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HEX Final Decision 2023-14HEX NO. 2023-14 HEARING EXAMINER DECISION DATE OF HEARING. April 27, 2023. PETITION. 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 =L1.48-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. GENERAL PURPOSE FOR THE PETITION. The Petitioner desires to improve the Viage Bayshore Marina (Marina) and is requesting a Site Plan with Deviations for Redevelopment (DR) to permit the reinstallation of boat racks on the C- 4 zoned Marina lots to continue marina business operations at the property. The improvements to the Marina require four deviations from the County's Land Development Code (LDC). For clarity and analysis, the deviations are classified into four (4) primary and two (2) secondary. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 of the Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the County Administrative Code. 2. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. Page 1 of 10 3. The public hearing was conducted electronically and in -person in accordance with Emergency/Executive Order 2020-04. 4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi - Judicial Public Hearing Waiver related to conducting the public hearing electronically and in - person. 5. The notice for the April 27, 2023, Hearing Examiner hearing was provided by newspaper advertisement and mailed notice to owners within 500 feet of the site. 6. At the public hearing, the County Staff presented the Petition followed by the Petitioner and/or Petitioner's representative, public comment and then rebuttal by the Petitioner and/or Petitioner's representative. Public comment focused on the noise generated from the Marina operations, using local public streets for moving boats stored at the Marina, blocking public sidewalks abutting the Marina, the poor condition of the fence around the Marina property, and the intensity of marine traffic within the narrow residential canal connecting Naples Bay to the Marina. 7. The subject property (Parcel #48173280007) is ±1.48-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. Lots 1, 2, 27, and 28, along Bayshore Drive, contain the commercial aspects and boat storage of the Marina. Lots 3, 4, 25, and 26, along Lakeview and Riverview Drives, are used for off-street parking. A narrow canal extends through the adjacent residential neighborhood and terminates within the Marina property. Patrons dry store their boats on the property and use the canal to access Naples Bay, roughly a 15-to-20-minute trip at idle/no wake speed and depending on tides and other factors. Patrons can return to the Marina and moor their boats at the Marina dock after business hours, even after sunset, and the boats are returned to dry storage when the Marina reopens. Boats are transported between the waterway and dry storage via a forklift. While the Marina site is secured by a fence, patrons are given self-service access through gates after business hours. A marina with accessory boat sales and repairs has been in operation at this site since 1973. 8. While the marina and off-street parking use is allowed by the current zoning, overlay zoning, and the approved site development plan, because of site constraints, the specific enhancements to the Marina necessitate the requested deviations. 9. The Marina is "water dependent" and by definition a "recreational and commercial working waterfront." Conservation and Coastal Management Element Policy 10.1.2 of the County's Growth Management Plan reads "Identify recreational and commercial working waterfronts and then investigate strategies for possible implementation, as feasible, to ensure protection and preservation of those waterfronts." (Emphasis supplied). 10. "Recreational and commercial working waterfront" means a parcel or parcels of real property that provide access for water -dependent commercial activities or provide access for the public to the navigable waters of the state. Recreational and commercial working waterfronts require direct access to or a location on, over, or adjacent to a navigable body of water. The term includes water -dependent facilities that are open to the public and offer public access by vessels Page 2 of 10 to the waters of the state or that are support facilities for recreational, commercial, research, or governmental vessels. These facilities include docks, wharfs, lifts, wet and dry marinas, boat ramps, boat hauling and repair facilities, commercial fishing facilities, boat construction facilities, and other support structures over the water. §342.201(2)(b), F1a.Stat., (Waterfronts Florida Program). 