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HEX Agenda 04/27/2023COLLIER COUNTY Collier County Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 April 27, 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 411912023 April 2023 Pledge of Allegiance 2. Review of Agenda 3. Advertised Public Hearing A. PETITION NO. DR-PL20220000558 — Viage Bayshore Marina — A request for approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks four deviations: (1) from LDC Section 4.02.16.C.7.c to instead allow an enhanced Type `D' landscape buffer and a solid 8 foot vinyl fence along Riverview Drive to screen the boats and boat racks; (2) from LDC Section 4.02.16.C.10.d to increase the maximum height of 17 feet for stored or displayed boats to 29 feet; (3) from LDC Section 4.02.16.C.10.e to reduce the required 50 foot setbacks to a 15 foot setback from Riverview Drive and a 10 foot setback from Lakeview Drive; and (4) from LDC Section 4.02.16.C.10.g to instead allow an enhanced 10 foot Type `D' buffer with an 8 foot solid vinyl fence along Lakeview Drive, Riverview Drive, and Bayshore Drive, with each street buffer consisting of specific planting and vegetation requirements, for the redevelopment of Viage Bayshore Marina, consisting of f1.48-acres and located at 3470 Bayshore Drive, Naples, FL 34112, also known as Lots 25, 26, 27, and 28, Block 4, and Lots 1, 2, 3, and 4, Block 5, Gulf Shores subdivision, in Section 14, Township 50 South, Range 25 East, Collier County, Florida. [Sean Sammon, Planner III] Commissioner District 4 4. Other Business 5. Public Comments 6. Adjourn Collier County Hearing Examiner Page 2 Printed 411912023 3.A 04/27/2023 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.A Doc ID: 25127 Item Summary: PETITION NO. DR-PL20220000558 — Viage Bayshore Marina — A request for approval of a site plan with deviations pursuant to LDC Section 10.02.03.17 and seeks four deviations: (1) from LDC Section 4.02.16.C.7.c to instead allow an enhanced Type `D' landscape buffer and a solid 8 foot vinyl fence along Riverview Drive to screen the boats and boat racks; (2) from LDC Section 4.02.16.C.10.d to increase the maximum height of 17 feet for stored or displayed boats to 29 feet; (3) from LDC Section 4.02.16.C.10.e to reduce the required 50 foot setbacks to a 15 foot setback from Riverview Drive and a 10 foot setback from Lakeview Drive; and (4) from LDC Section 4.02.16.C.10.g to instead allow an enhanced 10 foot Type `D' buffer with an 8 foot solid vinyl fence along Lakeview Drive, Riverview Drive, and Bayshore Drive, with each street buffer consisting of specific planting and vegetation requirements, for the redevelopment of Viage Bayshore Marina, consisting of f1.48-acres and located at 3470 Bayshore Drive, Naples, FL 34112, also known as Lots 25, 26, 27, and 28, Block 4, and Lots 1, 2, 3, and 4, Block 5, Gulf Shores subdivision, in Section 14, Township 50 South, Range 25 East, Collier County, Florida.[Sean Sammon, Planner III] Commissioner District 4 Meeting Date: 04/27/2023 Prepared by: Title: Principal Planner — Zoning Name: Sean Sammon 04/04/2023 9:34 AM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 04/04/2023 9:34 AM Approved By: Review: Growth Management Operations & Regulatory Management Michael Stark Hearing Examiner (GMD Approvers) Diane Lynch Review Item Zoning Sean Sammon Review Item Zoning Ray Bellows Review Item Zoning Mike Bosi Division Director Zoning Sean Sammon Review Item Hearing Examiner Andrew Dickman Meeting Pending Review Item Completed 04/04/2023 2:14 PM Completed 04/11/2023 1:10 PM Skipped 04/04/2023 9:16 AM Completed 04/11/2023 1:24 PM Completed 04/11/2023 2:25 PM Skipped 04/04/2023 9:16 AM 04/27/2023 9:00 AM Packet Pg. 3 3.A.a Codiev County ld �. STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: APRIL 27, 2023 SUBJECT: VIAGE BAYSHORE MARINA, SITE PLAN WITH DEVIATIONS, DR-PL20220000558 PROPERTY OWNER/AGENT: Applicant/Owner: Viage Marinas, LLC 17913 Spencer Rd Odessa, FL 33556 REQUESTED ACTION: Agent: Jessica Harrelson, AICP Peninsula Engineering 2600 Golden Gate Pkwy Naples, FL 34105 The applicant requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks four deviations: (1) from LDC Section 4.02.16.C.7.c to instead allow an enhanced Type `D' landscape buffer and a solid 8-foot vinyl fence along Riverview Drive to screen the boats and boat racks; (2) from LDC Section 4.02.16.C.10.d to increase the maximum height of 17 feet for stored or displayed boats to 29 feet; (3) from LDC Section 4.02.16.C.10.e to reduce the required 50-foot setbacks to a 15-foot setback from Riverview Drive and a 10-foot setback from Lakeview Drive; and (4) from LDC Section 4.02.16.C.10.g to instead allow an enhanced 10 foot Type `D' buffer with an 8-foot solid vinyl fence along Lakeview Drive, Riverview Drive, and Bayshore Drive, with each street buffer consisting of specific planting and vegetation requirements, for the redevelopment of Viage Bayshore Marina. GEOGRAPHIC LOCATION: The subject property (Parcel #48173280007) is f1.48-acres and is located at 3470 Bayshore Drive Naples, FL 34112, also known as Lots 25, 26, 27, and 28, Block 4, and Lots 1, 2, 3, and 4, Block 5, Gulf Shores subdivision, along the west side of Bayshore Drive between the intersections of Bayshore Drive and Riverview Drive and Lakeview Drive, approximately one-half of a mile south of Tamiami Trail East in Section 14, Township 50 South, Range 25 East, of Collier County, Florida (See location map page 2). Viage Bayshore Marina - DR-PL20220000558 Page 1 of 12 Packet Pg. 4 RDVIn - OSSOOOOZZOZId : LZ6SZ) eulaew OJOLIS (e8 GBeln - 899000OZZOZld-21a - podall j}elg :juGwgOejjd LO ri a m Y V o � — O J CL z N iC i l� Ell ❑ � _ 6 v sD � m LiOJ N f.,.l IN �k__�fVf iVl Y ILL aa�aaaW use# aA# u4lad y lg 1S U P g L1 GC A ouq[na - 3#{1 o me o e c d A A a gQ asc gs.te JLSaa c r N r� c a�s#dod rn s 1Z.L1 � Z5 an!d LS # 9 ! cc A R � a aid r. Viage Bayshore Marina - DR-PL20220000558 Page 2 of 12 N C� 0 U O J 00 y � �L J JJ U{ C) 0 CD 0 CN V C 1 V J L z G CD d m a 3.A.a PURPOSE AND DESCRIPTION OF PROJECT: The site of Viage Bayshore Marina was originally developed in the Marina Lots as a marina with accessory boat sales and repairs in 1973 prior to the Bayshore Zoning Overlay (BZO). The adjacent parking lot was added on the four westernmost residentially zoned lots in the Accessory Parking Zoning Overlay. The property owner is requesting a Site Plan with Deviations for Redevelopment (DR) in order to permit the re- installation of boat racks on the C-4 zoned Marina lots in order to continue business operations since the property's inception. Prior to the establishment of the Bayshore Zoning Overlay, the Marina Lots, Lots 1, 2, 27, and 28, were developed as a marina with accessory boat sales and repairs. The parking lot located on the four westernmost residentially zoned Accessory Parking Zoning Overlay (APZ) lots, Lots 3, 4, 25, and 26, were constructed per the approved Site Development Plan, SDP-2001 -AR- 1873, subject to the APZ. According to LDC Section 4.02.16 C.1, the APZ `permits lots adjacent to the BZO-W Subdistrict to be used for off street parking as an accessory use to an adjacent non-residential principal use under the same ownership or legal control". The site comprised of multiple dry storage boat racks between ±20 feet to ±40 feet in height. Because of the unsafe and poor condition of the racks, they were demolished in 2018 through 2021 while boat and trailer parking, storage, and other marina operations continued to occur throughout the subject property, including the APZ lots. In December 2020, Viage Marinas, LLC, purchased and acquired the subject property with the goal to provide a safe and functional development. Viage Marinas had the previous boat racks removed completely and then installed new, two -level high racks, 20 feet in height, to continue the business operations in March 2021. The new racks allowed for all boat storage, sales, and displays to occur solely on the Marina Lots which relocated the marina operations away from the adjacent residential properties. A Site Development Plan Insubstantial Change (SDPI), petition number PL20220004489, was submitted to permit the installation of the new racks. During the SDPI review, staff confirmed that the improvements required compliance with current code requirements. The BZO was amended in April 2022 by Ordinance 2022-12, updating design standards that the Viage Marina subject property is unable to currently meet due to site constraints. The current code requirements would render the subject property inoperable for its current use and site design. Therefore, a total of four (4) primary and two (2) secondary deviations are being requested as alternate options to specific code requirements and will provide an aesthetic enhancement for the overall site. These deviations are detailed in the Deviations and Justifications section; a summary list is provided here: Primary: 1. To allow an enhanced Type `D' landscape buffer and a solid 8' vinyl fence along Riverview Drive to screen the boats and boat racks. 2. To allow a maximum height of 29' (20' boat racks and an additional 9' to accommodate the height of boats). 3. To allow a 15' setback from Riverview Drive and a 10' setback from Lakeview Drive. 4. To allow an Enhanced 10' Type `D' buffer along Lakeview Drive consisting of a solid 8' vinyl fence and with specific vegetation and planting requirements. Secondary: 5. To allow an enhanced 10' Type `D' buffer along Riverview Drive consisting of a solid 8' vinyl fence and with specific vegetation and planting requirements. 6. To allow a 10' landscape buffer along Bayshore Drive consisting of a solid 8' vinyl fence and with specific vegetation and planting requirements. Viage Bayshore Marina - DR-PL20220000558 Page 3 of 12 Packet Pg. 6 3.A.a A Mixed -Use Project (MUP), known as The Odyssey (Res 07-73/MUP-2006-AR-10052) was approved for the subject property prior to it becoming a marina. The MUP expired and the existing site compared to the previously approved MUP is significantly less intense. When Viage Marinas, LLC originally constructed the new 20-foot boat racks within the APZ lots, it resulted in a code enforcement violation since the APZ is restricted to accessory vehicular parking only. Since then, Viage Marinas relocated the racks to the Marina Lots. Viage Marinas has been working to remove all marina operations, boat, trailer, parking, and storage, from the APZ lots due to the Code Case #CELU20220004146 which was closed on November 29, 2022. Since then, other Code Cases have been and remain open. The first is #CELU20220001056, which was opened on February 6, 2023. The description for the Code Case is "Illegal Outside Storage ". The second Code Case that was opened and entered on April 23, 2021, is #CELU20210004109, with a description of "Bayshore CRA has received complaints regarding new boat racks being installed, noise and debris at the Marina located at the corner of Bayshore and Riverview. " F— Legend WAGE MARINA: 41-1.48-a[fei 1!!�aw 6rlve Cd92CY W WnF�-0.M•0.! APB t�.920.ru� LpTS Rsr�-azo-pa I m PUD Am - ACCESSORY RARING IDNE OVERwr MARINA s j. Arera Ayenus LOTS w IF APZ LOTS N Lakewle w Drive WLIRL[5: C0[[IrR C�1lINTY G[OFRNHIO.VIFj1RMATgN SYST[ MS 120131 a vC U) iFPP[ Subject Property Marina Lots vs. APZ Lots — Source: Collier County GIS/Peninsula Engineering Viage Bayshore Marina - DR-PL20220000558 Page 4 of 12 Packet Pg. 7 RDVIn - OSSOOOOZZOZId : LZ6SZ) eulaew OJOLIS (e8 GBeln - 899000OZZOZld-21a - podall j}elg :juGwgOejjd N"I Viage Bayshore Marina, Proposed Site Plan with Deviations — Source: Peninsula Engineering Viage Bayshore Marina - DR-PL20220000558 Page 5 of 12 1 0) a m Y V a 3.A.