 PM Zoning Diane Lynch Review Item Skipped 01/11/2023 3:34 PM Zoning Diane Lynch Division Director Skipped 01/11/2023 3:34 PM Zoning Diane Lynch Review Item Skipped 01/30/2023 3:47 PM Hearing Examiner Andrew Dickman Meeting Pending 02/09/2023 9:00 AM Packet Pg. 4 3.A.a i Co =iev County SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JANUARY 12, 2023 SUBJECT: BDE-PL20210002320, 415 SEABEE AVENUE - MAFFEI DOCK PROPERTY OWNER/APPLICANT: Massimo and Phyllis LaGrasta Maffei 11128 Palmetto Ridge Dr. Naples, FL 34110 REQUESTED ACTION: AGENT: Nick Pearson Turrell, Hall & Associates, Inc. 3584 Exchange Ave. Naples, FL 34104 The petitioner requests a 12-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, pursuant to Section 5.03.06 of the Collier County Land Development Code (LDC), to allow a boat docking facility protruding a total of 32 feet into a waterway that is 213± feet wide. PROJECT STATUS: The subject project was initially heard as Agenda Item 3.E during the October 13, 2022, regularly scheduled Collier County Hearing Examiner Meeting. When the item was opened to public speakers it was learned that one or more concerned parties had engaged the services of a local attorney, Mr. Patrick G. White. Mr. White noted that there could be procedural issues given the impact of Hurricane Ian which devastated the coastal area on September 28, 2022. The petitioner's agent suggested that a continuance might be in order as that would allow them to discuss concerns and perhaps resolve any issues. The petitioner's agent notified Zoning staff that they had attempted to discuss issues with Mr. White; however, no meetings or productive discussions took place. As such, no suggestions as to alterations or design changes were provided. The petitioner has since re -visited their design and, to resolve any conflict with the neighboring property to the west, has made the following changes to their initial dock design: BDE-PL20210002320 — 415 Seabee Ave Page 1 of 3 December 20, 2022 Packet Pg. 5 3.A.a The dock has been switched from a floating dock design to a fixed dock design. As a result, the gangway on the east side has been removed. 2. The larger platform area of the dock, which connects to the seawall has changed shape slightly. The floating design had this area dimensioned at 15 feet by 19 feet. The new design will be approximately 11 feet by 17 feet with a flared section leading to the finger dock. 3. The provided side setback on the dock's west side has increased by 7 feet, from 15 feet to 22 feet. 4. The protrusion of the decking of the dock has been reduced to 17 feet from the face of the seawall; the total protrusion of the dock facility remains at 32 feet from the seawall. 5. The width of the finger dock has been reduced by 2 feet, from 6 feet to 4 feet. 6. The outside lift was previously shown as an elevator lift (lift piles on only one side). This has been changed to a conventional 8-post lift. 7. The total overwater square footage previously proposed for the floating dock was approximately 505 square feet. The new fixed dock design will be approximately 331 square feet over water. New boat dock plans were provided and are attached as Attachment F; said plans are to replace those contained within Attachment A. E-mailed correspondence from Mr. White reveals the petitioner's agent had provided 2 alternative designs to "his clients" on December 12, 2022, and requested their comments be provided by noon on December 15, 2022. Zoning staff was not copied on said correspondence and is uncertain as to the designs provided for review. As per Mr. White, the following is his clients' response to said design alternatives: "Although my clients are appreciative of being afforded a last-minute opportunity to review the petitioner's two revised drawings, we are of the opinion they do little to nothing to address our prior concerns and objections; and in fact, could be seen as exacerbating those concerns, almost as if intended to compel acquiescence to the petitioner's original proposal." Zoning staff is uncertain if the revised plans being presented by the petitioner at this time incorporate any of the design elements of the two alternative designs that were provided to Mr. White and/or his clients. Staff has reviewed said revised plans and finds that, with exception of the requested 32-foot protrusion, said dock facility satisfies the requirements of the LDC. Staff further notes that were it not for the lift being proposed on the eastern side of the dock, said dock would comply with LDC requirements and be permitted without question during the building permit process. In other words, the dock would have been permitted without the outer lift and as such, it is staff s observation that adding the lift to the east side does not further inhibit the western neighbor's ability to ingress or egress their dock. BDE-PL20210002320 — 415 Seabee Ave Page 2 of 3 December 20, 2022 Packet Pg. 6 3.A.a RECOM NDATION: Based on the above findings, staff recommends that the Hearing Examiner approve Petition BDE-PL20210002320 in accordance with the "Proposed Dock" plan provided within Attachment F. New Attachments: Attachment D — Public Correspondence (introduced during the meeting on 10/13/2022) Attachment E — Revised Dock Design Information Attachment F — Revised Boat Dock Plans BDE-PL20210002320 — 415 Seabee Ave December 20, 2022 Page 3 of 3 Packet Pg. 7 3.A.b Co rieT C014ftty STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: OCTOBER 13, 2022 SUBJECT: BDE-PL20210002320, 415 SEABEE AVENUE - MAFFEI DOCK PROPERTY OWNER/APPLICANT: Massimo and Phyllis LaGrasta Maffei 11128 Palmetto Ridge Dr. Naples, FL 34110 REQUESTED ACTION: AGENT: Nick Pearson Turrell, Hall & Associates, Inc. 3584 Exchange Ave. Naples, FL 34104 The petitioner requests a 12-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, pursuant to Section 5.03.06 of the Collier County Land Development Code (LDC), to allow a boat docking facility protruding a total of 32 feet into a waterway that is 213± feet wide. GEOGRAPHIC LOCATION: The subject property is located at 415 Seabee Avenue, further described as Lot 19, Block Q, Conner's Vanderbilt Beach Estates Unit No. 2, in Section 29, Township 48 South, Range 25 East. Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject property comprises 0.22 acres that has been razed, is located within a Single-Family- 3 (RSF-3) Zoning District, with 80± feet of water frontage. Building Permit No. PRBD20201250795 was issued on 06/04/2021, re -issued on 07/21/2021 upon receipt of revisions, for a 3-story single-family residence that is presently under construction; the project is in "Inspect Status" with inspections being performed by a private provider. The proposed dock facility consists of an L-shaped floating dock that will be shore parallel with two boatlifts, one on the outside to moor a 31-foot vessel and a larger lift on the inside of the dock for a 36-foot vessel. The required 15-foot side/riparian setback will be satisfied on both sides of the dock facility. BDE-PL20210002320 — 415 Seabee Ave Page 1 of 10 September 20, 2022 Packet Pg. 8 (ialIew any aegeaS 56ti 3a8 OZ£ZOOOLZOZId : 99£tiZ) ZZOZOZ60;aodall Ile;S :;uewLjoe}}y - _ xFA A 4 R ' R in x 8 it R * t q i}Y Y L yy R .iLQ iLR �C 4 R F' Lt ti L L f`P-- C3. aIlk � 3 �p�, 'S '� • - � � L'� �� Y � r � � C fD V • �f � '��} {• Y � LLl jE 7. z i+i ;e �o r- y 0 . [f s � C W F � J Ll BDE-PL20210002320 — 415 Seabee Ave September 20, 2022 CL M 2 cn N 0 4--+ M L) J Page 2 of 10 ci CD 0 qr- �y 1.� L y cu LL 1 3.A.b SURROUNDING LAND USE & ZONING: North: Vanderbilt Lagoon Waterway then a single-family dwelling, Residential Single- Family-3 District (RSF-3) East: Single-family dwelling, Residential Single-Family-3 District (RSF-3) South: Seabee Avenue (Right -of -Way) then a Single-family dwelling, Residential Single- Family-3 District (RSF-3) West: Single-family dwelling, Residential Single-Family-3 District (RSF-3) Aerial — Collier County GIS ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request. The property is located adjacent to Vanderbilt Lagoon. The proposed docking facilities will be constructed waterward of the existing seawall. The shoreline does not contain native vegetation. A submerged resources survey provided by the applicant found no submerged resources in the area 200 feet beyond the proposed docking facility. Exhibit sheet 6 of 10 of the Site Plan provides an aerial with a note stating that no seagrasses were observed within 200 feet. BDE-PL20210002320 — 415 Seabee Ave Page 3 of 10 September 20, 2022 Packet Pg. 10 3.A.b 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 an RSF-3 Zoning District that will support a single-family dwelling, Building Permit No. PRBD20201250795, for which the LDC allows two boat slips. The proposed boat docking facility consists of a single dock with two boat lifts. 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.) Criteria not met. The applicant's agent states: "See attached survey/drawings illustrating the previously existing docking facility and proposed docking facility. Water depths at this location are adequate for the proposed vessels. This criteria [sic] is therefore not met." Zoning staff doesn't disagree and therefore also finds this criterion has not been satisfied. 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's agent states: "There is no navigable channel at or adjacent to the proposed project location. Therefore, no marked or navigable channels will be affected by the proposed project and this criterion [sic] is met." Zoning staff concurs. BDE-PL20210002320 — 415 Seabee Ave September 20, 2022 Page 4 of 10 Packet Pg. 11 3.A.b 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion met. The approximate waterway width is 213 feet wide, MHWL to MHWL. The proposed dock will protrude 32 feet from the MHWL which is 15.02 percent of the waterway; there will be 163 feet between dock facilities which means 76.53 percent of the waterway will remain free for navigation. 5. Whether the proposed location and design of the dock facility are 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 applicant's agent provides the following statement and exhibits: "The proposed docking facility is located entirely within the applicant's riparian area and will meet the required side yard setbacks of 15 feet on both sides. With the exception of the single boat and lift which is triggering the need for this BDE petition, the entire dock facility will also be located within the allowed 20' protrusion limit. That is to say, without the lift, a BDE petition would not be necessary, and the property owner could simply apply for a building permit and construct the floating dock as shown in the exhibits. Navigation to, from, and around a U-shaped, shore parallel oriented dock vis the 30' space provided by combined side setbacks is required in almost every dock within Vanderbilt lagoon. In this case, since the proposed boatlift poses no additional obstacle to navigation beyond that of the dock by itself, there is no reason to believe that navigation to the neighboring properties will be affected adversely by the project proposed under this BDE petition. In terms of specifics, the docking facility to the east is oriented so that ingress/egress occurs from the east (away from the subject property). This property should therefore not be affected by the project at all. The property to the west also has a dock facility which, as is typical for the area, utilizes essentially the entirety of its riparian area that falls within the side setbacks and 20' protrusion limit. This facility will moor a maximum -sized boat of 33' in length that will ingress/egress from the east (towards the facility proposed under this BDE petition). The floating dock being proposed at the subject property, which is entirely within the 20-foot protrusion limit, would require the neighbor's boat to angle somewhat in and out of the lift for proper navigation. As discussed above, this sort of angled entry and exit path is common within the general area. The lift being proposed on the outside of the floating dock would not alter this angle of ingress/egress. Therefore, we believe that no neighboring dock facilities nor public navigation will be affected by the proposed structures, and this criterion [sic] is therefore met. It is also not uncommon throughout Vanderbilt lagoon for boats to be docked within a slip where the backing distance is significantly less than the moored vessel's total length. And while we acknowledge that ingressing [sic] and egressing from a slip in this type of situation is constricted, such is also the nature of the shore parallel dock configuration throughout Vanderbilt Lagoon. Several examples of this situation can be seen in the photos below." BDE-PL20210002320 — 415 Seabee Ave September 20, 2022 Page 5 of 10 Packet Pg. 12 3.A.b 103 BaTuiewAL-e -3S ft. ofb-oat Wgthaojd �-I {t. of iwkiog dLziV I k7,,. 57 RqT, a -a+ Aw, - 33.5t, of boat length an�i 27 fft, �;f€mcking distame, 314 Egret Ave_ - 40,5 f?. of boat length and 23,R. of tracking di c ance. 410 Egret Ave. - 36 ft, of boat length and 25 f!. of backi peg distence. BDE-PL20210002320 - 415 Seabee Ave September 20, 2022 Page 6 of 10 Packet Pg. 13 3.A.b Zoning staff does not disagree with the applicant; however, must point out that, by definition, a boat dock facility includes all slips and vessels to be moored at the dock and that a dock is a structure constructed in or over a waterway for the purpose of mooring a boat or other watercraft; therefore, although the floating dock could be constructed without a BDE, the waterward side could not be used as a slip with or without a lift and the dock would still need a useable slip. To accept the applicant's argument, Staff needs to find that the proposed interior or most landward slip is functional. Staff further notes that it appears to be the proposed dock itself (located within the 20-foot protrusion limit) and not the proposed lift or vessel on the waterward side that is the potential cause for any docking challenges that could impact the neighbor to the west. Ultimately, staff opines that the applicant is correct that the proposed dock facility would be permitted by the County with a single slip which would pose the same docking challenges to the western neighbor; thus, staff is compelled to find that this criterion has been satisfied as it is located within the required side/riparian setback. 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 the type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Criterion met. The applicant states, in part: "The Vanderbilt Lagoon waterway is fronted by a network of linear streets, canal, and docks. This grid configuration of properties, combined with the 20' protrusion limitation for docks (as defined by Collier County's Land Development Code) in this area of the canal, all but requires the orientation of docks to be constructed in a shore parallel configuration. As a result, most docks present on standard canal lots within Vanderbilt lagoon are more or less uniform in utilizing this shore parallel mooring configuration, where the full 20' of protrusion and 40' to 50' area (for typical sized lots) within the riparian side setbacks are preempted. The subject property has 50' of riparian area between its 15' riparian setbacks. However, this shore -parallel configuration makes full use of the riparian area difficult or not possible should the applicant want to moor a boat that is larger than the combined 15' side setbacks of the applicant and their neighbor. This is namely because, although the applicant's vessel might fit within its riparian area, the neighboring docking facilities may block the needed ingress or egress path to the vessel's slip..." Zoning staff concurs that the neighboring dock facilities must be taken into account when looking at the waterway as a whole and further concurs that the actual length of owned shoreline factors into the proposed boat dock facility design; therefore, this criterion has been satisfied. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) BDE-PL20210002320 — 415 Seabee Ave September 20, 2022 Page 7 of 10 Packet Pg. 14 3.A.b Criterion met. The applicant states: "The proposed facility will utilize approximately 505 square feet of `decking', which is located entirely within the normal protrusion limit of 20' from the mean -high water line. This amount of structure is in -line with nearly all neighboring facilities in the area. Both contiguous neighbors at 403 and 427 Seabee Ave have comparably sized docks respectively with approximately 560 square feet and 490 square feet of decking, as seen in the photos below. Additionally, the previous dock on this property was also approximately 500 square feet in area. The access walkway of the proposed dock is 6' wide and is typical for floating docks and for other dock structures in the area as well. The larger area on the east side of the facility will be used to provide space for the gangway and to provide storage space for recreational items such as dock boxes, kayaks or paddleboards, a fish cleaning station, etc. Lastly, this square platform will provide structural stability to the access walkway, similar to an outrigger on a sailboat. From an engineering standpoint, long skinny floating docks are never advisable because of their instability, known as the canoe effect. For the reasons listed above, and because no submerged resources are present in the area, we believe the decking proposed is not excessive and that this criterion [sic] is met." Zoning staff is convinced that there is no decking beyond the allowable 20-foot protrusion limit and that the landward of the protrusion limit has been engineered to provide stability for the floating dock; therefore, this criterion is satisfied. 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 combined length of the proposed vessels, 67 feet, will exceed 50 percent of the property's 80-foot shoreline. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. The applicant's agent states: "Criteria #4 is aimed at whether or not the facility will have a `major impact' on the waterfront views of the neighbors. Neither the use nor the number of vessels proposed is excessive beyond what the normal building code BDE-PL20210002320 — 415 Seabee Ave September 20, 2022 Page 8 of 10 Packet Pg. 15 3.A.b would allow. The proposed structures are also located entirely within the applicant's riparian area and riparian setbacks and no decking is proposed outside the normal protrusion limit. Although the adjective `major' is, in this context, a subjective term, our opinion is that the proposed structures will not constitute an impact on the neighbors' views at all beyond what is typically allowed. And the structures will certainly not constitute a major impact. Additionally, the right of view of riparian owners is restricted to the space within their respective riparian areas. From this perspective, the views of the neighbors won't be changing at all, and impacts on their legally allotted views will not be affected. If the views outside the neighbors' riparian areas are considered, then it should be noted that nearly every house on the project's site's canal is already built out with a dock and boat(s). The proposed facility consists of a private, recreational 2-vessel dock which will serve the same use and purpose as everyone else. Therefore, because the use of the property is not changing, and because both vessels are located entirely within the owner's riparian area, our opinion is that the project should not have an impact on the views of neighboring property owners, and this criterion [sic] is met." To evaluate this criterion, Zoning staff must be mindful that both the applicant and their neighbors have rights that must be applied equally and fairly. It is staff s understanding that a waterfront property owner has the right to an unobscured view within their riparian area; however, rights to a view outside of said area riparian area are limited to the extent that a neighbor should not have their rights to full use of their waterfront property (to include docks) infringed upon. Given that the proposed dock facility has been designed to be fully within the riparian area of the subject property, and that the required 15-foot side/riparian setbacks are satisfied on both sides, staff finds that the proposed dock has been fully minimized beyond the 20-foot thereby minimizing any impact to views. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(I) of the LDC must be demonstrated.) Criterion met. There are no seagrass beds present on the property nor the neighboring properties within 200 feet of the existing dock structure. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) Criterion is not applicable. The proposed project is for a single-family residential boat dock facility. Section 5.03.06.E.11, Manatee Protection Plan, is not applicable for this boat dock proposal. Staff analysis finds this request complies with four of the five primary criteria and five of the six secondary criteria with the sixth criterion being not applicable. As of the date of this Staff Report, no public opposition has been received. BDE-PL20210002320 — 415 Seabee Ave September 20, 2022 Page 9 of 10 Packet Pg. 16 3.A.b CONCURRENT LAND USE APPLICATIONS: There are no known concurrent land use petitions. 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. Such appeal shall be fled 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. RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner approve Petition BDE-PL20210002320 in accordance with the "Proposed Dock" plan provided within Attachment A. Attachments: A. Proposed Dock Plans B. Public Hearing Sign Posting C. Applicant's Backup; Application and Supporting Documents BDE-PL20210002320 — 415 Seabee Ave September 20, 2022 Page 10 of 10 Packet Pg. 17 (iaj}ew aAb aageeS 9�V 309 OZ£ZOOObZOZ-ld : 99£tiZ) Sueld VOp pue RS - d;uauayaellV :;uauayaellV Q M Q 0 ry 0 J LL I' L LP 0 LW r N Z Z 0— IL LL W f2 CD C) Z Z) 0 U) Z HC7 gZ CU Q OJ w �� 0 v v of O 0LL U "C) Qo W LU o H Z Z J Q M LL,~ J wLuL` <zz 0Lu 0 Aww oOf AU)J U)Q Lod wiz �Lu0 FAQ v�v �A zv ir->6 �og�) \\ w P\21133.00 Southpoint Builders-415 Seabee Ave\CAD\PERMIT-COUNTY\21133-COUNTY 6-23-22.dwg LOCATION MAP 8/4/2022 (jejpW eAV eegeaS 94ti 3(38 OZ£Z0006ZOZ-jd : 89£VZ) Sueld m3op pue ems - v wowy3ew :w9mvew U Q O CM v. O z a aW a_z R J W z_ aJ a U as m w cn z W Q z_ aJ w E Eo 3 Z 00 W f � Q W U z U? Z ZY Y WK Z O KW y m o V N W0 z 0 Qg� d Z W ; i .. a �rco,.Xa c7 a¢ Jaa G W W z p' w H 0 T. a O W Z U F 000 Wes= 002 W.¢O O,Y m z 2 m W Q II II ZKWKO�WH..>> 3oo�Yo>3�?z qa �O>zOliF I 1 I I 1 I 1 1 I 1 1 I 120' i L a� N w��� alloo F�3¢oi au'S3� W 0 z az 0o _ am 1 0 co &kM%L a o o N Z X Z 0 i F z Z W 0 m q�wmLu w N W Q Wz z o Wo- m0 z e W W N � c P.\21133.00 S-thp.mt Bold— 415 Seabee Ave\CAD\PERMIT-COUNTY\21133-COUNTY 6-23-22.dwg EXISTING CONDITIONS 8/4/2022 (jejpW eAV oogeoS 94ti 3(38 OZ£ZOOOVOZ-1d : 89£VZ) Sueld moop pue ems - v wouayoew :iuouayoejj% II 1 rcR li o O W z J Y U Q m W U) z g Q a a FX 12' co 13' t 12' M IL m o 6 w z J Y U Q w� m fn J Lu �— a a O a zw am Q z J a a a w 0 O 0 '. Z p U W H � ¢ W z a ww w> w� Z W] M O N n n p w N � w woz� w 0 ¢ tN w W zw� `n a OHO `n5 a� x l z wU XQa Qwd �jwS ¢Kg �Ua" wzo- woo w� aow SE-~ �- w " = N U p aa_ owl wKS w w,¢ O N w} H U W w O S w W W¢ 3 II Riw O Z� w K O� W H .. Oj >> 3 K �oo8 rrOyw,O o8nUo�t- ¢ H W U>Z wF5oww>00d Vo<wDoz�omio44a�00l�D aMo?Z w ¢waFF xm(Dz O cn z 0 m�zF- Yoga oaJcl) p U Z J Q co Q ¢ ww U1 0 w W co A m LL �wLU U5 ~�Q z 0 N cb a_ Y V IL co a a N W a z QJI O o v a CCU M O^^D c>�a con oz� o H v Oc M � U c> 46 P.\21133.00 Southpolnt Builders-415 Seabee Ave\CAD\PERMIT-COUNTY\21133-COUNTY 6-23-22.dwg PROPOSED DOCK 8/4/2022 W (iaj}ew anb aageeS 9�V 309 OZ£ZOOObZOZ-ld : 99£tiZ) Sueld VOQ pue a;iS - d;uauayaellV :;uauayae;}t I O - J 73 O LL z 0 U) O ry N M R � J WzV IL O O w LL a p is LU a.cn C W C m Lu cn > O m 0 cnQw UJ J N CO a� J O 00 0 Q LL � Z I Q Q O I (h M O t � IcI IcI L I L N Cb IL r d Y V IL U) co a d N z ,3 0 5 a M (jejpW 9AV eegeaS 94ti 3(38 OZ£ZOOO6ZOZ-ld 89£VZ) Sueld m3op pue ems - d;uewLi3L v :iuewL4oeu � N \\%00 \\% %\\%\\% of ZI //\\/\ m — — - - M \//\//� a I00 AAA V M Z W z a. 0 a. I I \ \ ED zo co 0 cn a \� 0 / a 2 c z w Z o O wmo..z F o W Wm W�zo m�o wo �U V Q M (iaj}ew aAb aageaS 9Lb 3a8 OZ£ZOOO�ZOZ-ld : 99£tiZ) Sueld M300 pue a;iS - d;uauayaellV :;uauayae;}d W W z 2 U — H W O Q L d 0 O Lu Qwz0 W W — a. z0�a 200' W o W W co A m LL W cl) wcl)W Lo d Q Z lot M N cb a W Y V IL W a d N Z 0 F P�\21133.00 Southooint Builders-415 Seabee Ave\CAD\PERMIT-COUNTY\21133-COUNTY 6-23-22.dwq SUBMERGED RESOURCE SURVEY 8/4/2022 Iz7 (laj}ew aAb aageeS 9�V 309 OZ£Z000bZOZ-ld 99£tiZ) Sueld VOQ pue a;lS - d;uauayae;;v :;uauayae;;d V , i 7 ..i., om �_ N �� 8Y _ m Icz IL S 4 �X� o m oz o ti z 166., l a o 11 z tt � Z ¢ w w OZ N ti � o o c�i � � 19l LU W w /—J(w w �- 16 6 w z I I, z - - WU) o <. O U 16 l a- m A. .�: T W �" IOZ 5 tit. IOZ Lo Y .66 w 6 0 I I ,ii Q w. / �X Q1 U M O a Q •C�� U M s QLU A con Q w9.1 �,. oz 03 IOZ EZ c/, ��\ �'- 1 in Z Z W a 0 Y M � Z z w y a w 0 Q M c 0 2 Z m P:\21133.00 Southpoint Builders-415 Seabee Ave\CAD\PERMIT-COUNTY\21133-COUNTY 6-23-22.dwg ADJACENT DOCKS 8/4/2022 (iaj}ew aAb aageeS 9Lb 3a8 OZ£ZOOObZOZ_ld : 89£tiZ) Sueld V00 pue GIM - d;uauayaeIIV :IUGwLIae;}d Awl—r' LJ4. O x I cn lX►� o I A i4.M' V ` (V O Cr, "k �` z � � a o ❑ o ,Uz X96 Xz .8ZZ Is Ilk i AW":' l N CD IL m Y V IL N 00 a a 2 N Z 0 F N Z 0 F U W N LU ` W I m U) Q W�u W Wa W W p d Z 0o A LL QOa IL m L1 / b. \. p 11 � •� C 'BI p n1 2 �� M a- C� U M Lr>y �< Q LL w � Q W cXG Q w z03 � ,o 4v O 03 2 LL a> A Ow` ... `) M O z �' U w w 5 N R a w o • Iwo Q�) �zHQ P:\21133.00 Southpoint Builders-415 Seabee Ave\CAD\PERMIT-COUNTY\21133-COUNTY 6-23-22.dwg WIDTH OF WATERWAY 8/4/2022 (jejpW oAV oogeoS 94ti 3(38 OZ£ZOOO6ZOZ-jd 89£VZ) Sueld moop pue ems - v woWy3ew :w9mveim m 04 H Z d U- 0 V C) 0 L a X OFZ— U W coco a a Z W p a� � C U O a0 z 0 O CO�- 0 uj o Q W a z tt o o 0' N Z W m o o LO 00 a W wm� z a z U m o a w ❑ o w o N W N Ln W 0 I m W u � • Ww z o= W �LO r Q LD z o m �w Q w ui bq M N ON Q co W 63 U M N J Q Z W c7:; w Ocon .. w Q 2 00 Ilt W co y 04 Q= N d � y 1 c3W >� Z W C. 2 y p= OO aF- U- `n Z O w V ooa 19, z W w �n 2n Ci) W 0 Q y 0=z z Q P:\21133.00 Southpoint Builders-415 Seabee Ave\CAD\PERMIT-COUNTY\21133-COUNTY 6-23-22.dwg NAVIGABILITY 8/4/2022 U Q M (iaj}ew aAb aageeS 9Lb 3a8 OZ£ZOOOMZ-ld 99£tiZ) Sueld VOQ pue a;iS - d;uauayaellV :;uauayae;}t laws LO •z LL O _ :n CD N H I� ��X�� �I z r 0ou �o (L 0 W H cQ uj C 0 NON LL J Q ry wa Qw Z = O� cnW cnW Z Z Ow Y Z� cw W G 0 Q wo = Z Q L L— 32' io C LO 00 ��I ED ti N a Y U IL m a a ,2 z 0 o N z 0 O � z U ' w ul N W QU) o: L m. W== �LL Ww= z LOL J_ m �Q W p > IL Q= W 0 O Li IH Z IL Co z W ' W M O CD 00 f Q W •C�� U M N Z;,*a x fn C) w w COD o 03 � �' M U U R P:\21133.00 Southpoint Builders-415 Seabee Ave\CAD\PERMIT-COUNTY\21133-COUNTY 6-23-22.dwg NAVIGABILITY (2) 8/4/2022 3.A.d KellyJohn From: KellyJohn Sent: Monday, October 3, 2022 5:06 PM To: KellyJohn Subject: BDE-PL20210002320 - 415 Seabee Ave - HEX Sign Posting 10/3/2022 Attachments: Photo 1 jpg; Photo 2jpg I, John Kelly, personally posted a Public Hearing Sign for the above referenced petition, scheduled for hearing by the Hearing Examiner on October 13, 2022, at approximately 1:55PM this date. Said sign was posted to the front of the subject property immediately adjacent to the nearest public right-of-way as evidenced by the attached photos. Respectfully, John XefC Senior Planner Zoning Division - Zoning Services Section 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.5719 Fax: 239.252.6363 Email: John. Kelly@colliercountOLaov Tell us how we are doing by taking our Zoning Division Survey at http://bit.IV/CollierZonin COt.Y County Growth Management Department Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Pg. 28 wI ! all I I I Ike I MAFFEI DOCK 415 SEABEE AVENUE NAPLES, FL 34108 BDE PETITION #PL20210002320 AUGUST 2022 PREPARED BY: TURRELL, HALL & ASSOCIATES, INC. Marine & Environmental Consulting PHONE:239-643-0166 WWW.THANAPLES.COM 00 M It N Packet Pg. 30 E . ?1 L 702-1 ocy3.A.e HEARING PACKAGE CHECKLIST A. Backup provided by the County Planner The agent is responsible for all required data included in the digital file of information for the Hearing Examiner (Hex) or the Collier County Planning Commission (CCPC). DO ACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE DOCUMENTS ARE IN THE ORDER DESCRIBED IN "BACKUP PROVIDED BY APPLICANT." Planner responsible for providing the County Attorney -drafted Ordinance for PUDs and placing in backup materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT — STAFF PROVIDES THIS TO THE COUNTY ATTORNEY WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE STAFF REPORT] B. Backup provided by Applicant: PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO PROVIDE DUPLICATES OF ANY DOCUMENTS. PROVIDE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. IF THE BACKUP PROVIDED BY APPLICANT IS IN DISARRAY -MEANING IT IS NOT IN THE PROPER ORDER AND/OR THE APPLICANT PROVIDES MULTIPLE DUPLICATES -THE APPLICANT COULD LOSE ITS HEARING DATE. Revised 5/18/2018 ✓Application, to include but not limited to the following: ✓ Narrative of request Property Information ! Property Ownership Disclosure Form ✓ Any other documents required by the specific petition type; such as a variance, a boat dock extension; PUD amendment, rezone request, etc. Disclosure of Property Ownership Interest (if there is additional documentation aside from disclosure form) Affidavit of Unified Control �1 ►� v T-.."Z, 2-ye iN j ✓ Affidavit of ✓ Drawings (may include Cross -Section (for BDEs generally), proposed Boat Dock(s) with Water depth, location maps etc.) NIM Information (Sign in sheet, notes, minutes and transcript/or summary) ✓ Include 3 thumbnail drives of video and/or audio Traffic Impact Study (TIS) Environmental Data Historical/Archeological Survey or Waiver Utility Letter co to M N Deviation Justifications h#f Q Provide to Agents G:ICDES Planning Services\Current\Zoning Staff lr&rn)ation\lob Aides or Help Guides Packet Pg. 31 3.A.e Boundary Survey ✓Other documents, as needed, on a case -by -case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any "private or legal" agreements affecting the PUD etc. 0'0' m Submerged Resource Surveys may be included here if required. N flash drive with only one pdf file for all documents cA- I understand that by submitting the above materials, it is the agent's/applicant's responsibility to ensure all materials are in the same order for flash drive must contain the documents in one pdf file. It is the agent's responsibility to ensure no documentation is left out. 9/7/2022 Signature of Agent Representative Nick Pearson Printed Name of Signing Agent Representative Date Revised5/18/2018 Provide to Agents G:\U-DFS Planning Services\CurrentVoning Staff Inforniation\Job Aides or Help Guides Packet Pg. 32 I 3.A.e I Application Form 00 w M It N Packet Pg. 33 r 3.A.e COC[ie' r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 w www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 N DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Q a� Ch. 3 B. of the Administrative Code THIS PETITION IS FOR (check one): ❑■ DOCK EXTENSION ❑ BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed bystoff DATE PROCESSED APPLICANT INFORMATIOI\ Name of Property Owner(s): Massimo Maffei and Phyllis Maffei Name of Applicant if different than owner: Address: 11128 Palmetto Ridge Dr Telephone: E-Mail Address: Cell: Name of Agent(s): Nick Pearson Firm: Turrell, Hall & Associates, Inc. Address: 3584 Exchange Ave Telephone: (239) 643-0166 Cell: E-Mail Address: Nick@THAnaples.com City: Naples State: FL City Fax: Naples State: FL PROPERTY LOCATION Fax: Section/Township/Range: 29 /48S /25E Property I.D. Number: ZIP: 34110 ZIP: 34104 27589360008 Subdivision: Conner's Vanderbilt Beach Est Unit: 2 Lot: 19 Block: Q Address/ General Location of Subject Property: 415 Seabee Avenue Current Zoning and Land use of Subject Property: RSF-3 May 8, 2018 Page 1 of 6 Packet Pg. 34 3.A.e Got ier County 00 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE M GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 N www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ADJACENT ZONING AND LAND USE Zoning Land Use N RSF-3 N/A / open water S RSF-3 single-family residential E RSF-3 single-family residential W RSF-3 single-family residential DESCRIPTION OF °ROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): see attached narrative SITE INFORMATION 1. Waterway Width: 213 ft. Measurement from ❑ plat ❑ survey ❑■ visual estimate ❑■ other (specify) GIs 2. Total Property Water Frontage: 80 ft. 3. Setbacks: Provided: 15 ft. Required: 15 _ ft. 4. Total Protrusion of Proposed Facility into Water: 32 ft. 5. Number and Length of Vessels to use Facility: 1. 31 ft. 2. 36 ft. 6. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: Both neighboring docks to the east and west protrude 20' into the waterway (403 and 427 Seabee Ave.) i 7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in r size, the applicant shall be responsible for erecting the required sign. What is the size of Q the petitioned property? 0.22 Acres May 8, 2018 Page 2 of 6 Packet Pg. 35 Coder Count y 3.A.e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 8. Official Interpretations or Zoning Verifications: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes X No If yes, please provide copies. PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) 00 M It 54 May 8, 2018 Page 3 of 6 Packet Pg. 36 3.A.e Coder Count y 00 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE m M GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 It 54 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 , m SECONDARY CRITERIA Q m 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 1 must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) May 8, 2018 Page 4 of 6 Packet Pg. 37 3.A.e cdfie' r County 00 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE CO M GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 N. www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: ❑ Dock Extension ❑ Boathouse Chapter 3 B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 ® ❑ Property Ownership Disclosure Form 1 Signed and Sealed Survey 1 Chart of Site Waterway 1 ❑ 19- Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip -rap revetment); • Configuration, location, and dimensions of existing and proposed 1 L' ❑ facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. Affidavit of Authorization, signed and notarized 1 ® ❑ Completed Addressing Checklist 1 ® ❑ Electronic copy of all required documents *Please be advised: The Office of the Hearing Examiner requires all 1 vJ materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. May 8, 2018 Page 5 of 6 Packet Pg. 38 Cows County 3.A.e COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ Bayshore/Gateway Triangle Redevelopment: ❑ Historical Review Executive Director ❑ Addressing: Annis Moxam Parks and Recreation: David Berra ❑ City Naples: Robin Singer, Planning Director ❑ School District (Residential Components): Amy of Lockheart ❑ Conservancy of SWFL: Nichole Johnson Other: �!✓!�/ r✓MEfJri9L ❑ Emergency Management: Dan Summers; and/or ❑ Other: EMS: Artie Bay FEE REQUIREMENTS: 1,T' Boat Dock Extension Petition: $1,500.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Signature of Petitioner or Agent 8/2/2022 Date 00 M 11* May 8, 2018 Page 6 of 6 Packet Pg. 39 I 3.A.e I Narrative Statement Packet Pg. 40 3.A.e TURRELL, HALL & ASSOCIATES, INC. Marine & Environmental Consulting 3584 Exchange Avenue • Naples, Florida 34104-3732 • 239-643-0166 • Fax (239) 643-6632 • tuna@thanaples.com 415 Seabee Ave. BDE Petition #PL20210002320 February 16, 2021 Narrative Description of Project Narrative description of project: (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): The property at 415 Seabee Ave, owned by Massimo and Phyllis Maffei since July 2019, is a conventional 80' x 120' rectangular shaped lot located in the Conner's Vanderbilt Beach Estate subdivision of Naples. The parcel is currently the construction site of a single-family residence by the owners. The parcel currently has an 80' seawall shoreline and no docking facility. A dock was present until late 2020, when it was demolished in preparation for a new, reconfigured dock. The waterway on which this property occurs is a man-made waterway, dredged entirely from uplands. The lot is zoned RSF-3, which is intended for development with single-family residences. The proposed dock consists of an L-shaped floating dock that will span 50' from riparian setback to riparian setback. The access walkway which will be used for loading and unloading from the applicants' boats will be 6' in width. The end segment where the gangway will be located, will provide an approximately 10' x 13' platform for storage of marine related items (kayaks, dock box, fish cleaning station). Two boatlifts are also proposed as part of this BDE petition. A smaller lift will occur on the inside of the dock and a larger elevator lift will be located on the outside of the floating dock. The larger lift is the only portion of the project which will protrude beyond the typical 20' protrusion limit. The smaller lift will moor an approximately 31' vessel and the larger lift will moor an approximately 36' vessel. Total protrusion of the facility into the waterway will amount to approximately 32' from the MHWL, or 12' beyond the typically permitted 20' of protrusion. Total over -water structure proposed would amount to approximately 505 square feet, which is comparable to the surrounding structures, despite the additional protrusion proposed. All structures proposed would be located within the applicant's riparian setbacks and have been designed so as to not affect the ingress or egress paths from neighboring docks or public navigability in general. The neighbor to the east ingresses from the east and so will not be affected by the structures as proposed. The neighboring to the west has a dock with an ingress/ egress path also from the east. However, the structure has been designed so that this neighbor will not be affected by any structures protruding beyond the typically allowed 20' of protrusion either. Considering that there are also no seagrasses growing within 200' of the proposed project so environmental impacts by the designed structure are non-existent. We believe that this BDE would therefore allow the property owner to make reasonable use of the waterway and docking facility for mooring and other water - based recreational activities while also maintaining the ability to safely ingress and egress with either of the applicant's vessels. Packet Pg. 41 I 3.A.e I Property Information 00 w M It 54 Packet Pg. 42 Collier County Property Appraiser Property Summary Site 415 Site Zone Parcel No 27589360008 Address SEABEE Site City I NAPLES 3411 " *Disclaimer SAVE *Note M Name / Address MAFFEI, MASSIMO PHYLLIS LAGRASTA MAFFEI 11128 PALMETTO RIDEGE DR NAPLES State 34110 Map No. Strap No. Section Township Range Acres *Estimated 3A29 233800 Q 193A29 29 48 25 0.22 Legal CON R'S VANDERBILT BCH EST UNIT 2 BLK Q LOT 19 N Millage Area v 154 Millage Rates v *Calculations Sub./Condo 233800 - CON RS VANDERBILT BCH EST #2 School Other Total Use Code O 0 - VACANT RESIDENTIAL 5.016 6.5976 11.6136 Latest Sales History 2020 Certified Tax Roll (Not all Sales are listed due to Confidentialitv) (Subject to Change) Date Book -Page Amount 07/11/19 5664-1620 $ 915,000 04/30/10 4563-1503 $ 625,000 09/13/06 4104-1530 $ 1,200,000 05/04/04 3555-1209 $ 700,000 07/14/00 2698-2420 $ 0 02/19/99 2514-2381 $ 245,000 02/19/99 2514-2379 $ 0 06/10/92 1724-921 $ 222,300 08/01 /89 1462 -1085 $ 0 Land Value $ 733,4; +� Improved Value $ 181,01 (_) Market Value $ 914,4! (_) Assessed Value $ 914,4! (_) School Taxable Value $ 914,4! (_) Taxable Value $ 914,4! If all Values shown above equal 0 this parcel was created after the Final Tax Roll 1* N N Packet Pg. 43 Collier County Property Appraiser Property Detail 415 SEABEE Parcel No 27589360008 Address AVE Site City NAPLES *Disclaimer Name / Address I MAFFEI, MASSIMO PHYLLIS LAGRASTA MAFFEI 11128 PALMETTO RIDEGE DR NAPLES Site Zone 34 3 *Note 0o w cm State I FL Zip 134110 Permits (Provided for reference purposes only. *Full Disclaimer. ) Tax Yr Issuer Permit # CO Date 73-3185 12/06/74 Tmp CO Final Bldg Type 1974 COUNTY 1975 COUNTY 74-142 01/13/75 2005 COUNTY 0405-2848 DOCK 20051 COUNTY 0406-2132 09/16/04 POOL 2005 COUNTY 0407-1450 08/16/04 ROOF 2005 COUNTY 0407-2510 09/16/04 SCREEN ENCLOSUR 2008 COUNTY 0702-2207 DOCK 2021 COUNTY PRBD20200520647 10/27/20 10/19/20 SEA WALL 2021 COUNTY PRBD20200726848 05/24/21 05/21/21 RESIDENCE, DEMOLITION Land # Calc Code Units 10 RESIDENTIAL FF 9600 Building/Extra Features # Bu at Description Area A ( 10 2020 1 SEAWALL 80 81 Packet Pg. 44 Collier County Property Appraiser Property Aerial Parcel No 27589360008 Address � ess 415 SEABEESite City NAPLES *Disclaimer AVE Open GIS in a New Window with More Features. Site Zone 34 *Note Co M 1* N Packet Pg. 45 Collier County Property Appraiser ALSE 10 44 3 POOL-4 6 14X28 BRICK 767.7 sf 44 16 1 + 1 1760.0 sf 3 2 20 20 CONC 4 24 GAR 70 227.0 sf 7 21 (B=352.0 sf) 246.4 sf n. AWD 425.0 sf 32 40 00 M 2 14 Packet Pg. 46 I 3.A.e I Property Ownership Disclosure Form Packet Pg. 47 3.A.e Cottier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE w GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 M www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM > Q 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: 7 C Name and Address I % of Ownership Massimo and Phyllis Maffei 11128 Palmetto Ridege Dr 100 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address I % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address I % of Ownership Created 9/28/2017 Page 1 of 3 Packet Pg. 48 Cottier County 3.A.e COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: e f f. Name and Address I % of Ownership 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 'I I IL.CI J, a L U L.RI IUIUIn J, UCI ICI luau ICJ, UI f CII LI ICI J. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Date subject property acquired ❑ Leased: Term of lease Name and Address years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 w (.0 M 1* Packet Pg. 49 Cottier County 3.A.e COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Date of option: Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Nick Pearson Agent/Owner Name (please print) Created 9/28/2017 2/15/2022 Date Page 3 of 3 w to M 1* Packet Pg. 50 I 3.A.e I Property Deed 00 w M It N Packet Pg. 51 INSTR 5754760 OR 5664 PG 1620 E—RECORDED 8/19/2019 3:32 PM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $6,405.00 REC $18.50 CONS $915,000.00 Consideration: $915,000.00 Documentary Stamps: $6,405.00 Recording Fee: $18.50 Prepared by: James F. Morey, Esq. Bond, Sclioeneck & King, PLLC 4001 Tamiami Trail N'orh Suite 105 Naples, FL 34103 \ File Number: 406971`�,po. Parcel Identification No. 275-036000.8 tom. ,. (Space Above This Line For Recording Data) a�a Warranty Deed ,j (STATUTORY FORM - SCCTION 689.02, F.S.) 3.A.e 0 N M N O O O N O N J IL 00 to M le N This Indenture made this ti days of duly, 2019 between William G. Howard and Jill A. Howard, husband and wife whose post office additss.js P.O. Box 388, Buckner, KY 40010 of the County of Oldham, State of Kentucky, grantor*, and Massimb`Maffei and Phyllis LaGrasta Maffei, husband and wife whose post office address is 11128 Palmetto lodge Drive, Naples, FL 34110 of the County of Collier, State of Florida, grantee*, Witnesseth that said grantor, for and in consid ati othhe sum of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable considerations to said grantgrlip hand paid by said grantee, the receipt whereof is hereby acIcnowledged, has granted, bargained, and ; 'to, the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and 1 `in iif Ilier County, Florida, to -wit: Lot 19, Block Q, Unit No. 2 Conner's Vanderbilt Beach Estates, according to the Plat thereof recorded in Plat Book 3, Page 17, of the Public Records of Collier County, Florida. Subject to (a) ad valorem and non ad valorem real pr6per taxes for the year of closing and subsequent years; (b) zoning, building code and er use restrictions imposed by governmental authority; (c) outstanding oil, gas and mineral intbrgts of record, if any; and (d) restrictions, reservations and easements common to the subdivision, and said grantor does hereby fully warrant the title to said land, and will deferid. t .Same against lawful claims of all persons whomsoever. * "Grantor" and "Grantee" are used ror singular or plural, as context requires. Li Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year-ft s—rabove written. DoubleTimeOl Packet Pg. 52 *** OR 5664 PG 1621 *** 3.A.e 0 N M N O O O N O N J IL 00 to M N Signed, sealed and (Signature of Wi Print Name: I (Signature of Print Name: aivered in our presence (as to both): (Seal) s" 1 )' ,,',< � William G. Howard 4- a � i 0) eal s #2) - Jill A. Howard State ofe v1hs� JCL"\( County of ulcu,OX The foregoing instrument yas acknowledged before me Jill A. Howard, who ✓ are personally known or [_] licenses as identification. [Notary Seal] day of July, 2019 by William G. Howard and luced driver's Printed Name: My Conunissio ZI zo 2,0 Warrant), Deed (Statulmy Form) - Pagc 2 DoubleTime® Packet Pg. 53 I 3.A.e I Addressing Checklist 00 w M It 54 Packet Pg. 54 4� Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 3410400 www.colliergov.net (239) 252-2400 FAX (239) 252-5724 N a� ADDRESSING CHECKLIST Q 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 si , n�Y Addressing personnel prior to pre -application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) 0 BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) Conner's Vanderbilt Beach Est # 2 T48, R25, S29 FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 27589360008 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 415 Seabee Avenue, Naples, FL, 34108 LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY (copy -needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) PROPOSED PROJECT NAME (if applicable) 415 Seabee Avenue - BDE petition name not yet approved PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL # Packet Pg. 55 3.A.e Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 M www.colliergov.net (239) 252-2400 FAX (239) 252-5724 N a� a Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) v Please Return Approved Checklist By: [�] Email ❑ Fax ❑ Personally picked up Applicant Name: Nick Pearson (Turrell, Hall & Associates, Inc.) Phone: (239) 643-0166 Email/Fax: Nick@THAnaples.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 27589360008 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: a f �+ Date: 08/27/2021 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Packet Pg. 56 I 3.A.e I Affidavit of Authorization 00 w M It N Packet Pg. 57 3.A.e AFFIDAVIT OF AUTHORIZATIO FOR /PETITION NUMBERS(S) .55 f n �� Al� L4fJ "Cl (print name), as applicable) of (com under oath, that I am the (choose one) owner applicant contract pur ny, If (title, if licable), swear or affirm and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by 11he County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the pr, perty during normal working hours for the purpose of investigating and evaluating the request made t rough this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/1 authorize r c 1 .� �. , to act as our/my representative in any matters regarding this petition including 1 through 2 above.' *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres • If the applicant is a Limited Liability Company (L.L.C.) or Limited Compan, typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf c • If the applicant is a limited partnership, then the general partner must sic partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the • In each instance, first determine the applicant's status, e.g., individual, cc use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing the facts stated in it are true. Signature STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of physical day of Ctf td�l f ,20 ZI , by (printed name of owner or qualifier) Such erson(s) Notary Public must check applicable box: Are personally known to me rl Has produced a current drivers license M Has produced as identification. Notary Signature: CP\08-COA-00115\155 REV 3/4/2020 or v. pros. (L.C.), then the documents should the partnership. i and be identified as the `general "as trustee": trust, partnership, and then it of Authorization and that 2 Date or Donli�j�notarization this I' , c'"r 4 "aU VICTORIA D BURNS Notary Public -State of Florida y ' Commission = GG r 3273' My�omYn`ExpiresMar '3,2022 Bonded through National Notary Assn. 0 N Cl) N 0 0 _o N 0 N J a 0 c� M 04 N Packet Pg. 58 3.A.e AFFIDAVIT OF AUTHORIZATI FOR PETITION NUMB ERS(S) PL20210002320 1 I -t) v ' (print name), as V " i n applicable) of (co under oath, that I am the (choose one) owner0 applicant=contract p 1. 1 have full authority to secure the approval(s) requested and to it the referenced property as a result of any action approved by application and the Land Development Code; 2. All answers to the questions in this application and any sketches attached hereto and made a part of this application are honest ar 3. 1 have authorized the staff of Collier County to enter upon the p for the purpose of investigating and evaluating the request made 4. The property will be transferred, conveyed, sold or subdivic restrictions imposed by the approved action. 5. Well authorize Turreii, Hall & Associates, Inc. in any matters regarding this petition including 1 through 2 above *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pre • If the applicant is a Limited Liability Company (L.L.C.) or Limited Compaq typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf • If the applicant is a limited partnership, then the general partner must s partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and th • In each instance, first determine the applicant's status, e.g., individual, c use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing the facts stated in it are true. Signature STATE OF FLORIDA COUNTY OF COLLIER Th foregoing instrument as acknowleged before me by means of Ophys day of, 20-71 , by (printed name of owner or qualifier) Such rson(s) Notary Public must check applicable box: Are personally known to me ® Has produced a current drivers license ® Has produced as idewxtification. Notary Signature: CP\08-COA-00115\155 REV 3/4/2020 0 N M N O 0 o (title, if c )any, If applicable), swear or affirm � ;haser=and that: la pose covenants and restrictions on 0 t° M he County in accordance with this N data or other supplementary matter i true; Q cperty during normal working hours hrough this application; and that ed subject to the conditions and to _ to act as our/my representative 0 �a or v. pres. (L.C.), then the documents should C Y f the partnership. m In and be identified as the "general w 0 words "as trustee". m rporate, trust, partnership, and then E 0 G lavit of Authorization and that a1 0 Date to c R c 0 a sencp,or ® orlline nq{Arization this a ----------- VICTORIA D BURNS 2 t Notary Public - State of FlorldA r= Commission 4 GG 182731 �r.s My Comm. Expires Mar 13, 2022 Fxgt\da0 through National Notary Assn, Packet Pg. 59 I 3.A.e I BDE Drawings / Exhibits Packet Pg. 60 d d M Q 0 ry 0 J LL I' L LP 0 LW r - dnVee 3a8s;uewnooa 6ui:poddng pue uoi}eoilddd `dnMoe8 s,}ueoilddb- 3;uauayoe;;d :;uGwL]Oe;;d N Z Z �o LL W � C� C) Z Z) Z HC7 gZ CU Q OJ w �� 0 v v of O oLL U "C) Qo W LU o H Z Z J Q M LL,~ J wLuL` <zz 0Lu 0 Aww oOf AU)J U)Q Lod wiz �Lu0 FAQ v�v �n zv toTM, a r m Y V m a ir->6 �og�) \\ w P\21133.00 Southpoint Builders-415 Seabee Ave\CAD\PERMIT-COUNTY\21133-COUNTY 6-23-22.dwg LOCATION MAP 8/4/2022 - dn){oe8 3a8sluawnooa 6ui:poddng pue uoileoilddV `dmjoe8 s,lueoilddd - 3 juawyoejjbr :Iuawyoe;;V Q r CM v. O z a aW a_z R J E W z_ aJ a U as m w cn Eo z W Q z_ aJ w lijr, i 3 Z 00 W f z Q W U z U? 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M � P\21133.00 Southooint Builders-415 Seabee Ave\CAD\PERMIT-COUNTY\21133-COUNTY 6-23-22.dwq SUBMERGED RESOURCE SURVEY 8/4/2022 F-NE - dnVee 3a8s;uewnooa 6ul:poddng pue uol}eollddd AnMoeg s,;ueoilddb- 3;uauayoe;;d :;uauayoe;;d Iczy r S 4 \ s^ r�< 3X►� o j a oz < a C 16OZ o ( 11 z tt � Z Z F 31: Q Z L yl I 18 l WLU +' . Lij w w �- 16 6 w z I I � z — WU IOZ 16 .�... 9 o IZZ W �}4 Z `+ Oa U IOZ t. IOZ u, b" 1 It Q w. O s. QLU U W A con Q w �,. oz • yAiirr Z = '> 9 0344 >� O r� IOZ 1 in LL >>1 Z Z W o O Y U) Q M � w w 'lil�r I, - co cb IL d Y V IL PA21133.00 Southpoint Builders-415 Seabee Ave\CAD\PERMIT-COUNTY\21133-COUNTY 6-23-22.dwg ADJACENT DOCKS 8/4/2022 - dnMoee 3a8s;uewnooa 6urpoddng pue uoi}eoilddd `dnMoeg s,;ueoilddb- 3;uauayoe;;d :;uGwLI3e;;d Awlr' x I cn lX►� o I AI i4.rM V ` NPe -iN � � a o ❑ o .UZ _i LU WLU W .E96 m U __� �Z r9 - � W� W Wa W W p a Z A Q LL Wo O IL Co H 00 co Cb IL m Y V IL N 00 a a 2 N Z 0 F m N Z 0 F U W N A ti w. Lo a c'3 U M Q LL Q ,* FW c Y y`. 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W u � • Ww Z o= W �LO r Q LD L z o w � Q LL1 ui X Q ON Q co W C,3 U M N 0- J Q Z a) W c.> w Q 2 0 Ilt W con y dLU N �U) i c13W >� Z Z W N 0 CD 2 U) Cl) `�U ooa �a Z w O Y 19, z w w �n n Ci) wo< y 0=z z� -Q P:\21133.00 Southpoint Builders-415 Seabee Ave\CAD\PERMIT-COUNTY\21133-COUNTY 6-23-22.dwg NAVIGABILITY 8/4/2022 - dnMoee 3a8s;uawnooa 6ui:poddng pue uoi;eoijddd `dnMoee s,;ueoilddb- 3;uauayoe;;d :;uauayoe;;t LO •zft- LL O _:n oO N H I� 44 r 1-0 00 a r w 4 m 0 W H caw C 0 NON LL J Q ry w< Qw Z = O� coW cnW Z Z Ow Y Z cw w G 0 Q wo = Z Q L L— 32' io C LO 00 ��I ED W QC/) o: L m. W== �LL Ww= Z LOL J_ m �Q W p > IL Q= W 0 O Li IH Z IL Co z W ' W M O CD 00 Q W .C�� U M N Z;,*a x Cl) C) w w LO c� o U R P:\21133.00 Southpoint Builders-415 Seabee Ave\CAD\PERMIT-COUNTY\21133-COUNTY 6-23-22.dwg NAVIGABILITY (2) 8/4/2022 I 3.A.e I Primary Criteria 00 w M It N Packet Pg. 71 1 3.A.e PRIMARY CRITERIA co The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in M 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 > Q 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. cn Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) The subject property is zoned for a single-family residential unit which warrants no more than 2 slips per the CC-LDC. The proposed project consists of single dock with 2 boat lifts. This criteria is therefore 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.) See attached survey/drawings illustrating the previously existing docking facility and proposed docking facility. Water depths at this location are adequate for the proposed vessels. This criteria is therefore not met. 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.) There is no navigable channel at or adjacent to the proposed project location. Therefore, no marked or navigable channels will be affected by the proposed project and this criteria is met. 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) The proposed docking facility will protrude 32' into the waterway in a location where the width of waterway is approximately 213' across. Meaning, the project will take Packet Pg. 72 3.A.e up 15% of the waterway with 85% of the waterway left for navigability and 00 construction on the opposite side of the waterway. This criteria is therefore met. M N 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 is located entirely within the applicant's riparian area and will meet the required side yard setbacks of 15-feet on both sides. With the exception of the single boat and lift which is triggering the need for this BDE petition, the entire dock facility will also be located within the typically allowed 20' protrusion limit. That is to say, without the lift, a BDE petition would not be necessary, and the property owner could simply apply for a building permit and construct the floating dock as shown on the exhibits. Navigation to, from, and around a U-shaped, shore - parallel oriented dock via the 30' space provided by combined side setbacks is required in almost every dock within Vanderbilt lagoon. In this case, since the proposed boatlift poses no additional obstacle to navigation beyond that of the dock by itself, there is no reason to believe that navigation to the neighboring properties will be affected adversely by the project proposed under this BDE petition. In terms of specifics, the docking facility to the east is oriented so that ingress/egress occurs from the east (away from the subject property). This property should therefore not be affected by the project at all. The property to the west also has a dock facility which, as is typical for the area, utilizes essentially the entirety of its riparian area that falls within the side setbacks and 20' protrusion limit. This facility will moor a maximum sized boat of 33' in length that will ingress/egress from the east (towards the facility proposed under this BDE petition). The floating dock being proposed at the subject property, which is entirely within the 20-foot protrusion limit, would require the neighbor's boat to angle somewhat in and out of the lift for proper navigation. As discussed above, this sort of angled entry and exit path is common within the general area. The lift being proposed on the outside of the floating dock would not alter this angle of ingress/egress. Therefore, we believe that no neighboring dock facilities nor public navigation will be affected by the proposed structures, and this criteria is therefore met. It is also not uncommon throughout Vanderbilt lagoon for boats to be docked within a slip where the backing distance is significantly less than the moored vessel's total length. And while we acknowledge that ingressing and egressing from a slip in this type of situation is constricted, such is also the nature of the shore parallel dock configuration throughout Vanderbilt lagoon. Several examples of this situation cane be seen in the photos below. Packet Pg. 73 3.A.e 103 Bayview Ave - 38 ft. of boat length and 24 ft. of backing distance. 151 Bayview Ave. - 33.5 ft. of boat length and 27 ft. of backing distance. 314 Egret Ave. - 40.5 ft. of boat length and 23 ft. of backing distance. 410 Egret Ave. - 36 ft. of boat length and 25 ft. of backing distance. CO c� M N Packet Pg. 74 I 3.A.e I Secondary Criteria 00 w M It N Packet Pg. 75 3.A.e SECONDARY CRITERIA 00 W M l . Whether or not there are special conditions, not involving water depth, related to the subject N property or waterway, which justify the proposed dimensions and location of the proposed m dock facility. (There must be at least one special condition related to the property; these Q may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) �a The Vanderbilt Lagoon waterway is fronted by a network of linear streets, canals, and docks. This grid configuration of properties, combined with the 20' protrusion limitation for docks (as defined by Collier County's Land Development Code) in this area of the canal, all but requires the orientation of docks to be constructed in a shore parallel configuration. As a result, most docks present on standard canal lots within Vanderbilt lagoon are more or less uniform in utilizing this shore parallel mooring configuration, where the full 20' of protrusion and 40' to 50' area (for typical sized lots) within the riparian side setbacks are preempted. The subject property has 50' of riparian area between its 15' riparian setbacks. However, this shore -parallel configuration makes full use of the riparian area difficult or not possible should the applicant want to moor a boat that is larger than the combined 15' side setbacks of the applicant and their neighbors. This is namely because, although the applicant's vessel might fit within its riparian area, the neighboring docking facilities may block the needed ingress or egress path to the vessel's slip. While a shore -perpendicular design configuration would likely solve the issue of such potential navigational interference, the associated increased deviation from Collier County's protrusion regulations make this an undesirable alternative. As a result, in this case the applicant has instead elected to proceed with utilizing a shore -parallel dock design configuration to preserve consistency, while acknowledging the navigational challenges arising from neighboring properties that are inherently involved. This criteria is therefore met. Should staff prefer a shore -perpendicular design, this can be offered as an alternative. 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) The proposed facility will utilize approximately 505 square feet of "decking", which is located entirely within the normal protrusion limit of 20' from the mean -high water line. This amount of structure is in -line with nearly all neighboring facilities in the area. Both contiguous neighbors at 403 and 427 Seabee Ave have comparably sized docks respectively with approximately 560 square feet and 490 square feet of decking, as seen in the photos below. Packet Pg. 76 3.A.e w c� M N Additionally, the previous dock on this property was also approximately 500 square feet in area. The access walkway of the proposed dock is 6' wide and is typical for floating docks and for other dock structures in the area as well. The larger area on the east side of the facility will be used to provide space for the gangway and to provide storage space for recreational items such as a dock box, kayaks or paddleboards, a fish cleaning station, etc. Lastly, this square platform will provide structural stability to the access walkway, similar to an outrigger on a sailboat. From an engineering standpoint, long skinny floating docks are never advisable because of their instability, known as the canoe effect. For the reasons listed above, and because no submerged resources are present in the area, we believe the decking proposed is not excessive and that this criteria is 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 length of both vessels together do exceed 50% of the property's shoreline. This criteria is therefore 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.) Criteria #4 is aimed at whether or not the facility will have a "major impact" on the waterfront views of the neighbors. Neither the use nor number of vessels proposed is excessive beyond what the normal building code would allow. The proposed structures are also located entirely within the applicant's riparian area and riparian setbacks and no decking is proposed outside the normal protrusion limit. Although the adjective "major" is, in this context, a subjective term, our opinion is that the proposed structures will not constitute an impact on the neighbors views at all beyond what is typically allowed. And the structures will certainly not constitute a major impact. Additionally, the right of views of riparian owners are restricted to the space within their respective riparian area. From this perspective, the views of the neighbors won't be changing at all, and impacts to their legally allotted views will not be affected. If the views outside the neighbors' riparian areas are considered, then it Packet Pg. 77 3.A.e should be noted that nearly every house on the project's site's canal is already built CO out with a dock and boat(s). The proposed facility consists of a private, recreational M 2-vessel dock which will serve the same use and purpose as everyone else. Therefore, N because the use of the property is not changing, and because both vessels are located entirely within the owners riparian area, our opinion is that the project should not > Q have an impact on the views of neighboring property owners and this criteria is met. a; 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 within 200' of the property nor the neighboring properties. This criteria is therefore 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.I I must be demonstrated.) The proposed project is for a private, recreational 2-slip dock associated with a single- family residence in Vanderbilt Lagoon, and so this criteria is, according to county staff, not applicable. Packet Pg. 78 I 3.A.e I Professional Survey 00 w M It N Packet Pg. 79 3.A.e LEGEND k5 S DENOTES SPOT ELEVATION SMAGND DENOTES SET MAG NAIL & DISC STAMPED 'JHM LB7027' ® DENOTES SEWER CLEANOUT TBM DENOTES TEMPORARY BENCHMARK OT DENOTES TELEPHONE RISER PE DENOTES POOL EQUIPMENT DENOTES FIRE HYDRANT AC DENOTES AIR CONDITIONER �a DENOTES GATE VALVE Qs DENOTES SANITARY SEWER MANHOLE DENOTES POWER POLE DENOTES WATER METER W/BACKFLOW PREVENTER —"M DENOTES OVERHEAD WIRES (M) DENOTES MEASURED DENOTES CONCRETE W A T E R W Y 35 HIGH WOOD ( 9 0' W I D ) RAIL FENCE ON TOP OF SEAWALL sMACIVD '�� WOOD DOCK 80.00' 6� -b6 N8%4 WE FOUND DRILL 1.2' WIDE HOLE CONCRETE N SEAWALL 0.8' WIDE 5'S 5 5 N CONCRETE RETAINING � T WALL — 45.5' K Y m SCREENED O ,,°'� c) N POOL DECK 00 m O N N O X15.8' r 44.3' S9 0.4' LOT 18 N LOT 19 w w LOT 20 (OCCUPIED) O? ^ ONE STORY RESIDENCE a t� M (OCCUPIED) DO 1� FINISHED FLOOR LO cD SAC FLEVATION=6.16 615 �1 19.6' .4' 15.9' i oN N TILED 24.5' N Z COVERED 5 I X59 1.4'X1.4' PORCH COLUMN 5 ' (TYPICAL) 4 00 5 BRICK o M SET 5/8" IRON DRIVEWAY ROD &CAP FOUND�IRON ROD 5Nti � 'JHM LB7027� S88.00'55' L OQ,03' M _a 88' 410N 0.00 Q ELECTRICAL " h� (D °` �1 325'# t0 TRANSFORMER '�j.0� co Vanderbilt_ PAD N�� I IMEROCK R A6 Drive LIMEROCK NON N1ti Seabee lAvenue N� N�o — — —— — — h 7.6't ASPHALTSMAGND 0 10 20 30 p N5 PAVEMENT ELEVATION-4.47 GRAPHIC SCALE IN FEET N� (60' WIDE PUBLIC ROAD RIGHT OF WAY) 4) Q 4) 4) N N Ln W m O N M CD O 0 0 N O N —1 (_ LEGAL DESCRIPTION CERTIFIED TO: LOT 19, BLOCK "Q", 'UNIT NO.2 CONNER'S VANDERBILT BEACH ESTATES', ACCORDING TO THE PLAT SANIBEL and PHYLLIS MAFFEI THEREOF RECORDED IN PLAT BOOK 3, AT PAGE 17, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA HOMETCAPTIVOWN COMMUNITY BANK FLORIDA HOMETOWN TITLE &ESCROW, LLC ' FLORIDA. I WESTCOR LAND TITLE INSURANCE COMPAN SURVEYOR'S NOTES 1) UNDERGROUND ENCROACHMENTS AND/OR IMPROVEMENTS WERE NOT LOCATED OR SHOWN HEREON. 2) BEARINGS SHOWN HEREON ARE BASED UPON FIXING THE MONUMENTED EAST LINE OF LOT 19, BLOCK Q, AS S01 056'32"E. 3) THIS MAP IS NOT VALID WITHOUT EITHER THE SIGNATURE AND THE ORIGINAL RAISED SEAL, OR A VALIDATED ELECTRONIC SIGNATURE, OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4) SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS -OF -WAY OF RECORD. 5) SUBJECT PROPERTY LIES IN ZONE AE ACCORDING TO FEMA FLOOD INSURANCE RATE MAP NO. 12021CO189H, DATED 05/16/2012 (BASE FLOOD ELEVATION = 10). 6) THE ACCURACY OF THIS SURVEY HAS MET OR EXCEEDED THE MINIMUM REQUIREMENTS FOR A SUBURBAN SURVEY AS SET FORTH IN THE STANDARDS OF PRACTICE [CHAPTER 5J-17.051(3)(b)15.bJi1, FLORIDA STATUTES. 7) ELEVATIONS SHOWN HEREON RELATE TO THE NORTH AMERICAN VERTICAL DATUM OF 1988. 