11. LDC Sec. 10.02.03.F.7(10) emphasizes achieving compatibility between the Marina and surrounding residential uses: "Approval of the deviation will not have an adverse effect on adjacent properties." "'Compatibility' means a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition." § 163.3164(9), Fla.Stat., (Community Planning Act; definitions). ANAT.VCTC The petitioner is seeking four (4) deviations from the LDC requirements, which are classified and analyzed as four (4) primary and two (2) secondary.' 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. The record evidence and testimony from the public hearing reflects that 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 ±40', were recently removed due to unsafe, poor conditions. This deviation will allow the re -installation of new, safer boat racks on the subject property for storage, display, and sales which are imperative to the operations of the 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 (129 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 and address compatibility issues by making the site more aesthetically 'The Hearing Examiner's findings are italicized. Page 3 of 10 pleasing. There will be no detrimental impact to the surrounding area. This deviation is site - specific as represented on the Site Plan. Proposed Deviation #2 seeks relief from LDC Section 4.02.16. C.1 O.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). The record evidence and testimony from the public hearing reflects that 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. There will be no detrimental impact to the surrounding area. Proposed Deviation #3 seeks relief from LDC Section 4.02.16. C.IO.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. The record evidence and testimony from the public hearing reflects that 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. There will be no detrimental impact to the surrounding area. Proposed 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. The record evidence and testimony from the public hearing reflects that 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. There will be no detrimental impact to the surrounding area. This deviation is site -specific as represented on the Site Plan. 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 Page 4 of 10 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. The record evidence and testimony from the public hearing reflect that 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. There will be no detrimental impact to the surrounding area. This deviation is site -specific as represented on the Site Plan. Proposed 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 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. The record evidence and testimony from the public hearing reflects that 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 link fence 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. There will be no detrimental impact to the surrounding area. This deviation is site -specific as represented on the Site Plan. Section 10.02.03.F.7 Criteria The County's LDC Sections 10.02.03.F.7 lists the ten (10) criteria for a Site Plan with Deviations. The Hearing Examiner may approve, approve with conditions, or deny the request upon review and evaluation of the criteria in the Collier County Land Development Code.2 1. Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. 'The Hearing Examiner's findings are italicized Page 5 of 10 The record evidence and testimony from the public hearing reflects that 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. 2. The proposed development is consistent with the Growth Management Plan. The record evidence and testimony from the public hearing reflects that pursuant to 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. It is also consistent with the policy in the Conservation Element of the Growth Management Plan that seeks to retain working waterfronts. 