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. The subject property is zoned General Commercial (C-4) in the Bayshore Zoning Overlay (BZO) Waterfront Subdistrict (W) on the four eastern lots numbered 1, 2, 27, and 28; and the four western lots numbered 3, 4, 25, and 26 are in the Accessory Parking Zoning (APZ) Overlay. The surrounding zoning and land use are as follows: North: Developed neighborhood commercial and residential and Riverview Drive, land zoned General Commercial (C-4) in the Bayshore Zoning Overlay (BZO) Neighborhood Commercial Subdistrict (NC) and Residential Multi-Family-6 (RMF-6) Bayshore Zoning Overlay (BZO) Residential Subdistrict 2 (R-2). East: Developed neighborhood commercial and residential and Bayshore Drive, land zoned General Commercial (C-4) in the Bayshore Zoning Overlay (BZO) Neighborhood Commercial Subdistrict (NC) South: Developed neighborhood commercial and residential and Lakeview Drive, land zoned General Commercial (C-4) in the Bayshore Zoning Overlay (BZO) Neighborhood Commercial Subdistrict (NC) and Residential Multi-Family-6 (RMF-6) Bayshore Zoning Overlay (BZO) Neighborhood Commercial Subdistrict (NC). West: Developed neighborhood commercial and residential and a canal, land zoned Residential Multi-Family-6 (RMF-6) Bayshore Zoning Overlay (BZO) Residential Subdistrict 2 (R-2). Subject Property Aerial — Source: Collier County GIS Viage Bayshore Marina - DR-PL20220000558 Page 6 of 12 Packet Pg. 9 ■ O t7 h 5 ku 3.A.a APPLICANT'S JUSTIFICATIONS FOR REOUESTED DEVIATIONS: The petitioner is seeking four (4) primary and two (2) secondary deviations from the requirements of the Land Development Code (LDC). The deviations are listed below with staff analysis and recommendations. Primary Deviations Proposed Deviation #1 seeks relief from LDC Section 4.02.16. C.7.c "Marinas and Boatyards," which requires all boat racks to be enclosed with a wall or fence, with boats not exceeding the height of the enclosure, to instead allow an enhanced Type `D' landscape buffer and a solid 8' vinyl fence along Riverview Drive to screen the boats and boat racks. The enhanced 10' Type `D' buffer shall consist of a row of Cabbage Palms 16'-24' in height (clear trunk) at the time of planting, a row of Dahoon Hollies a minimum of 6' in height at the time of planting, a row of Green Buttonwoods a minimum 10' in height at time of planting and spaced a maximum 30' on center, and a hedge that is a minimum 36" in height at time of planting and spaced 36" on center. Petitioner's Justification: The subject property has been utilized as a marina since the early 1970's, prior to the establishment of the Bayshore Zoning Overlay. Due to the size of the property, current code requirements contained within Bayshore Zoning Overlay, create significant constraints and challenges with proposed site improvements. Previous boat racks, ranging in height from ±20' to f40 , were removed due to unsafe, poor conditions from 2018-2021. This deviation will allow the re -installation of boat racks on the subject property for storage, display, and sales which are imperative to the operations of the existing marina. The new racks will also allow the site to function safely. All storage and marina operations will be removed from the lots located within the Accessory Parking Zone. The newly installed racks are '20 in height (f29 including a boat); therefore, less intense than the original on -site racks. The total land area available for the marina operations on the C-4 zoned lots is very limited, making it impossible to meet new design standards. The existing 6' chain link fence will be replaced with a solid 8' vinyl fence and enhanced landscaping will be also installed, which will be beneficial to the surrounding community by making the site more aesthetically pleasing. Staff Analysis and Recommendation: Staff sees no detrimental impact to the surrounding area should the deviation be approved. Landscaping staff has reviewed and evaluated the proposed deviation from the site plan and found no issue with consistency. This deviation is site -specific as represented on the Site Plan. Therefore, Zoning Staff recommends APPROVAL of this deviation. Proposed Deviation #2 seeks relief from LDC Section 4.02.16. C.10.d "Outdoor Display, Sales or Storage," which permits a maximum height of 17' above existing grade for boats that are stored or on display, to instead allow a maximum height of 29' (20' boat racks and an additional 9' to accommodate the height of boats). Petitioner's Justification: Previous on -site boat racks ranged from 20'— 40' in height (up to 4-levels high). The requested boat racks are less intense than what previously existed on site. The additional 12' being requested will accommodate the various types of boats being stored on the property. Staff Analysis and Recommendation: Staff sees no detrimental impact to the surrounding area should the deviation be approved. Landscaping staff has reviewed and evaluated the proposed deviation from the site plan and found no issue with consistency. Therefore, Zoning Staff recommends APPROVAL of this deviation. Proposed Deviation #3 seeks relief from LDC Section 4.02.16. C.10.e "Outdoor Display, Sales or Viage Bayshore Marina - DR-PL20220000558 Page 8 of 12 Packet Pg. 11 3.A.a Storage," which requires outdoor display, sales, and storage of boats that exceed a height of 6' to be setback at least 50 feet from a property line that is in view of property zoned or used for residential purposes, to instead allow a 15' setback from Riverview Drive and a 10' setback from Lakeview Drive. Petitioner's Justification: Due to the size of the existing property and location of existing structures, the proposed site improvements cannot meet a 50' setback. Views from surrounding residential properties are limited and will be improved with the solid 8' vinyl fence and enhanced landscaping that are proposed. A parking lot is located immediately north of the Marina site and a Convenience Store is located immediately south, both fronting Bayshore Drive. Staff Analysis and Recommendation: Staff sees no detrimental impact to the surrounding area should the deviation be approved. Landscaping staff has reviewed and evaluated the proposed deviation from the site plan and found no issue with consistency. Therefore, Zoning Staff recommends APPROVAL of this deviation. Proposed Deviation #4 seeks relief from LDC Section 4.02.16. C.IO.g "Buffering Standards - Outdoor Storage, Display or Sales Areas," which requires a 10' Type `B' buffer for outdoor storage areas to instead allow an Enhanced 10' Type `D' buffer along Lakeview Drive consisting of a solid 8' vinyl fence, a hedge that is a minimum of 36" in height at time of planting and spaced 36" on center, a row of Cabbage Palms 16'-24'in height (clear trunk) at time of planting, and Silver Buttonwoods 14' in height at time of planting and planted 10' on center. Petitioner's Justification: Existing asphalt, site improvements and the existing location of power lines make meeting this code requirement unfeasible. The existing 6' chain link fence will be replaced with a solid 8' vinyl fence and new landscaping will be installed to screen the marina from nearby property owners. Staff Analysis and Recommendation: Staff sees no detrimental impact to the surrounding area should the deviation be approved. Landscaping staff has reviewed and evaluated the proposed deviation from the site plan and found no issue with consistency. This deviation is site -specific as represented on the Site Plan. Therefore, Zoning Staff recommends APPROVAL of this deviation. Secondary Deviations Proposed Deviation #5 seeks relief from LDC Section 4.02.16. C.10.g "Buffering Standards- Outdoor Storage, Display or Sales Areas," which requires a 10' buffer consisting of trees a minimum of 14' in height spaced 30' on center and a double hedge row 3' in height and spaced 3' on center for outdoor display or sales areas, to instead allow an enhanced 10' Type `D' buffer along Riverview Drive consisting of a solid 8' vinyl fence, a row of clustered Cabbage Palms 16'-24' in height (clear trunk) at time of planting, a row of Dahoon Hollies a minimum of 6' in height at time of planting, a row of Green Buttonwoods a minimum 10' in height at the time of planting and spaced a maximum 30' on center, and a hedge that is a minimum 36" in height at the time of planting and spaced 36" on center. Petitioner's Justification: The property has been utilized as a marina since the early 1970's. Existing site improvements create challenges with meeting new code requirements. Enhanced landscaping, in conjunction with the solid 8' vinyl fence, is sufficient to screen the property from adjacent properties. Staff Analysis and Recommendation: Staff sees no detrimental impact to the surrounding area should the deviation be approved. Landscaping staff has reviewed and evaluated the proposed deviation from the site plan and found no issue with consistency. This deviation is site -specific as represented on the Site Plan. Therefore, Zoning Staff recommends APPROVAL of this deviation. Viage Bayshore Marina - DR-PL20220000558 Page 9 of 12 Packet Pg. 12 3.A.a Proposed Deviation #6 seeks relief from LDC Section 4.02.16. C.1O.g "Buffering Standards - Outdoor Storage, Display or Sales Areas," which requires a 10' buffer consisting of trees a minimum of 14' in height spaced 30' on center and a double hedge row 3' in height and spaced 3' on center for outdoor display or sales areas, to instead allow a 10' landscape buffer along Bayshore Drive consisting of a solid 8' vinyl fence and a hedge that is a minimum of 36" in height at the time of planting and spaced 36" on center, and a row of Cabbage Palms 16'-24' in height (clear trunk) at the time of planting and a row of Silver Buttonwoods 14' in height at the time of planting to satisfy vegetation requirements. Petitioner's Justification: Existing site improvements create challenges with meeting this newly adopted code requirement. The existing 6' chain link fence, currently located on the property line along Bayshore Drive will be removed. A new, solid 8' vinyl fence will be installed 3' off the property line which will provide ample space to accommodate improvements proposed by the Bayshore Beautification MSTU widening project (sidewalks, new landscaping, and lighting). The relocation of the fence was a request by the Bayshore CRA to allow for the proposed roadway improvement project. Additionally, there is existing vegetation within the Bayshore right-of-way that will remain, providing additional vegetation and screening of the site. The boat racks will be screened by adding vegetation on the internal side of the fence. The existing 6' chain linkfence is legally non -conforming; therefore, not required to be removed. The property owner is proposing the installation of a solid fence to address compatibility with adjacent properties. Staff Analysis and Recommendation: Staff sees no detrimental impact to the surrounding area should the deviation be approved. Landscaping staff has reviewed and evaluated the proposed deviation from the site plan and found no issue with consistency. This deviation is site -specific as represented on the Site Plan. Therefore, Zoning Staff recommends APPROVAL of this deviation. STAFF ANALYSIS: Staff has reviewed the requested deviations against the established criteria for Site Plans with Deviations in LDC Section 10.02.03.F.7 and provides the following analysis. a. Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. The site is developed as a marina, which is a permitted land use within the C-4 Zoning District and the Bayshore Zoning Overlay -Waterfront District. The Bayshore Zoning Overlay contains additional design standards for Marinas and for Outdoor Storage & Display. b. The proposed development is consistent with the Growth Management Plan. Per the Future Land Use Map, the site is located within the Bayshore Gateway Triangle Community Redevelopment Area and the development/redevelopment is consistent with the Growth Management Plan. c. The development shall have a beneficial effect both upon the area in which it is proposed to be established and upon the unincorporated area as a whole. The redevelopment of the site will be beneficial to the community by creating a more aesthetically Viage Bayshore Marina - DR-PL20220000558 Page 10 of 12 Packet Pg. 13 3.A.a appealing development, while also allowing the site to function more safely. d. The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose. The property has been developed as a marina since 1973, prior to the adoption of the Bayshore Zoning Overlay. The deviations being requested will permit the development to provide adequate land area to serve its intended purpose and continued marina land use. e. Streets, utilities, drainage facilities, recreation areas, sizes, yards, architectural features, vehicular parking and loading facilities, sight distances, landscaping, and buffers shall be appropriate for the particular use involved. Public infrastructure is in place to accommodate the existing development. Appropriate setbacks, enhanced buffers, and locations for loading are proposed and/or existing. f. Visual character of the project shall be equal to or better in quality than that required by the development standards for the zoning district. The visual character of the project shall be better in quality than the existing project before redevelopment and after it was first permitted. The visual character of the property will be enhanced with the proposed redevelopment. g. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. The property is under common ownership and will be regularly maintained. h. Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. Deviations are clearly delineated and are the minimum required to achieve the goals of the project. The deviations being requested will allow the continued use of the marina while maintaining safe, functional operations. i. The petitioner has provided enhancements to the development. Enhancements have been proposed to the development in lieu of current code requirements. j. Approval of the deviation will not have an adverse effect on adjacent properties. Approval of the deviations will not have an adverse effect on adjacent properties but rather will be beneficial. The existing site will be enhanced with mature landscaping, the existing chain link fence will be removed and replaced with a solid 8' vinyl fence, and the 20' boat racks will allow the continued marina land use on the property. Viage Bayshore Marina - DR-PL20220000558 Page 11 of 12 Packet Pg. 14 3.A.a Landscape Review: The enhanced planting and 8' fence is proposed adjacent to the boat racks along Bayshore Drive and Lakeview Drive in addition to Riverview Drive, each street frontage with site -specific planting and vegetation requirements. Environmental Review: Environmental Planning staff has reviewed this petition. The request is to re -install boat racks on the property (C-4). The property was originally developed in 1974. A preservation area is not required since the property was cleared and does not contain native vegetation or listed species. This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Conservation and Coastal Management Element (COME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (COME). The project site is not required to set aside a preserve area. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner APPROVE Viage Bayshore Marina, Site Plan with Deviations, DR-PL20220000558, with a condition that deviations be limited to what is depicted on: Site Plan with Deviations — Viage Bayshore Marina, Insubstantial Change to SDP 2001-AR-1873, Permit Plans, Project Number P-VIAG-001, originally dated June 23, 2022, and last revised on March 9, 2023. Attachments: A. Backup Package B. Site Plan with Deviations for Redevelopment (DR) — SDPI 2001-AR-1873, PL20220004489 C. Enhanced Landscape Plan — Site Development Plan D. Code Enforcement Case Descriptions Summary - CESD20210004109; CELU20220001056 E. Conditions of Approval F. Legal Ad & HEX Sign Posting Viage Bayshore Marina - DR-PL20220000558 Page 12 of 12 Packet Pg. 15 3.A.b HEARING PACKAGE CHECKLIST DIGITAL MATERIALS PROVIDED A. Backup provided by the County Planner The Planner is responsible for all required data included in the printed packets 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. x Application, to include but not limited to the following: x Narrative of request x Property Information x Property Ownership Disclosure Form x 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 x Affidavit of Representation X _ 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 x Deviation Justifications Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff lnformation\lobAides orHelp Guides Packet Pg. 16 3.A.b 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. CD with only one pdf file for all documents in the same order as the packets are put together. Thev must be in the same order. 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 all copies of backup materials to provide to the Hex/CCPC and the CD must contain the documents in one pdf file (not multiple files) in the same order as the printed materials. It is the agent's responsibility to ensure no documentation is left out. 3/30/2023 Signature of Agent kep3resentative Date Jessica Harrelson, AICP Printed Name of Signing Agent Representative Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff Information\JobAides orHelp Guides Packet Pg. 17 - 3.A.b Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 SITE PLAN WITH DEVIATIONS FOR REDEVELOPMENT LDC Section 10.02.03 F Ch. 6 I of the Administrative Code PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION Name of Property Owner(s): Viage Marinas, LLC Name of Applicant if different than owner: Address: 17913 Spencer Rd Telephone: 239.300.9660 Cell: E-Mail Address: barry@viagegroup.com City: Odesso state: FL Name of Agent(s): Jessica Harrelson, AICP Firm: Peninsula Engineering Address: 2600 Golden Gate Pkwy Telephone: 239.403.6751 Cell: Fax: City: Naples State: FL E-Mail Address: jharrelson@pen-eng.com Fax: CORRESPONDING SDP, SDPA, SIP INFORMATION ZIP: 33556 ZIP: 34105 This application shall be submitted in conjunction with one of the following: site development plan, site development plan amendment, or site improvement plan. PROJECT NAME/PL # IF KNOWN: Viage Bayshore Marina (SDPI) PLANNER/PROJECT MANAGER, IF KNOWN: DATE OF SUBMITTAL OF SDP/SDPA/SIP: Resubmittal of SDPI-PL20220004489 Forthcoming 1/25/2019 Page 1 of 3 Packet Pg. 18 Cofis er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 INFORMATION REGARDING DEVIATION REQUESTS A site plan with deviations for redevelopment provides a means for a redevelopment project to seek dimensional deviations (excluding height), architectural deviations, and deviations from site features, such as but not limited to, landscaping, parking, and buffers, from the standards established in the LDC when the passing of time has rendered certain existing buildings, structures, or site features nonconforming. A site plan with deviations may be requested for the redevelopment of a site which meets the criteria for a site development plan, site development plan amendment or a site improvement plan as established in LDC section 10.02.03. Except for the requested deviations, the site plan shall comply with LDC section 10.02.03. In accordance with LDC section 10.02.03 F, "redevelopment" shall mean the renovation, restoration, or remodeling of a building or structure, or required infrastructure, in whole or in part, where the existing buildings, structures or infrastructure were legally built and installed. DEVIATION REQUESTS The application must address the follow requirements. Please attach the required narratives and explanations. 1. A narrative of the redevelopment project and how it is consistent with the standards for approval, LDC section 10.02.03 F.7. 2. Description of each requested deviation and justification for each request. Requested deviations shall be clearly delineated in the petition. The LDC section for which the deviation seeks relief from shall be identified. 3. Must arovide a coav of the building aermits and certificates of occuaancv for all buildings subiect to the DR application to verify the applicable Code at the time of construction. 4. Project enhancements to offset or minimize the deviations shall be clearly identified on the site plan and explanation provided. 5. Deviation Request types: Zoning Deviation Requests - Check all that may be impacted by the request. ❑✓ Dimensional Standards (excluding building height): Setbacks Parking ✓ Architectural ✓ Landscape I Riiffar, ❑ Other site features: Engineering Deviation Requests - Check all that may be impacted by the request. ❑ Stormwater ❑ Pathways ❑ Transportation Planning ❑Other site features: 1/25/2019 Page 2 of 3 Packet Pg. 19 GOtbe' Y County 3.A.b COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 SUBMITTAL REQUIREMENTS CHECKLIST REQUIREMENTS FOR REVIEW REQUIRED NOT COPIES REQUIRED Completed Site Development Plan with Deviations for 1 ® ❑ Redevelopment Application Completed SDP/SDPA/SIP application and all associated materials, 1 ® ❑ including all site plan documents. Copy for the Pre -Application Notes, if not submitted with 1 ® ❑ SDP/SDPA/SIP Affidavit of Authorization, signed and notarized 1 ® ❑ Electronic Copy of all documents and plans on CD If application is being submitted as a paper submittal. Not required 1 ❑ ❑ for electronic submittals. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARNG PROCESS: • At the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated planner. • Please contact the planner to confirm the number of additional copies required. FEE REQUIREMENTS ❑ Site Plan for Redevelopment: $1,000.00 U Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00 All checks payable to: Board of County Commissioners The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department/Zoning Division ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 1/25/2019 Page 3 of 3 Packet Pg. 20 PENINSULA�i ENGINEERING � Viage Bayshore Marina Project Narrative- Consistency Review The subject property is located at 3470 Bayshore Drive, containing ±1.48-acres. The property consists of four (4) platted lots, fronting Bayshore Drive, zoned C-4-13ZO-Waterfront Subdistrict ("Marina Lots"). The site is also comprised of an additional four (4) lots within the RMF-6-BZO-R2 zoning district and designated within the Accessory Parking Zone Overlay ("APZ Lots"). See exhibit below for location of APZ Lots and Marina Lots. Riverview Drive SOURCES: COLLIER COUNTY GEOGRAPHIC INFORMATION SYSTEMS (2022) Viage Bayshore Marina DR-PL2022000558 December 2, 2022 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Legend ® VIAGE MARINA: +/-1.48-acres C-4-BZD-w RMF-6-BZO-R2 RMF-6-3ZO-N C-4-BZO-NC F7 RSF-4-BZO-R4 PUD FMACCESSORY PARKING ZONE OVEI Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Areca Avenue Packet Pg. 21 WWI PENINSUL � ENGINEERING� Project Details The property owner is seeking a Site Plan with Deviations for Redevelopment (DR) to permit the re- installation of boat racks on the C-4 zoned lots ("Marina Lots"), which are needed to continue viable business operations that have historically occurred on the property circa 1973. In accordance with LDC Section 10.02.03 F, "Redevelopment" shall mean the renovation, restoration, or remodeling of a building or structure, or required infrastructure, in whole or in part, where the existing buildings, structures or infrastructure were legally built and installed. The "Marina Lots" were developed as a marina with accessory boat sales and repairs, circa 1973, prior to the establishment of the Bayshore Zoning Overlay. The addition of the parking lot, located on the four westernmost residentially zoned lots ("APZ Lots"), was later approved and constructed per SDP-2001-AR- 1873, subject to the Accessory Parking Zoning Overlay. Per the Collier County Land Development Code, Section 4.02.16 C.1, the Accessory Parking Zone permits lots adjacent to the BZO-W Subdistrict to be used for off street parking as an accessory use to an adjacent non-residential principal use under the same ownership or legal control. The site was historically comprised of multiple dry storage boat racks, ranging from ±20' to ±40' in height (2-level high to 4-level high); see historical aerials for reference. Due to the unsafe, poor condition of the racks, most were demolished beginning circa 2018 and continued through 2021. Boat and trailer parking/storage and other marina operations were occurring over the entirety of the property, including on the "APZ Lots". The property was sold to Viage Marinas, LLC in December 2020, and to provide a safe, functional development, all previously existing boat racks were completely removed. Viage Marinas subsequently installed new, 2-level high racks (20' in height) to continue business operations in March 2021. These racks allow for all boat storage, sales and display to occur solely on the "Marina Lots", moving marina operations away from surrounding residential properties. A Site Development Plan Insubstantial Change (SDPI-PL20220004489) was submitted to permit the installation of the new racks, and through the SDPI review, it was confirmed by Staff that the proposed site improvements would require compliance with current code requirements. The Bayshore Zoning Overlay, recently amended in April 2022 (Ordinance 2022-12), contains design standards that cannot be met because of site constraints. Meeting current code requirements would be detrimental to the project; therefore, deviations are being requested. The deviations seek to allow alternatives in lieu of certain code requirements, which will enhance the visual character of the site. The proposed site improvements include the addition of enhanced landscaping and the replacement of the existing 6' chain link fence with a solid 8' fence. Off -site parking spaces are proposed, which will be available for public use to visitors of Bayshore Drive. The addition of sidewalks will also be constructed enhance public safety; see the Site Plan- prepared by Peninsula Engineering for reference. Viage Bayshore Marina DR-PL2022000558 December 2, 2022 2 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Packet Pg. 22 WWI PENINSUL � ENGINEERING� Prior MUP Approval A Mixed -Use Project (MUP), known as The Odyssey (Resolution 07-73/ MUP-2006-AR-10052) was approved for the subject property to permit the construction of 2 residential units, 990 SF of retail space, 135 dry boat storage slips, and ±2,300 SF for a private club facility. The MUP has since expired. When comparing the existing site to what was previously approved and permitted, the existing site is significantly less intense. Refer to the approved site and landscape plans, included for reference. Code Enforcement Case (Land Use) Viage Marinas, LLC originally constructed the new 20' boat racks within the APZ lots, resulting in a code enforcement violation since the APZ lots are limited to accessory vehicular parking only. Viage Marinas relocated the racks within a week of construction to the Marina Lots. In addition, the property owner has been working to remove all marina operations from the APZ Lots, including boat/trailer parking and storage, per direction of the Code Enforcement Hearing Officer (Code Case #CELU20220004146). LDC Section 10.02.03. F.7 Consistency Review Standards for approval. The petition shall be reviewed for consistency with the following standards: a. Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. Response: The site is developed as a marina, which is a permitted land use within the C-4 Zoning District and the Bayshore Zoning Overlay -Waterfront District. The Bayshore Zoning Overlay contains additional design standards for Marinas and for Outdoor Storage & Display. b. The proposed development is consistent with the Growth Management Plan. Response: Per the Future Land Use Map, the site is located within the Bayshore Gateway Triangle Community Redevelopment Area and the development/redevelopment is consistent with the Growth Management Plan. c. The development shall have a beneficial effect both upon the area in which it is proposed to be established and upon the unincorporated area as a whole. Response: The redevelopment of the site will be beneficial to the community by creating a more aesthetically appealing development, while also allowing the site to function more safely. Viage Bayshore Marina DR-PL2022000558 December 2, 2022 3 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Packet Pg. 23 PENINSULAoi ENGINEERING � The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose. Response: The property has been developed as a marina since 1973, prior to the adoption of the Bayshore Zoning Overlay. The deviations being requested will permit the development to provide adequate land area to serve its intended purpose and continued marina land use. Streets, utilities, drainage facilities, recreation areas, sizes and yards, architectural features, vehicular parking and loading facilities, sight distances, landscaping and buffers shall be appropriate for the particular use involved. Response: Public infrastructure is in place to accommodate the existing development. Appropriate setbacks, enhanced buffers, and locations for loading are proposed and/or existing. Visual character of the project shall be equal or better in quality than that required by the development standards for the zoning district. The visual character of the project shall be better in quality than the existing project before redevelopment and after it was first permitted. Response: The visual character of the property will be enhanced with the proposed redevelopment. g. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. Response: The property is under common ownership and will be regularly maintained. h. Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. Response: Deviations are clearly delineated and are the minimum required to achieve the goals of the project. The deviations being requested will allow the continued use of the marina, while maintaining safe, functional operations. i. The petitioner has provided enhancements to the development. Response: Enhancements have been proposed to the development in lieu of current code requirements. j. Approval of the deviation will not have an adverse effect on adjacent properties. Viage Bayshore Marina DR-PL2022000558 December 2, 2022 4 600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Packet Pg. 24 MWV PENINSULA �� ENGINEERING � Response: Approval of the deviations will not have an adverse effect on adjacent properties, but rather will be beneficial. The existing site will be enhanced with mature landscaping, the existing chain link fence will be removed and replaced with a solid 8' vinyl fence, and the 20' boat racks will allow the continued marina land use on the property. Viage Bayshore Marina DR-PL2022000558 December 2, 2022 5 600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Packet Pg. 25 WWI PENINSUL � ENGINEERING� Viage Bayshore Marina Conditions of Approval 1. There shall be no marina operations or boat/trailer parking permitted within Accessory Parking Zone 2. Site lighting shall be shielded to protect adjacent residential properties from light pollution. 3. Hours of operation shall be limited to 7:30am — 6:00pm daily. 4. The site shall not store, or display, more than a total of 90 boats on -site. 5. Boat repairs shall be limited to incidental boat repairs only and shall not occur within the Accessory Parking Zone. Major boat repairs are prohibited. 6. Docked boats shall not extend any distance greater than the length of the docks to prohibit docked boats from extending past the property line. 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Packet Pg. 26 3.A.b 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 'ROPFRTY n%AiKirRc41ia nISCLOc-1 iRF FnRnn 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 % of Ownership Viage Marinas, LLC 100% 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. 27 Cottier County 3.A.b 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 1 /22/2022 years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Packet Pg. 28 Cottier County 3.A.b 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 _ - 9/02/2022 AAggent/Ow er Signatur Date Jessica Harrelson, AICP Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 Packet Pg. 29 INSTR 5975417 OR 5866 PG 2024 E-RECORDED 12/27/2020 3:28 PM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $20,300.00 REC $18.50 CONS $2,900,000.00 3.A.b Prepared by: Jocelyn Salgado, an employee of Law Office of Eric L. Solomon 23160 Fashion Drive, Suite 228 Estero, FL 33928 File No: 20-11203 Parcel ID No.: 48173280007 Consideration: $2 30 00.00 WARRANTY DEED THIS DEED, made effective Q of December <Pa, 2020, between Z DBM Marina, LLC, a Florida ,limitgd liability Naples, FL 34109, first party lGrointfir), and Viage Marinas, LLC, a Florida limited 'liabili Odessa, FL 33556, second party (G anteo);f F . WITNESSETH, that Grantor, for and irf,CoKsic consideration to Grantor in hand pai8,by, hereby grants, bargains, sells, aliens, remises company, whose address is 6892 Leeward Way, company, whose address is 17913 Spencer Rd, of the sum of $10.00, and other valuable the receipt of which is acknowledged, conveys and confirms, unto Grantee and Grantee's heirs, executors, administrators;° ano,,rO#gns forever the following described land situate in COLLIER County, State of Florida: Lots 25, 26, 27 and 28, Block 4 and Lots 1, 2, 3 and 4,'Block,�, Gulf Shores, according to the plat thereof recorded in Plat Book 4, Page 50, Public Recorqw.bf Collier County, Florida. TOGETHER with all the tenements, hereditaments and `app6rtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the `grghr land in fee simple; that the Grantor has good right and lawful aufhg+ land; that the Grantor hereby fully warrants the title to said land°i against the lawful claims of all persons whomsoever; and that encumbrances except covenants, reservations, restrictions and ease accruing for the current year and all subsequent years. lawfully seized of said sell and convey said will defend the same land is free of all IS. P record and taxes Packet Pg. 30 *** OR 5866 PG 2025 *** 3.A.b IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: Print Print STATE OF FLORIDA COUNTY OF LEE r� The foregoing instrument was acknowledged b [ I online notarization this 18th of December, 2C behalf of DBM Marina, LLC, a Florida li k t� ne, (%has/have produced �, Sigfiature f Public Print, Typ S Name of Notary My Com is Aires: Jocelyn DBM Marina, LLC, a Florida limited liability company ,} BY: Michael D. Shrigley, M ager >rOme, by means of jo physical presence or y MiGhael D. Shrigley, Manager for and on y cofnpdny, who ( ) is/are personally known as identification. �'01 ° Notary Public Stale'of Florida Jocelyn Salgado My commission GG221064 Expires 09/22/2022 ; r1 J Packet Pg. 31 Co'Lli�ev County Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 239-252-2400 APPLICATION FOR INSUBSTANTIAL CHANGE TO: R Site Development Plan (SDPI) ❑ Site Improvement Plan (SIPI) LDC section 10.02.03 and other provisions of Chapter 4 of the Administrative Code In order to determine if the requested change is insubstantial and does not require an amendment to the SDP or the SIP, the applicant should contact the Development Review Division. If the name of the original project planner is known, the applicant should contact that planner. (For all other projects, the applicant should contact the Development Review Division at 239-252-2400). If the change is determined to be insubstantial, the name of the planner contacted should be shown on the application and referenced in the cover letter. Failure to obtain pre -submittal authorization from Development Review will delay processing of the application until such authorization has been received. APPLICANT CONTACT INFORMATION Name of Owner: Viage Marianas, LLC Name of Applicant if different than owner: Address: 17913 Spencer Road City: Gdessa Telephone: 139300.9660 Cell: E-Mail Address: Barry@viagegroup.com State. FL ZIP: 33556 Fax: Name of Agent: henna Woodward, PE,AICP Firm: Peninsula Engineering Address: 2600 Golden Gate Parkway City: Naples State: FL ZIP: 34105 Telephone: 239.403.6741 Cell: Fax: E-Mail Address. lwoodward@pen-eng.com PROPERTY INFORMATION Project Name. Viage Bayshore Marina FKA Gulf Shores Marina Original SDP/SIP #: SDP 2001-AR-1873 Section/Township/Range: 14 /50 125 DETAIL OF REQUESTED CHANGE(S) Provide a cover letter describing in detail the proposed changes, including any discussions with the assigned planner that may be pertinent to the review of the application and the sheet numbers of the plans affected by the change. Please note that changes to one set of plans may require changes to other plans: for example, relocation of a fire or utility line shown on the site plan may require changes to the landscape plan; the addition of a carport or awning to a commercial site would require the submittal of Architectural plans. 8/4/2021 P Packet Pg. 32 Co'Lli�er County Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 239-252-2400 Electronic Submittal Requirement Checklist for: Insubstantial Change to either Site Development Plan (SDPI) or Site Improvement (SIPI) Chapter 4 of the Administrative Code At time of submittal, the checklist is to be completed and submitted with the application packet. See chapter 4 of the Administrative Code for submittal requirements. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW: ELECTRONIC DOCUMENTS REQUIRED NOT REQUIRED Completed Application (download current form from County 1 website Completed Addressing Checklist 1 Determination (i.e. e-mail correspondence) from the County Manager or designee that confirms the proposed revisions to 1 v ❑ application are consistent with the insubstantial change criteria. Cover letter describing in detail the proposed changes 1 �/ Site Plan, 24 in. x 36 in., addressing all required information, including showing the changes "clouded" clearly delineating the 1 ❑ ❑ area and scope of work to be done. Estimated costs of construction of roadways, paving, and 1 ❑ drainage (Signed and sealed Estimated costs of utility construction of water and sewer 1 ❑ Si ned and sealed Electronic copies of all documents and plans in PDF Format and of in CAD Format to: 1 El email cad-submittals(a�colliercountyfl.gov FEES Insubstantial Change to Site Development Plan or Site Improvement Plan: First sheet $400.00 (not including the cover sheet), $100.00 for each additional sheet submitted 0 Fire Code Review: $ 100.00 Engineering Site Plan Review Fees: Complete Review and inspection fees are due at time of application submittal, when required. Construction Document Review: 0.75% of probable Paving, Grading, Drainage, Lighting, Code Minimum Landscaping, and any other appurtenant cost of construction. Cost Estimate $ 106, 216.30 Due at Application Submittal. $ Construction Inspection: 2.25% of probable Paving, Grading, Drainage, Lighting, Code Minimum Landscaping, and any other appurtenant cost of construction. Cost Estimate $ 106,216.30 Due at Application Submittal. $ 8/4/2021 P Packet Pg. 33 Colfier County Growth Management Department FEES CON'T Utility Plan Review and Inspections: 2800 North Horseshoe Drive Naples, Florida 34104 239-252-2400 0 Construction Document Review: 0.75% of probable water and/or sewer construction costs Cost Estimate $ Due at Application Submittal. $ 0 Construction Inspection: 2.25% of probable water and/or sewer construction costs. Cost Estimate $ Due at Application Submittal. $ LINKS Online Payment Guide can be located: Here Completed application may be submitted online GMD Public Portal If unfamiliar to applying on portal or have questions, please look over our E-Permitting Guide 8/4/2021 P Packet Pg. 34 3.A.b Section I I Site -Plan Includes: a. Survev and Legal Description on the next following I b. Site Plans c. Additional Plans NO: Aerial photographs Project No: Application No: OLD SDP NO: Approval Date: 11 W g?Q6J,o r7,2i5Q 2 Y err U Q a a 5 6 P,-m� Y Q — SDP _ Q z W 2 U Q zoo Q H der ownshi S Range: E Q Section:- Project Name: _4:rmIj,.,3 IA OA Lv )(0/*2 Packet Pg. 35 ZO/LL80 �31tl(1 (INGIvNIH 3aoHSAv939v1n-NSOO ozmzld:1%wzl 39vH°vddnHov3-v1N3wH­rvaw I w-9f1 S— do — Had a39w3a NVId 1N3WdO13A3(1 31lS NOISNVdX3 10l ONN)Vd VNINVw S3aoHS 3in0 woo loe®sa(deuie3a I1YN8 LL6/1'90LON:'ON 80P _ d 906e-ee40>s) xrA £c99-ce4(1>6 ) v -d e a ZII4£ Y412i073 'S37dYN ry '0'H :A9 'NHO 9 SIMS '1SY3 'IIVH.L INVINY.L 4992 pl IuaANIIS amn ONI?133NION3 >'w :Ae 'WOaxi 'S31VIDOSSV 7? 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CoX v County 3.A.b 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: Site Plan with Deviations (DR) Date and Time: Monday 2 / 7 / 2 2 10 : 30 AM Assigned Planner: Gabriela Castro Engineering Manager (for PPL's and FP's): Project Information Project Name: Viage Bayshore Marina (DR) PL#: 20220000558 Property ID #: 48173280007 Current Zoning: C- 4-BMUD-W 3470 Ba Drive, Naples FL 34112 shore Project Address: Y City: State: Zip: Applicant: Jessica Harrelson, AICP - Peninsula Engineering Agent Name: Jessica Harrelson Phone: 239-403-6751 2600 Golden Gate Parkway: Naples Fl 34105 Agent/Firm Address: City: State: Zip: Property Owner: Viage Marinas LLC Please provide the following, if applicable: i. Total Acreage: 1.48 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 Packet Pg. 41 Co er County 3.A.b 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 htti)s://www.colliercountvfl.gov/Home/ShowDocument?id=75093 Z'0 rL"p- A-Cr}< n.0 -1aa1 c ViQr e I Yl 1n Qr j:( --Fh r V)ca�5 l (Ci'WC �-r) r (tC C, r �) I ��{��i�r� ' I Site is within the City of apes Water Service Area please send to Naples Utilities an Planning Departments. en, i 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(cD-naplesgov.com Allyson Holland AMHollandCa)naplesgov.com Robin Singer RSinger(cDnaplesgov.com Erica Martin emartin(cDnaplesgov.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 0 a z it a w W O x co a m w c� a Co LO LO 0 0 0 0 N N O N J a. z W x U H H a c a� E t c� Q Packet Pg. 42 r Co er County 3.A.b B- COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Meeting Notes tc i r PIA T 1 DAv 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 '2 A Page I Aof 5 Packet Pg. 43 Cofer County 3.A.b COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.collierigov.net Meeting Notes 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Architectural - Zone C4-BMUD-W, Overlay - BMUD Viage Bayshore Marina - DR -LDC 5.05.08 Architectural and Site Design Standards & LDC 4.02.16 apply. -Building has (3) three Primary facades ((�L,ySybjita'Riverview Dr., Lakeview Dr.). -LDC 5.03.02 Chain link and wood fencing including barbed wire are prohibited forward of a Primary facade or within 100 feet of a ROW. Current fencing is non -conforming, any new fence will be required to meet code. -Provide commitment letter from the Bayshore CRA for the proposed public realm including time schedule for completion. -Verify, coordinate and define those areas from previous approved SDP's including any and all proposed changes and deviation requests. P&& 4?