8) BEARINGS AND DISTANCES ARE PER PLAT UNLESS OTHERWISE NOTED. PROJECT BOUNDARY SURVEY W/SPOT ELEVATIONS Y)a LOT 19, BLOCK Q, 'UNIT NO.2 CONNER'S VANDERBILT BEACH ESTATES' J H MCCARRIER _A--- - AND SURVEYING, INC. CLIENT REVISIONS Licensed Business No.7027 MASSIMO and PHYLLIS MAFFEI 5/21/19 ADD FNC,PP+REV LOC OF SMAGI 11128 PALMETTO RIDGE DRIVE 2460 SUNRISE BOULEVARD NAPLES, FL 34110 FORT MYERS, FLORIDA 33907 Phone:(239)277-7821 PHONE: (239) 348-9299 Gen9e NVmbe' 6021 STATE OF FLORIDA JUDITH H. McCARRIER PROFESSIONAL SURVEYOR & MAPPER FLORIDA LICENSE NO. 6021 ADDRESS 415 SEABEE AVENUE NAPLES, FL 34108 SCALE 1"=30' DATE MAY 14, 201 FILENAME PROJECT NO. 19-034 ConnereVantle.biXBch 6155eabee.tl, DRAWN BY ICIFECKEDBIA JWM I JHM Packet Pg. 80 I 3.A.e I Submerged Resource Survey Packet Pg. 81 1 I Ike I 415 SEABEE AVE. NAPLES, FL 34108 FOLIO #27589360008 SUBMERGED RESOURCE SURVEY REPORT SEPTEMBER 2021 PREPARED BY: TURRELL, HALL & ASSOCIATES, INC. Marine & Environmental Consulting PHONE:239-643-0166 WWW.THANAPLES-COM 00 w M It N Packet Pg. 82 I 3.A.e I 00 Table of Contents 1 Introduction 1 `V 2 Objective.............................................................................................................................................2 m a' 3 Methodology......................................................................................................................................3 4 Results.................................................................................................................................................4 af°i 5 Conclusion..........................................................................................................................................5 v 6 Photos................................................................................................ Error! Bookmark not defined. Packet Pg. 83 1 415 Seabee Ave I 3.A.e I Submerged Resource Survey September 2021 1 INTRODU TION Turrell, Hall & Associates, Inc. (THA) has been contracted to provide environmental services in the form of a Submerged Resource Survey (SRS) at a property addressed as 415 Seabee Ave. in Naples, FL 34108 that can be identified by folio #27589360008. This resource survey will provide planning assistance to both the property owner and regulating agencies during any review processes for the proposed project. The subject property consists of a 0.22-acre parcel that can be found in Naples along Vanderbilt Channel that connects to the Gulf of Mexico through Wiggins Pass. The cleared parcel currently contains an existing seawall measuring 80 linear feet. The property is neighbored to the east and west by single family residences, to the north by a manmade canal, and to the south by Seabee Avenue. Nearly all surrounding lots contain docking facilities (with boatlifts) with the same use as that which is proposed. The SRS was conducted on September 22, 2021, between approximately 2:00 p.m. and 3:00 p.m. Site conditions consisted of cloudy skies with a slight breeze. Water clarity was adequate and allowed approximately 12-18 inches of visibility. The ambient air temperature was approximately 83 degrees Fahrenheit and wind speeds averaged 6 mph from the north. The average ambient water temperature was approximately 86 degrees Fahrenheit. High tide occurred during the site visit at approximately 2:34 p.m. and reached approximately 2.50 feet above the Mean Low Water Mark. Low tide was achieved before the site visit at approximately 8:46 a.m., reaching approximately 0.30 feet above the Mean Low Water Mark. It then was again achieved following the site visit at approximately 9:09 PM, reaching 0.6 feet above the MLW mark. 1 00 M 1* N Packet Pg. 84 I 3.A.e I 415 Seabee Ave Submerged Resource Survey September 2021 00 2 OBJECTIVE N The objective of the SRS was to identify and locate any existing submerged resources within 200 feet of the proposed docking facility expansion. Ordinarily, if seagrasses are present within the vicinity of a project area, an analysis will be required regarding species, percent coverage, and impacts projected by the proposed project. The presence of seagrasses may be ample cause for re- configuration of the design for projects over surface waters in order to minimize impacts. The general scope of work performed during a typical submerged resource survey is summarized below: • THA personnel will conduct a site visit and swim a series of transects within the project site in order to verify the location of any submerged resources. • THA personnel will identify submerged resources within the vicinity of the site and produce an estimate of the percent coverage of any resources found. • THA personnel will delineate the approximate limits of any submerged resources observed via a handheld GPS device. 2 Packet Pg. 85 415 Seabee Ave I 3.A.e I Submerged Resource Survey September 2021 3 METHODOLOGY THA biologists intentionally designed the methodology of the SRS to cover not only the entire property shoreline for the proposed dock installation but also the area within 200 ft. of the proposed site. The components utilized for this survey included: • Reviewing aerial photography of the surveyed area. • Establishing survey transect lines (spaced approximately 10 feet apart) overlaid onto aerials. (See attached Exhibits) • Physically swimming the transects, GPS locating the limits of any submerged resources found, and determining the percent coverage within the area. • Documenting and photographing all findings The surveyed area was evaluated systematically by following the established transect lines throughout the project site as shown on the attached exhibit. Neighboring properties, docking facilities, and other landmarks provided reference markers which assisted in maintaining correct positioning over each transect. During this SRS, one THA staff member swam the transect lines using snorkel equipment while a second remained on the shore taking notes and compiling findings on an aerial of the project site. Ordinarily, if any resources are found, they are photographed, GPS located, delineated, and analyzed for percent coverage within the area via a half meter square quadrat. W 00 M 1* N Packet Pg. 86 415 Seabee Ave I 3.A.e I Submerged Resource Survey September 2021 4 RESULTS The substrate found within the surveyed area consists of sandy material and sparse shell debris. Depths increased gradually with distance from the shoreline to the middle of the waterway from approximately three to seven feet. During the submerged portion of the survey, no seagrasses, oysters, or other resources were observed in any capacity. Accordingly, no impacts to submerged resources are expected to occur as the result of the proposed project. A list of species observed during the SRS can be seen below in Table 1. Table 1: Observed species of wildlife and vegetation within the vicinity of the project site Common Name Scientific Name Eastern mudminnow Umbra pygmaea Sheepshead Archosargus probatocephalus 4 CO M 1* N Packet Pg. 87 I 3.A.e I 415 Seabee Ave Submerged Resource Survey September 2021 5 CONCLUSION The submerged resource survey was conducted and completed throughout a 200-foot radius surrounding the project site and yielded no results. No seagrasses or other resources were observed anywhere within the vicinity of the project site. Accordingly, negative impacts to submerged resources are not expected as a result of any dock project. 61 00 M 1* N Packet Pg. 88 415 Seabee Ave I 3.A.e I Submerged Resource Survey September 2021 6 PHOTOS Photo 1: View of the silty sand substrate observed on the seafloor. C7 Packet Pg. 89 d d M 0 L.L 0 1 I. 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O L J Z Q H D X W W in 1_ r Z W Q Z Q J a- m W, i 0 00 2 Z O U W f Z ¢ W U z ¢ ww z_ 0 rn wzm o Qa� o �rc� a Z W w OCe NX z w> �aa w a¢� gjwajg ' " Wz0 woo +M aoW zU� QUO �w W= O f n 2 w,40 =a> fn02fn W w¢ a � < g' o n 3oo�°yo>3-z z ow�>zo � ow�yo:¢Zo9H o¢ _ ylw w��oiaNOQ�� H f Z Q N a w 3 F 0 W z * am 4 I 1 I I I I I I 1 o V o 0)z Z 0 0 S'm o ..0 F o I zz w V o o N W Wo Wog mz Qom_ Z k WU w 3 P:\21133.00 Southpoint Builders-415 Seabee Ave\CAD\PERMIT-COUNTY\21133-COUNTY.dwg EXISTING CONDITIONS 2/15/2022 Q M - dn){oe8 3a8sluawnooa 6ui:poddng pue uoileoilddV `dmjoe8 s,lueoilddd - 3 IuawLl3BII r :Iuawyoe;;d � N z ti A„ Q w '., a z J �. �4 r w 0 cn Z_ O H LUa cn �JO aii(7 aw0 X air>aU' 0 13' — 37' J 16' I ? + J Y CD Lo U � Q m w 12.2' - cn 0 �- w w Lq Z a fn J � co �' a a 00 a am m o I 6 -� a - aw IL Z r � J in z o d 0 w �_ of w� z z O K N N � w = N 55� a Zz� a �zo..Xa ari � aN kDw,x aw= 6 p?.. W zp' w�0 *�VK3 aSw zj1 pUo Ww= NOS w�a 0O O Q O W Q Q K Z .0..W W a =' II 3 W O 3oaafao1Q Qmw 'i�ow�o3�??oWo �oQi�aZoo33woa ,Z 0— W=w�j a�(90 KOO ~O Z w U w Q > a � J U J � Q cl) W w w U) cl) J Z 2a2 0� w LL a. w0 am Z Q P� Xw w cn wo G7i W M A m LL W C6 w U) �-4 Ln z N a) 6 a a> tU m a P:\21133.00 Sou[hpoin[ Builders-415 Seabee Ave\CAD\PERMIT-COUNTY\21133-COUNTY.dwg PROPOSED DOCK 2/15/2022 d Q M - dnVee 3a8s;uawnooa 6ui:poddng pue uoi;eoilddd `dnMoee s,;ueoilddb- 3;uauayoe;;d :;uauayoe;; <Xe>� w v z H W N w000 z N w F- a LL <po0 U� o N W > W Q Q cn(L 0) LL Z 0 Z N z o Z m~ O O zz O � a w1 re w w W0Ndd'�� W w Uo m� Q I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I l N N U a u I I I I I I I I I I I I I 1w , P.\21133.00 Southooint Builders-415 Seabee Ave\CAD\PERMIT-COUNTY\21133-COUNTY.dwq SUBMERGED RESOURCE SURVEY 2/1512022 3.A.f Hearing Examiner — October 13, 2022 Agenda Item 3.E BDE-PL20210002320 Attachment D — Public Correspondence Collier County GIs Applicant/Petitioner — 415 Seabee Avenue Letters of Objection — 403 Seabee Avenue (L. deSoto) — 427 Seabee Ave (G. Dunn) — (S. Dunn) Packet Pg. 94 3.A.f From: LINDA DESOTO <linda.desoto@verizon.net> Sent: Friday, October 7, 2022 10:02 AM To: KellyJohn Cc: "Patrick D D White ESQ." Subject: Formal Complaint Letter for Boat Extension 415 Seabee 10/13/22 Attachments: Linda's Formal Objection Hearing Boat Dock on 101322-.docx EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Dear Mr. Kelly: I am sending you my formal complaint letter again. I've sent it several times but, I guess you aren't receiving it. Please confirm you are receiving it this time for the hearing. Thank you. Kindest Regards, Linda deSoto Email: LindadeSoto@me.com 310-753-5580 Packet Pg. 95 3.A.f Linda Jane deSoto BDS & Partners, LLC Owner 403 Seabee Avenue Naples, FL 34108 10/1 /22 RE: Public Hearing will be held on October 13, 9:OOAM 2800 Horse Shoe Drive, Naples Florida (Boat Dock Extension) Petition PL20210002320 Subject: Proposed 32' dock 415 Seabee Avenue, Naples, FL 34108 IIr.L`11111110T=- As a resident located at 403 Seabee Avenue, Naples, FL 34108, 1 reside directly next door to the west of the above captioned property. It has been brought to my attention that the owner of this home at 415 Seabee is requesting a variance from the normal allowed boat dock extensions. The variance he desires extends far into the canal which, will render it very difficult, if not impossible for me to park my own boat in my dock/boat lift. The request is for a 17-foot boat dock extension from the maximum permitted protrusion of 20 feet allowed by: Section 5.03.06 of the Collier County Land development Code for waterways greater than 100 feet in width, to allow a boat docking facility protruding a total of 37 feet into a waterway that is 213+- feet wide. The subject property is located at 415 Seabee Avenue and is further described as Lot 19, Bock Q, Conner's Vanderbilt Beach Estates Unit No. 2, in Section 29, Township 48 South, Range 25 East, Collier County Florida. (PL20210002320)(415 Seabee) shows a drawing where he appears to be adhering to the rules of the permitting process: 15' on either side, 50' in the center and 20' into the canal. This variance permit will allow him to have two boats. However, once you put two boats in this dock, it will protrude approximately 32' into the canal which, will impinge on my ability to access my dock. I currently have a valid permit for my dock and boat lift being built in November 2022 by Greg Orick Marine Construction. My Points of Rebuttal include but are not limited to: INABILITY TO PARK MY OWN BOAT: It is my understanding, that although his lift is 20' from the sea wall, when he puts a boat on the lift, he will be encroaching approximately 32' to 37'which, is why he's asking for the variance for the 24' dock extension rule. I have been advised by many experts that I will NOT be able to get into my own boat lift and slip. (See 403 & 415 Seabee Site and dock plants) below. Like most boat owners, I must enter my dock from the East side which, is already a very tight fit and not easy to navigate especially, with the winds and low tides. I have plans to reconstruct my dock taking place November 2022 which, will be at an angle to help ease the already difficult burden of parking. (See attached diagram). 2. PROPERTY VALUES WILL GO DOWN: This will dramatically affect the value of my property and the other neighbors. It will affect the enjoyment of owning a boat as I or future owners will not be able to park in the lift. The cost of my boat lift, dock and permit are approximately $35,000. (See Signed Orick Contract) If I or any other neighbors go to sell Packet Pg. 96 3.A.f their home with this dock allowed, it would be expected that the value of their property would certainly go down in value dramatically. 3. VIEW LINE AFFECTED -LAND USE CODES: My view line will be majorly affected with this current proposal which, is part of the land use codes prohibiting this type of encroachment. The beautiful views I planned on when purchasing my home will be affected negatively for sure. 4. NORMAL SAFE PARKING: I should state my intention that all residents should be required to stay within the norms of the others in the canal which is 20'-22' dock parking parallel. 5. PILING SUPPORT: 415 Seabee- Does Max Maffei's proposed boat lift have support from both sides to hold a 34' boat which he is proposing? There does not seem to be any pilings shown on the sketch. 6. DANGER: This proposed dock will be a dangerous hazard, especially at night. It will need to be lit up to prevent accidents since this dock protrudes more than the average boat dock in Conners. It will make it much more difficult to navigate. 24/7 night lighting will need to be installed to prevent accidents from boaters, paddle boarders who do not see his dock. 7. DOMINO EFFECT OF PROBLEMS FOR THE CANALS: I am also concerned about the domino effect this will have if he is allowed obtain this permit with this variance. If this passes, many other future boat owners will feel they can do it too. The canals will not be condusive to easy, safe boating. It could become a navigating nightmare and dangerous, especially at night. There will need to be lights on constantly, at night obviously, not good for sea -life either thus causing more problems. 8. NOT FAIR TO OTHERS: The other issue is, I do not know of any other docks, this size, protruding into the water. This is not fair to the other neighbors who are adhering to the rules Why should anyone be able to get this variance when the rest of the neighborhood is adhering to the rules which are proven to be the best answers for the canals for many years. 9. REDESIGN OF MY OWN DOCK: If this permit variance is allowed to go through, I will have to redesign my own dock in a similar fashion extending out too so I will be able to get a boat in my dock. I will be upsetting my neighbors which, I do not want to do. I enjoy having good relations with my neighbors. I have been advised by a marine consultant, that the way the dock is designed now at 415 Seabee, I will only be able to get certain types of boats in the dock which is unfair to me. He had this to say, "Linda, looking at the plans, either their plot line is incorrect, or part of your house is on his property. IF you are getting a twin engine BW Vantage 320, AND your neighbor keeps his outside boat as far back as in the drawings, there will be a minimum of 5 to 6 ft. of clearance when you make your approach to your lift. Easy for an experienced operator, and very easy if you are getting joystick control, or bow thruster. Yes, if he has a 31 ft. boat in the inside lift space, he cannot get it out without contact to your boat... according to the drawings. Yes, that is bad. On the other hand, if he has a smaller boat (26' to 28) he can do it. It would be wonderful if you could get him to eliminate 2 ft. off of the length of his floating dock. That would make it easier for him, and you!" If my neighbor does not park his boat correctly or buys a larger boat than indicated or a future owner does not comply with the size of the boat indicated he is putting on his docks, I, nor anyone who buys my home, will NOT BE ABLE TO PARK A BOAT. I will be in a position of redesigning my dock which costs more money, headache, time, etc. I might even have to sue him or a future owner because my dock will be obsolete. Either way, this is not a solution Packet Pg. 97 3.A.f for compromise. He is extending his dock far more than is needed so he can have two boats. I am asking for one boat dock like all the others in the neighborhood and the ability to buy whichever boat I wish. Why should I have to buy a special kind of boat so he can fit two boats in his dock. 10. PUBLIC ADVERTISEMENT: Due to the recent hurricane, the public advertisements were blown away, taken down or swept away by the sea due to the huge catastrophic, once in a lifetime hurricane. Therefore, not enough advertisement has been provided nor time to give the community of neighbors' time to respond with their rebuttals to this permit variance. It is being put through the system without ample feedback from all the neighbors who have an opinion due to not knowing about the hearing or having the ability to show up to the hearing because they are in complete survival mode. Some of these people on the canal have no home left at all. Here is what one of my neighbors had to say, "Looks good Linda. I won't be at the meeting too much upside down in our lives right now. We are homeless temporarily." Another neighbor, Mr. Gonnering across the canal on said, "My wife and I are exhausted. Myself, and Pat down the street, Bob and Ken across the canal have all lost our houses and have moved out. We all spoke at the first hearing last year. I am hoping we will be at the next meeting. We have lost everything. I do not have a plug for t computer to read your letter, no Wifi. We just moved in out apartment today. I hope to keep these canals beautiful, easy to navigate and safe I agree with Robert and Evelyn Kischman fellow neighbors, " If Collier Count allows one property owner to extend his dock, then others will follow suit causing a domino effect of problems for those who lose their views and may not be able to afford to extend docks built to be kept in code. For safety purposes and visual aesthetic purposes, this would be a mess." It is not fair to everyone else. It is very dangerous. And, once this dock is approved, other homeowners will request similar variances over and over. The canals will be more and more crowded not allowing the wider water ways we all paid extra for when we bought our homes. There will be no end to the devaluation of our beautiful homes we all bought thinking it would remain the same. I also agree with Mr. Gonnering across the canal from me, "If each other decided to extend their dock 24' on each side of the canal, it would make the wake area 44' less total. The waterway is already crowded with many boaters Kayak and paddle -boarders and wildlife such as dolphin and manatee. We would not only be disrupting our homes but, our endangered wildlife as well." In conclusion, overall, I am very concerned about canal esthetics, property value, boat launching, boat parking and docking safety. This is a detriment to everyone in this neighborhood. I along with many others will be devastated if you allow this to go through. Thank you for your consideration in this most important matter. Kindest Regards, Linda deSoto Email: LindadeSoto(a me.com 310-753-5580 403 Seabee, Naples -Owner Packet Pg. 98 3.A.f From: gregory dunn <gdunn5000@gmail.com> Sent: Wednesday, October 12, 2022 2:16 PM To: KellyJohn Subject: Proposed dock at 415 Seabee Ave. EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. John, I am writing to oppose the dock extension at 415 Seabee Ave. I live at 427 Seabee avenue, one house to the east. If approved this dock would virtually eliminate our view to the west. Every home in our area has been constructed to maximize the view, including the house at 415 Seabee. It has a pool deck, two levels of balconies and a rooftop deck with fire pit at 45 feet above the ground. Obviously the view is important to him. Our house is a ranch with the view from the pool deck and the dock. We don't have the option to go to the rooftop to see the sunset or enjoy all of the activity that happens on the canal. I am also concerned with our ability to get a boat into the dock on the west side. Thank you for your consideration, Greg Dunn Sent from my iPad Packet Pg. 99 3.A.f From: Sheri Dunn <art4walls@comcast.net> Sent: Wednesday, October 12, 2022 2:56 PM To: KellyJohn Subject: Proposed Exception for Oversized Dock at 415 Seabee Avenue EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Dear Mr. Kelly, My husband and I are the proud owners of the home directly east of the property currently under construction at 415 Seabee Avenue. Our home located at 427 Seabee Avenue is the dream home we have worked all our lives for. Hurricane Ian destroyed all the work that we put into the home since purchasing it almost 2 years ago. However, we are determined residents of Florida and this hurricane will not deter our resolve to rebuild our home and remain in Naples. I am writing you today to ask you to oppose the dock extension at 415 Seabee Avenue. If allowed to be built, the oversized dock will result in hazardous conditions for everyone in the area. Boaters, paddle boarders, kayakers, Seadoo owners, all will be at greater risk. We have grandchildren who kayak and paddle board in the area. Do you think the owner of 415 Seabee Avenue will be watching for kayakers and paddle boarders? Lastly, the view for all the property owners on both sides of the canal will be destroyed. And we are concerned about property values. There is a reason why the City set the maximum at 20 feet for a dock. Please uphold the standards set by the City of Naples. A concerned citizen and Naples property owner, Sheri Dunn Packet Pg. 100 3.A.g From: Nick Pearson <Nick@thanaples.com> Sent: Tuesday, December 20, 2022 2:19 PM To: KellyJohn Subject: Maffei BDE petition PL20210002320 at 415 Seabee Ave. Attachments: 21133-COUNTY FIXED-DOCK.pdf EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. John, In follow-up to our conversation a moment ago, below is a straight -forward list of the changes made to the previous dock plans for the Maffei's BIDE petition. The new plans (attached) are intended to be used for the Maffei's BDE petition moving forward. • The dock has been switched from a floating dock design to a fixed design. As a result, the gangway has been removed, since it is no longer needed. • The larger platform area of the dock, which connects to the seawall has changed shape slightly. The floating design had this area dimensioned at approximately 15'x19'. The new design will be approximately 11'x17' with a flared section leading onto the finger dock. • The provided side setback on the dock's west side has been increased from 15' to 22'. • The protrusion of the decking of the dock has been reduced to protruding 17' from the face of the seawall. Total protrusion proposed has remained the same, at a maximum of 32' from the face of the seawall. • The finger dock width has been reduced from 6' in width to 4' in width. • The outside lift was previously shown as an elevator lift (lift piles only on one side). This has been changed to a conventional 8-post lift. • The total overwater square footage previously proposed for the floating dock was approximately 505 square feet over water. The new fixed dock design will consist of approximately 331 square feet of over water structure. If you need anything else, give me a call at 239-643-0166 or email me direct at Nick@THAnaples.com. Best Regards, Nick Pearson Turrell, Hall & Associates, Inc. Marine & Environmental Consulting 3584 Exchange Avenue Naples, FL. 34104-3732 Phone: (239) 643-0166 Fax: (239) 643-6632 Email: Nicholas(@_THAnaples.com Web: www.turrell-associates.com THE INFORMATION CONTAINED IN THIS EMAIL IS INTENDED ONLY FORTH E USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, WORK PRODUCT AND/OR EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, Packet Pg. 101 DISTRIBUTION OR COPYING THE CONTENT OR ATTACHMENTS IS PROHIBITED. IF YOU HAVE RECEIVED THIS EMAIL IN ERROR, PLEASE NOTIFY US OR DELETE. 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W izi O=z P:\21133.00Southpoint Builders-415 Seabee Ave\CAD\PERMIT-COUNTY\ALTERNATE DESIGNS\21133-COUNTY FIXED.dwg WIDTH OF WATERWAY 12/19/2022 q M and aageoS 9�V 348 OZ£ZOOOLZOZld : 89£VZ) Sueld M00Q;eo8 paSiAab - =1 jUGWy0ejjv :;uauay0e in 1 w c� C /n X Q NO LL J d Q Q ry wa Qw Z = O7- U)W C/)w Z Z Ow Y Z� ww try 0 Q 2 Z � � Q (L (L 00 a a 2 U) z 0 E. o N _ Z 0 0 � z U ' w ul N -7 P:\21133.00 Southpoint Builders-415 Seabee Ave\CAD\PERMIT-COUNTY\ALTERNATE DESIGNS\21133-COUNTY FIXED.dwg NAVIGABILITY (2) 12/19/2022 t Q M _ aAd aageaS S6V 348 OZ£Z0006ZOZld 99UZ) Sueld MOOQ le08 paSiAGM - d;uauay0ej)v :jUeWLj0e�}d id LLOm O LO 04 N = �O w� - :` y ao r a O Q W �Q az d Y W 0 t-E 0 a m LLi o Q W a z a o W m 0 o Q LO c0 W -mw z ¢ w cn m Ln W u LL G ryC LL Q Q 4 LL Q L I U. U. L C V L LL G L C H LL OLz Z r T ED N a m �a a 00 a a ,2 N z o N � z U w N QC/) 0 W== m. 02 Ww= z o \ � J WQ LO N N CID W C,3 U M N W e o Cz: W o M U U R P:\21133.00 Southpoint Builders-415 Seabee Ave\CAD\PERMIT-COUNTY\ALTERNATE DESIGNS\21133-COUNTY FIXED.dwg NAVIGABILITY 12/19/2022 3.A.i From: KellyJohn Sent: Wednesday, January 18, 2023 6:55 PM To: KellyJohn Subject: BDE-PL20210002320 - 415 Seabee Ave - Public Hearing Sign Revised on 01/18/2023 Attachments: 88A8FA3F-B411-4EOB-8DD8-D5B727DCFE87.jpeg; 23FCD449-29AO-49FF- 9099-2 D F6399 E819C.j peg At approximately 12:45 P.M. this date, I personally revised the posted public hearing sign at the subject location to reflect the new hearing date of February 9, 2023, as evidenced by the attached photographs Respectfully, John Yeffy Planner II Zoning Division - Zoning Services Section 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.5719 Fax: 239.252.6363 Email: John.Kelly@colliercountvfl.gov TO us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning colfler county Growth Management Department Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Pg. 113 go -in ft. PUBLIC HEARING FOR 415 Seabee Ave BOAT DOCK EXTENSION _ To Allow a 32-fool Protrusion Petition No. PL20210002320 HEX: February 9, 2023 at 9 a.m. Growth Management Building — 2800 North Horseshoe Drive, 609/610 t ' John Kelly, Planner il: (239) 252-5719 -94 Ps 3.A.j BDE-PL20210002320 415 Seabee Avenue Attachment H — Additional Public Correspondence, received after first hearing on October 13, 2022 Collier County GIs Applicant/Petitioner — 415 Seabee Avenue Letters of Objection — 383 Seabee Avenue (T. Cranch) — 316 Conners Avenue (J. Landis) — 332 Conners Avenue (J. and S. Weekley) — 450 Conners Avenue (K. Grigsby) — 453 Conners Avenue (D. Cohen) Packet Pg. 115 3.A.j From: Tim Cranch <TimCranch@StepsToTheBeach.com> Sent: Wednesday, January 11, 2023 3:06 PM To: KellyJohn Subject: 415 Seabee Avenue - Proposed Dock EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Mr. Kelly, I am the homeowner at 383 Seabee Avenue and I am writing to you opposing the petition for the dock extension at 415 Seabee Avenue. 24206 : PETITION NO. BDE-PL20210002320 - 415 Seabee Ave - Reauest for a 12-foot boat dock extension from the maximum permitted protrusion of 20 feet allowed by Section 5.03.06 of the Collier County Land Development Code for waterways greater than 100 feet in width, to allow a boat docking facility protruding a total of 32 feet into a waterway that is 213± feet wide. The subject property is located at 415 Seabee Avenue and is further described as Lot 19, Block Q, Conner's Vanderbilt Beach Estates Unit No. 2, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Plannerl Commission District 2 Clearly, this proposed dock far exceeds the norm in our neighborhood and our objections include: 1.) A cascading or domino effect from one property to another. The proposed dock will make it very difficult, if not impossible, for the immediate neighbor to navigate on and off their lift and dock arrangement which has been built and customized at great expense for their particular boat. If the neighbors are forced, at their expense, to reconfigure their own dock then it passes down the line such that we will be forced to reconfigure ours and so on neighbor to neighbor. Aside from the difficulty to maneuver a boat under these circumstances, it would be a financial hardship to tear down our existing dock and build new just because someone else on the canal wants a certain boat or boats. 2.) Setting a very bad precedent. If approval is granted, then the flood gates open for everyone else to follow and our wide canal is now restricted, more difficult to navigate, more dangerous to navigate and open views are destroyed forever more. 3.) The views that the neighbors enjoy will be obstructed for the rest of time. Ourselves and our neighbors have purchased homes on this canal in this neighborhood because of the waterfront views and navigable waters. Protruding out into the canal is bad enough but add onto that a boat on a lift and then a canopy structure and you have a recipe for disaster that will never go away. The planners in Collier County have put guidelines and restrictions in place for good reason. We purchased our home on Seabee Avenue particularly for a wider and more open view. 4.) Property values will be impacted. If this proposal is approved, there will be a direct negative impact on property values. We have, as our existing neighbors have done, paid a premium to own homes on this canal. Because of one person with a desire for a certain boat or boats should decrease our property value? Packet Pg. 116 3.A.j As a neighbor being immediately effected, we strongly object to this proposed dock configuration. It opposes existing standards and the intentions of the county planners. Help to defeat this proposal. Please confirm receipt of this letter prior to the hearing. Thank you for your consideration, Tim Cranch (Homeowner at 383 Seabee Avenue) Tim Cranch, PA (239) 272-4848 www.SteDsToTheBeach.com .Julf reeze R EAL E STA T Packet Pg. 117 3.A.j From: Jennifer Landis <jkplandis@comcast.net> Sent: Monday, January 9, 2023 5:00 PM To: KellyJohn Subject: PL 20210002320 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good afternoon John and the rest of the committee for proposals and variances. I am once again writing a letter in my disapproval of a proposal for a dock variance in Vanderbilt Bay area. I live at 316 Conners Ave. on a large waterway canal looking across Seabee Avenue. The owner at 415 Seabee Ave. is proposing a 32 foot dock extension and I want to put by disapproval in writing. I cannot make the meeting this Thursday morning due to work. Everyone else along these waterways have utilized the standard dock lengths and sizes to our best utilization and I think this owner can as well. An extension out of ordinary into the water is not safe. Many people come in at night after the sunsets and we do not have many outside dock lights for navigation. Several people have put in floating docks to allow for more watersport vessels, and entertainment. I would like to offer the owner to find other possibilities as we all have. I currently have a 32 foot boat on a dock lift a 15 foot boat on a ramp, along with several kayaks and paddle boards and the standard dock is acceptable for my needs. Thank you for your consideration, and I hope you all vote no on this proposal. Jennifer Landis 316 Conners Ave Sent from my Whone Jennifer Landis Designs LLC 239-564-8275 Packet Pg. 118 3.A.j From: SANDRA WEEKLEY <mt72@aol.com> Sent: Thursday, December 29, 2022 10:01 AM To: KellyJohn Subject: Petition Number PL20210002320 Follow Up Flag: Follow up Flag Status: Flagged EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Dear Mr Kelly, Our home is located at 332 Conners Ave just across the canal and a few houses down from the proposed dock extension at 415 Seabee Ave. We are vehemently opposed to allowing this variance PL 20210002320. As we feared in September, this is the second request in less than 4 months that we have received for dock extensions within near proximity of our home! The rules exist to make the best use of the canal for everyone. If this or any additional variance is allowed, all other residents will surely look to expand their docks as well. The residents on Conners and Seabee Avenues have home values that are based on beautiful views of open water which would be compromised by this 32 ft protrusion. As others expand, our canal will soon look like a marina instead of open water! Everyone will be dodging docks and enormous boats instead of enjoying dolphins and fishing off our docks. Thanks for including our "No" vote to this proposed extension. John and Sandra Weekley Sent from my iPad Packet Pg. 119 3.A.j From: Kristi Grigsby <grigsbykristi@gmail.com> Sent: Monday, January 9, 2023 7:35 PM To: KellyJohn Subject: Proposed Variance PL 20210002320 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Dear Mr. Kelly and fellow committee members: RE: Variance Number PL 20210002320; 415 Seabee Avenue Thank you for the opportunity to voice opposition to the proposed variance at 415 Seabee Avenue, currently under review for a 32 foot dock extension. Work schedules prevent me from attending the meeting but please do not mistake my absence for a lack of interest. I urge the committee to vote no and protect our waterways from excessive and unnecessary extensions. As a nearly 20-year resident of the Conners neighborhood, my home at 450 Conners Avenue is located across the canal from this property. There is no question that our current regulations (including allowable dock sizes) are plenty sufficient for all to enjoy the beautiful waterways in our area, without impeding on the openness for all to enjoy. I do not support this proposed variance, nor setting precedence for the many variance requests that will inevitably follow. This is particularly important at this crucial point in time when many will be watching this decision and hoping that a door is opened for their rebuilding plans following Hurricane Ian. Please say no to this variance request. Thank you for including my objection in the decision -making process. Kristi Grigsby 450 Conners Avenue grigsbvkristi@gmail.com Packet Pg. 120 3.A.j From: David Cohen <david@davidreohen.com> Sent: Tuesday, January 10, 2023 8:36 AM To: KellyJohn Subject: Proposed Variance PL 20210002320 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Dear Mr. Kelly: Greetings, I hope this finds you doing well. I write regarding the proposed variance at 415 Seabee Avenue, seeking a dock extension. I live at 453 Conners Avenue, which is one street away. I am a lifetime boater. I just built a dock myself last year and I go boating regularly in my canal and also the Seabee canal and other nearby canals. The canals here are not roomy and are especially tricky to navigate during low tide in windy conditions. Current dock -size regulations work well to balance canal space and allow for adequate boat maneuvering while also supplying adequate dockage. Allowing this larger dock will hurt this balance, especially because it will set a bad precedent -- others will surely seek variances as well. Accordingly, I strongly urge you and the committee not to allow this variance. Thank you for considering my views. Sincerely, David Cohen, Esq. 453 Conners Ave. Naples FL 34108 www.Special Master. law Packet Pg. 121 3.B 02/09/2023 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.13 Doc ID: 24365 Item Summary: * * * This item was continued to the January 12, 2023, HEX Meeting and further Continued to the February 9, 2023 HEX Meeting*** PETITION NO. BD-PL20220002146 - Request for a 35-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width to allow a boat docking facility that will protrude a total of 55 feet into a waterway that is 338f feet wide, pursuant to Section 5.03.06 of the Land Development Code, for the benefit of property located at 167 Sunset Cay, also described as Lot 84, Port of the Islands (The Cays) Phase II, in Section 9, Township 52 South, Range 28 East, Collier County, Florida. [Coordinator: John Kelly, Planner II] Commission District 1 Meeting Date: 02/09/2023 Prepared by: Title: Operations Analyst — Planning Commission Name: Diane Lynch 02/01/2023 2:47 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 02/01/2023 2:47 PM Approved By: Review: Growth Management Operations & Regulatory Management Diane Lynch Review Item Skipped 01/11/2023 3:35 PM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Skipped 01/11/2023 3:35 PM Zoning Diane Lynch Review Item Skipped 01/11/2023 3:35 PM Zoning Diane Lynch Review Item Skipped 01/11/2023 3:35 PM Zoning Diane Lynch Division Director Skipped 01/11/2023 3:35 PM Zoning Diane Lynch Review Item Skipped 01/30/2023 3:47 PM Hearing Examiner Andrew Dickman Meeting Pending 02/09/2023 9:00 AM Packet Pg. 122 3.B.a Co ffier County moo STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JANUARY 12, 2023 SUBJECT: BDE-PL20220002146, 167 SUNSET CAY — HUTCHINS DOCK PROPERTY OWNER/APPLICANT: Robert Brauch and Judith Ann Hutchins 9264 Shadow Oak Ln. Naples, FL 34120 REQUESTED ACTION: AGENT: Jeff Rogers Turrell, Hall & Associates, Inc. 3584 Exchange Ave. Naples, FL 34104 The petitioner requests a 35-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, to allow construction of a boat docking facility protruding a total of 55 feet into a waterway that is 338± feet wide, pursuant to LDC Section 5.03.06. GEOGRAPHIC LOCATION: The subject property is located at 167 Sunset Cay, further described as Lot 84, Port of the Islands (The Cays) Phase II, in Section 9, Township 52 South, Range 28 East. Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject property is located within a Single-Family-4 (RSF-4) Zoning District, comprises 0.35 acres with 149± feet of water frontage, and supports a new one-story single-family dwelling. It is the desire of the petitioner to construct a boat docking facility that will protrude 55 feet from the MHWL/Property Line into a waterway that is 338::L feet wide; said dock comprises an 8-foot finger pier with a slip on each side and a 14-foot by 14-foot platform for the storage of recreational equipment (kayaks and paddleboards). Each slip will have a boatlift, the eastern to accommodate a 50-foot vessel and the western for a 30-foot vessel. The required 15-foot side/riparian setbacks for boat docks on lots with 60 feet or greater of water frontage will be satisfied on both sides. BDE-PL20220002146 — 167 Sunset Cay Page 1 of 7 December 20, 2022 Packet Pg. 123 m M (i{oo(3 suiyolnH - Aeo;asunS M aeW MOOZZOZ-1d : 99EbZ) ZZOZOZZ4 podeM }}e;S :;uewLjoejjy ' LL Q kL moLq C. �+Sil r Z W � G J } } AVa, Y r f Q ur+ .MAC x —. Ui o] BDE-PL20220002146 — 167 Sunset Cay December 20, 2022 CL cc 2 0 C,} J Page 2 of 7 It N i� a Y V M a 3.B.a SURROUNDING LAND USE & ZONING: North: Faka Union Canal (waterway) then improved multi -family development; Residential Multi-Family-16 (RMF-16) District East: Single-family dwelling; Residential-Single-Family-4 (RSF-4) Zoning District South: Sunset Cay (Right -of -Way) then a single-family dwelling; Residential-Single- Family-4 (RSF-4) Zoning District West: Single-family dwelling; Residential-Single-Family-4 (RSF-4) Zoning District Aerial — Collier County GIS BDE-PL20220002146 — 167 Sunset Cay December 20, 2022 Page 3 of 7 Packet Pg. 125 3.B.a ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request. 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. The site plan Exhibit sheet 8 of 10 provides an aerial with a note stating that no seagrasses were observed within 200 feet. This project does not require an Environmental Advisory Council (EAC) review, because this project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. STAFF ANALYSIS: In accordance with LDC Section 5.03.06.H., the Collier County Hearing Examiner shall approve, approve with conditions, or deny a dock facility extension request based on certain criteria. In order for the Hearing Examiner to approve this request, at least four of the five primary criteria and four of the six secondary criteria must be met: Primary Criteria: 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Criterion met. The subject property is located within an RSF-4 Zoning District and supports a single-family dwelling for which the LDC and Manatee Protection Plan allows two boat slips. The proposed boat docking facility comprises a boat docking facility with two slips, each with a boat lift, one for a 50-foot vessel and the other 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.) Criteria met. The applicant's agent states: "The boat dock extension is necessary to accommodate the owners' vessels and due to rip -rap shoreline the proposed dock cannot come any closer to the shoreline. A more shore parallel dock design would not work due to the rip -rap and would then also require the vessels to cross over into the adjacent property owners' riparian area. The reason for this BDE request was due to both shallow water BDE-PL20220002146 — 167 Sunset Cay December 20, 2022 Page 4 of 7 Packet Pg. 126 3.B.a depths along the shoreline as well as the vessel size." As based upon the provided cross- section and provided Special Purpose Survey depicting water levels, staff concurs. 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Criterion met. There are no marked channels within this area and the width of the waterway is approximately 338 feet, MHWL to MHWL; as proposed, navigation within the subject waterway will not be impacted. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion met. The approximate waterway width is 338 feet. The proposed dock protrusion is 58 feet from the MHWL/Property Line. Therefore, the dock facility will occupy approximately 17.16 percent 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 not met. The applicant contends this criterion has been satisfied; however, staff disagrees. The applicant's agent states: "The proposed docking facility is consistent with the outlined designed criteria within the Collier County Manatee Protection Plan for single- family docks with shorelines greater than 100 feet. The proposed dock design is also consistent with other previously approved adjacent docks within the subject waterway as well 156 Venus Cay and 159 Windward Cay. As proposed with a finger dock design and the two slips being perpendicular to the shoreline the dock will be within the allowed buildable area by providing the required setbacks and therefore the views into the subject waterway by the adjacent property owners will not be impacted nor their access to their docks." Zoning Staff did question the shore perpendicular design of the dock as well as its placement. In response, the applicant's agent provided and evaluated three additional designs, two being shore parallel and the third at a 45-degree angle to the shore. The applicant's agent asserts the shore perpendicular design is preferable as it avoids crossing over the riparian lines of others, minimizes the over -water square footage, and is within the 25 percent of waterway limitation. Staff would be more favorable to the alternative designs and even their preferred design if situated further west along the subject shoreline; however, as proposed, staff finds the proposed design and location could negatively impact the ability of the neighboring property to the east from accessing the westernmost slip of their dock from the west. BDE-PL20220002146 — 167 Sunset Cay December 20, 2022 Page 5 of 7 Packet Pg. 127 3.B.a 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 the type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Criterion met. The applicant's agent states: "The subject property shoreline consists of a natural riprap shoreline along the entire 149 linear feet. Due to the riprap, the proposed dock design has the larger boatlift and the associated vessel as close to the base of the riprap as possible to prevent the vessel from potentially striking the riprap (rocks) and minimizing the overall protrusion as much as possible with a perpendicular dock layout. Additionally, the property line is landward of the mean high-water line therefore the overall protrusion measurement is taken from a point on the property that is not over water. Due to these existing on -site conditions as well as avoiding ingress/egressing the dock/slip over the adjacent property owners' riparian area the best dock layout is being proposed. Additionally, the width of waterway and the fact the entire waterway is open for navigation allows for a dock to protrude out which is consistent with ours previously approved within the subject canals." Zoning Staff offers that the plat for subdivision in which this property is located, Port of the Islands (The Cays) Phase II (PB21, PG 1-4) depicts a 20-foot drainage easement (D.E.) running along the shoreline of all canal lots; see dedication and Detail of Easements for Each Lot on applicable pages. The shoreline is reinforced by a rip -rap revetment and the rip -rap occupies the waterfront half of the easement, a swale at the top of the rip -rap occupies the remainder. Provided drawings demonstrate the D.E. is spanned and not blocked by the proposed 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 excessive deck area.) Criterion met. The applicant's agent states: "The proposed docking facility design will provide sufficient deck area to allow for access to both boatlifts [SIC] and the associated vessels. There is also sufficient deck area for routine maintenance, safe access as well as recreational activities like fishing plus storage of kayaks or paddleboards. The total over - water square footage is 635 square feet. The adjacent docking facility and numerous others as shown on the BDE exhibits and other associated documents/images indicate that those docks have considerable amount [SIC] decking compared to the proposed dock. Additionally, as a note based on the code, the applicant could construct a dock that stretched across the entire property from setback to setback being approximately 119 feet long [SIC] 20 feet out from the platted property. In my opinion, a design like that would result in a significant [SIC] amount of more decking area compared to what is being proposed. This would be more impactful to the environment by creating a much larger shaded area of bottomlands and provide area that would be excessive compared to what is being proposed." BDE-PL20220002146 — 167 Sunset Cay December 20, 2022 Page 6 of 7 Packet Pg. 128 3.B.a Zoning staff is of the opinion that, given the finger type dock is limited to 8 feet in width, an intermediate platform measuring 14 feet by 14 feet is not excessive being that it can be used to provide safe space for routine maintenance, safe access, and the outdoor storage of kayaks and paddleboards. 3. For single-family dock facilities, whether the length of the vessel or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Criterion not met. The proposed boat docking facility has been designed to allow for the mooring of two vessels, one being 30 and the other 50 feet in length. The subject property has approximately 149 feet of water frontage. The combined vessel length of 80 feet exceeds the 50 percent threshold as it equates to approximately 53.69 percent of the waterfront footage. 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: "As proposed the dock has been designed within the designated setbacks and is consistent with other previously approve [SIC] BDE boat docks being perpendicular to the shoreline in order [SIC] remain within the riparian area. The adjacent property to our east has a docking facility that is parallel to the shoreline but within the required side yard setback. There are no impacts to either adjacent property owner as their view is within their riparian lines extending from the shoreline out to the middle of the subject waterway." To evaluate this criterion, Zoning staff must be mindful that both the applicant and their neighbors have rights that must be applied equally and fairly. It is staff s understanding that a waterfront property owner has the right to an unobscured view within their own riparian area; however, rights to a view outside of said riparian area are limited to the extent that a neighbor should not have their rights to full use of their waterfront property (to include docks) infringed upon. In this case, the applicant has substantially exceeded side setback requirements on both sides of the proposed facility and there is no impact on the views of neighboring properties within their respective riparian areas. 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. BDE-PL20220002146 — 167 Sunset Cay December 20, 2022 Page 7 of 7 Packet Pg. 129 3.B.a 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) Criterion met. The applicant's agent states, in part: "As outlined in the MPP Section 3.2.3.4 the subject property meets the standards to have two boat slips and the proposed dock does not need to be shore parallel/marginal which is a requirement for commercially zoned properties. Based on this the proposed dock is consistent with the MPP requirements as there are no impacts to seagrasses and we have water depths greater than 4' MLW." Staff notes the subject property is located within Port of the Islands for which the MPP is applicable and concurs with the applicant's findings. Staff analysis finds this request complies with four of the five primary criteria and five of the six secondary criteria. As of the time this staff report was drafted, no public objections or other correspondence had been received. CONCURRENT LAND USE APPLICATIONS: There are no known concurrent land use petitions. 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. 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. RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner approve Petition BDE-PL20220002146 in accordance with the Proposed Dock Plans provided within Attachment A. Attachments: A. Proposed Dock Plans B. Map of Boundary Survey C. Port of the Islands (The Cays) Phase II Plat, PB 21, PG 1-4 D. Public Hearing Sign Posting E. 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PLEASE CONFIRM THE n ti DOCUMENTS ARE IN THE ORDER DESCRIBED IN "BACKUP PROVIDED BY APPLICANT." Planner responsible for providing the County Attorney -drafted Ordinance for PUDs and placing in backup materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT - STAFF PROVIDES THIS TO THE COUNTY ATTORNEY N WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM c 0 AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE N 0 STAFF REPORT] J a LO B. Backup provided by Applicant: N PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO PROVIDE DUPLICATES OF ANY N DOCUMENTS. PROVIDE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. IF THE BACKUP PROVIDED BY APPLICANT IS IN DISARRAY -MEANING IT IS NOT IN THE PROPER ORDER AND/OR THE E APPLICANT PROVIDES MULTIPLE DUPLICATES -THE APPLICANT COULD LOSE ITS HEARING DATE. o Application, to include but not limited to the following: ✓ Narrative of .request _✓ Property Information "" Property Ownership Disclosure Form ✓ Any other documents required by the specific petition type; such as a variance, a boat dock extension; PUD amendment, rezone request, etc. Disclosure of Property Ownership Interest (if there is additional documentation aside from disclosure form) Affidavit of Unified Control ip! t140 s.i 2*T1 vri _V " Affidavit of-Reff�esenn-- Drawings (may include Cross -Section (for BDEs generally), proposed Boat Dock(s) with Water depth, location maps etc.) NIM Information (S-ign in slheet, notes, minutes and transcript/or summary) r` Include 3 thumbnail drives of video and/or audio Traffic Impact Study (TIS) Environmental Data Historical/Archeological Survey or Waiver _ Utility Letter 44 ✓ Deviation Justifications f441 s''01 #40!r� �w. 4 Revised5/18/2018 Provide to Agents G.\CDESManning services\Current\ZoningStaff lnformation\lobAides orIlelpGuides Packet Pg. 146 3.B.e Boundary Survey Other documents, as needed, on a case -by -case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any "private or legal" agreements affecting the PUD etc. U Submerged Resource Surveys may be included here if required. c 3 flash drive with only one pdf file for all documents R�co r` r m I understand that by submitting the above materials, it is the agent's/applicant's responsibility to ensure all materials are in the same m order for sh drive must contain the documents in one pdf file. It is the agent's responsibility to ensure no documentation is left out. r N 0 CD ignat re of Age Representative Jdate N 0 N J 6 a Printed Name of 5ilgning Agent Representative LO M N Revised5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff InformationNjob Aides or Help Guides Packet Pg. 147 3.B.e CCocr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch. 3 B. of the Administrative Code THIS PETITION IS FOR (check one): ij DOCK EXTENSION F] BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION Name of Property Owner(s): Robert and Judith Hutchins Name of Applicant if different than owner: Address: 9264 Shadow Oak Ln Naples . Telephone: City. Cell: 952-201-9372 E-Mail Address: Jackson246248@gmail.com Name of Agent(s): Jeff Rogers Firm: Turrell, Hall & Associates, Inc. State: FL Fax: ZIP: 34120 Address: 3584 Exchange Ave City: Naples State: FL ZIP: 34104 Telephone.. Cel1:239-784-0081 Fax:239-643-6632 E-Mail Address: Jeff@thanaples.com PROPERTY LOCATION Section/Township/Range:9/52S /28E Property I.D. Number: 68300003668 Subdivision: 571300 - PORT OF THE ISLANDS (THE CAPS) PHASE II Unit: Lot: 84 Block: Address/ General Location of Subject Property: 167 Sunset Cay, Naples, FL 34114 Current Zoning and Land use of Subject Property: RSF-4 Vacant Residential Single-family May 8, 2018 Page 1 of 6 Packet Pg. 148 3.B.e Cotit er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ADJACENT ZONING AND LAND USE Zoning Land Use N RSF-4 Faka Union Canal S RSF-4 Sunset Cay E RSF-4 Residential Single Family W RSF-4 Residential Single Family DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): See attached SITE INFORMATION 1. Waterway Width: 338 ft. Measurement from F� plat 7 survey ® visual estimate i)q other (specify) GIs 2. Total Property Water Frontage: 149 ft. 3. Setbacks: Provided: 26 and 82 ft. Required: 15&15 ft. 4. Total Protrusion of Proposed Facility into Water: 5s ft. 5. Number and Length of Vessels to use Facility: 1. 30 ft. 2. 50 ft. 6. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: There are numerous other properties within the subject waterway that have approved BDE's varying in overall protrusions ranging from 30-50 feet. 7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? 0.35 Acres May 8, 2018 Page 2 of 6 Packet Pg. 149 3.B.e Coer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 8. Official Interpretations or Zoning Verifications: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes A No If yes, please provide copies. PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) May 8, 2018 Page 3 of 6 Packet Pg. 150 3.B.e CAr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 1 must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) May 8, 2018 Page 4 of 6 Packet Pg. 151 3.B.e CO er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: n Dock Extension ❑ Boathouse 0 Chapter 3 B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 Z ❑ Property Ownership Disclosure Form 1 Signed and Sealed Survey 1 Chart of Site Waterway 1 ❑ ❑ Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip -rap revetment); • Configuration, location, and dimensions of existing and proposed facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. Affidavit of Authorization, signed and notarized 1 ❑ Completed Addressing Checklist 1 ❑ Electronic copy of all required documents *Please be advised: The Office of the Hearing Examiner requires all 1 ❑ materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. Please contact the project manager to confirm the number of additional copies required. May 8, 2018 Page 5 of 6 Packet Pg. 152 3.B.e Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑Bayshore/Gateway Triangle Redevelopment: Executive Director ® Historical Review ❑ Addressing: Annis Moxam ❑ Parks and Recreation: David Berra ❑ City of Naples: Robin Singer, Planning Director ❑ School District (Residential Components): Amy Lockheart I ❑ Conservancy of SWFL: Nichole Johnson ❑ Other: ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ Other: FEE REQUIREMENTS: Boat Dock Extension Petition: $1,500.00 C Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 - "/L , 'f- "-- S na r of Petit er or Agent May 8, 2018 D to ' /7Z- Page 6 of 6 Packet Pg. 153 GoTer County 3.B.e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercountyfl.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Pre -Application Meeting Notes Petition Type: BDE Date and Time: Tuesday 5/3/22 at 1 : 30 PM Assigned Planner: John Kelly Engineering Manager (for PPL's and FP's): Project Information Project Name: Hutchins - 167 Sunset Cay (BDE) PL#: 20220002146 PropertylD#: 68300003668 Current Zoning: RSF - 4 Project Address: 167 Sunset Cay City: Naples State: FL Zip: 34114 Applicant: Jeff Rogers - Turrell Hall& Associates, Inc. Agent Name: Jeff Rogers Phone: 2397643-0166 Agent/Firm Address: 3584 Exchange Ave. City: Naples State: FL Zip: 34104 Property Owner: Robert Hutchins & Judith Ann Hutchins-Brauch Please provide the following, if applicable: i. Total Acreage: .35 ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 1/12/2021 Page 1 1 of 5 c� U m y C Cn 0 m v N 0 0 0 N N 0 N J a LO M N Packet Pg. 154 3.B.e GMer COunt y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note — link is https://www.colliercountyfl.gov/Home/ShowDocument?id=75093 Zoe✓/�v� — �✓iyi �i✓yi�.��i �✓�iac `� i9.m Cry .sr cS1sPs If Site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddleton(c0aplesgov.com Allyson Holland AMHolland(cDnaplesgov.com Robin Singer RSinger(d-)naplesgoy.com Erica Martin emartin(cD_naplesgov.com Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 1/12/2021 Page 1 2 of 5 Packet Pg. 155 Pre -Application Meeting Notes GMD - Zoning Services Planner: John Kelly (239)252-5719 John. kel ly(a,colliercountyfl.go_v Boat Dock Extension • Complete.the required application; respond to each question and sign • Refer to the Final Submittal Requirement Checklist and provide/submit required documents o All submitted plans must be legible when duplicated on 8.5" X 11" standard paper o The final recording of documents is in black & white; minimize the use of color • Provide a Boundary Survey to demonstrate lot dimensions, water frontage, and riparian lines as well as the principal use of the subject property • Either as part of the application, or on a separate sheet, provide a detailed Narrative Statement fully describing the project and what is being requested • On a sheet separate from the application, please provide persuasive and convincing responses to each of the Primary and Secondary Criteria contained within LDC Section 5.03.06.H o state if each criterion has been satisfied or not satisfied o provide sufficient evidence to support any claims such as insufficient water depth, unique characteristics of the property or waterfront, width of waterway and/or canal • Site Plans o Site Plans should be measured in feet o Note that the dock facility includes any docked vessel(s); show vessel(s) on plan o Demonstrate width of property and/or the total property water frontage o Demonstrate side and/or riparian setbacks for the dock facility o Demonstrate amount of dock protrusion using such points of measure as are contained within LDC Section 5.03.06.C.1, Measurement of Dock Protrusion. Note that dock facilities should be minimized to allow reasonable, safe access to the vessel(s) for loading, unloading, and routine maintenance without the use of excessive deck area Boathouse • See above for general information • On a sheet separate from the applic on, please provide persuasive and convincing responses to each of the Boathouse Criter=een ained within LDC Section 5.03.06.F o state if each criter' satisfied or not satisfied o provide suffic' nt evidence to support any claims such as insufficient water depth, unique character' ics of the property or waterfront, width of waterway and/or canal • Site Plans o monstrate setback requirements from property and riparian lines, demonstrate the separation from other structures on the site, Demonstrate height of boathouse and type of roof; note that the roof alone may overhang up to 3 feet into the waterway beyond the maximum protrusion and/or setback (plans must show the amount of roof overhang) Packet Pg. 156 Co*.r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Meeting Notes h.r,ti G OAS — ;�' T-71 -ihc, Ceti, 7Z4 % 170'e- YS OC�r c ry f co c-ac.`C C'�Lv4 c L (J�ICi�,R k'u ; k Other required documentation for submittal (not listed on application): Disclaimer., Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 1/12/2021 Page 1 3 of 5 Packet Pg. 157 Cover County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL# 20220002146 Collier County Contact Information: 3.B.e Name Review Discipline Phone Email ❑ Maggie Acevedo North Collier Fire 252-2309 macevedo@northcollierfire.com ❑ Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov ❑ Shar A.Beddow MSM/Deputy Fire Marshal - Greater Naples Fire 241-1422 sbeddow@gnfire.org Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov ❑ Laurie Beard PUD Monitoring 252-5782 laurie.beard@colliercountyfl.gov Craig Brown Environmental Specialist 252-2548 craig.brown @colliercountyfLgov ❑ Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov Thomas Clarke Zoning Operations Analyst 252-2584 thomas.clarke@colliercountyfl.gov ❑ Jamie Cook Development Review Director 252-6290 Jaime.cook@colliercountyfl.gov ❑ Gabriela Castro Zoning Principal Planner 252-4211 gabriela.castro@colliercountyfl.gov ❑ Maggie DeMeo North Collier Fire 252-2308 pdemeo@northcollierfire.com ❑ Eric Fey, P.E. Utility Planning 252-1037 eric.fey@colliercountyfl.gov ❑ Tim Finn, AICP Zoning Principal Planner 252-4312 timothy.finn @coiliercountyfLgov ❑ Sue Faulkner GMP - Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov ❑ Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov ❑ Cormac Giblin, AICP Development Review -Planning Manager 252-5095 Cormac.giblin@colliercountyfl.gov ❑ Nancy Gundlach, AICP Zoning Principal Planner 252-2484 nancy.gundlach@colliercountyfl.gov ❑ Rachel Hansen GMP —Comprehensive Planning 252-1142 Rachel. hansen@colliercountyfLgov Richard Henderlong Zoning Principal Planner 252-2464 richard.henderlong@colliercountyfl.gov John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov ❑ Anita Jenkins Planning & Zoning Director 252-5095 Anita.jenkins@colliercountyfl.gov John Kelly Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov 11 Parker Klopf GMP — Comprehensive Planning 252-2471 Parker.klopf@colliercountyfl.gov ❑ Troy Komarowski North Collier Fire 252-2521 tkomarowski@northcollierfire.com ❑ Sean Lintz North Collier Fire 597-9227 slintz@northcollierfire.com ❑ Diane Lynch Operations Analyst 252-8243 1 diane.lynch @colIiercountyfLgov ❑ Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfl.gov Ll Jack McKenna, P.E. Engineering Services 252-2911 jack. mckenna@colliercountyfLgov Updated 1/12/2021 Page 1 4 of 5 Packet Pg. 158 Cows County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 ❑ Matt McLean, P.E. Division Director - IF, CPP & PM 252-8279 matthew.mclean@colliercountyfl.gov ❑ Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov ❑ Richard Orth Stormwater Planning 252-5092 richard.orth@colliercountyfl.gov ❑ jeric Ortman Zoning Principal Planner 252-1032 Eric.Ortman@colliercountyfl.gov Derek Perry Assistant County Attorney 252-8066 Derek. perry@colliercountyfLgov ❑ Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfl.gov ❑ Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com ❑ Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblum@colliercountyfl.gov ❑ James Sabo, AICP GMP, Comp Planning Manager 252-2708 james.sabo@colliercountyfl.gov ❑ Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corby.schmidt@colliercountyfl.gov ❑ Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov ❑ Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov ❑ Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov ❑ Connie Thomas Client Services Supervisor 252-6369 Consuela.thomas@colliercountyfl.gov ❑ Jessica Velasco Client Services 252-2584 jessica.velasco@colliercountyfl.gov ❑ Jon Walsh, P.E. Building Review 252-2962 jonathan.walsh@colliercountyfl.gov ❑ Kirsten Wilkie Environmental Review Manager 252-5518 kirsten.wilkie@colliercountyfl.gov ❑ Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov ❑ Daniel Zunzunegui North Collier Fire 252-2310 Dan iel.Zunzunegui@colIiercountyfLgov Additional Attendee Contact Information: Name Representing Phone Email eF` Updated 1/12/2021 Page 1 5 of 5 Packet Pg. 159 3.B.e Collier County Growth Management Department Zoning Division Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20220002146 — Hutchins — 167 Sunset Cay (BDE) Planner: John Kelly Assigned Ops Staff: Thomas Clarke STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request: Jeff Rogers —Turrell, Hall & Associates, Inc. • Agent to list for PL# Jeff Rogers—Turrell, Hall & Associates, Inc. • Owner of property (all owners for all parcels) Robert Hutchins & Judith Ann Hutchins-Brauch • Confirm Purpose of Pre-App: (Rezone, etc.) Boat Dock Extension(BDE) • Please list the density request of the project if applicable and number of homes/units/offices/docks: N/A • Details about Project: Requesting a Boat Dock Extension for 167 Sunset Cay. REQUIRED Supplemental Information provided by: Name: Jeff Rogers Title: Email: jeff@thanaples.com Phone: 239-643-0166 Cancellation/Reschedule Requests: Contact Connie Thomas -Client Services Supervisor Consuela.Thomas@colliercountyfl.gov Phone:239-252-2473 Created April 5, 2017 Location: G:\CDES Planning Services\Current\Zoning Staff Information } U w 0) 0 m v r N O O 0 N N O N J a LO tD M N ZoNng DNision • 2800 North Horseshoe Drive • Naples, FbWa 34104.239-252-2400 • wnwu.colliergov.net Packet Pg. 160 Co e' r County 3.B.e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the is c cI�cIlLac UI JUlll IIILCICJL: I Name and Address I % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the ercentage of stock owned by each: I Name and Address I % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the CI k C:I I Lc1V,C U I I I I LCI CAL. I Name and Address I % of Ownership Created 9/28/2017 Page 1 of 3 Packet Pg. 161 Codier County 3.B.e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 0 e f 0 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the g C1 MI dd11U/U1 III III LCU LJdr Ll ler s: Name and Address % of Ownership 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 [! '1111.c1 J, JUJL.IV 1UIUU[ s, Uene11L 1dl les, Ur Pdr Lller s: Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or of ilutl1 ), 11 d L,U1yU1dL1U11, ydRnersnlp, ur UmL: Name and Address Date subject property acquired ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 U a c Cn ti 0 m to v r N O O O N N O N J a 1O tD M N Packet Pg. 162 Co*r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Date of option: Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Agent/Owner Name (please print) Created 9/28/2017 Date Page 3 of 3 Packet Pg. 163 3.B.e Cottier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: ❑ Dock Extension ❑ Boathouse Chapter 3 B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 ® ❑ Property Ownership Disclosure Form 1 Signed and Sealed Survey 1 Chart of Site Waterway 1 Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip -rap revetment); • Configuration, location, and dimensions of existing and proposed 1 ❑ facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. Affidavit of Authorization, signed and notarized 1 ® ❑ Completed Addressing Checklist 1 ® ❑ Electronic copy of all required documents *Please be advised: The Office of the Hearing Examiner requires all 1 El materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. May 8, 2018 Page S of 6 Packet Pg. 164 Co*r County 3.B.e COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-63S8 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑Bays ho re/G ateway Triangle Redevelopment: Executive Director ❑ Historical Review ❑ Addressing: Annis Moxam Parks and Recreation: David Berra El City of Naples: Robin Singer, Planning Director El School District (Residential Components): Amy School ❑ Conservancy of SWFL: Nichole Johnson ❑ Other: ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ I Other: FEE REQUIREMENTS. ��1,a,i� I �� ��i �+•�� . �� - �! Boat Dock Extension Petition: $1,500.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Signature of Petitioner or Agent Date May 8, 2018 Page 6 of 6 Packet Pg. 165 3.B.e co'LLier c01.1.ty Growth Management Department 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) ❑ SDP (Site Development Plan) ✓❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use Permit) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIN (Insubstantial Change to SIP) ❑ FP (Final Plat) ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) PORT OF THE ISLANDS (THE CAYS) PHASE II LOT 84 T52, R28, SO9 FOLIO (Property ID) Number(s) of above (attach to, or associate with, legal description if more than one) 68300003668 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 167 Sunset Cay, Naples, FL 34114 • 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) Page 1 of 2 U a� N c co ti m r m W v N O O O N N O N J IL un m M N Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.coll iercountyfl.gov Packet Pg. 166 3.B.e Collier County Growth Management Department Project or development names proposed for, or already appearing in, condominium documents (if application, indicate whether proposed or existing) Please Return Approved Checklist By: DEmail ❑Personally picked up Applicant Name: Robert and Judith Hutchins/ Jeff Rogers(agent) Phone: (239) 643-0166 Email: tuna(@thanaoles.