3. 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 record evidence and testimony from the public hearing reflects that 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 as a working waterfront marina. 4. 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 record evidence and testimony from the public hearing reflects that 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. 5. Streets, utilities, drainage facilities, recreation areas, sizes and yards, architectural features, vehicular parking and loading facilities, sight distances, landscaping and buffers shall be appropriate for the particular use involved. The record evidence and testimony from the public hearing reflects that public infrastructure is in place to accommodate the existing development. Appropriate setbacks, enhanced buffers, and locations for loading are proposed and/or existing. 6. 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. The record evidence and testimony from the public hearing reflects that the visual character of the property will be enhanced with the proposed redevelopment, particularly the enhanced landscaping and new vinyl fence enclosing the Marina property. 7. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. The record evidence and testimony from the public hearing reflects that the property is under common ownership and will be regularly maintained. Page 6 of 10 8. 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. The record evidence and testimony from the public hearing reflects that 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. 9. The petitioner has provided enhancements to the development. The record evidence and testimony from the public hearing reflects that enhancements have been proposed to the development in lieu of current code requirements. 10. Approval of the deviation will not have an adverse effect on adjacent properties. The record evidence and testimony from the public hearing reflects that 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 use on the property. Additionally, the conditions expressed below as part of this decision are directed at achieving compatibility between the Marina and the adjacent residential uses. Landscape Review The record evidence and testimony from the public hearing reflects that 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 The record evidence and testimony from the public hearing reflects that 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 EA scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Conservation and Coastal Management Element (CCME) The record evidence and testimony from the public hearing reflects that the environmental review has found this project to be consistent with the CCME. The project site is not required to set aside a preserve area. Conclusion Based on a review of the record including the Petition, application, exhibits, the County's staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner's representative(s), County staff and any given by the public, the Hearing Examiner finds that there Page 7 of 10 is enough competent, substantial evidence as applied to the criteria set forth in Sections 10.02.03.F.7. of the LDC to approve Petition. DECISION. The Hearing Examiner hereby APPROVES Petition No, DR-PL20220000558, filed by Jessica Harrelson, AICP of Peninsula Engineering, representing the applicant, Viage Marinas, LLC, and described as ±1.48-acres, 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, for the following: • An application for approval of a site plan with deviations and seeks four deviations: (1) 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) to increase the maximum height of 17 feet for stored or displayed boats to 29 feet; (3) 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) 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. Said changes are fully described in the proposed Site Plan with Deviations attached as Exhibit "A" and enhanced Landscape Plan attached as Exhibit `B" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A — Site Plan with Deviations Exhibit B — Enhanced Landscape Plan Exhibit C — Marina Rules and Regulations LEGAL DESCRIPTION. +-1.48-acres, 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 CONDITIONS. 