_ R181 Packet Pg. 44 d166 Ff, Clftr County 3.A.b COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net Meeting Notes .,UgjQt T—,e-mPL ¢'TaA-, 'IOT�,2,5 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Landscape: Staff will follow up regarding the buffer requirement along Bayshore Dr. Bayshore Overlay allows for the option of a 10' Type D buffer or "expanded public realm" along right of ways where boat storage is not located. Expanded public realm consists of a hardscape area extending from the property line to the front facade. If the expanded public realm cannot be an option along the North half of the East facade where there is no building or boat storage triggers the need for a specific buffer along Bayshore Dr., a deviation will be required. YNV,r2UtJT-AL. C.yL✓1i(, /-�Zit.:y c�s2r�A-iL �l,'yi-eS �� a.IJ- ���.- Packet Pg. 45 3.A.b ThomasClarkeVEN From: BrownCraig Sent: Tuesday, February 08, 2022 10:34 AM To: ThomasClarkeVEN Subject: RE: Pre-App Research for Viage Bayshore Marina (DR) - PL202200005588 Follow Up Flag: Follow up Flag Status: Flagged Thomas, Here are my notes for this one. Please provide the historical information to support that the slip count has been in existence and no increase to the slip count is proposed that would trigger a Manatee Protection Plan Review. (MPP) Please confirm if the activities on the property included handling, storing or the production of hazardous products onsite. This will require soil/ groundwater assessment in accordance with LDC 3.08.00.4.d.ii. (SDP) 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: Monday, February 7, 2022 9:46 AM To: BrownCraig <Craig.Brown @colliercountyfl.gov> Subject: FW: Pre-App Research for Viage Bayshore Marina (DR) - PL202200005588 Here you go Craig, this in the 10:30 Pre- app for this morning. Tc From: ThomasClarkeVEN Sent: Thursday, February 03, 2022 4:43 PM To: Ashton,Heidi<heidi.ashton@colliercountvfl.gov>; BeardLaurie <Laurie.Beard @colliercountyfl.gov>; BrownCraig <Craig.Brown @colliercountyfl.gov>; CookJaime <Jaime.Cook@colliercountvfl.gov>; CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>; Derek Perry <Derek.Perry@colliercountyfl.gov>; Eric Ortman <eric.ortman@colliercountvfl.gov>; FaulknerSue <Sue.Faulkner@colliercountyfl.gov>; FeyEric <Eric.Fev@colliercountyfl.gov>; ImpactFees <ImpactFees@colliercountyfl.gov>; Michele Mosca <Michele.Mosca@colliercountyfl.gov>; OrthRichard <Richard.Orth@colliercountvfl.gov>; Parker <Parker.Klopf@colliercountyfl.gov>; 'rachel.hansen@colliercountyfl.gov' <rachel.hansen@colliercountyfl.gov>; Sally Ashkar <sally.ashkar@colliercountyfl.gov>; SawyerMichael <Michael.Sawyer@colliercountvfl.gov>; TempletonMark <Mark.Templeton@colliercountvfl.gov>; WilkieKirsten <Kirsten.Wilkie@colliercountvfl.gov> Cc: Gabby<gabriela.castro@colliercountyfl.gov> Subject: Pre-App Research for Viage Bayshore Marina (DR) - PL202200005588 Packet Pg. 46 Coffer Count 3.A.b y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Meeting Notes l2 ns�ve�T,4iiv� - /�il�� S.w��� — 'vn�,,�� �,z- LQ.¢✓ ,) «�v Cyr�Tpei10y`4�usTiv.�s¢Fona 'Ta bisGus 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. 47 Co*e�:r 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# 20220000558 Collier County Contact Information: 3.A.b 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 El 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 @colIiercountyfLgov ❑ 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@colliercountyfl.gov ❑ 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 WI/Rachel Hansen GMP —Comprehensive Planning 252-1142 Rachel.hansen@colliercountyfl.gov ❑ 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 V" 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 252-2911 jack. mckenna@colIiercountyfLgov Updated 1/12/2021 Page 1 4 of 5 Packet Pg. 48 Co*rr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.eov (239) 252-2400 —P 3.A.b ❑ Matt McLean, P.E. Division Director - IF, CPP & PM 252-8279 matthew.mclean@colliercountyfl.gov ❑ ichele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov Richard Orth Stormwater Planning 252-5092 richard.orth@colliercountyfl.gov 0 Eric Ortman Zoning Principal Planner 252-1032 Eric.Ortman@colliercountyfl.gov Derek Perry Assistant County Attorney 252-8066 Derek.perry@colliercountyfl.gov ❑ Brandi Pollard Utility Impact fees 252-6237 brand i.pollard @colliercountyfLgov ❑ 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 GMP, Comp Planning Manager 252-2708 james.sabo@colliercountyfl.gov 6X 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 I Development Review - Zoning 1 252-5748 1 christine.willoughby@colliercountyfl.gov ❑ Daniel Zunzunegui I North Collier Fire 1 252-2310 1 Daniel.Zunzunegui@colliercountyfl.gov L (�r+vL;' �'y";rft-�h 4),a Additional Attendee Contact Information: Name Representing Phone Email "SILy► LS(j ✓ V vL`r lVr w& U3 b7 I v Ji 14,,.,M J'T h % Sco T r+ s c A- GtL,�?uA CLlp,it Updated 1/12/2021 Page 1 5 of 5 Packet Pg. 49 3.A.b CoiLier 0014nty Growth Management Department Zoning Division Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20220000558 — Vial;e Bayshore Marina (DR) Planner: Gabriela Castro Assigned Ops Staff: Thomas Clarke STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request Jessica Harrelson, AICP 239.403.6751 • Agent to list for PL# Jessica Harrelson, AICP Peninsula Engineering • Owner of property (all owners for all parcels) Viage Marinas LLC • Confirm Purpose of Pre-App: (Rezone, etc.) Site Plan with Deviations for Redevelopment • 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: The owner of the property would like to permit new, dry storage boat racks for the site (previous boat racks were not permitted). The property has been utilized as a marina, with accessory boat sales, since the early 1970's. Draft deviation requests include the following: Deviation #1 to LDC Section 4.02.16.C.7.0 "Marinas and Boatyards", which requires boat racks to be enclosed with a wall or fence to instead allow additional screening, inclusive of canopy trees, in lieu of a wall or fence. (Pending feedback from Mark Templeton) Deviation #2 to LDC Section 5.03.02.G.1 "Fences on site with structures subject to Architectural & Site Design Standards", which prohibits chainlink fences forward a primary fagade within 100' from a public ROW, to instead allow the existing chainlink along Bayshore Dr to remain with additional landscaping/screening. (Additional landscaping/screening to be determined pending feedback from Mark Templeton.) • Potential 3rd Deviation to the landscape buffer width along Bayshore DR to allow for future ROW/Landscape improvements planned by the CRA. (Pending survey/site planning) Zoring Division • 2800 Nash Horseshoe Drive • Naples, Florida 34104.239-252-2400 • vvmv.colliergov.net Packet Pg. 50 3.A.b REQUIRED Supplemental Information provided by: Name: Jessica Harrelson, AICP Title: Planning Manager Email: jharrelson@pen-eng.com Phone: 239-403.6751 Cancellation/Reschedule Requests: Contact Connie Thomas -Client Services Supervisor Consuela.Thomas@colliercountvfl.eov Phone: 239-252-2473 Created April 5, 2017 Location: G:\CDES Planning Services\Current\Zoning Staff Information Zoryng Division • 2800 North Horseshoe Drive - Naples, FbWa 34104. 239.252-2400 • www.cdiergov.net Packet Pg. 51 Cot;r County 3.A.b 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 percentage of such interest: 0 c Name and Address I % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the ercentage or 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 U1%-U11LC1At= UI IIILU[tbL. Created 9/28/2017 Name and Address I % of Ownership Page 1 of 3 Packet Pg. 52 Co er County 3.A.b COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net II e f. N 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 9 c11cIaI allu/v1 nnnLcu Na1u1cIJ. 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 L• 111 K,1=1 J, JLUL.R11U1UC1 J, UCI ICI IL,IdI 1CJ, U1 PdI 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 of I IL UI J, II a L.VI Pul QLIU11, Pd1 L-1 ICI J111PI U1 LI UJL. 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 w c� Q Y U a a a Y U Q m Q z w x U a a 1= E U a Packet Pg. 53 Cofx er County 3.A.b 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 7-71 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. 54 3.A.b Codieo Y County 0�. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 SITE PLAN WITH DEVIATIONS FOR REDEVELOPMENT LDC Section 10.02.03 F Ch. 6 I of the Administrative Code PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION Name of Property Owner(s): Name of Applicant if different than owner: Address: Telephone: E-Mail Address: Name of Agent(s): Firm: Address: Telephone: E-Mail Address: City: Cell: City: Cell: State: ZIP: Fax: State: ZIP: Fax: CORRESPONDING SDP, SDPA, SIP INFORMATION This application shall be submitted in conjunction with one of the following: site development plan, site development plan amendment, or site improvement plan. PROJECT NAME/PL # IF KNOWN: PLANNER/PROJECT MANAGER, IF KNOWN: DATE OF SUBMITTAL OF SDP/SDPA/SIP: 30 P .i- Q 1/25/2019 Page 1 of 3 Packet Pg. 55 3.A.b Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 INFORMATION REGARDING DEVIATION REQUESTS A site plan with deviations for redevelopment provides a means for a redevelopment project to seek dimensional deviations (excluding height), architectural deviations, and deviations from site features, such as but not limited to, landscaping, parking, and buffers, from the standards established in the LDC when the passing of time has rendered certain existing buildings, structures, or site features nonconforming. A site plan with deviations may be requested for the redevelopment of a site which meets the criteria for a site development plan, site development plan amendment or a site improvement plan as established in LDC section 10.02.03. Except for the requested deviations, the site plan shall comply with LDC section 10.02.03. In accordance with LDC section 10.02.03 F, "redevelopment" shall mean the renovation, restoration, or remodeling of a building or structure, or required infrastructure, in whole or in part, where the existing buildings, structures or infrastructure were legally built and installed. DEVIATION REQUESTS The application must address the follow requirements. Please attach the required narratives and explanations. 1. A narrative of the redevelopment project and how it is consistent with the standards for approval, LDC section 10.02.03 F.7. 2. Description of each requested deviation and justification for each request. Requested deviations shall be clearly delineated in the petition. The LDC section for which the deviation seeks relief from shall be identified. 3. Must provide a coov of the building hermits and certificates of occuoancv for all buildings subiect to the DR application to verify the applicable Code at the time of construction. 4. Project enhancements to offset or minimize the deviations shall be clearly identified on the site plan and explanation provided. S. Deviation Request types: Zoning Deviation Requests - Check all that may be impacted by the request. ❑ Dimensional standards eight): �1 Parking aArchitectural 2 Landscape / Buffers ❑ Other site features: EEnggi ering Deviation Requests - Check all that may be impacted by the request. U Stormwater ❑ PP thways Transportation Planning ❑Other site features: '3a S I'll Lill f 1/25/2019 (excluding Page 2 of 3 Packet Pg. 56 3.A.b Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 SUBMITTAL REQUIREMENTS CHECKLIST REQUIREMENTS FOR REVIEW COPIES REQUIRED NOT REQUIRED Completed Site Development Plan with Deviations for 1 ® ❑ Redevelopment Application Completed SDP/SDPA/SIP application and all associated materials, 1 ® ❑ including all site plan documents. Copy for the Pre -Application Notes, if not submitted with 1 ® ❑ SDP/SDPA/SIP Affidavit of Authorization, signed and notarized 1 ® ❑ Electronic Copy of all documents and plans on CD If application is being submitted as a paper submittal. Not required 1 ❑ for electronic submittals. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARNG PROCESS: At the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated planner. Please contact the planner to confirm the number of additional copies required. FEE REQUIREMENTS '/ Site Plan for Redevelopment: $1,000.00 /Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00 All checks payable to: Board of County Commissioners The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department/Zoning Division ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 2 1/25/2019 Page 3 of 3 Packet Pg. 57 3.A.b AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20220000558 1, Barry Marshall (print name), as Manager (title, if applicable) of Viage Marinas, LLC (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 Jessica Harrelson, AICP and Richard Yovanovich, Esq. 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 t ted in it are true. 14- 911!2- i Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of []physical presence or [I online notarization this l .ct day of September , 20_2,2, by (printed name of owner or qualifier) Barry Marshall Such person(s) Notary Public must check applicable box: Q Are personally known to me M Has produced a current drivers license 0 Has produced Notary Signature CP\08-COA-00115\155 REV 3/4/2020 as identification. Jew= HaM519on Packet Pg. 58 N Q �> o �m o z � � Wo r—�—. 