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number Folio Number Folio Number Folio Number Folio Number Folio Number 68300003668 Approved by: O�- : Date: 2/24/2022 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR A NEW FORM SUBMITTED. Addressing Checklist (Rev 12/2021) Page 2 of 2 U a� c co ti m r m W v N 0 0 0 N N 0 N J IL un m M N Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.coll iercountyfl.gov Packet Pg. 167 Ca eT C WHty 3.B.e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX. (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Addre % of Ownership yens 2bY SksJ 6 QOCJC Lh b. If the property is owned by a CORPORATION, list the officers and stockholders and the ercentage of stock owned by each: I Name and Address I % of Ownership I If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the iercentage of interest: Name and Address % of Ownership Created 9/28/2017 Page 1 of 3 Packet Pg. 168 54�r Clan�.nty 3.B.e COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collieraov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the e. f. 9. and/or limited Dartners: I Name and Address i % of ownership I 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 I!Mt!Fb, 5LULAHVIM21b, L7C11e11L:1d11CS, V1 Pd1L11r1b. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or of Date subject property acquired 1, V1 L1 UbL. Name and Address ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Packet Pg. 169 Aelr County 3.B.e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 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 OCR Ag nt ner Signature Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 Packet Pg. 170 3.B.e AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) I, z4y4?* - AU4-C41(,n5 (print name), as (title, if applicable) of (company, If applicable), swear or affirm under oath, that I am the (choose one) owner applicantQcontract purchaseroand that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Twee, Han & Associates, Inc to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. Ares. or v. pros. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • if the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the `general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under p altie perrW) , I declare at I v ead the foregoing Affidavit of Authorization and that �e fa scat n ' irr ue. ig natu re Date STATE OF FLORIDA COUNTY OF COLLIER The foregoin instrument was sworn to (or affirmed) and subscribed before me on 10 2 ,'� (date) by �u}C-ND5 (name of person providing oath or affirmation), as who is personally known to or who has produced (type of identification) as identification. n, -11 STAM PISEAL "its JORDAN LEE RICE Notary Pubiio-State of Florida • ►= Commission # GG 947550 My Commission Expires rrm January 15. 2024 Notary Public CP\08-COA-00115\155 REV 3124/14 Packet Pg. 171 3.B.e AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) I, JUd (print name), as (title, if applicable) of I (company, If applicable), swear or affirm under oath, that 1 am the (choose one) owner= applicant=contract purchaser=and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Turrall, Hall & Associates, inc to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • if the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature STATE OF FLORIDA COUNTY OF COLLIER 16 o-1 Date The foregoing instrument was sworn to (or affirmed) and subscribed before me on ZAP 1' OZA (date) by ,herd( �iiA:cAlir8 , (name of person providing oath or affirmation), as who is personally known_ to me or who has produced (type of identification) as identification. ;, DA ' STAMP/SEAL `�,�„Y�,,,,,�e JORDAN LEE RICE Notary Public -State of Florida x« •= Commission # GG 947550 My Commission Expires 't» n±�'' January 15, 2024 ure of Notary Public CP10$-COA-001151155 REV 3/24/14 Packet Pg. 172 3.B.e Narrative Description: The proposed Boat Dock Extension request is to construct a new single- family docking facility with two boatlifts located at 167 Sunset Cay 178 Tahiti Circle Port of the Islands. The subject waterway is considered a man-made canal called the Faka Union Canal which is subject to the county manatee protection plan. The subject property has a rip -rap shoreline which is approximately 149-linear feet long and based off the collier county manatee protection plan is allowed two boat slips. The platted property line so the most restrictive point and the applicate is currently constructing a new single-family residence. The proposed dock will require a BDE for the applicant to moor their vessels on boatlifts at the proposed docking facility. As proposed the dock will have two boatlifts one for the 50-foot vessel and the other for a 30-foot vessel with a deck area to store recreational equipment like kayaks and paddleboards. The proposed dock will protrude approximately 58-feet from the property line and therefore we are requesting a 38-foot extension over the allowed 20-feet. The subject waterway is approximately 338-feet wide and as proposed the dock and boat lift would protrude approximately 18% into the subject waterway. The subject waterway is an unmarked waterway and completely open to navigation therefore no impacts to navigation within the area will result from the proposed dock. The proposed dock will provide 82-foot and 26-foot setbacks which is greater than what is required for lots with 60-feet of shoreline or greater. There are no impacts to any submerged resources, the decking area has been minimized and still provides area for recreational activities and associated storage. There are numerous other existing docking facilities on the subject waterway that have BDE approvals with a hand full of them being granted 30-feet extensions from the allowed 20-feet. Therefore, as proposed the dock is consistent with the other existing docks. Attached is a map outlining the properties that have BDE approvals for your reference. Packet Pg. 173 3.B.e Primary Criteria Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) The subject property is zoned for a single-family residential unit which warrants no more than 2 slips per the CC-LDC and the Collier County Manatee Protection Plan. The proposed docking facility consists of installing two boatlifts one to accommodate a 50-foot LOA vessel and the other is 30-foot vessel. The proposed dock will extend out 58-feet from the platted property line which is 38-feet of protrusion past from the allowed 20-feet. Additionally, the proposed dock will provide 82-foot and 26-foot setbacks from both riparian lines and therefore will not interfere with the adjacent properties as the vessel's ingress/egress the proposed boatlifts. 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 boat dock extension is necessary to accommodate the owners' vessels and due to rip -rap shoreline the proposed dock cannot come any closer to the shoreline. A more shore parallel dock design would not work due to the rip -rap and would then also require the vessels to cross over into the adjacent property owners' riparian area. The reason for this BDE request was due to both shallow water depths along the shoreline as well as the vessel size. Criterion Not Met 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 design is consistent with numerous other docks along the subject and adjacent waterways as well as the overall protrusion out. As proposed the dock and boatlifts will not impact navigation as well as maintain the ingress/egress to both adjacent neighboring docks. There is no marked channel within this section of the Faka Union Canal therefore the entire waterway provides safe navigation and no impacts to any navigation will result from the proposed project. Packet Pg. 174 3.B.e 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 338-feet wide. The proposed dock protrusion is 58-feet which is approximately 18% 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 is consistent with the outlined designed criteria within the collier county manatee protection plan for single-family docks with shorelines greater than 100-feet. The proposed dock design is also consistent with other previously approved adjacent docks within the subject waterway as well 156 Venus Cay and 159 Winward Cay. As proposed with a finger dock design and the two slips being perpendicular to the shoreline the dock will be within the allowed buildable area by providing the required setbacks and therefore the views into the subject waterway by the adjacent property owners will not be impacted nor their access to their docks. Criterion Met Packet Pg. 175 3.B.e Secondary Criteria Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) The subject property shoreline consists of a natural riprap shoreline along the entire 149-linear feet. Due to the riprap the proposed dock design has the larger boatlift and the associated vessel as close to the base of riprap as possible to prevent the vessel from potentially striking the riprap (rocks) and minimizing the overall protrusion as much as possible with a perpendicular dock layout. Additionally, the property line is landward of the mean high-water line therefore the overall protrusion measurement is taken from a point on the property that is not over water. Due to these existing on -site conditions as well as avoiding ingress/egressing the dock/slip over the adjacent property owners' riparian area the best dock layout is being proposed. Additionally, the width of waterway and the fact the entire waterway is open for navigation allows for a dock to protrude out which is consistent with ours previously approved within the subject canals. 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.) The proposed docking facility design will provide sufficient deck area to allow for access to both boatlifts the associated vessels. There is also sufficient deck area for routine maintenance, safe access as well as recreational activities like fishing plus storage of kayaks or paddleboards. The total over -water square footage is 635 square feet. The adjacent docking facility and numerous others as shown on the BDE exhibits and other associated documents/images indicate that those docks have considerable amount decking compared to the proposed dock. Additionally, as a note based off the code the applicant could construct a dock that stretched across the entire property from setback to setback being approximately 119-feet long 20-feet out from the platted property. In my opinion a design like that would result in a significant amount of more decking area compared to what is being proposed. This would be more impactful to the environment by creating a much larger shaded area of bottomlands and provide area that would be excessive compared to what is being proposed. Criterion Met Packet Pg. 176 3.B.e 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.) As proposed the two vessels to be moored on site total 80-feet overall and with the existing shoreline length being approximately 149-feet we exceed 50%. Criterion 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.) As proposed the dock has been designed within the designated setbacks and is consistent with other previously approved BDE boat docks being perpendicular to the shoreline in order remain within the riparian area. The adjacent property to our east has a docking facility which is parallel to the shoreline but within the required side yard setback. There are no impacts to either adjacent property owner as their view is within their riparian lines extending from the shoreline out to the middle of the subject 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 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 subject property is a single-family residence which typically are not subject to the Collier County MPP but in this case being down in Port of the Islands we are. As outlined in the MPP Section 3.2.3.4 the subject property meets the standards to have two boat slips and the proposed dock does not need to be shore paralleVinarginal which is a requirement for commercially zoned properties. 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Marine & Environmental Consulting PHONE:239-643-0166 WWW.THANAPLES-COM Packet Pg. 189 1 I 3.B.e I Table of Contents 1 Introduction.......................................................................................................................................1 2 Objective.............................................................................................................................................2 3 Methodology......................................................................................................................................3 4 Results.................................................................................................................................................4 5 Conclusion..........................................................................................................................................5 6 Photos.................................................................................................................................................. 6 U a� c co ti m r m co v N O 0 0 N N O N J a. uO co M N Packet Pg. 190 1 I 3.B.e I 167 Sunset Cay Submerged Resource Survey May 18, 2022 1 INTRODUCTION Turrell, Hall & Associates, Inc. (THA) has been contracted to provide environmental services in the form of a Submerged Resource Survey (SRS) at a property addressed as 167 Sunset Cay in Naples, FL 34114 that can be identified by folio #68300003668. This resource survey will provide planning assistance to both the property owner and regulating agencies during the review process for the proposed project. The subject property consists of a 0.35-acre parcel that can be found in Port of the Islands along a man-made canal just off the Faka Union Canal that connects to the Gulf of Mexico. The parcel currently contains an existing single-family residence currently under construction and a rip -rap shoreline. The property is neighbored to the east and west by other single-family residences, to the north by the canal, and to the south by Sunset Cay. The SRS was conducted on May 18, 2022, between approximately 8:45 a.m. and 9:40 a.m. Site conditions consisted of mostly clear skies with a slight breeze. Water clarity was fair to good which allowed approximately 12-18 inches of visibility. The ambient air temperature was approximately 80 degrees Fahrenheit and wind speeds averaged 5 mph from the east. High tide occurred before the site visit at approximately 6:08 a.m. and reached approximately 2.1 feet above the Mean Low Water Mark and low tide was achieved after the site visit at approximately 11:20 a.m., reaching approximately 0.7 feet above the Mean Low Water Mark. Packet Pg. 191 1 I 3.B.e I 167 Sunset Cay Submerged Resource Survey May 18, 2022 2 OBJECTIVE The objective of the SRS was to identify and locate any existing submerged resources within 200 feet of the existing docking facility and proposed additional boatlift. Ordinarily, if seagrasses are present within the vicinity of a project area, an analysis will be required regarding species, percent coverage, and impacts projected by the proposed project. The presence of seagrasses may be ample cause for re -configuration of the design for projects over surface waters in order to minimize impacts. The general scope of work performed during a typical submerged resource survey is summarized below: • THA personnel will conduct a site visit and swim a series of transects within the project site in order to verify the location of any submerged resources. • THA personnel will identify submerged resources within the vicinity of the site and produce an estimate of the percent coverage of any resources found. • THA personnel will delineate the approximate limits of any submerged resources observed via a handheld GPS device. 2 Packet Pg. 192 1 I 3.B.e I 167 Sunset Cay Submerged Resource Survey May 18, 2022 3 METHODOLOGY THA biologists intentionally designed the methodology of the SRS to cover not only the entire property shoreline of the subject property but also the area within 200 ft. of the project site. The components utilized for this survey included: • Reviewing aerial photography of the surveyed area. • Establishing survey transect lines (spaced approximately 10 feet apart) overlaid onto aerials. (See attached Exhibits) • Physically swimming the transects, GPS locating the limits of any submerged resources found, and determining the percent coverage within the area. • Documenting and photographing all findings The surveyed area was evaluated systematically by following the established transect lines throughout the project site as shown on the attached exhibit. The existing and neighboring properties, docking facilities, and other landmarks provided reference markers which assisted in maintaining correct positioning over each transect. During this SRS, one THA staff member swam the transect lines using snorkel equipment while a second remained on the shore taking notes and compiling findings on an aerial of the project site. Ordinarily, if any resources are found, they are photographed, GPS located, delineated, and analyzed for percent coverage within the area via a half meter square quadrat. 3 Packet Pg. 193 1 I 3.B.e I 167 Sunset Cay Submerged Resource Survey May 18, 2022 4 RESULTS The substrate found within the surveyed area consists of 2 distinct classifications: silt sand and muck with shell debris. The silt sand substrate was found mostly along the subject shoreline and the muck substrate was throughout the deeper area. The shoreline consists of rip -rap with neighboring docking facilities which provide cover for fish as well as manatees and alligators. Algae was observed covering parts of the submerged riprap but was not observed in the underlying substrate. The majority of the project site was devoid of vegetative growth, presumably because of a freshwater input and clarity. 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 Grey Snapper Lutjanus griseus West Indian Manatee "sea cow" Trichechus manatus American Alligator A. mississippiensis H Packet Pg. 194 1 I 3.B.e I 167 Sunset Cay Submerged Resource Survey May 18, 2022 5 CONCLUSION The submerged resource survey conducted at the project site yielded few findings at best. Algae was observed on parts of the rip -rap, but nowhere else around the project site. Seagrasses were not observed anywhere near the project site. All fish species were observed swimming in and around the neighboring docking facilities and both manatees and alligators were also observed in and around the docks. Negative impacts to submerged resources are not expected with the proposed project. 5 Packet Pg. 195 1 I 3.B.e I 6 PHOTOS 167 Sunset Cay Submerged Resource Survey May 18, 2022 Photo 1: Existing neighboring dock and associated boatlift. Photo 2: Subject property rip -rap shoreline. 6 Packet Pg. 196 1 I 3.B.e I 167 Sunset Cay Submerged Resource Survey May 18, 2022 Photo 3: Typical view of bottom sediment. Photo 4: Muck bottom material FA Packet Pg. 197 1 3.B.f From: KellyJohn Sent: Friday, January 20, 2023 4:31 PM To: KellyJohn Subject: BDE-PL20220002146 - 167 Sunset Cay - Public Hearing Sign for HEX on 2/9/2023 Attachments: 35A62645-5D14-46DC-871F-CC5BD83CA079.jpeg; F495B4C2-E68D-4ECA- B607-26DC6E9ABF96.j peg I, John Kelly, personally replaced the Public Hearing Sign that had previously been posted at this location for the 1/12/2023 meeting that was subsequently cancelled. The new sign displays the new date of hearing and was posted to the front of the subject location immediately adjacent to the public right-of- way at approximately 12:25 P.M. on January 19, 2023. Respectfully, John Yeffy Planner II Zoning Division - Zoning Services Section 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.5719 Fax: 239.252.6363 Email: John.Kelly@colliercountvfl.gov TO us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning coffer county Growth Management Department Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Pg. 198 n 3.B.f Packet P9, 199 3.B.f From: KellyJohn Sent: Wednesday, December 28, 2022 12:45 PM To: KellyJohn Subject: BDE-PL20220002146 - 167 Sunset Cay - Public Hearing Sign Posted on 12/22/2022 Attachments: 3D69A3E3-4E4C-4B15-98E6-DAAOOE7B11B2.jpeg; E856A4EF-D2A2-43DA- B7C2-B6109B74FD50.jpeg; 33680DBE-FBE4-443A-93E2-8BA167E6DD9D.jpeg; E1314726-97C3-4BB3-AC6A-1FE7BF3AA5D1.jpeg I, John Kelly, personally posted a Public Hearing Sign for the above referenced petition, scheduled for hearing by the Hearing Examiner on January 12, 2023, at approximately 2:15 PM. Said sign was posted to the front of the subject property, immediately adjacent to the public right-of-way, as evidenced by the attached photos. Respectfully, John Xeffy Planner II Zoning Division - Zoning Services Section 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.5719 Fax: 239.252.6363 Email: John. Kelly@colliercountvfl.aov Tell us how we are doing by taking our Zoning Division Survey at http://bit.IV/CollierZonin CoferCount _ y Growth Management Department Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Pg. 200 ®w I 3.B.f Packet Pg. 201 AW_' - Y I'f ✓� 3 r z deli n5 s°r F i > vli�./•�.w'Aii���ii �'�N�i4=rl���V�>i�•('f�./��'K��i��s::.,Y�lif�.�Fi�`�ii''_� �.E�,u.iL! 3.B.g BDE-PL20220002146 167 Sunset Cay Attachment F — Public Correspondence Collier County GIs Applicant/Petitioner — 167 Sunset Cay Letters of Objection — 179 Sunset Cay (W. and J. 294 Stella Maris Drive (W 306 Stella Maris Drive (G. 318 Stella Maris Drive (D. Dafeik) Keyser) x 2 and C. Kennedy) Conde) Packet Pg. 203 3.B.g From: Wendel Dafcik <wgdafcik@gmail.com> Sent: Tuesday, January 10, 2023 3:32 PM To: KellyJohn Subject: Dock Extension Proposal Attachments: Proposed Boat Dock Extension.docx EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hey John I plan on attending the public hearing on Thursday. In the event I don't make it I've attached my reasons for objecting to the dock extension. Thanks. Wendel Dafcik Packet Pg. 204 3.B.g Proposed Boat Dock Extension 167 Sunset Cay Petition No. PL20220002146 A) I strongly oppose of the dock extension and my reasons are stated below 1) Every homeowner has a right to put in a dock. I feel that a 35 feet extension to a total of 55 feet is excessive 2) We moved to the PORT for the water and the wide canals the PORT has to offer. Were avid boaters and fisherman and enjoy the waterways 3) We enjoy the expansive water views from our property and the healthy array of wildlife like Manatees, Alligators, Tarpon and Dolphin that thrive in the waterways of the PORT 4) 1 believe a 55-foot dock will alter the water landscape and may interfere with the annual migration of wildlife and fish 5) If this 55-foot dock gets approved I'm afraid it will set a dangerous precedent for future docks and or rebuilds to jut out 55 feet into the waterways and ruin the expansive waterways Wendel and Jody Dafcik 179 Sunset Cay Naples, FL 34114 Ph 239-282-0015 Email- wgdafcik@gmail.com Packet Pg. 205 3.B.g From: William Keyser <wlkangler@yahoo.com> Sent: Friday, January 6, 2023 12:40 PM To: KellyJohn Subject: Proposed Boat Dock Installation 176 Sunset Cay Petition No. PL20220002146 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. 1. We, along with our HOA, strongly oppose the construction of a 55-foot dock from the MHWL/Property line. Half of the waterway being discussed is not part of Port of the Islands (The Cays) Phase II Section 9 and is governed by more restrictive county regulations. 2. We moved to the Port to enjoy the marine eco-system, boating, fishing and the amazing sunsets from our dock. 3. Almost half of our 50 resident HOA members will have a restrictive view of the sunsets if a 50 foot boat and dock is approved. 4. This water area of the Port sees considerable boat traffic both day and night. Boat fishermen are active all night long as well as occasional commercial mullet cast netters. On moonless nights or foggy conditions this dock will not be visible. It does not appear to be lighted. It is a navigational hazard. 5. Primary Criterion 5 discussion suggests a solution that should be acceptable to those that oppose the 55-foot dock. This solution would be construction of 2 shorter docks that would meet current Cays Phase II regulations. Packet Pg. 206 3.B.g From: William Keyser <wlkangler@yahoo.com> Sent: M nday, January 23, 2023 3:44 PM To: KellyJohn Cc: aggpie@aol.com; Wendel Dafcik; rcraig350@aol.com; dan@hbspecialities.com Subject: Proposed Boat dock 176 Sunset Cay Petition No. PL20220002146 Attachments: boatl.jpg; boatl.jpg Follow Up Flag: Follow up Flag Status: Flagged EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Here is what a 50 foot boat might look like in front of 176 Sunset Cay. It really belongs in the marina. William Keyser 294 Stella Maris Dr S Packet Pg. 207 3.B.g HO 3.B.g From: GARY KENNEDY <gkenn58103@aol.com> Sent: Saturday, January 7, 2023 11:16 AM To: KellyJohn Subject: Petition number: PL20220002146 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. John: We are the Kennedy's at 306 Stella Maris Drive South. We are responding to the docking system protruding a total of 55 feet into the waterway. We are on the opposite side. We are NOT in favor of this proposal. It would not affect us positively or the manatees. If you have any questions, please call us. My phone number is, 701-3 06-2145 Thank you. Gary and Cindy Kennedy, 306 Stella Maris Drive South Naples, Florida. Sent from my iPhone Packet Pg. 209 3.B.g From: Dulce Conde <d@sdcollaborative.com> Sent: Monday, January 9, 2023 2:30 PM To: KellyJohn Subject: RE: petition number BD-PL20220002146 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Mr. Kelly Hope you had a great Holiday season. I am writing you in reference to petition number BD-PL20220002146. The applicants residence is directly across from the canal from our property at 318 Stella Maris Dr. South My first concern is what is the hardship stated in the request. I am a Florida registered architect (AR 015803) and have been in practice for over 30 years in Florida and understand that to grant a variance request there needs to be hardship. I do not see the hardship for this request. The application also states that there have been additional docks granted approval for BDE in our waterway, can you please clarify the addresses of such properties which have approvals and what encroachment they were granted? (in the application, the ones stated are 156 Venus and 159 Winward Cay neither of which are in our canal) The other concern is that several of my neighbors including myself have not received certified notices of this variance request. Can you please clarify your process for this item and clarify mailing proof, as I stated we are directly across from the applicant and were not notified. Also if you can clarify the dock depth the advertising in the paper states a 35' extension and the narrative, application and plans make reference to 38', which is correct and if it is 38' does this need to be properly notices and advertised? Lastly views will be impacted and the concern is if one variance is granted our canal will become a marina of sorts if all the adjacent neighbors follow in suit. We are not opposed to a variance we just feel almost 3 times the allowable 20' ( 58'-0" ) though we understand meets most of the criteria is excessive. With all this said we are not in favor and are strongly opposed to this request. Regards S1 C;OUABVRAT VE 11410 N Kendall Drive, Suite 208 Miami, FL 33176 Office: 305.740.6948 Mobile: 305.522-4907 www.sdcollaborative.com Packet Pg. 210 3.0 02/09/2023 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.0 Doc ID: 24361 Item Summary: * * * This item was continued to the January 12, 2023, HEX Meeting and further Continued to the February 9, 2023, HEX Meeting*** PETITION NO. BD-PL20220000501 - Request for a 2.75-foot boat dock extension and boathouse from the maximum permitted protrusion of 25 percent of the width of the waterway or 20 feet into a waterway, whichever is less, to allow construction of a boat docking facility protruding a total of 22.75 feet into a waterway that is 91± feet wide, pursuant to LDC Section 5.03.06. The subject property is located at 231 Dolphin Cove Court and is further described as Lot 8, Dolphin Cove, in Section 5, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner II] Commission District 2 Meeting Date: 02/09/2023 Prepared by: Title: Operations Analyst — Planning Commission Name: Diane Lynch 02/01/2023 2:47 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 02/01/2023 2:47 PM Approved By: Review: Growth Management Operations & Regulatory Management Diane Lynch Review Item Skipped 01/11/2023 3:35 PM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Skipped 01/11/2023 3:36 PM Zoning Diane Lynch Review Item Skipped 01/11/2023 3:36 PM Zoning Diane Lynch Review Item Skipped 01/11/2023 3:36 PM Zoning Diane Lynch Division Director Skipped 01/11/2023 3:36 PM Zoning Diane Lynch Review Item Skipped 01/30/2023 3:48 PM Hearing Examiner Andrew Dickman Meeting Pending 02/09/2023 9:00 AM Packet Pg. 211 3.C.a Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JANUARY 12, 2023 SUBJECT: BDE-PL20220000501, 231 DOLPHIN COVE COURT - LENS DOCK PROPERTY OWNER/APPLICANT: The Lens Family Trust John F. and Lori -Ann Lens, Trustees 22 Beechtree Dr. Lakeview, MA 02347 REQUESTED ACTION: AGENT: Jeff Rogers Turrell, Hall & Associates, Inc. 3584 Exchange Ave. Naples, FL 34104 The petitioner requests a boathouse and a 2.75-foot boat dock extension from the maximum permitted protrusion of 25 percent of the width of the waterway or 20 feet into a waterway, whichever is less, to allow construction of a boat docking facility protruding a total of 22.75 feet into a waterway that is 91± feet wide, pursuant to Section 5.03.06 of the Collier County Land Development Code (LDC). GEOGRAPHIC LOCATION: The subject property is located at 231 Dolphin Cove Court, further described as Lot 8, Dolphin Cove, in Section 5, Township 48 South, Range 25 East. Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF THE PROJECT: The subject waterfront property comprises 0.39 acres, located within a Residential Single-Family- 3 (RSF-3) zoning district that is being developed for a one-story single-family dwelling as per Building Permit No. PRBD20211049219. Said property is on a man-made canal just off Little Hickory Bay and has 140± feet of shoreline consisting of a man-made rip -rap bank with mangroves throughout all of which are located within a 10-foot conservation easement. The proposed dock facility consists of a U-shaped dock, accessed by a 4-foot-wide walkway, with two boat lifts; one to moor a 32-foot vessel that will be covered by a boathouse and a second serving two 12-foot personal watercraft. The dock facility will protrude 22.75 feet into the 91±-foot wide canal and the required 15-foot side/riparian setbacks will be satisfied on both sides of the docking facility. BDE-PL20220000501 — 231 Dolphin Cove Ct. Page 1 of 10 December 20, 2022 Packet Pg. 212 ( ooa sue-1 .:pnoo a oo mLidi ©Q �£ as |0 0 OOZ 0 ]d:W9 ) Z 0 OZ �:podeuj mS:ju mmLj3en¥ / q_u r LU; � MJ 0 R - a / � El.. . ` k %R@ R a , �S . . � . ■ �, � � \ M. % t 2 0. ■ AP,- w, mA& � Cd ! - k � � \ k 2 [ \ � � o ■ � © i� � BDE PL2 2 0 0 501-231Doƒy2 Cove Ct. December 2,2022 CL � � � .� � 0 N S::L ca � � 0 � � 0 J Page 7 of 10 � Ln CD C) � � CN � � C\j -j OL � J� E _ z E 0 � @ � 3.C.a SURROUNDING LAND USE & ZONING: North: Little Hickory Bay canal then single-family dwellings, Residential Single-Family- 4 District (RSF-4) East: Single-family dwelling, Residential Single-Family-3 District (RSF-3) South: Dolphin Cove Court (Right -of -Way) then preserve, Audubon Country Club PUD West: Single-family dwelling, Residential Single-Family-3 District (RSF-3) Aerial — Collier County GIS ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request. The shoreline for this property contains mangroves. The proposed dock will be constructed waterward through the mangrove fringe. The access walkway will be 4 feet wide and constructed beyond the mangrove fringe parallel to the shoreline. Any additional impacts to mangroves will require written approval from the Florida Department of Environmental Protection (DEP). A submerged resources survey provided by the applicant found no submerged resources in M N 0 m O Ln O O O O N N O N J IL CO M N BDE-PL20220000501 — 231 Dolphin Cove Ct. Page 3 of 10 December 20, 2022 Packet Pg. 214 3.C.a the area 200 feet beyond the proposed docking facility. The Site Plan (sheet 7 of 10) indicates no seagrass has been observed within 200 feet of the proposed docking structure. The property contains a conservation easement just landward of the mean high-water line (MHWL) (Plat Book 19 Pages 55 — 56). 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 an RSF-3 Zoning District that will support a single-family dwelling, Building Permit No. PRBD20211049219, for which this section of the LDC allows up to two boat slips. The proposed dock facility consists of a U- shaped dock, accessed by a 4-foot-wide walkway, with two boat lifts; one to moor a 32- foot vessel that will be covered by a boathouse and a second serving two 12-foot personal watercraft. 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.) Criteria not met. The applicant's agent states: "The reason for this BDE request is based on the existing rip -rap shoreline which includes a 10-foot Conservation Easement (CE) and mangroves. Water depths within the allowed 20 feet are restrictive but are not the sole reason for this BDE request." Zoning staff concurs. 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) BDE-PL20220000501 — 231 Dolphin Cove Ct. December 20, 2022 Page 4 of 10 M N 0 m 0 0 0 0 0 0 N N 0 N J a M N Packet Pg. 215 3.C.a Criterion met. There is no marked or charted navigable channel at or adjacent to the proposed project location. Therefore, no marked or navigable channels will be affected by the proposed project. 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. As per the Specific Purpose Survey provided by the applicant, the subject canal width is between 91 feet and 95.2 feet, MHWL to MHWL. As per the proposed dock plans, sheet 04 of 10, the dock facility will protrude 22.75 feet into said waterway as measured from the most restrictive point. It can therefore be established that the proposed dock facility will occupy 25 percent of the 91-foot waterway. Sheet 10 of said plans reveals 47 feet between the proposed dock facility and that on the opposite shore; therefore, 51.65 percent of the canal remains open for navigation. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Criterion met. The applicant's agent states: "The proposed docking facility has been designed to be consistent with the other existing and previously approved docking facilities on the subject waterway. This is a new dock structure but will be within the required side yard setbacks as well as centrally located along the subject property's shoreline. Due to this no neighboring views or access will be negatively impacted as the proposed dock is consistent [sic] with all the previously approved docks along the subject shoreline." Zoning staff notes that the proposed dock facility design, less the boathouse, is like the existing docks to both the east and west; each accesses the primary (shore parallel) slip from the west and has an ancillary (perpendicular to shore) slip on the eastern side. Additionally, the proposed dock facility is setback 44 feet or more from each of the neighboring side/riparian lines. As such, staff concurs that there should be no interference with 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 the type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Criterion met. The subject property has three special conditions: a rip -rap shoreline, protected mangroves, and a 10-foot conservation easement. Staff notes that Environmental Planning Staff does have concerns with the subject conditions and has resolved to satisfy those concerns at the time of permitting; therefore, they have requested a specific condition of approval requiring removal of the rip -rap from the easement prior to their obtaining a Certificate of Completion. BDE-PL20220000501 — 231 Dolphin Cove Ct. December 20, 2022 Page 5 of 10 Packet Pg. 216 3.C.a 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Criterion met. The applicant states: "The proposed docking facility design has been fully minimized and still provides routine access to the vessels as well as provide an area for recreational activities for fishing and storage of kayaks and paddleboards." Staff concurs and further notes that the noted recreational area is minimal, measuring only 8 feet by 19 feet. 3. For single-family dock facilities, whether the length of the vessel or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Criterion met. The subject docking facility has been designed to accommodate a 32-foot vessel, LOA, and two 12-foot PWCs with a maximum combined length of 56 feet; the subject property's linear waterfront footage is 140± feet. 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. To evaluate this criterion, Zoning staff must be mindful that both the applicant and their neighbors have rights that must be applied equally and fairly. It is staff s understanding that a waterfront property owner has the right to an unobscured view within their own riparian area; however, rights to a view outside of said riparian area are limited to the extent that a neighbor should not have their rights to full use of their waterfront property (to include docks) infringed upon. In this case, the applicant seeks to increase their allowable protrusion by only 2.75 feet, and they are providing a side/riparian setback of no less than 44 feet on each side whereas the required side/riparian setback is 15 feet. Additionally, the subject facility has been designed to be shore parallel and the proposed boathouse will be 15 feet in height and open on all 4 sides. Staff concludes that any impact on the waterfront view of neighbors has been minimized and therefore the impact to views is also minimal. Zoning staff did however observe that the Zoning Atlas reveals an unusually high number of Boat Dock Extensions having been approved in the immediate vicinity, see below. a Research reveals that the majority were issued prior to a zoning amendment approved in z the year 2000 that served to increase the allowable protrusion for waterways under 100 feet o in width. Prior to this amendment, boat docks on such waterways were limited to a a protrusion of 5 feet; the amendment increased the allowable protrusion to 25 percent of the waterway not to exceed 20 feet. Staff proceeded to pull the approved Boat Dock (BD) Extensions within the canal between Dolphin Cove Court and Sixth Street West and was able to determine that of 12 approved BDs only three served to go beyond the newly established 20-foot protrusion limit. Despite this information, staff continues to believe the subject petition is neither extreme nor unwarranted. BDE-PL20220000501 — 231 Dolphin Cove Ct. Page 6 of 10 December 20, 2022 Packet Pg. 217 3.C.a Flt 15 14 13 127 11 1d 4 B 1 fr1J < � 7 8 S 4 3 2 1BD14 BD 1 BL} 3 17 BD15 SIXTH STREET WEST 14,42 21 BD 7 �D Ba 2 JBD 1 BO V 18 1g 2U 22 23 2d 25 - 26 27 2& 29 3d 31 32 33 L` ' Fe-e v VS 7 7' 2g 5 49 BDBD—--gT s �56 6V BD BDNOhSTBD 2 1 0 — DOLPHIN COVE COURT J Collier County Zoning Atlas 'o c.� BD17 — CCPC Resolution 93-37 to allow a 16-foot protrusion and Boathouse 0 BD27 — CCPC Resolution 95-31 to allow a 20-foot protrusion BD — CCPC Resolution 95-47 to allow a 17-foot protrusion a BD41 — CCPC Resolution 97-32 to allow a 22-foot protrusion 0 BD — CCPC Resolution 97-36 to allow a 46-foot protrusion BD — CCPC Resolution 98-39 to allow a 20-foot protrusion N BD49 — CCPC Resolution 98-55 to allow a 20-foot protrusion and Boathouse °m BD 52 — CCPC Resolution 99-22 to allow a 17-foot protrusion c BD56 — CCPC Resolution 00-01 to allow a 20-foot protrusion o BD — CCPC Resolution 00-03 to allow a 20-foot protrusion c BD60 — CCPC Resolution 00-05 to allow a 21-foot protrusion N BD63 — CCPC Resolution 00-19 to allow a 20-foot protrusion and Boathouse J IL 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.) v N N O Criterion met. There are no seagrass beds present on the property nor the neighboring o properties within 200 feet of the existing dock structure. N 6. Whether the proposed dock facility is subject to the manatee protection requirements r L of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) a Cn Criterion is not applicable. The proposed project is for a single-family residential boat dock facility. Section 5.03.06.E.11, Manatee Protection Plan, is not applicable to this boat z dock proposal. r a Standards for Boathouses: 1. Minimum side setback requirement: Fifteen Feet. Criterion met. As per the provided Dock Plan, the boathouse is setback more than 15 feet from both the eastern and western side/riparian lines. BDE-PL20220000501 — 231 Dolphin Cove Ct. Page 7 of 10 December 20, 2022 Packet Pg. 218 3.C.a 2. Maximum protrusion into the waterway: Twenty-five percent of canal width or 20 feet, whichever is less. The roof alone may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks. Criterion met. Cross Section AA indicates that despite there being a roof overhang, said roof will not extend beyond the footprint of the proposed dock facility. 3. Maximum height: Fifteen feet as measured from the top of the seawall or bank, whichever is more restrictive, to the peak or highest elevation of the roof. Criterion met: The tip of the uppermost portion of the roof is 15 feet above the fixed dock. 4. Maximum number of boathouses or covered structures per site: One. Criterion met. Only one boathouse is to be built on this property. 5. All boathouses and covered structures shall be completely open on all 4 sides. Criterion met. The boathouse will be completely open on all four sides. M N 6. Roofing material and roof color shall be the same as materials and colors used on the °m principal structure or may be of a palm frond "chickee" style. A single-family o dwelling unit must be constructed on the subject lot prior to, or simultaneously with, o the construction of any boathouse or covered dock structure. c N N O Criterion met. The roofing material and color of the proposed boathouse will match that of N the principal structure. a 7. The boathouse or covered structure must be so located as to minimize the impact on co N the view of the adjacent neighbors to the greatest extent practical. Criterion met. The boathouse is located within the required side/riparian setbacks and will be obscured by existing mangroves. With respect to the BDE, staff analysis finds this request complies with four of the five primary criteria and five of the six secondary criteria with the sixth criterion being not applicable. As for the boathouse, staff analysis finds that this petition satisfies all seven of the required boathouse standards. As of the date of this Staff Report, no public opposition has been received. CONCURRENT LAND USE APPLICATIONS: There are no known concurrent land use petitions. 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. 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. BDE-PL20220000501 — 231 Dolphin Cove Ct. December 20, 2022 Page 8 of 10 Packet Pg. 219 3.C.a 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. RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner approve Petition BDE- PL20220000501 in accordance with the Proposed Plans provided within Attachment A and subject to the following conditions of approval: 1. The riprap located within the Conservation Easement must be removed prior to the issuance of a Certificate of Completion for the dock facility's building permit; and 2. A Certificate of Completion for the dock facility, an accessory structure, cannot be issued prior to the issuance of a Certificate of Occupancy for the residence, the principal structure on the subject property. Attachments: A. Proposed Dock Plans B. Specific Purpose Survey C. 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FORT MYERS BEACH, FL 33931 (239) 334-0999 Packet Pg. 234 3.C.e PRBD20211049219 IIz69ax61IIQk,111191:Xey_1N11 To schedule inspections call 239-252-3726 or visit https://cvportal.colliercountyfl.gov/cityviewweb FRONT: INSPECTIONOUTCOME 101- Pile 30' REAR: Caps 25' LEFT: 7.5' principal / 10' accessor y <4' above top of bank RIGHT: 7.5' SPECIAL: FLOOD FZAE ZONE: COMMENTS 103 - Floating Slab SOIL TREAT 104 - Tie Beam 106 - Columns 107 - Truss/Sheathing/Bucks 108 - Framing 109 - Insulation 111- Dry-in/Flashing 115 - Building Final 118 - Lintel Beam 119 - Fill Cells 120 - Flood Vent Relief 121- Elevated Structural Deck 124 - Steel In Stairs 134 - Roofing Final 136 - Impact Glass 151 - Shearwall/Nailing 152 - Shearwall/Water Barrier 153 - Shea rwalI/Stucco Lath 154 - Soffit Coverings In progress Please do NOT complete Soffit installation prior to inspection. 200 - Plumbing Y V O r� N c m J r O U a� O U c t a 0 r M N a m 0 LO 0 0 0 0 N N 0 N J a T to M N Packet Pg. 235 3.C.e PRBD20211049219 Underground 201- Plumbing Rough -in 203 - Sewer Tap 204 - Plumbing Final 300 - A/C Rough 301- A/C Final 501- Electrical Rough 502 - Electrical Final 505 - Temporary Power Residential 508 - TV/Telephone Rough 509 - TV/Telephone Final 801- Site Drainage 802 - Landscaping 810 - Exotic Vegetation Removal 814 - Erosion/Silt The 814 - Erosion/Silt must be passed before any other inspections are scheduled. OPEN CONDITIONS Condition Type: Condition Description: Informational NOTICE OF CLEARING RESTRICTIONS: The issuance of a building permit for a single-family dwelling allows up to one (1) acre of native vegetation to be cleared. Clearing more than one (1) acre may be allowed for accessory structures and requires a separate Vegetation Removal Permit. Properties located in the following zoning district overlays may not be allowed to clear one (1) acre: Rural Fringe Mixed Use District (RFMU), Big Cypress Area of Concern (ACSC), and Special Treatment Overlay (ST). There may be additional restrictions related to clearing native vegetation and impacts to wetlands or protected species found on the property. State and Federal agency permits may be required. Contact the Growth Management Department?s Environmental Services at (239) 252-2400 for additional information. CO Hold Waiting for Blower Door Test documentation. Upload to the condition on the portal.<4.37 ACH50 CO Hold Waiting for Final Energy Calc Summary Sheet. Send document to EnergyCalc@CollierCountyFl.gov and include your permit number in the emails subject line. Informational FEMA - All equipment must be above flood plus one foot. Any materials used below flood level must comply with FEMA regulations CO Hold A Spot Survey will be required within ten days of passing a 704 shell reinforcement or 103/133 inspection of slab. Prior to obtaining County approval of the Spot Survey, the permit holder?s construction activities are at his/her own risk. After 10 days an "Inspection HOLD" will be placed on this Permit for survey review. NOTE: A Spot Survey must verify slab meets setbacks and minimum elevation per Chapter 62, Collier County Code of Y V O 0 c m J O U a� O U c t a 0 0 r M N a m 0 LO 0 0 0 0 N N O N J d r O M CN am r N O O T N O N 0 00 a r E L a� a a� c �a m Q Packet Pg. 236 3.C.e PRBD20211049219 Laws and Ordinances, e.g., 18? above the crown of the road or the elevation established by the SFWMD permit. ** The top of bank or seawall final elevation must be addressed on the spot survey. Pool deck shall not be more than 4' above top of bank or top of seawall.** CO Hold Soil Compaction Test. Upload to the condition on the portal. CO Hold Any required County impact fees will be due prior to issuance of a temporary or final Certificate of Occupancy CO Hold At the time of permit application, the permitted structure is in the special flood hazard area. An Under Construction Elevation Certificate is required within 10 days of passing a 103 or 133 inspection of slab or other foundation system. Prior to obtaining County approval of the Under Construction Elevation Certificate, the permit holder?s construction activities are at his/her own risk. Under Construction Elevation Certificates must verify the slab meets minimum elevations per the Florida Building Code and Chapter 62, Collier County Code of Laws and Ordinances (e.g., BFE +1 or 18? above the crown of the road, whichever is higher, and the elevation established by the SFWMD permit). AE 10.00 NAVD, Proposed FFE 11.00, Garage 6.58 NAVD. (12) Flood vents model 1540-511 for 4,813 sqft enclosure. 400sgft per vent CO Hold > Elevation Certificate AE 10.00 NAVD, Proposed FFE 11.00, Garage 6.58 NAVD. (12) Flood vents model 1540- 511 for 4,813 sqft enclosure. 400sgft per vent CO Hold Pursuant to the Floodplain Management Ordinance 2019-01 a Non -conversion Agreement shall be recorded in the public records of Collier County, FL prior to issuance of the certificate of occupancy or certificate of completion for this permit. Once the Non -Conversion Agreement is recorded, upload to the condition on the portal. For questions, contact the Floodplain Management section at 239-252-2942 or email BuildingFloodDocs@colliercountyfl.gov. The form can be downloaded here: https://www.colliercountyfl.gov/home/showdocument?id=84981 Inspection Hold Permit is on inspection hold until the following deferred items are submitted as a revision:TRUSS LAYOOUT Inspection Hold Permit is on inspection hold until the following deferred items are submitted as a revision:SHOP DRAWINGS FOR PRECAST HC DECKING CO Hold Engineering Certificate/Letter (Structural). Upload to the condition on the portal.PILINGS Stipulation The rip rap located within the conservation easement must be removed in association with PL20220000501 (BIDE approval). BrownCraig 06/23/2022 Inspection Hold Sub Contractor (Electrical) Upload to the condition on portal. Inspection Hold Sub Contractor (Mechanical) Upload to the condition on portal. Inspection Hold Sub Contractor (Roofing) Upload to the condition on portal. Inspection Hold Sub Contractor (Plumbing) Upload to the condition on portal. CO Hold Please contact the Inspection/CO section at 239-252-2406 or email us at inspections@colliercountyfl.gov to have this condition resolved prior to paying CO fees. This will generate the Mandatory Curbside Solid Waste Collection fee based on the total permit fees due. NOTE: If you are unable to schedule your inspection, please contact the inspection desk at 252-2400. NOISE ORDINANCE: Collier County Codes of Laws and Ordinances 54-92(f) Construction Sound. NOISE LIMITATIONS are in effect at all times. Work permitted, RESIDENTIAL Areas — 6:30 AM to 7:00 PM Monday thru Saturday; NON-RESIDENTIA Areas (more than 500 feet from Residential Area) 6:OOAM to 8:OOPM Monday thru Saturday. No Work on Sundays or Holidays. RADIOS, LOUDSPEAKERS, ETC. — Must not disturb peace, quiet and comfort of neighboring inhabitants. FREE CABLE Y 0 0 N c m J L 0 0 U a� 0 U c t a 0 r M N a m 0 LO 0 0 0 0 N N 0 N J d M N Packet Pg. 237 3.C.e PRBD20211049219 LOCATIONS — Call 48 Hours prior to digging/FPL 434-1222/UTS 1-800-542-0088/PalmerCATV 783-0638 and all other applicabl utilities. Per currently adopted building code ordinance, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional stipulations or conditions of this permit. This permit expires if work authorized by the permit is nc commenced within six (6) months from the date of issuance of the permit. Additional fees for failing to obtain permits prior to the C commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed mus w be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. J NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAI AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE Ol o THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE V INFORMATION, CONTACT DEP AT (239) 344-5600. o V NOTICE: In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be c found in the public records of this county, and there may be additional permits required from other governmental entities such as Q. water management districts, state agencies, or federal agencies. c C WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF N COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS m TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED o AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTENT o TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY 0 N BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. N Packet Pg. 238 3.C.f From: KellyJohn Sent: Wednesday, January 18, 2023 6:46 PM To: KellyJohn Subject: BDE-PL20220000501 - 231 Dolphin Cove Ct - Public Hearing Sign Revised on 01/18/2023 Attachments: E457D7B8-5DBO-4BE9-A157-3D03CB987379.jpeg; EOBA0962-7C17-4A33- BA6D-AAIA8CD6AAD3.jpeg; BF6BE9AA-09B2-44B0-B2EF-063BBOE64BE8.jpeg At approximately 1:05 P.M. this date, I personally revised the posted public hearing sign at the subject location to reflect the new hearing date of February 9, 2023, as evidenced by the attached photographs. Respectfully, John Yeffy Planner II Zoning Division - Zoning Services Section 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.5719 Fax: 239.252.6363 Email: John.Kelly@colliercountvfl.gov TO us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning cner County Growth Management Department Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Pg. 239 PUBLIC HEARING FOR 231 DciNhin C^a. r. r Rt)AT-lrlf)( K FYTFF 5 InN W To Mow a 22.75-foot Protrusion and BOATHOUSE Petition No. Pi_2022000050, _ HEX: February 9, 2023 at 9 a.m. a Growth Management Suildin t_ g 2800 North Horseshoe Drive, 609/610 John Kelly, Planner It: (239) 252-5719 C if j l e? 1 s J ''y ,! ..., I y ?, Packet Pg. 240 3.C.f Packet Pg. 241 3.C.f From: KellyJohn Sent: Wednesday, December 28, 2022 12:42 PM To: KellyJohn Subject: BDE-PL20220000501 - 231 Dolphin Cove Ct - Public Hearing Sign Posted on 12/22/2022 Attachments: 92E70613-E837-4F7F-841B-4A205D6B8362.jpeg; CC19C4C3-549B-4DD2- 9223-6BAA81D5CBF7.jpeg I, John Kelly, personally posted a Public Hearing Sign for the above referenced petition, scheduled for hearing by the Hearing Examiner on January 12, 2023, at approximately 1:08 PM. Said sign was posted to the front of the subject property, immediately adjacent to the public right-of-way, as evidenced by the attached photos. Respectfully, John Yeffy Planner II Zoning Division - Zoning Services Section 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.5719 Fax: 239.252.6363 Email: John.Kelly@colliercountvfl.gov TO us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning CO Ter County N Growth Management Department Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Pg. 242 3.C.f ■ r1EASE ■ 4X9 R CT161jcV� '"` N� BOAT DOCK EXTENSION To n111kvn2275-1oo1 NnYlrbaMh anll E4tJn 4l1[Ill'::! Petition No. PL202200005o1 a HEX: January 12, 2023 at 9 a.m. �. Building Growth Management 2600 North Horseshoe Drive, 6091610 John Kelly, Plannerll: (239) 752-5719 �� 'I?L Z,oZZ v000� 3.C.g 231 �e�PM„J er HEARING PACKAGE CHECKLIST A. Backup provided by the County Planner The agent is responsible for all required data included in the digital file of information for the Hearing Examiner (Hex) or the Collier County Planning Commission (CCPC). DO ACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE DOCUMENTS ARE IN THE ORDER DESCRIBED IN "BACKUP PROVIDED BY APPLICANT." Planner responsible for providing the County Attorney -drafted Ordinance for PUDs and placing in backup materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT — STAFF PROVIDES THIS TO THE COUNTY ATTORNEY WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE STAFF REPORT] B. Backup provided by Applicant: PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO PROVIDE DUPLICATES OF ANY DOCUMENTS. PROVIDE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. IF THE BACKUP PROVIDED BY APPLICANT IS IN DISARRAY -MEANING IT IS NOT IN THE PROPER ORDER AND/OR THE APPLICANT PROVIDES MULTIPLE DUPLICATES -THE APPLICANT COULD LOSE ITS HEARING DATE. 6b�__ / Application, to include but not limited to the following: �5j WC, Narrative of request P4,�P�rr Property Information E ✓ Property Ownership Disclosure FormSa �ro ✓ Any other documents required by the specific petition type; such as a variance, N6t o a� dock extension; PUD amendment, rezone request, etc.�,,,,f Disclosure of of Property Ownership Interest (if there is additional documentation aside from a disclosure form) x ✓ Affidavit of I IRifie i_CanUolCL Affidavit of Representation �c Drawings (may include Cross -Section (for BDEs generally), proposed Boat Dock(s) with m Water depth, location maps etc.) _ crs NIM Information (Sign in sheet, notes, minutes and transcript/or summary) 2 Q ✓ Include 3 thumbnail drives of video and/or audio C Traffic Impact Study (TIS) Environmental Data E Historical/Archeological Survey or Waiver Utility Letter Q V / ✓ Deviation Justifications E Revised 5/18/2018 Provide to Agents G:\CDFS Planning Services\Current\Zoning Staff Informatiori\Job Aides or Help Guides a Packet Pg. 244 3.C.g Boundary Survey Other documents, as needed, on a case -by -case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any "private or legal" agreements affecting the PUD etc. Submerged Resource Surveys may be included here if required. flash drive with only one pdf file for all documents R Y I understand that by submitting the above materials, it is the agent's/applicant's responsibility to ensure all materials are in the same order forflesh drive must contain the documents in one pdf file. It is the agent's responsibility to ensure no documentation is left out. � Z ignat re of Age Representative ate Printed Name of Agning Agent Representative Revised5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff lntormation\job Aides or Heip Guides Packet Pg. 245 3.C.g Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE U GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 Qo www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 N DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch. 3 B. of the Administrative Code THIS PETITION IS FOR (check one): DOCK EXTENSION BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION Name of Property Owner(s): Lens Family Trust Name of Applicant if different than owner: John & Lori -Ann Lens Address: 22 Beechtree Drive city: Lakeview state: MA Telephone: Cell: E-Mail Address: jlens@comcast.net Name of Agent(s): Jeff Rogers Firm_ Turrell, Hall & Associates, Inc. Address: 3584 Exchange Ave city: Naples Telephone: 239-643-0166 Cell: 239-784-0081 E-Mail Address: Jeff@thanaples.com PROPERTY LOCATION Section/Township/Range: 05/ 48/ 25 Subdivision: Dolphin Cove Address/ General Location of Subject Property: 231 Dolphin Cove Fax: State: FL Fax: ZIP: 02347 ZIP: 34104 Property I.D. Number: 29910000650 Current Zoning and Land use of Subject Property: RSF-3 Single-family Residential May 8, 2018 Unit: Lot: 8 Block: Page 1 of 6 Packet Pg. 246 CAer County 3.C.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ADJACENT ZONING AND LAND USE Zoning Land Use N RSF-4 Residential Single-family S PUD Audubon Country Club E RSF-3 Residential Single-family W RSF-3 Residential Single-family DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): See attached SITE INFORMATION 1. Waterway Width: 91 ft. Measurement from ❑plat L1eil survey ❑visual estimate ICI other (specify) GIs 2. Total Property Water Frontage: 140 ft. 3. Setbacks: Provided: 45 & 44 ft. Required: 15 & 15 ft. 4. Total Protrusion of Proposed Facility into Water: 22.75 ft. 5. Number and Length of Vessels to use Facility: 1. 32 ft. 2 12 & 12 ft. 6. List any additional dock facilities inclose proximity to the subject property and indicate the total protrusion into the waterway of each: There are numerous other docks within the subject canal and surrounding Little Hickory Bay that have all been granted boat dock extensions ranging from 25-50 feet. 7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? 0.39 Acres Q May 8, 2018 Page 2 of 6 Packet Pg. 247 Col r County 3.C.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 8. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ® Yes FN� No If yes, please provide copies. PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) May 8, 2018 Page 3 of 6 Packet Pg. 248 3.C.g Coe•r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of M either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 1 must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) May 8, 2018 Page 4 of 6 Packet Pg. 249 Cofer County 3.C.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: ❑ Dock Extension ❑ Boathouse Chapter 3 B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 ® ❑ Property Ownership Disclosure Form 1 Signed and Sealed Survey 1 Chart of Site Waterway 1 CD 11 Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip -rap revetment); • Configuration, location, and dimensions of existing and proposed 1 ❑ ❑ facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. Affidavit of Authorization, signed and notarized 1 ® ❑ Completed Addressing Checklist 1 ® ❑ Electronic copy of all required documents *Please be advised: The Office of the Hearing Examiner requires all 1 ❑IEl materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. May 8, 2018 Page 5 of 6 Packet Pg. 250 Goer Count y 3.C.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ® Bays hore/G ateway Triangle Redevelopment: Executive Director ❑ Historical Review ❑ Addressing: Annis Moxam ❑ Parks and Recreation: David Berra ❑ City of Naples: Robin Singer, Planning Director ❑ School District (Residential Components): Amy Lockheart ❑ Conservancy of SWFL: Nichole Johnson ❑ Other: ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ Other: FEE REQUIREMENTS: ❑ Boat Dock Extension Petition: $1,500.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 ❑ An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 eigna7uje of Petiti n r or Agent ate May 8, 2018 Page 6 of 6 Packet Pg. 251 Co er County 3.C.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Pre -Application Meeting Notes Petition Type: BDE Date and Time: Wednesday 2/16/22 - 1 : 30 PM Assigned Planner: John Kelly Engineering Manager (for PPL's and FP's): I Project Information Project Name: Nease - 231 Dolphin Cove Ct (BDE) PL#: 20220000501 PropertylD#: 29910000650 Current Zoning: RSF-3 231 Dolphin Cov Ct.,Bonita Springs, FL 34134 Project Address: eCity: State: Zip• Applicant: Jeff Rogers, Turrell Hall & Associates Inc. Agent Name: Jeff Rogers Phone: 239-643-0166 Agent/Firm Address: 3584 Exchange Ave. City: Naples State: FL Zip: 34104 Property Owner: Lens Family Trust Please provide the following, if applicable: i. Total Acreage: .39 ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 1/12/2021 Page 1 1 of S 0 N C N J 0 U a� 0 U c s a 0 0 M N a m 0 LO 0 0 0 0 N N O N J ILO M N Packet Pg. 252 Co er County 3.C.g COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercountyfl.gov 2800 NORTH HORSESHOE DRIVE 0 NAPLES, FLORIDA 34104 0 (239) 252-2400 c m J Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note — link is https://www.colliercountvfl.gov/Home/ShowDocument?id=75093 i i C ..1• 1Z _ '�. may. • - �i. i/ u _ If Site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddleton(aDInaplesgov.com Allyson Holland AMHollandCaDnaplesgov.com Robin Singer RSingerCCDnaplesgov.com Erica Martin emartinCZDnaplesgov.com Disclaimer. Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 1/12/2021 Page 1 2 of 5 k- 7 O U a� O U c s a 0 0 M N 0 m O u7 O O O O N N O N J IL 2 .r Q Packet Pg. 253 3.C.g Pre -Application Meeting Notes GMD - Zoning Services Planner: John Kelly (239)252-5719 John.kelly(a,colliercountvfl. gov Boat Dock Extension • Complete the required application; respond to each question and sign • Refer to the Final Submittal Requirement Checklist and provide/submit required documents o All submitted plans must be legible when duplicated on 8.5" X 11" standard paper o The final recording of documents is in black & white; minimize the use of color • Provide a Boundary Survey to demonstrate lot dimensions, water frontage, and riparian lines as well as the principal use of the subject property • Either as part of the application, or on a separate sheet, provide a detailed Narrative Statement fully describing the project and what is being requested • On a sheet separate from the application, please provide persuasive and convincing responses to each of the Primary and Secondary Criteria contained within LDC Section 5.03.06.H o state if each criterion has been satisfied or not satisfied o provide sufficient evidence to support any claims such as insufficient water depth, unique a characteristics of the property or waterfront, width of waterway and/or canal to M • Site/Dock Plans 14 N o Site Plans should be measured in feet o Note that the dock facility includes any docked vessel(s); show any vessel(s) on plan o Demonstrate width of property and/or the total property water frontage o Demonstrate side and/or riparian setbacks for the dock facility o Demonstrate amount of dock protrusion using such points of measure as are contained within LDC Section 5.03.06.C.1, Measurement of Dock Protrusion o Demonstrate width of waterway (MHWL to MHWL) and the width between the most waterward point of dock facilities if a dock facility is located on the opposite shore Note that dock facilities should be minimized to allow reasonable, safe access to the vessel(s) for loading, unloading, and routine maintenance without the use of excessive deck area Boathouse • See above for general information • On a sheet separate from the application, please provide persuasive and convincing responses to each of the Boathouse Criteria contained within LDC Section 5.03.06.17 o state if each criterion has been satisfied or not satisfied o provide sufficient evidence to support any claims such as insufficient water depth, unique characteristics of the property or waterfront, width of waterway and/or canal • Site Plans o Demonstrate setback requirements from property and riparian lines, demonstrate the separation from other structures on the site, Demonstrate height of boathouse and type of roof, note that the roof alone may overhang up to 3 feet into the waterway beyond the maximum protrusion and/or setback (plans must show the amount of roof overhang) ?A-6 Packet Pg. 254 Co er County 3.C.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Meeting Notes f�ll/1/i yL/t.vm,rwT-V�� —. ���i-4 � �, �•21;�✓ � � �2..� �,M,i}� L f1 C7�+2 S e�ni f "� �r� �J /�" Other required documentation for submittal (not listed on application): Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 1/12/2021 Page 1 3 of 5 Packet Pg. 255 3.C.g ThomasClarkeVEN Y V From: BrownCraig O o Sent: Wednesday, February 16, 2022 5:42 PM To: ThomasClarkeVEN J Subject: RE: Pre-App Research for Nease-231 Dolphin Cove Ct. (BDE) - PL20220000501 Attachments: Boat Dock Extension Checklist 2017 for customer.doc o U a� Thomas, O U c I will be out until Feb 23Let me know what notes I still owe you. z a o Here are my notes for this one. r M N 0 Please provide a benthic survey with an exhibit to indicate the location of seagrasses or oyster beds within 200 feet of the CO c proposed docking facility. LDC Section 5.03.06.J o 0 0 Please provide a description of the shoreline and any native vegetation present Indicate any proposed impacts to the 0 N N native shoreline vegetation (approximate area in square feet to be impacted) O N J a. Please provide complete answers to Secondary Criteria #5 and #6 See LDC section 5 03 06 H 2 r to M If lighting is proposed, please provide a description of the type and locations on the docking facility. Please provide any written authorization from any state and federal agencies if any approvals have been obtained Please provide written acknowledgment from Homeowners Association for the placement of the dock through the conservation easement. Label the name of any natural waterbody in close proximity to the proposed docking facility. Craig Brown Senior Environmental Specialist Development Review Division (239) 252-2548. How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! From: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Sent: Tuesday, February 15, 2022 4:42 PM To: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>; BeardLaurie <Laurie.Beard @colliercountyfl.gov>; BrownCraig <Craig.Brown @colliercountyfl.gov>; CookJaime <Jaime.Cook@colliercountyfl.gov>; CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>; PerryDerek <Derek.Perry@colliercountyfl.gov>; OrtmanEric <Eric.Ortman@colliercountyfl.gov>; FaulknerSue <Sue.Faulkner@colliercountyfl.gov>; FeyEric c: Packet Pg. 256 3.C.g Residential Boat Dock Extension Checklist FOR APPLICANTS Submerged Resources Survey Checklist Is there an overlay? ST overlay needs an ST permit (much of Isle of Capri & Keewaydin has an ST Overlay over the water) 2. Include an aerial with a note indicating whether seagrass beds exist within 200 feet of the proposed dock facility. (LDC 5.03.06 J) Provide a submerged resources survey from an Environmental Consultant done between April. and October. 