1. All other applicable state or federal permits must be obtained before commencement of the development. Page 8 of 10 2. There shall be no marina operations or boat/trailer parking permitted within Accessory Parking Zone. 3. Site lighting shall be shielded to protect abutting and adjacent residential properties from light pollution. 4. Hours of operation shall be limited to 7:30am — 6:00pm daily. 5. The site shall not store, or display, more than a total of 90 boats on -site. 6. Boat repairs shall be limited to incidental boat repairs only and shall not occur within the Accessory Parking Zone. Major boat repairs are prohibited. 7. Docked boats shall not extend any distance greater than the length of the docks to prohibit docked boats from extending past the property line. 8. All public sidewalks abutting the property shall be clear from obstructions, including parked cars. 9. The new vinyl fence and landscaping surrounding the property shall be high quality and consistently maintained and not allowed to fall into disrepair. 10. All patrons who store boats at and use the marina waterways shall be required to acknowledge by signature receipt of the Marina's rules and regulations, substantially in the form of attached Exhibit C. The Petitioner shall be responsible for enforcing the Marina's rules and regulations. The primary purpose of the Marina rules and regulations is to minimize adverse impacts to the property and quality of life of the adjacent and abutting residences, particularly those who share the waterway and residential streets with the Marina. DISCLAIMER. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS. This decision becomes effective on the date it is rendered. An appeal of this decision shall be done in accordance with applicable ordinances, codes and law. Page 9 of 10 RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. Date Andrew Dickman, Esq., AICP Hearing Examiner Page 10 of 10 EXHIBIT "A" INSUBSTANTIAL CHANGE TO SDP 2001-AR-1873 VIAGE BAYSHORE MARINA PART OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA 4 A wAm.wPN., a N I 6 SITE SITE LOCATION LOCATION VICINITY MAP LOCATION MAP OWNER/DEVELOPER VIAGE MARINAS, LLC 17913 SPENCER ROAD ODESSO, FL 33556 SuospinecoR1 PENINSULA ENGINEERING CIVIL ENGINEERING • UNDSCAPEARCKMCDRE ENVIRONMENTAL CONSULTING LANDFILAINNG SE PUNNING ECTtANAGMENT OWNER RMSENTATIrvE R VIAGE BAYSHORE MARINA PERMIT PLANS COVER SHEET SHEETINDEX n cwrnsNezr NOTE D AND —AIDND—AND F—rAP —.—TAD"'. G �� AND ars+z�um..ewas.aDv .AccorewNDroTNe Pur menea llecoPceD uTDODX.. PAGE m. Pu°uc NECDRDsoFcowcn c°uNrr, Fww�� 1NE.ewE DESpaDEe AN AREA OF APPROXwAT¢V wpea 9punE FEES OP tIEAGtE90F UN0. sUDJEtttOEA5El1ENf5. RES1EpLTIOx:ANDIIE°EINATpN46 NEDgiO. .awwwr.... 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WALL HIGH I n,w,I AYND'u C CONTRACTOR To G NEErS cooRWI PLANNING UlU)UOHT UP TO ALON`IEEDEDTHE � 3{ r RIVERVIEW DRIVE (PUBLIC) EHONYN WWI CORONATION PURPMEIS ONLY REFERENCE THE R,O.W, T PLAINS FOR CONSTRUCTION WCEYN COLLIER COUNTY PPoI OR TOCOI STRUCTION ER COUNTY R. yy IS e 0, 1 Y n Q j� AT _ - BOAT RA[ TRACKAO eePROPOSEDPMNn Ae�� � SO Dd� a I OFF PROPERONES TE WUK — I LANE / ' BOATTRACKS PD RACKS I�PRDNIDED e — lAGMDLEBaAT ® 161 LA"D.L E TOTAI I W �® I DF IDTo \ mP iAu — y \ OUTDOOR AND JULES SAIEs NDECAPE DUFF[P Q \\ MNvPflFoAroDED ENce \ I I W o `OCAVEDWFFPRCPRJ L�m""NdE ORA IANDSOML I\llO I® WAAi RNox"I 24 e as is I _ Q �l SIANOBOAPC INIMG j reILBDnnBDI.AR.,m �� II OUTDDOlt Ix 2 STORAGE N. ® ® \\ LtlBTINOBMLDBIp I I GOATRASED In -0-_iWGCPE110LOPOGSTEEDD PGNFENEYTL oA�m OUTDOOR BATa]DKM a RDPOCaI"�OE�Eu OFF PRRTIUNE OFF PROPERTY UK � ® ANCEDTYPED LANDSe VNOBCAPEBUFFEP OID T ENHANCED TYPE D LAND CAPEDUFFER LAKEVIEW DRIVE OR aN SPUR ONWRRE THENOW CONSTRUCTION WITHIN COLUOR COUNTY (PUBLIC) PRIOR TO CONSTRUCTION WITHIN THE COUNTY FROM m O N m Li_ o K U DEVIAnoNs: f. DEVIATION Yi SEEKS flEYJEF FROM LDC SECTON 1.03.10. C.].L'IMWNAS AND 00ATYARIAS; WMILX REOUIRESALL BRAT RACKS TO BE ENCLOSED WITHA WALL OA FENCE WITHBWTS .ylnl. NOT IXCEEdNG THE NEIOMOF THE ENCLOSURE, TO INSTEAD ALLOW AN ENHANCED TYPf TXF POATS AND BOAT PACN KS THE ENHAN UFFFR RHAIL CON.4ST OF AkaFODS A NAMED AM TU IN 7W�CHT AT TIME OF PLANTING OF FLAMING AND I r��o:A� .,MG TEI SPACED 98' ON CENTER. At I ENTER ON PLANTING AND SPI MY ON EFN7EN, AND A NOW OF GAINS e2 OEVIAnON 1RSEEKS RELIEF FlIOM LDCSECfKNJ tD1.10. C.tO.D'OUIDOOR gSRAY.5ALE5 OR STORAGE• WNICH PERMITS A III III HEIGMOF 1T ABpVE NO GRADE FOR BOATSTIUT ARE STORED OR ON OISRAY,TOINSTEAD ALLOW A MAKIMUM HFGM OF M' AT R P eJ. pEWARON A'J SEEKS RELIEF FROM LOC SECDON 4.0218. 