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C.7.c "Marinas and Boatyards," which requires all boat racks to be enclosed with a wall or fence, with boats not exceeding the height of the enclosure, to instead allow an enhanced Type 'D' landscape buffer and a solid 8' vinyl fence along Riverview Drive to screen the boats and boat racks. The enhanced 10' Type 'D' buffer shall consist of a row of Cabbage Palms 16'-24' in height (clear trunk) at time of planting, a row of Dahoon Hollies a minimum of 6' in height at time of planting, a row of Green Buttonwoods a minimum 10' in height at time of planting and spaced a maximum 30' on center, and a hedge that is a minimum 36" in height at time of planting and spaced 36" on center. Justification: The subject property has been utilized as a marina since the early 1970's, prior to the establishment of the Bayshore Zoning Overlay. Due to the size of the property, current code requirements contained within Bayshore Zoning Overlay, create significant constraints and challenges with proposed site improvements. Previous boat racks, ranging from ±20' to ±40' in height, were removed due to unsafe, poor conditions from 2018-2021. This deviation will allow the re -installation of boat racks on the subject property for storage, display and sales which are imperative to the operations of the existing marina. The new racks will also allow the site to function safely. All storage and marina operations will be removed from the lots located within the Accessory Parking Zone. The newly installed racks are '20 in height (+29 including a boat); therefore, less intense than the original on -site racks. The total land area available for the marina operations on the C-4 zoned lots is very limited, making it impossible to meet new design standards. The existing 6' chain link fence will be replaced with a solid 8' vinyl fence and enhanced landscaping will be also installed, which will be beneficial to the surrounding community by making the site more aesthetically pleasing. 2. Deviation #2 seeks relief from LDC Section 4.02.16. C.10.d "Outdoor Display, Sales or Storage," which permits a maximum height of 17' above existing grade for boats that are stored or on display, to instead allow a maximum height of 29' (20' boat racks and an additional 9' to accommodate the height of boats). Justification: Previous on -site boat racks ranged from 20' — 40' in height (up to 4-levels high). The requested boat racks are less intense than what previously existed on site. The additional 12' being requested will accommodate the various types of boats being stored on the property. Viage Bayshore Marina DR-PL2022000558 February 1, 2023 600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Packet Pg. 67 PENINSULAoi ENGINEERING � 3. Deviation #3 seeks relief from LDC Section 4.02.16. C.10.e "Outdoor Display, Sales or Storage," which requires outdoor display, sales and storage of boats that exceed a height of 6' to be setback at least 50 feet from a property line that is in view of property zoned or used for residential purposes, to instead allow a 15' setback from Riverview Drive and a 10' setback from Lakeview Drive. Justification: Due to the size of the existing property and location of existing structures, the proposed site improvements cannot meet a 50' setback. Views from surrounding residential properties are limited and will be improved with the solid 8'vinyl fence and enhanced landscaping that are proposed. A parking lot is located immediately north of the Marina site and a Convenience Store is located immediately south, both fronting eayshore Drive. 4. Deviation #4 seeks relief from LDC Section 4.02.16. C.10.g "Buffering Standards - Outdoor Storage, Display or Sales Areas," which requires a 10' Type 'B' buffer for outdoor storage areas to instead allow an Enhanced 10' Type 'D' buffer along Lakeview Drive consisting of a solid 8' vinyl fence, a hedge that is a minimum of 36" in height at time of planting and spaced 36" on center, a row of Cabbage Palms 16'- 24' in height (clear trunk) at time of planting, and Silver Buttonwoods 14' in height at time of planting and planted 10' on center. Justification: Existing asphalt, site improvements and the existing location of power lines make meeting this code requirement unfeasible. The existing 6' chain link fence will be replaced with a solid 8' vinyl fence and new landscaping will be installed to screen the marina from nearby property owners. 5. Deviation #5 seeks relief from LDC Section 4.02.16. C.10.g "Buffering Standards- Outdoor Storage, Display or Sales Areas," which requires a 10' buffer consisting of trees a minimum of 14' in height spaced 30' on center and a double hedge row 3' in height and spaced 3' on center for outdoor display or sales areas, to instead allow an enhanced 10' Type 'D' buffer along Riverview Drive consisting of a solid 8' vinyl fence, a row of clustered Cabbage Palms 16'-24' in height (clear trunk) at time of planting, a row of Dahoon Hollies a minimum of 6' in height at time of planting, a row of Green Buttonwoods a minimum 10' in height at time of planting and spaced a maximum 30' on center, and a hedge that is a minimum 36" in height at time of planting and spaced 36" on center. Response: Existing site improvements create challenges with meeting new code requirements. Enhanced landscaping, in conjunction with the solid 8'vinyl fence, are sufficient to screen the property from adjacent properties. The property has been utilized as a marina since the early 1970's. Viage Bayshore Marina DR-PL2022000558 February 1, 2023 600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Packet Pg. 68 PENINSULAoi ENGINEERING � 6. Deviation #6 seeks relief from LDC Section 4.02.16. C.10.g "Buffering Standards - Outdoor Storage, Display or Sales Areas," which requires a 10' buffer consisting of trees a minimum of 14' in height spaced 30' on center and a double hedge row 3' in height and spaced 3' on center for outdoor display or sales areas, to instead allow a 10' landscape buffer along Bayshore Drive consisting of a solid 8' vinyl fence and a hedge that is a minimum of 36" in height at time of planting and spaced 36" on center, and a row of Cabbage Palms 16'-24' in height (clear trunk) at time of planting and a row of Silver Buttonwoods 14' in height at time of planting to satisfy vegetation requirements. Justification: Existing site improvements create challenges with meeting this newly adopted code requirement. The existing 6' chain link fence, currently located on the property line along Bayshore Drive, will be removed. A new, solid 8' vinyl fence will be installed 3' off the property line which will provide ample space to accommodate improvements proposed with the Bayshore Beautification MSTU widening project (sidewalks, new landscaping and lighting). The relocation of the fence was a request by the Bayshore CRA to allow for the proposed roadway improvement project. Additionally, there is existing vegetation within the Bayshore right-of-way that will remain, providing additional vegetation and screening of the site. The boat racks will be screen by adding vegetation on the internal side of the fence. The existing 6' chain link fence is legal non -conforming; therefore, not required to be removed. The property owner is proposing the installation of a solid fence to address compatibility with adjacent properties. 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LLJ wi y WIN : �Z— a !mom 62 2 ( I § §/ \ § m / I Report Title: Code Case Details 3/31/2023 10:49:04 AM Case Number CELU20230001056 rSm Case Numbr CELU20230001056 Case Type: Land Use Priority: Normal Inspector: JohnJohnson Jurisdiction: Collier County Code Enforcement Origin: Field Observation Detail Description: Illegal outside storage Location Comments:12995 Francis Ave - 61481080002 Addressl3470 Bayshore DR, (BLDG) , Naples Property 148173280007 Contacts .111 Property OwnerIVIAGE MARINAS LLC Property Owner I VONWINDEGUTH, KIPP E 3.A.e Status: Open Date & Time Entered: 2/6/2023 11:26:14 AM Entered By: JohnJohnson Case Disposition- Case Pending Business Management & Budget Office Packet Pg. 81 Code Case Details Execution Date 3/31 /2023 10:4 B.A.e Desc Assigned Required Completed Outcome Comments Verify Complainant JohnJohnson 2/6/2023 2/6/2023 Not JohnsonJohn 02/06/2023 - Field Observatic Required referral from case # CEPM20230000858.//JJ 13 CE Case Research JohnJohnson 2/6/2023 2/6/2023 Complete JohnsonJohn 02/06/2023 - Cityview researc shows that there were no previous LU case for this parcel.//JJ13 Initial Inspection JohnJohnson 2/6/2023 2/6/2023 Violation(s) JohnsonJohn 02/06/2023 - Site visit on 3/3' Found I did witness illegal outside storage includin but not limited to construction materials, wood, block, screens, pvc pipe, an applianc glass aquarium, and 5 gallon buckets. Pho taken and uploaded.//JJ13 Attach Picture(s) JohnJohnson 2/6/2023 2/6/2023 Complete Record Violations JohnJohnson 2/8/2023 2/9/2023 Complete ...02/06/2023 - Site visit on 3/31. 1 did witne illegal outside storage including but not limit to construction materials, wood, block, screens, pvc pipe, an appliance, glass aquarium, and 5 gallon buckets.... Generate Notice of Violation JohnJohnson 2/9/2023 2/9/2023 Complete Personal Service Attempt JohnJohnson 2/10/2023 2/13/2023 Incomplete CE Mailing Donna.Gentsc 2/13/2023 2/13/2023 Complete Notarize & Scan AOP for NOV, Mail & Cert h Mail NOV... Mailed NOV reg & cert 7022 0410 0003 39E 3647 dg CELU20230001056 NOV JJ VONWINDEGUTH, KIPP E 2995 FRANCIS AVE NAPLES, FL 34112 Post Courthouse JohnJohnson 2/13/2023 2/13/2023 Complete Post Property JohnJohnson 2/13/2023 2/13/2023 Complete Affidavit of Service/Posting JohnJohnson 2/13/2023 2/13/2023 Complete NOV... Attach Picture(s) JohnJohnson 2/13/2023 2/13/2023 Complete AOP for NOV posting pies... CE Staff Review Donna.Gentsc 2/13/2023 2/13/2023 Complete Attached CELU20230001056 AOP dg h CE Staff Review Donna.Gentsc 2/13/2023 2/13/2023 Complete Attached CELU20230001056 AOM dg h CE Phone Call JohnJohnson 3/1/2023 3/1/2023 Complete Called complainant Felipe for case update. The eviction of the respondents brother fror the illegal shed has been adjudicated. CCS will be evicting any day. Owner Kipp will be returning to Naples in April. CE Staff Review Donna.Gentsc 3/2/2023 3/2/2023 Complete Green card NOV received 2/28/23 7022 04, h 1 0003 3961 3647 dg Business Management & Budget Office Packet Pg. 82 Code Case Details Execution Date 3/31 /2023 10:4 B.A.e Desc Assigned Required Completed Outcome Comments CE Phone Call JohnJohnson 3/7/2023 3/13/2023 Complete JohnsonJohn 03/13/2023 - 1 received a call from owner Kipp. The eviction notice is still not signed off by the judge to evict the famil member from the shed. Kipp returns to Naples on 4/3. He will then clear the prope of the illegal shed and illegal outside storag He asked to have until 4/15 to complete thi: work.//JJ 13 CE Staff Review JohnJohnson 3/29/2023 3/29/2023 Complete JohnsonJohn 03/29/2023 - Received call frc owner Ashley 3-27-23. The eviction notice has been signed by the judge. Owner now working with CCSO to have the violator evicted however he is violent. The owner Ki will be on -site April 3rd and will attempt to complete the eviction process with occupan (Brother). //JJ13 Re -Inspection JohnJohnson 4/5/2023 Pending ... 03/29/2023 - Received call from owner Ashley 3-27-23. The eviction notice has bee signed by the judge. Owner now working wi CCSO to have the violator evicted however he is violent. The owner Kip will be on -site April 3rd and will attempt to complete the eviction process with occupant. (Brother). //JJ 13 Violation Description Status Entered Corrected Amount Comments Prohibited Use NOV Issued 2/9/2023 $0 1 did witness illegal outside storage includin but not limited to construction materials, wood, block, screens, pvc pipe, an applianc glass aquarium, and 5 gallon buckets. Litter Public Nuisance NOV Issued 2/9/2023 $0 Title Reason Result Compliance Fine/Day Condition Business Management & Budget Office Packet Pg. 83 Report Title: Code Case Details 3/31/2023 10:52:18 AM Case Number CESD20210004109 Case Information Case Numbe CESD20210004109 Case Type: Site Development Priority: Normal Inspector: JohnJohnson Jurisdiction: Collier County Code Enforcement Origin: Complaint Detail Description: Bayshore CRA has received complaints regarding new boat racks being installed, noise and debris at the Marina located at the corner of Bayshore and Riverview. 