3. All proposed dock facilities shall be located and aligned to stay at least ten feet from any existing seagrass beds, or meet restrictions for continuous beds. (LDC 5.03.06 J.) 4. Provide complete answers to Secondary Criteria #5 & #6. 5. Demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom communities have been minimized. (LDC 5.03.06 J .4) 6. Provide a clearing plan for removal of any vegetation related to the boat dock. This is simply an information exhibit being requested. Are there any draft restrictions? Look at the MPP. Note: Draft restrictions exist for Wiggins Pass. Keewaydin: BDE not required for Keewaydin - Most always need an ST permit related to a Building Permit— water and land have ST Overlay SUGGESTED FORMAT AND INFORMATION TO INCLUDE IN SUBMERGED RESOURCES SURVEY ➢ Location of survey — property address and folio# o The survey shall indicate any seagrass or seagrass beds located within 200 feet on any proposed dock facility (5.03.06.J). In order for this to be accomplished, any within 200 feet of the proposed dock (within the riparian lines of the property and adjacent to the property) shall be surveyed. ➢ Who did the survey — which firm and their contact information including name, address, phone #, email ➢ What date was the survey conducted? Ouidance from FW is to db ietween April and t�ctober o Weather conditions, water temperature, low tide & high tide times ➢ Objective of Survey & Work done on the site o Was the site snorkeled? o What methodologies were used? o Was a GPS used? o Was an aerial photograph reviewed and used to establish survey transect lines? ➢ Results o What was found? Substrate and what kind? Seagrass, shell, oysters? o What was along the shoreline? Mangroves, seawall, etc? 0 LO 0 0 0 0 N N 0 N J d r to M Page- -oft a '3 .3 Packet Pg. 257 3.C.g o Why does the consultant think no submergerd resources were found? o Other observations ➢ When seagrass is found, include all requirements of LDC section 5.03.06. J. ➢ Conclusions o Were any submerged resources found? If yes, what? o Are any impacts to submerged resources expected or proposed? ➢ Pictures (suggested angles) o Looking toward and away from the shoreline o The proposed location of the boat access o Observations in the water - Any oyster debris, shell, seagrass ➢ Aerial photograph o Where new docking facilities or boat dock extensions are proposed, the location and presence of seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph having a scale of 1 inch to 200 feet when available from the County, or a scale of 1 inch to 400 feet when such photographs are not available from the County. (LDC 5.03.06.J) o An aerial is required even when seagrasses are not found. The aerial shall indicate whether seagrasses were found within 200 feet of the proposed dock facility. 5.03.06. J. (LDC section up to date as of 2017) Protection of seagrass beds. Seagrass or seagrass beds within 200 feet of any proposed docks, dock facilities, or boathouses shall be protected through the following standards: 1. Where new docking facilities or boat dock extensions are proposed, the location and presence of seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph having a scale of 1 inch to 200 feet when available from the County, or a scale of 1 inch to 400 feet when such photographs are not available from the County. The location of seagrass beds shall be verified by the County Manager or designee prior to issuance of any project approval or permit. 2. All proposed dock facilities shall be located and aligned to stay at least 10 feet from any existing seagrass beds, except where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, and to minimize negative impacts to seagrasses and other native shoreline, emergent and submerged vegetation, and hard bottom communities. 3. Where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, the applicant shall be allowed to build a dock across the seagrass beds, or a docking facility within 10 feet of seagrass beds. Such docking facilities shall comply with the following conditions: a. The dock shall be at a height of at least 3.5 feet NGVD. b. The terminal platform area of the dock shall not exceed 160 square feet. c. The access dock shall not exceed a width of 4 feet. d. The access dock and terminal platform shall be sited to impact the smallest area of seagrass beds possible. The petitioner shall be required to demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom communities have been minimized prior to any project approval or permit issuance. 0 0 c as J 0 U as 0 U c a 0 0 M N 0 m 0 LO 0 0 0 0 N N 0 N J a M N Page 2-oi2 Packet Pg. 558 3.C.g Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.eov (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL# 20220000501 Collier County Contact Information: Name Review Discipline Phone Email ❑ Maggie Acevedo North Collier Fire 252-2309 macevedo@northcollierfire.com ❑ Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov ❑ Shar A.Beddow MSM/Deputy Fire Marshal - Greater Naples Fire 241-1422 sbeddow@gnfire.org ❑ Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov ❑ Laurie Beard PUD Monitoring 252-5782 laurie.beard@colliercountyfl.gov Craig Brown Environmental Specialist 252-2548 craig.brown@colliercountyfl.gov ❑ Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov Cd� Thomas Clarke Zoning Operations Analyst 252-2584 thomas.clarke@colliercountyfl.gov ❑ Jamie Cook Development Review Director 252-6290 Jai me.cook@colliercountyfLgov ❑ Gabriela Castro Zoning Principal Planner 252-4211 gabriela.castro@colliercountyfl.gov ❑ Maggie DeMeo North Collier Fire 252-2308 pdemeo@northcollierfire.com ❑ Eric Fey, P.E. Utility Planning 252-1037 eric.fey@colliercountyfl.gov ❑ Tim Finn, AICP Zoning Principal Planner 252-4312 timothy.finn @colliercountyfLgov ❑ Sue Faulkner GMP - Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov ❑ Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov / Le' Cormac Giblin, AICP Development Review -Planning Manager 252-5095 Cormac.giblin@colliercountyfl.gov ❑ Nancy Gundlach, AICP Zoning Principal Planner 252-2484 nancy.gundlach@colliercountyfl.gov ❑ Rachel Hansen GMP — Comprehensive Planning 252-1142 Rachel. hansen@colIiercountyfLgov ❑ Richard Henderlong Zoning Principal Planner 252-2464 richard.henderlong@colliercountyfl.gov ❑ John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 aIicia.humph ries@colliercountyfLgov ❑/ Anita Jenkins Planning & Zoning Director 252-5095 Anita.jenkins@colliercountyfl.gov �✓ John Kelly Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov ❑ Parker Klopf GMP —Comprehensive Planning 252-2471 Parker.klopf@colliercountyfl.gov ❑ Troy Komarowski North Collier Fire 252-2521 tkomarowski@northcollierfire.com ❑ Sean Lintz North Collier Fire 597-9227 slintz@northcollierfire.com ❑ Diane Lynch Operations Analyst 252-8243 diane.lynch @colliercountyfLgov ❑ Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfl.gov ❑ Jack McKenna, P.E. Engineering Services 1 252-2911 1 jack. mckenna@colIiercountyfLgov Updated 1/12/2021 Page 1 4 of 5 M N 0 m 0 N 0 0 0 0 N N 0 N J d to Cl) V N Packet Pg. 259 3.C.g Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.eov (239) 252-2400 ❑ Matt McLean, P.E. Division Director - IF, CPP & PM 252-8279 matthew.mclean@colliercountyfl.gov ❑ Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov ❑ Richard Orth Stormwater Planning 252-5092 richard.orth@colliercountyfl.gov ❑ ric Ortman Zoning Principal Planner 252-1032 Eric.Ortman@colliercountyfl.gov Derek Perry Assistant County Attorney 252-8066 Derek. perry@colliercountyfLgov ❑ Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfl.gov ❑ Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com ❑ Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblum@colliercountyfl.gov ❑ James Sabo, AICP GMP, Comp Planning Manager 252-2708 james.sabo@colliercountyfl.gov ❑ Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corby.schmidt@colliercountyfl.gov ❑ Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov ❑ Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov ❑ Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov ❑ Connie Thomas Client Services Supervisor 252-6369 Consuela.thomas@colliercountyfl.gov ❑ Jessica Velasco Client Services 252-2584 jessica.velasco@colliercountyfl.gov ❑ Jon Walsh, P.E. Building Review 252-2962 jonathan.walsh@colliercountyfl.gov ❑ Kirsten Wilkie Environmental Review Manager 252-5518 kirsten.wilkie@colliercountyfl.gov ❑ Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov ❑ Daniel Zunzunegui North Collier Fire 252-2310 Daniel.Zunzunegui@colliercountyfl.gov Additional Attendee Contact Information: Name Representing Phone Email Updated 1/12/2021 Page 1 5 of 5 Packet Pg. 260 3.C.g Co ter C014 ty Growth Management Department Zoning Division Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20220000501— Nease-231 Dolphin Cove Ct (BDE) Planner- John Kelly Assigned Ops Staff: Thomas Clarke STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request Jeff Rogers — Turrell, Hall & Associates, Inc. 239-784-0081 • Agent to list for PL# Jeff Rogers • Owner of property (all owners for all parcels) Steve Nease • Confirm Purpose of Pre-App: (Rezone, etc.) Single-family BIDE and Boathouse • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): Single-family Details about Project: New dock, boatlift and boathouse on vacant residential lot. REQUIRED Supplemental Information provided by: Name: Jeff Rogers Title: Consultant Email: Jeff@thanaples.com Phone: 239-643-0166 or 239-784-0081 Cancellation/Reschedule Requests: Contact Danny Condomina-Client Services Supervisor danny.condomina@colliercountyfl Phone: 239-252-6866 L) O 0 J 0 U a� O U c t a 0 0 M N a m r O Ln O O O O N N O N J IL M v N Created April 5, 2017 Location: K:\CDES Planning Services\Current\Zoning Staff Information Q a: C d E t — V IC T ZoNng Division • 2800 North Horseshoe Drive • Naples, Florida 34104.239-252-2400 • vm+w.collergov.net Packet Pg. 261 COW.r Count y 3.C.g COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the 0 C. ci l.cI Ida r,C VI Z�U l,11 IIIICI CJ I. I Name and Address I % of Ownershin I If the property is owned by a CORPORATION, list the officers and stockholders and the erceniage oT stocK owned by each: I Name and Address I % of Ownership I If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the e oT interest: I Name and Address I % of Ownership I Created 9/28/2017 Page 1 of 3 Packet Pg. 262 Co*.r Count y 3.C.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the e f E7 enerdi dna/or umitea partners: Name and Address % of Ownership 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 AFL.. ,. ,,.. a..__LL _I_I _-__ I-- r• Cl J, uCA ICI IL.Id11CZ>, Ul Pdl LI ICI S. Name and Address I % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or a Date subject property acquired ❑ Leased: Term of lease , or trust: Name and Address years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Packet Pg. 263 3.C.g Corer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Date of option: 3 0 U Date option terminates: or 0 Anticipated closing date: c) c a AFFIRM PROPERTY OWNERSHIP INFORMATION o M N 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 m individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County ,CD immediately if such change occurs prior to the petition's final public hearing. c 0 0 As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is c included in this submittal package. I understand that failure to include all necessary submittal information may result N J in the delay of processing this petition. a The completed application, all required submittal materials, and fees shall be submitted to: i° Iq Growth Management Department NN.. ATTN: Business Center N 2800 North Horseshoe Drive m Naples, FL 34104 E Agent/Owner Signature Agent/Owner Name (please print) Created 9/28/2017 Date Page 3 of 3 Packet Pg. 264 Co*,r County 3.C.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: ❑ Dock Extension ❑ Boathouse Chapter 3 B. of the Administrative Code I ne following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 Property Ownership Disclosure Form 1 Signed and Sealed Survey 1 Chart of Site Waterway 1 ❑ 13/ Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip -rap revetment); • Configuration, location, and dimensions of existing and proposed 1 ❑ facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. Affidavit of Authorizationsigned and notarized 1 ® ❑ Completed Addressing Checklist 1 ® ❑ Electronic copy of all required documents *Please be advised: The Office of the Hearing Examiner requires all 1 ❑ materials to be submitted electronically in PDF format. p mgrc- ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. Please contact the project manager to confirm the number of additional copies required. May 8, 2018 Page 5 of 6 Packet Pg. 265 CO 6Y County 3.C.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Historical Review ❑ Addressing: Annis Moxam ❑ Parks and Recreation: David Berra ❑ City of Naples: Robin Singer, Planning Director ❑ School District (Residential Components): Amy Lockheart ❑ Conservancy of SWFL: Nichole Johnson Other: iv✓�Rx�c_ ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ Other: FEE REQUIREMENTS: -'-Boat Dock Extension Petition: $1,500.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Signature of Petitioner or Agent Date 0 LO 0 0 0 0 N N O N J a. M N May 8, 2018 Page 6 of 6 Packet Pg. 266 4� Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be si , n�Y 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) m ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) LO 0 BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) c ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) c 10 ❑ CU Conditional Use) ) ❑SIP (Site Improvement Plan) N N ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) c N ❑ FP (Final Plat ❑ SNR (Street Name Change) _J a ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) (.0 ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) N ❑ RZ (Standard Rezone) ❑ OTHER a� LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) DOLPHIN COVE LOT 8 T48, R25, SO5 FOLIO (Property ID) NUMBER(s) of above (attach to, orassociate with, legal description if more than one) 29910000650 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 231 Dolphin Cove Ct, Bonita Springs, FL 34134 • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right of -way • SURVEY (copy -needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL # Rev. 6/9/2017 1 Packet Pg. 267 4� Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Return Approved Checklist By: [�] Email Applicant Name: Jeff Rogers Phone: 239-643-0166 ❑ Fax ❑ Personally picked up Email/Fax: tuna@thanaples.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 29910000650 Folio Number Folio Number Folio Number Folio Number Folio Number 2 2 Approved by: a f 7+ Date: 1 / 0/ 022 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Rev. 6/9/2017 Packet Pg. 268 3.C.g to CO) 14 N 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. Packet Pg. 269 CAT Count 3.C.g COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 I 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 C. 'cik1ci1Lage ui sucn interest: Name and Address % of Ownershin If the property is owned by a CORPORATION, list the officers and stockholders and the lerCeniage oT STOCK owned by each: Name and Address % of Ownershia 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 l 5340 Created 9/28/2017 Page 1 of 3 Y 0 0 N C N J 0 U d 0 U 's a 0 0 M N 0 m 0 O O O O N N O N J a c� M N Packet Pg. 270 Cover County 3.C.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.coiliereov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP. list the name of the e f 9- enerai ana/or iimitea partners: Name and Address % of Ownership 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 racers, stocKnoiaers, Denenaaries, or partners: Name and Address % of Ownershin Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or ., 1. i, I IJUIauv[I, pc1[ UlerJ!Ilpt Ur Cfusi: Name and Address Date subject property acquired ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Y U 0 0 N C N J 0 U d 0 U c 's a 0 0 M N m 0 0 0 0 0 N N 0 N J a c� M N Packet Pg. 271 siaco*er Count 3.C.g COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.coiliergov.net Date of option: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Date option terminates: or Anticipated closing date: I AFFIRM PROPERTY OWNERSHIP INFORMATION I 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) Created 9/28/2017 Page 3 of 3 0 0 N C W J 0 U m 0 U c 's a 0 M N m 0 O O 0 0 N N O N J a co M N Packet Pg. 272 3.C.g AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL2022000050i I, John Lens _s,xAP E; (print name), as owner (title if applicable) of The Lens Family Trust (company, If a IicabJe), swear or affirm under oath, that I am the (choose one) owner applicant®contract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Jeff Rogers- Turrell, Hall & Associates. Inc. to act as our/my representative in any matters regarding this petition Including I -through 2 above. *Notes: o 0 c, If the applicant is a corporation, then it is usually executed by the core. pres. or v. pres. N o If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should o typically be signed by the Company's "Managing Member." N J If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. a- * If the applicant is a IGmited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. M If the applicant is a trust, then they must include the trustees name and the (words "as trustee". cam•, o In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. `n Under penalties of perjury, I declare that 1 have read the foregoing Affidavit of Authorization and that the facts stated in it are true. ��` .+•-� � � � March 12 2022 t Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument w s ;worn to (or affirmed) and subscribed before me on (date) by � -11 0- (nam of person pro Idln oat or a rmation), as -C Wre-l-e - who is personally known e or who ha duce (type of identification) as identification. /'' I , 'r , // A A STAMPISEAL SI a i N of +rrrw MORCAN B. R ice• °�;;; OOGERS MY COMMISSION # GG M17 ;3, f ryoag�• ; EXPIRE$: May 20, 2o23 ':n.ad 7ivu Yel ay Public Unden>irpefa< CP\08-COA-00115\155 REV 3/24114 Packet Pg. 273 3.C.g Narrative Description: The proposed Boat Dock Extension request is for a single-family dock located within man-made canal just off Little Hickory Bay. The subject property has a single- family residence currently being constructed on the upland area and has approximately 140- linear feet of shoreline. The subject shoreline consists of a man-made rip -rap bank with mangroves throughout all of which are located within the 10-foot conservation easement (CE) as outlined per PB 19, Pages 55-56. The subject waterway is approximately 91-feet wide as measured from MHWL to MHWL and in this case the MHWL is the most restrictive point. The proposed dock design consists of a U-shaped dock a boathouse and two boatlifts which is consistent with other existing previously approved docks on the subject canal. As proposed the dock will protrude approximately 22.75-feet or 25% into the waterway as well as provide 44 and 45-foot side yard setbacks from the subject property's riparian lines. The dock will also consist of two boatlifts one to accommodate a 32-foot vessel and the other being a decked over boatlift to accommodate 2 personal watercrafts (PWC's). Additionally, the dock will include a boathouse over the large boatlift which has been designed to meet the Collier County LDC design criteria for boathouses. Please see attached boathouse criteria. to M N Packet Pg. 274 3.C.g 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. 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 N warrants no more than 2 slips per the CC-LDC. The proposed project consists of a. constructing a new docking facility with a boathouse which will have two boatlifts. The proposed dock extends out 22.75-feet from the Mean High -Water Line M (MHWL) and therefore we are requesting a 2.75-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 based on the existing rip -rap shoreline which includes a 10-foot Conservation Easement and mangroves. Water depths within the allowed 20-feet are restrictive but are not the sole reason for this BDE request. Criterion Not Met 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 within the subject waterway. As proposed the dock and boatlifts will not impact navigation as some of the adjacent neighboring docks extend out past what the applicant is requesting Packet Pg. 275 3.C.g within this BDE. The overall protrusion has been reduced to the fully extent possible and be within 25% of the waterway width. 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 approximately 91-feet wide. The proposed dock protrusion is 22.75-feet which is 25% width of the waterway. Criterion Met c 0 0 0 5. Whether or not the proposed location and design of the dock facility is such that the N facility would not interfere with the use of neighboring docks. (The facility should not CN interfere with the use of legally permitted neighboring docks.) a The proposed docking facility has been designed to be consistent with the other r N existing and previously approved docking facilities on the subject waterway. This is a new dock structure but will be within the required side yard setbacks as well as centrally located along the subject property's shoreline. Due to this no neighboring E views or access will be negatively impacted as the proposed dock is consist with all o the previously approved docks along the subject shoreline. 0 Criterion Met Packet Pg. 276 3.C.g SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) The subject property shoreline has three special conditions taken into consideration which justify the proposed dock design and associated dimensions. These conditions consist of the rip -rap shoreline, associated mangroves, and the 10-foot-wide conservation easement all of which do not allow the proposed dock to be constructed within 20-feet from the MHWL. 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.) The proposed docking facility design has been fully minimized and still provides M routine access to the vessels as well as provide area for recreational activities for fishing and storage for kayaks or paddleboards. 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 30-feet to 12-feet long. Based on the vessels length this criterion is met as the 1 vessel and 2 PWC's will not exceed the allowed 50% of the subject property's linear shoreline. Criterion Met 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) As proposed the dock has been designed within the designated property lines and riparian lines with the required side yard setbacks of 15-feet. All adjacent properties have docks which are consistent with what we are proposing therefore the views will be about the same. Packet Pg. 277 3.C.g Additionally, this is a boating community and is expected to have docks, associated boatlifts, and vessels along the subject waterway and therefore no impacts to neighboring property views of the waterway will result from the proposed project. 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 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 V_ to Manatee Protection Requirements. N N/A Packet Pg. 278 3.C.g Boathouse Criteria LDC Section 5.03.06(F) 1. Minimum side setback requirement: Fifteen feet. As proposed the dock will provide a 44-foot setback and a 45-foot setback. Therefore, this criterion is met. 2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet, whichever is less. The roof alone may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks. Please see attached exhibits, the cross-section view verifying the proposed boathouse roof will extend out into the waterway no more than 22.75-feet from the MHWL, which is 25% width of the subject waterway. 3. Maximum height: Fifteen feet as measured from the top of the seawall or bank, whichever is more restrictive, to the peak or highest elevation of the roof. Please see attached exhibits indicating the proposed boathouse roof will be 15-feet above the top of dock. 4. Maximum number of boathouses or covered structures per site: One. This criterion is met. 5. All boathouses and covered structures shall be completely open on all 4 sides. This criterion is met. 6. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style. A single-family dwelling unit must be constructed on the subject lot prior to, or simultaneously with, the construction of any boathouse or covered dock structure. The proposed roofing material will match the upland principal structure therefore this criterion is met. 7. 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N Z W W U V U 3 >K 7 U 3.C.g LENS FAMILY DOCK 231 DOLPHIN COVE CT BONITA SPRINGS, FL 34134 SUBMERGED RESOURCE SURVEY APRIL 2022 PREPARED BY: TURRELL, HALL & ASSOCIATES, INC 3584 EXCHANGE AVENUE, STE B NAPLES, FL 34104 Packet Pg. 291 3.C.g Lens Family Dock Submerged Resource Survey April 2022 1.0 INTRODUCTION The Lens Family dock and associated residence is located at 231 Dolphin Cove Ct and can be further identified by parcel #29910000650. The property is bound to the east and west by single family residences, to the north by subject canal, and to the south by Dolphin Cove Court. The property is located at Section 5, Township 48, and Range 25. The landward portion of the property currently consist of a vacant single-family residential lot that is about to be under construction. 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 82' F at the time of the survey. The tide was a low tide upon arrival to the site, low tide at the project site occurred at 10:52 A.M. (0.9 ft.) and high tide had occurred following our arrival onsite at 4:21 P.M. (2.2 ft.). The water temperature was 74' F. Irl to CO) 14 2.0 OBJECTIVE PIC 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). W Packet Pg. 292 3.C.g Lens Family Dock Submerged Resource Survey April 2022 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. The components for this survey included: • Review of aerial photography of survey area • Establish survey transects lines overlaid onto aerials • Physically swim transects, GPS locate limits of submerged resources, and determine approximate percent of coverage • Document and photograph all findings The survey area was evaluated systematically by following the established transects, spaced approximately 10-feet apart as shown on the attached exhibit. The existing 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 muck with minimal shell debris, which was observed throughout the entire surveyed area. The shoreline consists of a natural rip -rap and mangrove bank which currently supports a variety of fish as well as sessile and motile invertebrates such as barnacles and mud crabs growing the rocks and mangrove roots. Some of the existing rocks carried historic fragments or remains of oysters, but no live individuals were observed. Algae was observed covering parts of the deeper submerged areas within the canal 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 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 Mu it ce halus Shee shead Archosar us probatocephalus Crevalle Jack Caranx hippos Gray Snapper Luyanus grisens Barnacle Am hibalanus spp. Mud Crab Pano ius herbstii Snook Centropomus undecimalis to M N Packet Pg. 293 3.C.g Lens Family Dock Submerged Resource Survey April 2022 5.0 CONCLUSIONS The submerged resource survey conducted at the project site yielded few findings at best. Barnacles, mud crabs, and historic indicators of oysters could be seen on the riprap and on the adjacent dock pilings. The mangroves and natural shoreline area provides additional cover and habitat for fish and other marine life to utilize. Seagrasses were not observed anywhere near the project site. All fish species were observed swimming in and around the dock and subject shoreline. Negative impacts to submerged resources are not expected with the proposed project. EXISTING PROPERTY & MANGROVE SHORELINE Typical Bottom Sediment 2 EXISTING ADJACENT DOCKS ON WATERWAY Observed Oyster Debris Covered with Silt co M 14 N Packet Pg. 294 3.D 02/09/2023 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.13 Doc ID: 24497 Item Summary: ***This item was continued from the January 26, 2023, HEX Meeting*** PETITION NO. CU- PL20210001657 - Request for approval of a Conditional Use for the Collier County Water Sewer District to allow a sewage treatment plant and its expansion, superseding Resolution No. 94-533 and pursuant to subsection 2.01.03.G.1.c of the Collier County Land Development Code, on 16 f acres located at 4931 32nd Ave SW in Section 28, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: Timothy Finn, Principal Planner III] Commission District 3 Meeting Date: 02/09/2023 Prepared by: Title: Operations Analyst — Planning Commission Name: Diane Lynch 02/01/2023 2:45 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 02/01/2023 2:45 PM Approved By: Review: Growth Management Operations & Regulatory Management Diane Lynch Review Item Skipped 01/30/2023 3:49 PM Hearing Examiner (GMD Approvers) Diane Lynch Zoning Diane Lynch Zoning Zoning Hearing Examiner Diane Lynch Diane Lynch Andrew Dickman Review Item Skipped 01/30/2023 3:49 PM Review Item Skipped 01/30/2023 3:49 PM Review Item Skipped 01/30/2023 3:49 PM Division Director Skipped 01/30/2023 3:49 PM Meeting Pending 02/09/2023 9:00 AM Packet Pg. 295 3.D.a Coffier County UMW STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JANUARY 26, 2023 SUBJECT: CU-PL20210001657; GOLDEN GATE WATER RECLAMATION FACILITY PROPERTY OWNER/AGENT: Owner: Collier County Water Sewer District 3339 Tamiami Trail E, Suite 303 Naples, FL 34112 REQUESTED ACTION: Agent: D. Wayne Arnold, AICP Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 To have the Collier County Hearing Examiner (HEX) consider an application for approval of a Conditional Use for the Collier County Water Sewer District to allow a sewage treatment plant and its expansion, superseding Resolution 94-533 and pursuant to subsection 2.01.03.G. Lc of the Collier County Land Development Code and revising the overall site plan (Attachment A) and conditions of approval (Attachment B). GEOGRAPHIC LOCATION: The subject property is comprised of 16+ acres and is located at 4931 32nd Avenue SW in Section 28, Township 49 South Range 26 East, Collier County, Florida. (See location map on page 3) PURPOSE/DESCRIPTION OF PROJECT: The subject property is 16+/- acres in size and is located on the northwest corner of 32nd Ave SW and Tropicana Boulevard. The property is located in the Golden Gate City Sub Element, Mixed Use District, Urban Residential Subdistrict on the Golden Gate City Future Land Use Map. The property is zoned Residential Single Family (RSF-3) district. CU-PL20210001657, GOLDEN GATE WATER RECLAMATION FACILITY Revised Date: December 22, 2022 Page 1 of 12 Packet Pg. 296 3.D.a In 2018, Collier County acquired this water reclamation facility from Florida Governmental Utility Authority. In an effort to upgrade and expand wastewater treatment capacity for the Golden Gate City area, Collier County is proposing to incrementally expand the treatment capabilities of this facility from its current treatment capacity of 1.5 mgd. The existing site is sufficiently sized to accommodate the proposed rehabilitation of some of the existing treatment equipment and the addition of more modern treatment systems which will support the treatment capacity. The newly renamed "Central County Water Reclamation Facility" will utilize state-of- the-art membrane bioreactor (MBR) technology with closed tanks that produce irrigation -quality water. The site has been utilized as a wastewater treatment facility since 1984 and the capacity was increased to its current capacity in 1994 via Resolution 94-533 (See Attachment D). The Water -Sewer District has acknowledged that the plant expansion is necessary, and it is a funded improvement in order to meet established level of service standards. The site will remain compatible with the surrounding residential properties as it will have a type `B' perimeter landscape buffer around the entire site as required by the LDC. The site is separated from nearby homes by canals and road ROW. The treatment capacity increase will also provide for the County to utilize more modern treatment systems which will utilize covered tanks as well as odor control systems not currently utilized in the existing treatment plant. Additional access points to the treatment facility are proposed to be located on Tropicana Boulevard. These two new access points will be aligned with 31st Ave S.W. and 31st Place S.W. All access points to the treatment facility are gated and secured. The additional access points will facilitate the delivery and maintenance of vehicles. The internal site circulation will reduce vehicular backing movements and thereby reducing noise associated with backup alarms. [Space Intentionally Left Blank] CU-PL20210001657, GOLDEN GATE WATER RECLAMATION FACILITY Revised Date: December 22, 2022 Page 2 of 12 Packet Pg. 297 uaploJ - L99MUZOZld : L6VVz) no Amiou uoi}eweioau aa}eM a}eo uopio!D -:,odeN j}e}g :}uewt43e}}b 00 0 N M � a r m ea a come[ DUE w � LO V Q ` C7 Y W IH n CL J a � o J � � r- I w n a ❑A-113 eqJe9 a}ueS CU-PL20210001657, GOLDEN GATE WATER RECLAMATION FACILITY Revised Date: December 22, 2022 CL ca N 0 v r N a N J E c 0 Page 3 of 12 LO uaploJ - L99WOUNZ-1d : L6tibZ) no AIIIIou uolleweloam jaim am) uapm)-:podam }IBIS :Iu8wLj3gjv q M ZI,;o b abed vi ZZOZ 'ZZ aagwaaaa :Ole(] paSIAab .111�10V:J NOUVIAV10D2J 2OiVM 31V9 N34109 'L9910001Z0Z1d-no — —wee w NV311e MVN9A0 $$ € �w=•�•w'a om ,C�Y�I►lprJ OrJ 3en IVN0111a NCO @ r NL`�WYmo Alf}: Yy � s N731 tl1LL31 � � rc�iwwro�aavM urnoovalra� fpy x�ij� j d 3311MMAM)OJN3F1100 Y 8 $ w --Kt-4K C N Q r V7 2 ? m d O ao ❑ Y❑ o❑Lu Oq N ro o of ¢ O Er m tLO N mm wZ rm — I � � li d a w I •anxe vNraraoac �r frlr far riolilvio�a�l�� �I��i��—��i��_�[ I—' Zl$flE-3tlPJa`9aY-183tlA13OM SL — — � 1 111 a HP 1 w w Ill '� ole $1 {isEdI. Im II � cq. l�Im lol w �� I �'d III 1 w�c ❑ wk2all _ I11 �1 51 0 ��h moraUSSII S'L"' 1 c� C+. _ -� —1 1 HIPII i� r$ r rrlrr�irirri r r� �r rEir rirr rill d � ]YNYJ'fRIIfS I 3.D.a SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the subject property, which is developed with a sewage treatment plant and zoned Residential Single Family (RSF-3) zoning district: North: Tropicana Canal, then developed with single-family residential, with a current zoning designation of Residential Single Family (RSF-3) zoning district East: Tropicana Boulevard (two-lane local road), then developed with single-family residential, with a current zoning designation of Residential Single Family (RSF-3) zoning district South: 32nd Avenue SW (two-lane local road), then developed with single-family residential, with a current zoning designation of Residential Single Family (RSF-3) zoning district West: Shell Canal, then developed with single-family residential, with a current zoning designation of Residential Single Family (RSF-3) zoning district Aerial (Grady Minor) CU-PL20210001657, GOLDEN GATE WATER RECLAMATION FACILITY Revised Date: December 22, 2022 Page 5 of 12 Packet Pg. 300 3.D.a GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed this request and offered the following comments: Future Land Use Element (FLUE): The subject property is designated as part of the Urban Residential subdistrict of the Urban Designation of the Golden Gate City Sub -Element of the Golden Gate Area Master Plan Element of the Growth Management Plan. Currently, the property is home to a Water Treatment plant that was constructed back in 1984 to provide reusable water to the residents of Golden Gate City. The FLUE states, "the Urban Designation will also accommodate future non-residential uses including essential services as defined by the most recently adopted Collier County Land Development Code." Per LDC 2.01.03.G.1.c., major re - pump stations sewage treatment plants, including percolation ponds, and water aeration or treatment plants, are allowed in any district subject to CU approval. This project is intended to increase the capacity of the site to keep up with the demand of the growing population. It is therefore the opinion of Comprehensive Planning staff that the proposed reclamation facility is consistent with the Golden Gate Area Master Plan and the applicable Golden Gate City Sub - Element. Transportation Element: The project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, which states, "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five-year AUIR planning period unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occurs: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and C. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " According to the Transportation Impact Statement (TIS) dated August 19, 2021, provided with this petition; the proposed Golden Gate Wastewater Treatment Conditional Use will generate a CU-PL20210001657, GOLDEN GATE WATER RECLAMATION FACILITY Revised Date: December 22, 2022 Page 6 of 12 Packet Pg. 301 3.D.a projected total of +/- 7 PM peak hour two-way trips on the following roadway segments with the listed capacities according to the 2021 and 2022 AUIR: Roadway/ID Link Current Peak Hour Peak Direction Service Volume/Peak Direction 2021 AUIR LOS 2021 AUIR Remaining Capacity 2022 AUIR LOS 2022 AUIR Remaining Capacity * Golden Santa 1,980/East D 230 C 470 Gate Barbara to Parkway/22.0 Collier Boulevard **Collier Golden 3,000/North D 509 D 279 Boulevard Gate (CR Parkway to 951)/32.2 Golden Gate Main Canal *This Road Segment is Designated as "Constrained". Constrained indicates that the segment has a Service Volume increase of +10% by the BCC. **This Road Segment has a Trip Bank Expected Deficiency in 2030-31. This segment is in the current County Road improvement work program to a 6-lane configuration. Construction is projected from late 2024 to early 2027. Note: The proposed development has a de minimus (less than 1%) impact on the adjacent roadway segment. Based on the 2021 and 2022 AUIR, the adjacent roadway network has sufficient capacity to accommodate the proposed new trips for this development within the 5-year planning period. Additionally, the proposed development represents a de minimus impact on the adjacent road network. Therefore, the subject Rezone can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this development. Stormwater Review: The proposed conditional use expansion request is not anticipated to create drainage problems or adverse stormwater management impacts on surrounding properties in the area. Stormwater best management practices, treatment, and storage will be addressed through the environmental resource permitting process with the Florida Department of Environmental Protection (F.D.E.P.). Additionally, the same Best Management Practices, Erosion Control Measures, and Pollution Prevention Plan associated with the current permitted operation will continue to be used for the proposed expansion. CU-PL20210001657, GOLDEN GATE WATER RECLAMATION FACILITY Revised Date: December 22, 2022 Page 7 of 12 Packet Pg. 302 3.D.a Landscape Review: The buffers labeled on the Master Concept Plan meet or exceed LDC requirements. The height of the trees mentioned in condition #2 along Tropicana Blvd. and 32nd Ave. SW is a minimum 4 feet taller than the code minimum. Utility Review: The project lies within the regional potable water service area and the Golden Gate wastewater service area of the Collier County Water -Sewer District (CCWSD). The project already receives CCWSD water and wastewater services. Sufficient water and wastewater treatment capacities are available. Environmental Review: Environmental Services staff has reviewed the Conditional Use petition to address environmental concerns. The property had been historically cleared and maintained clear of native vegetation; therefore, no preservation is required. No listed animal species were observed on the property. The property was cleared of vegetation prior to 1973 as part of the Golden Gate Regional Development, which predated the adoption of the Conservation and Coastal Management Element, which was adopted in 1997. Additionally, the current wastewater treatment plant was issued a Site Development Plan in 1994 (SDP 94-09). The property is in Wellfield Risk Management Special Treatment Overlay zones (ST/W-3 and ST/W-4) and must address groundwater protection in accordance with LDC Section 3.06.12.M.3 Due to the proximity of this property to private drinking water wells, Pollution Prevention Best Management Practices (BMPs) must be provided at the time of PPL or SDP review. This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Conservation & Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site has been cleared and maintained clear of native vegetation; no preservation is required. STAFF ANALYSIS: When considering a Conditional Use petition, the HEX must make findings that 1) approval of the Conditional Use will not adversely affect the public interest and will not adversely affect other properties of uses in the same district of a neighborhood; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Section 2.01.03.G.1.c, of the LDC permits conditional uses in the Residential Single Family (RSF-3) zoning district The requested use for a sewage treatment plant is allowed as a conditional use in the Residential Single Family (RSF-3) zoning district, subject to the standards and procedures established in section 10.08.00, conditional uses procedures, of the LDC. CU-PL20210001657, GOLDEN GATE WATER RECLAMATION FACILITY Revised Date: December 22, 2022 Page 8 of 12 Packet Pg. 303 3.D.a 2. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). This request is consistent with the GMP and, with the conditions proposed by staff, this project will comply with the applicable provisions of the Land Development Code (LDC). 3. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Ingress and egress to the subject property will be limited to two gated access points on 32nd Avenue S.W. and two gated access points on Tropicana Blvd as shown on the master site plan. The TIS submitted by the applicant indicates that the proposed capacity expansion of the Golden Gate Wastewater Treatment Plant will not have a significant or negative impact on the surrounding road network. It was verified that all roadways within the project's area of impact, currently have a surplus of capacity and can accommodate the traffic associated with the proposed public -utility land use. 4. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic, or odor effects. The proposed plant expansion includes modernization of the treatment process which will reduce the odor associated with wastewater treatment. The use of enclosed tanks, membrane processing, and odor control systems will result in an improvement over the existing treatment facility operations. The new structures proposed to be constructed on -site will meet or exceed all required building setbacks. The proposed Conditional Use seeks only to expand the existing sewage treatment plan. 5. Compatibility with adjacent properties and other properties in the district. If the proposed Conditions of Approval are adopted, the proposed sewage treatment plant expansion can be found compatible with adjacent properties and other properties in the immediate area. Based on the above findings, this conditional use should, with stipulations as outlined in this staff report be recommended for approval. It is important to note that the conditions of approval from the existing Conditional Use adopted via Resolution 94-533 (Attachment D) will be modified, per the following as described in the Proposed Conditions of Approval, strikethrough/underline (Attachment B). DECEMBER 8, 2021 NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a duly noticed and advertised NIM on December 8, 2021, at the Golden Gate Community Center in Meeting Room B located at 4701 Golden Gate Pkwy, Naples, FL 34116. The meeting commenced at approximately 5:30 p.m. and ended at 5:47 p.m. with two CU-PL20210001657, GOLDEN GATE WATER RECLAMATION FACILITY Revised Date: December 22, 2022 Page 9 of 12 Packet Pg. 304 3.D.a people in attendance. Wayne Arnold, the agent, conducted the meeting with introductions of the consultant team and staff, and an overview of the proposed sewage treatment plant expansion. The agent gave a PowerPoint presentation of the request for conditional use. Following the agent's presentation, the meeting was open to attendees to make comments and ask the consultant team questions regarding the sewage treatment plant expansion. There were questions about vegetation, lights, retention ponds, dust, sewer line connections, brown water affecting the canal systems, and deep injection wells. All questions were answered by the agent and county staff. No commitments were made. A copy of the NIM advertisement, sign -in sheet, transcript, and PowerPoint presentation is included in the backup materials in Attachment E. DECEMBER 8, 2022 NEIGHBORHOOD INFORMATION MEETING (NIM): Because the petition was beyond the one-year anniversary of its first NIM the applicant was required to conduct a second NIM. As such, the applicant conducted a duly noticed and advertised NIM on December 8, 2022, at the Golden Gate Community Center in Meeting Room B located at 4701 Golden Gate Pkwy, Naples, FL 34116. The meeting commenced at approximately 5:40 p.m. and ended at 6:01 p.m. with only one person in attendance. Wayne Arnold, the agent, conducted the meeting with introductions of the consultant team and staff, and an overview of the proposed sewage treatment plant expansion. The agent gave a PowerPoint presentation of the request for conditional use. Following the agent's presentation, the meeting was open to attendees to make comments and ask the consultant team questions regarding the sewage treatment plant expansion. There were questions about the increase in capacity, settling ponds, tanks, project completion date, areas to be served by the expansion, area master plan, and NIM meeting advertisement. All questions were answered by the agent and county staff. No commitments were made. A copy of the NIM advertisement, sign -in sheet, transcript, and PowerPoint presentation is included in the backup materials in Attachment E. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed the staff report on 12/21 /2022. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition CU- PL20210001657, subject to the following conditions: Central County Water Reclamation Facility Expansion Conditional Use shall be limited to what is depicted on the "Conditional Use Overall Site Plan, revised 12/13/2022," prepared by Tetra Tech. 2. Landscaping/Buffers: Collier County Water Sewer District (CCWSD) shall install/upgrade to a Type `B' landscape buffer around the perimeter of the Golden Gate Water Reclamation CU-PL20210001657, GOLDEN GATE WATER RECLAMATION FACILITY Revised Date: December 22, 2022 Page 10 of 12 Packet Pg. 305 3.D.a Facility. The landscape buffer shall meet the minimum requirements set forth in Alternative B of the Collier County Land Development Code within six months to a year of planting. For the frontage along 32nd Avenue S.W. and Tropicana Boulevard, the following buffers shall be required: (1) For 32nd Ave S.W., the required canopy trees within the Type `B' buffer shall be 14 to 16 feet tall, based on availability, with a minimum 6 foot spread at the time of planting; (2) For Tropicana Boulevard the existing above -ground power lines that are located along the Tropicana Boulevard property line will be placed underground as part of the revisions to the Golden Gate Wastewater Treatment Plant. The existing healthy mature canopy trees will be retained and additional 14' to 16' tall canopy trees will be installed as necessary to meet the required 25' on -center spacing requirement for a Type B buffer. Hedge material will be added to the buffer per Type B standards. These buffers shall be installed prior to site acceptance. 3. The construction associated with the conditional use permit shall include noise abatement which will be made to the blowers and generator so that they do not exceed those thresholds regulated by the County's Noise Ordinance. 4. CCWSD will shield lights away from residential areas to the extent possible without compromising operator safety, on the lights illuminating processing tanks. Control switches will be installed so that plant operators are able to dim or turn off lights when they are not needed. 5. Upon completion of the capacity expansion to the plant, CCWSD shall arrange for an independent engineer or other qualified technicians to take bimonthly noise readings from properties immediately adjacent to the plant over a six-month period to confirm that the noise levels of the plant at or below Collier County's requirements. A community representative from the Golden Gate Civic Association or other groups as may be appointed by the County Commission may be present during the testing. CCWSD shall provide fourteen (14) days' written notice of such tests to the designated group or association and a community representative may be present. If during any one of the three tests, the noise levels at the Golden Gate facility exceed the noise levels established by Collier County regulations, the residents may petition the Board of Zoning Appeals for further proceedings to consider the imposition of additional noise mitigation. 6. A representative of CCWSD will be available to meet with the Golden Gate Civic Association, or other groups as may be designated by the County Commission, on a bi- monthly basis during construction. Thereafter, CCWSD representatives are available to meet with area residents upon request. 7. Groundwater quality monitoring shall be conducted as required by FDEP and Collier County Pollution Control. CU-PL20210001657, GOLDEN GATE WATER RECLAMATION FACILITY Revised Date: December 22, 2022 Page 11 of 12 Packet Pg. 306 3.D.a 8. Building and tank colors shall be consistent with the building colors permitted in LDC Section 5.05.08 for industrial buildings. 9. Tanks shall be limited to a maximum height of 50' above grade and are otherwise exempted from the maximum building heights of the RSF-3 Zoning District per LDC 4.02.0l.D., Exemptions and exclusions from design standards. 10. Should the southernmost access point on 32nd Avenue S.W. be removed, the area shall be landscaped with a Type B buffer consistent with that required for the perimeter buffer elsewhere on 32nd Avenue S.W. Attachments: A) Conditional Use Overall Site Plan, revised 12/13/2022, prepared by Tetra Tech. B) Proposed Conditions of Approval, strikethrough/underline C) Proposed Conditions of Approval, clean version D) Resolution 94-533 E) Application/Backup Materials CU-PL20210001657, GOLDEN GATE WATER RECLAMATION FACILITY Revised Date: December 22, 2022 Page 12 of 12 Packet Pg. 307 Inp Ann— ponewelpea+neen—ueplos Lsswwa."�"—)we alai R, P.—Ai slis P..,— ueld ells u--esn--imp— y -wypeuv.Ipewypeny ZOL w 4 I epl p HODOW wVXd k K'Vld MIS 11V213n0 m p 3Sf1lVNOIlION00 g y oy ag F1�31 VZ1131 NOISN31VM kiNIOoo r NOI1tlWtllO3M M31VM A1Nf100ltlMLN30 ° ee a 3wa Havw S3111111f1 A1Nnoo N3llloo g o 1III N O Z 3 $ r N Y 3 QMf�NO h w ❑ aw � F co o o w W o I fn Z ZJw M� �> w a � Q rn F I I FBI tC) ww �, I w m F az �iu`�_ wly Z M o w Q 0< a 0 �0 w Z LLILLJw d 2o w�v0—i�� oa.K0 Z(a �wz — — z ui U) W n- — 'o. OA79 YAFVDMOH. 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Central County Water Reclamation Facility Expansion Conditional Use shall be limited to what is depicted on the "Conditional Use Overall Site Plan, revised 12/13/2022." prepared by Tetra Tech. -1—.2. €CW C Landscaping/Buffers: Collier County Water Sewer District (CCWSD) shall install/upgrade to a Type 'B' landscape buffer around the entiFe perimeter of the Golden Gate WasteMA +r tmen+ plan+Reclamation Facility. t the —time of installatien, the plantings aleng TFep*eana Blv . and 32nd Avenue Seuthwest shall be 5 feet On height and spaced 5 feet4;44 e^nteF The plants shall be a matel„ 4 feet wide at the time .,f planting. The landscaping landscape buffer shall meet the minimum requirements set forth in Alternative B of the Collier County Land Development Code within six months to a year of planting. FC` C will make 26 1994 County C «;^^ v,,^eting. For the frontage along 32nd Avenue S.W. and Tropicana Boulevard the following buffers shall be required: (1) For 32nd Ave S.W., the required canopy trees within the Type 'B' buffer shall be 14 to 16 feet tall, based on availability, with a minimum 6 foot spread at the time of planting; (2) ^n the final landsealge design aleng For Tropicana Boulevard the existing above ground power lines that are located along the Tropicana Boulevard Property line will be placed underground as part of the revisions to the Golden Gate Wastewater Treatment Plant. The existing healthy mature canopy trees will be retained and additional 14' to 16' tall canopy trees will be installed as necessary to meet the required 25' on center spacing requirement for a Type B buffer. Hedge material will be added to the buffer per Type B standards. bu ff r Y,I Y,+ Y T� I Y TTr Y, . Y, R d "-,rd will h r �,-,, WPPI PI'- + +h y aFs f haFd PF61 ER +h Fequ Fed Tenn R Rff„r Y,I-,Y,+�Y,.Tr (With�,-, mlUIII 96_f,,,,+_+ ��-,II !'-,Y,,,Y,y Tr,,,,$) yLJ h„ ARY ntal nlaRtmRgS n ,,dedd fee: uld be placed W*thoR the Type R huff r The r thp I n +h f +h �+ rn Tr r,D,--,n-, R ��I ��-,r.J h--ff r Th r ^ r,.J h,-ff r +rpp 16 + tall) I.J hP Y,r+ II ,.J rd ., +h CDI Y,I Y + Y,r. Feelyiiceime.pits at the r ,.J 25 Af R_fr,.,+ r + A h I:wPPAGaRepy +r , ,r PH Y,.J r Tr Y .J + r/s ., ,r I Y, ,r I.J h T4+s—These buffers shall be installed prior to site acceptancec-^mnl^�;+h;n +h;r*„ ,�f beginning installatie- December22, 2022 W GradyMinor Proposed Conditions of Approval-r10.docx Chil Engineers • Land Surveyors • Planners • Landscape Architects Page 1 cf 3 L R a� CU c� c a� 0 0 r` LO co 0 0 0 N O N J IL N Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyrninor.co Packet Pg. 309 3.D.c 3- , L R GemmeA-P-mPAt r.f P- .As#- R it *A-.l eR the i ntc +�+ C 4.3. The construction associated with the conditional use permit shall include noise abatement ' which will be made to the blowers and generator so that they do not cD exceed those thresholds regulated by the County's Noise Ordinance. Except duicing Feasenable ti LO p.mO .,eenstFuetien O rbut On any event ne lateF than 9 menths fFem the staFt ef eenstFuetien.N O N J S. When the plant exceeds its existing 750,000 g.p.d. capae ty E)F within 9 menths ficem the staict-Gf N u 6 4. Pr�CCWSD sli:3' e shieldiRg, frh, will shields lights away from residential areas to the Textent possible without compromising operator safety, on the lights ,which illuminatinge t#e—processing tanks at Right. Control switches will be installed so that plant operators are able to dim or turn off lights when they are not needed and plant epeFateFs will 7-.5. Upon completion of the capacity expansion ' to the plant, Fr�CCWSD shall arrange from an independent engineer, or other qualified technician to take bimonthly noise readings from properties immediately adjacent to the plant over a 54-six-month period to confirm that the noise levels of the plant are at or below Collier County's requirements. A community representative from the Golden Gate Civic Association or other group as may be appointed by the County Commission may be present during the testing. €CWC CCWSD shall provide ten fourteen (1914) days written notice of such tests to the designated group or association and a community representative may be present. If during any one of the three tests, the noise levels at the Golden Gate facility exceeds the noise levels established by Collier County regulations, the residents may petition the Board of Zoning Appeals for further proceedings to consider the imposition of additional noise mitigation^^ e^,s. • M IM,. ert:asr�. _MEMATAWATATS. -9-.6. A representative of Fr�CCWSD_will be available to meet with the Golden Gate Civic Association, or other group as may be designated by the County Commission, on a bi-monthly basis during construction. Thereafter, aFea Feside�ats may meet with aFC`�CCWSD December 2Z 2022 Page 2 0 3 Proposed Conditions cf Approval-r10.docx Packet Pg. 310 -9-.6. A representative of Fr�CCWSD_will be available to meet with the Golden Gate Civic Association, or other group as may be designated by the County Commission, on a bi-monthly basis during construction. Thereafter, aFea Feside�ats may meet with aFC`�CCWSD December 2Z 2022 Page 2 0 3 Proposed Conditions cf Approval-r10.docx Packet Pg. 310 3.D.c representatives are available to meet with area residents upon requestA_.A t#��secoRd MeRdaWhen the existing helding tanks next FequiFe painting, FCWC will Feeeive input fFern aFe-a CU L ++ R ++ r_ v. iiv�ev� \sii+lam then FefeFFed to ivy beF 9 -.heye � O U' ��\\r1iTJ1i��\il•LTiTJ ��.Tliiif iil�f T�iiiTT.TTTi•iiT TiTf ZiiiT ZiT liTi •i iT liLlt<r17iT 1J'i li il'i 1iT T17i��1�iiiT�t71•i{iT LO ■ 04 CD 4-2, Asphaltic sidewalk/bike path shall be constFueted along the west side of TFepieana ate cede enfeFeenient beaFd. neFth side ef 32nd Avenue S.W. adjacent the subject pFepeFty en eF befeFe issuance ef-a 7. Ground water quality monitoring shall be conducted as required bV FIDEP and Collier CountV 4) Pollution Control. 8. Building and tank colors shall be consistent with the building colors permitted in LDC Section 5.05.08 for industrial buildings. 9. Tanks shall be limited to a maximum height of 50' above grade and are otherwise exempted from the maximum building heights of the RSF-3 Zoning District per LDC 4.02.01.D., Exemptions and exclusions from design standards. 10. Should the southernmost access point on 32nd Avenue S.W. be removed, the area shall be landscaped with a Type B buffer consistent with that required for the perimeter buffer elsewhere on 32nd Avenue S.W. December 22, 2022 Page 3 0 3 Proposed Conditions cf Approval-r10.docx Packet Pg. 311 3.D.d Golden Gate Water Reclamation Facility Conditional Use (PL20210001657) Proposed Conditions of Approval The approval of this conditional use is subject to the following conditions: 1. Central County Water Reclamation Facility Expansion Conditional Use shall be limited to what is depicted on the "Conditional Use Overall Site Plan, revised 12/13/2022," prepared by Tetra Tech. 2. Landscaping/Buffers: Collier County Water Sewer District (CCWSD) shall install/upgrade to a Type `B' landscape buffer around the perimeter of the Golden Gate Water Reclamation Facility. The landscape buffer shall meet the minimum requirements set forth in Alternative B of the Collier County Land Development Code within six months to a year of planting. For the frontage along 32nd Avenue S.W. and Tropicana Boulevard, the following buffers shall be required: (1) For 32nd Ave S.W., the required canopy trees within the Type `B' buffer shall be 14 to 16 feet tall, based on availability, with a minimum 6 foot spread at the time of planting; (2) For Tropicana Boulevard the existing above ground power lines that are located along the Tropicana Boulevard property line will be placed underground as part of the revisions to the Golden Gate Wastewater Treatment Plant. The existing healthy mature canopy trees will be retained and additional 14' to 16' tall canopy trees will be installed as necessary to meet the required 25' on center spacing requirement for a Type B buffer. Hedge material will be added to the buffer per Type B standards. These buffers shall be installed prior to site acceptance. 3. The construction associated with the conditional use permit shall include noise abatement which will be made to the blowers and generator so that they do not exceed those thresholds regulated by the County's Noise Ordinance. 4. CCWSD will shield lights away from residential areas to the extent possible without compromising operator safety, on the lights illuminating processing tanks. Control switches will be installed so that plant operators are able to dim or turn off lights when they are not needed. 5. Upon completion of the capacity expansion to the plant, CCWSD shall arrange from an independent engineer, or other qualified technician to take bimonthly noise readings from properties immediately adjacent to the plant over a six-month period to confirm that the noise levels of the plant are at or below Collier County's requirements. A community representative from the Golden Gate Civic Association or other group as may be appointed by the County Commission may be present during the testing. CCWSD shall provide fourteen (14) days written notice of such tests to the designated group or association and a community Packet Pg. 312 3.D.d representative may be present. If during any one of the three tests, the noise levels at the Golden Gate facility exceeds the noise levels established by Collier County regulations, the residents may petition the Board of Zoning Appeals for further proceedings to consider the imposition of additional noise mitigation. 6. A representative of CCWSD will be available to meet with the Golden Gate Civic Association, or other group as may be designated by the County Commission, on a bi-monthly basis during construction. Thereafter, CCWSD representatives are available to meet with area residents upon request. 7. Ground water quality monitoring shall be conducted as required by FDEP and Collier County Pollution Control. 0 0 8. Building and tank colors shall be consistent with the building colors permitted in LDC Section to 5.05.08 for industrial buildings. to 0 0 9. Tanks shall be limited to a maximum height of 50' above grade and are otherwise exempted N from the maximum building heights of the RSF-3 Zoning District per LDC 4.02.0l.D., J Exemptions and exclusions from design standards. a 10. Should the southernmost access point on 32nd Avenue S.W. be removed, the area shall be landscaped with a Type B buffer consistent with that required for the perimeter buffer elsewhere on 32nd Avenue S.W. Packet Pg. 313 3.D.e JULY 26, 1994 RESOLT,;TION 9 4 - --- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF EXPANSION TO All EXISTIUG SE: -,AGE TREATMENT PLANT CONDITIONAL USE IN THE RSF-3 ZONING DISTRICT PURSUANT TO SUBSECTION 2.6.9.2 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTIONS 27 AND 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. SI-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which isthe granting of Conditional Uses; and WHEREAS,. the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use of Subsection 2.6.9.2 of the Land Development Code in an RSF-3 zone for an expansion to an existing sewage treatment plant on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement has been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: Da Packet Pg. 314 JQLT 26, 1994 The petition filed by Gregory R. Cra:•ford of Hartman & Associates, Inc.,.rnpresenting Florida Cities ',rater Company, with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein. be and the same is hereby approved for a Conditional Use of Subsection 2.6.9.2 of the Land Development Code in the RSF-3 zoning district for an expansion to an existing sewage treatment plant in accordance with the Conceptual master Flan (Exhibit "C") and subject to the following conditions: 1. 2. FCWC shall install a'landscape buffer around the entire perimeter of the Golden Gate Wastewater treatment plant. At the time of installation, the plantings along Tropicana Blvd. and 32nd Avenue Southwest shall be 5 feet in height and spaced 5 feet on center. The plants shall be approxi:aately 4 feet wide at the time of planting. The landscaping shall neet the ninirsm requirements set forth in Alternative B of the Collie:r County Land Development Code within six months to a year of planting. FCWC ;;ill male application with the County for a permit to install the necessary irrigation system prior to the July 26, 1994 County Commission neeting. This buffer shall be completed within thirty days of beginning installation. - FCWC will provide supplemental landscaping in the southwest quadrant of the site, above and beyond what is required in Alternative B. The supplemental landscaping shall be a height of sir. (6) feet at the tine of planting and shall include canopy trees of a type that will achieve a minimun height of 14 to 16 feet by July of 1997. 3. FC,,C shall install a one-way, semi -circular driveway which will reduce noise lev:ls associated with truck traffic by allowing trucks servicing the facility to enter and exit the plant with less maneuvering. Tho2 driveway shall be completed no later than nine months after conmencement of construction on the improvcme_nts. 4. The construction associated with the conditional use permit shall include noise abatement improvements which ::ill be made to the blowers and generator so that they do not exceed those thresholds regulated by the County's Noise Ordinance. Except during reasonable emergency conditions, the generator will only function between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday. Said improvements shall be completed as part of the overall construction project, but in any event no later than 9 months from the start of construction. 5. When the plant exceeds its existing 750,000 g.p.d. capacity or within 9 months from the start of construction, whichever comes first, FCWC will install a scrubber or other odor control mechanism which functions as well as or better than a scrubber which constitutes the utilization of best available technology. -2- 3.D.e JULY 26, 1994 6. FCWC shall provide - :icldi, 1, .:hish shields _i hts away from residential areal to the maY.irium extent passible without compromising operator safety, on the lights .:hich illuminate the processing tanks at night. Control switches will be installed ^ that plant operators are able to turn off lights Whenthey are not ne^_ded and plant operators will turn off the lights when not needed. 7. Upon completion of the i-provements to the plant, FCWC shall arrange from an independent engineer, or other qualified technician to to}:e bimonthly readings from properties immediately adjacent to the plant over a six month period to insure that the noise levels of the plant are at or below Collier County's requirements. A community representative fro- the Golden Gate civic Association or other group as may be appointed by the County, Commission, nay be present during the testing. FC1C shall provide ten (10) days written notice of such tests to the designated group or association and a community representative ray be present. If during any one of the three tests, the noise levels at the Golden Gate facility exceeds the noise levels established by Collier County regulations, the residents nay petition the Board of Zoning Appeals for further proceedings to consider the imposition of additional mitigating conditions. 8. Once the wastewater treatrer.t plan :.reaches a capacity of 1,500,000 g.p.d., no further increase in capacity shall be permitted on this site. This does not, however, preclude additional structures and/or improvements necessitated by changing law or technology to keep the plant functioning at or below the 1,500,000 g.p.d. level. 