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SALES AREAS, TO INSTEAD ALLOW AN ENHANCED ,PttPE b BUFFER ALONG W VERNEW DRIVE OC�ST FA ou0 VINYL FENCE AR - D HNA FVALMS IK >J'N HF. IdFnR TRUNKIAT TIME OF PUM No D HooN Hou E54M NMLM OFF �F aHr.r nAnF OF RANnI�c i,ND SPAc�D - ceivrcR�ANon Hroc.E THAT ® MUM -NHE HTATTIME PAN DT' FNTFH, B DEVIATION YB SEEKS RELIEF FROM IOC SECTON 0210. L.tOG'BUFFERIND STANDARDS OUTDOOR STORAGE gSPLAY OR SALES AREAS.• WNldl REQUIRES A la WFFER TING OF TREES A MINIMUM OF OF lA' IN HEIGHT SPACED JP ON CENTER AND A DOUBLE HEDGE ROW TIN MEIGHTAND SPACED J' ON CENTER FOR OUTDOOR gSRAY OR SALES ARFAS,T INSTEAD At I. AIP LAN PEBUFFER AI N MV RE DRLVF CONgSRNG OF A SOLID K VINYL FENCE AND A HEDGE 1H41 LS A MINIMUM OP IN HEIGHT AT HEIGM TfluNKI AT TIME OF PJ.NTNG P VIAGE BAYSHORE MARINA SITE PLAN DE IATI ONS VIAGE MARINAS. LLC EXHIBIT "B" SITE DEVELOPMENT PLAN FOR VIAGE BAYSHORE MARINA PART OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA gg � t �•y"yjj� 4 1'4��� � �'�'„"..ti �� �,. , � . `. } p �J�.' j ft� tf €A 'ya..,�� �:..'.�i�,�' i{�'C°.w "'G `� .'P�✓'"1»..A�,f,7..3.rw ��a....�.w VICINITY MAP LOGATION MAP OWNER/DEVELOPER VIASE MARI NA5, LLC 17913 SPENCER RD ODESSO, FL 33556 snnshinam PEN I N S U L A ENGINEERING CIVIL ENGINE.ERINO - IANL]SCAPE ARCMITECTVRE ENVIRONMENTAL CONStllilrvO UNNAGWEINT SfIE PLANNING - CRRLPRESENTA MANA0ELIENT - OLVN[R RCPRESENTATIL'E VIAGE BAYSHORE MARINA ENHANCED LANDSCAPE SET COVER SHEETINDEX -d6l001 L-� tNGINttKI� IAKL o., ..,, ua .,^,.T V IAG E BAYSHORE MARINA ENHANCED LANDSCAPE PLAN VIAGE MARINAS, LLC III P-VIAG DI-001 P-VIAG 1-0 11 L-2 oacu^u"T ��anwwgrs SHRUB AND OROUNDGOVER r �000 �.xtln�mw„�.ntxr. Tromandmadimps nV bLn'ral (Ia'dissever grade) I W mr mmmmm 12 lc else Camino Damon Holly V It y Fall Palm Wiring - see plans y <, SP wea,almetto Cabbage Palm ,« IV. 140W,te®,.•Rasshown y t„ �o e�orama.mk o „la��a,�� Damn, ch to existing an %ne. rote. nil new panto p snail he initiated with an aatomauc system red rain wnsor. ENGINEERING VIAGE BAYSHORE MARINA NOTES AND DETAILS VIAGE MARINAS, LLC ,eve s+uuous s*eve xrt P-VIA -0 1 1 P.VIAGOOtA 1t L-3 EXHIBIT "C" Exhibit C Marina Rules and Regulations 1. Absolutely "NO WAKE" while navigating in and out of the canals. 2. Keep music turned down and make as little noise as possible while docked at the marina or navigating the canals. 3. Always remove trash from boats and place trash in the appropriate containers located throughout the marina. The blue containers are for recyclable materials and the black containers are for trash. 4. Do not roll or drag coolers on the floating docks, as this creates an unbearable noise for our neighbors and those close to the marina. 5. Remove fish carcasses and/or bait from the boat. Do not dispose of fish carcasses and/or bait in the trash containers located throughout the marina. 6. Clean up after yourself by stowing away your gear, including life jackets, dock lines, power cords, cleaning supplies, coolers, and hoses. If these items are left out, especially on the dock, they can create a safety hazard. 7. While you are loading or unloading, be mindful of fellow members and marina employees by not loitering or delaying the process. The dock hands and other employees are happy to assist at any time. Communicate with the forklift driver about special services or any questions that you may have. 8. Please remember that we have a security system that monitors all activity after business hours. The police will be called out on any person(s) that loiter on the marina property for any extended period of time. ATTESTATION: I, rName of Boat Owner] attest to receiving, reading, and understanding these rules and regulations. I further understand that I must abide by these rules and regulations and that they have been incorporated into the terms and conditions of the existing contract that I have entered into with Viage Marina. Signature of Marina Patron