3.A.e Location Comments:13470 Bayshore Dr Addressl3470 Bayshore DR, (BLDG) , Naples Property 148173280007 Property Owner VIAGE MARINAS LLC Status: Open Date & Time Entered: 4/23/2021 11:50:04 AM Entered By: JosephMucha Case Disposition Case Pending Business Management & Budget Office Packet Pg. 84 Code Case Details Execution Date 3/31 /2023 10:5 Desc Assigned Required Completed Outcome Comments Z Verify Complainant JosephMucha 4/23/2021 4/23/2021 Verified Complaint made via email from Bayshore Q CRA. Email attached to the case. w CE Case Research VirginieGiguer 4/23/2021 4/23/2021 Complete Jon, can you look into this today? W O e = no permits on file for boat racks VG12 U) Initial Inspection VirginieGiguer 4/23/2021 4/23/2021 Incomplete 4/23 1 made a site visit and observed at lea: m e 3 men installing a large boat rack. Photos w taken. I called Supervisor Mucha and O informed him of my findings and the on goir Q contractor licensing case for a fence issue. > reached out to James Reynolds who is working that case and let him know of this 0 issue. James said he would go out right am o I will put a follow up for area investigator Jo 0 Johnson to check on this on Monday. VG12 N Attach Picture(s) VirginieGiguer 4/23/2021 4/25/2021 Complete N e CE Staff Review day_n 4/23/2021 4/23/2021 Complete a A different complaint came in w/ additional information. Please see CELU2021000413: N Will be closed as a duplicate /nd T_ Initial Inspection Follow-up JohnJohnson 4/26/2021 4/26/2021 Incomplete JohnsonJohn 04/26/2021 - From CL Case: CECV20210004146 & Investigator James Reynolds: "...On April 23, 2021 1 received a Lu referral from Code Enforcement reference Q case CELU20210004133. Contact was mac U with Barry Marshall, Property Manager for tl Z Viage Marina, 239.707.1128. He stated that w new boat racks were being erected on -site 2 and that he was unsure if there was a perm V requirement. Barry stated that the racks we W movable and not affixed to the ground. He O LL stated that his employees were assembling Z the racks and then would move them to the w needed areas. Once on scene, I made LU contact with employees on site that O reciprocated Barry's statement. Pictures we U taken and brought to Plans Reviewer, Lisa ' Blacklidge. She determined that a permit wi required and that a site development plan Z may need to be remade. Barry Marshall we LU informed of the need for permitting. He stat( _ he understood and had no questions...".//J, U CE Phone Call JohnJohnson 4/27/2021 4/27/2021 Complete JohnsonJohn 04/27/2021 - On 4/26, 1 F_ received a call from Barry Marshall (owner). Q We discussed the open cases. I explained that the racks will still need to be vetted. HE c understood.//JJ 13 m E Initial Inspection Follow-up JohnJohnson 4/27/2021 4/27/2021 Incomplete JohnsonJohn 04/27/2021 - Site visit. I met with owner Barry Marshall. He showed me the movable boat racks. These racks are a Q used in Tin City. He sent me a video demonstrating the portability. Video & Phot attached to case. I explained to him that I would need to get a Building Determination see if these racks require permits.//JJ13 Business Management & Budget Office Packet Pg. 85 Code Case Details Execution Date 3/31 /2023 10:5 Desc Assigned Required Completed Outcome Comments Attach Picture(s) JohnJohnson 4/27/2021 4/27/2021 Complete CE Staff Review JohnJohnson 5/3/2021 5/3/2021 Complete JohnsonJohn 05/03/2021 - Prepare Buildin< Determination for J. Walsh for boat racks.//JJ 13 CE Staff Review AprilNugentV 5/4/2021 5/4/2021 Complete JJ wanted docs printed in color/AN EN CE Staff Review KimberlyBran 5/7/2021 5/7/2021 Complete Code Case Violation Determination Check des List Scan & Attach./KB CESD20210004109 7-2021 CCViolDetermChkList.pdf Initial Inspection Follow-up JohnJohnson 5/10/2021 5/10/2021 Violation(s) JohnsonJohn 05/10/2021 - Per Determinatii Found from Building Official J. Walsh (attached to the case), the Boat racks require permits. They may also require a modification to the SDP.//JJ 13 Attach Picture(s) JohnJohnson 5/10/2021 5/10/2021 Complete Record Violations JohnJohnson 5/10/2021 5/10/2021 Complete Personal Service Attempt JohnJohnson 5/11/2021 5/12/2021 Complete JohnsonJohn 05/12/2021 - Good Personal Service achieved with owner Barry Marshall.//JJ13 Generate Notice of Violation JohnJohnson 5/11/2021 5/11/2021 Complete Boat storage racks... CE Staff Review AprilNugentV 5/12/2021 5/12/2021 Complete Scan Respondent Signed NOV into case... EN CESD2021000410912MAY2021 NOV CE Staff Review JohnJohnson 5/21/2021 5/21/2021 Complete JohnsonJohn 05/21/2021 - 1 received a permit/SDP from Records Room Planning Technician Gilbert Baptiste (copy attached I case). I sent this with an email request to J Walsh & R. Bellows to see if this allow the Boat Racks without the owner doing an SDI I will monitor for a response.//JJ13 Attach Picture(s) JohnJohnson 5/21/2021 5/21/2021 Complete EM to J. Walsh & R. Bellows re: SDP... CE Staff Review JohnJohnson 6/15/2021 6/15/2021 Complete JohnsonJohn 06/15/2021 - Per conversatioi with G.C. Bill Buckner (239-280-8544) on 6, compliance efforts are being made includinc meeting with R. Paul to clarify anchoring questions for the boat racks. As such, the compliance date has been extended to 7/15/2021. Owner notified via email. Copy attached.//JJ 13 Attach Picture(s) JohnJohnson 6/15/2021 6/15/2021 Complete Compliance date extension email... CE Staff Review JohnJohnson 6/30/2021 6/30/2021 Complete JohnsonJohn 06/30/2021 - No permitting activities for boat racks. I will contact G.C. I Buckner (239-280-8544) for an update. Compliance date extended to 7/16.//JJ13 CE Phone Call JohnJohnson 6/30/2021 6/30/2021 Complete JohnsonJohn 06/30/2021 - I called G.C. Bill Buckner (239-280-8544) for an update on tl boat racks permitting. He said that there wf progressing albeit slowly. I will continue to monitor through extended compliance date 7/16.//JJ 13 Business Management & Budget Office Packet Pg. 86 Code Case Details Execution Date 3/31 /2023 10:5 Desc Assigned Required Completed Outcome Comments CE Staff Review JohnJohnson 7/16/2021 7/16/2021 Complete JohnsonJohn 07/16/2021 - City View reseal shows that PRBD20210733604 - Install (5) Boat Racks on Land -Code Enforcement Case#CESD20210004109 is PENDING. Permit will expire on 1/1 1/2022.//JJ1 3 CE Staff Review JohnJohnson 7/21/2021 7/21/2021 Complete JohnsonJohn 07/21/2021 - City View reseal shows that PRBD20210733604 - Install (5) Boat Racks on Land -Code Enforcement Case#CESD20210004109 has an INCOMPLETE APPLICATION. Permit will expire on 1/1 1/2022.//JJ 13 CE Staff Review JohnJohnson 8/5/2021 8/5/2021 Complete JohnsonJohn 08/05/2021 - Per conversatioi with owner Barry Marshall & his engineer B Bodnar, they will need separate permits for each boat rack as they are considered to be separate structures. They are in the proceE of finalizing the drawings and locating each rack on their survey.//JJ13 CE Staff Review JohnJohnson 8/24/2021 8/24/2021 Complete JohnsonJohn 08/24/2021 - City View reseal shows that there are now 5 permit applications on file for the 5 different boat racks: Reference Status Type Date Enter PRBD20210733604 Under Review Buildinc 07/ 15/2021 PRBD20210837750 Under Review Buildinc 08/09/2021 PRBD20210837751 Under Review Buildinc 08/09/2021 PRBD20210837753 Under Review Buildin( 08/09/2021 1 also received a phone call from owner Bar Marshall confirming this and also confirminc that the racks are now located in the exact positions required by the county.//JJ13 PRBD20210837754 Under Review Building 08/09/2021 CE Phone Call JohnJohnson 9/4/2021 9/4/2021 Complete JohnsonJohn 09/04/2021 - 1 received a call from the GC (Bill Bodnar) regarding the boa racks. The county has rejected the permits part due to requiring that the racks be raise 3 feet for FEMA elevation. I told Bill I woulc check with the Building Department and tha he and his engineer would probably need tc meet with the County Building Officials to hash this out.//JJ13 CE Staff Review JohnJohnson 9/5/2021 9/5/2021 Complete JohnsonJohn 09/05/2021 - Per City View, a 5 boat rack permits (identical structures) ha been rejected. Outstanding Corrections lets attached. I sent an email to owner Barry Marshall suggesting that he schedule a meeting with the County and his GC & Engineer to get further clarification. Copy attached.//JJ 13 Attach Picture(s) JohnJohnson 9/5/2021 9/5/2021 Complete Business Management & Budget Office Packet Pg. 87 Code Case Details Execution Date 3/31 /2023 10:5 Desc Assigned Required Completed Outcome Comments CE Staff Review JohnJohnson 9/29/2021 9/29/2021 Complete JohnsonJohn 09/29/2021 - 1 met with R. Pa to get further clarification on this case ahem of the meeting on 9/30.//JJ13 CE Staff Review JohnJohnson 9/30/2021 9/30/2021 Complete JohnsonJohn 09/30/2021 - Attended meetir with the owners of the marina and GMD departments related to the permitting of the racks. At the very least, a deviation from th Bayshore Overlay screening requirements x be required Mr. Marshall will meet the Bayshore CRA regarding this requirement.//JJ 13 CE Staff Review JohnJohnson 10/29/2021 10/29/2021 Complete JohnsonJohn 10/29/2021 - Marina owner Barry Marshall has contracted with Claudinf Auclair to help navigate through the SDPI a permitting processes including the architectural deviation from the Bayshore Overlay which will be required. C Auclair reported their update in an email received c 10/25 attached to this case.//JJ13 Attach Picture(s) JohnJohnson 10/29/2021 10/29/2021 Complete Viage Group progress update (email)... CE Staff Review JohnJohnson 11/30/2021 11/30/2021 Complete JohnsonJohn 11/30/2021 - I sent an email request to the principals involved requestinc an update on the SDPI submission. Copy attached to case.//JJ13 Attach Picture(s) JohnJohnson 11/30/2021 11/30/2021 Complete EM for SDPI update... CE Staff Review JohnJohnson 12/1/2021 12/1/2021 Complete JohnsonJohn 12/01/2021 - I received a response to my email request for a status update on the progress toward submitting tl required SDPI - copy attached to case. "...We received a second proposal and I wil be reaching out to discuss and review. Hop to have a decision by end of the week and move the project. I will ask for permit appro, once the application is submitted and reque a CO hold until the Site Plan with deviation: approved..." //JJ13 Attach Picture(s) JohnJohnson 12/1/2021 12/1/2021 Complete Email update re: SDPI submission... CE Staff Review JohnJohnson 12/28/2021 12/28/2021 Complete JohnsonJohn 12/28/2021 - Per email with Claudine (AUC Consultant) received on 12/19, "...The owners of the marina have selected an engineering firm to assist with t Site Plan with Deviations. Our first meeting will be the first week of January...". I will continue to monitor.//JJ13 Attach Picture(s) JohnJohnson 1/28/2022 1/28/2022 Complete CE Staff Review JohnJohnson 1/28/2022 1/28/2022 Complete JohnsonJohn 01/28/2022 - I sent an email request to Viage requesting an update and informing them that this case may go to the Feb 24 CEB Hearing.//JJ13 Assign Hearing Type JohnJohnson 2/2/2022 2/2/2022 Code Enforcemen t Board Hearing Business Management & Budget Office Packet Pg. 88 Code Case Details Execution Date 3/31 /2023 10:5 Desc Assigned Required Completed Outcome Comments Re -Inspection JohnJohnson 2/3/2022 2/2/2022 Requires JohnsonJohn 02/02/2022 - A pre-applicatioi Hearing meeting was held on 1/24 for Site Plan PL20220000558 with Deviations for Redevelopment (DR)- request to permit site improvements for compliance with the LDC Request includes deviations to required screening of the on -site boat racks (for dry boat storage), to permit the existing chain lii fence along the ROWs with additional landscaping and/or slats, to permit a reduction in the landscape buffer width alon Bayshore Drive, and to permit boat parking/storage within the Accessory Parkir Zone area of the site.//JJ13 CE Staff Review JohnJohnson 2/6/2022 2/7/2022 Complete JohnsonJohn 02/07/2022 - I completed the CEB Documents and sent them for review t Supervisor C. Perez.//JJ13 CE Supervisor Review (CE) perezcristina 2/7/2022 2/8/2022 Complete CE Legal Review IetourneauJ 2/8/2022 2/8/2022 Schedule I reviewed the packet and gave it t the for SM/CEB HearingTeam. JL#34 Schedule Case for Hearing helenbuchillon 2/8/2022 2/9/2022 Complete Case scheduled for the February 24, 2022 CEB Hearing — HB Generate Hearing Notice (CE) HelenBuchillo 2/9/2022 2/9/2022 Complete n Hearing Notice Service/Posting JohnJohnson 2/9/2022 2/10/2022 Complete JohnsonJohn 02/10/2022 - Posted Courthouse and served NOH on 2/9.//JJ13 CE Mailing Miriam.Lorenz 2/9/2022 2/9/2022 Complete NOH for the February 24, 2022 CEB Hearir o mailed regular and evidence packet mailed certified 7021 0950 0000 6365 3203./ML CE Staff Review Miriam.Lorenz 2/9/2022 2/10/2022 Complete AOM scan and attach./ML o CESD20210004109 AOM NOH Affidavit of Service/Posting JohnJohnson 2/10/2022 2/10/2022 Complete CE Staff Review Miriam.Lorenz 2/10/2022 2/10/2022 Complete AOP NOH scan and attach./ML o CESD20210004109 AOP NOH CE Staff Review JohnJohnson 2/17/2022 2/17/2022 Complete JohnsonJohn 02/17/2022 - CEB Case Hearing Presentation completed. Evidence uploaded to I Drive. Site visit. Photos takes and uploaded.//JJ13 Attach Picture(s) JohnJohnson 2/17/2022 2/17/2022 Complete Pre Hearing Inspection JohnJohnson 2/23/2022 2/23/2022 Complete JohnsonJohn 02/23/2022 - Violation remain per City View. I spoke with Vicki of AUC Consultant. The owner will attend the Hearing and sign a 120 day Stipulation.//JJ Business Management & Budget Office Packet Pg. 89 Code Case Details Execution Date 3/31 /2023 10:5 Desc Assigned Required Completed Outcome Comments Record Hearing Results HelenBuchillo 3/1/2022 2/28/2022 Complete 2/24/22 Respondents were not present. Coi n Enforcement Board found the respondents violation and ordered to abate all violations by: Obtaining all required Collier County Building Permit(s), or Demolition Permit, Inspections, and Certificate of Completion/Occupancy for the unpermitted boat storage racks on or before June 24, 2022 or a fine of $200.00 per day will be imposed for each day the violation remains thereafter and pay operational costs for the prosecution of this case in the amount of $59.21 on or before March 26, 2021. — HB CE Mailing HelenBuchillo 3/14/2022 3/14/2022 Complete Mailed copy of FF Order (not recorded) to n respondent from the February 24, 2022 CEI Hearing — HB Generate Hearing Results Notice HelenBuchillo 4/25/2022 4/25/2022 Complete 4/25/22 Findings of Fact Stipulation Order (CE) n attached, OR 6102 PG 1043 — HB 3/14/22 Scanned & attached FF Stipulation Order (not recorded) from the February 24, 2022 CEB Hearing and sent Order to be recorded - HB Post Hearing Re -Inspection JohnJohnson 6/25/2022 6/27/2022 Non- JohnsonJohn 06/27/2022 - Violation remain Compliant City View research shows that SDPI (PL20220004489) was submitted on 6/23 a is currently under review. The SDPI includ( the following: The project scope includes replacing boat racks on the subject property from 4-racks high to 2-racks high, and to update fencing and buffering to screen the racks from adjacent properties. The site is located within two (2) different zoning distric (C-4-BZO-W and RMF-6-BZO-R2/Accessor Parking Zone). The C-4 zoned portion of th property, fronting Bayshore Drive, has beer developed as a marina since the early 197C In 2001 a Site Development Plan (SDP-200 AR-1873) was approved to permit parking fi the marina on the adjacent residentially zon properties, also located within the Accessor Parking Zone. The approved site plan illustrates existing conditions on the marina site, including the location of multiple boat racks (4-racks high). Note, there is not an increase in the number of boats being store on the marina property. All marina operatio will be contained within the C-4-BMUD-W zoned properties. Vehicular parking only w occur within the residentially zoned lots.