9. A representative of FCe,C will meet with the Golden Gate Civic Association, or other group as may be designated by the County Commission, on a bi-monthly basis during construction. Thereafter, area residents may meet with a FCWC representative on the second Monday of every month at its already scheduled meetings with the Golden Gate Water Utility Committee. 10. When the existing holding tanks next r,2quire painting, FC'AC will receive input from area residents regarding the color of the tanks. FCWC will paint the tanks a reasonable color agreed upon with the group referred to in number 9 above. 11. 'Noncoripliance with any of the conditions of - the - - ------ - ---- conditional use permit imposed by the County commission shall result in further proceedings before the Board of County Commissioners or an appropriate code enforcement board. 12. Asphaltic sidewalk/bike path shall be constructed along the west side of Tropicana Boulevard and north side of 32nd Avenue S.W. adjacent the subject property on or before issuance of a Certificate of Occupancy/Completion of digester facility plant addition. -3- Packet Pg. 316 3.D.e JULY 26, 1994 BE IT FURTHER RESOLVED that this R^solution be recorded in the minutes of this Board. Commissioner Saunders offered the foregoing Resolution and moved for its adoption, seconded by Commissioner ,lorris and upon roll call, the vote was: AYES: Commissioner Saunders, Commissioner Dorris, Commissioner Volpe, Commissioner Matthew3, and Coramis3icner Constantine NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this 26th day of July 1994. ATTESTv' DWIGHT E. BROCK, CLERK %APPROVED.AS Td=FORM AND �LEGGAL SUFFICIENCY: MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY CU-94-1 RESOLUTION Mh/11198 BOARD OF'ZONING APPEALS COLLIER COUNTY, FLOR All BY:`--. i!!'Tik A - (111.1 1- r-1 TIMOTHY. J'. ` ONSTAANTINE, CHAIRMAN U .0 u_ c O R E M _ U m L W d R C d O (7 r �n 0 0 _o N 0 N J d rn v N -4- Packet Pg. 317 3.D.e JULY 26, 1994 FINDING OF FACT BY COLLIER COUNTY PLANNING CC 1MISSI_CN FOR A' CONDITIONAL USE PETITION FOR CU-94-1 The following facts are found: 1. Section 2.6.9.2. of the Land Devlopnent Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not ad•:ersely.affect other property or uses in the sane district or neighborhood because of: A. Consistency with the Land Development Code and Growth, Management Pla Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & gress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or c/ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No c/ Based on the above findings, this c should, with stipulations, (copy attached) 6should not)�de recommended for�yap/proval DATE: / / "/ U CHA:P'M.T.N ^ .C" FINDING OF FACT CHAIRMAN/md - Fxhibit' "A" Packet Pg. 318 3.D.e JULY 26, 1994 v cv 1.L c O Cu E lu v a� L cu V C LEGAL DESCRIPTION 4) O ti U) co 0 O O N ALL OF BLOCKS 255, 257 AND 258, THE 2C 700T WIDE ALLEY O N BETWEEN BLOCKS 255, 257 AND 258. ALL OF 31ST AVENUE J SOUTHWEST BOUNDED BY BLOCK 258 AND THE WEST RIGHT-OF-WAY LINE a OF TROPICANA BOULEVARD, ACCORDING TO THE PLAT OF GOLDEN GATE UNIT 7, A SUBDIVISION OF PORTIONS OF SECTIONS 27 AND 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, N RECORDED IN PLAT BOOK 5, AT PAGES 135 THROUGH 146 OF THE .. PUBLIC RECORDS OF COLLIER. COUNNTY, FLORIDA. M T O O r 3 N fY G C N E t U co r+ Q r-� C N E t c� cC r.+ r Q EXHIBIT "B" Packet Pg. 319 );eM WO uaploJ - L99LOOMOZId : L6tibZ) ££5-t,6 uollnlosab - a juawtioel;d : JULT 26, 1994 3 -I ------------------------- o ---- ------ ------ 1 Q f i O•-�1. I.1fil3 EE i � i • �� ' 1 1 I =i�l �,.• eta••• a' \`.: r � • � • jam/ �I -T_ ��' -'�_ ----..._------ .-''�•�.' � I�I•'t• I UZ vv =EaX;M I_ Exhibit "C'r — I 3.D.f (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing, Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s) NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED SHARON UMPENHOUR WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER(S) PL2 210 01657 — Golden Ga W Reclamation Facility CU . 3800 Via Del Rey SIGNATURE OF APPLICANTOR AGENT STREET OR P.O. BOX Sharon Umpenhour as Senior Planning Technician for Q. Bonita Springs, Florida 34110 Grady Minor & Associates, P.A. NAME (TYPED OR PRINTED) CITY, STATE ZIP STATE OF FLORIDA COUNTY OF Lee The foregoing instrument was sworn to and subscribed before me January 3, 2023, by Sharon Umpenhour as Senior Planning Technician for Q. Grady Minor & Associates, P.A., personally known to me and who 4Fdid not take an oath. _ (%�, Signature of Not Public Carin J. Dwyer Printed Name of Notary Public My Commission Expires: CABIN J, DWYER (Stamp with serial number) X4: iAIYCUMMISSION#GG9823fi7 EXPIRES: Allay 14,2024 Rev. 3/�4/2015 OF; ° Bonded Thru Nob y Public underwriters LO CD 0 0 0 N O N J a ti rn v �r N Packet Pg. 321 Golden Gate Water Reclamation Facility (CU) (PL20210001657) 3.D.f BLIC OEAMNG I 'I ' GOLDEN TV WATER RECLAMATIO . . FACILITY (CU�PETITION NO. PL202100If ,7 HEX:.IANUARY 26, 2023 - 9:00 A.M. « � M GROWTH MANAa ,EMENT BUILDING, 2800 HORSESHOE DR. N., ROOM 609/610,..r'V NAPLES, FL 34104 ' TIMOTHY, FINN: 239-252-4312 1 Posted December 29, 2022 Packet Pg. 322 3.D.g Golden Gate Water Reclamation Facility (CU) PL20210001657 Application and Supporting Documents January 26, 2023 HEX Hearing w GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-] 144 • engineering@gradyminor.eom • www.gradyminor.c( Packet Pg. 323 GradyMinor 3.D.g Civil Engineers • Land Surveyors • Planners • Landscape Architects October 7, 2021, Amended November 12, 2021 Ms. Gabriela Castro, AICP Collier County Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 RE: Golden Gate Water Reclamation Facility Conditional Use (PL20210001657), Submittal 1 Dear Ms. Castro: An application for Public Hearing for Conditional Use (CU) per LDC Section 2.01.03.G.1.c. is being filed electronically for review. The subject property is 16+/- acres in size and is located on the northwest corner of 32nd Ave SW and Tropicana Boulevard (4931 32nd Ave SW). The applicant is proposing to incrementally expand the treatment capabilities of this existing facility from its current treatment capacity of 1.5 mgd. The existing site is sufficiently sized to accommodate the proposed rehabilitation of some of the existing treatment equipment and the addition of more modern treatment systems which will support the treatment capacity. The newly renamed "Central County Water Reclamation Facility" will utilize state-of-the-art membrane bioreactor (MBR) technology with closed tanks that produces irrigation quality water. Documents filed with submittal 1 include the following: 1. Cover Letter 2. Application for a Public Hearing for CU 3. Evaluation Criteria 4. Preapplication meeting notes 5. Affidavit of Authorization 6. Addressing Checklist 7. Property Ownership Disclosure 8. Warranty Deed(s) 9. Boundary Survey 10. Location Map 11. Conceptual Site Plan 12. Traffic Impact Statement Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Ph.239-947-1144 Fax.239-947-0375 EB 0005151 LB 0005151 LC 26000266 www.gradyminor.com Packet Pg. 324 Ms. Gabriela Castro RE: Golden Gate Water Reclamation Facility Conditional Use (PL20210001657), Submittal 1 November 12, 2021 Page 2 of 2 13. Environmental Narrative Please feel free to contact me should you have any questions. Sincerely, <-D- b-y- D. Wayne Arnold, AICP Collier County Water -Sewer District (CCWSD) GradyMinor File (GGWWTP) Packet Pg. 325 Coffier County 3.D.g COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE LDC Section 10.08.00 & Code of Laws section 2-83 — 2-90 Chapter 3 C.1 of the Administrative Code PETITION NO (PL) PROJECT NAME To be completed by staff DATE PROCESSED ❑ A CONDITIONAL USE TO BE HEARD BY THE PLANNING COMMISSION AND BOARD OF ZONING APPEALS ❑■ A MINOR CONDITIONAL USE TO BE HEARD BY THE OFFICE OF THE HEARING EXAMINER APPLICANT CONTACT INFORMATION Name of Property Owner(s): Collier County, a Political Subdivision of the State of Florida Name of Applicant if different than owner: Address: 3339 Tamiami Trail E. #303 City: Naples Telephone. 239-252-4233 Cell: E-Mail Address: corinne.trtan@colliercountyfl.gov Name of Agent(s): D. Wayne Arnold, AICP Firm: Q. Grady Minor & Associates, P.A. Address: 3800 Via Del Rey Telephone: 239-947-1144 Cell: State: FL ZIP: 34112 Fax: City: Bonita Springs State: FL E-Mail Address: warnold@gradyminor.com Fax: ZIP: 34134 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 5/08/2018 Page 1 of 12 Packet Pg. 326 Coffier County 3.D.g COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net ASSOCIATIONS 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: N.A. Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: City: City: State: ZIP: State: ZIP: City: State: ZIP: City: State: ZIP: City: State: ZIP: PROPERTY INFORMATION On separate page, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre -application meeting; and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Property I.D. Number: 36450440006 Plat Book: 5 Section/Township/Range: 28 / 49S / 26E Subdivision: Golden Gate Unit 7 Lot: Metes & Bounds Description: * (*see Boundary Survey) Size of Property: 741+/-ft. X 720+/- ft. = 696,960+i- Total Sq. Ft. Acres: 16+/- Address/ General Location of Subject Property: 4931 32nd Ave SW / northwest corner of 32nd Ave SW and Tropicana Blvd Page #: 135 Block: 5/08/2018 Page 2 of 12 Packet Pg. 327 Coffier County 3.D.g COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE Zoning land Use N RSF-3 Residential S RSF-3 Residential E RSF-3 Residential W RSF-3 Residential If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate, attach on a separate page) Section/Township/Range: N.A. / N.A. / N.A. Lot: N.A- Block: N.A. Subdivision: N.A. Plat Book: N.A. Page #: N.A Property I.D. Number: N.A. Metes & Bounds Description: N.A. CONDITIONAL USE REQUEST DETAIL Type of Conditional Use: This application is requesting a conditional use as allowed, pursuant to LDC section 2.03.00, of the RSF-3 zoning district for (type of use). Present Use of the Property: Water reclamation facility 5/08/2018 Page 3 of 12 Packet Pg. 328 COAT County 3.D.g COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 EVALUATION CRITERIA Pursuant to LDC section 10.08.00 and Chapter 3 CA of the Administrative Code, staff's recommendation to the reviewing body shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met. Further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. On a separate page, provide a narrative statement describing a request for a conditional use and a detailed response to the criteria listed below. Specify how and why the request is consistent with each of the criteria. a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact, and odor. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district. e. Please provide any additional information which you may feel is relevant to this request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? NO Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑■ No ❑ Yes (If yes please provide copies.) 5/08/2018 Page 4 of 12 Packet Pg. 329 Coffier County 3.D.g COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 FOR CONDITIONAL USE REQUEST APPLICANT INFORMATIOI Name of Applicant(s): Collier County, a Political Subdivision of the State of Florida Address: 3339 Tamiami Trail E. #301 city: Naples State: FL ZIP: 34112 Telephone. 239-252-4233 Cell: E-Mail Address: corinne.trtan@colliercountyfl.gov Address of Subject Property (If available): 4931 32nd Ave SW City: Naples State: FL ZIp. 34116 LEGAL DESCRIPTION Section/Township/Range: 28 / 49 / 26 Lot: * Block: * Subdivision: Golden Gate Unit 7 Fax: Plat Book: 5 Page #: 135 property I.D. Number: 36450440006 Metes & Bounds Description: * (*See Boundary Survey) TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System X❑ b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name:. d. Package Treatment Plant ❑ (GPD Capacity): e. Septic System ❑ TYPE OF WATER SERVICE TO BE PROVIDED a. County Utility System b. City Utility System C. Franchised Utility System d. Private System (Well) x❑ ❑ PROVIDE NAME Total Population to be served: 0.15 GPD/SF x 3,785 SF for New Operations Building Peak and Average Daily Demands: A. Water -Peak: 2,280 GPD Average Daily: 570 GPD B. Sewer -Peak: 2,280 GPD Average Daily: 570 GPD 5/08/2018 Page 5 of 12 Packet Pg. 330 COAT County 3.D.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: Existing connection Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. N.A. County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. N.A. Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. 5/08/2018 Page 6 of 12 Packet Pg. 331 COAT County 3.D.g COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of F.S. §695. A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner, Zoning Services Department, within 15 days of recording of said Memorandum or Notice. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. 5/08/2018 Page 7 of 12 Packet Pg. 332 COAT County 3.D.g COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: ❑ A Conditional Use to be heard by the Planning Commission and Board of Zoning Appeals ❑■ A Minor Conditional Use to be heard by the Office of the Hearing Examiner Chapter 3 C.I. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. Requirements for Review # Of Copies Required Not Required Completed Application (download current form from County website) 1 ® ❑ Cover letter briefly explaining the project 1 ✓ Pre -Application Notes 1 ✓ Affidavit of Authorization, signed and notarized 1 ® ❑ Completed Addressing Checklist 1 ® ❑ Property Ownership Disclosure Form 1 ® ❑ Warranty Deed(s) 1 P ❑ Boundary Survey 1 a✓ ❑ Conceptual Site Plan 24" X 36" plus (one 8 Y2 X 11 copy) ❑ ✓ Plans showing proposed location for utilities, if required ❑ ✓ Plans for screening and buffering the use with reference as to type, dimensions, and character, if required ❑ ❑ EZI Plans showing the proposed landscaping and provisions for trees protected by County regulations, if required ❑ ❑ ❑✓ Plans showing the proposed signs and lighting, including type, dimensions, and character, if required ❑ ❑ ❑✓ Architectural Rendering of Proposed Structure(s), if applicable 1 ❑✓ Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 21 ❑ Statement of utility provisions (with all required attachments & sketches) 1 ✓ Environmental Data Requirements, pursuant to LDC section 3.08.00 1 ✓ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) at time of public hearings. Coordinate with project planner at time of public hearing. ❑ ❑ ✓❑ Listed Species Survey; less than 12 months old. Include copies of previous surveys. 1 ✓ Traffic Impact Study (TIS) or waiver 1 ❑✓ Historical and Archeological Survey, or waiver 1 ✓ Electronic copy of all documents and plans * Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 1 ❑✓ ❑ * If located in the Bayshore/Gateway Triangle Redevelopment Area, include an additional set of each submittal requirement 5/08/2018 Page 8 of 12 Packet Pg. 333 cooffier County 3.D.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. Planners: Indicate if the petition needs to be routed to the following additional reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ Conservancy of SWFL: Nichole Johnson ❑ GMD Graphics ❑ City of Naples: Robin Singer, Planning Director ❑ Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams ❑ Immokalee Water/Sewer District: ❑ Other: ❑ School District (Residential Components): Amy Lockheart Communication Towers: ❑ I Mosquito Control ❑ I Collier County Airport Authority ❑ I Naples Airport Authority Commercial Mining: ❑ Impact Fees 5/08/2018 Page 9 of 12 Packet Pg. 334 CoAr County 3.D.g COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 FEE REQUIREMENTS All checks payable to: Board of County Commissioners Pre -Application Meeting: $500.00 (to be credited towards the application fee if the application is filed within 9 months of pre -application meeting) Conditional Use Application Fee: $4,000.00 o When filed with Rezone Petition: $1,500.00 o Additional fee for 5t" and subsequent reviews: 20% of original fee Comprehensive Planning Consistency Review: $300.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2, 500.00 Listed or Protected Species survey review fee (when an EIS is not required): $1,000.00 Transportation Fee, if required: Methodology Review Fee: $500.00 Minor Study Review Fee: $750.00 Major Study Review Fee: $1,500.00 Estimated Legal Advertising Fee for the Hearing Examiner or CCPC: $1,125.00 Estimated Legal Advertising Fee for the BZA, if required: $500.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 D. Wayne Arnold Digitally signed D.Wayne '' 10/06/2021 Date: 2021.10.06 15:45:21-040000 Agent/Owner Signature Date D. Wayne Arnold, AICP Agent/Owner Name (please print) 5/08/2018 Page 10 of 12 Packet Pg. 335 Coffier County 3.D.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Public Participation Requirements LDC Section 10.03.06 B. or C. Chapter 8 of the Administrative Code Notice for Minor Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the Hearing Examiner's receipt of the staff report and application materials in accordance with the applicable sections of the Administrative Code. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the proposed land uses; and • 2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised Hearing Examiner hearing date. Public Hearing for Minor Conditional Use Petitions Hearing Examiner: The Hearing Examiner shall hold at least 1 advertised public hearing See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Notice for Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the advertised public hearing. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. 5/08/2018 Page 11 of 12 Packet Pg. 336 Coffier County 3.D.g COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the proposed land uses; and • 2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised public hearing date Public Hearing for Conditional Use Petitions Environmental Advisory Committee (EAQ The EAC shall hold at least 1 advertised public hearing, if required. Collier County Planning Commission (CCPC): The CCPC shall hold at least 1 public hearing. Board of Zoning Appeals (BZA): The BZA shall hold at least 1 advertised public hearing. 5/08/2018 Page 12 of 12 Packet Pg. 337 3.D.g Golden Gate Water Reclamation Facility Conditional Use (PL20210001657) Evaluation Criteria Pursuant to LDC section 10.08.00 and Chapter 3 CA of the Administrative Code, staff's recommendation to the reviewing body shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met. Further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. On a separate page, provide a narrative statement describing a request for a conditional use and a detailed response to the criteria listed below. Specify how and why the request is consistent with each of the criteria. Narrative The subject property is 16+/- acres in size and is located on the northeast corner of 32nd Ave SW and Tropicana Boulevard. The property is located in the Golden Gate City Sub Element, Mixed Use District, Urban Residential Subdistrict on the Golden Gate City Future Land Use Map. The property is zoned RSF- 3. In 2018, Collier County acquired this water reclamation facility from Florida Governmental Utility Authority. In an effort to upgrade and expand wastewater treatment capacity for the Golden Gate City area, Collier County is proposing to incrementally expand the treatment capabilities of this facility from its current treatment capacity of 1.5 mgd. The existing site is sufficiently sized to accommodate the proposed rehabilitation of some of the existing treatment equipment and the addition of more modern treatment systems which will support the treatment capacity. The newly renamed "Central County Water Reclamation Facility" will utilize state-of-the-art membrane bioreactor (MBR) technology with closed tanks that produces irrigation quality water. Additional access points to the treatment facility are proposed to be located on Tropicana Boulevard. These two new access points will be aligned with 31st Ave S.W. and 31st Place S.W. All access points to the treatment facility are gated and secured. The additional access points will facilitate delivery and maintenance vehicles. The internal site circulation will reduce vehicular backing movements and thereby reducing noise associated with backup alarms. a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. The property is within the Golden Gate City Sub -Element of the Golden Gate Area Master Plan. The site is designated Mixed Use District, Urban Residential Subdistrict on the Golden Gate City Future Land Use Map. This land use designation description provides for a variety of non-residential land uses to be developed, including specifically utility facilities. Objective 2.3 of the Sub -element indicates that the County will ensure public facilities are provided at an acceptable level of service. The 2020 AUIR indicated that expansion of the Golden Gate City Wastewater Treatment Facility is a needed improvement, in conjunction with installation of an November 12, 2021 W GradyMinor Page 1 of 4 Evaluation Criteria-rl.docx Chill Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyrninor.co Packet Pg. 338 3.D.g upsized force main, are needed improvements to maintain an acceptable level of service for the South County Water Reclamation Facility. Policy 2.3.1 discusses the County's intent to expand sewer and water services in Golden Gate City in accordance with the implementation report which is referenced as Appendix A to the Sub -element. The proposed treatment plant capacity expansion is consistent with this policy. Objective 1.3 of the Sub -element indicates the necessity to protect and preserve the valuable natural resources within Golden Gate City. Expansion of the treatment capacity for wastewater will allow for more homes within Golden Gate City to have individual existing septic tanks to be removed and replaced with connections to the centralized wastewater collection system; thereby, improving overall groundwater quality in the area. LDC Section 2.01.03 G, specifically provides that sewage treatment plants and effluent tanks are permitted conditional uses in all zoning districts. The proposed conditional use application to permit the capacity increase is consistent with the LDC requirements for essential services. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The existing treatment facility has two points of ingress/egress, both which are located on 32nd Ave. SW. The proposed Conditional Use Site Plan depicts two additional access points on Tropicana Boulevard which will allow for improved site circulation for maintenance and delivery of supplies to the facility. The proposed new access points will have no impact on pedestrian safety as sidewalks exist within both the 32nd Ave. SW and Tropicana Boulevard ROW. The proposed capacity increase in itself will generate negligible additional traffic over the level associated with the current facility. A TIS has been prepared meeting the guidelines for Collier County, which concludes there are no operational or level of service issues associated with the proposed plant expansion. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact, and odor. The proposed plant expansion includes modernization of the treatment process which will reduce odor associated with wastewater treatment. The use of enclosed tanks, membrane processing and odor control systems will result in an improvement over the existing treatment facility operations. The new structures proposed to be constructed on site will meet or exceed all required building setbacks. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district. The site has been utilized as a wastewater treatment facility since 1984 and the capacity was increased to its current capacity in 1994. The County has acknowledged that the plant expansion is necessary, and it is a funded improvement in order to meet established level of service standards. The site will remain compatible with the surrounding residential properties as it will have a type 'B' perimeter landscape buffer around the entire site as required by the LDC and the County will add November 12, 2021 Page 2 0 4 Evaluation Criteria-rl.docx Packet Pg. 339 3.D.g larger canopy trees along 32nd Ave SW and Tropicana Boulevard. The site is separated from nearby homes by canals and road ROW. The treatment capacity increase will also provide for the County to utilize more modern treatment systems which will utilize covered tanks as well as odor control systems not currently utilized on the existing treatment plant. e. Please provide any additional information which you may feel is relevant to this request. Conservation and Coastal Management Element of the Comarehensive Plan: Policy 6.1.1 of the Conservation and Coastal Management Element (CCME) of the Growth Management Plan states that projects containing native vegetation communities shall be required to preserve a percentage of that native vegetation on -site. The Conservation and Coastal Management Element was adopted by the Collier County Board of County Commissioners in October 1997. The site was previously cleared in support of the existing Golden Gate Wastewater Treatment Plant that currently exists on site. The site contains no native vegetation communities, and no original native trees remain; therefore, no native vegetation preservation is required. The site was cleared prior to 1973 as part of the Golden Gate regional development. Additionally, a Site Development Plan was issued for the current Wastewater Treatment plant by Collier County in 1994 underneath the SDP Number 94-09. Prior to the issuance of this Site Development Plan in 1994 that established the current treatment plant configuration, the project location had a smaller wastewater treatment package plant that was constructed prior to 1973 (See attached aerial dated 1973). Since the Golden Gate Wastewater Treatment Plant has been in place and in operation prior to the adoption of the CCME in 1997, the requirement to provide native planting preservation does not apply. OBJECTIVE 7.1 states that developments should direct incompatible land uses away from listed animal species and their habitats. The County relies on the listing process of State and Federal agencies to identify species that require special protection because of their endangered, threatened, or species of special concern status. As previously pointed out above, the existing site was cleared prior to 1973 and has been operating as a Wastewater Treatment Plant on the property since that time. A brief examination of the parcel found no listed animals on site. The parcel is not located in a USFWS Panther Consultation Zone. As stated above, the project site predates the adoption of the CCME and therefore Objective 7.1 does not apply. Objective 3.1 and Policy 3.1.4 address water quality and wellhead protection. The Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) W-3 cover the Northeast corner of the subject property and W-4 covers all of the subject property. In accordance with Chapter 3 Resource Protection of the Collier County Land Development Code, Section 3.06.12.M.3, future and existing legal nonconforming domestic wastewater treatment plans are allowed within the W-3 and W-4 overlay zones. There are existing wells that are installed along the subject property lines that are used for groundwater monitoring in accordance with the F.A.C. The wells are sampled on a quarterly basis and provide the Florida Department of Environmental Protection in accordance with the approved groundwater monitoring plan. November 1Z 2021 Page 3 0 4 Evaluation Criteria-rl.docx Packet Pg. 340 3.D.g Policy 2.3.6 addresses compliance with Federal and State permitting for water quality standards. The wastewater treatment facility will be designed and permitted in accordance with the Florida DEP and Florida Administrative Code. November 1Z 2021 Page 4 0 4 Evaluation Criteria-rl.docx Packet Pg. 341 Co*.r County 3.D.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Pre -Application Meeting Notes Petition Type: CU Date and Time: Wednesday 7/28/21 Assigned Planner: Tim Finn Engineering Manager (for PPL's and FP's): Project Information Project Name: Golden Gate Water Reclamation Facility (CU) PL#: 20210001657 PropertylD#: 36450440006 Current Zoning: RSF-3 Project Address: 4 931 32nd AveSW City: Naples State: FL Zip: 34116 Applicant. Collier County Public Utilities- Corinne Trtan x4233 Agent Name: Wayne Arnold, Grady Minor phone: 947-1144 g 3800 Via Del Re Bonita Springs, FL 34134 A ent Firm Address: Y City: State: Zip: Property Owner: Collier Cnty °Water -Sewer District Please provide the following, if applicable: i. Total Acreage: 14.9 ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 1/12/2021 Page I 1 of 5 Packet Pg. 342 Cots County 3.D.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note — link is https://www.colliercountyfl.gov/Home/ShowDocument?id=75093 �46,"C s2-- f/t4 'P_. /YlA""6, %/Lr"f, �iv2�N.u�Z /1/' it/o T-5 rvi- - 4-r Ov 77+ s 0--`— — Pri-6 c J ,,+ zaa.l 02'l PL ,} 6 L a - i E 2 IC_ Oa-i ►� P+n) S:�e. �.� ,1L F*a G �� ! — C . 3 If Site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddleton(a-naplesgov.com Allyson Holland AMHolland cDnaplesgoy.com Robin Singer RSinger(cDnaplesgov.com Erica Martin emartinCcDnaplesgoy.com Disclaimer- Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 1/12/2021 Page 1 2 of 5 Packet Pg. 343 3.D.g ThomasClarkeVEN From: FeyEric Sent: Thursday, August 19, 2021 1:32 PM To: ThomasClarkeVEN Subject: RE: Pre-App Notes for Golden Gate Water Reclamation Facility (CU) _ PL20210001657 Follow Up Flag: Follow up Flag Status: Completed None from me, Tom Respectfully, Eric Fey, P.E. Principal Project Manager CO Ter County Public Utilities Engineering & Project Management Division Continuous Improvement 3339 Tomiami Trail East, Suite 303, Naples, Florida 34112-5361 Phone: 239.252.1037 Cell: 239.572.0043 "HOW ARE WE DOING?" Please click here for our Customer Service Survev From: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Sent: Thursday, August 19, 2021 1:28 PM To: FeyEric <Eric.Fey@col liercountyfl.gov>; OrthRichard <Richard.Orth@colliercountyfl.gov> Cc: FinnTimothy <Timothy.Finn @colliercountyfLgov> Subject: Pre-App Notes for Golden Gate Water Reclamation Facility (CU) _ PL20210001657 Hi Eric and Rick, We had a Pre-App Meeting on 7/28 on this one that I wasn't invited to, and I am just getting around to collecting any Notes/Comment you want to pass along to the Agent, Grady Minor. Collier County Public Utilities is the applicant. Ray is requesting a revised Conceptual Site plan. The only info I have on this request is that it is a proposal for the expansion of the existing Facility. See attached Zoning Map and attached cover sheet for the notes. Tim Finn will be the Principal Planner for the project. Operations Analyst - Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2526 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning � � 2 1 Packet Pg. 344 3.D.g ThomasClarkeVEN From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Thomas, BrownCraig Friday, August 20, 2021 2:36 PM ThomasClarkeVEN Golden Gate Water Reclamation Facility (CU). PL20210001657 Environmental data Checklist updated December 2016.doc; Conditional Use checklist short REVISED 7-12-2016.doc Follow up Flagged Here are my notes for this one. ES Staff will visit the property to determine if listed species survey is needed (onsite visit). IF no trees are located onsite provide a narrative to explain the clearing of native vegetation with supporting documentation ( Historic aerials 1989 and or permit approvals) and add a note to the Master Concept Plan " No Preservation Required." Please provide Environmental Data: Please provide FLUCFCS aerial map of the subject property please include the invasive exotic plant percentage amounts and indicate which FLUCFCS are being considered Native Vegetation. Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), and provide a legend for each of the FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on -site. In a separate report, demonstrate how the preserve selection criteria pursuant to 3.05.07 have been met. Where applicable, include in this report an aerial showing the project boundaries along with any undeveloped land, preserves, natural flowways or other natural land features, located on abutting properties. 2. Please address how the proposed project is consistent with Conservation Coastal Management Element (CCME) Policy 6.1 and Objective 7.1. 3. Explain how the project meets or exceeds the native vegetation requirements and minimizes impacts to listed species as required in the CCME. (The preservation Requirement is 15% if native vegetation exists onsite). Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs and will comply with the WRM-ST pursuant to 3.06.00. Include the location of the Wellfield Risk Management Special Treatment Overlay Zones on the SDP or final plat construction plans. For land use applications such as standard and PUD rezones and CUs, provide a separate site plan or zoning map with the project boundary and Wellfield Risk Management Special Treatment Overlay Zones identified. The Fee is $2500 check off Environmental Data. Craig Brown Senior Environmental Specialist (z;y) a 5,1 - 2 s 41 g Packet Pg. 345 ��L 3.D.g Environmental Checklist Conditional Use Project Name CC7 ki,4 ram,._ Q�c ca �aaT��ti �y�c, �,n, �cu� CAL Zvz..1 - /6S7 1. Is the project is in compliance with the overlays, districts and/or zoning on the subject site and/or the surrounding properties? (CON, ST, PUD, RLSA, RFMU, etc.) (LDC 2.03.05-2.03.08; 4.08.00) Not in CV Library 2. Submit a current aerial photograph (available from the Property Appraiser's office) and clearly delineate the subject site boundary lines. If the site is vegetated, provide FLUCFCS overlay and vegetation inventory identifying upland, wetland and exotic vegetation (Admin. Code Ch. 3 G.1. Application Contents #24). FLUCFCS Overlay -P627 3. Clearly identify the location of all preserves and label each as "Preserve" on all plans. (LDC 3.05.07.A.2). Preserve Label- P546 4. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on -site or mitigated off -site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.13-13; 3.05.07.F; 3.05.07.H. Ld-e). Preserve Calculation - P547 5. Created and retained preserve areas shall meet the minimum width requirements per LDC 3.05.07.H.1.b. Preserve Width - P603 6. Retained preservation areas shall be selected based on the criteria defined in LDC 3.05.07.A.3, include all 3 strata, be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off -site preservation areas or wildlife corridors. (LDC 3.05.07.A.1-4) Preserve Selection- P550 7. Principle structures shall be located a minimum of 25' from the boundary of the preserve boundary. No accessory structures and other site alterations, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within 10' of the boundary unless it can be shown that it will not affect the integrity of the preserve (i.e. stem wall or berm around wetland preserve). Provide cross -sections for each preserve boundary identifying all site alterations within 25'. (LDC 3.05.07.H.3; 6.01.02.C.) Preserve Setback - New 8. Wildlife survey required for sites where an EIS is not required, when so warranted. (LDC 10.02.02.A.2.f) Listed Species - P522 9. Provide Environmental Data identifying author credentials, consistency determination with the GMPs, off -site preserves, seasonal and historic high water levels, and analysis of water quality. For land previously used for farm fields or golf course, provide soil sampling/groundwater monitoring reports identifying any site contamination. (LDC 3.08.00) Environmental Data Required - P 522 10. Master Plan shall state the minimum acreage required to be preserved. (LDC 10.02.13.A.2) Master Plan Contents-P626 Additional Comments: Packet Pg. 346 3.D.g Environmental Data Checklist Project Name GG WATT- P-,ec Tjo,- ,L_11,a41-, i'y (c4) — PL /6 C7 The Environmental Data requirements can be found in LDC Section 3.08.00 Provide the EIS fee if PUD or CU. WHO AND WHAT COMPANY PREPARED THE ENVIRONMENTAL DATA REPORT? Preparation of Environmental Data. Environmental Data Submittal Requirements shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. Please include revision dates on resubmittals. Identify on a current aerial, the location and acreage of all SFWMD jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System (FLUCFCS) and include this information on the SDP or final plat construction plans. Wetlands must be verified by the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection (DEP) prior to SDP or final plat construction plans approval. For sites in the RFMU district, provide an assessment in accordance with 3.05.07 F and identify on the FLUCFCS map the location of all high quality wetlands (wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM) and their location within the proposed development plan. Sites with high quality wetlands must have their functionality scores verified by the SFWMD or DEP prior to first development order approval. Where functionality scores have not been verified by either the SFWMD or DEP, scores must be reviewed and accepted by County staff, consistent with State regulation. 4. SDP or final plat construction plans with impacts to five (5) or more acres of wetlands shall provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre -development conditions. The analysis shall be performed using methodologies approved by Federal and State water quality agencies, and must demonstrate no increase in nutrients (nitrogen and phosphorous) loadings in the post development scenario. 5. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. 6. Where native vegetation is retained on site, provide a topographic map to a half foot and, where possible, provide elevations within each of the FLUCFCS Codes identified on site. For SDP or final plat construction plans, include this information on the site plans. Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee, when the project is not reviewed or technical assistance not provided by the FFWCC and USFWS. Additional survey time may be required if listed species are discovered 8. Provide a survey for listed plants identified in 3.04.03 9. Wildlife habitat management and monitoring plans in accordance with 3.04.00 shall be required where listed species are utilizing the site or where wildlife habitat management and monitoring plans are required by the FFWCC or USFWS. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. Identify the location of listed species nests, burrows, dens, foraging areas, and the P.1 Packet Pg. 347 3.D.g location of any bald eagle nests or nest protection zones on the native vegetation aerial with FLUCFCS overlay for the site. Wildlife habitat management plans shall be included on the SDP or final plat construction plans. Bald eagle management plans are required for sites containing bald eagle nests or nest protection zones, copies of which shall be included on the SDP or final plat construction plans. 10. For sites or portions of sites cleared of native vegetation or in agricultural operation, provide documentation that the parcel(s) were issued a permit to be cleared and are in compliance with the 25 year rezone limitation pursuant to section 10.02.06. For sites permitted to be cleared prior to July 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the GMP. Criteria defining native vegetation and determining the legality, process and criteria for clearing are found in 3.05.05, 3.05..07 and 10.02.06. 11. Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), and provide a legend for each of the FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on -site. Include the above referenced calculations and aerials on the SDP or final plat construction plans. In a separate report, demonstrate how the preserve selection criteria pursuant to 3.05.07 have been met. Where applicable, include in this report an aerial showing the project boundaries along with any undeveloped land, preserves, natural flowways or other natural land features, located on abutting properties. 12. Include on a separate site plan, the project boundary and the land use designations and overlays for the RLSA, RFMU, ST and ACSC-ST districts. Include this information on the SDP or final plat construction plans. 13. Where off -site preservation of native vegetation is proposed in lieu of on -site, demonstrate that the criteria in section 3.05.07 have been met and provide a note on the SDP or final plat construction plans indicating the type of donation (monetary payment or land donation) identified to satisfy the requirement. Include on the SDP or final plat construction plans, a location map(s) and property identification number(s) of the off -site parcel(s) if off -site donation of land is to occur. 14. Provide the results of any Environmental Assessments and/or Audits of the property, along with a narrative of the measures needed to remediate if required by FDEP. 15. Soil and/or ground water sampling shall be required at the time of first development order submittal for sites that occupy farm fields (crop fields, cattle dipping ponds, chemical mixing areas), golf courses, landfill or junkyards or for sites where hazardous products exceeding 250 gallons of liquid or 1,000 pounds of solids were stored or processed or where hazardous wastes in excess of 220 pounds per month or 110 gallons at any point in time were generated or stored. The amount of sampling and testing shall be determined by a registered professional with experience in the field of Environmental Site Assessment and shall at a minimum test for organochlorine pesticides (U.S. Environmental Protection Agency (EPA) 8081) and Resource Conservation and Recovery Act (RCRA) 8 metals using Florida Department of Environmental Protection (FDEP) soil sampling Standard Operating Procedure (SOP) FS 3000, in areas suspected of being used for mixing and at discharge point of water management system. Sampling should occur randomly if no points of contamination are obvious. Include a background soil analysis from an undeveloped location hydraulically upgradient of the potentially contaminated site. Soil sampling should occur just below the root zone, about 6 to 12 inches below ground surface or as otherwise agreed upon with the registered professional with experience in the field of Environmental Site Assessment. Include in or with the Environmental Site Assessment, the acceptable State and Federal pollutant levels for the types of contamination found on site and indicate in the Assessment, when the contaminants are over these levels. If this analysis has been done as part of an Environmental Audit then the report shall be submitted. The County shall coordinate with the FDEP where contamination exceeding applicable FDEP standards is identified on site or where an Environmental Audit or Environmental Assessment has been submitted. 16. Shoreline development must provide an analysis demonstrating that the project will remain fully functional for its intended use after a six-inch rise in sea level. Packet Pg. 348 3.D.g 17. Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6.1.1 (13), if requested. 18. Where applicable, provide evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County. Include all state permits that comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on January 13, 2005. 19. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs and will comply with the WRM-ST pursuant to 3.06.00. Include the location of the Wellfield Risk Management Special Treatment Overlay Zones on the SDP or final plat construction plans. For land use applications such as standard and PUD rezones and CUs, provide a separate site plan or zoning map with the project boundary and Wellfield Risk Management Special Treatment Overlay Zones identified. 20. Demonstrate that the design of the proposed stormwater management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed Management regulations of 3.07.00. 21. For sites located in the Big Cypress Area of Critical State Concern -Special Treatment overlay district (ACSC- ST), show how the project is consistent with the development standards and regulations in 4.02.14. 22. For multi -slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with 5.05.02. Refer to the Manatee Protection Plan for site specific requirements of the Manatee Protection Plan not included in 5.05.02. 23. For development orders within RFMU sending lands, show how the project is consistent with each of the applicable Objectives and Policies of the Conservation and Coastal Management Element of the GMP. 24. The County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and GMP requirements. (LDC 10.02.02.A.3 f) The following to be determined at preapplication meeting: (Choose those that apply) a. Provide overall description of project with respect to environmental and water management issues. b. Explain how project is consistent with each of the applicable objectives and policies in the CCME of the GMP. c. Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and LDC. d. Indicate wetlands to be impacted and the effects of the impact to their functions and how the project's design compensates for wetland impacts. e. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. 25. PUD zoning and CU petitions. For PUD rezones and CU petitions, applicants shall collate and package applicable Environmental Data Submittal Requirements into a single Environmental Impact Statement (EIS) document, prior to public hearings and after all applicable staff reviews are complete. Copies of the EIS shall be provided to the County Manager or designee prior to public hearings. 26. Is EAC Review (by CCPC) required? Packet Pg. 349 N-C, . 3.D.g 27. PUD master plan or PPL/SDP site plan notes: Where preserves occur adjacent to development off site and will be used in lieu of landscape buffers, include the following condition in the environmental commitments section of the PUD document. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. 28. Additional comments 29. Stipulations for approval (Conditions) Packet Pg. 350 3.D.g ThomasClarkeVEN From: OrtmanEric Sent: Monday, August 23, 2021 8:39 AM To: ThomasClarkeVEN Subject: pre app notes Tom, you can add these to my other notes. The Golden Gate Water Reclamation Facility desires to increase its daily capacity from 1.5 million gallons to 8 million gallons. This is the third edition of the Conditional Use that the facility operates under. By expanding the capacity of the water reclamation facility, the project is consistent with Future Land Use Element (FLUE) of the Growth Management Plan (GMP) in that the expansion of public facilities are being timed to accommodate current and future growth in an urbanized area of the County. More specifically, the expansion in consistent with the objectives and policies of the FLUE listed below. Objective 2: Coordinate land uses with the availability of public facilities, accomplished through the Concurrency Management System of the Capital Improvement Element and implemented through the Adequate Public Facilities Ordinance of the Land Development Code. Policy 2.1: The County shall maintain the Concurrency Management System in the Capital Improvement Element by implementation of the Adequate Public Facilities Ordinance of the Land Development Code. Policy 5.4 — All applications and petitions for proposed development shall be consistent with this Growth Management Plan, as determined by the Board of County Commissioners. Policy 5.7: Encourage the use of land presently designated for unban intensity uses before designation other areas for urban intensity uses. This shall occur by planning for the expansion of the County owned and operated public facilities and services to existing demands designate for urban intensity uses, before services new areas. Co er Cotl"ky Collier County Growth Management Department Principal Planner, Zoning Division 2800 North Horseshoe Drive Naples, FL 34104 Direct line: (239) 252-1032 Eric.Ortman@colIiercountyfl.gov Visit our Webiste at: WWW.COLLIER000NTYFL.GOV Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Information contained in this email is subject to verification by the Zoning Manager and/or Planning Director; if this information is being used as a basis for the purchase/lease of a property or as a guide for the design of a project, it is recommended that a Zoning Verification Letter or Zoning Certificate Application is submitted to zoning services. Packet Pg. 351 3.D.g Co*er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net (239) 252-2400 Pre -Application Meeting Notes Petition Type: PL20210001631 Rezone Date and Time: 1:30 p.m. July 21, 2021_ Assigned Planner: Laura DeJohn Engineering Manager (for PPL's and FP's): .t Information Project Name: GG Water Reclamation Facility PL #: 20210001657 Property ID 36450440006 Current Zoning: SF-3 w CU, ST/W3, ST/W FLUM is UR Sub and GG Density Band. Project Address: Tropicana & 32nd Ave SW Applicant : Wayne Arnold Agent Name: Q Grady Minor Phone: 239-947-1144 Agent/Firm Address: 3800 Via Del Rey City: Bonita Springs State: FL Zip: 34134 Property Owner: Collier County Please provide the following, if applicable: V. Total Acreage: Appraiser's Office ±14.9 Proposed # of Residential Units: 0 Proposed Commercial Square Footage: 0 For Amendments, indicate the original petition number: If there is an Ordinance or Resolution associated with this project, please indicate the type and number: Res. 84-148, Res. 94-533, Ord. 12-38, SDPI in 2020 Updated 7/24/2018 Page I lza" Packet Pg. 352 CoTer County 3.D.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net (239) 252-2400 vi. If the project is within a Plat, provide the name and AR#/PL#: No recorded plat Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note — link is https://www.colliergov.net/Home/ShowDocument?id=75093. Applicant seeks to upgrade existing facilities and add additional facilities to increase capacity from 1.5 million gallons per day to 8 million gallons per day. Existing injection wells will be modernized. Above ground holding areas will be removed and replaced with sub- surface storage. Facility has previously been expanded (Res 94-533). Property is County owner and obligated in CEI AUIR to come online in one year. Two additional access points for internal circulation are being sought off of Tropicana Blvd. Discussion over potential, if any, impact of the ST/W3 and ST/W4 well fields. Rich Orth noted that GG no longer uses the well fields but they have not been abandoned. If EAC becomes involved the project will need to go to the CCPC. Rich will follow up on this with Chad Ward at pollution control. Ray Bellows noted that the average time to get a simple CU such as this one through the process is 6-7 months. Eric Ortman, Senior Planner, Comprehensive Planning Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 7/24/2018 JC 3 Page I ;6 -5 Packet Pg. 353 CoTer County 3.D.g COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercountvfl.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Meeting Notes 7-71 S70 n.V*%„ — � ti.�.tiu� OrzT� - S �z.�- PrrC-4 p e.v"A-t L- i'46 3 4-(- 3 A. Z �i�n.►1 Cr.�+?1- - %�'%?n I TQ:n�EToti. S e� ,q. T-. 4, o tin, PlfC5� 3 a Other required documentation for submittal (not listed on application): Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 1/12/2021 Page 1 3 of 5 Packet Pg. 354 3.D.g ThomasClarkeVEN From: OrthRichard Sent: Thursday, August 19, 2021 3:56 PM To: ThomasClarkeVEN Subject: RE: Pre-App Notes for Golden Gate Water Reclamation Facility (CU) _ PL20210001657 Thomas, From a Stormwater Management Planning perspective stormwater has no issues since they already have a stormwater management permit. However, to address any conditional use impacts they will need to submit: • A stormwater management plan that addresses which one stop permitting Agency/Department they will be permitting the ERP through, stormwater outfall location, ERP committed discharge rate and if they will have a Department ERP NPDES permit. Rick Orth Richard Orth, P.G., Sr. Environmental Specialist Collier County Growth Management Department Capital Project and Impact Fees Program Management Stormwater Management Section 2685 South Horseshoe Drive, Ste 103, Naples, FL 34104 Office 239-252-5092, Cellular 239-276-3085 RichardOrth@CollierGov.Net From: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Sent: Thursday, August 19, 2021 1:28 PM To: FeyEric <Eric.Fey@colliercountyfl.gov>; OrthRichard <Richard.Orth@colliercountyfl.gov> Cc: FinnTimothy <Timothy.Finn@colliercountyfl.gov> Subject: Pre-App Notes for Golden Gate Water Reclamation Facility (CU) _ PL20210001657 Hi Eric and Rick, We had a Pre-App Meeting on 7/28 on this one that I wasn't invited to, and I am just getting around to collecting any Notes/Comment you want to pass along to the Agent, Grady Minor. Collier County Public Utilities is the applicant. Ray is requesting a revised Conceptual Site plan. The only info I have on this request is that it is a proposal for the expansion of the existing Facility. See attached Zoning Map and attached cover sheet for the notes. Tim Finn will be the Principal Planner for the project. 74ma4 e Operations Analyst - Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone:239-252-2526 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning IE Co ler Couvity 1 Exceeding Expectations Everyday Packet Pg. 355 3.D.g ThomasClarkeVEN From: BellowsRay Sent: Wednesday, July 28, 2021 2:58 PM To: OrthRichard Cc: LauraDeJohnVEN; ThomasClarkeVEN Subject: RE: GG New Plant Expansion - Today's Pre-app Meeting for a CU Hi Richard, �t � � � �' Li Since L t-is the assigned planner, I have copied her to see if she wants to be included in this discussion about the project background and possible conditions of approval. Respectfully, R" Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department Telephone: 239.252.2463; Fax: 239.252.6350 C;Owe-r County Exceeding expectations, every day! TO us how we are doing by taking our Zoning Division Survey at From: OrthRichard <Richard.Orth@colliercountyfl.gov> Sent: Wednesday, July 28, 2021 2:28 PM To: BellowsRay <Ray.Bellows@ coIliercountyfl.gov> Subject: RE: GG New Plant Expansion - Today's Pre-app Meeting for a CU Ray, I have a little background in this subject matter and if you want, we can meet to discuss possible conditional use conditions to make this proposal for an 8 MGD WWTP on this parcel palatable for the surrounding community and County PUD. Rick Orth From: BellowsRay <Ray.Bellows @ col Iiercountyfl.gov> Sent: Wednesday, July 28, 2021 12:10 PM To: ThomasClarkeVEN <Thomas.Clarke@colliercountvfl.gov>; LauraDeJohnVEN <Laura.DeJohn@colliercountyfl.gov> Cc: OrthRichard <Richard.Orth@colliercountvfl.gov> Subject: FW: GG New Plant Expansion - Today's Pre-app Meeting for a CU Thank you! �� Packet Pg. 356 3.D.g Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department Telephone: 239.252.2463; Fax: 239.252.6350 Goiter County Exceeding expectations, every day.! Tell us how we are doing by taking our Zoning Division Survey at https://aoo.al/eXmvgT. rA From: OrthRichard <Richard.OrthCc@colliercountyfl.gov> Sent: Wednesday, July 28, 2021 11:06 AM / To: BellowsRay <Ray.Bellows@colliercountyfl.gov> Lj Subject: GG New Plant Expansion Ray, FYI, old Bill Lorenz, P.E. house is approximately 2,300 feet from this facility. Richard Orth, P.G., Sr. Environmental Specialist Collier County Growth Management Department Capital Project and Impact Fees Program Management Stormwater Management Section 2685 South Horseshoe Drive, Ste 103, Naples, FL 34104 Office 239-252-5092, Cellular 239-276-3085 RicharclOrth@CollierGov.Net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3 A.-;z. Packet Pg. 357 3.D.g ThomasClarkeVEN From: TempletonMark Sent: Wednesday, July 28, 2021 11:10 AM To: ThomasClarkeVEN Subject: PL20210001657-Golden Gate Water Reclamation Facility (CU) Follow Up Flag: Follow up Flag Status: Flagged Hi Thomas, Below is my comment for the pre-app notes for the above CU Landscape: Label the 15' Type B LBE's required on all sides of the project boundary on the updated Master Plan Respectfully, Mark Templeton, RLA Principal Planner/Landscape Review Collier CoH.saty Development Review Division Exceeding Expectations, Every Day! NOTE: Email Address Has Changed 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.2475 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! Disclaimer- this email is not to be interpreted as an endorsement or approval of any permit, plan, project, or deviation from the Land Development Code. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Pi46e 3 .I Packet Pg. 358 3.D.g ThomasClarkeVEN From: SawyerMichael Sent: Wednesday, July 28, 2021 10:57 AM To: ThomasClarkeVEN; LauraDeJohnVEN Subject: Golden Gate Water Reclamation CU Pre App Notes Follow Up Flag: Follow up Flag Status: Flagged Thomas, Please check the TIS required box on the pre app checklist as well as methodology on the next page with a note that methodology will be by email to staff. Please also add the following notes: Transportation Planning: Methodology meeting by email required and provide note on TIS cover sheet that fee will be collected at time of CU submittal. Address all transportation elements of the GMP. Respectfully, Michael Sawyer Principal Planner Growth Management Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 michael.sawyer(&colliercountyfl.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. `f}t� c: Packet Pg. 359 CoAr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL# 20210001657 Collier County Contact Information: 3.D.g Name Review Discipline Phone Email ❑ Maggie Acevedo North Collier Fire 252-2309 macevedo@northcollierfire.com ❑ Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov ❑ Laurie Beard PUD Monitoring 252-5782 laurie.beard@colliercountyfl.gov Craig Brown Environmental Specialist 252-2548 craig.brown @colliercountyfLgov ❑ Alexandra Casanova Operations Coordinator 252-2658 Alexandra.casanova@colliercountyfl.gov ❑ Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov Thomas Clarke Zoning Operations Coordinator 252-2584 thomas.clarke@colliercountyfl.gov ❑ Jamie Cook Prin. Environmental Specialist 252-6290 Jaime.cook@colliercountyfl.gov ❑ Jackie De la Osa North Collier Fire 252-2312 jdelaosa@northcollierfire.com ❑ Maggie DeMeo North Collier Fire 252-2308 pdemeo@northcollierfire.com Eric Fey, P.E. Utility Planning 252-1037 eric.fey@colliercountyfl.gov Tim Finn, AICP Zoning Principal Planner 252-4312 1 timothy.finn@colliercountyfl.gov ❑ Sue Faulkner Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov ❑ Jeremy Frantz LDC Manager 252-2305 Jeremy. Frantz@colliercountyfLgov ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov ❑ Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov ❑ Cormac Giblin, AICP Development Review -Planning Manager 252-5095 Cormac.giblin@colliercountyfl.gov ❑ Nancy Gundlach, AICP Zoning Principal Planner 252-2484 nancy.gundlach@colliercountyfl.gov 11 Richard Henderlong Zoning Principal Planner 252-2464 richard.henderlong@colliercountyfl.gov ❑ John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov ❑ Anita Jenkins Planning & Zoning Director 252-5095 Anita.jenkins@colliercountyfl.gov ❑ John Kelly Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov ❑ Parker Klopf Zoning Senior Planner 252-2471 Parker.klopf@colliercountyfl.gov ❑ Troy Komarowski North Collier Fire 252-2521 tkomarowski@northcollierfire.com ❑ Sean Lintz North Collier Fire 597-9227 slintz@northcollierfire.com ❑ Diane Lynch Operations Analyst 252-8243 diane.lynch @colIiercountyfLgov ❑ Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfl.gov Updated 1/12/2021 Page 1 4 of 5 Packet Pg. 360 Cover County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 3.D.g ❑ Jack McKenna, P.E. Engineering Services 252-2911 jack. mckenna@colliercountyfLgov Matt McLean, P.E. Development Review Director 252-8279 matthew.mclean@colliercountyfl.gov ❑ Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov ❑ Annis Moxam Addressing 252-5519 annis.moxam@colliercountyfl.gov Richard Orth Stormwater Planning 252-5092 rchard.orth@coiliercountyfLgov ❑ randy Otero Transit 252-5859 bra ndy.otero@colliercountyfLgov Derek Perry Assistant County Attorney 252-8066 Derek.perry@colliercountyfl.gov ❑ Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfl.gov ❑ Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com ❑ Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblum@coiliercountyfLgov ❑ James Sabo, AICP Zoning Principal Planner 252-2708 james.sabo@colliergo.net lVMichael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corby.schmidt@colliercountyfl.gov ❑ Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov ❑ Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov ❑ Connie Thomas Client Services Supervisor 252-6369 Consuela.thomas@colliercountyfl.gov ❑ Jessica Velasco Client Services 252-2584 jessica.velasco@colliercountyfl.gov ❑ Jon Walsh, P.E. Building Review 252-2962 jonathan.walsh@colliercountyfl.gov ❑ Kirsten Wilkie Environmental Review Manager 252-5518 1 kirsten.wilkie@colliercountyfl.gov ❑ Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov ❑ Daniel Zunzunegui North Collier Fire 252-2310 Daniel.Zunzunegui@colliercountyfl.gov Additional Attendee Contact Information: Name Representing Phone Email %�i Him �I'Ll'�Dc �? j�,vnU r� 1-2rVUL� i e(l _e, 4CO C.r, Updated 1/12/2021 Page 1 5 of 5 Packet Pg. 361 3.D.g Co , ter C DUnty Growth Management Department Zoning Division Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20210001657 — Golden Gate Water Reclamation Facility(CU) -Planner: Tim Finn Assigned Ops Staff: Thomas Clarke STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request Sharon Umpenhour 239-947-1144 • Agent to list for PL# D. Wayne Arnold, AICP • Owner of property (all owners for all parcels) Collier Cnty % Water -Sewer District • Confirm Purpose of Pre-App: Conditional Use • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): N/A • Details about Project: Proposed expansion of existing facility REQUIRED Supplemental Information provided by: Name: Sharon Umpenhour Title: Senior Planning Technician Email: sumpenhour@gradyminor.com Phone: 239-947-1144 Cancellation/Reschedule Requests: Contact Danny Condom ina-Client Services Supervisor danny.condomina@colliercountyfl Phone: 239-252-6866 Created April 5, 2017 Location: K:\CDES Planning Services\Current\Zoning Staff Information Zoning Division - 2800 North Horseshoe Drive • Naples, Fonda 34104.239-252-2400 • wmv.coliergov.net Packet Pg. 362 Co*r County 3.D.g COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the r C. 'CI L.CI ILdr'C UI �W- I III LCI CJL. Name and Address % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the lercentage of stock owned by each: Name and Address % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the CI L.CI ILdgtf UI II ILCI CJ L: Created 9/28/2017 Name and Address I % of Ownership Page 1 of 3 Packet Pg. 363 c Ame4o, County 3.D.g COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net e f. C 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 If the property is in the name of a GENERAL or LIMITED PARTNERSHIP list the name of the c111=1aiaiiu/ui i11111M Naiuicia. Name and Address % of Ownership 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 I % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Date subject property acquired ❑ Leased: Term of lease Name and Address years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Packet Pg. 364 Co&r County 3.D.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Date of option: Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Agent/Owner Name (please print) Created 9/28/2017 Date Page 3 of 3 Packet Pg. 365 3.D.g Goer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: ❑ A Conditional Use to be heard by the Planning Commission and Board of Zoning Appeals A Minor Conditional Use to be heard by the Office of the Hearing Examiner Chapter 3 C.1. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. Requirements for Review # . Copies Required Not Required Completed Application (download current form from County website) 1 ® ❑ Cover letter briefly explaining the project 1 Pre -Application Notes 1Li Affidavit of Authorizationsigned and notarized 1 ® ❑ Completed Addressing Checklist 1 ® ❑ Property Ownership Disclosure Form 1 ® ❑ Warranty Deed(s) 1 ❑ Boundary Survey 1 Conceptual Site Plan 24" X 36" plus (one 8 Y2 X 11 copy) Plans showing proposed location for utilities, if required -FH Plans for screening and buffering the use with reference as to type, dimensions, and character, if required ❑ Plans showing the proposed landscaping and provisions for trees protected by County regulations, if required ❑ Plans showing the proposed signs and lighting, including type, dimensions, and character, if required �L( -J ❑ Architectural Rendering of Proposed Structure(s), if applicable 1 ❑ Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 ❑ Statement of utility provisions (with all required attachments & sketches) 1 Environmental Data Requirements, pursuant to LDC section 3.08.00 1 x- Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) at time of public hearings. Coordinate with project planner at time of public hearing. ❑ D Listed Species Survey; less than 12 months old. Include copies of previous surveys. 1 Li Traffic Impact Study (TIS) or waiver F4, ev4TT Su3.u+ttLE 1Li Historical and Archeological Survey, or waiver 1 Electronic copy of all documents and plans * Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 1 ❑ * If located in the Bayshore/Gateway Triangle Redevelopment Area, include an additional set of each submittal requirement 5/08/2018 Page 8 of 12 Packet Pg. 366 Co*.r County 3.D.g COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. Planners: Indicate if the petition needs to be routed to the followine additional reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ Conservancy of SWFL: Nichole Johnson GMD Graphics ❑ City of Naples: Robin Singer, Planning Director Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams ❑ Immokalee Water/Sewer District: Other:IP I ►'� ❑ School District (Residential Components): Amy Lockheart Communication Towers: ❑ Mosquito Control ❑ Collier County Airport Authority ❑ Naples Airport Authority Commercial 5/08/2018 Page 9 of 12 Packet Pg. 367 Coil ier County 3.D.g COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 FEE REQUIREMENTS All checks payable to: Board of County Commissioners Xvre-Application Meeting: $500.00 (to be credited towards the application fee if the application is filed within 9 months of pre -application meeting) Conditional Use Application Fee: $4,000.00 o When filed with Rezone Petition: $1,500.00 o Additional fee for 5' and subsequent reviews: 20% of original fee XComprehensive Planning Consistency Review: $300.00 X Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 F1 Listed or Protected Species survey review fee (when an EIS is not required): $1,000.00 Transportation Fee, if required: Fr- • Methodoloev Review Fee: $500.00— 19y timalL- re) S7A9 o Minor Study Review Fee: $750.00 o Major Study Review Fee: $1,500.00 Estimated Legal Advertising Fee for the Hearing Examiner or CCPC: $1,125.00 Estimated Legal Advertising Fee for the BZA, if required: $500.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Agent/Owner Name (please print) Date 5/08/2018 Page 10 of 12 Packet Pg. 368 3.D.g AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20210001657 1, Tom Chmelik (print name), as Division Director (title, if applicable) of Collier County Public Utilities Department (company, If applicable), swear or affirm under oath, that I am the (choose one) owner=applicant ❑contract purchaser❑and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Q. Grady Minor & Associates, P.A. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the `general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words `as trustee" • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Tow.. U—QLk Signature STATE OF FLORIDA COUNTY OF COLLIER 9/16/2021 Date The foregoing instrument was acknowleged before me by means of ❑ physical presence or ❑x online notarization this 16 day of September , 20 21 , by (printed name of owner or qualifier) Tom Chmelik as Division Director Such person(s) Notary Public must check applicable box: 0 Are personally known to me ❑ Has produced a current drivers license ❑ Has produced Notary Signature: Drew A Codh as identification. LNotwy Pubes Stare cif Flunds Draw A Cody My Comn*Wn G 46b4W EX 031'1V2024 Online Notary Public. This notarial act involved the use of online audio/video communication technology. CP\08-COA-00115\155 REV 3/4/2020 Packet Pg. 369 4� Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be si , n�Y Addressing personnel prior to pre -application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) 0 CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) S28, T49, R26 FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 36450440006 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 4931 32nd Ave SW • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right of -way • SURVEY (copy -needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) Golden Gate WWTP PROPOSED PROJECT NAME (if applicable) Golden Gate Water Reclamation Facility name not yet approved PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP 94 - 09 or AR or PL # PL20210000136 Rev. 6/9/2017 1 Packet Pg. 370 4� Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Return Approved Checklist By: [�] Email Applicant Name: Sharon Umpenhour Phone:2399471144 ❑ Fax ❑ Personally picked up Email/Fax: sumpenhour@hotmail.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 36450440006 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: a f �+ Date: 07/22/2021 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Rev. 6/9/2017 Packet Pg. 371 Collier County Property Appraiser Property Summary Site 4931 32ND Site Zone Parcel No 36450440006 Address AVE SW Site City NAPLES *Note 3411 *Disclaimer Name/Address JCOLLIERCNTY % WATER -SEWER DISTRICT 3339 TAMIAMI TRAIL E STE 301 City I NAPLES I State I FL I Zip 134112 lap No. Strap No. Section Township I Range Acres 41328 324700 257 141328 28 49 26 14.9 Legal GOLDEN GATE UNIT 7 ALL OF BLK 255, BLK 257, BLK 258 + ALL VACATED LOTS, ROADS, ALLEYWAYS & EASESMENTS IN SAID BLKS OR 1270 PG 2130-40 Ilage Area a 20 Sub./Condo 324700 - GOLDEN GATE CITY UNIT 7 Use Code a 91 - UTILITY, GAS, ELECTRIC, TELEPHONE, LOCAL Latest Sales History (Not all Sales are listed due to Confidentiality) Date Book -Page Amount 03/01/18 5482-1730 $ 0 04/16/99 2536-908 $ 0 04/16/99 2536-900 $ 0 06/01/87 1270-2130 $ 0 09/01/84 1099-1906 $ 85,500 Millage Rates a *Calculations School Other Total 5.016 7.1177 12.1337 2020 Certified Tax Roll (Subject to Change) Land Value $ 558,7! +� Improved Value $ 67,61 (_) Market Value $ 626,4: (_) Assessed Value $ 626,4' (_) School Taxable Value $ (_) Taxable Value $ If all Values shown above equal 0 this parcel was created after the Final Tax Roll Packet Pg. 372 Collier County Property Appraiser Property Aerial Site 4931 32ND Site Zone Parcel No 36450440006 Address 493 3 Site City NAPLES *Note 3411 AVE*Disclaimer Open GIS in a New Window with More Features. Packet Pg. 373 CoiLYer County 3.D.g COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 nROPERTY 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: C Name and Address I % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address I % of Ownership Collier County, a Political Subdivision of the State of Florida 100 3335 Tamiami Trail E If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Created 9/28/2017 Name and Address I % of Ownership Page 1 of 3 Packet Pg. 374 CoiLYer County 3.D.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: e f [* Name and Address I % of Ownership 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 'I IIut=I J, JLUL.RI IUIUIn J, UCI ICI IL.IQI ICJ, UI PCII LI ICI J. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address Date subject property acquired 201 8 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Packet Pg. 375 CoiLYer County 3.D.g COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 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 Wayne D. Wayne Arnold Datle,tally 20sined2g0723y1D2:1105 04'00'Id Agent/Owner Signature D. Wayne Arnold, AICP Agent/Owner Name (please print) Created 9/28/2017 July 23, 2021 Date Page 3 of 3 Packet Pg. 376 INSTR 5518000 OR 5482 PG 1730 RECORDED 3/1/2018 3:19 PM PAGES 8 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $69.50 3.D.g Prepared by and return to: Scott Teach, Esq.. Office of the Collier County Attorney 3299 East Tamiami Trail, Suite 800 Naples, Florida 34112 [Note to Recorder: Administrative Code, THIS SPECIAL the FLORIDA GOVER Sections 199.183(1) and 201.01, Florida Statutes, and Rule 12B-4.014(10), Florida ,�wbject to Documentary Stamp Taxes or Intangibles Taxes] SPECIAL WARRANTY DEED AL created by interlocal agreeme Ypursu is 1500 Mahan Drive, Suite 250, T BOARD OF COUNTY COMIVfI THE GOVERNING BODY OF GOVERNING BOARD OF THE political subdivision of the State of F law, as codified in Chapter 2003-353 East, Suite 301, Naples, Florida 34112 , TO latj 'Y DEED effective as of the 1st day of March, 2018, by UTILITY AUTHORITY, a public body and legal entity axt to Section 163.01(7)(g), Florida Statutes, whose address assee, Florida 32308, hereinafter called "Grantor," to the A)NERS OF COLLIER COUNTY, FLORIDA, AS IER COUNTY AND EX-OFFICIO AS THE L R COUNTY WATER -SEWER DISTRICT, a an ,a body corporate and politic created by special Law, o - prida, whose address is 3339 Tamiami Trail hereipaIed "Grantee"; WITN That Grantor, for and in consideration ctf esi4m of $10.00 and other valuable considerations, receipt whereof is hereby acknowlede2i, .these presents does hereby grant, bargain, sell alien remise release, convey and con, l Grantee all that certain land g situated in Collier County, Florida as shown and more �p arly described on Exhibit "A" attached hereto and incorporated herein (the "Property"). `'LL TOGETHER with all the tenements, hereditament$ c appurtenances thereto of Grantor belonging or in anyway appertaining to the Property, I 'g, but not limited to, all water and wastewater facilities of every kind and nature lymg e Property and all appurtenant easement rights for the operation, installation and mainte aid facilities. TO HAVE AND TO HOLD, the same in fee simple forever. AND Grantor, for itself and its successors, hereby covenants with said Grantee and Grantee's successors and assigns that Grantor is lawfully seized of the Property in fee simple; that Grantor has good, right and lawful authority to sell and convey the Property; that Grantor hereby warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, but against none others; and that the Property is free of all encumbrances except as set forth in Exhibit "B" attached hereto and incorporated herein. Packet Pg. 377 OR 5482 PG 1731 3.D.g IN WITNESS WHEREOF, Grantor has caused this Special Warranty Deed in favor of Grantee to be executed in its name, and its seal to be hereunto affixed, by its proper officers hereunto duly authorized, as of the day, month and year first above written. FLORIDA GOVERNMENTAL UTILITY AUTHORITY, a public body and legal entity created by interlocal agreement pursuant to Section 163.01(7)(g), Florida Statutes By: 96-u� Lea Ann Thomas, Chair `StephM. Spratt, Secretary - STATE OF FLORIDA COUNTY OF HILLSBOROUGH This instrument was acknowledged before me Thomas, as Chair of the Florida Governmental Utilit created b interlocal agreement pursuant to Section 1 who [Yis personally known to me or U has 1 identifi6ation. KIMBERLY X DILUIGI ;,. *= MY COMMISSION # GG 167615 EVIRES: January 7, 2022 t oR.t°.• 6ondW TMu Notary P b1I. UndenwrUeta day of February, 2018 by Lea Ann 7ty, a public body and legal entity (,g), Florida Statutes, on its behalf, as THIS CONVEYANC•�ACCEPTED BY THE BOARD OF COUN COMMISSIONERS, COLLIER COUNTY FLORIDA, PURSUANT TO THE PROVISIONS OF RESOLUTION N0. 'Zyi -I - z z Z k?-1A6 a 1 k/ 1141! l I LAA 5 ,-R 2 Packet Pg. 378 OR 5482 PG 1732 3.D.g Parcel 1 Tract 1, GOLDI thereof on file ardti 7, Pages 15 and 16y parcel of land cony recorded in Official Florida. Parcel 2 EXHIBIT "A" THE PROPERTY TE ESTATES, UNIT 26, a Subdivision, according to the Map or Plat fed in the Office of the Clerk of the Circuit Court, recorded in Plat Book UPublic Records of Collier County, Florida; LESS AND EXCEPT that `$outh Florida Management District described in Quit Claim Deed :coids; 3ook 1604, Page 800, of the Public Records of Collier County, All of Blocks 255, 257 and 258, Plat thereof on file and recorded fie Book 5, page 135, Public Records and alleyways located in Block 255, 11 149 recorded in Official Records Book Parcel 3 Golden Gate, a Subdivision, according to the Map or lice of the Clerk of the Circuit Court, recorded in Plat Il r County, Florida; together with all vacated Roads fii`2,58 of said plat as recorded in Resolution No. 84- �t5'ae 166. A parcel of land in Collier County, Florida, 66 ,Olarly described as follows and being a part of the Plat of Tract A of GOLDEN GATE I $ CART 2, as recorded in Plat Book 9, Page 107A, of the Public Records of Collier Coup 1~ida, more particularly described as ,.. follows: COMMENCING at the Northwest corner of Tract A; theme.- ` ` 'ng South a distance of 649.27 feet along the West boundary of said Tract A; thence runnl- g East.,,336.31 feet to a point, said point being also described as the POINT OF BEGINNING; they North 89' 54' 2 1 " East, a distance of 331.15 feet to a point; thence run North 0° 09' 031 � tance of 75.04 feet to a point; thence run North 23' 43' 43" East a distance of 104.18 feet _ a,p int; thence run North 47' 07' 42" West a distance of 196.55 feet to a point; thence run 61 --890 44' 56" West a distance of 184.50 feet to a point; thence run South 500 09' 46" West a di t6n of 14.20 feet to a point; thence run South 110 04' 09" West a distance of 113.36 feet to pes c )hence run South 3° 45' 30" West a distance of 183.92 feet to the POINT OF BEGINNING. Parcel 4 The South 35 feet of the West 35 feet of Lot 1, Block 59, UNIT 2, GOLDEN GATE SUBDIVISION, according to the Map or Plat thereof on file and recorded in the Office of the Clerk of the Circuit Court, recorded in Plat Book 5, Pages 65 thru 77, the Public Records of Collier County, Florida. Packet Pg. 379 OR 5482 PG 1733 3.D.g 1SA:11111akutu PERMITTED ENCUMBRANCES As to all parcels: 1. Rights; gr; laims of parties in possession not shown by the public records. 2. Easemq#,fs .%ims of easements not shown by the public records. 3. Encroacles; 'pvrlaps, boundary line disputes, and any other matters which would be disclosed by an, 'a }ate survey and inspection of the premises. 4. Any lien, or right:_to4 'li6 gi, for services, labor, or material heretofore or hereafter furnished, imposed by law, l A ``shown by the public records. s 5. Any claim that any part. Property is owned by the State of Florida by right of sovereignty, and riparian ` , ` .! - ny. 6. Taxes for the year 2018 and's*e' years, which are not yet due and payable. 7. Oil, Gas and Sulphur Lease Aoe�%axt,, by Delaware corporation, Tamiami d,>I3ov, Tamiami Trail Estates, �o .' r corporation, Caloosahatchee Tropical Corporation, a Delaware corporation, )fie Coast Realties Corporation, a Delawar C Company dated December 3, 1940 and recur 560, of the Public Records of Collier County, and between Lee County Land Company, a lopment Company, a Delaware corporation, rporation, Deep Lake Company, a Florida y,, a Florida corporation, Florida Timber Lands U nd Company, a Delaware corporation, Gulf po tion and Peninsular Oil and Refining p�eeember 28, 1940 in Deed Book 9, Page 8. Oil, Gas and Mineral Deed from Barron Collier, r, i& . iles Collier joined by Barbara M. Collier, wife of Barron Collier, Jr. and Isabel 'ts , wife of Miles Collier to Anchor U. Investment Corporation, a Florida corporation dated September 29, 1953 and recorded October 5, 1953 in Deed Book 30, Page 86, of the Publid,'*C.�M of Collier County, Florida. 9. Resolution establishing the Immokalee Planning Area and thwCo tal Planning Area dated May 4, 1976 and recorded May 6, 1976 in Official Recora-�, of >649, Page 1239, of the Public Records of Collier County. 10. Ordinance No. 75-20 as to regulating the installation of any water distributfon.l:, and wastewater s collection system, dated May 5, 1975 and recorded May 19, 1975 inl' Records Book 619, Page 1177, of the Public Records of Collier County, Florida. 11. Ordinance No. 75-21 as to protective trees, dated May 6, 1975 and recorded May 19, 1975 in Official Records Book 619, Page 1191, of the Public Records of Collier County, Florida. 12. Ordinance No. 75-24 as to zoning regulations, dated May 6, 1975 and recorded May 19, 1975 in Official Records Book 619, Page 1191, of the Public Records of Collier County, Florida. m 0 0 0 N O N J a ti rn v 4 Packet Pg. 380 OR 5482 PG 1734 3.D.g 13. Subject to the rules and regulations of surface and ground water utilization as set forth in Constructive Notice and Demand dated March 31, 1989 and recorded March 31, 1989 in Official Records Book 1428, Page 2003, of the Public Records of Collier County, Florida. 14. Covenant to Cooperate by and between the Florida Governmental Utility Authority and Avatar.,,ll ilities, Inc., a Delaware corporation and Avatar Properties, Inc., a Florida corpor ti n;dated April 7, 1999 and recorded April 16, 1999 in Official Records Book 2536, Pag� _the Public Records of Collier County, Florida. 15. Transfer; ,,s5i`' nt and Assumption Agreement by and between the Florida Governmental Utility Ali .F - " ty>ai1l Florida Cities Water Company dated April 7, 1999 and recorded April 16, 1999 in Oecords Book 2536, Page 921, of the Public Records of Collier County, Florida. 16. Easement from L Thomas to Florida Power & Light Company dated April 16, 2009 and recorded April 2;00 in Official Records Book 4447, Page 1597, of the Public Records of Collier Coup ofida. Note: Grantor was Chairperson of Florida Governmental Utility Authority at the fimefoi.kveyance and appears to grant easement on its behalf. As to Parcel 1: 17. Matter as set forth on the Plat of Go rate Estates dated November 18, 1964 and recorded January 21, 2000 in Plat Book 7, P es5 .17 & 19, of the Public Records of Collier County, Florida. q'`,. 18. Oil, Gas and Mineral Lease by and befc�en its Collier and Barron Collier, Jr. joined by their respective wives, Isabel Collier andar Collier and Humble Oil & Refining Company dated July 1, 1952 and recorded st 1952 in Deed Book 24, Page 385, of the Public Records of Collier County, Florida: , <'', 19. Resolution Establishing Suburban and Agricultural4=10", isions from the Board of County Commissioners of Collier County dated March 7 ,nd recorded March 13, 1963 in Official Records Book 83, Page 183, of the Public Records', gllier County, Florida. 20. Restrictive Covenants by and between Gulf American CioratQn, a Florida corporation, Central Bank and Trust Company, a Florida banking corps ' On as Trustee, under Land Trust No. 62/LT/10/426 and under Land Trust No. 63/LT%( , 0 `end A.I.G. Financial Corporation, a Delaware corporation, as Beneficiary under Land'f,pi. 62/LT/10/426 and All Future Owners of Golden Gate Estates dated August 25, 1967 �orded November 23, 1967 in Official Records Book 251, Page 390, of the Public Records -of C, ollier County, Florida. 21. Resolution from the Board of County Commissioner Collier County, Florida as recorded September 29, 1988 in Official Records Book 1383, Page 2323, of the Public Records of Collier County, Florida. 22. Easement from Florida Cities Water Company to Florida Power & Light Company dated December 9, 1994 and recorded December 14, 1994 in Official Records Book 2011, Page 1201, of the Public Records of Collier County, Florida. 5 Packet Pg. 381 OR 5482 PG 1735 3.D.g As to Parcel 2: 23. Matter as set forth on the Plat of GOLDEN GATE UNIT 7, a subdivision, recorded August 25, 1964 in Plat Book 7, Pages 135 through 146, of the Public Records of Collier County, Florida. 24. Resol illo; ,;;,Establishing Suburban and Agricultural Subdivisions from the Board of rs of Collier County, Florida dated March 7, 1961 and recorded March 13, 1961 in Offloids Book 80, Page 183, of the Public Records of Collier County, Florida. 25. Deed of kesta;fft#)i from Gulf American Land Corporation to All Future Owners of Lots in Golden Gate .-S' bd v4sion dated November 13, 1963 and recorded November 14, 1963 in Official Reco's Book 154, Page 554; Amended Deed of Restrictions recorded January 30, 1964 in Official Record s;Book 160, Page 503; Amendment to Deed of Restrictions recorded February 27, 'Official Records Book 163, Page 88; Amendment to Deed of Restrictions recorded anumy- 25, 1965 in Official Records Book 182, Page 762; Amendment to Golden Gate City Suit. ' ' Deeds of Restrictions and Amendments recorded July 13, 1982 in Official Recordi ;r ,979, Page 1512; Amendments to Deed of Restrictions recorded December 22, l ii: cial Records Book 57, Page 1116; Amendment to Deed of Restrictions recorded lvlch° 1984 in Official Records Book 1072, Page 392; Amendment to Deed of Res ti'iir ,'ons ,orded September 25, 1984 in Official Records Book 1102, Page 830; all of the Public ecx,f Collier County, Florida. 26. Deed of Restrictions from Gulf Amer oration to All Future Owners of Lots in Unit 7, Golden Gates Subdivision, Collier Co ,f ` 1orida, per plat recorded in Plat Book 5, Page 135 through 146; Deed of Restrictions`�t ember 26, 1969 and recorded January 13, 1970 in Official Records Book 338, Page°680'' ' `_zidment to Golden Gate City Subdivision Deeds of Restrictions and Amendments :'�3, 1982 in Official Records Book 979, Page 1512, both of the Public Records of Col ter. Florida. 27. Resolution from the Board of County Commis: April 12, 1976 in Official Records Book 646, County, Florida. 28. Easement from Avatar Properties, Inc. to Florida Power 1984 and recorded April 24, 1984 in Official Records F Records of Collier County, Florida. dlier County, Florida as recorded of the Public Records of Collier iy dated March 19, 1006, of the Public 29. Resolution Number 84-149 from the Board of County Comifiissiodib"" Collier County, Florida as recorded August 8, 1984 in Official Records Book 1096, Pag i6, of the Public Records of Collier County, Florida. 30. Easement from Robert H. French to Florida Power & Light Company dated August 12, 1988 and recorded September 3, 1988 in Official Records Book 1377, Page 2120, of the Public Records of Collier County, Florida. As to Parcel 3: 31. Matter as set forth on the Plat of GOLDEN GATE UNIT 8 PART 2, a subdivision as recorded in Plat Book 9, Page 108, of the Public Records of Collier County, Florida. Packet Pg. 382 OR 5482 PG 1736 3.D.g 32. Resolution Establishing Suburban and Agricultural Subdivisions from the Board of Commissioners of Collier County, Florida dated March 7, 1961 and recorded March 13, 1961 in Official Records Book 80, Page 183, of the Public Records of Collier County, Florida. 33. Deed of Restrictions from Gulf American Land Corporation to All Future Owners of Lots in Golden Gate Subdivision dated November 13, 1963 and recorded November 14, 1963 in Officiallecqrds Book 154, Page 554; Amended Deed of Restrictions recorded January 30, 196r0ial Records Book 160, Page 503; Amendment to Deed of Restrictions recorded Febni -` 964 in Official Records Book 163, Page 88; Amendment to Deed of Restrict,p` s reb, r ed January 25, 1965 in Official Records Book 182, Page 762; Amendment to Goldeifi N Subdivision Deeds of Restrictions and Amendments recorded July 13, 1982 in Offici ords Book 979, Page 1512; Amendments to Deed of Restrictions recorded Dec ber 22, 1983 in Official Records Book 57, Page 1116; Amendment to Deed of Restrictions records March 20, 1984 in Official Records Book 1072, Page 392; Amendment to D o estrictions recorded September 25, 1984 in Official Records Book 1102, Page 830; all b_ ` e Puhlic Records of Collier County, Florida. 34. Deed of Restrictions frdlil k 8, Part 2, Golden Gate ,gul Collier County, Florida dat( Book 316, Page 593; Am Amendment to Golden Gate July 13, 1982 in Official Re County, Florida. 35. Conveyance of Drainage and Power April 1, 1974 in Official Records ] County, Florida. ican Corporation to All Future Owners of Lots in Unit per plat recorded in Plat Book of Public Records of 1, 1969 and recorded July 1, 1969 in Official Records Deed of Restrictions recorded January 18, 1973; i : sion Deeds of Restriction and Amendments recorded �k> , Page 1512; all of the Public Records of Collier 36. Reservation of Drainage and power Line Ease April 1, 1974 in Official Records Book 585, County, Florida. dated November 1, 1973 and recorded 85, of the Public Records of Collier 37. Resolution from the Board of County Commissioners April 12, 1976 in Official Records Book 646, Page 1 County, Florida. November 1, 1973 and recorded )f the Public Records of Collier County, Florida as recorded e Public Records of Collier 38. License Agreement by and between Avatar Utilities, Inc., W.a ;fix , C Utilities, Inc., a Delaware corporation and Florida Cablevision Management CtSrp: a`lorida corporation dated March 30, 1984 and recorded April 17, 1984 in Official Records Bo k�- 077, Page 774, of the Public Records of Collier County, Florida. 11, "'� `""`"' 39. Easement from Golden Gate Inn to Florida Power & Light Company dated March 23, 1989 and recorded April 20, 1989 in Official Records Book 1434, Page 238, of the Public Records of Collier County, Florida. As to Parcel 4: 40. Matter as set forth on the Plat of GOLDEN GATE UNIT 8 PART 2, a subdivision as recorded in Plat Book 5, Page 65, of the Public Records of Collier County, Florida. 7 Packet Pg. 383 *** OR 5482 PG 1737 *** 3.D.g 41. Deed of Restrictions from Gulf American Land Corporation to All Future Owners of Lots in Golden Gate Subdivision dated November 13, 1963 and recorded November 14, 1963 in Official Records Book 154, Page 554; Amended Deed of Restrictions recorded January 30, 1964 in Official Records Book 160, Page 503; Amendment to Deed of Restrictions recorded February 27, 1964 in Official Records Book 163, Page 88; Amendment to Deed of Restrictions recorded January 25, 1965 in Official Records Book 182, Page 762; Amendment to Got,_ Gate City Subdivision Deeds of Restrictions and Amendments recorded July 13, 198 , l icial Records Book 979, Page 1512; Amendments to Deed of Restrictions recor� o ber 22, 1983 in Official Records Book 57, Page 1116; Amendment to Deed of Resti ioxts; t corded March 20, 1984 in Official Records Book 1072, Page 392; Amendm% , : of Restrictions recorded September 25, 1984 in Official Records Book 1102, Page Uo,,. A,,�f the Public Records of Collier County, Florida. 42. Resolution from the;-Boad of County Commissioners of Collier County, Florida as recorded April 12, 1976 iir°f)f 1, al Records Book 646, Page 1838, of the Public Records of Collier County, Florida. Packet Pg. 384 SII Pid 1, n� �e oa�n fas m ono No m o DU m z r 3 o U W y oavn3moe'v volt a1 m IS�� II m I � L 4 I o ° .mo \ I .60'l15 M.ff8Le0N C—la�a�a—a— n g . aa3t WI�ol ma E2o.aH���� T B`s AA €6 €M...€ Golden Gate Water Reclamation Facility Conditional Use (PL20210001657) Location Map 3.D.g W — S wGradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects 280 140 0 280 Feet PacketP38 w 4 F01�n3S 1 V�Z1v1—H3O1oDOW wVXa kmy oy ag ��LiYlO� A O� NVSId MIS 11V213n 3 N0I1Wtl133M31VM AiNno0ltl0 n 1VNO111ONO NOISNV3Ad MLN30o m p r g ° ee a 3wa Havw S3111111f1 A1Nnoo N3llloo g o 1III N O Z 3 $ r N Y 3 QMf�NO h w ❑ aw � F co o o w W o I fn Z ZJw M� �> w a � Q rn F I I FBI tC) ww �, I w m F az �iu`�_ wly Z M o w Q 0< a 0 �0 w Z LLILLJw d 2o w�v0—i�� oa.K0 Z(a �wz — — z ui U) W n- — 'o. OA79 YAFVDMOH. IEI f —-I M#NOI11ONOO 33S1 e�� e mil•+-f�— — --7m33gnil3dA'SSaNb'l A. 3dA13OIM. — �I--- II < w z I I iIII �woY Q I i -II W¢o� a wQ I 0 mw W II IIIwQY 111 3o II m III I 111 I ° w ; r' � � I I I III o wwoz i o � o ° 1 m m M I Iz w IIII �a aw�z to Ir m LID on z O IO zo I__ ca w¢ I IW <9 zaZ �� w IIU w omra I Ilml �IIm z w 11 Ia 5 '�, N � I � N 4 11 mW� r w < o a zw r 1 I ?3a I o ��Z�w Iw oj� 1 Ir �� t k 'o x zr�am fo J mzo — �v �LLoZ� IIII waow I w o= Wzo°c=i za'o Im I w-- mw�¢ ,II I Z I N oN w?3ur III I Z I kl z w u zO .3z. �II I �¢� I � III azz —_ w W I ww0 __ w IL - �� I NFU ��woY I �UwoY IIII j �r 14 o°� % II ?�30� �II )Sai S I I J —1— l Z ll �// / I I I m II w a o _ oowrw(D 7wIF�z I wrmo Ip I M wZ I II �\ L J 1 LL K N r I 1 LL K r I u3ddf1S 3dVOSONtll.S. 3dA 301MSL �IftI2. ° -- — -- -- — -- -- -- -- — wzZw a w0LL m u 7vvxDrzaxs of w r w DiUwi m Z. / I I 3.D.g Golden Gate Water Reclamation Facility Conditional Use (PI-20210001657) Proposed Conditions of Approval The approval of this conditional use is subject to the following conditions: 1. Central County Water Reclamation Facility Expansion Conditional Use shall be limited to what is depicted on the "Conditional Use Overall Site Plan, revised 12/13/2022." prepared by Tetra Tech. 2. €CW C Collier County Water Sewer District (CCWSD) shall install/upgrade to a Type 'B' landscape buffer around the erne -perimeter of the Golden Gate WastewWater tFtTent p4n-tReclamation Facility. At the time of installation, the JTIaTLI'n'gJ along TFOpicanaTglvd and 32nd Avenue Sewthwest shall be 5 feet On height and spaced 5 feet en eenteF. The plants shall be ,tell ^ feet wide at the time of pl-,^*;^^ The landscaping landscape buffer shall meet the minimum requirements set forth in Alternative B of the Collier County Land Development Code within six months to a year of planting. FCWC will make plicatien with the Ceunt„ fee Wig: For the frontage along 32nd Avenue S.W. and Tropicana Boulevard the following buffers shall be required. For 32nd Ave S.W., the required canopy trees within the Type 'B' buffer shall be 14 to 16 feet tall, based on availability, with a minimum 6 foot spread at the time of planting. s+R the final l-,ndsealg �^�;^^ ,'^^^ For Tropicana Boulevard the existing above ground power lines that are located along the Tropicana Boulevard property line will be placed underground as part of the revisions to the Golden Gate Wastewater Treatment Plant. The existing healthy mature canopy trees will be retained and additional 14' to 16' tall canopy trees will be installed as necessary to meet the required 25' on center spacing requirement for a Type B buffer. Hedge material will be added to the buffer Der TVDe B standards. -h---ffe.r -Alal=lt+121921�S -;41A-.Ae-TFA--ATeaa,ATa T4+s-These buffers shall be installed prior to site acceptance^^m^I^��" r* ^f beginning installatie-R. December 14, 2022 W GradyMinor Page 1 cf 3 Proposed Conditions of Approval-r9.docx Chill Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyrninor.co Packet Pg. 388 3.D.g 3- , 4.3. The construction associated with the conditional use permit shall include noise abatement ' which will be made to the blowers and generator so that they do not exceed those thresholds regulated by the County's Noise Ordinance. Except deicing Feasenable . and 4 p.m., 6 4. Pr�CCWSD sli:31e shieldiRg, frh, will shields lights away from residential areas to the Textent possible without compromising operator safety, on the lights ,which illuminatinge t#e—processing tanks at Right. Control switches will be installed so that plant operators are able to dim or turn off lights when they are not needed and plant r,eFat rs ,^,;II r -rA ff the lights whe—R AA—t- r Pd—Pd 7-.5. Upon completion of the capacity expansion ' to the plant, Fr�CCWSD shall arrange from an independent engineer, or other qualified technician to take bimonthly noise readings from properties immediately adjacent to the plant over a 54-six-month period to confirm that the noise levels of the plant are at or below Collier County's requirements. A community representative from the Golden Gate Civic Association or other group as may be appointed by the County Commission may be present during the testing. €CWC CCWSD shall provide ten fourteen (1914) days written notice of such tests to the designated group or association and a community representative may be present. If during any one of the three tests, the noise levels at the Golden Gate facility exceeds the noise levels established by Collier County regulations, the residents may petition the Board of Zoning Appeals for further proceedings to consider the imposition of additional noise mitigation^^ e^,s. • .. . ert:asr�. _MEMATAWATATS. ME 11! WE 111110 1111MIS MW MWINAMM. W. I -------- -9-.6. A representative of Fr�CCWSD_will be available to meet with the Golden Gate Civic Association, or other group as may be designated by the County Commission, on a bi-monthly basis during construction. Thereafter, aFea Feside�ats may meet with aFC`�CCWSD December 14, 2022 Pone 2 0 3 Proposed Conditions of Approval-r9.docx Packet Pg. 389 3.D.g representatives are available to meet with area residents upon requestA—A t#��secoRd MeRdaef every MeRth -At- alFeady sched-i-ded- FPP-P-tiRgS With the Geeld-e-In Gate WateF Utility Cemmittee. 7. Ground water aualitv monitoring shall be conducted as reauired by FDEP and Collier Coun Pollution Control. 8. Building and tank colors shall be consistent with the building colors permitted in LDC Section 5.05.08 for industrial buildings. 9. Tanks shall be limited to a maximum height of 50' above grade, and are not subject to maximum building heights of the RSF-3 Zoning District per LDC 4.02.01.D. 10. Should the southernmost access point on 32nd Avenue S.W. be removed, the area shall be landscaped with a Type B buffer consistent with that required for the perimeter buffer elsewhere on 32nd Avenue S.W. December 14, 2022 Pone 3 0 3 Proposed Conditions cf Approval-r9.docx Packet Pg. 390 3.D.g Golden Gate Water Reclamation Facility Conditional Use (PL20210001657) Proposed Conditions of Approval The approval of this conditional use is subject to the following conditions: €CVVECollier County Water Sewer District (CCWSD) shall install/upgrade to a Type 'B' landscape buffer around the entire erimeter of the Golden Gate �^�wWater treatment p 41}tReclamation Facility. At the tome Of ORI-A-allatiOR, the plaRtiRgs alE)RgTropicana Blvd. and 32Rd Avenue Southwest shall be -5 feet Op height and Spac--cd— —5 f.P—P—t On center. The plants shall be approximately 4 feet wide at the time of planting. The landscaping landscape buffer shall meet the minimum requirements set forth in Alternative B of the Collier County Land Development Code within six months to a year of planting. PCWC will make plicatiGIR with the Ceunt„ fee Wig: For the frontage along 32nd Avenue S.W. and Tropicana Boulevard the following buffers shall be required. For 32nd Ave S.W., the required canopy trees within the Type 'B' buffer shall be 14 to 16 feet tall, based on availability, with a minimum 6 foot spread at the time of planting. e-R the final l-,v,.J.-cape d&4g-n - I n-g For Tropicana Boulevard the existing above ground power lines that are located along the Tropicana Boulevard property line will be placed underground as part of the revisions to the Golden Gate Wastewater Treatment Plant. The existing healthy mature canopy trees will be retained and additional 14' to 16' tall canopy trees will be installed as necessary to meet the required 25' on center spacing requirement for a Type B buffer. Hedge material will be added to the buffer Der Tvoe B standards. buffer Efla+ltones-alene TFeaica„a Is. _ il>o:al�rr_r.Ir�.�resnl�:ne:rra:e�rr. ,:r�ln:�s�:�. _ 1 I This These buffers shall be installed prior to site acceptances&rri I"��I,;r+„ ,� beginning tall tie-1, Justification: The revision to this condition reflects the current site ownership and revised buffer standards which have been coordinated with the County's landscape architect. The CCWSD will evaluate the potential to bury the overhead powerlines or enlarge the width of the buffer area to provide for the larger canopy trees. nlrin..�lns�.sa��lt.r:�:tnr_�s�ne*:Irs�.sss :72V=7�_ - November 18, 2022 W GradyMinor Page 1 of 4 Proposed Conditions and Justification-r&docx Civil Engineers - Land Surveyors - Planners - Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, Fl, 34134 - 239-947-1144 - engineering@gradyminor.com - www.gradyminor.co Packet Pg. 391 3.D.g Justification: Landscape buffers are now discussed in Condition #1. -3-. PCVVC shall install a E)Re way, serni eirculaF driveway which will reduce Reise lev associated with truek tra4ie by allewiRg trucks seFViGiRg the facility te enter and exit the p!aR-t with less maneuveFiRg. The driveway shall be completed RE) later thaR RiRe PAA-.At-.h--; -aftef Justification: Internal traffic circulation is being modified as a result of plant expansion and two new access points will be established on Tropicana Blvd. 4.2. The construction associated with the conditional use permit shall include noise abatement ' which will be made to the blowers and generator so that they do not exceed those thresholds regulated by the County's Noise Ordinance. Except GIHFing Feasenable . and 4 p.mMenday threugh Friday. Said shall be completed as part ef the ever ., .... Justification: The deleted text is no longer applicable as the improvements were completed. The proposed plant expansion improvements include covers on the wastewater processing tanks and installing odor control units. This is a common practice in the industry and in Collier County. The proposed plant expansion to maximum capacity will be dependent on the needs of the surrounding community. Current technologies allow for modifications to internal treatment of the processes that will allow for incremental increases as demand dictates. 6-3. €CWECCWSD shall previde shielding, which will shields lights away from residential areas to the Textent possible without compromising operator safety, on the lights which illuminatinge th-e—processing tanks at Control switches will be installed so that plant operators are able to dim or turn off lights when they are not needed and plant eperateFs will 74. Upon completion of the capacity expansion ' to the plant, Fr�CCWSD shall arrange from an independent engineer, or other qualified technician to take bimonthly November 18, 2022 Page 2 of 4 Proposed Conditions and Justification-r8.docx Packet Pg. 392 3.D.g noise readings from properties immediately adjacent to the plant over a six -six-month period to DAsariconfirm that the noise levels of the plant are at or below Collier County's requirements. A community representative from the Golden Gate Civic Association or other group as may be appointed by the County Commission may be present during the testing. Pr�CCWSD shall provide ten fourteen (1814) days written notice of such tests to the designated group or association and a community representative may be present. If during any one of the three tests, the noise levels at the Golden Gate facility exceeds the noise levels established by Collier County regulations, the residents may petition the Board of Zoning Appeals for further proceedings to consider the imposition of additional noise mitigationg GE)RditiGRS. Justification: This condition is no longer necessary as the plant is being expanded beyond 1,500,000 g.p.d. as required in the A.U.I.R. -9-.5. A representative of Fr�CCWSD_will be available to meet with the Golden Gate Civic Association, or other group as may be designated by the County Commission, on a bi-monthly basis during construction. Thereafter, area residents Pnay pneet with a FEAICCCWSD representatives are available to meet with area residents upon reguestA_.A thP_ sessRd M e R daY of every rAA-.Ath at its already sGhedfi-ded M.P_P_tiRgS With the Gelde.p Gate WateF Utility Cemmittee. Justification: Conditions are no longer applicable. CCWSD representatives are available to meet with Golden Gate Civic Association members. The Golden Gate Water Utility Committee is defunct. Justification: The sidewalk improvements have been completed. November 18, 2022 Page 3 of 4 Proposed Conditions and Justification-r8.docx Packet Pg. 393 3.D.g 6. Ground water quality monitoring shall be conducted as required by FDEP and Collier County Pollution Control. 7. Building and tank colors shall be consistent with the building colors permitted in LDC Section 5.05.08 for industrial buildings. 8. Tanks shall be limited to a maximum height of 50' above grade, and are not subject to maximum building heights of the RSF-3 Zoning District per LDC 4.02.01.D. 9. Should the southernmost access point on 32nd Avenue S.W. be removed, the area shall be landscaaed with a Tvpe B buffer consistent with that reauired for the perimeter buffer elsewhere on 32nd Avenue S.W. November 18, 2022 Page 4 of 4 Proposed Conditions and Justification-r8.docx Packet Pg. 394 DocuSign Envelope ID: 97BB851A-8F43-4A7E-BFB9-908CFD5BF733 3.D.g JM6 TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES Traffic Impact Statement Golden Gate Wastewater Treatment Plant (Collier County, Florida) August 19, 2021 County TIS Review Fees TIS Methodology Review Fee = $500.00 TIS (Small -Scale) Review Fee =$0.00 Prepared by: JMv TRANSPORTATION ENGINEERING, INC. 4711 7TH AVENUE SW NAPLE5, FLORIDA 34119 CERTIFICATE OF AUTHORIZATION NO. 27630 (PROJECT NO. 210714) E DocuSigned by: E519D679D23E47F... �a':4�DE@v6FGGCG�'ira F 41, N0 43860 9 P� 7-ATE CF 5� E. T� '4�3@(Pb ��'�°+laelaeslslaaa;+e Packet Pg. 395 1 DocuSign Envelope ID: 97BB851A-8F43-4A7E-BFB9-908CFD5BF733 3.D.g TABLE OF CONTENTS Conclusions 2 Methodology 2 Scope of Project 2 Figure 1- Project Location & E+C Road Classification 2.1 Master Concept Plan 2.2 Project Generated Traffic 3 Table A - Net New Trips Generated 3 Table 1- Trip Generation Computations 3.1 Existing + Committed Road Network 4 Project Traffic Distribution 4 Area of Significant Impact 4 Figure 2 - Project Traffic Distribution 4.1 Table 2 - Area of Impact/Road Classification 4.2 2020 thru 2024 Project Build -out Traffic Conditions 5 Table 3 - 2020 & 2024 Link Volumes 5.1 Table 4 - 2024 Link Volumes/Capacity Analysis 5.2 Appendix 6 1 Packet Pg. 396 DocuSign Envelope ID: 97BB851A-8F43-4A7E-BFB9-908CFD5BF733 3.D.g Conclusions Based upon the findings of this report, it was determined that the proposed capacity expansion of the Golden Gate Wastewater Treatment Plant will not have a significant or negative impact upon the surrounding road network. It was verified that all roadways, within the project's area of impact, currently have a surplus of capacity and can accommodate the traffic associated with the proposed public -utility land use. As determined, the road network will continue to operate at acceptable levels of service for the foreseeable future and the project will not create any off -site transportation deficiencies that need to be mitigated. Site -Related Improvements Golden Gate Wastewater Treatment Plant currently has access to 32nd Avenue SW and it is proposed to construct two (2) points of access on Tropicana Boulevard. The volume of traffic entering the site during AM and PM peak hours does not warrant right or left ingress turn lanes at the site's access on 32" d Avenue SW or Tropicana Boulevard. Methodology On August 9, 2021, a Traffic Impact Statement (TIS) Methodology Report was submitted to the office of Collier County Transportation Planning Department. The $500.00 methodology meeting fee will be paid at the time of submitting the SDP application. A copy of the TIS methodology has been provided in the appendix (refer to pages M 1 thru M11). Scope of Project Golden Gate Wastewater Treatment Plant is an existing public utility facility which will be expanded in order to increase its service capacity. The site is located on the northwest corner of 32" d Avenue SW & Tropicana Boulevard. The land use currently has direct access to 32"d Avenue SW and will construct two (2) points of access on Tropicana Boulevard. LO 0 0 0 N 0 N J a. O� K Packet Pg. 397 DocuSign Envelope ID: 97BB851A-8F43-4A7E-BFB9-908CFD5BF733 3.D.g a g IIWw aa. In. 6 s.wn ar Iw. ' mr., mr Iev } �' rM q1 IIoOi Fg400W IN ' ` � Vati.OR YMod. M l.Df� W I— — — — — — — — ' � � � Y4rM✓t 4 ' I foal V I Ri• Mr• rw t111r r•r� IIgM� ISM A. �L i : NORTH �_—� N.T.S. r .. • tlwwm Misr 1 , ��I wa wi aar . aa..r Ilmdw OI i Ir .or law M . 7 M OnY gwMC — — — — — — — — — — — — —ww— I ' qY• M GS LEGEND 5—YEAR FUNDED IMPROVEMENTSI I INTERSTATE HIGHWAY 6—LANE ARTERIAL 4—LANE ARTERIAL/COLLECTOR — — — — — 2—LANE ARTERIAL "°"`"*'"""°'--�_--- LL:CiTi 2—LANE COLLECTOR/LOCAL ' RAIL ROAD i.; Golden Gate Wastewater Plant Project Location & FIGURE 1 August 9, 2021 E + C Road Network 1.1 Packet Pg. 398 Slgr C --- In. n�000ca A Orno n A7� oron nnO�rMC=7oo aojeM eje!D uaploJ - LMOOMOZ-1d : LOVZ) slelao;ew dn)loe8-uol;eollddV - 3 ;uewgoejjV :;uewt4oejjV as wmv�w>m•..w� ._W _._.. k 5 rvv Id =I1IJ I Iva!jixv 3Sn IVN01110N00 r— M M H731 W .'� NOISNtllVA A Nnoo g . fld �IOii NOLLtlWtllNOISNVdXa ALNNOA'IWLN3o $ Ae Nawlaxm �.w Navw S3uJianAlNnooiJ moo 1 lie v a 3 o z LL I Z 111 I / i 'QA79VNVJIdO2U 9 zz f' wug ( �Ex I I I I 2.0 p LL LLK J J Wm \ 0r N DwaOti III 3w LLK`SSN II , Nw ♦ �_ Ji / I 1 Q�z ° wx co � �`I` w z l � ------ �a �I�� I��I��I��I �I��I��i��l��l��l� YH u 0 M WN 2 LL Y 7VNVJ 773HS m It w N —j Nf10NN3dWf1 NOEltlliS' �YANtlId fYJSaN•AtlNNUS940904i1¢id7ltNid U[3NLY3t31 tl3LtM 314vM �J'JdJhl'vtO'AIXJINNtlid-f0.4dI0WNNY1dS9R-AiV�01'W001\-Wd OOb4t4lZWJ1LR 2.2» DocuSign Envelope ID: 97BB851A-8F43-4A7E-BFB9-908CFD5BF733 3.D.g Project Generated Traffic Traffic that can be expected to be generated by the project was estimated based upon the guidelines established by the Institute of Transportation Engineers, Trip Generation Manual, 10'' Edition. That is, historical traffic data collected at similar land uses were relied upon in estimating the project's traffic. It was concluded that land use code Utility (LUC 170) was most appropriate in estimating the site -generated trips. As estimated, the project will generate 9 vph and 7 vph during the AM and PM peak hours, respectively. Table A provides a summary of the trip generation computation results that are shown in Table 1. Table A Net New Trips Generated Daily (ADT) AM Peak Hour (vph) PM Peak Hour (vph) Net New Trips 43 9 7 The report concludes that the project will generate less than 50 net new trip ends during the weekday highest peak hour. As such, the report investigates the traffic impacts associated with the project based upon the criteria set forth by the Collier County Government's Traffic Impact Statement Guidelines for developments generating "less than 50 trips", which is defined as a small-scale study. ti LO to 0 0 0 N 0 N J d ti rn V N Packet Pg. 400 DocuSign Envelope ID: 97BB851A-8F43-4A7E-BFB9-908CFD5BF733 3.D.g TABLE 1 TRIP GENERATION COMPUTATIONS Golden Gate Wastewater Treatment Plant Land Use Code Land Use Description 170 Utility Land Use Code Trip Period LUC 170 Daily Traffic (ADT) _ AM Peak Hour (vph) _ PM Peak Hour (vph) _ Build Schedule 3,785 s.f. Trip Generation Equation (Based upon S.F.) Ln(T) = 0.79Ln(X)+2.71= T = 2.31(X) _ 80% Enter/ 20% Exit = Ln(T) = 0.85Ln(X)+0.84 = 20% Enter/ 80% Exit = Total Trips Trips Enter/Exit 43 ADT 9vph 7/2 7 vph 1/6 3.1 Packet Pg. 401 DocuSign Envelope ID: 97BB851A-8F43-4A7E-BFB9-908CFD5BF733 3.D.g Existing + Committed Road Network Figure 1 and Table 2 provide a detail of the surrounding E + C road network. Table 2 depicts the minimum level of service performance standards and capacity for the roads within the project's are of influence. Project Generated Traffic Distribution The project's net new traffic was distributed to the surrounding road network based upon logical means of ingress/egress, current and future traffic patterns in the area. Figure 2 and Table 2 provide a detail of the traffic distributions based on a percentage basis. Table 2 also depicts the project traffic by volume. Area of Significant Impact a The area of significant impact was determined based upon Collier County's 2%, 2% and 0 3% criteria (i.e., if the project's traffic is 2% or more of a roadway's adopted level of service capacity, then the project has a significant impact upon that link). Table 2LO describes the project traffic distributions and the level of impact on the surrounding o roadways. Roads that were identified as being within the projects area impact are shown in Table 2. o N J a. M Packet Pg. 402 DocuSign Envelope ID: 97BB851A-8F43-4A7E-BFB9-908CFD5BF733 e�. 3.D.g CkeN I Su��ao0 N do UoA N 1 I"• eoltYOnMh N I WaoN N I � 1 I 1 I �► LEGEND 0�� Project Traffic D VandwM BmhI, �—___ nmAosw 9M A. SW I C Baulwiartl E — 2071 Golden e Pmkww 0I — nil 3I2nd Ave SN 1 _20%_ Golden Gate Wastewater Plant August 9, 2021 - G.A.—d _____ - — - NORTH N.T.S. Project -Generated FIGURE 2 Traffic Distribution + Packet Pg. 403 1 Slgf M--l^"^'n. n7DDOC4 A OCA7 A A= D=n nnOI Cn COC770 as;eM OWO uaploJ - L99WOMOZ-1d : MIT) slelaa;ew dnjoe8-uol;eoilddV - 3;uewt43e}}y :;uOwt4Oe;;y 91000 00 M a) E z z z z z m IO -r 0Oa. o 0 o C� CD Q�0, -.-0 N N N N N C _ N v Y a p 0 j5 w w3: u) z z L_ m 2 Y a o r o 0 0 a a c > 0 z = 0 0 3:w zCO �a3: (=o 0. p� Y� N C aL °- a > O t y CI 0 0 0 CD O Wd H e �YCON NN N W m = W Q ° L. s m U) ce) rn 0)o co Q~ U) Q; > cl) r r C') C) a F W Y �0wC]0 Qw CL CLN d a C C 0 �I 0 to U (D cc 'o r x c U w w i N cfl V > CO > a c U p� C7 to 'O C 11ctsO O r� O = 11 L CL F- O O o O— O CL V f6 m 76 L CL O a m C) m U C p P y .�. C avi m cc Co m O p L r N U r- C C u C U L_ (6 O r Cl) // I��1 '�'nn V V m to c @ a z Loi 0 coo ca cco O w m CD -w- L _ O` 2 o O d 0 p o V a a C7 c) U u- p lC .Q N — M N N N Cl) CO mol I i• 2 DocuSign Envelope ID: 97BB851A-8F43-4A7E-BFB9-908CFD5BF733 3.D.g 2020 thru 2024 Project Build -out Traffic Conditions In order to establish 2020 thru 2024 project build -out traffic conditions, two forecasting methods were used. The first traffic forecasting method was the County's traffic count data was adjusted for peak season conditions, peak hour conditions, peak direction, and an annual growth rate was then applied. The peak season/peak hour/peak direction and annual growth rates were derived from the 2020 Collier County AUIR Report. Using the annual growth rate, the 2024 background traffic conditions were determined, which are depicted in Table 3. The second traffic forecasting method was to add the vested trips (trip bank) identified in the 2020 AUIR report to the adjusted peak season, peak hour and peak direction traffic counts. The vested trips plus 2024 background traffic volumes are depicted in Table 3. The greater of the two values produced by the two forecasting procedures was then considered to reflect the 2024 background traffic. The net new project generated traffic was then added to the background traffic. Table 4 provides a summary of the 2020 thru 2024 traffic conditions and the roadways' level of service and remaining available capacity. As shown, all project impacted roadways will continue to operate at the County's adopted minimum level of service thresholds at project build -out. 5 Packet Pg. 405 Slgf M---l--- In. n�000c4 A OCA7 A A7C oCon nnOnCnco C7oO ao;eM OWD uaploJ - LMOOMOZ-1d L6VVZ) slelao;ew dn3joe8-uol4eollddy - 3 ;uewLjoe;;d :;uowt4oe;;y co as ov G ri 19 w d �a a X, y O C H Q O v Oco a N N V y > N N W d 2 m > a a� a Y � (0 ; W mL > M U a W g 3 o c N= 6 m NN ti nm nO-0o J to Nd a � Y O a am > Y. m Z_ a M ui L y- o 0 0 o O to Q. Q Q N N N N N M J 0 mO � �a w w w zz Q a H � le v� oW 0 0 0 0 0 N N Q L N r r r N H > 0 > Y N Co -a a N m Q_ � s @ o o V v 0 Q o 0 0 m 7. m m > o cn m CO .� p N (6 Ln a m o (6 Q r CM N N N Cl) M � f Sigr C.... 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TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES Traffic Impact Statement Methodology Golden Gate Wastewater Treatment Plant (Collier County, Florida) August 9, 2021 County TIS Review Fees TIS Methodology Review Fee = $500.00 TIS (Small -Scale) Review Fee =$0.00 Prepared by: JMB TRANSPORTATION ENGINEERING, INC. 4711 7TH AVENUE SW MAPLES, FLORIE3A :341 1 9 CERTIFICATE OF AUTHORIZATION NO. 27830 (PROJECT No. 21 071 4) 00 - q- ZoZ{ JAMES BANKS, P.E. DATE FLORI RE NO. 43860 Packet Pg. 409 DocuSign Envelope ID: 97BB851A-8F43-4A7E-BFB9-908CFD5BF733 3.D.g APPENDIX A INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply. Date:8-9-2021 Time: Location: Collier County Government Offices (North Horseshoe Drive) People Attending: Name, Organization, and Telephone Numbers 1) James M. Banks, JMB Transportation Engineering, Inc., 239-919-2767 2) Michael Sawyer, Collier County Government 3) Study Preparer• Preparer's Name and Title: James M, Banks, P.E., President Organization: JMB Transportation Engineering Inc. Address & Telephone Number: 4711 7th Avenue SW Naples, Florida 34119 (239)-919- 2767 Reviewer(s)• Reviewer's Name & Title: Michael Sawyer Collier County Transportation Division Applicant: Applicant's Name: Address: Telephone Number: Proposed Development: Name: Golden Gate Wastewater Treatment Plant Location: Northwest corner of 32"d Avenue SW & Tropicana Boulevard Land Use Type: See Table 1 ITE Code #: See Table 1 Proposed number of development units: Existing public utilities — capaci T expansion Other: Description: Zoning: Existing: Comprehensive plan recommendation: Requested: Findings of the Preliminary Study: See the attached httpsJld.docs.live.netl8481204edbdac2cblDesktop(210714 Collier Water Plant/IvtethodologyReport.doc A, Z Packet Pg. 410 DocuSign Envelope ID: 97BB851A-8F43-4A7E-BFB9-908CFD5BF733 3.D.g Study Type: Small -Scale Study Area: Boundaries: Based upon the County's 2%, 2% & 3% impact rule. See attached Additional intersections to be analyzed: None Horizon Year(s): 2024 Analysis Time Period(s): PM Peak Future Off -Site Developments: None Source of Trip Generation Rates: ITE Trip Generation Manual, 10th Edition (see Table 1) Reductions in Trip Generation Rates: Pass -by trips: See Table 1 Internal trips (PUD): Transmit use: Other: Horizon Year Roadway Network Improvements: Collier County s 5-year CIP. � �o 0 0 0 Methodology & Assumptions: N Non -site traffic estimates: See Attached N Site -trip generation: See Table 1 a Trip distribution method: Based upon manual assignment (See Table 2 & Figure 2) Traffic assignment method: V Traffic growth rate: Per Collier County Historical & Current AUIR Reports, but not less than 2% or background or vested trips method, whichever is greater. A h,WsJld.docs.live.neV8481204edbdac2cWDesktoµr210714 Collier Water PlanUMeihodologyftod.doc M 3 1 Packet Pg. 411 DocuSign Envelope ID: 97BB851A-8F43-4A7E-BFB9-908CFD5BF733 3.D.g Special Features: (from preliminary study or prior experience) Accidents locations: Sight distance: Queuing: Access location & configuration: Traffic control: Signal system location & progression needs: On -site parking needs: Data Sources: Base maps: Prior study reports: Access policy and jurisdiction: Review process: Requirements: Miscellaneous: Small Scale Study — No Fee X Minor Study - $750.00 Major Study - $1500.00 Includes 2 intersections Additional Intersections - $500.00 each None All fees will be agreed to during the Methodology meeting and must be paid to Transportation prior to our sign -off on the application. ------------------------------------------------------------- ------------------------------------------------------------- Reviewers Applicant hYos://d.doos.live.neU8489204adbdac2cb/Desktopr110714 Collier Water PladMethodologyReport.doc A,+ Packet Pg. 412 DocuSign Envelope ID: 97BB851A-8F43-4A7E-BFB9-908CFD5BF733 3.D.g PYw pw" d 1 � LEGEND I 5-YEAR FUNDED IMPROVEMENTS INTERSTATE HIGHWAY 6-LANE ARTERIAL i 4-LANE ARTERIAL/COLLECTOR — — — — — 2-LANE ARTERIAL 2-LANE COLLECTOR/LOCAL RAIL ROAD _ a A*— Oda L— AMII OaY 10 Tm Coen NeG b/9 lVa Isa •Ilb Ib � !la Cda !0 B1oN1 OAR lw NSYaYt Oladr N BaxA N � Al• � k "mPR* *.w I 0v N ' pm I � V I.ml. to I f1a AM. Nd WJY Ballad IIFA Aw ! I 19n M A NORTH aIr A_ �► � N.T.S. !AIM ! -- .m ao.e o- rid B..ar.. __I nAm N � FI I �I BaB.�r. xanacA _ L Golden Gate Wastewater Plant Project Location & E + C Road Network FIGURE `I U U- r- 0 CU :.i LL cu 3.1 _(D ,cu V ,O V ui W r O O O N O N J d August 9, 2021 Packet Pg. 413 1 Sigr C" 1--- I— ( DOOCI A OCAO A A7C o17— ! 0�17 l 17700 aa}eM WO uaploJ - L99 W000 ZOZ_ld : L6VVZ) slepe4eW do)joe8-uopeoilddV - 3 4uGw43e44d :;uauayoelIV aP 0 M s 33 6 a`s;;;aa q ¢ @ u OEM spa=.�� a6 2a# i I —_---------- 'anzaVN'VOMO= ,-- _—t_---___---- 1 'U Id — — — — — — �t------------------- L__- � g M6 DocuSign Envelope ID: 97BB851A-8F43-4A7E-BFB9-908CFD5BF733 3.D.g TABLE 1 TRIP GENERATION COMPUTATIONS Golden Gate Wastewater Treatment Plant Land Use Code Land Use Description 170 Utility Land Use Code Trip Period LUC 170 Daily Traffic (ADT) _ AM Peak Hour (vph) = PM Peak Hour (vph) = Build Schedule 2,700 s.f. Trip Generation Equation (Based upon S.F.) Ln(T) = 0.79Ln(X)+2.71 = T = 2.31(X) = 80% Enter/ 20% Exit = Ln(T) = 0.85Ln(X)+0.84 = 20% Enter/ 80% Exit = Total Trips Trips Enter/Exit 33 ADT 6vph 5/1 5vph 1/4 M7 Packet Pg. 415 DocuSign Envelope ID: 97BB851A-8F43-4A7E-BFB9-908CFD5BF733 0�� 3.D.g Pta 0 9.ed go T(d Pk�. 9aq. Rnoa I i I _40%. -- -- ji LEGEND 0� 0% _ Project Traffic vww■cn e...n Rd ■f 111h A.SW I1Fh M SA I � EI E �I I I_ % Golden e Parkway O , Ile 32.d Ave SW , Golden Gate Wastewater Plant August 9, 2021 e..h ad U r C.1. ew - L E fC V ♦Y whb Bdi..aN L V C 0 LO r O O O r N J NORTH a N.T.S. v Project -Generated I FIGURE 2 Traffic Distribution Packet Pg. 416 Sigr \meM me\ua|oe-1 9 WOO Z Z d:Zed Z me|imeyydn ae uq | � g- � |dd ¥-]luewWB n¥:uewLamV ut E kkk kk � �k rn ( 0 7 / $ y / §�ƒC3 q/ IIada 66 /o +/ a a a & N C2 m $ § ol u u« m z a2 § :3: I� 00 ��io-o z o 3 2 w a z m F- a. 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N N N Ce) lM M r O Sigr --- in. —OD-4 n orno n A7r oron —Oo rMCDr7o0 aa;eM a}e!D uaploJ - L996 OOMZld L6VVZ) sleiia;eyy dn3loe8-uol;eollddV - 3;u8wWBllV :;uauayoeRV a, 0 % 0 0 W J W O U T- N 10 G ri in a a c ` m O 7 0 } O �L v S o(a -6 y m O s. Ce) s rn Ncc cro d N .7 ` O o 0 0 0 m a Y > a _ a 8-8 Z a Y Cl) rn 0) o c(MO d a > N � 3 ��'1j of O= 0- n M M M 00 V, O Y Y '= a co co 0000 N •� lC d > N r r r N (n m a a Y or = o�w w U) z Z ° z aoi 2 Yt� o •L d o c 0 r o o a =a o V z L U dx`o C ° a N N IL > D 3 o c le Od v O (n 0 v o 0 o Ci ` N R- Y -J � ° a m a Z � L Y a oI w w w z z m 0 O C a S O 39 Y cli0 NOD 00 00 N IL m > a a O OI U U U Y.CF L C O O NO t N M M -Y.�' N N 0�0 d Y > a [� > c m � v F- m o c � m o U `m o 0 o 6 m Co m > o m U U) m m m o c ti m m C9 cn o 0 m 0 (7 c V 0 0 0 U O N N r N 441 N M co 3.D.g Golden Gate Water Reclamation Facility Conditional Use (PL20210001657) Environmental Narrative A FLUCFCS map has been completed and is attached identifying the project site and adjacent property identification codes. The perimeter plantings along the Tropicana and Shell Canals as well as Tropicana Blvd. and 32nd Avenue Southwest were installed as required by a Collier County approved Site Development Plan. Conservation and Coastal Management Element of the Comprehensive Plan: Policy 6.1.1 of the Conservation and Coastal Management Element (CCME) of the Growth Management Plan states that projects containing native vegetation communities shall be required to preserve a percentage of that native vegetation on -site. The Conservation and Coastal Management Element was adopted by the Collier County Board of County Commissioners in October 1997. The site was previously cleared in support of the existing Golden Gate Wastewater Treatment Plant that currently exists on site. The site contains no native vegetation communities, and no original native trees remain; therefore, no native vegetation preservation is required. The site was cleared prior to 1973 as part of the Golden Gate regional development. Additionally, a Site Development Plan was issued for the current Wastewater Treatment plant by Collier County in 1994 underneath the SDP Number 94-09. Prior to the issuance of this Site Development Plan in 1994 that established the current treatment plant configuration, the project location had a smaller wastewater treatment package plant that was constructed prior to 1973 (See attached aerial dated 1973). Since the Golden Gate Wastewater Treatment Plant has been in place and in operation prior to the adoption of the CCME in 1997, the requirement to provide native planting preservation does not apply. OBJECTIVE 7.1 states that developments should direct incompatible land uses away from listed animal species and their habitats. The County relies on the listing process of State and Federal agencies to identify species that require special protection because of their endangered, threatened, or species of special concern status. As previously pointed out above, the existing site was cleared prior to 1973 and has been operating as a Wastewater Treatment Plant on the property since that time. A brief examination of the parcel found no listed animals on site. The parcel is not located in a USFWS Panther Consultation Zone. As stated above, the project site predates the adoption of the CCME and therefore Objective 7.1 does not apply. Objective 3.1 and Policy 3.1.4 address water quality and wellhead protection. The Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) W-3 cover the Northeast corner of the subject property and W-4 covers all of the subject property. In accordance with Chapter 3 Resource Protection of the Collier County Land Development Code, Section 3.06.12.M.3, future and existing legal nonconforming domestic wastewater treatment plans are allowed within the W-3 and W-4 overlay zones. There are existing wells that are installed along the subject property lines that are used for groundwater monitoring in accordance with the F.A.C. The wells are sampled on a quarterly basis and provide the Florida Department of Environmental Protection in accordance with the approved groundwater monitoring plan. Policy 2.3.6 addresses compliance with Federal and State permitting for water quality standards. The wastewater treatment facility will be designed and permitted in accordance with the Florida DEP and Florida Administrative Code. October 13, 2021 W GradyMinor Page 1 of 1 Environmental Narrative. docx Chill Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyrninor.co Packet Pg. 420 Ja;eM OWS uaploJ - LMOOMOZ-1d L6titiZ) slelaa;ew dnjoe8-uol;eollddv - 3 ;uewt4oe;;v :;uew oe;;d „W N O • N - o d Z. j w Cl) C) 3 C~1 N f~ J ~ +R (n V' Z Z_ N d Cf) >- � a VOA L, N O w Q/178 VA[b'�IdO H -L a Q O W U q< Lij U OIL 1 r: -' cn I. BE y /A \/ o Z IW W a w= o LU W!S O Q I\cn o � s w m *44' }F"1' h l W X _ '+�'�t U) c Z 76'Ar6'O 7Z4HS �. Lo i• _ _. �� . r, l c a Z _ r -t w:v �J' IF 0 LL LL 1 .iltr_ '�� - wl Ja;eM a;eS uaploJ - L996 OOMZ-ld L6titiZ) slelaa;ew dnjoe8-uol;eollddv - 3;uewt4oe;;v :;uew oe;;d „W N C14 # " r NN II o6 mz o a a u.i o � QW a s o U) Z � 77 OMO C� LLJ O d Z Lij QOW yy Q J N � M Q 'UA ! Q VAIV D � I I _t = �-g :ao q = V c m � G V L III — - - - - - � ❑ �0 C �dl s 0 m 5 � e m Collier County Property Appraiser Property Detail Site 4931 32ND Site Zone Parcel No 36450440006 Address AVE SW Site City I NAPLES *Note 341' *Disclaimer Name / Address COLLIER CNTY % WATER -SEWER DISTRICT 3339 TAMIAMI TRAIL E STE 301 City NAPLES State I FL Zip 134112 rermits trroviaea Tor reverence Permit # 67-1086 purposes oni . Fruii CO Date Tmp CO visciaimer. Tax Yr Issuer Final Bld Type 1969 COUNTY 05/07/69 1984 COUNTY 83-2562 04/19/84 1995 COUNTY 94-13084 12/06/94 2011 COUNTY 0809-1408 06/11/10 ADDITION 2022 COUNTY PRBD20210416272 OTHER 2022 COUNTY PRBD20210416283 OTHER OTHER 2022 COUNTY PRBD20210416405 Land # Calc Code Units 10 ACREAGE 14.9 Buildina/Extra Features # Year Built Description Area Area 10 1969 GARAGE 325 325 20 1969 CARPORT 375 375 30 1969 CLF6 1195 1195 40 1984 CLF6 55 55 50 1988 METAL -STEEL 1875 1875 FRAME Packet Pg. 423 SLZ96 Q z O j N )IeM a;e!D uaploJ - L994 OUNZld : L6titiZ) slepe4eW do)joe8-uopeollddV - 3 4uOw43eWV :;uauayoe m o z 3 i uj [n d Oac W w s 'M'S 3�tlHN31 41L8V i J r ac "' p p v 3 Ci �l T a 5 v li 'M'S 133H1S H1SV wowvz / = Y Z a LL Q w n f < l NVO T3HS �p Op O N p J H X a a W V W m ¢ U 2 j N 2 'M'S 133HIS HIM Q O O W Q 'M'S 133Ua HIM N O O ap w e a a 5 a = ~ w �ci¢Z a z LL<z 'Z' 'M'S 33VHN31 H M f 2 N d' O p p �yc a Hgp LLNw A 3y W W x- - - - - - ---------- ----- - w n W z U O m U --- z Z 0 K Or N C O pw U)Q w >. Wzw K F z 2 x W ) — 7 Q W liv N (L a) tU m a •saanosei olboloeeyae jo ouolsly bulleu6lsep aanos Ajunoo leloL4o a43 eie sdeW Alllgegad leol6olo9eyoJy/01JolslH 941 iHHIO �ZOZ/U/g `JNINOZ :NOISIA318 1SHl 3.D.g AFFIDAVIT OF COMPLIANCE Petitions PL20210001657 — Golden Gate Water Reclamation Facility Conditional Use I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of State of Florida County of Lee ilia e:•. Sharon penhour as Senior Planning Technician for Q. Grady Minor & Associates, P.A. The foregoing Affidavit of compliance was acknowledged before me this November 19, 2021 by Sharon Umpenhour as Senior Planning Technician, who is personally known to me. (Signature of 1j 6tary Public Carin J. Dwyer Printed Name of Notary a$`•'RY o CARIN J. DWYER *. *, MY COMMISSION # GG 982367 - EXPIRES: May 14, 2024 Bonded Ihw Notary PAk Underwriters Packet Pg. 425 GradyMinor 3.D.g Civil Engineers e Land Surveyors • Planners * Landscape Architects NEIGHBORHOOD INFORMATION MEETING PETITION NO. PL20210001657 — Golden Gate Water Reclamation Facility Conditional Use In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood meeting hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., representing the Collier County Water Sewer District (Applicant) will be held December 8, 2021, 5:30 pm at the Golden Gate Community Center in Meeting Room B (4701 Golden Gate Pkwy, Naples, FL 34116). The Collier County Water -Sewer District has submitted a formal application to Collier County, seeking approval of a Conditional Use per LDC Section 2.01.03.G.1.c. to incrementally expand the treatment capabilities of the existing Golden Gate wastewater treatment facility from its current treatment capacity of 1.5 millions of gallons per day (MGD). The first phase expansion of 3.5 MGD will provide the needed capacity (5 MGD total) to expand wastewater service throughout the Golden Gate City area. Incremental expansions will occur as needed to maintain acceptable service levels in the utility system. The newly renamed "Central County Water Reclamation Facility" will utilize state-of-the- art membrane bioreactor (MBR) technology with closed tanks that produces irrigation quality water. The subject property is comprised of 16± acres and is located at 493132"d Avenue SW in Section 28, Township 49 South, Range 26 East, Collier County, Florida. \•M,P 6i1•8 4° m ❑ �, � �•� Jr• •� � SCAN rtF•F ME P Y&h � SW 7RtiKp4 go 1 LZTUm—, A $ � a 3 ]0 L SW.o 11, � c F n n I� � m � � h � arEsw y �r3Ot�PLSi w-n-�� �•�' g I-Y-I-CITfTTTIIIfII� .g Ot�A suerEcr PROPERTY gqI PLSw ur a � g 3i5i-PL—SYY �c ELE � N P3 AV�3 IL 5 Yossm{e CT �Qti on CN Location Map If you have questions or comments, contact Sharon Umpenhour with GradyMinor by email: sumpenhour@gradyminor.com or phone: 239-947-1144. For project information or to register to participate remotely* go to, gradyminor.com/Planning. Any information provided is subject to change until final approval by the governing authority. The Neighborhood Information Meeting is for informational purposes, it is not a public hearing. *Remote participation is provided as a courtesy and is at the user's risk. The applicant and GradyMinor are not responsible for technical issues. Q. Grady Minor & Associates, P.A. 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N ?pN zz3 uN �zzwzw�rcxxzNx °No3?Nx3z zz`3"_°o� NaNu3,r u3io c� a ag�owcx>'o ° od'k'k'wz'' z>pNzxzNg ��>rxO>i�aN°r z a oaoaN'IF H ozo2l w,rn o°�°r0o r�°aaO�y-'OF�o��go a°x°��w�ww���wwy<o�Mm��Ma0000�M�ao�N�O caia w«5wa� omIi � -ao;t V a9'-MO NN z O o z Q7�LLaza�wawO'a Wz°K'c'x°��x°Fox°llywx°sx' UQQK"iy-b-y b-y caiWaa JaaUyaya�z N N NO.N �O W ll rjwo�W y°ar=O8MmOu »i�sx �?w-m�QoJJzz2rU-YHzLLayWzwozNz2zw?w�'oNaN>owzaroiN°F' oce °oz>33300xx�� z ��aww�aQ°o ww NEIGHBORHOOD INFORMATION MEETING PETITION NO. PL20210001657 - Golden Gate W ter Recla 3.D.g ]it, Conditional Use In compliance with the Collier County Land Development Code (LDC) requires a neighborhood meeting hosted by D. Wayne Arnold, AICP, of Q. Grady Min Associates, P.A., representing the Collier County W ter Sewer District (Apr will be held December 8, 2021, 5:30 pm at the Golden Gate Community CE Meeting Room B (4701 Golden Gate Pkwy, Naples, FL 34116). The Collier County Water -Sewer District has submitted a formal application to County, seeking approval of a Conditional Use per LDC Section 2.01.03 to incrementally expand the treatment capabilities of the existing Golder wastewater treatment facility from its current treatment capacity of 1.5 n of gallons per day (MGD). The first phase expansion of 3.5 MGD will K the needed capacity (5 MGD total) to expand wastewater service through( Golden Gate City area. Incremental expansions will occur as needed to m acceptable service levels in the utility system. The newly renamed "Central ( Water Reclamation Facility" will utilize state-of-the-art membrane bioreactor technology with closed tanks that produces irrigation quality water. The subject property is comprised of 16± acres and is located at 4931 32nd / SW in Section 28, Township 49 South, Range 26 East, Collier County, Flori( If you have questions or comments, contact Sharon Umpenhour with Grad,. by email: sumpenhour@gradyminor.com or phone: 239-947-1144. For I information or to register to participate remotely* go to, gradyminor.com/Ple Any information provided is subject to change until final approval by the goy authority. The Neighborhood Information Meeting is for informational purpc is not a public hearing. o ts, nd E nt) c� in as m. ier .c. ite C� ns de o he 0 sin ,ty LO w �R 0 0 0 Ir- c ue N J a N or act a -Ig it *Remote participation is provided as a courtesy and is Packet Pg. 429 ke applicant and GradyMinor are not responsible for technical issues. Np_GC10773684_01 NEIGHBORHOOD INFORMATION MEETING Petition PL20210001047 — Golden Gate Water Reclamation Facility (CU) December 8, 2021 PLEASE PRINT CLEARLY The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, L) U e-mail addresses, phone numbers and certain home addresses are public records once received by a government r agency. if you do not want your e-mail address, phone number or home address released if the county receives a = U public records request, you can refrain from including such information on this sheet. You have the option of Li checking with the county staff on your own to obtain updates on the project as well as checking the county Web site c for additional information. ca E NAME: Vl� � jJ� // EMAIL: � ADDRESSED �� PHONE: � 6o� NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NIM Sign -in Sheet 12/08/2021 Packet Pg. 430 3.D.g PL20210001657, Golden Gate Water Reclamation Facility Conditional Use 9-28-2021 NIM Transcript Wayne: So, good evening, everybody. I'm Wayne Arnold, and I'm a certified planner with Q. Grady Minor & Associates. This is Sharon Umpenhour from our office. We're required to audiotape this meeting for the county's process, so we'll be creating a transcript. Only two members of the public here, but questions, try not to talk over each other, and happy to go through a short presentation and answer any questions that we can. So, there's a pretty large contingent here. Everybody behind you is with Collier County government or with us, so, I'll make some introductions. Jim Banks, our traffic engineer, with any transportation questions, and Frank Feeney is an engineer from our office that's handling the project as well. And then, Tom, I don't know if you wanna introduce your folks or you want me to try to go through and introduce who's here. I'm happy to. [00:01:03] Tom: Let's not forget Tyler. Wayne: Oh yeah. Tyler Wainwright, with the company that's going to be designing the facilities. Tom: And, I'm Tom Chmelik, Director of Collier County Public Utilities Engineering, and with me is Craig Pager, our principal project manager for the project, project manager of the current chart, and in the back of the room, Evan Longa is our information specialist and Beth Johnson is here from operations director — actually, representing Steve Messner, who — you'll probably see his name on the slide, but he wasn't able to attend. Wayne: Okay. And, Ray Bellows, zoning director for the county, is here in attendance, Tim Finn and Gabrielle LoCastro, both principal planners, I think is your title. So, we have representatives from the county and the design team here to try to answer any questions you have. [00:04 :52] So, we're here for a conditional use application. The county requires a conditional use approval for any major effluent facility, and so, we're here under the procedures of the county's land development code established, and a conditional use has been approved on this site in its earlier form, called a provisional use, all the way back to 1974, and then there was another amendment back in ' 84 to add plant capacity, and this amendment that we're doing today for a new Page 1 of 8 Packet Pg. 431 3.D.g PL20210001657, Golden Gate Water Reclamation Facility Conditional Use 9-28-2021 NIM Transcript conditional use will actually increase plant capacity again incrementally, but the technology has changed dramatically, and if there are some questions about that, we can provide information to you. You met the project team. The project site — you all are neighbors, so you know exactly where it is, but it's Tropicana, south end of Golden Gate City, and the facility right now is largely oriented toward 32nd Avenue, and the new facility expansion will increase tanks and treatment capacity by some new technology — get rid of the open tanks for a closed system — so it'll help on odor control, things like that. [00:02:57] So, we have a specific request, and that was to go to an initial capacity of 5 million gallons from our current 1-1/2-million-gallon- a-day capacity, and that will then incrementally be expanded over time because it's my understanding — I'm not the tech person on this, but as the technology has allowed, we can increase plant capacity by doing things with the existing facility rather than all these other plant expansions with tanks and things. So, it's gonna use some state-of- the-art process to help reduce odors and produce irrigation -quality water at this facility, so a lot of good things are coming from the expansion. It is part of the county's mandatory system expansion to continue to operate an acceptable level of service. The county does an annual update, an inventory report every year where they talk about things they need, so they fund these projects, and this is one of those funded projects that needs to be expanded. Capacity probably needs to come online in 2023. 1 think construction would be planned to start sometime later in 2022, assuming that the Board of County Commissioners approves this. [00:04:04] So, as you all probably know, the county acquired all the facilities in Golden Gate from Florida Governmental Utilities a few years ago now, and so, with the Collier County Water/Sewer District owning that facility, obviously, they have the need to go ahead and not only maintain their facilities, but keep them modern and current with the technology, so that's what they're intending to do here. So, this is the conceptual site plan. You can see on the lower left part of the screen that that's sort of where the existing treatment systems are today, and then, you'll notice that we've got some other things with the tanks and the treatment systems that are identified filling up a lot of the site. We've been talking to the county staff as part of Page 2 of 8 Packet Pg. 432 3.D.g PL20210001657, Golden Gate Water Reclamation Facility Conditional Use 9-28-2021 NIM Transcript the initial review, and there were a set of conditions that the Board of County Commissioners typically approves for the conditional use, hence the name, but it would be a set of conditions that you need to abide by in order to be a good neighbor or to not create a negative impact. [00:04:58] So, we've offered — and, I'll go through those in a minute — some initial conditions, and those will be in flux as we go through the process. We may end up with input tonight from you that would say we can add another condition to address an issue or concern you may have, so those will be in flux up until the time that, in this case, the hearing examiner approves this type of project. So, it used to be county commission approval for conditional uses; now, the hearing examiner is allowed to approve those, and it's still a public hearing process, but it's just a little bit of a shorter process. So, these are the conditions that we talked about, and one of the big ones that the county staff wanted — and, in the two prior conditional uses, there were buffer requirements, and the county staff has asked that the water and sewer district put in place what's called a Type B buffer around the entire perimeter of the site, and that is a landscape buffer that's 15 feet wide, and it has canopy trees, but it also has to have an opacity with it, so it's either a hedge or a wall maintained to 6 feet in height. So, I don't think the county's really thought about its landscape treatment specifically, but it would have to include either a buffer or a solid fence. [00:06:11] So, that's one of those, and that comes along with the initial expansion, that the buffer would be — they can use a lot of the canopy trees that are there. Those are obviously older, mature trees that, if they can retain those, that would be great rather than putting in smaller plants. Hours of operation would generally be 9:00 to 7:00, Monday through Friday. Obviously, with a facility like this, there has to be a certain amount of security on site to make sure that it's a secure facility, but the general hours are 9:00 to 7:00, which people would be there. A lighting condition — so, shield lights to make sure that they're not imposing light glare onto neighboring properties. That's important, obviously. We have residential on two sides and we have the canal on two sides, so we need to make sure that we don't have light spillage onto the neighbors. [00:07:00] Also, they wanted us to have a system in place where we're doing readings and testing the facility to make sure that it's operating Page 3 of 8 Packet Pg. 433 3.D.g PL20210001657, Golden Gate Water Reclamation Facility Conditional Use 9-28-2021 NIM Transcript appropriately. They want us to coordinate with the civic association to deal with that, and they also want us to talk to the civic association just in general to keep them up to date with what's going on with construction activities and things like that. And then, of course, there's a groundwater monitoring process that's in place, and that's a state requirement, that there are monitoring wells on site today, and I'm assuming that there may be additional wells that are established over time. But, the method for this — I think they're injection wells too, somebody correct me if I'm wrong, but I think they are injection wells on site, and then, this process will produce irrigation -quality water, so the county will have the ability to get its back into its system and sell that irrigation water to golf courses, landscape the medians, and things of that nature. [00:08:01] So, that's kind of, in a nutshell, what we're doing. You're obviously neighbors, and we're happy to hear from you and try to answer any questions that you have about what we're attempting to do here. Daniel Mullaly: Can I walk up here? Wayne: Of course. Come on up. Sharon: Can you state your name, sir, please? Daniel: Daniel, last name spelled M-U-L-L-A-L-Y. This is the canal right here? Wayne: That's correct. Daniel: We are just on the other side. Wayne: Should I go to an area photo? Daniel: Sure. This is us. There is a lot of vegetation here, but a lot of that got knocked down during Irma, but there is still quite a bit there. Wayne: Yeah. I think the intent with the landscape buffer commitment — and, we can modify this as we continue to go forward, but this is expressed as a Type B enhanced buffer, so that would mean that there are bigger trees, typically, and in this case, the larger the trees we can retain, certainly, the better off. It's less expensive for the county and better for you as a neighbor. [00:09:05] Do you all see anything from your house today on site? Page 4 of 8 Packet Pg. 434 3.D.g PL20210001657, Golden Gate Water Reclamation Facility Conditional Use 9-28-2021 NIM Transcript Daniel: Everything. Kimberly Mullaly: Yes. Lights included. And, on a very windy day, since there's nothing in those open — Daniel: Retention ponds. Kimberly: — retention ponds, we get a lot of dust that comes blowing through there. Wayne: Tyler, do you have anything to say on dust control? That's obviously not during construction, so I'm not sure what the dust component is that may be occurring there. Tyler: Well, I mean I guess the biggest thing is gonna be those rapid filtration basins are gonna go away with the construction of the big plant, so — Wayne: So you're saying these basins are going away, Tyler? Tyler: Yes, sir. Those two northern and the one southern will go away as part of the new facility, so if there's dust being generated there right now, it should improve with the new construction. [00:10:06] Daniel: It's nowhere near what it was when FGUA had it, but they were dragging all the vegetation out of there and just letting it be raw dirt. I don't think they're doing that anymore, not for a while. They're cutting it in there, but I believe there's vegetation at the bottom of those ponds now. Tyler: Grass and stuff that'll grow. Daniel: That'd be correct. Frank Feeney: You're correct. The other part of the development as far as what Tyler is saying is you can't keep dirt as part of this. You have to have sod. You have to have the landscaping, which is everything we're talking about here. The other aspect of that is along those canals, if there's any exotic vegetation — Brazilian pepper or something like that — that will have to be removed as part of the development, too. So, ultimately, what you'll get is exactly what Wayne is talking about here, is a nice, thick vegetation that's gonna Page 5 of 8 Packet Pg. 435 3.D.g PL20210001657, Golden Gate Water Reclamation Facility Conditional Use 9-28-2021 NIM Transcript be more like what you're used to seeing along the roads — oak trees and things of that nature. [00:11:00] Again, we try to keep the big ones and the mature ones there in place so that we — you don't wanna cut down the big trees if you don't have to. Daniel: Of course. Wayne: Anything else? Daniel: The sewer lines that are going in there — are a lot of those gonna be spread out through the neighborhoods for service connections, or is that way down the road? Wayne: I don't know. Who wants to answer that question? Tom or Tyler? Tom: To the best I can. It is down the road. The county is engaging in a master plan for all of Golden Gate City to look at not just wastewater service, replacing septic systems. They're replacing existing pipes throughout the area that might be in need of replacement because of their age, but also expanding water, transportation's involved, as well as pathways. [00:4 2:00] So, there's actually been an appropriation that's gone to the state legislature to get some funding to start that master plan, and that'll take some time to do that, and then look at funding opportunities to fund the program as well. So, we don't know what areas over what time period, but we know it's going to be many years —10-plus years — of growth and expansion of the system, and that's why we're getting ahead of this with the facility. Because it's a two-year construction project, we'll have the facility in place so that then we can start expanding/replacing those septic systems and bringing them online. Daniel: That answers that. Tyler: Are you on a septic tank now? Daniel: We are, but we are also on city water, so we're kind of half in between. [00:12:581 Wayne: Anything else? We're here. Page 6 of 8 Packet Pg. 436 3.D.g PL20210001657, Golden Gate Water Reclamation Facility Conditional Use 9-28-2021 NIM Transcript Daniel: That's it. That was the question. How far down the road is that? Tom: From a priority standpoint, we would refer to replace septic systems where there's also well water, so, where people don't have city water — you have city water, so that's great. The higher priority would be where there isn't either service. Daniel: Makes sense. Wayne: Anything else? Kimberly: I know you talked about brown water. How will this affect the canal system? I know previously, when FGUA had the property, there was some issues, and they were constantly out there testing the canal waters. Wayne: I think that just goes part and parcel with the treatment facility anyway. I think those are DEP conditions that they have to continually test to make sure that there's not a migration into the water offsite. Tom, I don't know if you wanna add any more, but generally, it's a state requirement that you have to do this testing anyway. [00:44:05] Tyler: Water quality monitoring will continue with the permit requirements, but specifically, the old disposal method — one method — was using those ponds. Wastewater in the ponds seeps down, and that's how it was disposed of. This new facility won't use that as a disposal method anymore, so the primary disposal method of the new facility will be to create irrigation water that'll get transmitted out and sold to customers. So, the infiltration basins won't be used as a disposal method anymore. Daniel: We would expect less impact on the canals. Tyler: Correct. Kimberly: What impact is the deep injection wells? Because we've lived there since they were put in. Tyler: The injection well? As far as groundwater, it's thousands of feet deeper than potable supply wells, or at least the domestic potable supply wells, so there's really no interaction between the two. Page 7 of 8 Packet Pg. 437 3.D.g PL20210001657, Golden Gate Water Reclamation Facility Conditional Use 9-28-2021 NIM Transcript [00:15:00] Kimberly: Okay. Frank Feeney: The way the typical Florida aquifers are, there's separations, silt layers, rock layers, and things of that nature, so if we're down a thousand feet, you're gonna have multiple aquifers between that. Your typical aquifer that you're gonna be pulling your drinking water out of for that area is gonna be in the Tamiami, which is about 30 to 80 feet deep, so like I said, usually between these aquifer systems, you have a confining layer that prevents the water from mixing, and as you go much deeper, it gets more salty, so you don't ever have the potable water wells coming from those really deep aquifers. So, there's really a very, very limited chance, and again, as part of the injection well permitting that you have to go through, there's a lot of research that's looked into with these aquifers to make sure there's no bleed through. Tom: And, deep injection wells are also tested periodically to make sure they maintain their integrity. Wayne: Thank you. Anything else? Daniel: Not from me. I used to work for the county, so... Wayne: I'll share this slide. We don't have a hearing date set yet, but if you received notice for this, you'll receive notice for the hearing examiner that we'll be scheduled for. Sharon's contact information is here on the screen. You can obtain this PowerPoint presentation from our website, or if you wanna email Sharon, take one of her cards. She'll be happy to email them to you. And then, of course, county staff — Gabby is here, and Tim Finn, and they will certainly be happy to provide any other information if you'd rather get it from the county. Well, thank you all for coming out. I appreciate you taking your time. I know it's a busy time of year, so, thank you. Kimberly: Thank you. Wayne: Good night. [End of Audio] Duration: 17 minutes Page 8 of 8 Packet Pg. 438 - L99WOUZOZld : L6VVZ) sleiia;ew dnjoe8-uoi4eoijddy - 3 ;uauayoePV :;uauayoe;;y z W 0 J r� Mli O W a. 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For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance. SharonZ7mpenhour as Senior Planning Technician for Q. Grady Minor & Associates, P.A. State of Florida County of Lee The foregoing Affidavit of compliance was acknowledged before me this November 22, 2022 by Sharon Umpenhour as Senior Planning Technician, who is personally known to me. (Signature of Notes Public) Printed Namd of Notary sfr,' KIMBERLY A. SCHER MY COMMISS10iV # GG 2$1617 EXPIRES: December 12, 2022 '• oFx�° ' Bonded Thru Notary Public UndenWiters Packet Pg. 447 GradyMinor 3.D.g Civil Engineers • Land Surveyors • Planners • Landscape Architects NEIGHBORHOOD INFORMATION MEETING PETITION: PL20210001657 — Golden Gate Water Reclamation Facility Conditional Use In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood meeting hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., representing the Collier County Water Sewer District (Applicant) will be held December 8, 2022, 5:30 pm at the Golden Gate Community Center in Meeting Room B (4701 Golden Gate Pkwy, Naples, FL 34116). The Collier County Water -Sewer District has submitted a formal application to Collier County, seeking approval of a Conditional Use per LDC Section 2.01.03.G.1.c. to incrementally expand the treatment capabilities of the existing Golden Gate wastewater treatment facility from its current treatment capacity of 1.5 millions of gallons per day (MGD). The first phase expansion of 3.5 MGD will provide the needed capacity (5 MGD total) to expand wastewater service throughout the Golden Gate City area. Incremental expansions will occur as needed to maintain acceptable service levels in the utility system. The newly renamed "Central County Water Reclamation Facility" will utilize state-of-the- art membrane bioreactor (MBR) technology with closed tanks that produces irrigation quality water. The subject property is comprised of 16± acres and is located at 493132nd Avenue SW in Section 28, Township 49 South, Range 26 East, Collier County, Florida. ■1■i P2 ■ I■■ a ■ 0 '■ ■�_�+5■,„ s 0 En ■Ni C - - WN M ���r■r N ■■ ��r■ =r � C • - ■rNi NN ■■r■■ ■■r■■ � : � -■IrII rIn■ NINE ■Ir■■rI■r■NrN NINE .■ � moll ■ nI■r■N ■I rlrr■rrNrrMEN ■r r■nnn■ IrN■rNN IrN■rIN Nn■r■ Nlnnn■r■rI■ r ©� Er■Ir■nnrlN �� �■ ■ r■Irrrrl■N iI■rnrN � rI■worn nr■■ ■nnrn ■ � . Nr■NNNI■ In■IlIIIIII rI■rsr� - .goo If you have questions, please contact Sharon Umpenhour with GradyMinor by email: sumpenhour@gradyminor.com or phone: 239-947-1144. For project information or to register to participate remotely* go to, gradyminor.com/Planning. Any information provided is subject to change until final approval by the governing authority. The NIM is an informational meeting, not a public hearing. *Remote participation is provided as a courtesy and is at the user's risk. The applicant and GradyMinor are not responsible for technical issues. ' Q. Grady Minor & Associates, P.A. 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Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida , for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 11 /22/2022 Subscribed and sworn to before on NOVEMBER 22ND. 2022 Notary, State of WI, Vounty of Brown My commission expires: I --% —/� PUBLICATION COST: $1,008.00 AD No: GC10978519 CUSTOMER NO: 531419 PO#: PUBLIC NOTICE AD SIZE: DISPLAY AD W/ MAP 3X10 EKA-THL7E-EN ALLENWisconsin PacketPg. 452 3.D.g NOTICE OF NEIGHBORHOOD INFORMATION MEETING PETITION: PL20210001657 — Golden Gate Water Reclamation Facility Conditional Use In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood meeting hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., representing the Collier County Water Sewer District (Applicant) will be held December 8, 2022, 5:30 pm at the Golden Gate Community Center in Meeting Room B (4701 Golden Gate Pkwy, Naples, FL 34116). The Collier County Water Sewer District has submitted a formal application to Collier County, seeking approval of a Conditional Use per LDC Section 2.01.03.G.1.c. to incrementally expand the treatment capabilities of the existing Golden Gate wastewater treatment facility from its current treatment capacity of 1.5 millions of gallons per day (MGD). The first phase expansion of 3.5 MGD will provide the needed capacity (5 MGD total) to expand wastewater service throughout the Golden Gate City area. Incremental expansions will occur as needed to maintain acceptable service levels in the utility system. The newly renamed "Central County Water Reclamation Facility" will utilize state-of-the-art membrane bioreactor (MBR) technology with closed tanks that produces irrigation quality water. The subject property is comprised of 16± acres and is located at 4931 32nd Avenue SW in Section 28, Township 49 South, Range 26 East, Collier County, Florida. SUBJECT PROPERTY If you have questions, please contact Sharon Umpenhour with GradyMinor by email: sumpenhour@gradyminor.com or phone: 239-947-1144. For project information or to register to participate remotely* go to, gradyminor.com/Planning. Any information provided is subject to change until final approval by the governing authority. The NIM is an informational meeting, not a public hearing. *Remote participation is provided as a courtesy and is at the user's risk. The applicant and GradyMinor are not responsible for technical issues. NEIGHBORHOOD INFORMATION MEETING Petition PL20210001047 — Golden Gate Water Reclamation Facility (CU) December 8, 2022 PLEASE PRINT CLEARLY "'PLense be adv�secl*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional i formation. NAME: .p`i EMAIL:�� ADDRESS: /— �, � •'7 %_ J � . C i1 / PHONE: :20 07 / 7/ /t7 NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NIM Sign -in Sheet 12/08/2022 3.D.g Packet Pg. 454 3.D.g Golden Gate Water Reclamation Facility CU (PL20210001657) November 10, 2022, NIM Transcript Wayne: Good evening. I'm Wayne Arnold, I'm with Grady Minor and Associates, and we're here representing Collier County government in their attempt to expand the wastewater treatment capacity for the Golden Gate wastewater treatment [inaudible — background noise], and its, uh, conditional use application, which has already been approved for the site, but because we're expanding the capacity, we're required to go through the conditional use process and the public hearing process. So, we held a neighborhood meeting, I think one year ago tonight, actually, and with the storm, Hurricane Ian, things have gotten pushed back with utilities, so our time was expiring before we could get to the hearing examiner, so we're holding a second neighborhood information meeting for the public. And so, we have several attendees here from Collier County, and I think it behoove us to, uh, introduce them. This is Sharon Umpenhour with Grady Minor, she'll be recording the meeting, and Frank Feeney's the engineer with our office who's handling the project, and, uh, Steve Steve: Steven Agapa with Tetra Tech. Wayne: Right. [00:01:00] Craig: My name's Craig Pajer. I'm the subregional utilities director overseeing the Golden Gate treatment plant expansion project. Corrine: Corrine Trtan with public utilities, uh, project manager for the expansion. Matt: Matt McLean, I'm an engineering and project management director of public utilities. Tim: And I am Tim Finn, principal planner. Evelyn: I'm Evelyn Longa, um, public information for Collier County Public Utilities. Wayne: Great, thank you. So, the project — Kaydee, I'm sure you're very familiar with the site. It's located at Tropicana and 32nd, and it's, uh, almost adjacent to the Golden Gate High School, and it's accessible on Tropicana and 32nd. So, the facility's been there since the early `80s, and it has a limited capacity. Page 1 of 12 Packet Pg. 455 3.D.g Golden Gate Water Reclamation Facility CU (PL20210001657) November 10, 2022, NIM Transcript The county has, in their annual updated inventory report, that — uh, to expand the plant capacity, so this is a necessary expansion opportunity, and it's going to get some technology changes that are going to be some motor control and some enclosed systems, and if you have any specific questions, we've got people here that can try to answer those for you. [00:02:07] You can see the site and its condition today. It's got the drain beds that are, uh, exposed, and there are going to be a series of tanks that get, uh, placed on the site that will replace those. You can see those, uh, in some of these locations, Kaydee — that, and some enclosed systems for the treatment capacity. So, that's the conditional use site plan. And so, we show a couple of the project entrances on Tropicana, and those, of course, will be gated and secured, and then, uh, there will be a new entrance on 32nd, and then, the existing entrance may be migrated out, and so, we've got the flexibility to either close it or not. They haven't decided how they're gonna treat the corner exactly. Uh, we have conditions of approval, and what I went over with Russell when I spoke with him was No. 1, and it's hard to read on this screen, but essentially, what it says is the buffers that we have have to be a Type E buffer, and those buffers are required to be opaque and 6 feet high within a year, and then, we have to have trees. [00:03:04] So, what we've committed to do, working with the county's landscape architect, is to have a system where we'll try to retain the mature trees that are healthy. You can go out there — because FP&L has hat -racked those trees, some of them aren't healthy. Kaydee: They — it looks horrible. Wayne: Yeah. So, those trees — the county made an expensive decision to go ahead and put underground utilities in, so it gives us flexibility on the buffer, so that was kind of a big deal, and that was a process of going through the FP&L to find out what the cost would be, and would they let us do it, and all that good stuff. So — so, we have a whole series of conditions. We added a couple of new submissions. The county staff asked us to commit that the — the tanks and things like that would be of a color scheme that are comparable to what other commercial standards are, so you can't put purple tanks in there. They have to be more earthy tones or something like that. Uh, Page 2 of 12 Packet Pg. 456 3.D.g Golden Gate Water Reclamation Facility CU (PL20210001657) November 10, 2022, NIM Transcript they asked us to put a height limit — even though they're exempt from height limits, we have a height limit of 50 feet that we can put on these tanks to be above ground. [00:04:02] So, the code exempts water tanks and tanks like this from height limitations, so we've established one, and then, um, there's a groundwater quality control -type process where there'll be monitoring, and that's been modified a little bit. So, between the landscaping and those other commitments I just mentioned — and we'll make any of these available if you'd like to have them — you can have my copy and my presentation to take with you if you'd like — so, that's — Sharon: It can also be emailed. Wayne: Oh, absolutely. Sharon — uh, if you give Sharon your info — oh, I've got your email address, so we'll be happy to email you when — Kaydee: Well, it's on the thing. Wayne: Oh, okay. So — and we just learned today — this afternoon — that our hearing date before the hearing examiner is going to be January the 26th, and it'll be a 9:00 a.m. public hearing at Collier County government — not the government center, but at the Horseshoe Drive complex. So, that's kind of where we are in a nutshell. I don't know if you have any specific questions about where we are, Kaydee. [00:04:57] This is something that, assuming we get the approval from the hearing examiner — the hearing will be in January, he takes up to 30 days to render an opinion, so we should learn by hopefully mid - February that it's a go, and I think the county has an interest in making this happen sooner than later. Kaydee: Um, what's the increase in capacity? Wayne: Well, it's flexible. Frank, you probably know the answer to this one because it — 12 million gallons in the configuration they have, but it's expandable. Kaydee: What's it — what's it currently doing, and what's the gain — Wayne: Oh, it's, like, 1 1/2 million gallons per day — Frank: One and a half now. Page 3 of 12 Packet Pg. 457 3.D.g Golden Gate Water Reclamation Facility CU (PL20210001657) November 10, 2022, NIM Transcript Wayne: — 1-1/2-million-gallon-per-day capacity today, and with the new treatment capability, they can expand it — I think it was 12. Matt: It's up to eight. Wayne: Up to eight? Matt: Yeah. Wayne: All right. Kaydee: And so, the settling ponds will be gone? Wayne: Yup. Frank, do you wanna just — for a minute — explain what goes on in, like, parts of that? Frank: Sure. Wayne: Do you want a pointer? I've got — Frank: Yeah, that'd be great. Wayne: Hopefully, I have a better one than this. [00:05:56] Frank: So, our existing plans, looking at this general area, are here, which we actually do have, um, existing tanks that are open to the environment, which allows the smells and whatever to come out throughout, and they're located here, here, and here. Uh, open — open -dish clarifiers. Kaydee: Huh. There's tanks down there, on that end? Frank: There are. There are two right here. Kaydee: Are they, uh, above ground, or are they buried? Frank: They're above ground. Wayne: Do you wanna go back to the aerial? Frank: Um, sure. Wayne: A couple back. Page 4 of 12 Packet Pg. 458 3.D.g Golden Gate Water Reclamation Facility CU (PL20210001657) November 10, 2022, NIM Transcript Frank: Kaydee: Unknown Speaker: Frank: Kaydee: Frank: Kaydee: You can see them right here. Oh, okay, right. There's three. And there's a third one right here. Right, okay. So, these are your treatment currently, and I said these are your clarifications — Right. Frank: And the process that — the digestion of the — of the solids and stuff. So, what they're doing now is they're actually making with the — the new plant, which is pretty much here and these tanks here, they're closing everything. [00:06:51] So, as the sewage comes in, it's gonna go through a headward system, it's gonna be screened, and they're gonna have, uh, air scrubbers that are gonna pull the air and close that, pull it off, run it through a bio — bioscrubber for the intake, and also, in these, uh, MLE basins — mixed liquor basins — which is where the, uh, processing actually occurs, they'll actually have covers on those as well to, again, capture the air and run it through a chemical scrubber in order to treat the air. Uh, treated water, extra water that's, you know, for the process is stored in these tanks, and is either disposed of doing down, uh, ASR wells or it's actually sold as green plant water. Did I miss anything, Craig? Craig: It's a deep injection well — Frank: Deep injection, correct. Craig: Not an ASR. Frank: Okay. Kaydee: And when will it be expanded to the public? How are they going to, like, isn't this — I mean, right now, so much of our community does not have sewer. Frank: That is a question — Page 5 of 12 Packet Pg. 459 3.D.g Golden Gate Water Reclamation Facility CU (PL20210001657) November 10, 2022, NIM Transcript Kaydee: I mean, I assume that's why you're doing this, not to serve other areas — Wayne: I think in part — Kaydee: — but to serve us. [00:08:02] Wayne: Well, I think it becomes part of the regional system. It's gonna all be interconnected at some point between your south county facilities, Craig — Craig: Correct. Wayne: The intent is, yeah. Craig: The county has a vote to be undertaking a master plan for Golden Gate that includes, um, storm — stormwater, and potable water, and wastewater so that all the different services that the county provides is coordinated, and that's gonna be kicked off, uh, next year so that we can master -plan and coordinate our projects together. So, that will — from that master plan, will be — it will develop, uh, a plan of action for providing wastewater service to the - to the residence. Kaydee: And when will this be done? Craig: Well, we'll be starting construction sometime in next year. Wayne: Sometime in 2023. Kaydee: With a completion date of? Craig: It takes about two years to complete construction. Kaydee: So, not necessarily — [00:08:59] Craig: So, it'll be done in advance of the expansion of the — of the wastewater system so that we have the capacity to serve. I'll also add that, um, there's a connection to where the high school is — Kaydee: Right. Craig: — and — but that area will be serviced by this treatment plant. It's — Page 6 of 12 Packet Pg. 460 3.D.g Golden Gate Water Reclamation Facility CU (PL20210001657) November 10, 2022, NIM Transcript it's from, uh, 9 — the 951 corridor — what's the name of the street? Unknown Speaker: Magnolia Pond. Craig: Yeah, Magnolia. Wayne: Magnolia Pond. Craig: Yeah. Kaydee: Oh, so this isn't really necessarily being done for our community, it's being done for the area — Craig: Correct— well, any areas that are adjacent to Golden Gate City, uh, could potentially be served by — by the plant. Wayne: I think bringing septic tanks that are located in parts of this is a little bit different part of the master planning effort, but the capacity's going to be here to accept the wastewater once that inevitably is going to occur. I think, you know, the commissioner stated that numerous times, that that's a — a plan that they want to try to implement. [00:09:58] Craig: And right now, the current wastewater plant does provide service to the commercial area by Pine Ridge Road and 951. There's wastewater force mains that service some of that area. It gets pumped south to Golden Gate City, and that — that's happening now, as we speak. And also, to the area west of Santa Barbara Boulevard along Golden Gate Parkway, the David Lawrence Center, and there's some other — maybe it's the bridge club — some other, uh, I'll call them "commercial," but institutional and commercial areas — are currently being served today, as we speak. So, it all depends upon what makes sense to be served, uh, you know, as wastewater goes into Golden Gate City. Kaydee: No, because we haven't really seen — even though the county's owned this for quite some time, and our — our water systems — we haven't seen any expansion, really, um, into the residential areas. Craig: Mm-hmm. Well, it was all privately owned before — Kaydee: So, the master plan is going to address...? Craig: Correct, correct. Page 7 of 12 Packet Pg. 461 3.D.g Golden Gate Water Reclamation Facility CU (PL20210001657) November 10, 2022, NIM Transcript Kaydee: And who's gonna be on the master plan? Can I...? Craig: I have no idea. Um — Kaydee: When will that be set up? [00:11:061 Wayne: I — I don't know the details of that, Kaydee. That's a separate effort from this conditional use. The civic association has mentioned in one of the conditions here that there's gonna be coordination during construction of this with the civic association on a monthly basis — Kaydee: But usually, like, the master plan for these dates and the city aired before — it consisted of, uh, residents. Wayne: Oh, I'm sure there'll be residents that are part of the master plan process. I don't know that it's gonna be a committee or versus a series of public input meetings. I — I don't know. Craig, you probably don't even know that either. Craig: Yeah, we don't know that either. We have — we got — we received about half a million dollars of funding from the State of Florida to kick this off, and I think we're gonna be applying for another half a million dollars, uh, to make it a coordinated effort, and then, various departments within the county are gonna be participating in that. Kaydee: Because yeah, it's my understanding that we were going to be, you know, expanding into our community, replacing septic tanks, hooking people up for water, but this sounds like it's not even really designed to serve us, it's designed to serve the outlying areas of our community. [00:12:06] Craig: Well, the main focus is internal to Golden Gate City. Currently, we're — we're expanding the water system to be — be able to provide better pressure to Golden Gate City, and some of those projects have already been bid, and some of them are about to be bid, but it's sort of the hub to be able to feed Golden Gate City with drinking water. We're connected now, but this'll be — be able to provide more potable water to the city. And then, that was the first phase, and then, the wastewater will follow up after that. And then, more infill throughout the community for potable water because not everybody Page 8 of 12 Packet Pg. 462 3.D.g Golden Gate Water Reclamation Facility CU (PL20210001657) November 10, 2022, NIM Transcript has water mains in front of their house either. A lot of wells. Kaydee: Right, and I think for a lot of residents, that's a bigger issue than the wastewater. Craig: Correct. Kaydee: They want to see city water. Craig: Yeah. Wayne: Sure. Evelyn: And Kaydee, I think, uh, we will be having a meeting here for the water part of it too, because, uh, that's going up, uh, before the board this month. So, we're — Kaydee: Okay. And I'm a little — oh, I'm sorry. Evelyn: That's okay. [00:13:06] Kaydee: I'm a little bit curious how the meeting was, um, advertised, too, because it does shock me that I'm the only one here when you consider all of the houses that are around this, and some of them certainly must be impacted. I live about a block away, and I, you know, the weather is blowing right, I can smell the — the plant, but I have to assume that the people that are much closer, um, deal with it all the time, so an expansion — unless they're just, you know — I don't know if it was put out in different languages — how was it advertised? Wayne: Uh, we're required to send out mail notices with 500 feet, and then, there's a legal ad posted in the Naples Daily News. Kaydee: Yeah, that's — Wayne: If it's any consolation, we had two attendees when we did this meeting a year ago, and they were two neighbors across the canal that were just concerned about lighting and buffering, so... Frank: I believe it was that house right there. Wayne: Yup, I think so. One of those houses on the — Page 9 of 12 Packet Pg. 463 3.D.g Golden Gate Water Reclamation Facility CU (PL20210001657) November 10, 2022, NIM Transcript Kaydee: Probably the Waylans, yeah. Wayne: So... [00:13:591 Evelyn: In the past, we have joined, uh, one of your regular meetings so that there was more people in attendance. Kaydee: Yeah, that would be good. We would like to have this presented there, where people can, you know, ask more questions, and, uh, we do appreciate this. Also, um, I wanted to have the association and my email on all, um, all projects that impact our community. I thought we had that done, or that we were on the mailing list, but I don't — Wayne: Are we — is the association on the mailing list for this? I'm pretty sure they are, Kaydee. Kaydee: The email? Sharon: No, your — I think we were mail, but no — Unknown Speaker: They're not on — Kaydee: If we could have email, because our secretary doesn't always get over here to get the mail. Wayne: Mmm. Well, we don't send email notices because that's not how the county requires the notice to be made. The county requires a written mail notice and a legal ad. I'm happy to email you the presentation. Kaydee: Well, I appreciate that. Sharon: Yeah, the letter was mailed out, in advance of this meeting. It's supposed to be 15 days, but I usually do it more. Kaydee: Can — can I change the address on it so it doesn't come here to the center? Right now, it's coming to the community center, and it could go to — Sharon: Well, that, you would have to provide to the county because we are not mailing out any more notices. Page 10 of 12 Packet Pg. 464 3.D.g Golden Gate Water Reclamation Facility CU (PL20210001657) November 10, 2022, NIM Transcript Kaydee: No, I know, but for future reference. Sharon: Oh, yeah, that's fine. Wayne: Sure. [00:15:10] Kaydee: And which agency do I do that through? Sharon: You can just — well, the — Kaydee: Because I'd like to try to do that for — Sharon: Evelyn, you can — Kaydee: — all notices, you know, for any, um, construction or projects. Wayne: Well, the county has a list that's maintained on the — Sharon: Civic association, yeah. Wayne: Is it on the county commissioner's website? I forget where it is on the web, but it's on a website. Kaydee: I know there's a list, but I don't know how to get — how to access it to have somebody change the address. Sharon: I would contact the board of county commissioners' office. Wayne: Yeah. Sharon: The county manager's office would probably be your best bet. Kaydee: Okay. Wayne: Yeah. Sharon: But, if you want to email me the contact information, I can just put it in our — Wayne: And change it in our system. Sharon: — contact information. Page 11 of 12 Packet Pg. 465 3.D.g Golden Gate Water Reclamation Facility CU (PL20210001657) November 10, 2022, NIM Transcript Kaydee: Sure, okay, I'll do that. Um, do I have your...? [00:15:52] Sharon: There's a card right there. Kaydee: Perfect, thank you. Wayne: All right. Anything else? Adjourn? Kaydee: Adjourn. Wayne: Adjourn. Thank you, Kaydee, for coming out. Craig: Thank you for attending. Wayne: Sharon, let me get you that — Kaydee: Thank you for setting this all up. 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NUA-PL20220004583 - Request a non -conforming use alteration pursuant to LDC Section 9.03.03.B.4 to allow replacement of an old carport that is accessory to a nonconforming single-family residence with a carport of like size for property located within a Heavy Commercial Zoning District / Immokalee Agribusiness Overlay Subdistrict (C-5/AOSD). The subject property is .24 acres located at 326 Alachua Street in Immokalee and is legally described as Lots 40 thru 42, Block 53, Newmarket Subdivision, in Section 3, Township 47 South, Range 29 East, Collier County, Florida. [Coordinator: John Kelly, Planner 11] Commission District 5 Meeting Date: 02/09/2023 Prepared by: Title: Operations Analyst — Planning Commission Name: Diane Lynch 02/01/2023 2:46 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 02/01/2023 2:46 PM Approved By: Review: Growth Management Operations & Regulatory Management Diane Lynch Hearing Examiner (GMD Approvers) Diane Lynch Zoning Diane Lynch Zoning Zoning Hearing Examiner Diane Lynch Diane Lynch Review Item Review Item Review Item Division Director Andrew Dickman Meeting Pending Review Item Skipped 01/30/2023 3:48 PM Skipped 01/30/2023 3:48 PM Skipped 01/30/2023 3:48 PM Skipped 01/30/2023 3:48 PM Skipped 01/30/2023 3:48 PM 02/09/2023 9:00 AM Packet Pg. 476 3.E.a a CU Fte-r County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION — ZONING SERVICES SECTION DATE: JANUARY 26, 2023 SUBJECT: NUA-PL20220004583; 326 ALACHUA STREET, IMMOKALEE PROPERTY OWNER/APPLICANT: AGENT: Francisco Ochoa, Jr. and Cynthia O. Yzaguirre 326 Alachua St. Immokalee, FL 34142 REQUESTED ACTION: Diana Baldrich 239 Permitting Services, Inc 1060 Golden Gate Blvd. E. Naples, FL 34120 The petitioner requests the Collier County Hearing Examiner approve a non -conforming use alteration (NUA) pursuant to LDC Section 9.03.03.B.4 to allow for the replacement of an old carport that is accessory to a nonconforming single-family residence with a new carport of like size. GEOGRAPHIC LOCATION: The subject property is located at 326 Alachua Street, midway between Roberts Avenue and Jefferson Avenue, and is legally described as Lots 40 thru 42, Block 53, Newmarket Subdivision, in Section 3, Township 47 South, Range 29 East, Collier County, Florida. (See location map on page 2). PURPOSE/DESCRIPTION OF PROJECT: The petitioner requests an NUA pursuant to LDC Section 9.03.03.B.4 to replace an existing 19.5- foot by 20.55-foot carport with a new one of like size; said accessory structure is structurally attached to a single-family dwelling that was constructed in 1961 by means of Building Permit No. 61-3557 at which time said property was located within an I-C-3 zoning district that allowed for such use. Zoning has since changed and the subject property is located within a Heavy Commercial Zoning District / Immokalee Agribusiness Overlay Subdistrict (C-5/AOSD) which does not allow for residential uses; therefore, the subject residence is nonconforming. NUA-PL20220004583 — 326 Alachua St Page 1 of 6 January 9, 2023 Packet Pg. 477 eo4ao - ealelouuul jS en4aelV 9Z£ ` nN £8SV000ZZOZ-ld : 96'PbZ) £ZOMM podeN jje;S :;uew43ejjV 00 q I- L4 eh di a Y V f0 a a Oh � o r a c� a m �a JIM 4qj pg e = {� M30 is Pu 5 4 Z J SP1 L F ,L M9 S �,L S c 0 m CO CD N N 0 N J CL E 3 z 0 CL Ca J NUA-PL20220004583 — 326 Alachua St Page 2 of 6 January 9, 2023 3.E.a SURROUNDING LAND USE & ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the subject property: North: Alachua Street (Right -of -Way) than Howard Fertilizer liquid production plant (C- 5/AOSD) East: Single-family dwelling (C-5/AOSD) South: Undeveloped — Lots 51-55, Block 53, Newmarket Subdivision (C-5/AOSD) West: Ft Fy's Caribbean Cuisine, Restaurant (C-5/AOSD) Collier County GIS NUA-PL20220004583 — 326 Alachua St January 9, 2023 Page 3 of 6 Packet Pg. 479 3.E.a GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is within the Urban Designation — Urban Industrial District, Industrial Mixed Use Subdistrict, of the Immokalee Area Master Plan (IAMP) Future Land Use Map of the GMP. The IAMP does not address individual NUA requests but deals with the larger issue of actual use. As previously noted, the subject site house was constructed as a dwelling in 1961 with a building permit and was within an I-C-3 zoning district. The zoning district, although commercial, allowed residential uses as it was pyramidal zoning; C-3 allowed the uses of C-2, allowed C-1, allowed the uses of Res, and so on. The purpose of the Industrial — Mixed Use Subdistrict (IMU) is to provide a transition area from the Industrial Subdistrict to adjacent commercial and residential land uses. Although the IAMP did not specifically list this house as a non -conforming use, the residence has existed as a non -conforming use since 1961. Since the new proposed carport will be the same size and be in the same footprint, the subject use is consistent with the IAMP of the GMP. The requested NUA does not have any impact on this property's consistency with the County's GMP. STAFF ANALYSIS: The applicant seeks to obtain an NUA to allow the replacement of an existing dilapidated carport that is attached and accessory to a single-family dwelling with a new one of like size. The subject property is located within a C-5/AOSD zoning district; said district does not allow for residential buildings or uses. Staff obtained a Property Card from the Property Appraiser's Office which reveals the subject residence was constructed in 1962 by the authority of Building Permit No. 61- 3557 and the existing carport was identified in 1966. Staff was able to obtain a copy of the 1961 permit and has been able to determine that the subject property was within the Immokalee — Commercial -Light Industrial (I-C-3) zoning district which allowed for residential uses via pyramid zoning. The property card indicates that an addition and the existing carport appeared in 1966. Staff obtained a copy of Building Permit No. 66-611 for such an addition; however, is uncertain if it included the carport. As the existing carport is to be demolished and a new building permit is required for the construction of the new carport, staff believes the issue to be moot. The new carport will be of like size, 19.5 feet by 20.55 feet, and be 8 feet in height with a flat roof. LDC Section 9.03.03.B, nonconforming structures, states, in part: "Where a structure lawfully exists at the effective date of the adoption of this ordinance or relevant amendment that could not be built under the LDC by reason of restrictions on lot area, lot coverage, height, yards, location on the lot, or requirements other than use concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:... 4. Nonconforming residential structures, which for the purpose of this section shall mean detached single-family dwellings, duplexes, or mobile homes in existence at the effective date of this zoning Code or its relevant amendment and continuous residential use thereafter, may be altered, expanded, or replaced upon recommendation of the Collier County Planning Commission and approval of the Board of Zoning Appeals by resolution. " The Hearing Examiner has since been granted the authority, by ordinance, to hear and act on NUAs. The subject property comprises three lots that have been combined for development and measure 75 feet by 140 feet (10,500 square feet). As per LDC Section 4.02.0l.A, Table 1, the minimum Lot area and width within the C-5 zoning district are 10,000 square feet and 100 feet, respectively; NUA-PL20220004583 — 326 Alachua St Page 4 of 6 January 9, 2023 Packet Pg. 480 3.E.a therefore, the subject unified property is nonconforming with respect to lot width. The decision to grant an NUA is based on the criteria in LDC Section 9.03.03.B.5.a through f. (in bold font below). Staff has analyzed this petition relative to these provisions and offers the following responses: a. The alteration, expansion, or replacement will not increase the density of the parcel or lot on which the nonconforming single-family dwelling, duplex, or mobile home is located. The applicant desires to replace a carport that is an accessory to the existing single-family dwelling; said replacement of an accessory structure will not increase the density of the lot. b. The alteration, expansion, or replacement will not exceed the building height requirements of the district most closely associated with the subject nonconforming use. The building height in the C-5 District is 35 feet for principal structures; no departure from the height is being requested or recommended for approval, thus the building height requirements will not be exceeded. C. The alteration, expansion, or replacement will not further encroach upon any nonconforming setback. This petition, if approval is granted for the replacement carport, will not cause any encroachment issues. The principal structure was not evaluated for setbacks. d. The alteration, expansion, or replacement will not decrease or further decrease the existing parking areas for the structure. A reduction in parking requirements has neither been sought nor has any action regarding this issue been addressed as part of this petition. e. The alteration, expansion, or replacement will not damage the character or quality of the neighborhood in which it is located or hinder the proper future development of the surrounding properties; and The existing single-family dwelling has existed in its present location since 1962 and it is believed the existing carport has been in place since 1966. The replacement of the existing carport will improve the character and quality of the neighborhood in which it is located without hindering the future development of surrounding properties. f. Such alteration, expansion, or replacement will not present a threat to the health, safety, or welfare of the community or its residents. The existing carport is in a dilapidated condition; allowing for the replacement of said carport will reduce threats to health, safety, and welfare. NUA-PL20220004583 — 326 Alachua St January 9, 2023 Page 5 of 6 Packet Pg. 481 3.E.a NEIGHBORHOOD INFORMATION MEETING (NIM): A NIM is not required for a Nonconforming Use Alteration. CONCURRENT LAND USE APPLICATIONS: There are no concurrent land use applications under review at present. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition NUA- PL20220004583 subject to the following conditions: 1. The scope of this NUA is limited to the replacement of a 19.5-foot by 20.55-foot carport, and 2. A building permit must be applied for and obtained for both the demolition of the existing carport as well as for the construction of the new carport. Attachments: A. Site and Construction Plans B. Property Card C. Building Permit No. 61-3557 D. Building Permit No. 66-611 E. Plat Map — Newmarket, PB 1 PG 104-105 F. Public Hearing Sign Posting G. Applicant's Application and Backup Material NUA-PL20220004583 — 326 Alachua St January 9, 2023 Page 6 of 6 Packet Pg. 482 3.E.b GENERAL NOTES INDEX TO DRAWINGS ARCHITECTURAL ITS SINGLE FAMILY RESIDENCE ABME NOTES - E, u° u, ..af= "� o E NEW ALUMINUM CARPORT SFRDPosEDHDDFPANPANELPaH F-1. :-1.11-11..1."� 326 ALCHUA ST, IMMOKALEE, FLORIDA 34142 STRUCTURAL NOTES: APPLICABLE CODES ' EDITION OD20) FLORIDA BUILDING CO DES ON(—D)FL RESIDENTIAL 2020 STANDARD NATIONAL ELECTRICAL CODE PROJECT INFORMATION ALLOWED PROVIDED OCCUPANCVI CLASSIFICATION RESIDENTIAL RJ CONS- CTION: TYPE V(B). BUILDING AREA: TOTAL UNDER ROOF: 1.-.00 SF. HEIGHT OF BUILDING: TORIES. 11'-0- MAIN HEIGHT OF ROOF �FBUIL LO DINZHE:HEIGH ING 1AHTORY PROVIDED - DESIGN CRITERIA: BASIC WIND SPEED: 170 MPH WIND IMPORTANCE FACTOR(1w): 10 BUILDING CATEGORY: LOW-RISE BUILDING. ENCLOSED EXPOEURECATEGORY: B Digitallysignedbybi—R.Gutierrez o Jaime R. Gutierrez Dzte: 2022.01.0417:52:14-05'00' S 45°54 "5C0" E 140.00" (P) LOT - 43 ,J ,,LL E I4d.0d" (N.) METAL FENCE FIND 5/6' 0.15"S. $ 4$D52 36" E 139"95" (M) BLOCK - 53 METAL OBOFENCN. I.R.(NO FND SIS' I.R.INOI E 4 9 ) . .) 1.85"W 1.05'W. aC ].5'BUILDING SET BAC } NE PER COLLIER COUNTYp `. 0 o ah WORK AREA 401.00SOFT 2000' V 0 ENTRY :ri y j 16.00 SOFT 400' I�1 F.F 13' — — 0 W W 1e.55' 4_. SINGLE FAMILY RESIDENCE a o s U O CV O � O O D #326 ;; o � NEW ALUMINUM F.F.E.=34.01 "N.A.V.D. ui to G V L I � CARPORT I w l 401.00 SO FT F.F.E.=33.00' = LIVING 1,054.00 SO FT o® _ j y I W W Ln Z zo6 ss °.ss' m 25.91" w Z w a o r\ olp WATER METER _ � M n PIN cNi LOT 40 TH U 42 _ 15" BUILDING SET BACK L NE PER COLLIER COUNTY LOCK - 53 Jaime R. Gutierrez Dlgi.IIyMg-dbylaime R.GuN.-z Dale: 2022.01.041 ]:52:29-05'00' L SITE PLAN SCALE: 3116-=1 "-0" FIND "' I.R.(NO I.D.) FENC 0.-N. FI.R.INND O P I.D.) S 45057 43" E 140.11 " (M) LOT -39 BLOCK - 53 NEW AREA SUMMARY PROPER ADDRESS: AREA RDM— UNIN. AREA FT PA ELA roE+:lNU. ME. lAZT A.. OOF a so FP`T P Acecsi o°aol ro WORK AREA 401. 00 SQ FT ENTRY m 16.00 SQ FT 4.00' I� F.F.E.=33.00' o 0 v 16.55' 4.00' CARPORT u� 401.00 SQ FT F.F.E.=33.00' E� 20.55' EXISTING BOUNDARY 20.55' 7 9.0' SINGLE FAMILY RESIDENCE oNcSLA #326 073.00 SQ Fj CD F.F.E.=34.01'N.A.V.D. 7 0 O ILIVING o 1,054.00 SQ FT o 40.55' 1"� a 12 F— L i 1-1 1 1-1 EXISTING ROOF PLAN 3.E.b EXISTING AREA SUMMARY AREA SUMMARY TOTAL A/C LIVING AREA: 1,054.00 SOFT ENTRY: 16.00 SO FT - ?, CARPORT: 401.00 $O FT NON A/C LIVING: 417.00 SOFT p LL:xgy9 TOTAL UNDER ROOF: 1,471.00 SOFT s3 CONIC. SLAB: 73.00 SO FTPROPER- $p ADDRESS US a L $gg a� LO cC O 5 O a o V m z O z U S. RE m OEl J ¢ _ i Y w z O s 7 u t GENERAL SCOPE OF WORK: - REPLACE EXISTING ALUMINUM CARPORT Q - REMOVE EXISTING CARPORT. a - INSTALL NEW ALUMINUM COLUMN 4'x4". N - INSTALL NEW ALUMINUM BEAM 2'x8". w M - INSTALL NEW ALUMINUM CARPORT W/ALUMINUM PAN ROOF PANELS ATTACH TO EXISTING HOME. cf a Z S M } c co e 0 N G nor N,1.-0. aI v N to C fC a c 0 u L rn C O C) C cC N N Q aucHua sr, iMMoxuEs, vLosioa aauz. vascELu: saesosaoow vuauCaeCoaos Or CO�uea o0uerwv F�oaooavace(s1 asoirv05 To APPLICABLE CODES: FLORIDA BUILDING CODE 2020 71h EDITION osPEEo.OB DATA rssw,L �ssssusE coEVF�c�EHrs. .o.,a, o`sisHao°seoi 1O ,Es oE�L�: �s uva iaw oeno,suvvosnnc N �Mvs l oosv i.,,l o.,e :� iF,i`r'E� ,s IFrI FF (STING RESIDENC NEW ALUMINUM CARPORT TO REMAIN NEW ALUMINUM CARPORT W/ALUMINUM R� ROOF PANEL W/ALUMINUM P;N ROOF PANEL F.F.E. 3.00' F.F.E. 3.00' CLG dJ 11'-5' 4- x d 2r-o•4' PROPOSED FLOOR PLAN DIMENSIONS PROPOSED FLOOR PLAN NOTES NEW AREA SUMMARY PROPERTY ADDRESS: AREA SUMMARY 326 ALACHUA ST, IMMOKALEE, FLORIDA 34142. TOTAL A/C LIVING AREA: 1,054.00 SO FT PARCEL #: 63866640007 ENTRY: 16.00 SO FT NEW ALUMINUM CARPORT: 401.00 SO FT LEGAL DESCRIPTION: NON A/C LIVING: 417.00 SO FT LOTS 40,41 & 42, BLOCK 53, NEWMARKET SUBDIVISION, ACCORDING TO TOTAL UNDER ROOF: 1,471.00 SO FT THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE(S) 104 & 105, CONC. SLAB: 73.00 SQ FT PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FF TING RESIDI TO REMAIN ULTIMATE DESIGN WIND SPEED: 170 NOMINAL DESIGN WIND SPEED : 132 RISK CATEGORY: 3 IMPORTANCE FACTOR: 1.0 BUILDING OCCUPANCY CLASSIFICATION: RESIDENTIAL BUILDING CONSTRUCTION TYPE: 88 EXPOSURE CATEGORY: C OPENING PROTECTION: IMPACT GLASS INTERNAL PRESSURE COEFFICIENTS: PROTECTION +0.18,-8(ENCLOSED) FLOOR LIVE LOAD: — LIVE, — DEAD ROOF LIVE LOAD: II360 LIVE, U2°0 DEAD (SUPPORTING PLASTER CEILING) THE STRUCTURAL COMPONENTS OD THIS PLAN ARE IN COMPLIANCE WITH THE 7TH EDITION FLORIDA BUILDING CODE, WIND LOAD COMPLIANCE AND ITS RESISTANCE TO GRAVITY AND DESIGN PRESSURES GENERATED BY A WIND VELOCITY OF 170 MPH WI NO VELOCITY (MPH.) 170 IMPORTANCE FACTOR 1.00 EXPOSURE CATEGORY C INTERN AL PRESSURE COEFFICIENT (*r)0.18 MEAN ROOF HEIGHT (FT) 7'-8' BUILDINGWIDTH (FT) 32'-0' BUILDING LENGTH (FT) 61'-0' ROOF SLOPE .12 ENCLOSED STRUCTURE Jaime R. Gutierrez s Pam- $ Mv PROPOSED FROIT ELE-ON I 3.E.b I EXISTING FOUNDATI PLAN TO REMAIN F-1 4"x4' ALUMN. COL. (TYPICAL). NEW ALUMINUM CARPORT W/ ALUMINUM PAN ROOF PANEL F.F.E.=33.00" 4"x4' ALUMN. COL. (TYPICAL). F1 4" 4" PROPOSED FOUNDATION PLAN LEGEND SCALE: 1n"=1'-0' 0 corvc. Paonxc FOOTING SCHEDULE MARK SIZE REINFORCEMENT REMARKS CONCRETE PAD W/ #5d BARS F-1 1'-6e x V-6" x 1W @ 6" O.C. EACH WAY, 3" OFF OF BOTTOM OF FOUNDATION FOUNDATION/GROUND FLOOR NOTES 18161. TERMITE PROTECTION: II ce retreame witty a cnemicel sal imermem, A ,= tummy ePerue construcrien is co My wy m m 9�e—pp.m,-11 .ppyAPpirao ,ane=eeeenamtermivaea snacii pe asrree�q��ty.1� nm commeretl pxorm final miming approval. c ENT IS s 'oNSUSTERRUEnx EwnE NI EMIDULV TiFA,ED say sGE PRGIECIW WI111. aU o�-I--- E.ENTOFnRm.-Ncsna— AFTERCBEDONE1NMSUCN4ANNERASTO-DIDEffEPE�nEninnxCRETE co ulsNRemG Rri61d IFEOLTREATMENf IS USED FOP SUBTERRIW EAx TEPMITE NnON. W NORTE O—OUR OR -- ACcuiuureD ALONG THE --R FOO I —ON PERIr.ETER—sE REI—ED PRIOR TO EXTERIOR C11—WILD TREAT .TO EN CE vERnCAL PENETRATXW OF THE CNE—S. IH.1CKNED EDGE ROOF NOTES 1. THIS BUILDING/STRUCTURE HAS BEEN DESIGNED IN ACCORDANCE WITH TTH EDITION (2020) FLORIDA BUILDING CODE AND SECTION 1609 FOR DESIGN PRESSURES GENERATED BV A DESIGN WIND VELOCITY OF 170 MPH. 22' 0" o� 1' 7" 10'-3' 10'-1' q ALUMINUq FASIA -�� J � ALUMINUIFASIA 1' 7" 10'-3" m Q O 22'-0' PROPOSED PAN ROOF PANEL PLAN SCALE: 1/2" = 1.-0" F XISTING ROOF PLAN TO REMAIN E AIL METAL PAN ROOF PANELS 44 @ WAT,x144" PANELS (ELITE 3in I/LOK SOFT 0.24 W/WRAP 44 @ 3"x12"x144" 484.00 $O FT DETAILS No.1 N.T.S. 4)1 EW (SELF-D uO ING -4"ALUMINUM POST BEAM2ke TUBE DETAILS No.3 N.T.S. 3.E.b sw 4)11C'SC E SELF-oRILU4c - ; BEAM 2 xB TUB y ogle 4'x4" ALUMINUM POST DETAILS No.2 N.T.S. NEW PAN ROOF PANEL BOLLr IPOST SLOPE 1 ROOF PMIELTAINLESS STEE k 0 SE 2-x - SMB BEAM 4'x4'x DETAIL END ROOF N.T.S. HEADER T T 1 Roof Panel BI..M BIB Roll Form Valance 3"Extruded Wall Header - 3"Riser Panel Roll Form Gutter - eale)lotutul IS enyaeiV 9Z£ vnN £85ti000ZZOZ-ld 96VVZ) paeo Ajjadoad - 8 ;uauayaelIV :}uauayaelIV L4 a .r m Y V R J I ` { 3i a �py�I 1 l � 1 St Z1*• 1 I _ v 1 %b �IE I --NAl • I ° ale i V •`� v Y 10111 In � � � ' I � U i aN 1�i. 1 � _ mto 1 ✓t ftD OD ' m ` 19 frT o on LD - Fl1l1l111611i Ml11111 i� 0 I 1 i ,y OIA b. A W �2, lI '' I V Lq M - ealeilou. wl IS enLjaelb' 9Z£ ` nN £SSVOOOZZOZ-ld : 96V-PZ) paeo Apedo.ad - 8 ;uGwLlaeUV :;uawLlaePV k Ni � K d � Fl a N O W a �J = 1 r w W 4 l r W 1 r a m m a 3.E.d AMMATION FOft SU"MING PERMIT ` __--- CotrwCounty, tsorfaa Utility: Ft. Porch Sq: Ft. Car. Porto Sq.. 6. Lots 4). & 42 Sloak 0 other Sq. Ft. too Total Sq. Ft. 1'�a+lt�'7rQi� Estimated. Cost $ Building Permit $ 3alSs� Plumbing Permit $ Electrical Permit $ 89s�� Total Franniaco aohot Owner _Owner's Agent An, H*ritage Frcmee Ire s Architect Contractor ._...— License Number The above application has been examined and is hereby approved subject to the payment of OIW*k as provided by the Collier County Building Code. Payment Received; Ike U. 04baaig Building Official This permit expires if construction is not started within 60 days from date issued. PENALTY: Fee will be doubled if work is started without permit. ti to to M to C Z E L N IL c m V C d E t v M Q C d E t v M Q Packet Pg. 492 cd O.j it ti ,a 0 I 14 oellv z 06 so 13 z L IL cc u Sri 4c bl a ki ow to de 5 w L 0 uj � ri a� am s t•.f�� "". ".r•'il�rr,�i-ro.- *+.t*j�!c'c..: "''''#td14U! .. ,APPLICATION FOR BUILDING PERMIT COLLIER COUNTY, FLORIDA Permit Number 6"11 Date 7/13/66 Name of Owner Fmcism Ochoo Phone Address p• ©• Box 537, kffftkalsa Architect Contractor Address Address 1021 Caps Cawl Parkway Lot 44w'W Block W Unit Subdivision NtWAgAKF.tI UJ W If no record plat, metes & bounds: s u W J Permit to (Build -Alter -Repair -Move) CBS ADDITION u Z Size. 12 x Height 10 No. of Stories 1 m A copy of the approved plans and specifications shall be kept at the building site during construction. Zoning C-3 Building or Structure will fac 50 feet from East line z 7 feet from South line c 37 feet from West line N 11 feet from North line Central Sewer Yes. z Name Sewer Co. Central Water Yea. Well Name Water Co. I Garbage Disposal Yes No. Floor Space ?AO Utility Sq. Sq. Feet Feet Porch Sq. Feet Car Porte Sq. Feet Other Sq. Feet Total Sq. Feet Estimated Cost $ Building Permit $ 9.00 Electrical Permit $ Plumbing Permit $ Septic Tank $ Total $ 10M PLOT PLAN Sanitarian Septic Tank No. mahl ee fall Plumbing stub to be The above ap l'cation has been examined and is hereby subject to the payment of $ 10.50 by O Ck, as provided by the Collier County Building Code. Payment Received: Carl A C14MMM Building Official This permit expires if work is not started within 60 days from date issued, Per- mit void if zoning classification is violated. This use must not change to any other use without a new permit from the Zoning Director. Fee will be doubled if work is started without a permit. Packet Pg. 495 W *� i ryL ; a V am F • ' 4 iiL ca 00 ,C6 4 w �i F W M dr a I Van q!pw h 1!5 6 F Al n - 1z: 331 -M j Elm MOO .1 2 3 809333HO A; SvIl "I . 'Sill! -7; q m�oR.-Ha. M. 0/ A 1F o� nss�aa m• i N �z �E^m >' mPH :. RUH s _ -'' •p •q''a PSG d! �II S I�S $.'98o aofl yobop i 3.E.g From: KellyJohn Sent: Thursday, January 26, 2023 3:04 PM To: KellyJohn Subject: NUA-PL20220004583 - 326 Alachua St - 3rd Public Hearing Sign Posted on 01/26/2023 Attachments: 536D1C5A-2947-4CBA-B08E-B30CE8E21E92.jpeg; D57A2E1C-0129-4E5B- A7AB-65F39A9446DE.j peg I, John Kelly, personally replaced the previously posted Public Hearing Sign with a new one to correctly reflect the new time and venue for said public hearing, the Growth Management Building — 609/610 at 9:00 A.M., at approximately 12:50 P.M. this date. Said sign was posted to the front of the subject property, immediately adjacent to the public right-of-way, as evidenced by the attached photos. Respectfully, John Yeffy Planner II Zoning Division - Zoning Services Section 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.5719 Fax: 239.252.6363 Email: John.Kelly@colliercountvfl.gov TO us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning Co1.L7er County Growth Management Department Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Pg. 500 �F UN r� I .� Y1 ♦ i�M 4. . Y+� Aubm monk S goo W4& • 1 John Kelly, Planner fl: • ii ,fit '�� � ��.�' �( I � `' "Jlt h/• � _ � . rt • e '� _ �..,u..y. �. 3.E.g From: KellyJohn Sent: Wednesday, January 18, 2023 5:13 PM To: KellyJohn Subject: NUA-PL20220004583 - 326 Alachua St - 2nd Public Hearing Sign Posted on 01/18/2023 Attachments: 23F43B32-84EF-498C-A634-D51DE2D7E4E8.jpeg; 12DF3561-470B-4D15- 8822-D5F53EO351B1.jpeg I, John Kelly, personally replaced the previously posted Public Hearing Sign with a new one to correctly reflect the new time and venue for said public hearing; The Collier County Government Center — 5th Floor at 1:00 P.M., at approximately 2:20 P.M. this date. Said sign was posted to the front of the subject property, immediately adjacent to the public right-of-way, as evidenced by the attached photos. Respectfully, John Yeffy Planner II Zoning Division - Zoning Services Section 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.5719 Fax: 239.252.6363 Email: John.Kelly@colliercountvfl.gov TO us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning Co1.L7er County Growth Management Department Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Pg. 502 low. vop iloA mle� -nor*- �_% i 7A 3.E.g From: KellyJohn Sent: Friday, January 6, 2023 2:07 PM To: KellyJohn Subject: NUA-PL20220004583 - 326 Alachua St - Public Hearing Sign Posted on 01/06/2023 Attachments: 56584F60-938F-4D50-9B02-F5B36EF7F6EA.jpeg; A080E6F9-477C-4402-A700- 277E898B5324.jpeg; 067A2C42-B7F9-46E9-A371-9F365954E9CD.jpeg I, John Kelly, personally posted a Public Hearing Sign for the above referenced petition, scheduled for hearing by the Hearing Examiner on January 26, 2023, at approximately 12:30 PM this date. Said sign was posted to the front of the subject property, immediately adjacent to the public right-of-way, as evidenced by the attached photos. John Yeffy Planner II Zoning Division - Zoning Services Section 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.5719 Fax: 239.252.6363 Email: John.Kelly@colliercountvfl.aov TO us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZonin Coer County Growth Management Department Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Pg. 504 4h i}M '-ZrAr j� y r y c r j i a., <:s�"h � r �•� � '- r i `, 4� a � Y : !� � r ,� � ! : " 9'!',. ; '�' p 'y"ey '� k'��wa ,� r Fru}`�r• �i�`�? 'r � �y af: � ��`y� �r •pc-� y �` . r� y ="� •1�ts t � rA 7�.�. t I�A �sr w.n f r "" ..�_. ..� .,, .ter« .a1lirr•� �. � ,�,. ,,� ''� P. :wR�o � .T a �ws. "'��'' .4.� ' � �'p(��+ �t' K: � - ?i. f3 - � 4Y • �', -1�' �+p f •_ � � 4 F S f 4 _.�� Lµ..: yn .�,1 � ;'!s t`�,p•R'F �h•� �. j?��°�{�p�'�1� "' t��•. ''�: i Ar��"�-7!` • ,-J, Nq a Zt ,j •u f 1 y,'�' �w. � f+Rl}�` � J,�,+1' � yt � � _ .+ l �+ 2. S •'r.k.1y;���'�•� M . y�•. '� .y�f � Via► 4 - ~ - - f �' ..:: 1... Yam- W OW. Fl �- ��'- ��.� / '� % fit^ ' Y ��' _ •� • ai1..� 77 : ""'".�. �-'r'. --�� '�'� i •. . � `�. _ , - .. 3.E.h 1 CC) 7CT'' C014ntiy Grovrth Wrrrxr-nent De-irt-nent 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAQ(: (239) 252-6358 NON-CONFORPOING USE ALTERATION (NUA) PETITI l LD w�-Ai n 9.0;ii,G,0 PROJECT NO (PL) PROJECT NAME DATE PROCESSED To be completed by staff l_ .APPLICANTIC NTACT INFORIM€4TION ................ Name of Property Owner(s): _Z'2.-)1-s, 5, Name of Applicant If different than owner: Address: (JZ62,-57' Cif Telephone:Cell: - tf-zacrYl�'r�/ram State: -- / ZIP: i Z. ' 317 Zr'C„ x3ii Z Fax: E-Mail Address: Z J Name of Agent: Firm: zig Address: fps ECity: State,=/ ZIP: iz Telephone: Ceti: ISf ���.� Fax: E-Mail Address: Z3 I _ PROPf RTYINFORiVIA7ION I Property I.D. Number: 1�38,�(� 7. Section/Township/Range: -t7 / Z F Subdivision: _' d 'Unit: Lot: � Block:.- . Metes & Sounds Description: # of Acres: Address of Subject Property: 4/9/2D19 Page 1 of 3 Packet Pg. 507 3.E.h Coder County Growth Managen-ent Departmerit 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-5358 ZONIING INFORMATION Current Zoning and Land use of Subject cent Information: Zoi N - Si S - S E w rcel• FVAIJUATI N CRITERIA Land Use Pursuant to LDC section 9.03.03.13, sta s analysis and recommendation to the Office of the Hearing Examiner shall be based upon consideration of the applicable criteria noted below. On a_separate sheet attached to the application, provide a narrative statement describing the Nonconforming Use Alteration with specific reference to the criteria noted below. Include any backup materials and documentation ins pport of the request. 1. The alteration, expansion, or replacement will no increase the density of the parcel or lot on which the nonconforming single-family dwelling, duplex, or mobile home is located; 2. The alteration, expansion, or replacerent will not exceed the building height requirements of the district most closely associated ith the subject nonconforming use; 3. The alteration, expansion, or replace ent will not further encroach upon any nonconforming setback; 4. The alteration, expansion, or replace ent will not will not decrease or further decrease the existing parking areas for the structuT S. The alteration, expansion, or replace ent will not damage the character or quality of the neighborhood in which it is locate or hinder the proper future development of the surrounding properties; and 6. The alteration, expansion, or repla+ welfare of the community or its res 4/9/2019 nt will not present a threat to the health, safety, or Page 2 of 3 Packet Pg. 508 3.E.h Colder County G vAh Managerr"tt Department 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and inal .Submittal Requirement Checklist for: Nr�n-Conf�rming Use Alteration The following Submittal Requirement Checkli t is to be utilized during the Pre -Application Meeting and at time of application submittal. At time of sub ittal, the checklist is to be completed and submitted with the application packet. Please provide the s ibmittal items in the exact order listed below, with cover sheets attached to each section. Incomplete ubmittals will not be accepted, REQUIREMENTS FOR RE IEiA.' { i s REQUIRED NOT RI:QtlfRE€) Completed Application 1 Pre -Application meeting notes/minutes 1 Aerial Photograph 1 Coml2leted Addressing,Checklist 1 Affidavit of Authorization signed and notarize1 Site Plan drawn to scale 1 ❑ Narrative statement covering the nature of pe ition 1El Proof of ownership or interest in property, deed or contract to purchase 1 Electronic Copies of all documents and plans *Please advise: The Office of the Hearing Exanliner requires all materials to be submitted electronically in PD format. ADDITIONAL REQUIREMENTS FOR THE PUOLIC HEARING PROCESS: Fallowing the completion of the revie process by County review staff, the applicant shall submit all materials electronically to th designated project manager. Please contact the project manager to onfirm the nun)§er of additipnal copies required. i "_ APP r� ✓ jFi,Q, I� FEE REQUIREMENTS: ,"' Non -conforming Use Alteration Pet Estimated Legal Advertising Fee for All checks payable to: Board of County is $1,500.00 Office of the Hearing Examiner: $1,125.00 The completed application, all required submitt I materials, and the permit fee shall be submitted to: Growth Management epartment / Planning & Zoning ATTN: usiness Center 2800 North Horseshoe Drive FL 34104 Applicant,Ag Z Signature Printed Name 4/9/2019 /1 3. 