//JJ Update Picture(s) JohnJohnson 6/27/2022 6/28/2022 Complete Pics of Boat racks... Not Applicable HelenBuchillo 6/27/2022 6/27/2022 Not n Required CE Staff Review JohnJohnson 8/22/2022 8/22/2022 Complete JohnsonJohn 08/22/2022 - I sent an email t Planning Technician Valerie Kullick for an update on the progress of PL20220004489 Viage Marine SDPI. In my conversations w Barry Marshall, he thought they were close approcal.//JJ 13 Business Management & Budget Office Packet Pg. 90 Code Case Details Execution Date 3/31 /2023 10:5 Desc Assigned Required Completed Outcome Comments CE Staff Review JohnJohnson 9/16/2022 9/16/2022 Complete JohnsonJohn 09/16/2022 - I sent a follow-u email to Planning Technician Valerie Kullick for an update on the progress of PL20220004489 - Viage Marine SDPI.//JJ1 CE Staff Review JohnJohnson 10/5/2022 10/5/2022 Complete JohnsonJohn 10/05/2022 - Recent submitte for SDPI PL20220004489 have been receiv and responded to by the county (copies attached). The SDPI does address the racl and it appears the only outstanding issue w the racks is "screening" and location as thei is no structural issues. I will continue to monitor.//JJ 13 Attach Picture(s) JohnJohnson 10/5/2022 10/5/2022 Complete CE Staff Review JohnJohnson 10/19/2022 10/19/2022 Complete JohnsonJohn 10/19/2022 - As SDPI PL20220004489 gets closer to approval, thi county has reactivated all 5 boat rack permi These permits will expire on 11/27. 1 will continue to monitor.//JJ13 Re -Inspection JohnJohnson 11/23/2022 11/23/2022 Non- 11/23/22 - City View research shows that Compliant SDPI (PL20220004489) was submitted on 6/23 and is in 'Resubmit - Open for upload: status. The SDPI includes the following: TI project scope includes replacing boat racks on the subject property, from 4-racks high tc -racks high, and to update fencing and buffering to screen the racks from adjacent properties. There is currently five permit applicaitons for the boat racks in rejected status with an expiration date of 11/27/22. Re -Inspection JohnJohnson 1/9/2023 1/9/2023 Non- JohnsonJohn 01/09/2023 - I spoke to owne Compliant Barry Marshall. He stated that they have agreed to all conditions that were requestec by the county and now await final approval SDPI (PL20220004489). The SDPI include the following: The project scope includes replacing boat racks on the subject property from 4-racks high to 2-racks high, and to update fencing and buffering to screen the racks from adjacent properties. There is currently five permit applications for the boe racks in rejected status with an expiration date of 11 /27/22.//JJ 13 Business Management & Budget Office Packet Pg. 91 Code Case Details Execution Date 3/31 /2023 10:5 Desc Assigned Required Completed Outcome Comments Re -Inspection JohnJohnson 2/10/2023 2/13/2023 Non- JohnsonJohn 02/13/2023 - Planning: Compliant PL20220000558 — Entered on 1/24/22. Sit( Plan with Deviations for Redevelopment (DI request to permit site improvements for compliance with the LDC. Request include: deviations to required screening of the on-s boat racks (for dry boat storage), to permit t existing chain link fence along the ROWs w additional landscaping and/or slats, to perm a reduction in the landscape buffer width along Bayshore Drive, and to permit boat parking/storage within the Accessory Parkir Zone area of the site. PL20220004489 — st under review, last submittal 02/2022. The overlay has two sections that apply to the storing of boats — LDC Section 4.02.16.C.7/10. The SDPI will not be approved until the DR is approved. What w be approved on the DR depends on once it goes to the HEX. Boat racks are permitted but the height is the issue. Screening also depends on the overlay and the HEX decision. The swale is supposed to be reestablished per the SDPI.//JJ13 CE Staff Review JohnJohnson 3/6/2023 3/6/2023 Complete JohnsonJohn 03/06/2023 - City View reseal shows that PL20220004489 is still being processed for approvals. The project scopE includes replacing boat racks on the subjec property, from 4-racks high to 2-racks high, and to update fencing and buffering to scre( the racks from adjacent properties. The sit( is located within two (2) different zoning districts (C-4-BZO-W and RMF-6-BZO- R2/Accessory Parking Zone). The C-4 zone portion of the property, fronting Bayshore Drive, has been developed as a marina sin( the early 1970s. In 2001 a Site Developme Plan (SDP-2001 -AR-1 873) was approved tc permit parking for the marina on the adjacei residentially zoned properties, also located within the Accessory Parking Zone. The approved site plan illustrates existing conditions on the marina site, including the location of multiple boat racks (4-racks high Note, there is not an increase in the numbe of boats being stored on the marina propert All marina operations will be contained with the C-4-BMUD-W zoned properties. Vehicular parking only will occur within the residentially zoned lots.//JJ13 CE Legal Review helenbuchillon 3/31/2023 Pending 6/27/22 On list to check if need to schedule for next CEB IOF. — HB Check if abated by the date ordered, if not K on list to check if need to schedule for next CEB IOF. — HB Business Management & Budget Office Packet Pg. 92 Code Case Details Execution Date 3/31 /2023 10:5 Desc Assigned Required Completed Outcome Comments Re -Inspection JohnJohnson 4/6/2023 Pending ...03/06/2023 - City View research shows th PL20220004489 is still being processed for approvals. The project scope includes replacing boat racks on the subject property from 4-racks high to 2-racks high, and to update fencing and buffering to screen the racks from adjacent properties. The site is located within two (2) different zoning distric (C-4-BZO-W and RMF-6-BZO-R2/Accessor Parking Zone). The C-4 zoned portion of th property, fronting Bayshore Drive, has beer developed as a marina since the early 197C In 2001 a Site Development Plan (SDP-200 AR-1873) was approved to permit parking ffi the marina on the adjacent residentially zon properties, also located within the Accessor Parking Zone. The approved site plan illustrates existing conditions on the marina site, including the location of multiple boat racks (4-racks high). Note, there is not an increase in the number of boats being store on the marina property. All marina operatio will be contained within the C-4-BMUD-W zoned properties. Vehicular parking only w occur within the residentially zoned lots.... Violation Description Status Entered Corrected Amount Comments Building Permit LDC NOV Issued 5/10/2021 $0 Boat storage racks have been constructed without the required permitting. Hearings Title Reason Result Compliance Fine/Day Condition Code Enforcement Board Hearing on 02/24/2022 Code Review Guilty $0 CEB Ops Costs - HB Business Management & Budget Office Packet Pg. 93 PENINSULA�� ENGINEERING � Viage Bayshore Marina Conditions of Approval 1. There shall be no marina operations or boat/trailer parking permitted within Accessory Parking Zone 2. Site lighting shall be shielded to protect adjacent residential properties from light pollution. 3. Hours of operation shall be limited to 7:30am — 6:00pm daily. 4. The site shall not store, or display, more than a total of 90 boats on -site. 5. Boat repairs shall be limited to incidental boat repairs only and shall not occur within the Accesso Parking Zone. Major boat repairs are prohibited. 6. Docked boats shall not extend any distance greater than the length of the docks to prohibit docked boats from extending past the property line. 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Packet Pg. 94 NOTICE OF PUBLIC HEART Notice is hereby given that a public hearing will be held by the Collier County 3'A'g er (HEX) at 9:00 A.M., April 27, 2023, in the Hearing Examiner's Meeting Room, at 2800 Horseshoe Drive North, Room 609/610, Naples, FL 34104 to consider: PETITION NO. DR-PL20220000558 - VIAGE BAYSHORE MARINA - A REQUES APPROVAL OF A SITE PLAN WITH DEVIATIONS PURSUANT TO LDC SECTION 10. AND SEEKS FOUR DEVIATIONS: (1) FROM LDC SECTION 4.02.16.C.7.0 TO IN ALLOW AN ENHANCED TYPE 'D' LANDSCAPE BUFFER AND A SOLID 8 FOOT FENCE ALONG RIVERVIEW DRIVE TO SCREEN THE BOATS AND BOAT RACKS; (2] LDC SECTION 4.02.16.C.10.D TO INCREASE THE MAXIMUM HEIGHT OF 17 FEE STORED OR DISPLAYED BOATS TO 29 FEET; (3) FROM LDC SECTION 4.02.16.C.1 REDUCE THE REQUIRED 50 FOOT SETBACKS TO A 15 FOOT SETBACK FROM RIVE DRIVE AND A 10 FOOT SETBACK FROM LAKEVIEW DRIVE; AND (4) FROM LDC SE 4.02.16.C.10.G TO INSTEAD ALLOW AN ENHANCED 10 FOOT TYPE 'D' BUFFEF AN 8 FOOT SOLID VINYL FENCE ALONG LAKEVIEW DRIVE, RIVERVIEW DRIVI BAYSHORE DRIVE, WITH EACH STREET BUFFER CONSISTING OF SPECIFIC PLE AND VEGETATION REQUIREMENTS, FOR THE REDEVELOPMENT OF VIAGE BAY MARINA, CONSISTING OF ±1.48-ACRES AND LOCATED AT 3470 BAYSHORE NAPLES, FL 34112, ALSO KNOWN AS LOTS 25, 26, 27, AND 28, BLOCK 4, AND LO. 3, AND 4, BLOCK 5, GULF SHORES SUBDIVISION, IN SECTION 14, TOWNSHIP 50 Ic RANGE 25 EAST, COLLIER COUNTY, FLORIDA. All interested parties are invited to appear and be heard. All materials used in presentatioi the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one (1) week prior to the hearing. The file can be revil the Collier County Growth Management Community Development Department, Zoning I 2800 North Horseshoe Drive, Naples, FL 34104. As to any petition upon which the Hearing Examiner takes action, an aggrieved petitior appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier Coun of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An ac non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier within 30 days of the decision. In the event that the petition has been approved by the Examiner, the applicant shall be advised that he/she proceeds with construction at his/her during this 30-day period. Any construction work completed ahead of the approval authc shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will h opportunity to provide public comments remotely, as well as in person, during this proc Individuals who would like to participate remotely should register through the link c within the specific event/meeting entry on the Calendar of Events on the County we www.colIiercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is poste( County website. Registration should be done in advance of the public meeting, or any c specified within the public meeting notice. Individuals who register will receive an advance of the public hearing detailing how they can participate remotely in this meeting. participation is provided as a courtesy and is at the user's risk. The County is not rest for technical issues. For additional information about the meeting, please call Geoffrey' (239) 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. If you are a person with a disability who needs any accommodation in order to pai in this proceeding, you are entitled, at no cost to you, to the provision of certain ass Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr, Florida 34104, (239) 252-2400, at least two (2) days prior to the meeting. )R ,^ 3.F � 4D p YL )M Q )R z TO W :W �N TH LU 4D 5 VG = RE U) 1E, 2, on 'H W 0 Q O O O O O O O N N O N J IL ti N T_ O N U) 0 I- 0 z IL z C9 X W 2 08 0 Q J Q C9 W J u_ I— z W 2 U Q H H Q c E t ca ire at Dn, iay ,de ,ed 'Ity Ing isk Ion :he 19. led at :he ine in ate ble at ate Q :;e. _.es, Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida Packet Pg. 96 3.A.g SIGN POSTING INSTRUCTIONS (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s 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 Jessica Harrelson 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 DR-PL20220000558 ;SIGNATU E OF APPLIC T OR AGENT �- V Jessica Harrelson, AICP NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER 2600 Golden Gate Parkway STREET OR P.O. BOX Naples, FL 34105 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 4th day of April 20?3 , by as Jessica Harrelson personally known to me oCw Mprodud—identification and who did/did not take an oath. ' Signature of Notary Public Lyommission Pearl M Bianchi Commission # GG 928804 Commission Expires 11-04-2023 Bonded Through - Cynanotary Florida - Notary Public xpires: (Stamp with serial number) a�c�,; Printed Name of Notary Public Rev. 3/4/2015 Packet Pg. 97 30VIn - SSSOOOOZZOZ-ld : LUSZ) SOlOHd NOIS X3H V a`d IV03-1 - 3 1N3WHO`dll`d :IUGWL4:)e)IV i' i 1 ' 'Lill W • y T • 1 � 1. i 4# 1 a Z_ a W (b LO Oo = o o a N 0] W J a Q� > ❑ 30VIA - OSSOOOOZZOZ-ld : LUSZ) SOlOHd NOIS X3H'8 (3'd TV93-1 - d 1N3WH3V-L-LV :;uGwt43e;;d a z ry a w Of O 2 U) a m co 0 0 0 0 N N O N J a 30VIA - OSSOOOOZZOZ-ld : LUSZ) SOlOHd NOIS X3H'8 d'd TV93-1 - d 1N3WH3V-L-LV :;uGwt43e;;d a z a W 00 Oo =o 0 �� 00 o W J Oa Qry >o