2oZZ. Date Page 3 of 3 Packet Pg. 509 3.E.h Lien C=Depatnent ty Gr anger te ADD SSING CHECKLIST Please complete the following and email to GMD_Addrttsing@colliercountyfl.gov or submit in person to the Addressing Section at the address listed below. This form must be signed b ddressing personnel prior to the pre -application meeting. Please allow 3 business days for processing. tr Not all items will apply to every project. Items in bold �te required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than b months will require additional review and approval b t Addressing Section, PETITION TYPE (Indicate type below. Complete a separa* 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) LEGAL DESCRIPTION of subject property or properties FOLIO (Property ID) Number(s) of above (attach to, or 7. ❑ SDP (Site Development Plan) Q ❑ SDPA (SDP Amendment) Z ❑ SDPI (insubstantial Change to SDP) M ❑ SIP (Site Improvement Plan) c ElSIPI (insubstantial Change to SIP) o N ❑ SNR (Street Name Change) c ElSNC (Street Name Change — Unpiatted) a El TOR (Transfer of Development Rights) ❑ VA (Variance) v ❑VRP (Vegetation Removal Permit) PIL ❑VRSFP (Vegetation Removal & Site Fill Permit) Uv(THER y d) R of lengthy description may be attached) �u/0Ch 3 T47, R29, S03 m late with, legal description if more than one) .a c r O STREET ADDRESS or ADDRESSES (as applicable, if alreadV ssigned) o 2 a a • LOCATION MAP must be attached showing exa location of project/site in relation to nearest public road right-of-way tan • SURVEY co y p p ) M (copy needed for un tatted prop rties M U CURRENT PROJECT NAME (if applicable) CL a PROPOSED PROJECT NAME (if applicable) d r9 E z PROPOSED STREET NAMES (if applicable) r r Q SITE DEVELOPMENT PLAN NUMBER (for existing projects sites only) SDP or AR or PL # Addressing Checklist (Rev 12/2021) Page 1 of 2 Q Operations & Regulatory Management Division a 21 00 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.willarcmDW.gov Packet Pg. 510 3.E.h Project or development names proposed for, or already proposed or existing) Please Return Approved Checklist By: [+ cmail Applicant Name: Phone: .. Z.EJ2 _ /i-/ Email:-9 Signature on Addressing Checklist does not constitute the Operations Division. FOR STAFF USE ONLY Folio Number Folio Number Folio Number Folio Number Folio Number Folio Number 63866640007 Approved by:, Updated by: County merit Departmer►l in, condominium documents (if application, indicate whether ❑Personally picked up r 'ect and/or Street Name approval and is subject to further review by Date: 9/13/2022 Date: IF OLDER THAN 6 �QNTHS, FORM MUST BE UPDATED OR A EW FORM SUBMITTED. Addressing Checklist (Rev 1212021) Page 2 of M 0 M UP O a� d 0 E E co 0 0 t c� Q co N Cl) a z M O O O O O N N O N J a co N Operations & Regulatory Management Division • North Horseshoe Drive • Napies, FL 34104 . 239-252-2400 wwYj offiercounityfigov Packet Pg. 511 INSTR 4955587 OR 5016 PG 3775 RECORDED 3/1#/2014 11:14 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, OLLIER COUNTY FLORIDA DOc@.70 S0.70 REC S18.50 THIS INSTRUMENT PREPARED BY: Thomas K. Boardman THOMAS K. BOARDMAN, P.A. P.O. Box 2197 LaBelle, Florida 33975 FREPARATI( t TRUMENT O Parcel I.D. No.: 63t.."OIM7 THIS INDENTURE, OCHOA, an un-remarried w Immokalee, Florida 34142, to as joint tenants with rights of Immokalee, Florida 34143. WITNESSETH, that the Grantor, ANDNO/100 AND OTHER GOOD AND by the Grantees, the receipt whereof is her the Grantees, their heirs and assigns forevt County of Collier, State of Florida, to -wit Lots 40, 41, and 42, Block 53, Nevi recorded in Plat Book 1, Pages 1 Florida. This conveyance is subject to e well as to taxes for the current TO HAVE AND TO HOLD in And the Grantor does hereby fully warrant same against the lawful claims of all pers, .Y day of March, 2014, between FRANCISCO rr, whose mailing address is 326 Alachua Street, OCHOA, JR., and CYNTHIA O. YZAGUIRRE, ildntees, whose mailing address is F.O. Box 5101, F nsideration of the sum of TEN DOLLARS /tCONSIDERATIONS, to him in hand paid )krt6 .. ed, have granted, bargained, and sold to , the folio diqscribed land, situate, and being in the rket Subdivist t ording to the plat thereof and 105, Pubprdsof Collier County, nts, restrictions, and res ,, t ns of record, as • f a , mple forever. title to said land and, except aitfive, will defend the whomsoever. Packet Pg. 512 *** OR 5016 PG 3776 *** IN WITNESS WHEREOF, the written. Signed and d 11 eyed in the presence of: (Ri M- STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument ri0 - FRANCISCO OCHOA, who is'56 i7L -b L- KIRENSA M. CLARK Rawl Public - Suit of RwWjdj My Coom fq*os Aug 14.2016 ConvAnIN 0 It 1IS"M30 c.%Usc&Public%TXBLAWUMpMftd,AOchoa to Jr wpd has hereunto set his hand the day and year first above FRANCISCO OCHOA wledged before me this. I Pb of March, 2014, by known to me or whoXhas produced ]NPTARY PUP .,LIC jj <"t Name. Packet Pg. 513 3.E.h COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colllereov.ne# CM"ty 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use 3etitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or than es 1n contracts for purchase occur subsequent to the date of application, but prior to the date f the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to subm 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 ant Address % of Ownership h T. iav r�t2, 4 it 2 /c c _ I b. If the property is owned by a COR percentage of stock owned by each Name anc TION, list the officers and stockholders and the % of C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: I Name and Address 1 % of Ownership v Created 9/28/2017 Page 1 of 3 Packet Pg. 514 3.E.h COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net d. if the property is in the name of a general and/or limited partners: Name a County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 or LIMITED PARTNERSHIP, list the name of the % of e. If there is a CONTRACT FOR PURCH SE with an individual or individuals, a Corporation, Trustee, or a Partnership, list the nz rues of the contract purchasers below, including the officers, stockholders, beneficiaries or partners: Name an Address % of Ownership a Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: ame and Address 9. Date subject property acquired ❑ Leased: Term of lease 6 years /months If, Petitioner has option to buy, indi4ate the following: Created 9/28/2017 Page 2 of 3 Packet Pg. 515 3.E.h COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierr,ov.net Date of option: Date option terminates: Anticipated closing date: County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 or ( AFFIRM PROPERT4 OWNERSHIP INFORMATION I Any petition required to have Property Owne ship Disclosure, will not be accepted without this form. Requirements for petition types are located on the 3ssociated application form. Any change in ownership whether individually or with a Trustee, Company or othe interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the pet ion's final public hearing. As the authorized agent/applicant for this petition, 11 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 m iterials, and fees shall be submitted to: Growth Ma iagement Department ATTN Business Center 2800 No th Horseshoe Drive Na Ples. Fl. 34104 //• 3, ZZ Date Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 Packet Pg. 516 3.E.h AFFID"IIT OF AUTHORIZATION FOR PETITION NUMBERS(S) applicable) of under oath, that I am the (choose one) owner name), as 4!�4142CZ. (title, if (company, If applicable), swear or affirm applicant_ contract purchaser _ and that: have full authority to secure the ap roval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this attached hereto and made a part of 1 3. 1 have authorized the staff of Collier for the purpose of investigating and 4 4. The property will be transferred, restrictions imposel by the approves 5. Well authorize _ / lee? < in any matters regarding this petition *Notes. • If the applicant is a corporation, then it is usuall • if the applicant is a Limited Liability Company typically be signed by the Company's "Managir • If the applicant is a partnership, then typically a • If the applicant is a limited partnership, then i partner" of the named partnership. • If the applicant is a trust, then they must includo • In each instance, first determine the applicant use the appropriate format for that ownership. Under penalties of perjury, I declare that I the facts stated in it are true. Signature STATE OF FLORIDA COUNTY OF COLLIER pplication and any sketches, data or other supplementary matter its application are honest and true; County to enter upon the property during normal working hours valuating the request made through this application; and that conveyed, sold or subdivided subject to the conditions and action. to act as our/my representative 1 through 2 above. executed by the corp. pres. or v. pres. _.L.C.) or Limited Company (L.C.), then the documents should Member." artner can sign on behalf of the partnership. e general partner must sign and be identified as the "general the trustee's name and the words "as trustee" status, e.g., individual, corporate, trust, partnership, and then read the foregoing Affidavit of Authorization and that Date The foregoing i strume was acknowleged before me y means of physicajl_Wesence or Ma e no nation this day of Ottef'>'1 e , 20� by (printed na a of owner or qualifier) P� OnLICPJ Jr. Such person(s) Notary Public must check applicable Are personally known to me Has produced a current drivers license Has produced as Notary Signature: U 1 f� 7 ce WCOA-WI M155 REV 3/4/2020 t Plsded Jimenez Notary Public State of Florida CommM HH209631 EmAres 3/28/2025 Packet Pg. 517 3.E.h FOR PETITION NUMBERS(S) applicable) of under oath, that I am the (choose one) own 1. I have full authority to secure the al the referenced property as a resul application and the Land Oevelopm 2. All answers to the questions in this attached hereto and made a part of 3. 1 have authorized the staff of Collie for the purpose of investigating and 4_ The property will be transferred, restrictions Imps by the approve 5. Well authorize nrzOr in any matters regarding this petitioi `Notes: • If the applicant is a corporation, then it is usua • 9 the applicant is a Limited Liability Compenl typically be signed by the Company's Wanagi • If the applicant is a partnership, then typically • If the applicant is a limited partnership, then partner" of the named partnership. • If the applicant is a trust, then they must inclu+ • In each instance, first determine the applicar use the appropriate format for that ownership. Under penalties of perjury, I declare that I the facts st&W in It are temp. i' AUTHORIZATION ime), as iLn.. arcQ. (title, if (company, If a licable), swear or affirm applicant contract purchasermand that: wal(s) requested and to impose covenants and restrictions on any action approved by the County in accordance with this Code; dication and any sketches, data or other supplementary matter application are honest and true; aunty to enter upon the property during normal working hours Iluating the request made through this application; and that nveyed, sold or subdivided subject to the conditions and to act as our/my representative 13 through 2 above. executed by the carp. pres, or v. pres. '.1-C.) or Limited Company (L.C.), then the documents should Member." lartner can sign on behalf of the partnership. e general partner must sign and be ldenif ed as the general the trustee's name and the words "as trustee" : status, e.g., individual, corporate, trust, partnership, and then read the foregoing Affidavit of Authorization and that Date STATE OF FLORIDA COUNTY OF COLLIER Tha °reyoing Instrument �wass a-cknowleged before y means of physical presence or ©online notarization this 0 - day of��.����(, 20 L� by (printed ni in to of owner or qualifier) /ram in /h.a. tl Zadu�r✓� Or Such persons) Notary Ptlglic must check applicable © Are personally known to me Has produced a current drivers license JJ*'Has produced s ide Notary Signature: CFiO"oA-00I m 5l M55 REV 314U20 � :".;RrE, t.AZARA L CHAVEZ * * i".OIIIIIIIeA W $ GG 922726 �orF��� Expires octpber 14, 2on i�menwawas.mMorne.,M,w Packet Pg. 518 3.E.h Narrative — 326 Alachua Street Immokalee The owner of the subject property desires to replace an existing 19.5-foot by 20.55-foot (400.73-square foot) dilapidated carport that is accessory to a single-family dwelling located upon said property. The proposed new carport will be of the same size as that which it is intended to replace and will be both structurally attached to the residence and located within the same footprint as the existing. It has become known to the petitioner that their request must be approved by means of a Nonconforming Use Alteration petition as the existing residence, constructed in 1961, by means of Building Permit No. 61-3557 issued on or about December 20, 1961, is now a legal nonconforming use. The subject property is located within a C-5/AOSD zoning district which no longer recognizes single-family dwellings as a permitted use; however, when constructed, the property was located within an I-C-3 zoning district that allowed said use. Based upon lot size, the most similar zoning district is RSF-3; therefore, the proposed replacement carport will satisfy the following minimum yard requirements: Front Yard — 30 feet, Side Yard 7.5 feet, Rear Yard 25-feet. The building height will not exceed the allowable 35 feet. Packet Pg. 519 3.E.h Evaluation Criteria: 1. The alternation, expansion, or which the nonconforming sing ement will no increase the density of the parcel or lot on ily dwelling, duplex, or mobile home is located. Answer: It will not increase the density 4ince the carport will be the exact same size as what is there. Z. The alterative, expansion, or replac the district most closely associated Answer: It will not be due to it will be 3. The alteration, expansion, or repl setback. Answer: The carport will not be any 4. The alteration, expansion, or re parking areas for the structure. nt will not exceed the building height requirements of the subject nonconforming use. same height as what exist there now. will not further encroach upon any nonconforming r than what we have on the property right now. will not decrease or further decrease the existing Answer: The carport will decrease any frther existing parking; the carport is for 2 cars, and it will the same when originally was build. S. The alteration, expansion, or replac ment will not damage the character or quality of the neighborhood in which it is located r hinder the proper future development of the surrounding properties. Answer: It will not be since it will be a b�tter and more modern structure than is there now. 6. The alteration, expansion, or replacement will not present a threat to the health, safety, or welfare of the community or its residents. 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I 10" "'0' `%` Introduction J Search for Parcels by At Search Results +0 Layers .0 Legend .0 Print T` Ashur PhpWaphy: January - 2021 Urban [GIN] - 2f -2021 Rwal JIGFT] - 202, Rum, €SOFT] m o t v i0 I a� o E CO 7 V cC Q LO N I M a z M 00 LO It O O O N N O N J a Lo o) Packet Pg. 528 3.E.h AMW- ATiOH F t IURMNG PWW County, Morfde Parrnk Nurte6a W7 Napfss, Ft" M"Mb''l' w0 19 8; The undersigned applies for a-permlt to 1;BWd.E� - ALTER - REPAIR - MOVE) CBS bg1 Ing to be Use as tresidoom At or and agrees to conform to all the ordinances in force regtolating the use, building, removing, repel ing or aftering of any building or artucture within the limits of Collier County. A copy of the approved plans and s mcifications shall be kept at the building site during con- struction. Size of Building 2011 x 40V height 20 No. of Stories � Building or structure to be 35 feat from East line, 7*5 feet from South line, OIS feet from West line, l�rl1 feet from North Tina.. The building or structure will face Plot Plan Lobs 4. & ;2 Moak INttosarkeb Fwanalseo 0ahoa Owner Architect The above appiicatlon has been examined ebetk _ as provided by the Col Payment keceived: We W. ofttalg Building Official This permit expires if construction is not PENALTYs Fee will be doubled if work is Floor Space 910 Sq. R. Utility 4 Ft. Porch Sq. Ft Car Porte Sq_ A Other Sq. Ft. Total Sq. ft. Qe40,1*00 Estimated Cost Building Permit ; 3*50 Plumbing Permit $ 5,01 Electrical Permit $ Total $ Owner's Agent AM, >iffrluee Fames Inc* Contractor License Number �d is hereby approved subject to the payment of ; County Building Cork. within 60 days from date issued. without permit. Packet Pg. 529 3.E.h .NATIONAL F. ELEVATIO INS 2 D INSURANCE PROGRAM CERTIFICATE AND UCTIONS 9 EDITION Packet Pg. 530 3.E.h U.S. DEPARTME 1961 GOLDEN GATE BLVD E Federal Emei National ELEVATION OMB No. 1660-0008 Expiration Date: November 30, 2022 OF HOMELAND SECURITY icy Management Agency id Insurance Program FICATE AND INSTRUCTIONS t Reduction Act Notice Public reporting burden for this data collection is estimat d to average 3.75 hours per response. The burden estimate includes the time for reviewing instructions, searching existing data urces, gathering and maintaining the data needed, and completing and submitting this form. You are not required to respond o this collection of information unless a valid OMB control number is displayed on this form. Send comments regarding the 3ccuracy of the burden estimate and any suggestions for reducing the burden to: Information Collections Management, Depar ment of Homeland Security, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20742, Paperwork Rc duction Project (1660-0008). NOTE: Do not send your completed form to this address. Act Statement Authority: Tide 44 CFR § 61.7 and 61.8. Principal Purpose(s): This information is being collectep for the primary purpose of estimating the risk premium rates necessary to provide flood insurance for new or substantially improv d structures in designated Special Flood Hazard Areas. Routine Use(s): The information on this form may be diclosed as generally permitted under 5 U.S.C. § 552a(b) of the Privacy Act of 1974, as amended. This includes using this informal on as necessary and authorized by the routine uses published in DHSI FEMA-003 — National Flood Insurance Program Files System or Records Notice 73 Fed. Reg. 77747 (December 19. 2008); DHS/ FEMA/NFIP/LOMA-1 — National Flood Insurance Progra (NFIP) Letter of Map Amendment (LOMA) System of Records Notice 71 Fed. Reg. 7990 (February 15, 2006); and upon written request, written consent, by agreement, or as required by law. Disclosure: The disclosure of information on this form is voluntary; however, failure to provide the information requested may result in the inability to obtain flood insurance through the National Flood Insurance Program or the applicant may be subject to higher premium rates for flood insurance. Information will only be released as permitted by law. Purpose c The Elevation Certificate is an important administrative provide elevation information necessary to ensure com the proper insurance premium rate, and to support a rf based on fill (LOMR-F). The Elevation Certificate is required in order to properly of the Flood Insurance Rate Map (FIRM), located in flo BFE), AR, ARIA, ARIAE, ARIA1—A30, ARIAH, and ARIA the building is being rated under the optional Post -FIRM As part of the agreement for making flood insurance ava management regulations that specify minimum requirem to obtain the elevation of the lowest floor (including be record of such information. The Elevation Certificate pros floodplain management ordinance. Use of this certificate does not provide a waiver of the 1 Federal Emergency Management Agency (FEMA) can e to require the purchase of flood insurance. However, th LOMAILOMR-F has been issued by FEMA. The Elevatic floor and lowest adjacent grade elevations certified by a LOMA or LOMR-F request. A LOMA or LOMR-F requ package, whichever is appropriate. This certificate is used only to certify building elevations residential buildings can be floodproofed up to or above has been designed and constructed to be watertight (si residential buildings is not permitted under the NFIP floodproofed basements. The community must adopt s FEMA will grant a basement exception. For both floodpr communities that have been granted an exception by FE Additional guidance can be found in FEMA Publication FEMA's website at httos:I/www.fema.aovlmedia-librarvta the Elevation Certificate of the National Flood Insurance Program (NFIP). It is to be used to -e with community floodplain management ordinances, to determine ;t for a Letter of Map Amendment (LOMA) or Letter of Map Revision Post -FIRM buildings, which are buildings constructed after publication insurance Zones Al A30, AE, AH, A (with BFE), VE, V1—V30, V (with The Elevation Certificate is not required for Pre -FIRM buildings unless )d insurance rules. )le in a community, the NFIP requires the community to adopt floodplain s for reducing flood losses. One such requirement is for the community nent) of all new and substantially improved buildings, and maintain a rs a way for a community to document compliance with the community's od insurance purchase requirement. Only a LOMA or LOMR-F from the end the FIRM and remove the Federal mandate for a lending institution lending institution has the option of requiring flood insurance even if a Certificate may be used to support a LOMA or LOMR-F request. Lowest irveyor or engineer will be required if the certificate is used to support a ;t must be submitted with either a completed FEMA MT-EZ or MT-1 A separate certificate is required for floodproofing. Under the NFIP, non - he Base Flood Elevation (BFE). A floodproofed building is a building that )stantially impermeable to floodwaters) below the BFE. F000dproofing of finless FEMA has granted the community an exception for residential 3ndards for design and construction of floodproofed basements before ofed non-residential buildings and residential floodproofed basements in IA, a floodproofing certificate is required. i7-1, Floodplain Management Bulletin: Elevation Certificate, available on FEMA Form 086-0-33 (12I19) Repla�s all previous editions. Packet Pg. 531 F3.E.h771 U.S. DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency E pirrabMS on1Da a November 30, 2022 National Flood Insurance Program ELEVATION CERTIFICATE Important: Folli w the instructions on pages 1-9. O Copy all pages of this Elevation Certificate and all attachments for (1) community official, (2) insurance agent/company, and (3) building owner, a��i SECTION A — PROPERTY INFORMATION FOR INSURANCE COMPANY USE Al. Building Owner's Name Policy Number: OCHOA JR, FRANCISCO, CYNTHIA O YZAGUIRRE A2. Building Street Address (including Apt., Unit, Suite, an for Bldg. No.) or P.O. Route and Company NAIC Number: Box No. 326 ALACHUA ST City State ZIP Code IMMOKALEE Florida 34142 A3. Property Description (Lot and Block Numbers, Tax Pa cel Number, Legal Description, etc.) Legal: NEWMARKET SUBD BLK 53 LOTS 40 THRU 42; Parcef No: 6386 i640007 A4. Building Use (e.g., Residential, Non -Residential, Addit on, Accessory, etc.) RESIDENTIAL A5. Latitude/Longitude: Lat. 26° 25' 23,12^ N Lon . 81' 24' 54,56" W Horizontal Datum: ❑ NAD 1927 x❑ NAD 1983 A6. Attach at least 2 photographs of the building if the Cer ificate is being used to obtain flood insurance. AT Building Diagram Number 8 A8. For a building with a crawlspace or enclosure(s): a) Square footage of crawlspace or enclosure(s) 1054.03 sq ft b) Number of permanent flood openings in the crawls ace or enclosure(s) within 1.0 foot above adjacent grade 10 c) Total net area of flood openings in A8.b 140. sq in d) Engineered flood openings? ❑ Yes ❑x No A9. For a building with an attached garage: a) Square footage of attached garage N!, k sq ft b) Number of permanent flood openings in the attach( d garage within 1.0 foot above adjacent grade NIA c) Total net area of flood openings in A9.b NIA sq in d) Engineered flood openings? ❑ Yes ® No SECTION B — FLOOD INSURANCE RATE MAP (FIRM) INFORMATION B1. NFIP Community Name 8 Community Number B2. County Name B3. State COLLIER COUNTY UNINCORPORATED AREAS & 120067 COLLIER COUNTY FLORIDA B4. Map/Panel B5. Suffix B6. FIRM Index B7. FIRM Panel B8. Flood B9. Base Flood Elevation(s) Number Date Effective! Zone(s) (Zone AO, use Base Flood Depth) Revised Date 12021C0145 H 05/16/2012 05l1612012 AH 34' B10. Indicate the source of the Base Flood Elevation (BF ) data or base flood depth entered in Item 139: ❑ FIS Profile 0 FIRM ❑ Community Determined ❑ Other/Source: B 11. Indicate elevation datum used for BFE in Item 139: NGVD 1929 0 NAVD 1988 ❑ Other/Source: B12. Is the building located in a Coastal Barrier Resource 5 System (CBRS) area or Otherwise Protected Area (OPA)? ❑ Yes 0 No Designation Date: ❑ CB S ❑ OPA en+im corm 066-U-33 (i2M9) Repla s all previous editions. Packet Pg. 532 3.E.h ELEVATION CERTIFICATE OMB No. 1660�0008 Expiration Date: November 30, 2022 IMPORTANT: In these spaces, copy the corresponding in formation from Section A. FOR INSURANCE COMPANY USE Building Street Address (including Apt., Unit, Suite, andlor BI Jg. No.) or P.O. Route and Box No. Policy Number: 326 ALACHUA ST City State ZIP Code Company NAIC Number IMMOKALEE Florida 34142 SECTION C — BUILDING ELEVATION INFORMATION (SURVEY REQUIRED) C1. Building elevations are based on: ❑ ConstructionDrawings* ® Building Under Construction' ❑ Finished Construction "A new Elevation Certificate will be required when con truction of the building is complete. C2. Elevations —Zones Al—A30, AE, AH, A (with BFE), V , VI--V30, V (with BFE), AR, ARIA, ARIAE, AWA1--A30, ARIAH, AR/AO. Complete Items C2.a—h below according to the buildin 3 diagram specified in Item A7. In Puerto Rico only, enter meters. Benchmark Utilized: F 533 Vertical Datum: NAVD 1988 Indicate elevation datum used for the elevations in ite s a) through h) below. ❑ NGVD 1929 ❑x NAVD 1988 ❑ Other/So rce: Datum used for building elevations must be the same s that used for the BFE. Check the measurement used. a) Top of bottom floor (including basement, crawlspac e, or enclosure floor) 34.01 g] feet ❑ meters b) Top of the next higher floor NIA ❑ feet ❑ meters c) Bottom of the lowest horizontal structural member (V Zones only) N/A ❑ feet ❑ meters d) Attached garage (top of slab) NIA ❑ feet ❑ meters e) Lowest elevation of machinery or equipment servic ng the building 37.40 (Describe type of equipment and location in Comments) © feet ❑ meters f) Lowest adjacent (finished) grade next to building (L AG) 31.78 EZ feet ❑ meters g) Highest adjacent (finished) grade next to building ( AG) 31.94 ❑x feet ❑ meters h) Lowest adjacent grade at lowest elevation of deck or stairs, including structural support NIA ❑ feet ❑ meters SECTION D — SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION This certification is to be signed and sealed by a land sure yor, engineer, or architect authorized by law to certify elevation information. 1 certify that the Information on this Certificate represents y best efforts to interpret the data available. 1 understand that any false statement maybe punishable by tine or imprisonment and r 18 U.S. Code, Section 1001. Were latitude and longitude in Section A provided by a licensed land surveyor? ® Yes ❑ No ❑ Check here if attachments. Certifier's Name icense Number SAMUEL J.A TRAVIESO L.S.7255 `,``������`t�tt' !. A. r�tz Title P.S.M 4�`•,J�� 2 �. `terse Nu�6/I.- romw LS7255 O Company Name FOUNDIT LAND SERVICES CORP.110 I STATE OF C> V,,FLORIDA Address 1764 44th Terrace SW Fill urvey01 ��+~ City State ZIP Code NAPLES lorida 34116 Signature Digitally signed bySAMUEL JAA ate Telephone Ext. SAMUEL J.A. TRAVIESO TRAmso oate:2021.12.01 t6:39:20-05'00' 1/29/2021 (754) 368 2816 Copy all pages of this Elevation Certificate and all attachmen for (1) community official, (2) insurance agenticompany, and (3) building owner. Comments (including type of equipment and location, per 2(e), if applicable) 1. CROWN OF THE ROAD ELEVATION = 32.94' 2. ORDER No. P0713 3. LOWEST EQUIPMENT SERVICING THE UNIT IS THE A/C CONDENSER UNIT LOCATED ON THE SOUTH EAST SIDE OF THE BUILDING 0 0 t O a� d M 0 E E u) 0 0 t M Q to N M Q Z M Co LO 0 0 0 N N 0 N J IL to o> N FEMA Form 086-0-33 (12/19) Repla es all previous editions. Packet Pg. 533 3.E.h ELEVATION CERTIFICATE OMB No. 1660-0008 Expiration Date: November 30, 2022 IMPORTANT: In these spaces, copy the corresponding Inormation from Section A. FOR INSURANCE COMPANY USE Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No, Policy Number: 326 ALACHUA ST City State ZIP Code Company NAIC Number IMMOKALEE Floridi 34142 SECTION E — BUILDING ELEVA ION INFORMATION (SURVEY NOT REQUIRED) FOR ZONE AO AND ZONE A (WITHOUT BFE) For Zones AO and A (without BFE), complete Items Ei—E5. f the Certificate is intended to support a LOMA or LOMR-F request, complete Sections A, B,and C. For Items El—E4, use natural grade, if available. Check the measurement used. In Puerto Rico only, enter meters. E1. Provide elevation information for the following and cheel. the appropriate boxes to show whether the elevation is above or below the highest adjacent grade (HAG) and the lowest adjacent grade (LAG). a) Top of bottom floor (including basement, crawlspace, or enclosure) is ❑ feet ❑ meters ❑ above or ❑ below the HAG. b) Top of bottom floor (including basement, crawlspace, or enclosure) is ❑ feet ❑ meters❑ above or E] below the LAG. E2. For Building Diagrams 6-9 with permanent flood openin js provided in Section A Items 8 and/or 9 (see pages 1-2 of Instructions), the next higher floor (elevation C2.b in the diagrams) of the building is ❑ feet ❑ meters ❑ above or ❑ below the HAG. E3. Attached garage (top of slab) is ❑ feet ❑ meters ❑ above or ❑ below the HAG. E4. Top of platform of machinery and/or equipment servicing the buildingis ❑feet ❑meters ❑above or ❑below the HAG. E5. Zone AO only: If no flood depth number is available, is t ie top of the bottom floor elevated in accordance with the community's floodplain management ordinance? ❑ Yes ❑ No ❑ Unknown. The local official must certify this information in Section G. SECTION F — PROPERTY OWNER { DR OWNER'S REPRESENTATIVE) CERTIFICATION The property owner or owner's authorized representative wh completes Sections A, B, and E for Zone A (without a FEMA-issued or community -issued BFE) or Zone AO must sign here. The statements in Sections A, B, and E are correct to the best of my knowledge. Property Owner or Owners Authorized Representative's Nar ie Address City State ZIP Code Signature Date Telephone Comments ❑ Check here if attachments. W 0 t O d m cs 0 E E to t cs Q m N M Q M Z M 00 LO v 0 0 0 N N 0 N J a rn V Iq N mmm rorrn udt-V-33 (idy) Repla es all previous editions. Packet Pg. 534 ELEVATION CERTIFICATE 3.E.h OMB No. 1660-0008 Expiration Date: November 30, 2022 IMPORTANT: In these spaces, copy the corresponding Inf armation from Section A. FOR INSURANCE COMPANY USE Building Street Address (including Apt., Unit, Suite, and/or BI g. No.) or P.O. Route and Box No. Policy Number: 326 ALACHUA ST City State ZIP Code Company NAIC Number IMMOKALEE Florid 34142 SECTION G — COMN UNITY INFORMATION (OPTIONAL) The local official who is authorized by law or ordinance to adi ninister the community's floodplain management ordinance can complete Sections A, B, C (or E), and G of this Elevation Certificate. Complete the applicable item(s) and sign below. Check the measurement used in Items G8—G10. In Puerto Rico only, enter meters. G1. ❑ The information in Section C was taken from other documentation that has been signed and sealed by a licensed surveyor, engineer, or architect who is authorized by law to c edify elevation information. (Indicate the source and date of the elevation data in the Comments area below.) G2 ❑ A community official completed Section E for a bui ding located in Zone A (without a FEMA-issued or community -issued BFE) or Zone AO. G3. ❑ The following information (Items G4—G10) is provi ed for community flood plain management purposes. G4. Permit Number G5. Date P rmit Issued G6. Date Certificate of Compliance/Occupancy Issued G7. This permit has been issued for: ❑ New Const uction ❑ Substantial Improvement G8. Elevation of as -built lowest floor (including basement) of the building: ❑ feet ❑ meters Datum G9. BFE or (in Zone AO) depth of flooding at the building s te: ❑ feet ❑ meters Datum G10. Community's design flood elevation: ❑ feet ❑ meters Datum Local Official's Name Title Community Name Telephone Signature Date Comments (including type of equipment and location, per C (e), if applicable) LEFT SIDE VIEW oaraanl ❑ Check here if attachments. FEMA Form 086-0-33 (12/19) Repl ces all previous editions. Packet Pg. 535 3.E.h BUILDIN PHOTOGRAPHS OMB No, 1660-0008 ELEVATION CERTIFICATE See In tructions for Item A6. Expiration Date: November 30, 2022 IMPORTANT: In these spaces, copy the corresponding in rmation from Section A. FOR INSURANCE COMPANY USE ca Building Street Address (including Apt., Unit, Suite, and/or BI(g. No.) or P.O. Route and Box No. Policy Number: 326 ALACHUA ST O City State ZIP Code Company NAIC Number y IMMOKALEE Florida 34142 cu 0 If using the Elevation Certificate to obtain NFIP flood i surance, affix at least 2 building photographs below according to the E instructions for Item A6. Identify all photographs with date t ken; "Front View" and 'Rear View"; and, if required, 'Right Side View" and _ "Left Side View." When applicable, photographs must sh the foundation with representative examples of the flood openings or +' vents, as indicated in Section A8. If submitting more photog aphs than will fit on this page, use the Continuation Page. 3. cc e M w-M Photo One Caption FRONT VIEW (11/16/2021) 77 Cl) CO u7 O O O N N O N J d a� 3 •9 1 H - W�. b a _TWQ t � �. Photo Two Caption REAR VIEW�(11116/2021) FEMA Form 086-0-33 (12/19) Replaces all previous editions. Clear Photo One Y a Clear Photo Two Packet Pg. 536 3.E.h BUILDIN PHOTOGRAPHS OMB No. 1660-0008 ELEVATION CERTIFICATE C ntinuation Page Expiration Date: November 30, 2022 IMPORTANT: In these spaces, copy the corresponding inf rmation from Section A. FOR INSURANCE COMPANY USE Building Street Address (including Apt., Unit, Suite, and/or BI g. No.) or P.O. Route and Box No. Policy Number: s 0 326 ALACHUA ST O City State ZIP Code Company NAIC Number IMMOKALEE Floridal 34142 lid If submittingmorephotographs than will fit on the recedi page, affix the additionalphotographs below. Identify all hoto ra hs E P 9 P 9 fY P 9 P � with: date taken; "Front View" and 'Rear View"; and, i required, "Right Side View" and "Left Side View." When applicable, E photographs must show the foundation with representative xamples of the flood openings or vents, as indicated in Section A8. U) Photo Three Caption RIGHT SIDE VIEW (11/16/2021) _ �' ., o Photo Four Caption LEFT VIEW (11116/2021) FEMA Form 086-0-33 (12/19) Repl ce �rr,k W Clear Photo Four all previous editions. Packet Pg. 537 4.A 02/09/2023 COLLIER COUNTY Collier County Hearing Examiner Item Number: 4.A Doc ID: 24495 Item Summary: *** This item was continued from the January 12, 2023, HEX Meeting and has been further continued to the February 9, 2023 HEX Meeting**** PETITION NO. ADA-PL20220004625 Motion for Reconsideration — Appeal filed by Valencia Golf and Country Club HOA, Inc. of the administrative approvals of Planned Unit Development Minor Change Petition PMC-PL20220003657 and Insubstantial Change to Construction Plans ICP-PL20220003659 regarding sidewalks on private property. The subject property is located in the Valencia Golf and Country Club — Phase 213 subdivision, part of the Orangetree Planned Unit Development in Section 23, Township 48 South, Range 27 East, Collier County, Florida. (Coordinator: Michael Bosi, Zoning Director) (Commissioner District 5) Meeting Date: 02/09/2023 Prepared by: Title: Operations Analyst — Planning Commission Name: Diane Lynch 02/01/2023 2:46 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 02/01/2023 2:46 PM Approved By: Review: Growth Management Operations & Regulatory Management Diane Lynch Hearing Examiner (GMD Approvers) Diane Lynch Zoning Diane Lynch Zoning Zoning Hearing Examiner Diane Lynch Diane Lynch Review Item Review Item Review Item Division Director Andrew Dickman Meeting Pending Review Item Skipped 01/30/2023 3:47 PM Skipped 01/30/2023 3:47 PM Skipped 01/30/2023 3:47 PM Skipped 01/30/2023 3:47 PM Skipped 01/30/2023 3:47 PM 02/09/2023 9:00 AM Packet Pg. 538 4.A.a e-r Cov,.V.ty Motion for Reconsideration TO: HEARING EXAMINER — ANDREW DICKMAN, ESQ. FROM: MIKE BOSI, AICP, DIRECTOR - ZONING DIVISION - GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: DECEMBER 22, 2022 SUBJECT: HEARING EXAMINER (HEX) DECISION 2022-55, PETITION NO. ADA- PL20220004625 REQUESTED ACTION: The Hearing Examiner issued HEX Decision 2022-55 on December 9, 2022. The Collier County Administrative Code, Chapter 9. Officer of the Hearing Examiner — Procedures within Public Hearing — Reconsideration of matter by the Hearing Examiner provides the following: 1. On motion by a party, the Hearing Examiner may grant a rehearing on an application for the following reasons: • Mistake, inadvertence, or excusable neglect; • Newly discovered evidence which by due diligence could not have been discovered in time for the original hearing; or • Fraud, misrepresentation, or other misconduct of an adverse party. 2. The motion for reconsideration by a party shall be made prior to the deadline for filing an appeal. The filing of such a motion tolls the time for filing an appeal. The time for filing an appeal shall begin anew in full upon the Hearing Examiner's denial of such a motion. Staff makes its motion for reconsideration based on the following: l . The Hearing Examiner was not apprised of Attorney General Opinion 2012-32 (Attachment A) regarding property owner consent to a rezone. 2. HEX Decision 2022-55 would require the County to change its business practices by requiring consent of any and all Homeowners Associations where an owner of property within a Planned Unit Development (PUD) requests an amendment to a development order such as a PUD Ordinance or subdivision plats/plans, when the HOA has no ownership or easement interest in the subject property. Mike Bosi, AICP, Zoning Director 1. Attachment A - Attorney General Opinion 2012-32 Page 1 of 1 Request for Reconsideration HEX Decision 2022-55 December 20 2022 Packet Pg. 5 9771 ATTACHMENT "A" 4.A.a Florida Attorney General Advisory Legal Opinion Number: AGO 2012-32 Date: September 19, 2012 Subject: Counties --landowner consent for zoning changes Mr. Mark H. Scruby Clay County Attorney Post Office Box 1366 Green Cove Springs, Florida 32043-1366 RE: COUNTIES--ZONING--PLANNED DEVELOPMENTS --COMMUNITY PLANNING ACT --CONSENT REQUIREMENTS --authority of county to adopt ordinance containing other landowner consent requirement for applications for zoning changes. Part II, Ch. 163, Fla. Stat.; Art. VIII, s. l(f), Fla. Const.; Part II, Ch. 125, Fla. Stat.; s. 125.66(4), Fla. Stat. Dear Mr. Scruby: On behalf of the Board of County Commissioners of Clay County, you have requested my opinion on substantially the following questions: 1. In the case of an application to revise the zoning for a portion of a planned development by the owner of said portion, do the provisions of the Community Planning Act, as codified in Part II of Chapter 163, Florida Statutes, authorize a local government to require in its zoning code the consent to the application by some or all of the other individual property owners within the planned development, or by an association of property owners governed under Chapters 718, 719, or 720, Florida Statutes, and operating within the planned development, before the application can be considered for approval? 2. If the answer to Question 1 is in the negative, then in the case of an application to revise the zoning for a portion of a Packet Pg. 540 4.A.a planned development by the owner of said portion, does the common law or any other statutory law authorize a local government to require in its zoning code the consent to the application by some or all of the other individual property owners within the planned development, or by an association of property owners governed under Chapters 718, 719, or 720, Florida Statutes, and operating within the planned development before the application can be considered for approval? 3. In the case of an application to revise the zoning for a portion of a planned development by the owner of said portion, where the planned development is also subject to recorded covenants and restrictions (i) that are private in nature, (ii) that govern use rights and limitations and development standards for all lands within the planned development, and (i.ii) that give the individual owners of land within the planned development the right to vote on amendments to the covenants and restrictions, does the common law or any other statutory law authorize a local government to require such application to include the favorable outcome of a vote to approve the filing of the application by all or some fixed percentage of such individual members casting ballots? In sum: 1. and 2. I am not aware of nor have you drawn my attention to any provision of the "Community Planning Act" which would authorize a local governmental agency to delegate its legislative zoning authority to other land owners by requiring their consent prior to the acceptance of a request for rezoning. In the absence of concern for a particular statutory provision, however, this office will not undertake a broad review of multiple chapters of the Florida Statutes in an attempt to justify what the courts have clearly identified as a suspect practice. Finally, there is no common law right of local governments to impose a consent requirement such as the one you propose on applications for rezoning. Rather, the extent of the zoning power is circumscribed by the grant of power from the Legislature to local governments and contained in Chapters 125 and 166, Florida Statutes. Packet Pg. 541 4.A.a 3. This office will not comment on the terms of private contracts or their enforcement. As addressed more fully herein, consent requirements such as the one you have proposed may constitute an unconstitutional delegation of legislative authority and are not favored in the law and may implicate a number of constitutional rights. According to your letter, the zoning article of Clay County's land development code provides for planned developments in addition to conventional use categories. The code requires that an application to rezone a tract of land into a planned development must be joined by all owners of the property within the boundaries of the proposed tract. Occasionally, a party owning a portion of a planned development may wish to modify some aspect of the plan as it was previously approved. In order for such party to apply for the modification, the code requires that the application be joined by all of the other owners of property within the boundaries of the planned development, not just the owners of the parcel for which the modification is sought. Without the joinder of all these owners, an application for modification will not be accepted. The Board of County Commissioners has realized the difficulty of acquiring such third party joinder, especially as a development approaches build -out and hundreds or thousands of individual parcels have already been conveyed to third parties. In light of these concerns, the board is considering the adoption of an ordinance amending the joinder provision by reducing the percentage of joining owners from one hundred to some lesser figure or by eliminating it entirely. As the county attorney, you have advised the board that the submission of an application to amend a portion of an approved planned development cannot lawfully be conditioned on the joinder or consent of third parties who have no ownership interest in the particular parcel, even if the third parties own other property within the planned development. However, community concerns with the reduction or elimination of these restrictions has led to the Clay County Board of County Commissioners requesting that an Attorney General Opinion be sought on these issues. Packet Pg. 542 4.A.a Initially, I must advise you that this office has no authority to comment on validly adopted provisions of the current zoning code of Clay County. This office, like the courts, must assume that a validly adopted statute or ordinance is lawful and effective until it is challenged and declared invalid in an appropriate court case.[l] Thus, my comments are provided to you for use by the commission in considering proposed legislation. Questions One and Two Zoning is generally understood to be the regulation of land according to its nature and uses.[2] The power to restrict the use of land through zoning is delegated to local governments by the Legislature and is limited by the terms of the grant.[3] The classification, regulation, prohibition, restriction, permitting, and determination of uses within districts constitutes an exercise of local governmental zoning and police power, possessed by counties and municipalities generally under zoning statutes.[4] Thus, zoning enactments cannot validly be extended beyond the accomplishment of those purposes within their scope.[51 In order to be valid, any zoning regulations that are adopted must be reasonable and nondiscriminatory and they must tend to promote the public health, safety, morals, or general welfare.[6] As the Florida Supreme Court stated in Griffin v. Sharpe,[7] an ordinance enacted under a theory of general police powers must not infringe on constitutional guarantees by invading personal or property rights unnecessarily or unreasonably, denying due process of law or equal protection of laws, or impairing obligations of contract. In addition, such an ordinance must not be inconsistent with the general laws of the state, must not discriminate unreasonably, arbitrarily or oppressively, and must not constitute a delegation of legislative or executive or administrative power.[$] You have asked whether some statutory provision may authorize a local government to require in its zoning code that consent to an application for rezoning by some or all of the other individual property owners within a planned development is Packet Pg. 543 4.A.a required before the application can be considered for approval. As a general proposition this office has previously concluded that such a requirement might, if enacted, result in an illegal delegation or abdication of legislative power. In Attorney General Opinion 83-31, this office was asked by the Board of County Commissioners of Santa Rosa County whether an ordinance could be validly enacted which required the written consent of a majority of landowners and homeowners within a designated distance of proposed landing strips or runways of an airport facility prior to the construction of any additional airport facility in the county. A statutory provision, section 330.36, Florida Statutes, provided that no county or municipality could license airports or control their location except by zoning requirements. The statute made no exception for any other type of county ordinance other than regulation by a zoning ordinance. Thus, the opinion concluded that such an ordinance could not be validly enacted or enforced. The opinion goes on to caution against a possible illegal delegation or abdication of legislative power by the adoption of such an ordinance: "Additionally, the proposed ordinance, if enacted, night well result in an illegal delegation or abdication of legislative power. An airport or landing field constructed and operated in a proper manner is not a nuisance per se.[9] Thus, the construction or maintenance and operation of an airport facility are not susceptible to regulation or proscription as a public nuisance by county legislative enactment.[10] The proposed ordinance does not zone any lands or prohibit the use of designated or specific lands at specific locations for airport purposes or establish any safety regulations or standards in the interest of and to protect the public health, safety or welfare. It simply requires the airport owner or developer to obtain the written consent of the majority of the specified landowners and homeowners prior to commencing construction of any additional airport facility in the county, and the only limitation upon such property owners in exercising their power to consent or withhold their consent to 'the construction of any additional airport facility' is their own free will and choice or their own whims or unbridled discretion. It permits the adjoining Packet Pg. 544 4.A.a landowners to regulate property rights and deny a landowner his right to use his property, not otherwise restricted or regulated by law, for a lawful use or purpose. In effect, the affected landowners and homeowners are delegated the legislative power vested in the county commission to determine the public policy and regulate property rights and whether an airport facility may be located, maintained and operated at any particular location. The governmental powers of the legislative and governing body of a county cannot be delegated."[11] While consideration generally must be given to the rights of the individual landowner of the property involved as well as the interests of adjoining landowners and others in the adoption of zoning changes,[12] I must caution that an ordinance which delegates the legislative power vested in the county commission to determine the public policy and regulate property rights based on the written consent of all or a majority of the specified landowners and homeowners prior to accepting an application for rezoning might well be seen by a court as an invalid delegation of the legislative power of the county.[13] Further, under Florida law generally, a property owner acquires no vested rights to the continuation of existing zoning.[14] There is no general constitutional right to be free from all changes in land use laws.[15] A landowner who plans to use his property in accordance with existing zoning regulations is entitled to assume only that such regulations will not be altered to his detriment, unless the change bears a substantial relation to the health, morals, welfare or safety of the public.[16] As discussed above, an ordinance enacted under a theory of general police powers must not infringe on constitutional guarantees by invading personal or property rights unnecessarily or unreasonably, denying due process of law or equal protection of laws, or impairing obligations of contract. Nor may such an ordinance be inconsistent with the general laws of the state, discriminate unreasonably, arbitrarily or oppressively, or constitute a delegation of legislative or executive or administrative power.[17] The adoption of an ordinance which includes a consent requirement as a condition precedent to the application process for rezoning could be seen to interject an element of arbitrariness into that Packet Pg. 545 4.A.a application process.[18] Again, the opinions of residents are not factual evidence and have been determined by the courts to not constitute a sound basis for denial of a zoning change application.[19] You have specifically directed my attention to the Community Planning Act, sections 163.3164 - 163.3217, Florida Statutes, and associations of property owners governed under Chapters 718, 719, or 720, Florida Statutes, and operating within the planned development as potential sources of statutory authority for adopting an ordinance imposing a consent requirement to an application for rezoning. The "Community Planning Act," codified in Part II, Chapter 163, Florida Statutes, was enacted to "utilize and strengthen the existing role, processes, and powers of local governments in the establishment and implementation of comprehensive planning programs to guide and manage future development consistent with the proper role of local government. "[20] The act specifically provides that "no public or private development shall be permitted except in conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in conformity with this act."[21] The comprehensive plan must provide "the principles, guidelines, standards, and strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal development of the area that reflects community commitments to implement the plan and its elements. These principles and strategies shall guide future decisions in a consistent manner and shall contain programs and activities to ensure comprehensive plans are implemented. The sections of the comprehensive plan containing the principles and strategies, generally provided as goals, objectives, and policies, shall describe how the local government's programs, activities, and land development regulations will be initiated, modified, or continued to implement the comprehensive plan in a consistent manner. It is not the intent of this part to require the Packet Pg. 546 4.A.a inclusion of implementing regulations in the comprehensive plan but rather to require identification of those programs, activities, and land development regulations that will be part of the strategy for implementing the comprehensive plan and the principles that describe how the programs, activities, and land development regulations will be carried out. The plan shall establish meaningful and predictable standards for the use and development of land and provide meaningful guidelines for the content of more detailed land development and use regulations."[22] The act provides that it is the will of the Legislature that the public be involved in community planning: "It is the intent of the Legislature that the public participate in the comprehensive planning process to the fullest extent possible. Towards this end, local planning agencies and local governmental units are directed to adopt procedures designed to provide effective public participation in the comprehensive planning process and to provide real property owners with notice of all official actions which will regulate the use of their property. The provisions and procedures required in this act are set out as the minimum requirements towards this end."[23] To facilitate this public participation the act requires public hearings, the opportunity for written comments, and other public information opportunities.[24] As Florida courts have noted with regard to zoning decisions: "The role of the governmental entity is to arrive at sound decisions affecting the use of property within its domain. This includes receiving citizen input regarding the effect of the proposed use on the neighborhood, especially where the input is fact-based."[25] However, no provision of the "Community Planning Act" of which I am aware or to which you have drawn my attention would authorize a local governmental agency to delegate its legislative zoning authority to other land owners by requiring their consent prior to the acceptance of a request for rezoning.[26] Packet Pg. 547 4.A.a You have also asked whether associations of property owners governed under Chapters 718, 719, or 720, Florida Statutes, and operating within the planned development may be potential sources of statutory authority for adopting an ordinance imposing a consent requirement to an application for rezoning. You are aware of no provisions in these laws which would bear directly on the validity of consent requirements prior to accepting a request for rezoning. Rather, these references, and your previous reference to Part II, Chapter 163, Florida Statutes, are intended to reflect more recent land development regulation and property owner rights laws. In the absence of concern for a particular statutory provision, this office will not undertake a broad review of multiple chapters of the Florida Statutes in an attempt to justify what the courts have clearly identified as a suspect practice. Finally, the zoning power of Florida counties is statutory, not a common law power.[27] Local governments have no inherent right to restrict the use of land through zoning; such right is limited by the statute or ordinance creating the same.[28] The adoption of zoning ordinances and zoning maps is a legislative act[29] and zoning ordinances must find their justification in some aspect of the police power, asserted for the public welfare.[30] I am aware of, and you have brought to my attention, no common law right of local governments to impose a consent requirement such as the one you propose on applications for rezoning. Rather, the extent of the zoning power is circumscribed by the grant of power from the Legislature to local governments and contained in Chapters 125 and 166, Florida Statutes. Question Three You have asked whether a local government may require an application for rezoning to include the favorable outcome of a vote to approve the filing of the application by all or some of the individual members voting on the matter when private recorded covenants and restrictions call for such a vote. This office will not comment on the terms of private contracts or their enforcement. As addressed more fully herein, consent requirements such as the one you have proposed may constitute an Packet Pg. 548 4.A.a unconstitutional delegation of legislative authority and are not favored in the law and may implicate a number of constitutional rights.[31] Sincerely, Pam Bondi Attorney General PB/tgh [1] See Evans v. Hillsborough County, 186 So. 193 (Fla. 1938) (a statute found on statute books must be presumed to be valid and must be given effect until it is judicially declared unconstitutional); White v. Crandon, 156 So. 303 (Fla. 1934) (county commissioners must obey statutes until in proper proceedings they are passed upon by the courts and declared invalid); State ex rel. Gillespie v. Thursby, 139 So. 372 (Fla. 1932), rehearing denied, 140 So. 775 (Fla. 1932); Falco v. State, 407 So. 2d 203 (Fla. 1981) (court has duty, if reasonably possible, and consistent with constitutional rights, to resolve all doubts as to validity of statute in favor of its constitutionality); State v. Jefferson, 758 So. 2d 661 (Fla. 2000); Ops. Att'y Gen. Fla. 92-02 (1992) (statutes are presumptively valid and must be given effect until determined otherwise by a court of competent jurisdiction in an appropriate judicial proceeding; 88-09 (1989); 87-36 (1987); cf. 90-47 (1990) (presumptive validity of municipal ordinance). [2] See 7 Fla. Jur. 2d Building, Zoning, and Land Controls s. 53; and see Barefield v. Davis, 251 So. 2d 699 (Fla. 1st DCA 1971) . [3] As a charter county, the zoning power of Clay County is derived from Art. VIII, s. l(f), Fla. Const., and Part II, Ch. 125, Fla. Stat., particularly s. 125.66(4), Fla. Stat. Cf. State ex rel. Henry v. Miami, 158 So. 82 (Fla. 1934) (no such thing as a general legislative power on the part of municipal authorities to control and direct how the private properties of municipal Packet Pg. 5 9771 4.A.a inhabitants shall be held or enjoyed). [4] See Inf. Op. to Chiaro, dated January 24, 1997. [5] See Davis v. Sails, 318 So. 2d 214 (Fla. 1st DCA 1975); Prescott v. Charlotte County, 263 So. 2d 623 (Fla. 2d DCA 1972), cert. denied, 267 So. 2d 834 (Fla. 1972). [6] See City of Jacksonville v. Sohn, 616 So. 2d 1173 (Fla. 1st DCA 1993); Carter v. Town of Palm Beach, 237 So. 2d 130 (Fla. 1970); Op. Att'y Gen. Fla. 79-71 (1979); 62 C.J.S. Municipal Corporations ss. 128, 132-135 (1949); 7 Fla. Jur. 2d Building, Zoning, and Land Controls s. 102. [7] 65 So. 2d 751 (Fla. 1953), and see City of Port Orange v. Leechase Corp., 430 So. 2d 534 (Fla. 5th DCA 1983). [8] And see Miami Shores Village v. William N. Brockway Post No. 124 of American Legion, 24 So. 2d 33 (Fla. 1945); Wallace v. Town of Palm Beach, 624 F.Supp. 864 (S.D. Fla. 1985); Inf. Op. to Dellagloria, dated January 5, 2001. [9] See generally 2A C.J.S. Aeronautics and Aerospace s. 70 (1972); Brooks v. Patterson, 31 So. 2d 472, 474 (Fla. 1947); cf. Corbett v. Eastern Air Lines, Inc., 166 So. 2d 196 (Fla. lst DCA 1964) . [10] See Brooks v. Patterson, supra, and S.H. Kress and Co. v. City of Miami, 82 So. 775 (Fla. 1919). [11] Crandon v. Hazlett, 26 So. 2d 638, 642 (Fla. 1946); State v. City of Tallahassee, 177 So. 719 (Fla. 1937); Dade County v. State, 116 So. 72 (Fla. 1928); see also Washington ex rel. Seattle Title Trust Co. v. Roberge, 278 U.S. 116 (1928); and see generally 16 C.J.S. Constitutional Law ss. 133, 137 (1956); 62 C.J.S. Municipal Corporations ss. 154, 226(10) , 227 (9) (1949) ; 101A C.J.S. Zoning and Land Planning s. 30 (1979). See also City of Miami Beach v. Forte Towers, Inc., 305 So .2d 764 (Fla. 1974); Cassady v. Consolidated Naval Stores Company, 119 So. 2d 35 (Fla. 1960); Richey v. Wells, 166 So. 817 (Fla. 1936); Bailey v. Van Pelt, 82 So. 789 (Fla. 1919). Cf. Cusack Co. v. City of Packet Pg. 550 4.A.a Chicago, 242 U.S. 526 (1917); Eubank v. City of Richmond, 226 U.S. 137 (1912); Grova v. Baran, 134 So. 2d 25 (Fla. 2d DCA 1961), appeal dismissed, 145 So. 2d 489 (Fla. 1962); Miller v. Ryan, 54 So. 2d 60 (Fla. 1951). [12] See 101A C.J.S. Zoning and Land Planning s. 71; and see infra n.25 providing citations to Florida statutory provisions providing for the consideration of "affected person[s]" during the development process who may include owners of abutting real property. [13] See Pollard v. Palm Beach County, 560 So. 2d 1358 (Fla. 4th DCA 1990) (opinions of residents are not factual evidence and not sound basis for denial of zoning change application); City of Apopka v. Orange County, 299 So. 2d 657, 659-660 (Fla. 4th DCA 1974); and Town of Ponce Inlet v. Rancourt, 627 So. 2d 586 (Fla. 5th DCA 1993); Marell v. Hardy, 450 So. 2d 1207 (Fla. 4th DCA 1984) (it is the function of the legislative body charged with responsibility for protecting and enhancing the health, welfare, and safety of public to weigh the advantages and disadvantages of rezoning property). [14] See Villas of Lake Jackson, Ltd. v. Leon County, 884 F.Supp. 1544 (N.D. Fla. 1995), opinion modified on reconsideration, 906 F.Supp. 1509 (N.D. Fla. 1995), affirmed, 121 F.3d 610 (C.A. 11 Fla. 1997). [15] New Port Largo, Inc. v. Monroe County, 95 F.3d 1084 (C.A. 11 (Fla.) 1996), cert. denied, 117 S.Ct. 2514, 521 U.S. 1121, 138 L.Ed.2d 1016 (1997). [16] City of Miami Beach v. 8701 Collins. Ave., Inc., 77 So. 2d 428 (Fla. 1954). [17] And see Miami Shores Village v. William N. Brockway Post No. 124 of American Legion, 24 So. 2d 33 (Fla. 1945); Wallace v. Town of Palm Beach, 624 F.Supp. 864 (S.D. Fla. 1985); Inf. Op. to Dellagloria, dated January 5, 2001. [18] See, e.g, Corn v. City of Lauderdale Lakes, 997 F.2d 1369 (C.A. 11 Fla. 1993), cert. denied, 114 S.Ct. 1400, 511 U.S. Packet Pg. 551 4.A.a 1018, 128 L.Ed.2d 73, appeal after remand, 95 F.3d 1066, cert. denied, 118 S.Ct. 441, 522 U.S. 981, 139 L.Ed.2d 378 (restrictions government imposes on land must be substantially related to general welfare; if not, governmental action is arbitrary and capricious in violation of substantive due process); Fide v. Sarasota County, 908 F.2d 716 (C.A. 11 Fla. 1990), cent. denied, 111 S.Ct. 1073, 498 U.S. 1120, 112 L.Ed.2d 1179 (property owner may challenge zoning regulation by arguing that regulation is arbitrary and capricious, does not bear substantial relation to public health, safety, morals, or general welfare, and is therefore invalid exercise of police power; owner need only prove that government acted arbitrarily and capriciously either facially or as applied). [19] Pollard v. Palm Beach County, supra . [20] Section 163.3161(2), Fla. Stat. [21] Section 163.3161(6), Fla. Stat. [22] Section 163.3177(1), Fla. Stat., and see the remainder of this statute for the required and optional elements of a comprehensive plan. [23] Section 163.3181(1), Fla. Stat. [24] See e.g., s. 163.3181(2), Fla. Stat.; s. 163.3174(1) and (4), Fla. Stat., requiring that the local planning agency prepare the comprehensive plan or amendment after public hearings; s. 163.3184(11), Fla. Stat., providing for public hearings during the process for adoption of comprehensive plans or plan amendments. However, I would also note that s. 163.3167(8), Fla. Stat., specifically prohibits "[a]n initiative or referendum process in regard to any development order or in regard to any local comprehensive plan amendment or map amendment[.]" [25] See City of Dania v. Florida Power and Light, 718 So. 2d 813 at 816 (Fla. 4th DCA 1998), citing Grefkowicz v. Metropolitan Dade County, 389 So. 2d 1041 (Fla. 3d DCA 1980); Metropolitan Dade County v. Blumenthal, 675 So. 2d 598 (Fla. 3d Packet Pg. 552 4.A.a DCA 1995). [26] Cf. s. 163.3184, Fla. Stat., which defines "[a]ffected person" to include "owners of real property abutting real property that is the subject of a proposed change to a future land use map" and authorizing any affected person to file a petition with the Division of Administrative Hearings to challenge whether the plan is in compliance with the statute; s. 163.3187(5)(a), Fla. Stat., providing a similar procedure for any "affected person" to challenge the compliance of a small scale development amendment; and s. 163.3215, Fla. Stat., providing standing for aggrieved or adversely affected parties to enforce local comprehensive plans through development orders. And cf. Preserve Palm Beach Political Action Committee v. Town of Palm Beach, 50 So. 3d 1176, 1179 (Fla. 4th DCA 2010) ("The right of the people to vote on issues they are entitled to vote on is one of utmost importance in our democratic system of government. But there are issues - such as the right of a small landowner to use his property subject only to government regulations - which should not be determined by popular vote. Section 163.3167(12) rightfully protects the small landowner from having to submit her development plans to the general public and ensures that those plans will be approved or not, instead, by the elected officials of the municipality in a quasi-judicial process."). [27] See Penthouse, Inc. v. Saba, 399 So. 2d 456 (Fla. 2d DCA 1981), review denied, 408 So. 2d 1095 (Fla. 1981). [28] See Florida Tallow Corp. v. Bryan, 237 So. 2d 308 (Fla. 4th DCA 1970). [29] Pasco County v. J. Rico, Inc., 343 So. 2d 83 (Fla. 2d DCA 1977); and see Starkey v. Okaloosa County, 512 So. 2d 1040 (Fla. lst DCA 1987) (rezoning is a legislative prerogative). [30] Flava Works, Inc. v. City of Miami, Fla., 800 F.Supp. 2d 1182 (S.D. Fla. 2011); and see County of Volusia v. City of Deltona, 925 So. 2d 340 (Fla. 5th DCA 2006), rehearing denied (2006), (because the zoning power is an aspect of the police power, a municipality may not enter into a private contract with Packet Pg. 553 4.A.a a property owner for the amendment of a zoning ordinance subject to restrictions in an agreement to be executed between the city and the owner). [31] See Villas of Lake Jackson, Ltd. v. Leon County, 121 F.3d 610 (C.A. 11 Fla. 1997) (any constitutional right based upon zoning regulation governing specific use of real property, to extent claim is based upon deprivation of right to use property itself for that specific purpose is protectable, if it is right for which Constitution gives protection at all, only by procedural due process claim challenging procedures by which regulation was adopted, substantive due process claim based upon arbitrary and capricious action of government in adopting regulation, Takings Clause claim, or under some other constitutional provision that gives landowner protectable right, not specifically involved with real property right itself). Packet Pg. 554